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HomeMy WebLinkAbout1.00 General Application Materials_PartBOak Meadows 3rd Filing Wildlife Analysis Report September 2007 ROCKY MOUNTAIN ECOLOGICAL S ERVICES,INC.4 2 T ABLE OF C ONTENTS 1 SUMMARY .....................................................................................................................................................................2 1.1 EVALUATED S PECIES ..........................................................................................................................................2 2 TABLE OF CONTENTS............................................................................................................................................4 3 EXISTING CONDITIONS .......................................................................................................................................5 3.1.1 HISTORICAL USE AND IMPACTS ...................................................................................................5 3.1.2 UPLAND VEGETATION ...................................................................................................................5 3.1.3 FOURMILE CREEK RIPARIAN ZONE............................................................................................5 3.2 FIGURE 1:MAP OF OAK MEADOWS 3RD FILING A REA................................................................................6 3.3 WILDLIFE USE OF A REA ....................................................................................................................................7 3.3.1 MULE D EER ......................................................................................................................................7 3.3.1.1 Impacts to Mule Deer and Habitat ......................................................................................7 3.3.1.2 Figure 2: Mule Deer Winter Ranges ...................................................................................9 3.3.2 ELK ..................................................................................................................................................10 3.3.2.1 Impacts to Elk and Habitat ................................................................................................10 3.3.2.2 Figure 3: Elk Winter Ranges ..............................................................................................12 3.3.3 COLORADO RIVER CUTTHROAT TROUT .................................................................................13 3.3.4 IMPACTS TO CRCT AND H ABITAT.............................................................................................14 3.4 RECOMMENDED M ITIGATION MEASURES .................................................................................................15 3.4.1 LIGHTING &GAME USE .............................................................................................................15 3.4.2 ROADS .............................................................................................................................................15 3.4.3 FENCES ...........................................................................................................................................15 3.4.4 LANDSCAPING AND REVEGETATION ......................................................................................16 3.4.5 DOMESTIC D OGS ..........................................................................................................................16 3.4.6 CDOW INDEMNIFICATION........................................................................................................17 3.4.7 BEARS ..............................................................................................................................................17 3.4.8 MOUNTAIN LION ..........................................................................................................................17 3.4.9 FIGURE 4:MAP OF BLACK BEAR HUMAN CONFLICT AREA (CDOW)..............................18 3.4.10 BIRDS ..........................................................................................................................................19 3.4.11 BIG GAME HABITAT MITIGATION.......................................................................................19 4 APPENDIX I: CDOW NDIS HABITAT DEFINITIONS ...............................................................................20 Oak Meadows 3rd Filing Wildlife Analysis Report September 2007 ROCKY MOUNTAIN ECOLOGICAL S ERVICES,INC.5 3 EXISTING CONDITIONS 3.1.1 H ISTORICAL USE AND IMPACTS The site was likely part of the area ranching operations, as evidenced by the dominance of the meadow by agricultural cultivar grasses. The Oak Meadows Subdivision has been in existence since 1976,and has significantly changed the character of the area .The oak brush stands on the hillslopes appear to be relatively undisturbed (aside from areas within the developed parts of the Oak Meadows Subdivision). 3.1.2 UPLAND VEGETATION The site is dominated by the large meadow bisecting the filing area. As previously mentioned, this meadow is dominated by agricultural grasses that were likely planted for grass hay production. These grasses are known to be aggressive and persistent in many areas, and therefore have likely excluded the recolonization of the meadow by native grasses and forbs. Along the western edge of the filing area, Gambel’s oak stands persist with codominant serviceberry, and other shrubby species. Species include Gambel’s oak, serviceberry, wild rose, snowberry, chokecherry,Fendler’s bluegrass (Poa fendleri), Indian paintbrush (Castilleja chromosa ), dwarf larkspur (Delphinium nelsonii ), prairie Junegrass (Koeleria macrantha ), sedge (Carex geophila ), Indian ricegrass (Oryzopsis hymenoides), western wheatgrass (Pascopyrum smithii), horsebrush (Tetradymia canescens), rabbitbrush (Chrysothamnus nauseosus),Orercarya spp., and milkvetch (Astragalus mollissimus var.thompsoniae ) among other species. The oakbrush stands are very dense and have significant components of dead woody material in them, indicating maturity and possible stagnation. 3.1.3 F OURMILE CREEK R IPARIAN ZONE Fourmile Creek forms the eastern edge of the 3rd filing area. Although the proposed development does not extend down to the creek, this area is important for wildlife. Fourmile Creek is known to contain greenback cutthroat trout habitat (M. Lacey, USFS, pers. comm. 2007, Hirsch 2006 ). This area has an open and decadent narrowleaf cottonwood (Populus angustifolia) canopy, with a wide and complex wetland area with various wetland plant associations including willows, sedges, rushes, as well as shrubby vegetation. Vegetation surveys within this area were not intensive . Fourmile Creek has a number of beaver ponds in the area, which further increases the habitat complexity and structural diversity of the site. Photo of meadow and adjacent oakbrush stands proposed for development. Oak Meadows 3rd Filing Wildlife Analysis Report September 2007 6 3.2 FIGURE 1:MAP OF OAK MEADOWS 3RD F ILING AREA Oak Meadows 3rd Filing Wildlife Analysis Report September 2007 ROCKY MOUNTAIN ECOLOGICAL S ERVICES,INC.7 3.3 WILDLIFE USE OF AREA 3.3.1 MULE DEER The property has moderate levels of mule deer use, but this use becomes significant during the winter months.The CDOW has the area mapped as mule deer Winter Range . East of CR 117, on the hogback formation, mule deer Winter Concentration Area and Severe Winter Range is further delineated by CDOW (see Appendix I for a description of CDOW habitat classifications). Deer use of the area entails the crepuscular (morning and evening times) use of the meadows by grazing deer, with deer bedding down and seeking shelter in the Gambel’s oak stands to west of the meadows. Deer would also be utilizing the natural openings with the Gambel’s’ oak stands. Due to the nearby presence of Fourmile Creek, deer will come down out of the uplands (both east and west of CR 117) to procure drinking water in the creek. The agricultural grasses in the meadows are not likely optimal forage for deer, but it would not be considered to be “bad” forage either. Deer use dramatically increases during the fall months. This is due to deeper snows and hunting pressure pushing deer into lower elevations, and out of the higher elevations on Sunlight Mountain. Further, deer likely use the subdivisions in the area as “hunting refuges”. This is not necessarily an optimal situation, and deer grazing in peoples yards and seeking shelter in subdivision often causes other problem such as harassment of deer by pet dogs, and by having predators (most notably mountain lion [Felis concolor]) following deer herds down into subdivisions.Hunting refuges also create problems with hunters illegally hunting within subdivisions, and increases the likelihood of poaching. Management of deer herd sizes by CDOW is also difficult when deer utilize sizable hunting refuges. Because of the deer Winter Concentration Area and Severe Winter Range east of Oak Meadows, significant numbers of deer cross CR 117 as they move out of higher elevation habitats, down into the Dry Park area. Currently, traffic along CR 117 is estimated to be ap proximately 2,000 vehicles per day, and the proposed Ski Sunlight development would increase traffic to approximately 4,000 vehicles per day. As much of this traffic coincides with the morning and evening movement times of deer, mule deer moving and migrating to and from winter ranges in the Dry Park area will be under increasing threat of vehicular collisions. 3.3.1.1 IMPACTS TO MULE DEER AND HABITAT Mule deer habitat in the general area is fairly widespread, and this specific project would not likely have significant impacts to overall available habitat. However, cumulatively when considering other infill projects in the area and other development within and around the Dry Park area, mule deer habitats in general are becoming more restricted and confined, with mule deer either having to migrate through subdivisions and utilize habitats within subdivisions, or having to modify migration patterns around subdivisions. At this time, mule deer are likely both continuing to pass through subdivisions, and also modify migrations patterns around subdivisions to avoid human activities and domestic dogs. Mule deer have sho wn considerable ac customization to human activities within the area, and rarely flee human activities. However, it is well documented that deer stress levels, and thus overall fitness, is compromised when mule deer utilize habitats near and within rural subdivisions. As previously mentioned, for deer passing through subdivisions and utilizing subdivisions as hunting refuges, other negative issues arise such as dogs chasing and harassing deer, increased poaching, increased stress levels and damage to landscaping from deer browsing . Management of deer herds through hunting is also compromised. The development of the Oak Meadows filing Oak Meadows 3rd Filing Wildlife Analysis Report September 2007 ROCKY MOUNTAIN ECOLOGICAL S ERVICES,INC.8 would add incrementally to these issues. Mule deer coming off of winter ranges with widespread development would likely have reduced fitness, and possibly reduced body mass due to compromised foraging opportunities, increased stress, and likely increased