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1.00 General Application MaterialsCOLORADO EXTREME Temporary Outdoor Youth Hockey Rink Parcel ID #239336400267 2340 County Road 100 Garfield County, Colorado August 16, 2022 Updated August 31, 2022 Prepared By: RE:LAND, LLC Nicholas DiFrank, PLA Principal/Owner Email: nick@re-land.com Phone: 303.829.8362 Prepared For: Blue Mind, LLC c/o Sheldon Wolitski, Owner 5190 Upper Cattle Creek Road Carbondale, CO 81623 2 2340 County Road 100 - Colorado Extreme TABLE OF CONTENTS PROJECT TEAM APPLICATION FORM .............................................................................3 PRE-APPLICATION CONFERENCE SUMMARY .............................5 GENERAL APPLICATION MATERIALS ...........................................11 Statement of Authority 12 Authorized Representative 13 Waiver Requests 14 Ownership Information (4-203.B.2) 15 Adjacent Property Owners + Mineral Rights (4-203.B.3) 25 Payment Agreement Form (4-203.B.4) 28 Project Description (4-203.B.5) 29 SPECIFIC APPLICATION MATERIALS .............................................31 Vicinity Map (4-203.C) 32 Site Plan (4-203.D) 33 Grading + Drainage Plan (4-203.E) 33 Landscaping Plan (4-203.F) 33 Impact Analysis (4-203.G) 33 Rezoning Justification Report (4-203.H) 39 Statement of Appeal (4-203.I) 39 Development Agreement (4-203.J) 39 Improvements Agreement (4-203.K) 39 Engineering Report 40 Traffic Study, basic (4-203.L) 45 Water Supply and Distribution Plan (4-203.M) 74 Wastewater Management and System Plan (4-203.N) 105 Floodplain Analysis (4-203.O) 106 ARTICLE 7: STANDARDS ................................................................107 DIVISION 1. GENERAL APPROVAL STANDARDS 108 DIVISION 2. GENERAL RESOURCE PROTECTION STANDARDS 113 DIVISION 3. SITE PLANNING AND DEVELOPMENT STANDARDS 117 SUPPLEMENTAL INFORMATION .................................................123 APPLICATION EXHIBITS ..................................................................137 Exhibit A: C1.0 Overall Site Plan Exhibit B: C1.1 Site Plan Exhibit C: C1.2 Grading + Drainage Plan Exhibit D: C2.0 Utility Plan Exhibit E: C3.0 Driveway Plan + Profile Exhibit F: C4.0 Vehicle Turning Simulation Exhibit G: Site Improvement Survey Owner: Blue Mind, LLC Sheldon Wolistski, Manager Simon Bentley, Project Manager Email: sheldon@selectgroup.com simon@coloradoextreme.org Phone: 970.309.9151 Land Planning + Site Design: RE:LAND, LLC Nicholas DiFrank, PLA Principal/Owner 652 Melissa Ln Carbondale, CO 81623 Email: nick@re-land.com Phone: 303.829.8362 Civil Engineering: JVA Consulting Engineers J.R. Spung Senior Project Manager 817 Colorado Avenue, Suite 301 Glenwood Springs, CO 81601 Email: jspung@jvajva.com Phone: 970.404.3085 Traffic Engineering: Fox Tuttle Transportation Group Cassie Slade, P.E., PTOE Principal/Owner 1624 Market Street, Suite 202 Denver, CO 80202 Email: cassie.slade@foxtuttle.com Phone: 303.652.3571 Water Engineering: LRE Water Eric Mangeot, P.E. Senior Project Manager 909 Colorado Avenue Glenwood Springs, CO 81601 Email: eric.mangeot@lrewater.com Phone: 970.945.6777 2393 364 00 267 Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970)945-8212 www.garfield-county.com LAND USE CHANGE PERMIT APPLICATION FORM TYPE OF APPLICATION Administrative Review Development in 100-Year Floodplain Limited Impact Review Development in 100-Year Floodplain Variance Major Impact Review Code Text Amendment Amendments to an Approved LUCP LIR MIR SUP Rezoning Zone District PUD PUD Amendment Minor Temporary Housing Facility Administrative Interpretation Vacation of a County Road/Public ROW Appeal of Administrative Interpretation Location and Extent Review Areas and Activities of State Interest Comprehensive Plan Amendment Accommodation Pursuant to Fair Housing Act Pipeline Development Variance Time Extension (also check type of original application) INVOLVED PARTIES Owner/Applicant Name: ________________________________________________ Phone: (______)_________________ Mailing Address: ______________________________________________________________________ City: _______________________________________ State: _______ Zip Code: ____________________ E-mail:_______________________________________________________________________________ Representative (Authorization Required) Name: ________________________________________________ Phone: (______)_________________ Mailing Address: ______________________________________________________________________ City: _______________________________________ State: _______ Zip Code: ____________________ E-mail:_______________________________________________________________________________ PROJECT NAME AND LOCATION Project Name: _____________________________________________________________________________________ Assessor’s Parcel Number: ___ ___ ___ ___ - ___ ___ ___ - ___ ___ - ___ ___ ___ Physical/Street Address: ________________________________________________________________ Legal Description: ______________________________________________________________________ _____________________________________________________________________________________ Zone District: ___________________________________ Property Size (acres): __________________ Blue Mind, LLC c/o Sheldon Wolitski 919 349-2980 5190 Upper Cattle Creek Carbondale CO 81623 sheldon@selectgroup.com Nicholas DiFrank, PLA 303 829-8362 652 Melissa Ln Carbondale CO 81623 nick@re-land.com Colorado Extreme 2340 County Road 100 Section: 36 Township: 7 Range: 88 a parcel of land in Government Lots 17 and 21, a portion of Government Lot 14, Sec. 31,Twn 7, Rng 87, and in Government Tot 1, Sec. 1, Twn 8, Rng 88. 35.02 acres Rural 34.67 acres 2340 County Road 100 - Colorado Extreme 3 APPLICATION FORM PROJECT DESCRIPTION REQUEST FOR WAIVERS Submission Requirements The Applicant requesting a Waiver of Submission Requirements per Section 4-202. List: Section: ______________________________ Section: _________________________________ Section: ______________________________ Section: _________________________________ Waiver of Standards The Applicant is requesting a Waiver of Standards per Section 4-118. List: Section: ______________________________ Section: _________________________________ Section: ______________________________ Section: _________________________________ I have read the statements above and have provided the required attached information which is correct and accurate to the best of my knowledge. ______________________________________________________ __________________________ Signature of Property Owner or Authorized Representative, Title Date OFFICIAL USE ONLY File Number: __ __ __ __ - __ __ __ __ Fee Paid: $_____________________________ Existing Use: ____________________________________________________________________________________ Proposed Use (From Use Table 3-403): ____________________________________________________ Description of Project: __________________________________________________________________ 1.The Decision you are appealing. 2.The date the Decision was sent as specified in the notice (date mailed). 3.The nature of the decision and the specified ground for appeal. Please cite specific code sections and/or relevant documentation to support your request. 4.The appropriate appeal fee of $250.00. 5.Please note a completed Appeal Application and fees must be received within 30 calendar days of the date of the final written Administrative Interpretation. For Appeal of Administrative Interpretation please include: Parcel is currently vacant. A Land Use Change Permit for a Small Contractors Yard received BOCC approval on June 13, 2022. A temporary outdoor youth hockey rink (Recreation, Outdoor) A temporary youth hockey rink and associated site elements are proposed for the northwestern corner of the parcel. Landscape Plan (4-203.F)Waterwater Management and System Plan (4-203.N) Development Agreement (4-203.J)Improvement Agreement (4-203.K) Principal, RE:LAND 8.15.2022 4 2340 County Road 100 - Colorado Extreme 2340 County Road 100 - Colorado Extreme 5 PRE-APPLICATION CONFERENCE SUMMARY 6 2340 County Road 100 - Colorado Extreme 2340 County Road 100 - Colorado Extreme 7 8 2340 County Road 100 - Colorado Extreme 2340 County Road 100 - Colorado Extreme 9 10 2340 County Road 100 - Colorado Extreme 2340 County Road 100 - Colorado Extreme 11 GENERAL APPLICATION MATERIALS 12 2340 County Road 100 - Colorado Extreme Statement of Authority 2340 County Road 100 - Colorado Extreme 13 Authorized Representative 652 Melissa Ln, Carbondale, CO 81623 • RE-LAND.COM • 303.829.8362 landscape architecture urban design environmental planning To: Mr. Glenn Hartmann / Garfield County From: N. DiFrank / RE:LAND (nick@re-land.com) Date: 08.15.2022 Project: 2340 County Road 100 Owner: Blue Mind, LLC Parcel #: 2393-364-00-267 Subject: Land Use Application for Temporary Outdoor Recreation Facility – Waiver Requests Dear Glenn, Per our discussions, a list of requested waivers has been developed and organized for the proposed Temporary Youth Hockey Outdoor Facility for Parcel 2393-364-00-267. The waiver requests are based on the temporary nature/circumstances of this proposed use. At the time of a permanent facility proposal, all necessary permit/application sections will be completed, as deemed necessary by the County. Requested Waivers: 1. Landscape Plan (4-203.F) The proposed Youth Hockey Facility is intended to be a temporary outdoor recreation facility. Due to the temporary nature of this proposal, we are requesting a waiver from the required landscape plan. The previous property owner had taken great care over the past 15-years years to install vegetative buffers along the property boundaries and within the property core to mitigate visual, acoustic/noise, and dust concerns. Much of the previously installed vegetation is currently nearing maturity. 2. Development and Improvement Agreements (4-203.J, K) No vesting issues or public improvements are included as part of this application. 3. Wastewater Management and System Plan (4-203. N) As a condition of approval, we are requesting a waiver to allow a temporary restroom facility in-lieu of a permanent OWTS system. The proposed temporary restrooms will be heated for winter use and regularly cleaned/emptied by a third-party service provider. A permanent OWTS system will be developed as part of the future/permanent facility proposal. Thank you for your guidance on the application and associated waiver requests. I look forward to discussing this approach and any questions with you. Sincerely, Nicholas DiFrank, PLA Principal 652 Melissa Ln, Carbondale, CO 81623 • RE-LAND.COM • 303.829.8362 landscape architecture urban design environmental planning To: Mr. Glenn Hartmann / Garfield County From: N. DiFrank / RE:LAND (nick@re-land.com) Date: 08.15.2022 Project: 2340 County Road 100 Owner: Blue Mind, LLC Parcel #: 2393-364-00-267 Subject: Land Use Application for Temporary Outdoor Recreation Facility – Waiver Requests Dear Glenn, Per our discussions, a list of requested waivers has been developed and organized for the proposed Temporary Youth Hockey Outdoor Facility for Parcel 2393-364-00-267. The waiver requests are based on the temporary nature/circumstances of this proposed use. At the time of a permanent facility proposal, all necessary permit/application sections will be completed, as deemed necessary by the County. Requested Waivers: 1. Landscape Plan (4-203.F) The proposed Youth Hockey Facility is intended to be a temporary outdoor recreation facility. Due to the temporary nature of this proposal, we are requesting a waiver from the required landscape plan. The previous property owner had taken great care over the past 15-years years to install vegetative buffers along the property boundaries and within the property core to mitigate visual, acoustic/noise, and dust concerns. Much of the previously installed vegetation is currently nearing maturity. 2. Development and Improvement Agreements (4-203.J, K) No vesting issues or public improvements are included as part of this application. 3. Wastewater Management and System Plan (4-203. N) As a condition of approval, we are requesting a waiver to allow a temporary restroom facility in-lieu of a permanent OWTS system. The proposed temporary restrooms will be heated for winter use and regularly cleaned/emptied by a third-party service provider. A permanent OWTS system will be developed as part of the future/permanent facility proposal. Thank you for your guidance on the application and associated waiver requests. I look forward to discussing this approach and any questions with you. Sincerely, Nicholas DiFrank, PLA Principal 14 2340 County Road 100 - Colorado Extreme Waiver Requests LAND TITLE GUARANTEE COMPANY Date: August 09, 2022 Subject: Attached Title Policy BLUE MIND, LLC, A COLORADO LIMITED LIABILITY COMPANY for 2340 COUNTY ROAD 100, CARBONDALE, CO 81623 Enclosed please find the Owner's Title Insurance Policy for your purchase of the property listed above. This title policy is the final step in your real estate transaction, and we want to take a moment to remind you of its importance. Please review all information in this document carefully and be sure to safeguard this policy along with your other legal documents. Your owner's policy insures you as long as you own the property and requires no additional premium payments. Please feel free to contact any member of our staff if you have questions or concerns regarding your policy, or you may contact Commercial Title Dept. at (303) 850-4158 or finals@ltgc.com As a Colorado-owned and operated title company for over 50 years, with offices throughout the state, we take pride in serving our customers one transaction at a time. We sincerely appreciate your business and welcome the opportunity to assist you with any future real estate needs. Not only will Land Title be able to provide you with the title services quickly and p rofessionally, but you may also be entitled to a discount on title premiums if you sell or refinance the property described in the enclosed policy. Thank you for giving us the opportunity to work with you on this transaction. We look forward to serving you again in the future. Sincerely, Land Title Guarantee Company 2340 County Road 100 - Colorado Extreme 15 Ownership Information (4-203.B.2) OWNER'S POLICY OF TITLE INSURANCE ANY NOTICE OF CLAIM AND ANY OTHER NOTICE OR STATEMENT IN WRITING REQUIRED TO BE GIVEN TO THE COMPANY UNDER THIS POLICY MUST BE GIVEN TO THE COMPANY AT THE ADDRESS SHOWN IN SECTION 18 OF THE CONDITIONS. COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS,OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, a Minnesota corporation, (the "Company"), insures, as of Date of Policy and, to the extent stated in Covered Risks 9 and 10, after Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the Insured by reason of: 1. Title being vested other than as stated in Schedule A. 2. Any defect in or lien or encumbrance on the title; This covered Risk includes but is not limited to insurance against loss from a. A defect in the Title caused by b. The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid. c. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. The term "encroachment" includes encroachments of existing improvements located on the Land onto adjoining land, and encroachments onto the Land of existing improvements located on adjoining land. 3. Unmarketable Title. 4. No right of access to and from the Land. 5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce, but only to the extent of the violation or enforcement referred to in that notice. 6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement referred to in that notice. 7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public Records. 