energy output and expenditure from being chased by dogs, avoiding vehicles, and other human activities. Traffic from the Oak Meadows filing will incrementally add to the current 2,000 VPD utilizing CR 117. Traffic data that may be generated from this specific development was not available during production of this report, however one can assume that each house adds 9.5 Average Daily Trips (ADT) (range is from 4.31 to 21.85) (ITE 2007). This equates to 237.5 ADT’s for the 3 rd filing (9.5 ADT for each home multiplied by 25 home s), or an average 11% increase to the existing background traffic level at full build out.This background traffic level currently produces deer mortality, especially during the fall and winter when deer use is highest in the area,and increased traffic will lead to more mortality to deer along CR 117. However how much more mortality would occur because of this development would be speculatory. The current deer population in the area would be able to sustain this mortality, however mitigations should be considered to reduce deer mortality. Oak Meadows 3rd Filing Wildlife Analysis Report September 2007 9 3.3.1.2 F IGURE 2:MULE DEER WINTER RANGES Oak Meadows 3rd Filing Wildlife Analysis Report September 2007 ROCKY MOUNTAIN ECOLOGICAL S ERVICES,INC.10 3.3.2 E LK The Oak Meadows subdivision area is mapped as elk Winter Range by CDOW. To the west of the subdivision, higher on the hillsides, Severe Elk Winter Range is mapped as well as to the east of CR-117 on the hogback. Elk use of the area is predominately during the winter months. Some light and incidental elk use of the area may occur during the summer months, but the time period when elk substantially utilize the area is during the winter when deep snows push the elk out of the mountains . Elk move down from higher summer and fall ranges on Sunlight Mountain during the early winter months, pushed down -slope by snowfall and hunting pressure. Most elk use of the Oak Meadows area by m igrating elk starts around mid November. Elk only spend a comparatively minor amount of time in the Oak Meadows area, and more heavily utilize winter ranges in the Dry Park and valley floor of the Roaring Fork areas . However, some elk use of the Oak Mead ow area is likely throughout the winter months. Dogs, traffic and other disturbance factors likely limited the amount of elk use in the greater Oak Meadows/ CR-117 area, and this is likely the reason that elk only utilize the area incidentally. Elk will,however, cross back and forth across CR 117 and the Oak Meadows subdivision area at various times throughout the winter months as they utilize various winter ranges in the area, depending on snowfall and intermittent snow melt events throughout the winter. As with mule deer, elk crossing CR 117 currently encounter moderate amounts of vehicular traffic, but with increasing traffic anticipated at Ski Sunlight, traffic levels will likely double, increasing the risk of vehicle collisions with elk. 3.3.2.1 IMPACTS TO E LK AND HABITAT As elk are generally utilizing the area only during the winter months, impacts to elk will therefore generally occur only during the winter months. These impacts would include avoidance of the area, possible increased mortality from increased road use, forcing of elk onto other adjacent properties, and subsequently more winter competition for resources in the greater area around the property. Further, as elk do not generally tolerate human activities as well as mule deer do, elk lingering within the subdivision and utilizing the area as a hunting refuge would not likely occur. Because of the elk use patterns in this area, harassment from human activities and domestic dogs will not be as noticeable as for mule deer.During the spring, summer, and fall months, elk are utilizing higher elevation habitats, far away from the Oak Meadows property. Harassment to elk migrating through the area, and during intermittent use of the area will still likely occur from traffic, domestic dogs, and other human activities. As elk generally do not significantly use the area for winter range, direct losses to winter range habitats would be minor, but cumulative in nature. This means that the Oak Meadows filing will add to the overall loss and fragmentation of elk winter range habitats in the greater Fourmile Creek and Dry Park area. Based on the current land use plan, there will be some “Open Space” areas within the development (mainly the meadows and below the homesites near Fourmile Creek), and around so me of the edges of the property. As elk can be very sensitive to human activities, elk will generally avoid much of the property and use of the Open Space areas would not likely be significant . Elk may pass through the property during the nighttime hours, as they move through the area looking for more suitable winter foraging opportunities.However there is even the likelihood that elk will browse within the subdivision after development. Because elk are very habitual, they will likely continue to show up in the area during the early winter as they move out of the high country onto Oak Meadows 3rd Filing Wildlife Analysis Report September 2007 ROCKY MOUNTAIN ECOLOGICAL S ERVICES,INC.11 their traditional winter ranges. Elk will likely continue to use the adjacent winter ranges uphill and east of the property. As elk will continue to use these traditional yet compromised habitats (Dry Park, the BLM lands, and adjacent ranches with scattered development), the ability of elk to find adequate forage throughout the winter, coupled with increased stress from elevated human activity in the area will likely mean that over-wintering elk will likely change winter range use patterns to utilize more of the Dry Park area now placed into a Conservation Easement (with Pitkin County in 2007), and to avoid the higher traffic and development pressure along the Fourmile draina ge. In summary, this project will contribute with other land use changes in the greater Fourmile area that will have minor modifications to elk migration patterns and winter range use in the area. The direct negative impacts of this particular project on elk fitness and spring health of elk coming off of winter range is not likely measurable or quantifiable, but cumulatively the loss of habitat within the Fourmile area,and increased traffic on CR 117 may produce measurable increases in elk mortality. Given the density of homesites proposed for the Oak Meadows property, and existing development, on-site habitat improvement or mitigations to increase winter forage quality on-site are not likely feasible or would have no measurable improvements to elk winte r range. There are recommendations to minimize other stresses or negative impacts to elk moving through and using the area. These recommendations are listed further below in this document. Oak Meadows 3rd Filing Wildlife Analysis Report September 2007 12 3.3.2.2 F IGURE 3:E LK WINTER RANGES Oak Meadows 3rd Filing Wildlife Analysis Report September 2007 ROCKY MOUNTAIN ECOLOGICAL S ERVICES,INC.13 3.3.3 C OLORADO R IVER CUTTHROAT T ROUT The Colorado River cutthroat trout (CRCT)is a descend ent of the Yellowstone cutthroat trout and is one of the several subspecies of inland cutthroat trout (Behnke 2002). The Rio Grande and greenback cutthroat trout are believed to have descended from the C RCT based on genetic research. The CRCT is particularly colorful and has intense reds, yellows ,and oranges. There is considerable diversity, especially in the size and pattern of spots on the body, among CRCT. This variation is believed to have develop ed as more than one ancestor fish made a headwater transfer from the upper Snake River drainage into the upper Green River drainage in the Colorado River basin. The CRCT is specifically adapted to riverine environments. After the period of last glaciation, approximately 11,000 years ago, there were no large natural lakes formed in the upper Colorado River basin. Thus,no population of CRCT acquired special adaptation to a large lake environment. However there were some small lakes in Colorado (Grand La ke, Trappers Lake, and some lakes on the Grand Mesa) that supported CRCT. As nonnative trout were introduced, CRCT were rapidly replaced by these nonnative trout, except for the Trapper Lake cutthroat, which persisted as a relatively pure population until the 1970s when rainbow trout gained access to the lake and hybridization began. In small headwater streams such as Fourmile Creek, CRCT usually do not grow larger than 8 inches. In larger rivers and lakes, they can grow to a maximum length of approximate ly 20 inches. Similar to other inland subspecies of cutthroat, CRCT is highly susceptible to replacement by brook trout and brown trout and to hybridization with rainbow trout. In highly fluctuating and unstable small creeks and streams such as Fourmile Creek , CRCT generally avoid hybridization with nonnative trout. Throughout CRCT range, watersheds in the past 100 years have also been degraded by livestock grazing, which has increased erosion and sedimentation. The original range of CRCT is the upper Colorado River basin of Colorado, Wyoming, Utah and New Mexico. The northernmost distribution was in the headwaters of the Green River in Wyoming, and the southernmost distribution was the San Juan River drainage in northern New Mexico. CRCT are now extirpated from the San Juan drainage. Below certain areas on the mainstem of the Colorado and the Green Rivers (specifically near the towns of Rifle in Colorado and Green River in Wyoming)and smaller tributaries below 5,000 feet in elevation,lacked suitable temperatures and water quality to maintain trout. Many tributaries to the main stems at higher elevations held thriving native trout populations, but it was not until the intervention of modern water management and trans-basin diversions that suitable habitats were formed in the larger rivers. Some of today’s notable tail water fisheries for nonnative trout in the Green River downstream from Flaming Gorge Dam, in the Colorado River below Glen Canyon Dam, and in the San Juan River below Navajo Dam are now suitable for nonnative and native trout use. Reservoirs settle out sediment and dams control the release of clear, cold water in a regulated flow, in which trout can flourish. As nonnative trout, particularly rainbow trout, were stocked in Colorado, they rapidly out-competed and hybridized CRCT to the point of extirpation from many of the main rivers in the state. By the mid -twentieth century, CRCT occupied only a tiny fraction of their original distribution, mainly in small headwater streams isolated by barrier falls from contact with nonnative trout. Current enhancement programs include transplants to establish new populations, stream improvements, and better management of livestock to restore riparian vegetation for stream -bank stability and Oak Meadows 3rd Filing Wildlife Analysis Report September 2007 ROCKY MOUNTAIN ECOLOGICAL S ERVICES,INC.14 reduced sediment loading. The restoration and enhancement programs for the CRCT have been formalized in a conservation agreement among various resource agencies. Presently, there are about 100 pure populations of CRCT, mostly in small, isolated streams, most of which have only one or two miles of suitable habitat. For about 100 years, Trappers Lake was the source of most of CRCT that were artificially propagated and stocked in mountain lakes and streams in Colorado. After hybridization with hatchery rainbow trout was detected in Trappers Lake, a new source for the propagation of pure CRCT was found in a lake in Rocky Mountain National Park. As nonnative trout were stocked in many of the tributaries around the Roaring Fork, CRCT would likely only occur in the highest reaches of the streams, or in the case of Fourmile Creek, in areas where low summertime river flows may limit distribution of nonnative trout . Individual CRCT may be found now and again in tributaries of the Roaring Fork River, but they are likely hybr ids. Fourmile and Threemile Creeks have suitable habitat to support CRCT, and historically these streams had viable populations of CRCT (Hirsch 2006).Water diversion in the Glenwood Springs area is the most significant impact to CRCT habitat . Much of the water flowing down Threemile has been diverted over to Fourmile Creek, which diminished the potential habitat in Threemile, and improves habitat in Fourmile. However,historical mining activities around Ski Sunlight and widespread intense grazing pressure of riparian areas throughout the Fourmile drainage have negatively impacted water quality and riparian habitat conditions through increased sedimentation of potential spawning beds, reduced pool depth, and decreased riparian vegetation health. Water development projects upstream of Oak Meadows, such as snowmaking operations and water diversion in the Ski Sunlight area present seasonal depletion issues for CRCT, while non-point source pollutants from traffic and nearby residential homes likely have year-round negative impacts to water quality. Non-native brook trout ar e also common in Fourmile Creek and successfully out- compete CRCT in area streams (Hirsch 2006). 3.3.4 IMPACTS TO CRCT AND H ABITAT As the 3rd filing area is situated relatively far away from Four mile Creek, there is a sufficient buffer of meadows and shrubby habitats that would limit the possibility of most non-po int source pollutants from entering Fourmile Creek. Increased traffic along CR 117 will add some risk to spills and non - point source pollutants which may impact Fourmile Creek, but these impacts would be difficult to measure or quantify for just the 3rd filing project. Increased water usage by homes may have indirect impacts to instream water flows along the Roaring Fork, but again, the level of water depletions to instream flows is insignificant and discountable due to the source of the water (no upstream water diversions along Fourmile Creek). Standard Best Management Practices (BMPs), if implemented correctly, for reducing storm water impacts and construction impacts to water quality will likely mitigate most threats to CRCT habitat. In summary, this project should have no significant direct impact to CRCT habitats; however there are always risks from accidents and increased road traffic impacts which may have cumulative negative impacts to water quality in Fourmile Creek. Oak Meadows 3rd Filing Wildlife Analysis Report September 2007 ROCKY MOUNTAIN ECOLOGICAL S ERVICES,INC.15 3.4 RECOMMENDED MITIGATION MEASURES 3.4.1 LIGHTING &GAME USE Because the area will still likely receive some use by mule deer and elk during the night,nighttime lighting o f the property and excessive lighting of driveways (beyond what is required for safe driving conditions) is not recommended in order to allow big game use of the area.Further, lighting of existing winter range beyond the building envelopes is strongly discouraged (for instance;from bright back-yard lights illuminating adjacent BLM lands and the meadow). Vegetation should be planted 10’ off of roadsides in areas where headlights from vehicles illuminate winter range areas in order to minimize unintended “spotlighting” of foraging game at night. 3.4.2 ROADS Along the existing and new roads that would occur in this area, the following requirements should be followed : o Fences along the roads should not be allowed and/or removed if currently existing to allow for uninhibited wildlife movement across roads. o Cut and/or fill slopes along the roads should be designed to facilitate wildlife movement; this includes using native plant materials that mimic local native vege tation species and distribution. o Large or extensive retaining walls should not be utilized. o The County should strongly consider increasing clearing of shrubby vegetation from roadsides along CR 117. This should be done in order to increase the visibility of deer, elk and other wildlife species on road sides, which would allow drivers more time to slow down to avoid hitting wildlife crossing the road. Proposed widening and paving of CR 117 by Ski Sunlight would improve traffic flow, but would also likely increase traffic speeds, which would reduce the ability for drivers to avoid vehicle impacts with wildlife. The County should consult with CDOW to determine where most wildlife mortalities occur along CR 117, and consider installing warning signs and other methods (including lighting) to reduce wildlife mortalities. This should include areas adjacent to Oak Meadows, but also up and down CR 117. This is because increased traffic from Oak Meadows will indirectly have impacts to deer crossing CR 117 outside of the project area. Oak Meadows should not singularly be responsible for this increased clearing per se, but should incrementally contribute to increased vegetation clearing along with other new developments in the area based on relative contributions to increased traffic. 3.4.3 FENCES As the area will be used b y big game in the winter months, fencing will inhibit big game movement, and is therefore strongly discouraged. As the area is no longer grazed by cattle or domestic sheep, fencing should not be necessary. Decorative fencing that is not designed to al low wildlife passage is strongly discouraged . Additionally, existing fencing should be removed as soon as possible. Fencing that is needed to keep pets and children adjacent to the houses are allowed and encouraged. Fencing aside from keeping pets or children within the building envelope should comply with the following: o Fences may consist of two rails, with the upper rail 44 inches above the ground, and the top of the bottom rail 24 inches above the ground. This will allow adult animals to easily Oak Meadows 3rd Filing Wildlife Analysis Report September 2007 ROCKY MOUNTAIN ECOLOGICAL S ERVICES,INC.16 jump over fences, even in deep snow, and will allow calves and fawns to crawl under or pass through the rails. Other wildlife friendly fencing standards are available from CDOW. o Buck and rail fences are practically impossible for wildlife to cross, therefore buck and rail fences are strongly discouraged. o If cattle or domestic sheep grazing resumes in the area, and fencing livestock out becomes a necessity, the property owners should consult with CDOW & BLM personnel to develop an acceptable fence design. There are various types of fences that are compatible with fencing out horses, domestic sheep, and cattle and still allow for wildlife movements across fence lines. o Prior to construction in or adjacent to winter range habitats, snow fencing or silt fencing shall be erected at the edge of the building envelopes to contain disturbance to native vegetation by indirect construction activities (i.e. trampling of vegetation by equipment, etc.). 3.4.4 LANDSCAPING AND REVEGETATION As the area is used as winter range, reclamati on of road cuts, infrastructure routes and open spaces will need to occur using similar native plant species and vegetation profiles. Revegetation should also occur as soon as possible, however planting in the spring after big game have left the area would be best as newly planted materials would likely be browsed first, and plants with little time to set roots will likely be pulled up by grazing big game . Additionally, noxious weeds should be treated bi-annually during and immediately after construction in order to minimize their spread and impact on winter range and increase the success of revegetation activities. Revegetation along roadsides should not include trees and tall shrubs (such as chokecherry or serviceberry) within 10 feet of the road to impr ove visual detection of wildlife along roadsides and to minimize road kill. Local native grasses, forbs and low shrubs may be planted along roadsides to keep wildlife habitat conditions as viable as possible. 3.4.5 DOMESTIC DOGS Domestic dogs, unless they are seeing-eye dogs or assistance dogs for the disabled,should be prohibited outside of fenced areas within big game winter habitat areas. As this area is a n important big game winter range habitat, it is inevitable that if dogs were allowed outside of fenced yards, even under leash control, dogs would escape control and chase and likely injure wildlife. Specifically: o Dogs should be not be allowed outside of fenced yards during the winter m onths (November 15 through March 30 ). o This includes dogs owned by contractors, subcontractors, delivery personnel,home owners and their guests.Loose or uncontrolled dogs can have a significant impact to big game through direct and indirect mortality, increased stress, and displacement from prefe rred ranges. Control of dogs is vital when living within big game winter ranges . In the past, CDOW has had numerous reports of dogs brought to construction sites by workers which chase and harass wildlife. Due to the location and proximity of this parcel to sensitive wildlife hab itat areas, construction workers should not be allowed to bring dogs on site. Stray or loose dogs may be controlled by CDOW or Garfield County, which could include destruction of dogs chasing wildlife, as permitted by Colorado law. Under Colorado law, persons who are not in compliance with this dog policy will be responsible for any and all costs the CDOW or Garfield County may incur due to control of loose dogs on the property. If home owners Oak Meadows 3rd Filing Wildlife Analysis Report September 2007 ROCKY MOUNTAIN ECOLOGICAL S ERVICES,INC.17 knowingly permit illegal dog activity on the property, those persons will be financially responsible for costs of controlling dogs.CDOW and County representatives may be granted access to the property to enforce any of the dog restrictions and other wildlife restrictions set within these recommendations. CDOW enforcement may include the capture or destruction of any dogs running at large on the property, regardless of where the dogs may have originated. 