8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowled ge. 9. Title being vested other than as stated in Schedule A or being defective 10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created or attached or has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The Company will also pay the costs, attorneys' fees, and expenses incurred in defense of any matter insured against by this Policy, but only to the extent provided in the Conditions. Issued by: Land Title Guarantee Company 3033 East First Avenue Suite 600 Denver, Colorado 80206 303-321-1880 Craig B. Rants, Senior Vice President Copyright 2006-2022 American Land Title Association - All rights reserved. - The use of this form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. - All other uses are prohibited. - Reprinted under license from the American Land Title Association AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY Adopted 6-17-06 forgery, fraud, undue influence, duress, incompetency , incapacity, or impersonation;(i) failure of any person or Entity to have authorized a transfer or conveyance;(ii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized, or delivered;(iii) failure to perform those acts necessary to create a document by electronic means authorized by law;(iv) a document executed under a falsified, expired, or otherwise i nvalid power of attorney;(v) a document not properly filed, recorded, or indexed in the Public Records including failure to perform those acts by electronic means authorized by law; or (vi) a defective judicial or administrative proceeding.(vii) the occupancy, use or enjoyment of the Land;(a) the character, dimensions, or location of any improvement erected on the Land;(b) the subdivision of land; or(c) e nvironmental protection(d) as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a transfer of all or any part of the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws; or (a) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws by reason of the failure of its recording in the Public Records (b) to be timely, or(i) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor.(ii) 16 2340 County Road 100 - Colorado Extreme EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: CONDITIONS 1. DEFINITION OF TERMS The following terms when used in this policy mean: 2. CONTINUATION OF INSURANCE The coverage of this policy shall continue in force as of Date of Policy in favor of an Insured, but only so long as the Insured retains an estate or interest in the Land, or holds an obligation secured by a purchase money Mortgage given by a purchaser from the Insured, or only so long as the Insured shall have liability by reason of warranties in any transfer or conveyanc e of the Title. This policy shall not continue in force in favor of any purchaser from the Insured of either (i) an estate or interest in the Land, or (ii) an obligation secured by a purchase money Mortgage given to the Insured. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT The Insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in Section 5(a) of these Conditions, (ii) in case Knowledge shall come to an Insured hereunder of any claim of title or interest that is adverse to the Title, as insured, and that might cause loss or damage for which the Company may be (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting or relating to(1) the occupancy, use, or enjoyment of the Land;(i) the character, dimensions, or location of any improvement erected on the Land;(ii) the subdivision of land; or(iii) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. (iv) Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.(2) Defects, liens, encumbrances, adverse claims, or other matters(3) created, suffered, assumed, or agreed to by the Insured Claimant;(a) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (b) resulting in no loss or damage to the Insured Claimant;(c) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or(d) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title.(e) Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is (4) a fraudulent conveyance or fraudulent transfer; or(a) a preferential transfer for any reason not stated in Covered Risk 9 of this policy.(b) Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. (5) "Amount of Insurance": The amount stated in Schedule A, as may be increased or decreased by endorsement to this policy, increased by Section 8(b) or decreased by Sections 10 and 11 of these Conditions. (a) "Date of Policy": The date designated as "Date of Policy" in Schedule A.(b) "Entity": A corporation, partnership, trust, limited liability company, or other similar legal entity.(c) "Insured": The Insured named in Schedule A.(d) The term "Insured" also includes(i) successors to the Title of the Insured by operation of law as distinguished from purchase, including heirs, devisees, survivors, personal representatives, or next of kin; (A) successors to an Insured by dissolution, merger, consolidation, distribution, or reorganization;(B) successors to an Insured by its conversion to another kind of Entity;(C) a grantee of an Insured under a deed delivered without payment of actual valuable consideration conveying the Title(D) if the stock, shares, memberships, or other equity interests of the grantee are wholly-owned by the named Insured.(1) if the grantee wholly owns the named Insured,(2) if the grantee is wholly-owned by an affiliated Entity of the named Insured, provided the affiliated Entity and the named Insured are both wholly- owned by the same person or Entity, or (3) if the grantee is a trustee or beneficiary of a trust created by a written instrument established by the Insured named in Schedule A for estate planning purposes (4) With regard to (A), (B), (C), and (D) reserving, however, all rights and defensed as to any successor that the Company would have had against any predecessor Insured. (ii) "Insured Claimant": An Insured claiming loss or damage.(e) "Knowledge" or "Known": Actual knowledge, not constructive knowledge or notice that may be imputed to an Insured by reason of the Public Records or any other records that impart constructive notice of matters affecting the Title. (f) "Land": The land described in Schedule A, and affixed improvements that by law constitute real property. The term "Land" does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenue, alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is insured by this polic y. (g) "Mortgage": Mortgage, deed of trust, trust deed, or other security instrument, including one evidenced by electronic means authorized by law.(h) "Public Records": Records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. With respect to Covered Risk 5(d), "Public Records" shall also include environmental protection liens filed in the records of the clerk of the United States District Court for the district where the Land is located. (i) "Title": The estate or interest described in Schedule A. "Unmarketable Title": Title affected by an alleged or apparent matter that would permit a prospective purchaser or lessee of the Title or lender on the Title to be released from the obligation to purchase, lease, or lend if there is a contractual condition requiring the delivery of marketable title. (j) 2340 County Road 100 - Colorado Extreme 17 liable by virtue of this policy, or (iii) if the Title, as insured, is rejected as Unmarketable Title. If the Company is prejudiced by the failure of the Insured Claimant to provide prompt notice, the Company's liability to the Insured Claimant under the policy shall be reduced to the extent of the prejudice. 4. PROOF OF LOSS In the event the Company is unable to determine the amount of loss or damage, the Company may, at its option, require as a condition of payment that the Insured Claimant furnish a signed proof of loss. The proof of loss must describe the defect, lien, encumbrance, or other matter insured against by this policy that constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. 5. DEFENSE AND PROSECUTION OF ACTIONS (a) Upon written request by the Insured, and subject to the options contained in Section 7 of these Conditions, the Company, at its own cost and without unreasonable delay, shall provide for the defense of an Insured in litigation in which any third party asserts a claim covered by this policy adverse to the Insured. This obligation is limited to only those stated causes of action alleging matters insured against by this policy. The Company shall have the right to select counsel of its choice (subject to the right of the Insured to object for reasonable cause) to represent the Insured as to those stated causes of action. It shall not be liable for and will not pay the fees of any other counsel. The Company will not pay any fees, costs, or expenses incurred by the Insured in the defense of those causes of action that allege matters not insured against by this policy. (b) The Company shall have the right, in addition to the options contained in Section 7 of these Conditions, at its own cost, to institute and prosecute any action or proceeding or to do any other act that in its opinion may be necessary or desirable to establish the Title, as insured, or to prevent or reduce loss or damage to the Insured. The Company may take any appropriate action under the terms of this policy, whether or not it shall be liable to the Insured. The exercise of these rights shall not be an admission of liability or waiver of any provision of this policy. If the Company exercises its rights under this subsection, it must do so diligently. (c) Whenever the Company brings an action or asserts a defense as required or permitted by this policy, the Company may pursue the litigation to a final determination by a court of competent jurisdiction, and it expressly reserves the right, in its sole discretion, to appeal any adverse judgment or order. 6. DUTY OF INSURED CLAIMANT TO COOPERATE (a) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding and any appeals, the Insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, including the right to use, at its option, the name of the Insured for this purpose. Whenever req uested by the Company, the Insured, at the Company's expense, shall give the Company all reasonable aid (i) in securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (ii) in any other lawful act that in the opinion of the Company may be necessary or desirable to establish the Title or any other matter as insured. If the Company is prejudiced by the failure of the Insured to furnish the required cooperation, the Company's obligation to the Insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation. (b) The Company may reasonably require the Insured Claimant to submit to examination under oath by any authorized representative of the Company and to produce for examination, inspection, and copying, at such reasonable times and places as may be designated by the authorized representative of the Company, all records, in whatever medium maintained, including books, ledgers, checks, memoranda, correspondence, reports, e-mails, disks, tapes, and videos whether bearing a date before or after Date of Pol icy, that reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Insured Claimant shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect, and copy all of these records in the custody or control of a third party that reasonably pertain to the loss or damage. All information designated as confidential by the Insured Claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Insured Claimant to submit for examination under oath produce any reasonably requested information, or grant permission to secure reasonably necessary information f rom third parties as required in this subsection, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this policy as to that claim. 7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY In case of a claim under this policy, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Insurance. To pay or tender payment of the Amount of Insurance under this policy together with any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment or tender of payment and that the Company is obligated to pay. Upon the exercise by the Company of this option, all liability and obligations of the Company to the Insured under this policy, other than to make the payment required in the subsection, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation. (b) To Pay or Otherwise Settle With Parties Other Than the Insured or With the Insured Claimant. 8. DETERMINATION AND EXTENT OF LIABILITY This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the Insured Claimant who has suffered loss or damage by reason of matters insured against by this policy. (a) The extent of liability of the Company for loss or damage under this policy shall not exceed the lesser of To pay or otherwise settle with other parties for or in the name of an Insured Claimant any claim insured against under this policy. In addition, the Company will pay any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay; or (i) To pay or otherwise settle with the Insured Claimant the loss or damage provided for under this policy, together with any costs, attorneys' fees, and expensed incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in subsections (b)(i) or (ii), the Company's obligations to the Insured under this policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation. (ii) the Amount of Insurance; or(i) the difference between the value of the Title as insured and the value of the Title subject to the risk insured against by this policy.(ii) 18 2340 County Road 100 - Colorado Extreme (b) If the Company pursues its rights under Section 5 of these Conditions and is unsuccessful in establishing the Title, as insured, (c) In addition to the extent of liability under (a) and (b), the Company will also pay those costs, attorneys' fees, and expenses incurred in accordance with Sections 5 and 7 of these Conditions. 9. LIMITATION OF LIABILITY (a) If the Company establishes the Title, or removes the alleged defect, lien, or encumbrance, or cures the lack of a right of access to or from the Land, or cures the claim of Unmarketable Title, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused to the Insured. (b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals, adverse to the Title, as insured. (c) The Company shall not be liable for loss or damage to the Insured for liability voluntarily assumed by the Insured in settling any claim or suit without the prior written consent of the Company. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY All payments under this policy, except payments made for costs, attorneys' fees, and expenses, shall reduce the Amount of Insurance by the amount of the payment. 11. LIABILITY NONCUMULATIVE The Amount of Insurance shall be reduced by any amount the Company pays under any policy insuring a Mortgage to which exception is taken in Schedule B or to which the Insured has agreed, assumed, or taken subject, or which is executed by an Insured after Date of Policy and which is a charge or lien on the Title, and the amount so paid shall be deemed a payment to the Insure d under this policy. 12. PAYMENT OF LOSS When liability and the extent of loss or damage have been definitely fixed in accordance with these Conditions, the payment shall be made within 30 days. 13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT (a) Whenever the Company shall have settled and paid a claim under this policy, it shall be subrogated and entitled to the rights of the Insured Claimant in the Title and all other rights and remedies in respect to the claim that the Insured Claimant has against any person or property, to the extent of the amount of any loss, costs, attorneys' fees, and expenses paid by the Company. If requested by the Company, the Insured Claimant shall execute documents to evidence the transfer to the Company of these rights and remedies. The Insured Claimant shall permit the Company to sue, compromise, or settle in the name of the Insured Claimant and to use the name of the Insured Claimant in any transaction or litigation involving these rights and remedies. If a payment on account of a claim does not fully cover the loss of the Insured Claimant, the Company shall defer the exercise of its right to recover until after the Insured Claimant shall have recovered its loss. (b) The Company's right of subrogation includes the rights of the Insured to indemnities, guaranties, other policies of insurance, or bonds, notwithstanding any terms or conditions contain ed in those instruments that address subrogation rights. 