3.4.6 CDOW INDEMNIFICATION As the property occurs within mule deer and elk winter ranges, there will be damage and use of the landscaping by foraging big game. The property owners should be informed of this and agree to indemnify CDOW from wildlife damage and not seek funding for game damage reimbursement from CDOW. 3.4.7 BEARS Black bears are very common in the area from spring (April) through fall (mid November). There are existing problems with bears, garbage, and people in Garfield County and some bears have shown signs of habituation and aggression towards residents. The following measures should be implemented to reduce p otential bear problems: o There should be no dumps that have edible materials associated with the construction and post-construction activities.Construction workers and contractors should be notified and educated about the importance of keeping trash, food and drink items properly disposed of to discourage bear activities in the area. o Residential garbage should be placed in bear-proof dumpsters, individual bear-proof trash containers, or kept in trash cans inside closed buildings.Trash cans should not be left outside overnight prior to trash collection, and bears quickly become habituated to these schedules. o Pets should not be fed outside. Bowls of pet food left around buildings will attract bears and other predators (e.g. coyotes or red fox) and nuisance species (e.g. skunks, raccoon, woodrats) of wildlife. o Birdfeeders and hummingbird feeders need to be brought in during the evenings, and removed altogether during the fall months (September through mid November) when bear activity is at its highest. o Nut,fruit, or berry producing trees or shrubs should not be used in landscaping in order to minimize an attractant for bears. o Homeowners should be educated about bears and other local wildlife via a homeowner’s brochure, such as that produced by the CDOW. 3.4.8 MOUNTAIN LION The area around Fourmile Creek is known to have high levels of mountain lion activity, especially during the winter months when mule deer numbers swell in the area. Homeowners should be notified and be provided with educational materials such as CDOW’s living in mountain lion country brochure. Pets and small children can be at risk to mountain lions. Oak Meadows 3rd Filing Wildlife Analysis Report September 2007 18 3.4.9 F IGURE 4:MAP OF BLACK BEAR HUMAN CONFLICT AREA (CDOW) Oak Meadows 3rd Filing Wildlife Analysis Report September 2007 ROCKY MOUNTAIN ECOLOGICAL S ERVICES,INC.19 3.4.10 B IRDS Many sensitive bird species utilize the area;therefore the following recomme ndations are presented. o Pet cats should remain indoors, as cats will readily prey upon these species and can have a significant impact on bird use in the area and on bird populations. o Bird feeders are discouraged due to the heavy black bear use in the are a. Bird feeders can be used in the winter (from mid November through mid March), as bears are hibernating during this time. o All bird feeders, including hummingbird feeders, should be hung away from any window or deck, be at least 10’ from the ground, and be suspended between two trees or posts. Any seed feeders should have a seed catchment pan to catch discarded seed. As the area can contain high numbers of cavity nesters, larger trees, and especially trees with cavities (woodpecker holes) should be preserved if possible, or nest boxes may be installed if many trees need to be removed. 3.4.11 B IG GAME HABITAT MITIGATION Much of the Gambel’s oak and associated shrublands in the greater area are very decadent, old and have a significant amount of dead material. Th is provides excellent cover for wildlife, but relatively poor foraging opportunities. Manipulation of these stands to provide better foraging opportunities could help offset the loss of foraging areas. Chipping patches of oakbrush is known to stimulate grass and forb production, and within one year, sprouts from oakbrush and other brushy species will become more pronounced, and provide additional browse for deer and elk. Oak Meadows should consider beginning chipping of patches, from ½ acre to 3 acres i n size, scattered around the property, and possibly on adjacent lands (BLM and area ranches)with assistance from CDOW. Chipping operations should begin prior to development activities in order to provide improved foraging conditions for deer and elk during the most active time of development -road building, installation of infrastructure, and construction. Although there would be a net decrease in available habitat from the development, chipping and allowing stands to naturally regenerate would improve foraging conditions of habitats in the greater area. A side benefit would also go towards wildfire mitigation. Converting the dense, heavily stocked fuels of these shrublands with more open and younger shrubs would reduce hazardous fuels loading, decreas ing fire intensity. Thank you for the opportunity to comment on this property. Please feel free to call if you have any questions regarding this report. Eric Petterson Rocky Mountain Ecological Services, Inc. Oak Meadows 3rd Filing Wildlife Analysis Report September 2007 ROCKY MOUNTAIN ECOLOGICAL S ERVICES,INC.20 4 A PPENDIX I :CDOW NDIS H ABITAT D EFINITIONS The following section defines the ungulate seasonal activity area definitions used by CDOW in their habitat mapping protocol. ROCKY MOUNTAIN ELK HIGHWAY CROSSING: Those areas where elk movements traditionally cross roads, presenting potential conflicts between elk and motorists. MIGRATION CORRIDORS: A specific Mappable site through which large numbers of animals migrate and loss of which would change migration routes. OVERALL RANGE: The area which encompasses all known seasonal activity areas within the observed range of an elk population. PRODUCTION AREA: That part of the overall range of elk occupied by the females from May 15 to June 15 for calving. (Only known areas are Mapped and this does not include all production areas for the DAU). RESIDENT POPULATION: An area used year-round by a population of elk. Individuals could be found in any part of the area at any time of the year; the area cannot be subdivided into seasonal ranges. It is most likely included within the overall range of the larger population. SEVERE WINTER: That part of the range of a species where 90 percent of the individuals are located when the annual snowpack is at its maximum and/or temperatures are at a minimum in the two worst winters out of ten. The winter of 1983-84 is a good example of a severe winter. SUMMER CONCENTRATION: Those areas where elk concentrate from mid-June through mid-August. High quality forage, security, and lack of disturbance are characteristics of these areas to meet the high energy demands of lactation, calf rearing, antler growth, and general preparation for the rigors of fall and winter. SUMMER RANGE: That part of the range of a species where 90% of the individuals are located between spring green-up and the first heavy snowfall, or during a site specific period of summer as defined for each DAU. Summer range is not necessarily exclusive of winter range; in some areas winter range and summer range may overlap. WINTER CONCENTRATION: That part of the winter range of a species where densities are at least 200% greater than the surrounding winter range density during the same period used to define winter range in the average five winters out of ten. WINTER RANGE: That part of the overall range of a species where 90 percent of the individuals are located during the average five winters out of ten from the first heavy snowfall to spring green-up, or during a site specific period of winter as defined for each DAU. MULE DEER CONCENTRATION AREA: That part of the overall range where higher quality habitat supports significantly higher densities than surrounding areas. These areas are typically occupied year round and are not necessarily associated with a specific season. Includes rough break country, riparian areas, small drainages, and large areas of irrigated cropland. HIGHWAY CROSSING: Those areas where mule deer movements traditionally cross roads, presenting potential conflicts between mule deer and motorists. MIGRATION CORRIDORS: A specific Mappable site through which large numbers of animals migrate and loss of which would change migration routes. OVERALL RANGE: The area which encompasses all known seasonal activity areas within the observed range of a mule deer population. RESIDENT POPULATION: An area that provides year-round range for a population of mule deer. The resident mule deer use all of the area all year; it cannot be subdivided into seasonal ranges although it may be included within the overall range of the larger population. SEVERE WINTER: That part of the overall range where 90% of the individuals are located when the annual snowpack is at its maximum and/or temperatures are at a minimum in the two worst winters out of ten. SUMMER RANGE: That part of the overall range where 90% of the individuals are located between spring green-up and the first heavy snowfall. Summer range is not necessarily exclusive of winter range; in some areas winter range and summer range may overlap. �tech HEPWORTH -PAWLAK GEOTECHNICAL December 5, 2007 Oak Meadows, LLC Attn: Eric Fuhrmeister 11250 Osage Circle, Unit A North Glen, Colorado 80234-4743 Hepw orcl1-Pa,1·lak Ge otechnical, Inc. 502L1 Count\ Road 154 Glemrnn,1 Spring,, Colorado 01601 Phone : 970-945-798'3 fa,. 970-945-◊4 54 em,11 I: hpQe, J@hpge, 1cech.cnm Job No. I 07 0895 Subject: Radi ation Potential, Proposed Phase 3, Filing 4, Oak Meadows, Garfield County, Colorado. Dear Mr. Fuhrmeister: As requested by Tiffany Berry with Gamba & Associates, we have performed a cursory site reconnaissance and reviewed geologic information in the area with respect to radiation potential. We understand that the radiation potential of the project site is required for the sketch plan application. Our services were performed in accordance with our agreement for geotechnical services to Oak Meadows, LLC dated December 5, 2007. The project site is not in a geologic setting that would indicate high concentrations of radioactive minerals in the near surface soils and formation rock. However, there is a potential that radon gas could be present in the area. It is difficult to detect radon gas in open areas before buildings are constructed. Testing for radon gas levels could be done when the residences and other occupied structures have been completed. New buildings are often designed with provisions for ventilation of lower enclosed areas should post construction testing show unacceptable radon gas concentrations. If you have any questions or need further assistance, please call our office. Sincerely, HEPWORTH -PAWLAK GE Jordy Z. Adamson, Jr., P.E. Rev. by: SLP JZA/vad cc: Gamba & Associates -Attn: Tiffany Berry RECEIVED DE C 1 3 1 ·17 Parker 303-841-7119 • Colorado Sp rin g:-. 719-631-5562 • Sil\'erthorne 970-468-1989 Oak Meadows 3rd Filing Wildlife Analysis Report September 2007 ROCKY MOUNTAIN ECOLOGICAL S ERVICES,INC.21 WINTER CONCENTRATION: That part of the winter range where densities are at least 200% greater than the surrounding winter range density during the same period used to define winter range in the average five winters out of ten. WINTER RANGE: That part of the overall range where 90 percent of the individuals are located during the average five winters out of ten from the first heavy snowfall to spring green-up, or during a site specific period of winter as defined for each DAU. BLACK BEAR FALL CONCENTRATION: That portion of the overall range occupied from August 15 until September 30 for the purpose of ingesting large quantities of mast and berries to establish fat reserves for the winter hibernation period. HUMAN CONFLICT: That portion of the overall range where two or more confirmed black bear complaints per season were received which resulted in CDOW investigation, damage to persons or property (cabins, tents, vehicles, etc), and/or the removal of the problem bear(s). This does not include damage caused by bears to livestock. OVERALL RANGE: The area which encompasses all known seasonal activity areas within the observed range of a population of black bear. SUMMER CONCENTRATION: That portion of the overall range of the species where activity is greater than the surrounding overall range during that period from June 15 to August 15. 54284344.1 SUBDIVISION IMPROVEMENTS AGREEMENT OAK MEADOWS RANCH Filing No. 4B, Phase III THIS OAK MEADOWS RANCH, FILING NO. 4B, PHASE III SUBDIVISION IMPROVEMENTS AGREEMENT (the “Agreement”) is made and entered into this ____ day of _____, 2022, by and between OAK MEADOWS, FILING 4, PHASE 3 LLC, a Colorado limited liability company (“Owner”) and the BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO, acting for the County of Garfield, State of Colorado , as a body politic and corporate, directly or through its authorized representatives and agents (“BOCC”). WHEREAS, on July 19, 1976, the BOCC, by Resolution No. 76-47 and Resolution No. 76-48 approved a planned unit development re-zoning application for Oak Meadows Ranch, Oak Meadows Filing No. 4 according to the plat of Meadows Ranch, Oak Meadows Filing No. 4, recorded January 26, 1977 in Cabinet No. 1, Page 388, as Reception No. 276561, Garfield County, Colorado (the “Oak Meadows Filing No. 4 Plat”); and WHEREAS, Owner is the current owner of certain lands (the “Property”) comprising a portion of Area I, Oak Meadows Ranch Filing No. 4B, Phase No. III, as such Area I is depicted and described on the Oak Meadows Filing No. 4 Plat; WHEREAS, the Property is an approximately 44.67 acre parcel of land located in Garfield, County, Colorado, and legally described on Exhibit A attached hereto and made a part hereof; WHEREAS, on July 21, 2008, the BOCC, by Resolution No. 2008-95 and recorded as Reception No. 735652, Garfield County, Colorado, approved a preliminary plan for the Property as “A Resolution Concerned with Approval of a Preliminary Plan for a 25 Lot Phase of a Subdivision Known as ‘Oak Meadows Ranch PUD, Filing 4, Phase III’ and Property owned by Oak Meadows III, LLC, Garfield County” (“Preliminary Plan Approval”) which Preliminary Plan Approval, among other things, would re-subdivide the Property into 25 residential lots, a 32.611 acre common area parcel, and 2.616 acres of quasi-public area; WHEREAS, extensions approved by the BOCC for the recording of a final plat providing for such matters were granted on: (1) August 3, 2009 as BOCC Resolution No. 2009-59, recorded as Reception No. 77310, Garfield County, Colorado; (2) June 14, 2010 as BOCC Resolution No. 2010-47, recorded as Reception No. 787581, Garfield County, Colorado; (3) June 20, 2011 as BOCC Resolution No. 2011-38, recorded as Reception No. 804937; (4) July 1, 2013 as BOCC Resolution No. 2013-39, recorded as Reception No. 837610; 2 54284344.1 (5) July 20, 2015 as BOCC Resolution No. 2015-36, recorded as Reception No. 865682; (6) July 10, 2017 as BOCC Resolution No. 2017-35, recorded as Reception No. 895833; (7) July 22, 2019 as BOCC Resolution No. 2019-42, recorded as Reception No. 804937; and (8) ____________, 2022 as BOCC Resolution No. __________________, recorded as Reception No. ________________; and WHEREAS, on _______________, the BOCC, by Resolution No. ______ and recorded as Reception No. _______, Garfield County, Colorado, approved an amendment to the Preliminary Plan Approval for the Property which included a revised preliminary plan for the Property providing for a reconfiguration of the Property’s planned 25 residential lots; WHEREAS, in connection with the Preliminary Plan Approval, as amended, Owner now desires to record the Final Plat of Oak Meadows Ranch, Filing No. 4, Phase III (“Final Plat”); and WHEREAS, as a condition of approval of the Final Plat submitted by Owner to the BOCC for approval as required by the laws of the State of Colorado, Owner wishes to enter into this Agreement with the BOCC; and WHEREAS, Owner has agreed to certain restrictions and conditions regarding the sale of properties and issuance of building permits, and certificates of occupancy, all as more fully set forth below. NOW THEREFORE, in consideration of the mutual covenants and promises contained herein, the parties agree as follows: 1. Final Plat Approval. The BOCC hereby accepts and approves the Final Plat (“Final Plat Approval”), subject to the terms and conditions of this Agreement, the Preliminary Plan Approval, and the requirements of the Garfield County zoning and subdivision regulations and any other governmental or quasi-governmental regulations applicable to Oak Meadows Ranch, Filing No. 4, Phase III. This approval applies to Oak Meadows Ranch, Filing No. 4, Phase III as approved by the Preliminary Plan Approval. Development within future phases, if any, shall require subsequent approval by the BOCC of the subdivision final plats and associated subdivision improvement agreements and other documents required for approval by the BOCC of future phases. Recording of the Final Plat shall be in accordance with this Agreement and at the time prescribed herein. 2. Owner’s Performance. Owner has constructed and installed, or will construct and install, at Owner’s own expense, certain subdivision improvements, any one or more and all of which are referred to hereafter as “Improvements” in compliance with the following: 3 54284344.1 a. Plans and specifications approved and filed with Garfield County for Oak Meadows Ranch, Filing No. 4, Phase III, certified (as completed in substantial conformance with such plans and specifications) by and bearing the stamp of Owner’s professional engineer licensed in the State of Colorado (“Owner’s Engineer”), attached to and made a part of this Agreement by reference as “Exhibit B”, and all other documentation required to be submitted along with the Final Plat under pertinent sections of the Garfield County subdivision and zoning regulations. b. All requirements of the Preliminary Plan Approval. c. All laws, regulations, orders, resolutions and requirements of State of Colorado, Garfield County, and all special districts and any other governmental or quasi-governmental authority(ies) with jurisdiction. d. The provisions of this Agreement, including without limitation, the provision of documents of conveyance as detailed below. The BOCC agrees that if all required Improvements are installed in accordance with Subparagraphs 2(a) through 2(d) above; the submitted as-built drawings; and all other requirements of this Agreement, then the Owner shall be deemed to have satisfied all terms and conditions of the Garfield County zoning and regulations, with respect to the installation of the Improvements. 3. Security for Improvements. Because all Improvements have been constructed in substantial conformance with plans and specifications, as certified in Exhibit A, no security will be required. 4. Water Supply and Wastewater Collection. The Property is subject to the terms and conditions of the “Oak Meadows Reorganization Agreement” recorded August11, 1995 in Book 950 at Page 56, and at Reception No. 481864 (“Reorganization Agreement”). The Reorganization Agreement provides for, among other things, the prior installation, operation, use, and maintenance of a water system and a sanitary sewer system which provide for potable water and sanitary sewer service to the Property. Owner has installed, or will install, a water distribution system on the Property for potable water service in accordance with approved plans and specifications prior to the execution of this Agreement. Owner has provided water storage facilities, available for fire protection. Owner has installed, or will install, a wastewater/sewer collection system on the Property in accordance with approved plans and specifications. All easements and rights of way necessary for installation, operation, service, and maintenance of such water supply and distribution system and wastewater collection system are established as depicted on the Final Plat. 5. Public Roads. All roads within Oak Meadows Ranch. Filing No. 4, Phase III shall be dedicated to the public as rights of way. Pursuant to the “General Declaration for Oak Meadows Ranch Garfield County, Colorado” recorded January 26, 1977 in Book 492 at Page 894, at Reception No. 276560, Garfield County, Colorado, as amended by the “Restatement of Section 4.8 of General Declaration for Oak Meadows Ranch Garfield County, Colorado” recorded 4 54284344.1 March 21, 2979 in Book 521 at Page 932, and at Reception No. 292809, Garfield County, Colorado, and the Reorganization Agreement, the Oak Meadows Homeowner’s Association, a Colorado nonprofit corporation (the “Homeowners Association”) shall be solely responsible for the maintenance, repair and upkeep of said rights of way, including the traveled surface of the roadways and portions of the rights of way outside of the traveled surface. The BOCC shall not be obligated to maintain any road rights of way within Oak Meadows Ranch, Filing No. 4, Phase III. The dedication of the road rights of way by the Owner and acceptance thereof by the BOCC, on behalf of the public, shall be shown on the Final Plat. 6. Public Utility Rights of Way. Whether or not utility easements exist elsewhere in Oak Meadows Ranch, Filing No. 4, Phase III, all road rights of way within Oak Meadows Ranch, Filing No. 4, Phase III, whether public or private, shall contain rights of way for installation and maintenance of utilities. The Homeowners Association shall be solely responsible for the maintenance, repair, and upkeep of said public utility easements, unless otherwise agreed to and with the public utility companies. The BOCC shall not be obligated for the maintenance, repair and upkeep of utility easements within Oak Meadows Ranch, Filing No. 4, Phase III. Public utility easements shall be dedicated by the Owner and accepted by the BOCC, on behalf of the public, on the Final Plat. In the event of a utility company, whether publicly or privately owned, requires separate conveyance by a right of way deed or otherwise, Owner shall convey utility easements by separate documents. 7. Indemnity. The Owner shall indemnify and hold the BOCC harmless and defend the BOCC from all claims which may arise as a result of the Owner’s installation of the Improvements required pursuant to this Agreement. The Owner, however, does not indemnify the BOCC for claims made asserting that the standards imposed by the BOCC for claims made asserting that the standards imposed by the BOCC are improper or the cause of the injury asserted, or for claims which may arise form the negligent acts or omissions of the BOCC or its employees. The BOCC shall be required to notify the Owner of the BOCC’s receipt of a notice of claim or a notice of intent to sue, and the BOCC shall afford the Owner the option of defending any such claim or action. Failure to notify and provide such written option to the Owner shall extinguish the BOCC’s rights under this paragraph. Nothing in this paragraph shall be construed to constitute a waiver of the sovereign immunity granted to the BOCC by Colorado statutes and case law. 8. Road Impact Fee. Pursuant to the Garfield County subdivision regulations, a Road Impact Fee of $________ has been established for the residential units within Oak Meadows Ranch, Filing No. 4, Phase III. Owner shall pay fifty percent (50%), i.e., $________ of the Road Impact Fee to the Garfield County Treasurer at or prior to the time of recording of the Final Plat. The remaining fifty percent (50%), i.e., $_________, will be collected pro rata from lot owners each time a building permit issues for a residence within Oak Meadows Ranch, Filing No. 4, Phase III. 9. Dedication of School Land. Owner’s predecessor in interest, Redstone Corporation, conveyed a tract of land consisting of a portion of Oak Meadows Ranch, Filing No. 4, for the use and benefit of Roaring Fork School District RE-1 by deed recorded as Reception No. 310295, Book 561, Pages 987 and 988 in the records of the Clerk and Recorder of Garfield County, 5 54284344.1 Colorado, which conveyance was in full satisfaction of any school land dedication requirements with respect to Final Plat Approval. 