14. ARBITRATION Either the Company or the Insured may demand that the claim or controversy shall be submitted to arbitration pursuant to the Title Insurance Arbitration Rules of the American Land Title Association ("Rules"). Except as provided in the Rules, there shall be no joinder or consolidation with claims or controversies of other persons, Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Insured arising out of or relating to this policy, any service in connection with its issuance or the breach of a policy provision, or to any other controversy or claim arising out of the transaction giving rise to this policy. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured. All arbitrable matters when the Amount of Insurance is in excess of $2,000,000 shall be arbitrated only when agreed to by both the Company and the Insured. Arbitration pursuant to this policy and under the Rules shall be binding upon the parties. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court of competent jurisdiction. 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT (a) This policy together with all endorsements, if any, attached to it by the Company is the entire policy and contract between the Insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a whole. (b) Any claim or loss or damage that arises out of the status of the Title or by any action asserting such claim shall be restricted to this policy. (c) Any amendment of or endorsement to this policy must be in writing and authenticated by an authorized person, or expressly incorporated by Schedule A of this policy. (d) Each endorsement to this policy issued at any time is made a part of this policy and is subject to all of its terms and provisions. Except as the endorsement expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsement, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. the Amount of Insurance shall be increased by 10%, and(i) the Insured Claimant shall have the right to have the loss or damage determined either as of the date the claim was made by the Insured Claimant or as of the date it is settled and paid. (ii) 2340 County Road 100 - Colorado Extreme 19 16. SEVERABILITY In the event any provision of this policy, in whole or in part, is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision or such part held to be invalid, but all other provisions shall remain in full force and effect. 17. CHOICE OF LAW; FORUM (a) Choice of Law; The Insured acknowledges the Company has underwritten the risks covered by this policy and determined the premium charged therefor in reliance upon the law affecting interests in real property and applicable to the interpretation, rights, remedies, or enforcement of policies of title insurance of the jurisdiction where the Land is located. Therefore, the cou rt or an arbitrator shall apply the law of the jurisdiction where the Land is located to determine the validity of claims against the Title that are adverse to the Insured and to interpret and enforce the terms of this policy. In neither case shall the court or arbitrator apply its conflicts of law principles to determine the applicable law. (b) Choice of Forum; Any litigation or other proceeding bro ught by the Insured against the Company must be filed only in a state or federal court within the United States of America or its territories having appropriate jurisdiction. 18. NOTICES, WHERE SENT Any notice of claim and any other notice or statement in writing required to be given to the Company under this policy must be given to the Company at: 400 Second Avenue South, Minneapolis, Minnesota 55401 (612)371-1111. ANTI-FRAUD STATEMENT: Pursuant to CRS 10-1-128(6)(a), it is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado division of insurance within the department of regulatory agencies. This anti-fraud statement is affixed to and made a part of this policy. 20 2340 County Road 100 - Colorado Extreme Order Number: ABS64005038 Policy No.: OX64005038.22525863 Amount of Insurance: $2,600,000.00 Property Address: 2340 COUNTY ROAD 100, CARBONDALE, CO 81623 1. Policy Date: August 01, 2022 at 2:10:18 P.M. 2. Name of Insured: BLUE MIND, LLC, A COLORADO LIMITED LIABILITY COMPANY 3. The estate or interest in the Land described in this Schedule and which is covered by this policy is: A FEE SIMPLE 4. Title to the estate or interest covered by this policy at the date is vested in: BLUE MIND, LLC, A COLORADO LIMITED LIABILITY COMPANY 5. The Land referred to in this Policy is described as follows: A PARCEL OF LAND SITUATED IN GOVERNMENT LOTS 17 AND 21, ​ SECTION 36, ​ TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN, ​ A PORTION OF GOVERNMENT LOT 14, ​ SECTION 31, ​ TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE SIXTH PRINCIPAL MERIDIAN,​ AND IN GOVERNMENT LOT 1, ​ SECTION 1, ​ TOWNSHIP 8 SOUTH, RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN, ​ BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:​ BEGINNING AT THE NORTHEAST CORNER OF SAID SECTION 1,​ ALSO BEING THE NORTHEAST CORNER OF SAID GOVERNMENT LOT 1,​ AND BEING THE SOUTHEAST CORNER OF SAID LOT 21;​ THENCE S. 49 DEGREES 35' 00" W. A DISTANCE OF 1440. 63 FEET;​ THENCE N. 11 DEGREES 15' 19" E. A DISTANCE OF 1518.13 FEET;​ THENCE N. 32 DEGREES 24' 47" W. A DISTANCE OF 144.17 FEET;​ THENCE N. 65 DEGREES 19' 05" W. A DISTANCE OF 101.49 FEET;​ THENCE N. 10 DEGREES 13' 55" W. A DISTANCE OF 210.22 FEET,​ TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE,​ OF THE DENVER AND RIO GRANDE WESTERN RAILROAD;​ THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY N. 81 DEGREES 22' 43" E,​ Old Republic National Title Insurance Company Schedule A 2340 County Road 100 - Colorado Extreme 21 A DISTANCE OF 1533.00 FEET TO A POINT ON THE EAST LINE OF SAID LOT 14;​ THENCE ALONG SAID EAST LINE S. 00 DEGREES 30' 00" E, ​ A DISTANCE OF 431.39 FEET, TO THE SOUTHEAST CORNER OF SAID LOT 14;​ THENCE ALONG THE SOUTH LINE OF SAID LOT 14 S. 89 DEGREES 10' 00" W,​ A DISTANCE OF 512.04 FEET TO THE SOUTHWEST CORNER OF SAID LOT 14,​ ALSO BEING THE NORTHEAST CORNER OF SAID LOT 21,​ AND A POINT ON THE EAST LINE OF SAID SECTION 36;​ THENCE S. 00 DEGREES 00' 33" W, ALONG SAID EAST LINE,​ A DISTANCE OF 716.86 FEET TO THE POINT OF BEGINNING,​ COUNTY OF GARFIELD, STATE OF COLORADO. Copyright 2006-2022 American Land Title Association. All Rights Reserved The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under lice nse from the American Land Title Association. Old Republic National Title Insurance Company Schedule A 22 2340 County Road 100 - Colorado Extreme This policy does not insure against loss or damage by reason of the following: 1. Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 2. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents o r in Acts authorizing the issuance thereof; (c) water rights, claims or title to water. ITEM NOS. 1 THROUGH 3 AND 5(A) AND (B) OF THE STANDARD EXCEPTIONS ARE HEREBY DELETED. ITEM NO. 4 OF THE STANDARD EXCEPTIONS IS DELETED AS TO ANY LIENS OR FUTURE LIENS RESULTING FROM WORK OR MATERIAL CONTRACTED FOR OR FURNISHED AT THE SPECIFIC, DIRECT REQUEST, AND WITH THE ACTUAL KNOWLEDGE OF NORDIC GARDENS LAND FUND, LLC, A COLORADO LIMITED LIABILITY COMPANY. OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY SHALL HAVE NO LIABILITY FOR ANY LIENS ARISING FROM WORK OR MATERIAL FURNISHED AT THE SPECIFIC, DIRECT REQUEST, AND WITH THE ACTUAL KNOWLEDGE OF BLUE MIND, LLC, A COLORADO LIMITED LIABILITY COMPANY. 6. TAXES AND ASSESSMENTS FOR THE YEAR 2022 AND SUBSEQUENT YEARS. 7. RIGHT OF THE PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM, SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES HEREBY GRANTED, AND A RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES, AS RESERVED IN UNITED STATES PATENT GIVEN TO ALUX CUAZ ON NOVEMBER 9, 1929. SAID INSTRUMENT STORED AS IMAGE 22761591. 8. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED APRIL 01, 1895, IN BOOK 12 AT PAGE 358. 9. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED APRIL 01, 1895, IN BOOK 12 AT PAGE 358. 10. DECREE RECORDED JUNE 5, 1937 IN BOOK 189 AT PAGE 156. 11. DECREE RECORDED JUNE 5, 1937 IN BOOK 189 AT PAGE 160. 12. RIGHT OF WAY EASEMENTS RECORDED MAY 4, 1970 IN BOOK 410 AT PAGE 34. 13. RIGHT OF WAY EASEMENTS RECORDED MAY 14, 1984 IN BOOK 649 AT PAGE 666. 14. TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT FOR EASEMENT RECORDED JUNE 06, 2002 IN BOOK 1361 AT PAGE 74. 15. HOLY CROSS ENERGY RIGHT-OF-WAY EASEMENT RECORDED OCTOBER 17, 2002 IN BOOK 1396 AT PAGE 504. Old Republic National Title Insurance Company (Schedule B) Order Number: ABS64005038 Policy No.: OX64005038.22525863 2340 County Road 100 - Colorado Extreme 23 16. UNDIVIDED ONE FOURTH INTEREST IN ALL OIL, GAS AND OTHER MINERALS TOGETHER WITH A RIGHT OF ENTRY AS RESERVED IN INSTRUMENT RECORDED NOVEMBER 24, 1988 IN BOOK 312 AT PAGE 390, ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN. 17. TERMS, CONDITIONS AND PROVISIONS OF EXCEPTION NO. 13 IN INSTRUMENT RECORDED MARCH 3, 2003 IN BOOK 1442 AT PAGE 342. 18. EASEMENTS AND RIGHTS OF WAY AS CONTAINED IN INSTRUMENT RECORDED MARCH 3, 2003 IN BOOK 1442 AT PAGE 363, AND RERECORDED JUNE 15, 2005 IN BOOK 1697 AT PAGE 531. 19. TERMS, CONDITIONS AND PROVISIONS OF RIGHT OF WAY EASEMENT RECORDED MAY 03, 2004 IN BOOK 1584 AT PAGE 383. 20. TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH AND GRANTED IN HOLY CROSS ENERGY RIGHT OF WAY EASEMENT RECORDED DECEMBER 30, 2015 UNDER RECEPTION NO. 871935. 21. TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN MEMORANDUM OF WATER ALLOTMENT CONTRACT RECORDED OCTOBER 01, 2021 UNDER RECEPTION NO. 964118. 22. TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN PRIVATE ROAD CROSSING LICENSE RECORDED NOVEMBER 12, 2021 UNDER RECEPTION NO. 966412. 23. MATTERS DISCLOSED ON IMPROVEMENT SURVEY PLAT PREPARED BY RODNEY P. KISER FOR AND BEHALF OF TRUE NORTH COLORADO, CERTIFIED MAY 07, 2021, REVISED JUNE 23, 2022, JOB NO. 2021-193 SAID DOCUMENT STORED AS OUR IMAGE 51222101 A: (INTENTIONALLY DELETED) B: FENCING IS NOT COINCIDENT WITH PROPERYT LINES. 24. TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS AS SET FORTH IN RESOLUTION NO. 2022-17 OF THE BOARD OF COUNTY COMMISSIONERS FOR GARFIELD COUNTY RECORDED JUNE 16, 2022 AS RECEPTION NO. 975901. 25. ANY AND ALL WATER RIGHTS CONVEYED BY BARGAIN AND SALE DEED AND ASSIGNMENT RECORDED AUGUST 1, 2022 UNDER RECEPTION NO. 977715. 26. TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN MEMORANDUM OF WATER ALLOTMENT CONTRACT RECORDED AUGUST 01, 2022 UNDER RECEPTION NO. 977716. Old Republic National Title Insurance Company (Schedule B) Order Number: ABS64005038 Policy No.: OX64005038.22525863 24 2340 County Road 100 - Colorado Extreme NORTH 0 ORIGINAL SCALE: 75 150 300 1"=300' MAP KEY: PROJECT/PROPERTY BOUNDARY ADJACENT PROPERTY BOUNDARY 200’ PROJECT/PROPERTY OFFSET 1 2 3 4 5 7 9 10 6 8 11 2340 County Road 100 - Colorado Extreme 25 Adjacent Property Owners + Mineral Rights (4-203.B.3) PARCELS #4 THRU #9 ARE ALL OWNED BY T2 CARBONDALE, LLC Adjacent Property Owners Map 26 2340 County Road 100 - Colorado Extreme Adjacent Property Owners List #1 Parcel: 239336321001 Owner: AVLT Coffman Ranch LLC Physical Address: 1837 County Road 100, Carbondale, CO 81623 Mailing Address: 320 Main Street, Suite 204, Carbondale, CO 81623 #2 Parcel: 239131321002 Owner: Coffman, Douglas A + Julia D Physical Address: not available Mailing Address: 77 Meadow Point, Carbondale, CO 81623 #3 Parcel: 239131300025 Owner: Smith, Eric Physical Address: 2575 County Road 100, Carbondale, CO 81623 Mailing Address: 2575 County Road 100, Carbondale, CO 81623 #4, Parcel: 239131300015 #5, Parcel: 239131302191 #6, Parcel: 246506202022 #7, Parcel: 246506202021 #8, Parcel: 246506202190 #9, Parcel: 246301100081 Owner: T2 Carbondale LLC Physical Address: not available Mailing Address: 4582 S. Ulster Street, Suite 1410, Denver, CO 80237 #10 Parcel: 239336400268 Owner: Hansen, HP + Gwendolyn Physical Address: not available Mailing Address: 100 Stagecoach Circle, Carbondale, CO 81623 #11 Parcel: 239336300016 Owner: Roaring Fork Transportation Authority Physical Address: Railroad R.O.W., Carbondale, CO 81623 Mailing Address: 1340 Main Street, Carbondale, CO 81623 Mineral Estate Owners The Albert Cerise Family Company c/o Leslie Cerise 1539 Highway 133 Carbondale, CO 81623 Lessees of Minerals of the Subject Property There are no current leases of the subject mineral rights CERTIFICATION OF MINERAL OWNER RESEARCH This form is to be completed and submitted with any application for a Land Use Change Permit. Mineral interests may be severed from surface right interests in real property. C.R.S. § 24-65.5-101, et seq, requires notification to mineral owners when a landowner applies for an application for development from a local government. As such, the landowner must research the current owners of mineral interests for the property. The Garfield County Land Use and Development Code of 2013 (“LUDC”) Section 4 -101(E)(1)(b)(4) requires written notice to owners of mineral interests in the subject property in accordance with C.R.S. § 24-65.5-101, et seq, “as such owners can be identified through the records in the office of the Clerk and Recorder or Assessor, or through other means.” This form is proof of applicant’s compliance with the Colorado Revised Statutes and the LUDC. The undersigned applicant certifies that mineral owners have been researched for the subject property as required pursuant to C.R.S. § 24-65.5-101, et seq, and Section 4-101 (E)(1)(b)(4) of the Garfield County Land Use and Development Code, as amended. As a result of that research, the undersigned applicant certifies the following (Please initial on the blank line next to the statement that accurately reflects the result of research): I own the entire mineral estate relative to the subject property; or Minerals are owned by the parties listed below The names and addresses of any and all mineral owners identified are provided below (attach additional pages as necessary): Name of Mineral Owner Mailing Address of Mineral Owner I acknowledge I reviewed C.R.S. § 24-65.5-101, et seq, and I am in compliance with said statue and the LUDC. _____________________________________________ _________________________________ Applicant’s Signature Date ND The Albert Cerise Family Company The Albert Cerise Family Company c/o Leslie Cerise 1539 Highway 133 Carbondale, CO 81623 August 8, 2022 2340 County Road 100 - Colorado Extreme 27 Certification of Mineral Owner Research 28 2340 County Road 100 - Colorado Extreme Payment Agreement Form (4-203.B.4) 8/8/22 RECREATION (OUTDOOR) Definition, per Garfield County Code: An area or facility that offers entertainment, recreation, or games of skill, where any portion of the activity takes place outside and may include lighted areas for use after dusk. 2340 County Road 100 - Colorado Extreme 29 Background The applicant, Blue Mind, LLC, is submitting a Land Use Change Permit to allow a Temporary Outdoor Youth Hockey Rink within their 34.67-acre parcel. The lot was created in 1965 and then sold to the current owner in 2022 for commercial use. Prior to the unpermitted activities under the past owner, the property was used as a space for landscaping companies and the construction of log homes under a Special Use Permit. If approved, the Colorado Extreme’s Temporary Outdoor Youth Hockey Rink will be used during the 2022-2023 winter season, to provide free hockey to approximately 400 children who live in the Roaring Fork Valley. Their proposed operations meet the constraints of this permit request, the site, and all applicable zoning, access/circulation and nuisance requirements. Current Site Conditions The property is currently vacant. The previous owner sold the property on August 1, 2022 and following the sale of the property, the site has been cleared in preparation for this application. No outstanding code violations exist. Existing site utilities include a commercial well, electric/power lines and a utility control panel. The only features remaining on the site from the previous owner include a heated 672 square foot site office with a bathroom, and a centrally located shade structure (with no utilities) at the base of the southern steep section of the site. An Engineering Report is included. Proposed Conditions The proposed Temporary Outdoor Youth Hockey Rink will be accessed by the existing shared access drive, from Country Road 100. The shared private roadway will continue to provide access to parcel #239336400268, to the west. The access crosses through a 100’ ROW owned and managed by the Roaring Fork Transportation Authority (RFTA). Within the ROW lies the Rio Grande Trail. A 20’ wide (two, 8’ travel lanes with 2’ shoulders), two-way access driveway was approved by RFTA. Traffic analysis and access documentation with RFTA can be found in within the Traffic Study (4-203.L) in this package. The site will be used during three practice groups/teams (12 players/each) from 4pm-7pm, Monday through Saturday. Each group/team will have the ice for one hour. There will also be two coaches and two staff members to manage site operations on the premises, Monday through Saturday. No subleases or subtenant situations will be allowed. Per the Site Plan (exhibit A), only minor site modifications to the existing site are expected due to the temporary nature of this proposal: 1. Temporary Circulation - a one-way internal drive aisle will provide access to the hockey rink and parking area. Attendees will enter at the western area of the parcel and proceed through in a clockwise direction. 