10. Sale of Lots. No lots, tracts or parcels within Oak Meadows Ranch, Filing No. 4, Phase III may be separately conveyed prior to recording of the Final Plat in the records of the Clerk and Recorder of Garfield County, Colorado. 11. Building Permits and Certificates of Occupancy. As one remedy for breach of this Agreement, the BOCC may withhold issuance of building permits for any residence or other habitable structure requiring a permit, to be constructed within Oak Meadows Ranch, Filing No. 4, Phase III. Once constructed, no certificates of occupancy shall issue for residences with Oak Meadows Ranch, Filing No. 4, Phase III until all Improvements have been completed as required by this Agreement. 12. Enforcement. In addition to any rights which may be provide by Colorado statutes, the withholding of building permits and certificate of occupancies provided for under Paragraph 11 above, it is mutually agreed by the BOCC and the Owner that the BOCC, without making an election of remedies, or any purchaser of any lot within Oak Meadows Ranch, Filing No. 4, Phase III shall have the authority to bring an action in the Garfield County District Court to compel enforcement of this Agreement. Nothing in this Agreement, however, shall be interpreted to require the BOCC to bring an action for enforcement or to withhold permits or certificates or to withdraw and use security. Nor shall this paragraph or any other provision of this Agreement be interpreted to permit the purchaser of a lot to file an action against the BOCC. 13. Consent to Vacate Plat. In the event the Owner fails to comply with the terms of this Agreement, the BOCC shall have the ability to vacate the Final Plat as it pertains to any lots for which building permits have not been issued. As to lots for which building permits have been issued, the Final Plat shall not be vacated and shall remain valid. In such event, the Owner shall provide the BOCC a survey, legal description and a plat showing the location of any portion of Final Plat so vacated and shall record the plat in the Office of the Garfield County Clerk and Recorder. If such plat is not recorded by the Owner, the BOCC may vacate the Final Plat, or portion thereof, by Resolution. 14. Notice by Recordation. This Agreement shall be recorded in the Office of the Garfield County Clerk and Recorder, and shall be a covenant running with title to all lots, tracts, and parcels within Oak Meadows Ranch, Filing No. 4, Phase III, Such recording shall constitute notice to prospective purchasers or other interested parties as to the terms and provisions thereof. 15. Benefit and Burdens to Run. The obligations and rights contained herein shall be binding upon and inure to the benefit of the Owner, its successors and assigns. 16. Notices. All notices required or permitted by this Agreement shall be in writing and shall be deemed effective when received by the recipient party via personal or messenger delivery, facsimile transmission, United States certified mail (postage prepaid, return receipt requested), of by delivery service, in all cases addressed to the person for whom it is intended at 6 54284344.1 the address(es) and facsimile numbers(s) set forth below or to such other address as a party shall designate by notice in writing to the other party(ies) in the manner provided by this paragraph: Owner: Oak Meadows, Filing 4, Phase 3 LLC c/o Gary M. Johnson 320 Big Pinon Drive Basalt, Colorado 81621 BOCC: Board of County Commissioners of Garfield County, Colorado c/o Mark Bean, Planning Director 108 Eighth Street, Room 201 Glenwood Springs, Colorado 81601 Phone: (970) 945-8212 Fax: (970) 384-3470 17. Amendment. This Agreement may be amended or modified from time to time, but only in writing signed by the parties hereto. 18. Venue and Jurisdiction. Venue and jurisdiction for any cause arising out of, or relate to, this Agreement shall lie with the District Court of Garfield County, Colorado, and this Agreement shall be construed according to the laws of the State of Colorado. IN WITNESS WHEREOF, the parties have signed this Agreement to be effective upon the date of Final Plat Approval. BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO ATTEST: By: ___________________________________ ________________________ Chairman Clerk to the Board ___________________________________ Date 7 54284344.1 OWNER: OAK MEADOWS, FILING 4, PHASE 3 LLC, a Colorado limited liability company By: _______________________________ Gary M. Johnson, Managing Member STATE OF ____________ ) ) ss. COUNTY OF __________ ) The foregoing instrument was acknowledged before me this ____ day of _________, 2022, by Gary M. Johnson as Managing Member of Oak Meadows, Filing 4, Phase 3 LLC, a Colorado limited liability company. Witness my hand and official seal. My commission expires:___________________. ___________________________________ Notary Public 8 54284344.1 Exhibit A (Legal Description of Property) A parcel of land located in Section 15, Township 7 South, Range 89 West of the Sixth Principal Meridian being more particularly described as follows: Beginning at a point on the boundary of Oak Meadows Ranch Filing No. 4 recorded at Reception No. 276561 in Garfield County Clerk and Recorders Office; whence the Southwest corner of Section 15 bears South 02°59'12" West a distance of 2295.61 feet; whence the South quarter corner of said Section bears South 89°44'38" East a distance of 2624.04 feet; said bearing being the basis of bearing; thence along the boundary of said Oak Meadows Ranch Filing No. 4 the following 2 courses: 1) North 00°41'27" East a distance of 1325.86 feet; 2) South 89°18'33" East a distance of 1118.99 feet; to a point on the boundary of the Roaring Fork School District RE-1 Parcel as described in the Special Warranty Deed recorded in Book 1575 at Page 274; thence along said school parcel boundary the following three courses: 1) South 00°01'02" West a distance of 438.63 feet; 2) South 89°17'31" East a distance of 453.93 feet; 3) Along the arc of a non tangent curve to the right 178.00 feet, having a radius of 376.96 feet, a central angle of 27°03'19", and the chord bears North 41°07'01" East a distance of 176.35 feet; To a point on the Westerly right of way of Oak Way North as described on the plat of Oak Meadows Ranch Filing No. 4 recorded under Reception No. 276561 in the Garfield County Clerk and Recorders Office; thence along said right of way the following three courses: 1) Along the arc of a non tangent curve to the left 446.02 feet, having a radius of 276.96 feet, a central angle of 92°16'13", and the chord bears South 08°21'19" West a distance of 399.36 feet; 2) Along the arc of a tangent curve to the right 137.23 feet, having a radius of 445.13 feet, a central angle of 17°39'49", and the chord bears South 28°56'53" East a distance of 136.69 feet; 3) South 20°07'02" East a distance of 484.06 feet; to a point on the Northerly boundary of Oak Meadows Ranch Filing No. 4B, Phase II recorded under Reception No. 677734; thence along said Northerly boundary the following seventeen courses: 1) Along the arc of a non tangent curve to the right 20.41 feet, having a radius of 50.00 feet, a central angle of 23°23'04", and the chord bears North 60°24'39" West a distance of 20.27 feet; 2) Along the arc of a tangent curve to the left 81.65 feet, having a radius of 100.00 feet, a central angle of 46°46'46", and the chord bears North 72°06'30" West a distance of 79.40 feet, to a point; 3) Along the arc of a tangent curve to the right 27.55 feet, having a radius of 20.00 feet, a central angle of 78°55'19", and the chord bears North 56°02'13" West a distance of 25.42 feet 4) North 16°34'34" West a distance of 5.50 feet; 5) South 73°25'26" West a distance of 50.00 feet; 9 54284344.1 6) South 16°34'34" East a distance of 33.16 feet; 7) Along the arc of a non tangent curve to the right 81.87 feet; having a radius of 135.00 feet, a central angle of 34°44'46", and the chord bears North 86°57'37" West a distance of 80.62 feet; 8) North 69°35'14" West a distance of 41.85 feet; 9) Along the arc of a tangent curve to the right 66.14 feet having a radius of 285.00 feet, a central angle of 13°17'47", and the chord bears North 62°56'21" West a distance of 65.99 feet; 10) North 56°17'27" West a distance of 3.93 feet; 11) Along the arc of a tangent curve to the left 69.43 feet, having a radius of 165.00 feet, a central angle of 24°06'39", and the chord bears North 68°20'46" West a distance of 68.92 feet; 12) North 80°24'06" West a distance of 17.51 feet; 13) Along the arc of a tangent curve to the left 81.37 feet, having a radius of 315.00 feet, a central angle of 14°48'02", and the chord bears North 87°48'07" West a distance of 81.14 feet; 14) South 84°47'52" West a distance of 107.77 feet; 15) Along the arc of a tangent curve to the left 61.29 feet, having a radius of 465.00 feet, a central angle of 07°33'08", and the chord bears South 81°01'18" West a distance of 61.25 feet; 16) South 77°14'45" West a distance of 62.22 feet; 17) South 00°41'27" West a distance of 102.82 feet; To a point on the boundary of said Oak Meadows Ranch Filing No. 4 recorded under Reception No. 276561 in the Garfield County Clerk and Recorders Office; thence along the boundary of said Oak Meadows Ranch Filing No. 4 North 89°18'33" West a distance of 1151.12 feet to the True Point of Beginning. 