2. Temporary Parking - 43 spaces will be provided to ensure that there will be available spaces if parents arrive early for their child’s practice session. Previous year’s data shows that most parents stay for the entire practice. Spaces will also be provided for coaches and site staff. 3. Temporary Ice Rink - an temporary NHL sized hockey rink (200’ x 85’) will be located as shown on the site plan. The rink will be oriented to an alignment that maximizes the shade impacts of the adjacent hillside to the south. Two chillers will be used to maintain ice temperatures. Project Description (4-203.B.5) 30 2340 County Road 100 - Colorado Extreme 4. Temporary Restroom Facilities - temporary restroom facilities will be rented or purchased for the duration of the winter season to support players and parents. These facilities will be fully enclosed units that will be regularly serviced by a third-party provider. 5. Landform manipulation - The existing site is already “flat”, due to previous uses, with grades varying between 2-4% throughout the Area of Disturbance (as noted on the site plan). Only minor earthwork will be completed to remove old stockpiles of fill from the previous owner and to ensure the conveyance of storm water through overland drainage swales. As new owners of the 2340 CR 100 property, Colorado Extreme is proud to call Garfield County home. During this brief period of ownership, program ownership and staff have extended every courtesy to project stakeholders and neighbors. Colorado Extreme’s goal is to use this temporary phase as transition towards the planning and development of a permanent facility while ensuring that the current children’s programming will not lapse during the 2022-2023 season. Although minimal in nature, this temporary use proposal will allow hockey programming to continue for the 400 participants of the local program. 2340 County Road 100 - Colorado Extreme 31 SPECIFIC APPLICATION MATERIALS Garfield County, CO2340 CR 100: Vicinity Map Developed by Account Number R009788 Parcel Number 239336400267 Acres 35 Land SqFt 0 Tax Area 011 2019 Mill Levy 79.7760 Physical Address 2340 100 COUNTY RD CARBONDALE 81623 Owner Address NORDIC GARDENS LAND FUND, LLC 2340 COUNTY ROAD 100 CARBONDALE CO 81623 2019 Total Actual Value $828,500 Last 2 Sales Date Price 10/18/2019 $0 11/30/2015 $0 Date created: 1/11/2022 Last Data Uploaded: 1/11/2022 2:07:12 AM 3,787 ft Overview Legend Parcels Parcel/Account Numbers Highways Limited Access Highway Major Road Local Road Minor Road Other Road Ramp Ferry Pedestrian Way Owner Name Lakes & Rivers County Boundary Line Garfield County, CO2340 CR 100: Vicinity Map Developed by Account Number R009788 Parcel Number 239336400267 Acres 35 Land SqFt 0 Tax Area 011 2019 Mill Levy 79.7760 Physical Address 2340 100 COUNTY RD CARBONDALE 81623 Owner Address NORDIC GARDENS LAND FUND, LLC 2340 COUNTY ROAD 100 CARBONDALE CO 81623 2019 Total Actual Value $828,500 Last 2 Sales Date Price 10/18/2019 $0 11/30/2015 $0 Date created: 1/11/2022 Last Data Uploaded: 1/11/2022 2:07:12 AM 3,787 ft OverviewLegendParcels Parcel/Account Numbers Highways Limited Access Highway Major Road Local Road Minor Road Other Road Ramp Ferry Pedestrian Way Owner Name Lakes & Rivers County Boundary Line Garfield County, CO2340 CR 100: Vicinity Map Developed by Account Number R009788 Parcel Number 239336400267 Acres 35 Land SqFt 0 Tax Area 011 2019 Mill Levy 79.7760 Physical Address 2340 100 COUNTY RD CARBONDALE 81623 Owner Address NORDIC GARDENS LAND FUND, LLC 2340 COUNTY ROAD 100 CARBONDALE CO 81623 2019 Total Actual Value $828,500 Last 2 Sales Date Price 10/18/2019 $0 11/30/2015 $0 Date created: 1/11/2022 Last Data Uploaded: 1/11/2022 2:07:12 AM 3,787 ft Overview Legend Parcels Parcel/Account Numbers Highways Limited Access Highway Major Road Local Road Minor Road Other Road Ramp Ferry Pedestrian Way Owner Name Lakes & Rivers County Boundary Line 2340 CR 100 DOWNTOWN CARBONDALE 32 2340 County Road 100 - Colorado Extreme Vicinity Map (4-203.C) 2340 County Road 100 - Colorado Extreme 33 Site Plan (4-203.D) A Site Plan which meets Garfield County Standards has been developed for this application. Please see Exhibit A Grading + Drainage Plan (4-203.E) A Grading and Drainage Plan which meets Garfield County Standards has been developed for this application. Please see Exhibit B Landscaping Plan (4-203.F) A Landscape Plan waiver has been requested for this application, due to the temporary nature of the proposed use. Impact Analysis (4-203.G) 1. Adjacent Land Use: According to Garfield County GIS data (see attached map on the following page), adjacent land uses within a 1500’ radius include a combination of rural/ agricultural properties and residential planned unit developments (PUDs). 2. Site Features: Notable site features within the 1500’ radius include: • The Roaring Fork River is located approximately 1085’ northeast from the nearest corner of proposed temporary hockey facility area. • A section of the Union Irrigation Ditch runs through the site but is not impacted by the proposed use or its limit of disturbance. • The topography throughout the proposed temporary hockey facility area does not exceed 4%. Much of the area is between 2-3%, which is considered “flat” for standard development activities. The adjacent hillside to the south of the proposed facility contains slopes in excess of 45%. See accompanying Site Survey Exhibit. • Vegetative cover in the area is comprised of irrigated agriculture (cropland and pasture) lands to the north and Pinyon-Juniper plant communities (shrub and brush rangeland) throughout the hillside to the south. 3. Soil Characteristics: Soil types within the proposed area include Yamo loam (majority of area), and Atencio-Azeltine o complex (minor area in extents of site). See attached soils map). The Atencio-Azeltine soils are well-draining soils and classified with Medium Runoff characteristics. The USDA farmland classification notes this soil type as Not Prime Farmland due to its sandy/gravelly composition. The soil composition is well-suited for the proposed use due to its drainage characteristics and lack of value to for agricultural production due to its composition. Garfield County, CO Developed by Date created: 1/14/2022 Last Data Uploaded: 1/14/2022 11:38:07 AM 1,717 ft Overview Legend Parcels Roads Parcel/Account Numbers Highways Limited Access Highway Major Road Local Road Minor Road Other Road Ramp Ferry Pedestrian Way Owner Name County Zoning <all other values> CG - Commercial/General CITY - Incorporated City or Town CL - Commercial/Limited I - Industrial PA - Public Airport PL - Public Lands PUD - Planned Unit Development R - Rural RL - Resource Lands RMHP - Residential/Mobile Home Park RS - Residential/Suburban RU - Residential/Urban Lakes & Rivers County Boundary Line 34 2340 County Road 100 - Colorado Extreme Adjacent Land Use Map Soil Map—Aspen-Gypsum Area, Colorado, Parts of Eagle, Garfield, and Pitkin Counties Natural Resources Conservation Service Web Soil Survey National Cooperative Soil Survey 1/14/2022 Page 1 of 343625004362700436290043631004363300436350043637004362500436270043629004363100436330043635004363700312400312600312800313000313200313400313600313800314000314200314400 312400312600312800 313000 313200 313400 313600 313800 314000 314200 314400 39° 24' 12'' N107° 10' 44'' W39° 24' 12'' N107° 9' 15'' W39° 23' 27'' N 107° 10' 44'' W39° 23' 27'' N 107° 9' 15'' WN Map projection: Web Mercator Corner coordinates: WGS84 Edge tics: UTM Zone 13N WGS84 0450 900 1800 2700 Feet 0 100 200400 600 Meters Map Scale: 1:9,780 if printed on A landscape (11" x 8.5") sheet. SSooiill MMaapp mmaayy nnoott bbee vvaalliidd aatt tthhiiss ssccaallee.. Soil Map—Aspen-Gypsum Area, Colorado, Parts of Eagle, Garfield, and Pitkin Counties Natural Resources Conservation Service Web Soil Survey National Cooperative Soil Survey 1/14/2022 Page 1 of 343625004362700436290043631004363300436350043637004362500436270043629004363100436330043635004363700312400312600312800313000313200313400313600313800314000314200314400 312400 312600 312800 313000 313200 313400 313600 313800 314000 314200 314400 39° 24' 12'' N 107° 10' 44'' W39° 24' 12'' N107° 9' 15'' W39° 23' 27'' N 107° 10' 44'' W39° 23' 27'' N 107° 9' 15'' WN Map projection: Web Mercator Corner coordinates: WGS84 Edge tics: UTM Zone 13N WGS84 0 450 900 1800 2700 Feet 0 100 200 400 600Meters Map Scale: 1:9,780 if printed on A landscape (11" x 8.5") sheet. SSooiill MMaapp mmaayy nnoott bbee vvaalliidd aatt tthhiiss ssccaallee.. 2340 County Road 100 - Colorado Extreme 35 Soils Map Approximate area of proposed youth hockey facility Map Unit Legend Map Unit Symbol Map Unit Name Acres in AOI Percent of AOI 13 Atencio-Azeltine complex, 3 to 6 percent slopes 114.5 26.5% 35 Empedrado loam, 6 to 12 percent slopes 44.7 10.4% 42 Fluvaquents, 0 to 10 percent slopes 40.4 9.4% 44 Forelle-Brownsto complex, 12 to 25 percent slopes 9.7 2.2% 54 Grotte gravelly loam, 25 to 65 percent slopes 97.0 22.5% 55 Gypsum land-Gypsiorthids complex, 12 to 65 percent slopes 57.0 13.2% 92 Redrob loam, 1 to 6 percent slopes 14.1 3.3% 106 Tridell-Brownsto stony sandy loams, 12 to 50 percent slopes, extremely stony 16.5 3.8% 116 Yamo loam, 12 to 25 percent slopes 31.4 7.3% 120 Water 6.4 1.5% Totals for Area of Interest 431.7 100.0% Soil Map—Aspen-Gypsum Area, Colorado, Parts of Eagle, Garfield, and Pitkin Counties Natural Resources Conservation Service Web Soil Survey National Cooperative Soil Survey 1/14/2022 Page 3 of 3 MAP LEGEND MAP INFORMATION Area of Interest (AOI) Area of Interest (AOI) Soils Soil Map Unit Polygons Soil Map Unit Lines Soil Map Unit Points Special Point Features Blowout Borrow Pit Clay Spot Closed Depression Gravel Pit Gravelly Spot Landfill Lava Flow Marsh or swamp Mine or Quarry Miscellaneous Water Perennial Water Rock Outcrop Saline Spot Sandy Spot Severely Eroded Spot Sinkhole Slide or Slip Sodic Spot Spoil Area Stony Spot Very Stony Spot Wet Spot Other Special Line Features Water Features Streams and Canals Transportation Rails Interstate Highways US Routes Major Roads Local Roads Background Aerial Photography The soil surveys that comprise your AOI were mapped at 1:24,000. Warning: Soil Map may not be valid at this scale. Enlargement of maps beyond the scale of mapping can cause misunderstanding of the detail of mapping and accuracy of soil line placement. The maps do not show the small areas of contrasting soils that could have been shown at a more detailed scale. Please rely on the bar scale on each map sheet for map measurements. Source of Map: Natural Resources Conservation Service Web Soil Survey URL: Coordinate System: Web Mercator (EPSG:3857) Maps from the Web Soil Survey are based on the Web Mercator projection, which preserves direction and shape but distorts distance and area. A projection that preserves area, such as the Albers equal-area conic projection, should be used if more accurate calculations of distance or area are required. This product is generated from the USDA-NRCS certified data as of the version date(s) listed below. Soil Survey Area: Aspen-Gypsum Area, Colorado, Parts of Eagle, Garfield, and Pitkin Counties Survey Area Data: Version 12, Sep 2, 2021 Soil map units are labeled (as space allows) for map scales 1:50,000 or larger. Date(s) aerial images were photographed: Jul 14, 2010—Nov 1, 2017 The orthophoto or other base map on which the soil lines were compiled and digitized probably differs from the background imagery displayed on these maps. As a result, some minor shifting of map unit boundaries may be evident. Soil Map—Aspen-Gypsum Area, Colorado, Parts of Eagle, Garfield, and Pitkin Counties Natural Resources Conservation Service Web Soil Survey National Cooperative Soil Survey 1/14/2022 Page 2 of 3 36 2340 County Road 100 - Colorado Extreme Garfield County Comprehensive Plan - Future Land Use Bureau of Land Management, Esri, HERE, Garmin, INCREMENT P, USGS, EPA, USDA, Garfield County GIS Slope-Related Hazard MAJOR MODERATE Geologic Hazards Study Area Streams and Ditches unspecified type DITCH INTERMITTENT PERENNIAL Rivers and Lakes Parcels Other Roads And Trails BLM Administrative Driveway Inaccessible County Road Other Roads Private Road, Trail Trail, 4WD ATV Trail, All Vehicles Trail, Bicycle Trail, Horse Foot Roads 1:9,028 Divided Highway US Highway CO Highway Frontage Road County Road Local Street City Street Garfield County 1/14/2022, 12:29:23 PM 0 0.04 0.080.02 mi 0 0.07 0.130.03 km 1:2,257 printed from web app Copyright Garfield County 2020 2340 County Road 100 - Colorado Extreme 37 4. Geology and Hazard Steep, densely vegetated slopes identified as major slope hazards are located to the south, outside of the proposed area. The hillside does not pose any hazardous impacts as no development activities or uses are proposed. See Sections 7-108, 7-206, 7-207 later in this package for additional information. Slope Related Hazards Map 5. Groundwater and Aquifer Recharge Areas The proposed site is outside of the Roaring Fork Floodplain. Soils are characterized as well draining, with water quality-swales included in the site plan to accommodate any sedimentation resulting from extreme precipitation and/or runoff events. No sewage effluents are anticipated within this temporary phase, as all restroom units will be self-contained. approximate area of proposed temporary youth hockey facility 38 2340 County Road 100 - Colorado Extreme Environmental Impacts Map approximate area of proposed temporary youth hockey facility 6. Environmental Impacts The proposed temporary youth hockey facility is completely located within previously disturbed areas in the northwest corner of the parcel and will not negatively impact native vegetation. The Garfield County GIS identifies the site as part of the Ranch at Roaring Fork Conservation Area, Moderate Significance. The proposed temporary use is outside of the Visual Corridor area. This application proposes a focused site plan that avoids impacts to wildlife migration routes. The proposed site does not include any known critical wildlife habitats. 7. Nuisance The proposed temporary youth hockey facility will not result in any negative impacts to adjacent lots. The recreation use will not generate any vapor, dust, smoke, glare or vibration, or other emanations. All site lighting will adhere to County Development Standards to avoid glare and spill outside of the parcel. See Section 7-304 of this package for further information. Any onsite noise generation from daily youth classes (see Hours of Operation, below) and vehicular movement will be buffered by the layered vegetation and earthen berming along CR 100, both in the RFTA ROW and onsite. Noise shall not exceed State noise standards pursuant to C.R.S, Article 12, Title 25. 2340 County Road 100 - Colorado Extreme 39 8. Hours of Operation Hours of operation for the proposed temporary hockey facility will occur between 9am-7pm, Monday through Saturday. Typical weekly scheduling is anticipated to include: Monday - Saturday • 9am-3pm - minimal site maintenance and operational needs • 3pm-4pm - preparations for daily team/skate sessions • 4pm-5pm - daily session #1 (12 kids) • 5pm-6pm - daily session #2 (12 kids) • 6pm-7pm - daily session #3 (12 kids) Rezoning Justification Report (4-203.H) This section is not applicable to this application Statement of Appeal (4-203.I) This section is not applicable to this application Development Agreement (4-203.J) A Development Agreement waiver has been requested for this application Improvements Agreement (4-203.K) An Improvements Agreement waiver has been requested for this application Civil Engineering Report Colorado Extreme Hockey Rink 2340 Cr 100 Carbondale, Colorado 81623 1. Existing Conditions The existing parcel under evaluation for this engineering report is located at 2340 County Road 100, also known as Catherine Store Road, outside of Carbondale, Colorado. The Garfield County Parcel ID is 239336400267 with a legal description of “Section: 36 Township: 7 Range: 88 A PARCEL OF LAND IN GOVERNMENT LOTS 17 AND 21, A PORTION OF GOVERNMENT LOT 14, SEC. 31, TWN 7, RNG 87, AND IN GOVENMENT LOT 1, SEC. 1, TWN 8, RNG 88. 35.02 ACRES”. The parcel is 34.67 acres in size, with only 4.15 acres being developable due to steep hillside conditions within the southern portion of the property. The site has been previously utilized as a contractor’s yard but is currently not in use. The existing access to the site is located off County Road 100 (CR 100), which serves as a shared access for the neighboring property located to the west. A twenty-foot egress through the RFTA Rio Grande Railroad Corridor is located approximately 35 feet to the south of the county road edge of pavement, allowing for passage through this corridor and onto the site. Developed areas exist only on the far north portion of the property, past the toe of the steep hillside to the south. An existing access easement follows through the site from the entry of the property and continues towards the west for legal access to the neighboring property. Gravel drives surround the developed area for circulation and parking, as well as the access for the neighbor to the west. Several small structures have been removed from the interior of the site, leaving only a mobile office in the center of the site and a shade structure at the base of the hillside. This includes an office building located at the entrance of the property. An irrigation ditch lateral runs from the east to the west through the site. Existing overhead electric lines run within an easement through the lot as well. 2. Proposed Conditions This limited impact review application is requesting the use of the site as “Recreation, Outdoor”. This type of use is noted within the standard county use Table 3-403 (Article 3 of the land use code), under the commercial use category recreation and entertainment. The specific programming of the site will be a temporary ice hockey rink with associated parking. The eastern portion of the property will remain as existing, while the western portion of the property will see the existing gravel drive maintained, the addition of a temporary outdoor ice rink, and a new gravel drive and parking lot looping around the proposed rink. All access roads and driveways shall conform to Garfield County requirements by increasing the width in certain areas and providing adequate shoulders, parking and grading, as well as navigation and turnaround of emergency vehicles. Existing electric 40 2340 County Road 100 - Colorado Extreme Engineering Report services onsite will be improved in order to provide adequate power to the ice rink chillers. The existing well onsite is currently permitted through the Colorado Division of Water Resources as a commercial well. Proposed wastewater improvements for this project include temporary portable toilets, that will be self-contained and cleaned/maintained regularly. 3. Access, Roads and Parking The site will retain the existing access point along eastbound CR100. The existing shared gravel drive on site that connects the access point to the property to the west is being maintained at a 16’ width with 2’ shoulders. A proposed 24-foot wide gravel drive loops around the proposed hockey rink on the north side connecting to the existing gravel drive on both sides. 43 parking stalls are proposed along the looped 24-foot wide portion of the drive, as well as a pulloff/dropoff zone on the west side of the rink. This location of the pulloff will prevent cars from queueing up in the main entrance. Average total users at a given time is 36 kids and 4 staff members. The proposed use of this site is not listed in table 7-302A, “Minimum Off-Street Parking Standards By Use”, so the total number of parking spots was determined by the approximate average total users at a given time, and 43 total spots are proposed with two additional stalls for maintenance and operation parking. The proposed loop portion of the drive is designed for one-way traffic around the hockey rink in a clockwise direction. The existing gravel drive will be maintained as a two-way road. A “do not enter” sign will be installed to control traffic to the correct route. The looped drive also provides access for firefighting apparatus to reach all points within the developed site. The turning radii of the roadway allow for adequate turning clearance for a 45’ fire truck. An exhibit showing the fire truck turning movements is included in the civil plan set. Stop signs are proposed to be installed at the intersection with Catherine Store Road and at the intersection with the Rio Grande Trail on both sides, for a total of 3 stop signs. One additional stop sign is proposed at the end of the proposed loop drive where it connects back to the main entrance drive. Sight triangles have been provided on the civil plans showing the required clear area free from vegetation required to provide adequate lines of sight when leaving the site. Snow storage area equal to at least 2.5% of the drive area has been provided just north of the parking stalls in the same location as the proposed grass swale. 4. Grading and Drainage For this Land Use Application, the proposed grading on the site has been minimized to reduce site disturbance and impacts. The overall grading path of the site generally slopes from the southeast to the northwest. Grades do not exceed eight percent in areas of proposed disturbance, and the average grade is 2.8%. Total earthwork on site results in a net fill of 2,195 cubic yards. The portion of the site covered by the ice rink has a net fill of 1,082 cubic yards, a portion of which will be replaced by the sand base of the rink. Existing drainage paths from the large hillside above the project limits are to remain. No offsite drainage will be required for the project, as existing irrigation ditches and other drainage patterns convey runoff away from project limits. 2340 County Road 100 - Colorado Extreme 41 No onsite detention is provided. All rainfall that lands on the ice rink will stay on the ice rink, and no new impervious areas are provided within the proposed development, so overall runoff patterns will not be affected. A grass-lined swale is proposed along the north edge of the proposed parking stalls, and will capture runoff from the proposed development, provide infiltration and water quality treatment before allowing excess runoff to spill over, and sheet flow offsite to the north in existing drainage patterns. This grass swale will not provide detention, but will act as water quality treatment onsite and will offset any negative effects of the proposed improvements. 5. Utilities a. Water Domestic water for the site is located at a well just west of the entrance to the site. There is also an existing water shutoff valve and an existing spigot in this location. The main water use on the proposed site will be for the zamboni to fill with water to resurface the ice rink. This will be accomplished using the existing spigot. The existing office trailer on the eastern portion of the site has a water treatment system underneath its sink providing potable water. Well pump tests were performed and documented by LRE Water in a memorandum dated September 17, 2021. The pump test reported a long-term yield from the pump to be at least 15 gallons per minute. It is estimated that the peak demand from the well is approximately 10 gallons per minute. Therefore, the pump and well have capacity for the anticipated use of the site. No water improvements are proposed for this project. b. Wastewater Portable toilets are provided to manage wastewater on site and will require no water or sewer utility connections. It is assumed 2 portable toilets is sufficient for 100 people per day for a week. Toilets will be cleaned and maintained regularly. c. Electric An existing overhead electric line exists on site from east to west close to the toe of the existing slope. An overhead electric line spurs off to another standalone power pole on site, nearby the existing office building. An existing utility control panel is located just west of the main entrance near the existing water utilities. To provide adequate power and underground electric services to the site, a looped electrical service must be provided. The proposed design is to replace the existing power pole spur on site, to add a new power pole along the main overhead electric line just east of the existing pole, and to connect these two poles in a loop with the main line. Then an underground electric service line will extend from the two power poles to a proposed transformer to the west of the main entrance, located similarly to the existing utility control panel. Electric service lines will then extend to the ice rink chillers at the west end of the property and to the center of the site where they can be used as outlets for miscellaneous uses. d. Gas No gas service is provided to the structures within the development. 42 2340 County Road 100 - Colorado Extreme e. Communications All communications services currently in place shall be utilized to service the main office. Pedestals are located near the northeast property corner, close to CR 100. f. Telephone All telephone services currently in place shall be utilized to service the main office. Pedestals are located near the northeast property corner, close to CR 100. 6. Plans A civil plan set has been included in this submittal. The sheets included in the set are: a. C1.0 – Overall Site Plan, showing full site, as well as limits of disturbance with delineated boundaries. b. C1.1 – Site Plan, showing locations of swales and other site features. c. C1.2 – Grading & Drainage Plan, showing grading and drainage improvements and general slopes across the site. d. C2.0 – Utility Plan, showing electrical improvements, existing water structures, location of temporary restrooms, and location of ice rink chillers. e. C3.0 and C3.0 – Driveway Plan and Profile, showing a general profile of the existing and proposed loop drive on site. f. C4.0 – Vehicle Turning Simulation, showing the fire truck route around the site. If there are any questions or concerns regarding this report or items discussed within, feel free to reach out to the contact information below. J.R. Spung, P.E. JVA, Inc. jspung@jvajva.com (970) 404-3085 2340 County Road 100 - Colorado Extreme 43 44 2340 County Road 100 - Colorado Extreme    1624 Market Street, Suite 202, Denver, CO 80202 PHONE: 303.652.3571 | WWW.FOXTUTTLE.COM       MEMORANDUM      To:    Garfield County Planning and Engineering  From:   Cassie Slade, PE, PTOE    Date:   August 30, 2022     Project:   Colorado Extreme Phase 1, Carbondale, CO     Subject:  Basic Traffic Analysis ‐ Updated    The  Fox  Tuttle  Transportation  Group  has  completed  a  transportation  analysis  for  the  proposed  development of an outdoor ice rink for the new Colorado Extreme facility located in Carbondale, Garfield  County, Colorado. Colorado Extreme provides a free youth hockey program and to continue the program,  it is proposed that a permanent facility be constructed for the athletes to practice hockey. The first phase  is to construct one (1) outdoor covered ice rink, which is the focus of this traffic analysis. This ice rink is  temporary and will be fully replaced with in phase 2. The project site is located on at 2340 County Road  (CR) 100. A vicinity map is shown on Figure 1. This traffic memorandum summarizes the existing roadway  conditions and anticipated trip generation for the first phase of this project.   Figure 1. Vicinity Map     1624 Market Street, Suite 202, Denver, CO 80202 PHONE: 303.652.3571 | WWW.FOXTUTTLE.COM       MEMORANDUM      To:    Garfield County Planning and Engineering  From:   Cassie Slade, PE, PTOE    Date:   August 30, 2022     Project:   Colorado Extreme Phase 1, Carbondale, CO     Subject:  Basic Traffic Analysis ‐ Updated    The  Fox  Tuttle  Transportation  Group  has  completed  a  transportation  analysis  for  the  proposed  development of an outdoor ice rink for the new Colorado Extreme facility located in Carbondale, Garfield  County, Colorado. Colorado Extreme provides a free youth hockey program and to continue the program,  it is proposed that a permanent facility be constructed for the athletes to practice hockey. The first phase  is to construct one (1) outdoor covered ice rink, which is the focus of this traffic analysis. This ice rink is  temporary and will be fully replaced with in phase 2. The project site is located on at 2340 County Road  (CR) 100. A vicinity map is shown on Figure 1. This traffic memorandum summarizes the existing roadway  conditions and anticipated trip generation for the first phase of this project.   Figure 1. Vicinity Map  2340 County Road 100 - Colorado Extreme 45 Traffic Study, basic (4-203.L) Colorado Extreme Phase 1  Traffic Analysis ‐ Updated                     August 30, 2022       Page 2  Existing Conditions  The subject property was previously approved to be a small contractor’s yard, which has not been  operational in the last year or more. The existing structures and storage areas are located near County  Road 100 where the land is relatively flat. The remainder of the property, south of the contractor yard,  has steep grades into the forested area. There is currently one gravel access on County Road 100 that is  shared with the neighboring property to the west. Currently, the neighboring property includes one single‐ family home.   Per Garfield County’s Land Use and Development Code (2013), this access is classified as a “semi‐primitive  road”. The roadway standards indicate that there is a design ca pacity of 100 vehicles per day (vpd) and a  minimum right‐of‐way width of 40 feet. Across the driveway, approximately 36 feet south of the County  Road 100, is the Rio Grande Trail. The access has a stop sign as it approaches the trail but does not have  a stop sign as it approaches County Road 100. Based on the topography and roadway design, there is good  sight distance in both directions to assist drivers to turn safely into and out of the driveway. The sight  distance was measured by Radian Engineering last year to be over 500 feet in both directions which is  greater than the AASHTO standard of 390 feet for a posted speed limit of 35 mph.   Access Permits  Currently, there is a Garfield County access permit for the existing access from Year 2004. The permit  number is #68 and filed under reception #6258627. The permit allows access for both properties with a  maximum width of 20 feet.  The Garfield County permit is attached to the Appendix. The subject property  also has an access permit to cross the Rio Grande Trail, which was provided by the Denver and Rio Western  Railroad Company (refer to the Appendix for a copy). An updated access permit with RFTA has been  completed for the new owner.   