10 54284344.1 Exhibit B (Copies of Plans and Specifications) Oak Meadows Ranch P.U.D. – Filing 4 – Phase 2, Garfield County, Colorado Traffic Analysis ‐ LUDC Section 4‐203(L)(2) August 15, 2021 Page 1 of 10 August 15, 2021 Glenn Hartmann, Principal Planner Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Re: Oak Meadows Ranch, Filing 4, Phase 3 – Application for Preliminary Plan Minor Modification – Traffic Analysis [LUDC Section 4-203(L)(2)] Dear Glenn: On behalf of Gary Johnson, Gamba & Associates, Inc. (Gamba) has prepared this Traffic Analysis in accordance with Section 4-203(L)(2) of the County’s Land Use and Development Code (LUDC). Section 4-203(L)(2) of the County’s LUDC reads as follows: L. Traffic Study 2. Basic Traffic Analysis. The Basic Traffic Analysis shall include the following information: a. A Map or maps depicting the parcel or activity area and showing the following information: (1) Existing and proposed internal roads, adjoining roads, access points, and access points for the finished development; (2) All County roads within a 1‐mile radius of the development; (3) The nearest proximate intersections with State or Federal highways likely to receive traffic impacts from the development; and (4) Activity areas for construction activity. b. A narrative description of existing land uses on the parcel, including the following information; (1) Current Trip Generation estimates at existing access points; (2) County driveway permits for the access points and status; (3) Permit requirements for access to a State highway, railroad crossings, and status; (4) All access easements and information regarding the legal status of these easements; and (5) Other appropriate current traffic information and legal constraints that may apply. Oak Meadows Ranch P.U.D. – Filing 4 – Phase 2, Garfield County, Colorado Traffic Analysis ‐ LUDC Section 4‐203(L)(2) August 15, 2021 Page 2 of 10 c. A narrative description of proposed land uses and Trip Generation projections for each use, based on current Trip Generation manuals or other credible and defensible analysis. Trip Generation projections shall be required for both the construction phase(s) and for the completed development, with a breakdown of traffic into categories of heavy trucks and other vehicle types for existing, temporary, or proposed new access points. d. A narrative description of the construction phase(s) of the development, including the following: (1) Staging and storage areas; (2) Temporary access points; (3) Duration, Types, and frequency of heavy truck traffic; (4) Access road segments to be impacted; (5) Projected lane closures or traffic interruption, and a statement of mitigation measures that will be applied to minimize disruption and damage; and (6) All County or State permits that will be required. e. Map depicting existing Average Daily Traffic count information for all County road segments and State or Federal highway intersections, at the appropriate map scale. The map shall also include the following information: (1) The likely increase in Average Daily Traffic of trucks for construction activity and Average Daily Traffic for the completed development; and (2) Where a development has 2 or more access points, the anticipated trip distribution and assignment for each access point, supported by a narrative describing rationale for the projected allocation of trips by access points and road segment. Following are our responses to each of the criteria in Section 4-203(L)(2) of the County’s Land Use Development Code: 2. a. (1) A map or maps depicting the parcel or activity area and showing the existing and proposed internal roads, adjoining roads, access points, and access points for the finished development; The proposed development road, Silver King Loop, will connect County Road 168A (OakWay North), at a point 0.15 miles from the intersection at County Road 117 (Four Mile Rd), and will also connect at the intersection of Overland View Dr and Silver King Court within the existing Oak Meadows Ranch development. All of these roads are depicted on the 1000-Scale Vicinity Road Map which is attached to this report. Oak Meadows Ranch P.U.D. – Filing 4 – Phase 2, Garfield County, Colorado Traffic Analysis ‐ LUDC Section 4‐203(L)(2) August 15, 2021 Page 3 of 10 2. a. (2) A map or maps depicting the parcel or activity area and showing all County roads within a 1‐mile radius of the development; County Roads 117 (Four Mile Road), 168 (Sun King Dr.), 168A (Oak Way) and 125 (Dry Park Road) are all within a 1-mile radius of the proposed development. All of these roads are depicted on the 2000-Scale Vicinity Road Map which is attached to this report. 2. a. (3) A map or maps depicting the nearest proximate intersections with State or Federal highways likely to receive traffic impacts from the development; The nearest intersection with a State Highway is at 27th Street and Highway 82 in the City of Glenwood Springs, 6.1 miles from the proposed development. The relationship between the development and this intersection is depicted on the 4000-Scale Vicinity Road Map which is attached to this report. 2. a. (4) A map or maps depicting activity areas for construction activity. Construction activity areas are bounded in red on the Landscaping/Revegetation Plan map (Sheet L1) included with this development application, and a reduced copy of which is attached to this report. 2. b. A narrative description of existing land uses on the parcel, The existing land uses on the parcel presently consist of vacant private property. 2. b. (1) Current Trip Generation estimates at existing access points, Since the proposed development parcel is currently undeveloped, the current Trip Generation from the parcel onto Oak Way North is zero vehicle trips per day. According to the Garfield County traffic counts from 2019 the traffic counts on Oak Way North at the bridge over Four Mile Creek, which is immediately adjacent to the intersection with Four Mile Road, is 501 vehicle trips per day (VPD). The second access from Four Mile Road into Oak Meadows Ranch is Sun King Drive, approximately 0.66 miles south along Four Mile Rd, which serves the southern end of Oak Meadows Ranch. The 2019 traffic count on Sun King Drive at its intersection with Four Mile Road is 308 VPD. 2. b. (2) County driveway permits for the access points and status; A county driveway permit for the intersection of Silver King Loop with Oak Way North will be submitted with the Final Plan development application to Garfield County. 2. b. (3) Permit requirements for access to a State highway, railroad crossings, and status; According to the applicable state and RFTA regulations, neither a State highway Access Permit nor a railroad crossing permit will be required for this development. Oak Meadows Ranch P.U.D. – Filing 4 – Phase 2, Garfield County, Colorado Traffic Analysis ‐ LUDC Section 4‐203(L)(2) August 15, 2021 Page 4 of 10 2. b. (4) All access easements and information regarding the legal status of these easements; This development will not require any access easements in order to access the property from public or private rights-of-way. 2. b. (5) Other appropriate current traffic information and legal constraints that may apply. To the best of our knowledge there is no other traffic information or legal constraint that may apply to this development. 2. c . A narrative description of proposed land uses and Trip Generation projections for each use, based on current Trip Generation manuals or other credible and defensible analysis. Trip Generation projections shall be required for both the construction phase(s) and for the completed development, with a breakdown of traffic into categories of heavy trucks and other vehicle types for existing, temporary, or proposed new access points. Proposed Land Uses: The proposed Phase 3 development of Oak Meadows Ranch will introduce 25 lots for single family residences and 3 additional affordable housing residences, to be constructed as accessory dwelling units within three of the proposed single family lots. All residences are proposed to be constructed along the proposed new roadway, Silver King Loop. The proposed development is similar to the existing adjacent land uses in Oak Meadows Ranch. Trip Generation Calculations for the Completed Development: According to the Institute of Transportation Engineer’s (ITE) Trip Generation Manual, 8th Edition, the Average daily trip (ADT) rate is 9.57 VPD for a Single-Family Detached Home dwelling unit, and 6.56 VPD for an affordable housing dwelling unit (approximated as an apartment in the ITE Trip Generation Manual). Based on these estimated trip generation rates, the proposed development will yield (25 units X 9.57 VPD) + (3 units X 6.56 VPD) = 259 additional vehicle trips per day. The ITE manual also provides the average trip generation rates for the morning and evening peak hour volumes. For a single family home, the average PM peak hour generation rate is 1.01 vehicle trips per hour (VPH) per dwelling unit. This calculates to a peak hour traffic volume generated by the completed project to be 25.3 VPH for the PM peak hour. The average AM peak hour generation rate for a single family home is 0.75 vehicle trips per hour (VPH) per dwelling unit. This calculates to a total peak hour traffic volume generated by the completed project to be 18.8 VPH for the PM peak hour. The PM peak hour generation rate for the three ADUs is 0.67 VPH and the AM peak hour generation rate is 0.51 VPH, resulting in a PM peak hour volume from the ADUs of 2.0 VPH and an AM peak hour volume of 1.5 VPH. The total peak hour volumes for the entire completed development is 27 VPH for the PM Peak Hour and 21 VPH for the AM Peak Hour. The following table provides a summary of the ITE calculations: Oak Meadows Ranch P.U.D. – Filing 4 – Phase 2, Garfield County, Colorado Traffic Analysis ‐ LUDC Section 4‐203(L)(2) August 15, 2021 Page 5 of 10 Trip Generation Calculations Based on ITE Rates Description / ITE Code No. of Units Daily Trip Rate Daily Trips (ITE) PM Peak Rate PM Peak Trips AM Peak Rate AM Peak Trips Single Family Residence / 210 25 9.57 239 1.01 25 0.75 19 Residential Apartment / 220 3 6.65 20 0.67 2 0.51 2 TOTAL 259 27 21 However, as noted above, Garfield County collected actual traffic counts from Oak Way North and Sun King Drive in 2019. 100% of the vehicle trips generated from existing residences within the Oak Meadows Ranch development must access one of these intersections with Four Mile Road. Therefore, the sum of the 2019 Garfield County traffic counts from these two roads represent the total vehicle trips generated by the entire Oak Meadows Ranch development in 2019. According to the 2019 Garfield County traffic counts, and as previously noted, there were 501 vehicle trips per day counted on Oak Way North and 308 vehicle trips per day counted on Sun King Drive. Therefore, the total vehicle trips generated by the entire Oak Meadows Ranch development in 2019 can be calculated to be 809 VPD. Based on Garfield County aerial mapping it appears that there were a total of 173 dwelling units within the Oak Meadows Ranch development in 2019. This results in an empirically measured average trip generation rate of 4.68 VPD per dwelling unit (809 VPD / 173 dwelling units = 4.68 VPD per dwelling unit). It is reasonable to assume that the proposed new residences will generate vehicle trips per dwelling unit at rates similar to the existing residences. Thus, the proposed development when completed will yield (28 units X 4.68 VPD) = 131 additional Vehicle Trips per day entering Oak Meadows Ranch via the Oak Way North and Sun King Drive access points on Four-Mile Road. The following table provides a summary of the trip generation rates based on the 2019 Garfield County traffic counts: Trip Generation Calculations Based on 2019 Garfield County Measured Rates Description No. of Units Daily Trip Generation Rate (Garco 2019) Daily Trips (Garco 2019) Single Family Residence 25 4.68 117 Oak Meadows Ranch P.U.D. – Filing 4 – Phase 2, Garfield County, Colorado Traffic Analysis ‐ LUDC Section 4‐203(L)(2) August 15, 2021 Page 6 of 10 Description No. of Units Daily Trip Generation Rate (Garco 2019) Daily Trips (Garco 2019) Residential Apartment 3 4.68 14 TOTAL 131 Distribution of Traffic onto Four Mile Road: Since the Oak Meadows Ranch PUD has two separate accesses, it is also necessary to determine the distribution of traffic using each access. Due to the location of the proposed development in relationship to the two access points, and the assumption that the significant majority of