Roadways   The primary public roadways that serve the project site are discussed in the following text:    State Highway 82 is a four‐lane major regional arterial (classified by CDOT as an Expressway) that  provides east‐west access along the Roaring Fork Valley.  It links Glenwood Springs (down valley)  and the I‐70 corridor to the Town of Aspen (up valley) and all the communities in between.  SH 82  currently carries approximately 24,200 vehicle per day (vpd) in between County Road 133 and  County Road 100 (CDOT, estimated for Year 2021).  The posted speed limit is 65 miles per hour  (mph) within the study area.         46 2340 County Road 100 - Colorado Extreme Colorado Extreme Phase 1  Traffic Analysis ‐ Updated                     August 30, 2022       Page 3  The intersection of SH 82 at Catherine Store Road/County Road 100 is controlled by a traffic signal  and the intersection includes:  • Two through lanes in each direction of SH 82;  • Bus queue jump/right‐turn lanes on SH 82 to allow the VelociRFTA BRT buses efficient  service through the traffic signal;  • Left‐turn deceleration lanes on SH 82;  • Right‐turn deceleration and acceleration lanes on SH 82;  The intersection of SH 82 at County Road 133 is controlled by a traffic signal and the intersection  includes:  • Two through lanes in each direction of SH 82;  • Left‐turn deceleration lanes on SH 82 (Dual for WB);  • Right‐turn deceleration and acceleration lanes for EB on SH 82;  County Road 100 is a two‐lane roadway that leads to the rural residential area of east Carbondale.  This roadway changes between north‐south orientation near SH 82 to east‐west orientation along  the property frontage and links Carbondale’s Main Street to SH 82. County Road 100 has a posted  speed limit of 35 mph and is approximately 24 feet in width within the vicinity of the project. This  roadway services roughly 10,900 vpd during the week just south of SH 82 (Year 2017).   County Road 133 is a two‐lane roadway with a center turn lane that travels through the heart of  Carbondale. This roadway travels north south between SH 82 to Hotchkiss. County Road 133 has  a posted speed limit of 35 mph through Town and increases to 55 mph south of Meadowood  Drive. This roadway services roughly 16,700 vpd during the week just south of SH 82 (CDOT,  estimated for Year 2021).   Intersections  Peak hour data was collected on two (2) weekdays at the access intersection on County Road 100 by  Radian Engineering, LLC in August 2021, which were utilized within this analysis and attached to this  memorandum. The data indicated that the AM peak hour at the intersection of County Road 100 and the  Access started at 8:00 AM and the PM peak hour started at 4:50 PM.   The existing data indicated that there were only two (2) inbound vehicles in the AM peak hour (8:00 AM)  and zero (0) outbound. During the PM peak hour (4:50 PM), there was one (1) inbound vehicle and one  (1) outbound vehicle. The highest volume on the driveway was three (3) vehicles which occurred at 7:20  AM. Within the six (6) hours counted on Day 1, there were a total of 27 vehicles in and out of the driveway  and on Day 2 there were 15 vehicles. Radian Engineering indicated that there were several vehicles that  were looking for the previous company at this address that no longer exists. It is assumed that there are  2340 County Road 100 - Colorado Extreme 47 Colorado Extreme Phase 1 Traffic Analysis ‐ Updated                     August 30, 2022       Page 4  typically less than 10 vehicle trips per day without the contractor’s yard in operation at this driveway for  the existing single‐family home.  The nearest  intersection  with State Highway 82 is approximately 1.1 miles to the  northeast and is  anticipated to have some of the Colorado Extreme trips through it. Refer to the trip generation and  assignment section for anticipated trips through this intersection. Data was collected at this intersection  in Year 2017 as part of the Aspen Polo Club and McClure Ranch project and utilized in this analysis.   The existing peak hour volumes are illustrated on Figure 2.   Pedestrian and Bicycle    The Rio Grande Trail connects Glenwood Springs to Aspen and parallels County Road 100, crossing the  existing access. The Rio Grande Trail is a rail‐to‐trails project that provides multi‐modal connectivity  through the Roaring Fork Valley.    Transit  The  Roaring  Fork  Transportation  Authority  (RFTA)  provides  public  transportation  service  between  communities adjacent to and within the Roaring Fork Valley. There are no routes or bus stops on County  Road 100 near the project site, however, there are two (2) bus stops within three (3) miles of the site.   The Local Valley bus route travels between Glenwood Springs and Aspen with stops along SH 82 east of  Catherine Store Road/County Road 100 to serve the local park‐n‐ride, as well a stop at the Carbondale  park‐n‐ride and along Main Street.   There is also a Carbondale Circulator that connects the citizens and visitors to destinations within the  Town. This bus service travels between the Carbondale park‐n‐ride and locations along County Road 133  and Main Street.   The Bus Rapid Transit, named VelociRFTA, is an express transit service with parking available at the  Carbondale park‐n‐ride (Village Road and Highway 133). Both bus routes provide connections to the other  six RFTA bus routes between Rifle and Aspen. A snapshot of the RFTA bus map is shown to the right with  the Catherine Store Road local bus stop circled.     48 2340 County Road 100 - Colorado Extreme Colorado Extreme Phase 1 Traffic Analysis ‐ Updated                     August 30, 2022       Page 5  Trip Generation  To establish the volume of trips associated with the proposed Colorado Extreme ice rink, data on last  year’s athletes was utilized. There is limited data contained in the national guidelines (ITE Trip Generation  Manual); therefore, the programming data was utilized.   It is anticipated that there will be three (3) sessions per afternoon during the week with 12 students each  session. Based on the previous hockey season, it was typical that the parents/guardians remained at the  ice rink until the session was completed. For conservative purposes in this trip generation estimate, it was  assumed that there would be 80% of the parents/guardians remaining on site while the other 20% left  during the session to return at the end of the session. It was also assumed that only 10% of the athletes  will carpool. In reality, this will be even higher since Colorado Extreme is working on a shuttling program  for athletes after school and the  parents/guardians will be highly encouraged to carpool. It was assumed  that  there  would  be  a  total  of  four  (4)  staff  members  per  day  for  coaching  duties  (2)  and  site  maintenance/operations (2).   The estimated daily trip generation is summarized on Table 1.      Table 1 – Trip Generation (DAILY)      It was estimated that there would be up to 83 daily trips associated with the first phase of Colorado  Extreme. The trips associated with the existing single‐family home were estimated to up to ten (10) trips  per day (based on ITE suburban rates). Adding this to the trip estimate of Colorado Extreme, the driveway  would have up to 93 vehicle trips per day which is under the threshold for a semi primitive access (100  vpd threshold).   It is anticipated that this is a conservative estimate for the driveway volumes since  carpooling will most likely be higher than 10%. Also, the single‐family home is likely to have less daily trips  since it is considered a rural home and not suburban, which is the basis of the ITE trip rates.   10% Total 12 12 10 2 2 12 28 per day ‐3 25 12 12 10 2 2 12 28 per day ‐3 25 12 12 10 2 2 12 28 per day ‐3 25 Total Trips for Athletes 84 per day 75 per day Staff IN OUT 4 4 4 8 per day Total Trips for Staff 8 per day 8 per day Total Trips for Phase 1 83 per day OUT No Reduction Athletes IN Stay  (80%) Leave in  Hour Return in  Hour Daily Total Trips (IN +  OUT) Reduction for Carpooling  and SiblingsDaily Total Trips (IN +  OUT + Leave/Return) 2340 County Road 100 - Colorado Extreme 49 Colorado Extreme Phase 1 Traffic Analysis ‐ Updated                     August 30, 2022       Page 6  For the AM peak hour, it is likely there will be up to one (1) trip to or from the site by staff. During the PM  peak hour, it is anticipated that there will be 20 inbound trips for athletes and 15 outbound trips for  athletes and staff. This is based on the typical patterns of arrival and leaving for sports practices.    Trip Assignment  The estimated trip volumes were distributed onto the study area street network based on addresses of  the young athletes that was provided by Colorado Extreme. Based on the addresses, the trip distribution  is as follows, as well as presented on Figure 3:  • 19% to/from Down Valley  • 45% to/from Up Valley  • 20% to/from Carbondale  • 8% to/from Frontage Road  • 5% to/from South County Road 133  • 3% to/from North Catherine Store  Note that all Carbondale addresses were mapped to determine which part of Town the students would  be traveling from, to ensure the routing was accurate. The daily and peak hour trips are illustrated on  Figure 4. The peak hour trips were added to the existing volumes and are shown on Figure 5.  CDOT Access Permit  CDOT requires an access permit when the side‐street volume increases the permitted volume by 20% or  more. The new trips on County Road 100 accessing State Highway 82 will add approximately one (1)  vehicle in the AM peak hour and 17 vehicles in the PM peak hour. This equates to approximately 0.2%  increase in traffic over the permitted volumes in the AM peak hour and 3% of the PM peak hour. The  additional volumes associated with Colorado Extreme does not require an updated access permit.     50 2340 County Road 100 - Colorado Extreme Colorado Extreme Phase 1 Traffic Analysis ‐ Updated                     August 30, 2022       Page 7  Conclusions  The Colorado Extreme project proposes to construct one (1) outdoor ice rink in the first phase to continue  to provide a free hockey program for young athletes within the area. This ice rink is temporary for  approximately two winter seasons and will be full replaced in Phase 2. A separate traffic study will be  completed for the second phase of the Colorado Extreme project. The existing access will remain in the  same location and continue to provide access to the site and the adjacent single‐family home. It is  anticipated that the existing access, roadway network and intersections can accommodate the project  trips without the need for additional analysis or mitigation measures.   Hopefully the contents of this memorandum are helpful.  If you have any questions, please give me a call.    Sincerely,   FOX TUTTLE TRANSPORTATION GROUP, LLC     Cassie Slade, P.E., PTOE  Principal        Attachments:   Figure 2 – Existing Volumes   Figure 3 – Trip Distribution  Figure 4 – Site Trips  Figure 5 – Existing + Site Trips        Appendix:   Counts   Garfield County Access Permit  Denver and Rio Western Railroad Company    2340 County Road 100 - Colorado Extreme 51 ST A T E H I G HWA Y 82 AT CO U N T Y ROAD 100C O U N T Y R O A D 1 0 0 A T ACCESSOriginal ScaleProject #Date Drawn by Figure # T r a n s p o r o puG rnoiatt FOX EXISTING 2021 VOLUMES COLORADO EXTREME PHASE 1 PROJECT - CARBONDALE, CO 22057 NTS 8/12/2022 CAF 2 52 2340 County Road 100 - Colorado Extreme FT Project #Original ScaleDateDrawn byFigure #Tran s p o ro puG rnoiattFOX22057NTS8/12/2022CRS3COLORADO EXTREME PHASE 1 PROJECT - CARBONDALE, COTRIP DISTRIBUTION2340 County Road 100 - Colorado Extreme 53 ST A T E H I G HWAY 82 AT C O U N T Y ROAD 100C O U N T Y R O A D 1 0 0 A T ACCESSST A T E H I G HWA Y 82 AT C O U N T Y ROAD 100C O U N T Y R O A D 1 0 0 A T ACCESSOriginal ScaleProject #Date Drawn by Figure # T r a n s p o r o puG rnoiatt FOX SITE TRIPS COLORADO EXTREME PHASE 1 PROJECT - CARBONDALE, CO 22057 NTS 8/12/2022 CAF 4 54 2340 County Road 100 - Colorado Extreme ST A T E H I G HWA Y 82 AT CO U N T Y ROAD 100C O U N T Y R O A D 1 0 0 A T ACCESSOriginal ScaleProject #Date Drawn by Figure # T r a n s p o r o puG rnoiatt FOX EXISTING + SITE TRIPS COLORADO EXTREME PHASE 1 PROJECT - CARBONDALE, CO 22057 NTS 8/12/2022 CAF 5 2340 County Road 100 - Colorado Extreme 55 6 Traffic was counted in 10 minute increments in both east bound and west bound on CR 100. Eastbound is shown in ORANGE and westbound is shown in GREEN. Turn movements were counted both in and out of the existing subject property (PURPLE) and in and out of the shared access across the road (BLUE). These turn movements are all labeled alphabetically as shown on the diagram below. North 2340 County Road 100 - Nordic Gardens Land Fund, LLC: 63 56 2340 County Road 100 - Colorado Extreme APPENDIX A – PEAK PERIOD TRAFFIC COUNT 2340 CR 100 Traffic Count SummaryKey:WB = West BoundEB = East Bound Prop = Subject Property Other = 3-House Driveway Across the Road1WBAEB To PropCWB To OtherEEB to OtherGWB to Prop2EBBProp To EBDOther To WBFProp to WBHOther to EBNote: Trucks counted included dump trucks, semis, concrete trucks, and any large vehicles. No vehicles were counted in multiple columns in this analysis. Morning 1 - 6:00 AM to 9:00 AMDate:8/4/2021Weather:Clear and SunnyTime Period:121 Truck2 TruckABCDEFGH6:00 AM13410000000006:10 AM11710000000006:20 AM42813000000006:30 AM52303000000006:40 AM123315001000216:50 AM112911100100107:00 AM52602000000007:10 AM134110000000007:20 AM102811030100007:30 AM123903000000007:40 AM133601020000307:50 AM193901000000008:00 AM274101001010008:10 AM214310000100008:20 AM294110000010008:30 AM234100000000108:40 AM353711000000028:50 AM35290010010000Totals:288 575102225242073Morning 2 - 6:00 AM to 9:00 AMDate:8/5/2021Weather:Clear and SunnyTime Period:121 Truck2 TruckABCDEFGH6:00 AM31503000000006:10 AM102400000000016:20 AM43101000000006:30 AM43205000000106:40 AM73203011000016:50 AM132801020100107:00 AM143602000000007:10 AM133301000000007:20 AM213500000000007:30 AM114501000000107:40 AM203911000001007:50 AM144311000000008:00 AM214500000000018:10 AM225111000000008:20 AM224300000000108:30 AM184000000000108:40 AM283400000000008:50 AM40300012100010Totals:285 636320152101632340 County Road 100 - Nordic Gardens Land Fund, LLC: 68 2340 County Road 100 - Colorado Extreme 57 Afternoon 1 - 4:00 PM to 7:00 PMDate:8/3/2021Weather:Overcast, light rainTime Period:121 Truck2 TruckABCDEFGH4:00 PM352820000000004:10 PM544531100000004:20 PM433120001100104:30 PM493340000101004:40 PM573000000000004:50 PM523610000000015:00 PM604320000010005:10 PM493801000100005:20 PM492600000010005:30 PM703611000000005:40 PM533011000010005:50 PM422201002100016:00 PM421510000000106:10 PM392900000000006:20 PM462300100000006:30 PM392600030110106:40 PM402200000000006:50 PM25130000000000Totals:844 52617523354132Afternoon 2 - 4:00 PM to 7:00 PMDate:8/4/2021Weather:Clear and SunnyTime Period:121 Truck2 TruckABCDEFGH4:00 PM412611010000004:10 PM552340000100004:20 PM494310000000004:30 PM414110000000014:40 PM463910001000004:50 PM653610010000005:00 PM463200000000005:10 PM613610000100015:20 PM773440000000105:30 PM664000000000015:40 PM614400000000005:50 PM552710000000006:00 PM492501000000006:10 PM572810000110116:20 PM422400020000006:30 PM342810000000006:40 PM312200000000006:50 PM24250000001000Totals:900 573172041320242340 County Road 100 - Nordic Gardens Land Fund, LLC: 69 58 2340 County Road 100 - Colorado Extreme APPENDIX B – ACCESS PERMIT AND DRGWR PRIVATE WAY LICENSE 2340 County Road 100 - Nordic Gardens Land Fund, LLC: 70 2340 County Road 100 - Colorado Extreme 59 2340 County Road 100 - Nordic Gardens Land Fund, LLC: 71 60 2340 County Road 100 - Colorado Extreme 2340 County Road 100 - Nordic Gardens Land Fund, LLC: 72 2340 County Road 100 - Colorado Extreme 61 2340 County Road 100 - Nordic Gardens Land Fund, LLC: 73 62 2340 County Road 100 - Colorado Extreme 2340 County Road 100 - Nordic Gardens Land