the average daily traffic will be driving to and from the City of Glenwood Springs, we can assume that approximately 95% of the generated traffic will access Four Mile Road from Oak Way North and approximately 5% will use Sun King Drive. Under this distribution the following table shows the estimated vehicle trips per day accessing Four Mile Road from each point of access upon the completion of the development. Road Name 2019 Average Daily Traffic (ADT) Prospective ADT (ITE Trip Generation Manual) Prospective ADT (Measured 2019 Garfield County rates) Oak Way at Four-Mile Rd. 501 747 625 Sun King Dr. at Four-Mile Rd. 308 321 315 TOTAL 809 1,068 940 Distribution of Traffic from Silver King Loop: As noted above, the proposed road for the development, Silver King Loop, has two access points with the existing roads in the Oak Meadows Ranch development. The southern end of the road accesses the intersection of Silver King Court and Overland View Drive. The northern end of the development road accesses Oak Way North. We believe the distribution of traffic generated by the development will be based on the shortest driving distance from each developed lot to either of the Oak Meadows intersections with Four Mile Road depending on the desired destination of the vehicle’s driver. Based on this we have determined that of the proposed 28 total dwellings, 21 dwellings (or 75%) will access the northern end of Silver King Loop onto Oak Way North, and the remaining 7 dwellings (or 25%) will access the southern end of Silver King Loop onto Overland View Dr. Applying this ratio to the traffic generated by the completed project we estimate that the Oak Way North access point will experience an average daily traffic volume of 98 VPD, and the Overland View Dr. access point will experience an ADT of 33 VPD. Oak Meadows Ranch P.U.D. – Filing 4 – Phase 2, Garfield County, Colorado Traffic Analysis ‐ LUDC Section 4‐203(L)(2) August 15, 2021 Page 7 of 10 Road Name Dwellings Accessed Expected VPD Silver King Loop at Oak Way North 21 98 Silver King Loop at Overland View Dr. 7 33 Construction Traffic: This trip generation calculation for construction traffic is based on several factors. The number of passenger vehicles and light trucks is typically based on the anticipated number of construction personnel. The trip generation from construction personnel can be estimated according to the Light Industrial employee rate in the ITE Trip Generation Manual. The ADT rate for passenger vehicles in Light Industrial areas is 3.02 VPD per employee with an AM and PM hour peak rates of 0.44 and 0.42 VPH per employee. Heavy truck traffic will consist of dump trucks, material delivery trucks, and flatbed/equipment trucks at different stages of the development infrastructure construction process. All heavy equipment will be stored on site when used for multiple days and is not expected to travel to and from the site on a daily basis. The heavy equipment truck traffic is extremely variable throughout the development infrastructure construction process. There will be many days where there will be zero heavy truck traffic trips and the total construction traffic will only consist of the passenger vehicles and light pickup trucks associated with the construction personnel. However, there will also be a limited number of days with a high volume of heavy truck traffic. For example, we would anticipate that the highest volume of heavy truck traffic would occur during the construction of the Silver King Loop roadway, specifically when the road base aggregate material is being hauled in and placed. A conservatively high estimate is that the road construction contractor can place up to 1000 tons of road base aggregate per day. For this purpose, the worst case scenario is if all of the aggregate were to be hauled by tandem axle dump trucks which can carry approximately 13 tons of gravel (as opposed to larger end-dumps or belly-dump trucks which can carry approximately 24 tons of gravel). Under this scenario there would be approximately 77 loads of gravel hauled in one day (1000 tons/day ÷ 13 tons/truck = 77 trucks). Since the dump trucks need to return to the gravel pit, that results in 2 vehicle trips per load of gravel, one incoming trip and one outgoing trip. However, it should be noted that the total amount of road base aggregate required for the construction of Silver King Loop is approximately 2,462 tons. Therefore, this level of truck traffic would only occur for a maximum of two days throughout the entire construction process. It should also be noted that we would not anticipate this level of heavy truck traffic to occur during both the AM Peak Traffic hour (which is typically from 6:30 AM to 7:30 AM), as well as the PM Peak Traffic Hour (which is typically from 5:00 PM to 6:00 PM). Depending on the contractor’s schedule, it is reasonably likely that the increased truck traffic would occur during either one or the other of the peak traffic hours, but it is unlikely that it would occur during both peak hours. Again, for the sake of evaluating the construction traffic from a very conservative perspective, our calculations provided below for increased truck traffic assume Oak Meadows Ranch P.U.D. – Filing 4 – Phase 2, Garfield County, Colorado Traffic Analysis ‐ LUDC Section 4‐203(L)(2) August 15, 2021 Page 8 of 10 that the increased truck traffic would occur over both the AM and the PM peak traffic hours, which as we’ve noted here, is reasonably unlikely. Following is a calculation for the maximum daily construction traffic, which as noted above is estimated to only occur for a maximum of two days during the construction process: Construction Traffic Vehicle Trip Generation Description Type No. ADT AM Peak Hour PM Peak Hour Construction Personnel Passenger Vehicle or Light Pickup 20 60 9 8 Material Delivery/ Equipment Truck Tandem Dump Truck 77 154 15 15 TOTAL 214 24 23 2. d. (1) A narrative description of the construction phase(s) of the development, including the Staging and storage areas; The phasing of construction for this project will proceed in the typical order for the construction of residential development infrastructure. Specifically, the construction will follow the following construction sequence:  Mobilization  Installation of Erosion Control Measures and BMPs  Clearing and Grubbing  Rough Grading, where applicable  Deep Utilities (Water, Sewer and Storm Drain)  Shallow Utilities (Gas, Electric and Telecommunications)  Final Grading  Road Construction  Site cleanup  Revegetation Equipment staging and storage areas for construction will be located in the area indicated on the Erosion Control Plan in red alongside Oak Way North. This will remain the staging and storage location for the duration of construction on this development. A reduced copy of the Erosion Control Plan is attached to this report. 2. d. (2) A narrative description of the temporary access points; Other than the two access points for Silver King Court and one access from Oak Way North for the construction of the storm water detention basin, no other temporary access points are anticipated to be constructed for the development of this project. Oak Meadows Ranch P.U.D. – Filing 4 – Phase 2, Garfield County, Colorado Traffic Analysis ‐ LUDC Section 4‐203(L)(2) August 15, 2021 Page 9 of 10 2. d. (3) A narrative description of the Duration, Types, and frequency of heavy truck traffic; See the above (Section 2. c.) for details regarding heavy truck traffic during the construction phases. 2. d. (4) A narrative description access road segments to be impacted; Both Overland View Drive and Oak Way North will be impacted by construction traffic and temporary closures during different stages of construction. During the trenching for the water and sewer installation crossing Oak Way North, and the patching of the asphalt surface for this trenching, Oak Way North will be closed at a point north of Beaver Court. During this closure detours will be routed through Sun King Drive to the south. Local access to the wastewater treatment plant and vehicle parking and storage lot will remain open via the intersection of Four-Mile and Oak Way North. The northern or westbound lane of Overland View Drive will be closed during the road construction activities occurring at the southernmost end of Silver King Court. During these limited closures, most traffic will be directed to access Silver King Court via Tennis Court Road. Access to the upper portion of Overland View Drive will be allowed via the single lane which would remain open throughout construction. 2. d. (5) A narrative description of projected lane closures or traffic interruption, and a statement of mitigation measures that will be applied to minimize disruption and damage; and See the above [Section 2. d. (4)] for details regarding projected lane closures and the mitigation measures to be implemented during these closures. 2. d. (6) A narrative description of all County or State permits that will be required. See the above [Sections 2. b. (2) and 2. b. (3)] for details regarding required county or state permits related to traffic. 2. e. (1) Map depicting existing Average Daily Traffic count information for all County road segments and State or Federal highway intersections, at the appropriate map scale. The map shall also include the following information: The likely increase in Average Daily Traffic of trucks for construction activity and Average Daily Traffic for the completed development; As previously noted the nearest State Highway to the proposed project is 6.1 miles from the project and is accessed via a series of County roads and City of Glenwood Springs streets. Therefore, our response to this section of the LUDC is limited to the County Roads which are immediately adjacent to the proposed project, specifically Oak Way North (C.R. 168A) and Sun King Drive (C.R. 168). In this regard, the existing average daily traffic, the anticipated increase in truck traffic during construction, and the anticipated average daily traffic for the completed development at relevant intersections is provided on the attached map titled “Average Daily Traffic Map”. Oak Meadows Ranch P.U.D. – Filing 4 – Phase 2, Garfield County, Colorado Traffic Analysis ‐ LUDC Section 4‐203(L)(2) August 15, 2021 Page 10 of 10 2. e. (2) Map depicting existing Average Daily Traffic count information for all County road segments and State or Federal highway intersections, at the appropriate map scale. The map shall also include the following information: Where a development has 2 or more access points, the anticipated trip distribution and assignment for each access point, supported by a narrative describing rationale for the projected allocation of trips by access points and road segment. The anticipated trip distribution for each access point along with a narrative describing the rationale for the project allocations of trips by access point is provided above in Section 2. c. above. The anticipated trip distributions for each access point are also depicted on the attached map titled “Average Daily Traffic Map”. If you have any questions or need additional information, please contact us. Sincerely, Gamba & Associates, Inc. __________________________________ Michael Gamba, P.E. & P.L.S. 28036 H:\03385\2020\Design\Traffic\OMR-F4-Phase 3 - Traffic Analysis - 20210927.docx