Fund, LLC: 74 2340 County Road 100 - Colorado Extreme 63 2340 County Road 100 - Nordic Gardens Land Fund, LLC: 75 64 2340 County Road 100 - Colorado Extreme 2340 County Road 100 - Nordic Gardens Land Fund, LLC: 76 2340 County Road 100 - Colorado Extreme 65 66 2340 County Road 100 - Colorado Extreme RFTA Private Road Crossing License 2340 County Road 100 - Colorado Extreme 67 68 2340 County Road 100 - Colorado Extreme 2340 County Road 100 - Colorado Extreme 69 70 2340 County Road 100 - Colorado Extreme 2340 County Road 100 - Colorado Extreme 71 72 2340 County Road 100 - Colorado Extreme 2340 County Road 100 - Colorado Extreme 73 ROCKY MOUNTAIN | MIDWEST | SOUTHWEST | TEXAS 909 Colorado Ave., Glenwood Springs, CO 81601 | Office: 970-945-6777 | LREWATER.COM Blue Mind, LLC August 11, 2022 c/o Nicholas DiFrank 2340 County Road 100 Carbondale, CO 81623 nick@re-land.com Via Email RE: Blue Mind, LLC – Water Demand and Supply for Proposed Land Use Application Nick: In July 2021, LRE Water and Ray Latham completed a 4-hour Pump Test at the existing well located on the Blue Mind, LLC property located east of Carbondale on 2340 County Road 100 in Garfield County (Parcel No. 239131100033). The purpose of the pump test was to demonstrate that adequate potable groundwater exists at a reasonable depth for the proposed uses and to provide an estimate of the expected long-term yield of the well. This memorandum summarized the opinion and findings of LRE Water regarding the adequacy of the physical water supply for the Blue Mind, LLC proposed development. WATER DEMAND Blue Mind, LLC is in the process of amending their existing Basalt Water Conservancy District (BWCD) water allotment contract which is the legal water supply for the proposed Temporary Youth Hockey Facility. The contract covers an outdoor ice rink for up to 150,000 gallons of water from October through Mary, indoor commercial use (up to 0.3 EQR), and 22,000 square feet of irrigation on the property from an existing well (current Permit No. 83473-F). Total proposed annual demands are 1.866 acre-feet (AF). The maximum demand is expected to occur in June with due to irrigation. Storage may be needed to meet peak hour demands associated with the ice rink facility or irrigation. WATER SUPPLY Well Construction The well was constructed on April 7, 2003, by Shelton Drilling Company. The well is constructed in boulders, sand, and gravel in the first 32 feet and cobbles, sand, and Beldon shale in the gravel in for the next 19 feet. The total depth of the well is 51 feet and it is constructed with 7-inch diameter steel surface casing with perforated steel casing installed in the water producing zone from 25 feet to 32 feet. At the time of the well construction, static water level was 12 feet from the top of casing (TOC) and the well produced 15 gpm during a 2-hour pumping test. Blue Mind, LLC will need to re-permit the well for the proposed uses. 74 2340 County Road 100 - Colorado Extreme Water Supply and Distribution Plan (4-203.M) Engineering Water Supply and Demand Report Please See Exhibits, for the Water Distribution Plan Nicholas DiFrank August 11, 2022 Blue Mind, LLC Page 2 of 2 Water Demand and Supply The permitted and actual location for the well is the SE1/4 SE1/4 of Section 36 Township 7 South, Range 886 West, of the 6th P.M. (NAD83 Z13 UTM(x)=313651.2, UTM(y)=4363223.4). Pumping Test A 4-hour pumping test was conducted by Ray’s Well Done Pump Service on July 23, 2021 for the well. The purpose of the test was to determine the long-term yield of the well and its adequacy to serve the existing and proposed uses. The initial static water level was 12.0 feet and a flow rate of 15.0 gpm as shown on Figure 1. There was no significant drawdown at this flow rate; therefore, the pumping rate remained at 15 gpm. The well had a maximum total drawdown of 3.0 feet as shown on Figure 2. Over the 4-hour pumping period approximately 3,600 gallons of water was pumped. Figure 3 depicts the water level recovery in the well in the first 2 minutes after pumping ceased. Considering the minimal drawdown depth and quick recovery apparent during the pump test, LRE Water believes that this well can provide a long term yield of 15 gpm to support the planned usage. CONCLUSION The results from the pumping test indicate that the well has a more than sufficient yield to serve the proposed uses of a temporary outdoor ice rink, commercial uses of up to 0.3 EQR, and 22,000 square feet of irrigation. The long term yield of the well is estimated to be at least 15 gpm. Storage may be needed to meet peak hour demands associated with the ice rink facility or irrigation. If you have any questions, please feel free to contact us. Sincerely, LRE WATER Eric F. Mangeot, P.E. EFM/21633NGLF01; Attachments ROCKY MOUNTAIN | MIDWEST | SOUTHWEST | TEXAS 909 Colorado Ave., Glenwood Springs, CO 81601 | Office: 970-945-6777 | LREWATER.COM Nordic Gardens Land Fund, LLC September 17, 2021 c/o Nicholas DiFrank 2340 County Road 100 Carbondale, CO 81623 nick@re-land.com Via Email RE: Nordic Gardens Land Fund, LLC – Water Demand and Supply for Proposed Land Use Application Nick: At your request, LRE Water and Ray Latham have the completed the 4-hour Pump Test at the existing well located on the Nordic Gardens Land Fund, LLC property located east of Carbondale on 2340 County Road 100 in Garfield County (Parcel No. 239131100033). The purpose of the pump test was to demonstrate that adequate potable groundwater exists at a reasonable depth for the proposed uses and to provide an estimate of the expected long-term yield of the well. This memorandum summarized the opinion and findings of LRE Water regarding the adequacy of the physical water supply for the Nordic Gardens Land Fund, LLC proposed development. WATER DEMAND LRE Water recently obtained a Basalt Water Conservancy District (BWCD) water allotment contract which is the legal water supply for the proposed commercial uses. The contract covers a commercial office and shop and up to 27,400 square feet of irrigation on the property from a n existing well (Permit No. 245829). Proposed demands are 0.393 acre-feet (AF) for indoor use and 1.605 AF for irrigation for a total of 1.998 AF. The maximum demand is expected to occur in June with a peak day demand of approximately 10 gallons per minute. The commercial development will include storage to meet peak hour demands. WATER SUPPLY Well Construction The well was constructed on April 7, 2003, by Shelton Drilling Company. The well is constructed in boulders, sand, and gravel in the first 32 feet and cobbles, sand, and Beldon shale in the gravel in for the next 19 feet. The total depth of the well is 51 feet and it is constructed with 7-inch diameter steel surface casing with perforated steel casing installed in the water producing zone from 25 feet to 32 feet. At the time of the well construction, static water level was 12 feet from the top of casing (TOC) and the well produced 15 gpm during a 2-hour pumping test. Nordic Gardens Land Fund, LLC will need to re-permit the well for the proposed commercial uses. 2340 County Road 100 - Colorado Extreme 75 21665CEXT018/11/2022Prepared by EFM05101520253035400102030401101001000Flow Rate (gpm)Depth from TOC (feet)Figure 1Blue Mind, LLC Pumping Test 07/23/2021 Depth from TOC (feet)Pumping Time (minutes)Depth of Water from TOCStatic Water LevelManual MeasurementsFlow RateStatic Water Level = 12.00 ft. Notes:1) Initial Water Level: 12.00 ft. below Top of Well Casing2) Final Water Level: 15.00 ft. below Top of Well Casing3)Well Depth: Approx. 50 ft. from Top of Well CasingTopof Casing240 Minutes @ 15.0 gpm76 2340 County Road 100 - Colorado Extreme 21665CEXT018/11/2022Prepared by EFM101520253035404550556065012345678910111101001000Flow Rate (gpm)Drawdown (feet)Figure 2Blue Mind, LLC Pumping Test 07/23/2021 Drawdown (feet)Pumping Time (minutes)DrawdownFlow RateStatic Water Level240 Minutes @ 15.0 gpmMaximum Drawdown after4 hours (240 Minutes) =3 ft.2340 County Road 100 - Colorado Extreme 77 Figure 321665CEXT018/11/2022Prepared by EFM0123456220200Recovery (feet)T/T' (minutes)Blue Mind,LLC Well Pumping Test 07/23/2021 Recovery Analysis (feet)Residual Drawdown (Feet)Aquifer recovered100%Full Recovery@ 2 MinutesEnd of PumpTestRecovery Begins78 2340 County Road 100 - Colorado Extreme ROCKY MOUNTAIN | MIDWEST | SOUTHWEST | TEXAS 909 Colorado Ave., Glenwood Springs, CO 81601 | Office: 970-945-6777 | LREWATER.COM Blue Mind, LLC August 11, 2022 c/o Nicholas DiFrank 2340 County Road 100 Carbondale, CO 81623 nick@re-land.com Via Email RE: Blue Mind, LLC – Well Water Quality Analysis Nick: Pursuant to Garfield County Land Use and Development Code Section 4-203(M)(1)(b)(5)(c), Blue Mind, LLC also requested that LRE Water sample for water quality at the existing well on the Blue Mind, LLC property located east of Carbondale on 2340 County Road 100 in Garfield County (Parcel No. 239131100033). LRE Water had conducted water quality analysis of the existing well for the previous owner approximately one year ago. Blue Mind, LLC’s proposed uses for the property are generally for a Temporary Youth Hockey Facility. Given this, it is LRE Water’s opinion that the water quality analysis conducted last year on the property is sufficient to examine the suitability of the water for the proposed uses. This specific section of the land use code states: “Water quality shall be tested by an independent testing laboratory for the following contaminants: alkalinity, arsenic, cadmium, calcium, coliform bacteria, chloride, conductivity, copper, corrosivity, fluoride, hardness, iron, lead, magnesium, manganese, nitrate/nitrite, pH, sodium, sodium adsorption ratio, sulfate, total dissolved solids, uranium, zinc and alpha/beta radioactivity. Additional testing may be required for other contaminants that occur within the County. The results shall show that the Maximum Contaminants Levels (MCLs), as set forth by the CDPHE within the Colorado Primary Drinking Water Standards, are not exceeded, or the Applicant has otherwise identified a treatment system that will bring the water within acceptable MCLs. Annual testing, testing for other contaminants, and testing for secondary drinking standards including taste, odor, color, staining, scaling, and corrosion is also recommended.” This letter report presents the technical analysis of the water quality. The well (current Permit No. 86473-F) is located in the SE1/4 SE1/4 of Section 36 Township 7 South, Range 886 West, of the 6th P.M. (NAD83 Z13 UTM(x)=313651.2, UTM(y)=4363223.4). The proposed uses form the well include a temporary outdoor ice rink facility, minor indoor commercial use (up to 0.3 EQR), and outdoor irrigation. WATER QUALITY A pre-packaged water quality sampling kit was ordered from Colorado Analytical Laboratories, Inc. Raw water samples were obtained from the well by LRE Water on July 26, 2021 after first 2340 County Road 100 - Colorado Extreme 79 Well Water Quality Analysis Report Nicholas DiFrank August 11, 2022 Blue Mind, LLC Page 2 of 3 Well Water Quality Results running the well 10 minutes at a flow rate of less than 10 gallons per minute (gpm). The samples were shipped by overnight delivery under proper chain of custody to Colorado Analytical Laboratories, Inc. (results attached).1 In accordance with the criteria established by the Garfield County Land Use and Development Code, the well was tested for inorganic compounds including metals, coliform, alkalinity, corrosivity, hardness, pH, total dissolved solids, and radionuclides. The attached results indicate that the well water meets the basic EPA primary and secondary drinking water standards with the exception of Total Coliform. This is further discussed below. Total Coliform Total Coliform was “present” at the well. Coliform bacteria include a large group and many types of bacteria that naturally occur throughout the environment and are common in both soil and surface water. Most types of coliform bacteria are harmless to humans, but some can cause mild illness and even fewer can lead to waterborne disease. The presence of coliform indicates that a contamination pathway exists between a source of bacteria (surface water, animal waste, septic system, etc.) and the water supply. Coliform bacteria is much more common in springs and in shallow wells compared to deeper wells as the bacteria is filtered out by soil and rock as surface water infiltrates the ground. The presence of Total Coliform indicates that the groundwater supply is under the influence of surface water. Total Coliform can be treated with filtration. Ultrafiltration (average pore size of 0.01 micron) or higher level of treatment is required. Disinfection (i.e. chlorine or ultraviolet light) will also treat bacteria. Shock chlorination of the well is also often utilized for treatment; however, contamination could occur again over time. We also note that the well is considered very hard (> 200 mg/l as CaCO3) with a measured value of 226.7 mg/l. Hard water can cause scale to build up in boilers, water heaters, and on water fixtures, and lessen effectiveness of soaps. Hardness is typically treated for domestic and commercial uses if greater than 200 mg/L. CONCLUSION The laboratory results for the water quality analysis indicate that the water at the well meets most basic primary and secondary drinking water standards with the exception of Total Coliform. In addition the water was found to be very hard. Total Coliform can be treated with disinfection (i.e. chlorination or ultraviolet light) or ultrafiltration (average pore size of 0.01 micron) to meet the primary drinking water standard. Hardness is not health threatening and is considered nonenforceable. Therefore, with disinfection or ultrafiltration, the water quality is suitable for domestic or commercial use (including irrigation). LRE Water recommends that Blue Mind, LLC 1 Colorado Analytical Laboratories subsequently sent sampled water Hazen Research, Inc. for the analysis of Gross Alpha and Gross Beta radionuclides. 80 2340 County Road 100 - Colorado Extreme Nicholas DiFrank August 11, 2022 Blue Mind, LLC Page 3 of 3 Well Water Quality Results consider water softening and provide filtration for the proposed commercial uses. As such, we recommend that Blue Mind, LLC further consult with a water treatment system provider to determine the appropriate level of treatment for the well. Please contact us if you have any questions or need additional information. Sincerely, LRE WATER Eric F. Mangeot, P.E. EFM/21665CEXT01; Attachments ROCKY MOUNTAIN | MIDWEST | SOUTHWEST | TEXAS 909 Colorado Ave., Glenwood Springs, CO 81601 | Office: 970-945-6777 | LREWATER.COM Nordic Gardens Land Fund, LLC September 17, 2021 c/o Nicholas DiFrank 2340 County Road 100 Carbondale, CO 81623 nick@re-land.com Via Email RE: Nordic Gardens Land Fund, LLC – Well Water Quality Analysis Nick: Pursuant to Garfield County Land Use and Development Code Section 4-203(M)(1)(b)(5)(c), Nordic Gardens Land Fund, LLC also requested that LRE Water sample for water quality at the existing well on the Nordic Gardens Land Fund, LLC property located east of Carbondale on 2340 County Road 100 in Garfield County (Parcel No. 239131100033). This specific section of the land use code states: “Water quality shall be tested by an independent testing laboratory for the following contaminants: alkalinity, arsenic, cadmium, calcium, coliform bacteria, chloride, conductivity, copper, corrosivity, fluoride, hardness, iron, lead, magnesium, manganese, nitrate/nitrite, pH, sodium, sodium adsorption ratio, sulfate, total dissolved solids, uranium, zinc and alpha/beta radioactivity. Additional testing may be required for other contaminants that occur within the County. The results shall show that the Maximum Contaminants Levels (MCLs), as set forth by the CDPHE within the Colorado Primary Drinking Water Standards, are not exceeded, or the Applicant has otherwise identified a treatment system that will bring the water within acceptable MCLs. Annual testing, testing for other contaminants, and testing for secondary drinking standards including taste, odor, color, staining, scaling, and corrosion is also recommended.” This letter report presents the technical analysis of the water quality. The well, Permit No. 245829, is located in the SE1/4 SE1/4 of Section 36 Township 7 South, Range 886 West, of the 6th P.M. (NAD83 Z13 UTM(x)=313651.2, UTM(y)=4363223.4). The proposed uses form the well include indoor commercial uses and outdoor irrigation. WATER QUALITY A pre-packaged water quality sampling kit was ordered from Colorado Analytical Laboratories, Inc. Raw water samples were obtained from the well by LRE Water on July 26, 2021 after first running the well 10 minutes at a flow rate of less than 10 gallons per minute (gpm). The samples were shipped by overnight delivery under proper chain of custody to Colorado Analytical Laboratories, Inc. (results attached).1 In accordance with the criteria established by the Garfield 1 Colorado Analytical Laboratories subsequently sent sampled water Hazen Research, Inc. for the analysis of Gross Alpha and Gross Beta radionuclides. 2340 County Road 100 - Colorado Extreme 81 82 2340 County Road 100 - Colorado Extreme 2340 County Road 100 - Colorado Extreme 83 84 2340 County Road 100 - Colorado Extreme 2340 County Road 100 - Colorado Extreme 85 86 2340 County Road 100 - Colorado Extreme Colorado Division of Water Resources - Commercial Well Permit 2340 County Road 100 - Colorado Extreme 87 88 2340 County Road 100 - Colorado Extreme 2340 County Road 100 - Colorado Extreme 89 Basalt Water Conservancy District (BWCD) Agreement 90 2340 County Road 100 - Colorado Extreme 2340 County Road 100 - Colorado Extreme 91 92 2340 County Road 100 - Colorado Extreme 2340 County Road 100 - Colorado Extreme 93 94 2340 County Road 100 - Colorado Extreme 2340 County Road 100 - Colorado Extreme 95 96 2340 County Road 100 - Colorado Extreme 2340 County Road 100 - Colorado Extreme 97 98 2340 County Road 100 - Colorado Extreme 2340 County Road 100 - Colorado Extreme 99 100 2340 County Road 100 - Colorado Extreme 2340 County Road 100 - Colorado Extreme 101 102 2340 County Road 100 - Colorado Extreme 2340 County Road 100 - Colorado Extreme 103 104 2340 County Road 100 - Colorado Extreme Water Distribution Plan Please see Utility Plan Exhibit 2340 County Road 100 - Colorado Extreme 105 Wastewater Management and System Plan (4-203.N) A Wastewater Management and System Plan waiver has been requested for this application. Temporary restroom facilities are proposed as noted in the Waiver Request letter in the General Application Materials Section of this application. Garfield County Comprehensive Plan - Future Land Use Bureau of Land Management, Esri, HERE, Garmin, INCREMENT P, Intermap, USGS, METI/NASA, EPA, USDA Garfield County GIS USFS BLM State Recreation Areas State Wildlife Areas WRNF Wilderness Areas Geologic Hazards Study Area Flood Plain (FEMA, USACE) Streams and Ditches unspecified type DITCH INTERMITTENT PERENNIAL Rivers and Lakes Parcels Other Roads And Trails BLM Administrative Driveway Inaccessible County Road Other Roads Private Road, Trail Trail, 4WD ATV Trail, All Vehicles Trail, Bicycle Trail, Horse Foot Roads 1:9,028 Divided Highway US Highway CO Highway Frontage Road County Road Local Street City Street Garfield County 1/17/2022, 2:12:15 PM 0 0.07 0.150.04 mi 0 0.1 0.20.05 km 1:4,514 printed from web app Garfield County Comprehensive Plan - Future Land Use Bureau of Land Management, Esri, HERE, Garmin, INCREMENT P, Intermap, USGS, METI/NASA, EPA, USDA Garfield County GIS USFS BLM State Recreation Areas State Wildlife Areas WRNF Wilderness Areas Geologic Hazards Study Area Flood Plain (FEMA, USACE) Streams and Ditches unspecified type DITCH INTERMITTENT PERENNIAL Rivers and Lakes Parcels Other Roads And Trails BLM Administrative Driveway Inaccessible County Road Other Roads Private Road, Trail Trail, 4WD ATV Trail, All Vehicles Trail, Bicycle Trail, Horse Foot Roads 1:9,028 Divided Highway US Highway CO Highway Frontage Road County Road Local Street City Street Garfield County 1/17/2022, 2:12:15 PM 0 0.07 0.150.04 mi 0 0.1 0.20.05 km 1:4,514 printed from web app approximate area of proposed temporary youth hockey facility 106 2340 County Road 100 - Colorado Extreme Floodplain Analysis (4-203.O) This section is not applicable to this application. The entire parcel and proposed temporary youth hockey facility are located outside of all floodplain area. ARTICLE 7: STANDARDS 2340 County Road 100 - Colorado Extreme 107 GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 3-25 Table 3-403: Use Table /P/ By Right /A/ Administrative Review /L/ Limited Impact Review /M/ Major Impact Review /●/ Exempt from County Review and Standards Use Category Use Type Residential Districts Nonresidential Districts Resource Land Zone Districts Unless exempted, all uses must comply with Article 7 Standards including Use-Specific Standards. R RS RU RM HP CL CG I PL RL P RL E RL TS RL GS Brewery, Winery, Cidery, Distillery L P P P ● L Optional Premises Cultivation Operation M M M 2 7-903 Retail, General A A A A P P P ● Retail, Equipment, Machinery, Lumber Yards P P P ● P P P P Retail, Vehicle and Equipment Sales M P P P ● Bulk Sales of LPG and CNG L L L L L L Recreation and Entertainment Golf Course/Driving Range A A A A A ● A Theater, Indoor P P A ● Motor Sports Center M M M M ● L L Recreation, Indoor L M M M P P A ● Recreation, Outdoor L M M M M M L L L L L L Shooting Gallery/Range L M M M M M L L M M M M 7-904 Services Crematorium M L L L ● Eating or Drinking Establishment L L L L P P P ● A A General Service Establishment L P P P ● Laundromat A L L L P P P ● Laundry or Dry-Cleaning Plant L L L ● Mortuary M L L L ● Vehicles and Equipment Car Wash M A A A ● Parking Lot or Parking Garage L L L L A A A ● Repair, Body /Paint, or Upholstery Shop A P P P ● 2 Refer to the Federal Government for the laws and policies in regards to cultivation operations for Medical Marijuana. GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 3-5 DIVISION 2. ZONE DISTRICT REGULATIONS. The purpose of this Division is to identify the lot and building restrictions for each zone district. In addition to these general requirements, all land uses shall comply with the applicable standards set forth in Article 7, Standards. 3-201. ZONE DISTRICT DIMENSIONS. Table 3-201 identifies the dimensional standards for each zone district. Table 3-201: Zone District Dimensions Legend R=Residential NR=Nonresidential C=Commercial NC=Noncommercial Lot Size Setbacks (feet) Height (feet) 2,4,5 Minimum Lot Area1 Maximum Lot Coverage (%) Maximum Floor Area Ratio Front Rear Side Zone District Arterial Local Rural R 2 acres 15 N/A 50 25 25 10 R: 25 NR: 40 Residential - Suburban RS 20,000 s.f. 50 50% 50 25 25 10 25 Residential - Urban RU 7,500 s.f. 50 50% 50 25 25 10 25 Residential-Manufactured Home Park MHP 2 acres 50 -- 50 25 25 10 25 Commercial - Limited CL 7,500 s.f. NC: 75 C: 85 50% 50 25 NC: 25 C: 7.5 10 40 Commercial - General CG 7,500 s.f. NC: 75 C: 85 50% 50 25 NC: 25 C: 7.5 10 40 Industrial I 21,780 s.f. 75 N/A 50 25 25 10 40 Plateau RLP 35 acres -- -- 25 25 25 25 50 Escarpment RLE 35 acres -- -- 25 25 25 25 50 Talus Slopes RLTS 35 acres -- -- 25 25 25 25 50 Gentle Slopes RLGS 35 acres NC: 2 acres 15 -- 25 25 25 10 75 Public Airport PA -- -- -- Subject to FAA, FAR Part 77, Airport Layout Plan, Building Codes, and other applicable Federal, State, and local standards and regulations Public Lands PL -- -- -- -- -- -- -- -- 1. Unless otherwise required by section 7-105, Adequate Central Water Distribution and Wastewater System. 2. Telecommunication Facilities may exceed maximum height provided they are reviewed (if required) and approved pursuant to Table 3-403, Use Table. 3. Parapet walls may exceed building height limitations by 4 feet. 4. Stacks, vents, cooling towers, elevator cupolas, towers, and similar non-inhabitable building appurtenances, and cupolas, spires, and belfries constructed as part of a Place of Worship shall be exempt from height limitations. 108 2340 County Road 100 - Colorado Extreme DIVISION 1. GENERAL APPROVAL STANDARDS 7-101: Zone District Use Regulations The property is zoned Rural (R) and meets all of the zone district dimensions as described in Table 3-403 for Rural/Low-Density Residential Lots: • Minimum Lot Area is 2 acres. The lot size is 34.67 acres • Maximum Lot Coverage is limited to 15%. The Current coverage proposal = .42 acres or 1.2% of the lot • Maximum Floor Area Ratio is N/A • The Arterial Front Setback is 50’ • The Rear Setback is 25’ • The Side setbacks are 10’ • The existing modular office building height does not extend above 40’ and no other structures are proposed, except for temporary restroom facilities. The proposed land use complies with Table 3-403. Outdoor Recreation uses are permitted with approval under a Limited Impact Review process. 2340 County Road 100 - Colorado Extreme 109 7-102: Comprehensive Plan + Intergovernmental Agreements The land use is general conformance with the Garfield County Comprehensive Plan and complies with all applicable Intergovernmental Agreements, particularly within Section 5: Recreation, Open Space and Trails of the 2030 Comprehensive Plan Update. This section identifies the importance of recreation and subsequent tourism as a growing part of the Garfield County economy. The proposed temporary youth hockey facility and its long-term vision will help the County support youth health and well-being through its offering of free hockey, positive adult mentorship and team camaraderie to the local youth population. Additionally, the future vision will seek to activate greater County- wide hockey events. Specifically, Section 5, Policy 5, Strategy ii is responded to: • Policy 5 - Promote public health and well-being through the promotion and support of recreational facilities. »Strategy ii - Continue to work with the Garfield County Public Health Department and the school districts to identify improvements, projects and programs that will benefit the health and well-being of students and the residents of Garfield County. 7-103: Compatibility The nature, scale and intensity of the proposed temporary youth hockey facility will not change the character or experience of the adjacent rural land uses. No major impacts will result from the minimal scale of the proposed project as it includes an ice rink, temporary restroom facility and associated circulation infrastructure. The proposed intensity of the project is also minimal as it occupies only a fraction of the site and is situated in a manner where any minimal visual or acoustic impacts will be buffered by site landscape and landform. 7-104: Source of Water As confirmed by the Basalt Water Conservancy District (BWCD), Water Allotment Contract NO. 775, Blue Mind, LLC (2340 CR 100) “shall be entitled to receive and apply to beneficial use 0.033 cubic feet of water per second form the District’s direct flow rights and 1.5 acre feet of per year of storage or other augmentation water owner or controlled by the District.” The approved water rights are included in this submittal 7-105: Central Water Distribution + Wastewater Systems A. Water Distribution As confirmed by the Colorado Division of Water Resources, Well Permit #86473-F, will be transferred from Nordic Gardens Land Fund, LLC to Blue Mind, LLC (2340 CR 100), who is entitled to use the existing, centrally located well. • The approved well improvement permit is included in this submittal • The proposed Water Distribution Plan is included as an Exhibit on the Utility Plan B. Wastewater Systems A waiver has been requested to allow temporary restroom facilities to be used during this temporary recreational use permit period. 110 2340 County Road 100 - Colorado Extreme 7-106: Public Utilities Electric, telephone, and communications utilities will remain on the property to service the temporary facility. Existing overhead electric lines that run within an electric easement through the property shall also remain. Site utility equipment is located to the west of the entrance to the property and shall be kept clear for access and maintenance. 7-107: Access + Roadways Please refer to the included Site Plan and Grading and Drainage Exhibits for the overall circulation and design plan & profile sheets for access and the internal driveways. Per inspections and conversations with Garfield County Road and Bridge Department, drainage and access in the area of the site egress is not an issue. See following page for documentation. A. Access to Public Right-of-Way A shared Semi Primitive Roadway (per table 7-107: Roadway Standards) provides access through the site and connects with the Public ROW at CR 100. An updated driveway connection through the existing RFTA ROW has been widened per standards for two-way vehicular access. Stop signs have been placed at each side of the Rio Grande trail to ensure pedestrian and bicycle trail user safety. B. Safe Access The Engineering Report includes in depth explanation of all the access, parking and roadways. RFTA approval for the egress through their ROW and across the Rio Grande Trail is included in this package. Interior stop signs will be located to identify vehicles of the pedestrian intersection at the Rio Grande Trail and at the interior one-way intersection. One-way and Do Not Enter signs will also be located to ensure . A circulation and Access Plan has received approval from RFTA confirming a proposed approach that meets existing safety and construction standards. C. Adequate Capacity All site circulation and access routes meet the minimum standards for Semi-primitive roadway design requirements, which allows for 100 Average Daily Trips (ADT). D. Road Dedications N/A E. Impacts Mitigated In coordination with RFTA, degraded asphalt paving areas along the main entry will be repaired to provide necessary roadway improvements. Sight lines have also been expanded to improve visibility into and out of the site. F. Design Standards All site circulation and access routes meet the minimum standards for Semi-primitive roadway design requirements, which include two 8’ lanes and 2’ shoulders on each side. Please see the included Site Plan and Grading and Drainage Exhibits included in this package. 2340 County Road 100 - Colorado Extreme 111 1 Nicholas DiFrankFrom:Simon Bentley <simon@coloradoextreme.org> on behalf of Simon BentleySent:Friday, August 12, 2022 12:08 PMTo:Nicholas DiFrankSubject:Fwd: Exemption FYI   Sent from my iPhone    Begin forwarded message:  From: Brooke Winschell <bwinschell@garfield‐county.com>  Date: August 12, 2022 at 12:00:50 PM MDT  To: Wyatt Keesbery <wkeesbery@garfield‐county.com>  Cc: Simon Bentley <simon@coloradoextreme.org>  Subject: RE: Exemption     Thank you, Wyatt. I will add this to the Grading permit file.     Have a great weekend!     Thanks,     BBrrooookkee  AA..  WWiinnsscchheellll     Community Development Admin/Technician III  CCoommmmuunniittyy  DDeevveellooppmmeenntt  DDeeppaarrttmmeenntt  bwinschell@garfield‐county.com  Direct 970‐945‐1377 Ext. 4212  T: 970‐945‐8212  || F: 970‐384‐3470   108 8th St, Suite 401  || Glenwood Springs, CO 81601     From: Wyatt Keesbery <wkeesbery@garfield‐county.com>   Sent: Friday, August 12, 2022 12:00 PM  To: Brooke Winschell <bwinschell@garfield‐county.com>  Cc: Simon Bentley <simon@coloradoextreme.org>  Subject: Exemption      Brooke   I am writing this email to let you know that Colorado Extreme,  located at 2340 CR 100, will be exempt from a driveway permit for the temporary  hockey rink this year. However, they will need to apply for a driveway permit once they apply for the permanent hockey arena through your  office, but for now they are good to go on our end.  Let me know if you need anything else.  Wyatt     Get Outlook for iOS  County Email Communication on Driveway Permitting 112 2340 County Road 100 - Colorado Extreme Garfield County Comprehensive Plan - Future Land Use Bureau of Land Management, Esri, HERE, Garmin, GeoTechnologies, Inc., USGS, METI/NASA, EPA, USDA, Garfield County GIS Soils-Related Hazard MAJOR MODERATE COAL MINE Geologic Hazards Study Area Parcels Flood Plain (FEMA, USACE) Streams and Ditches unspecified type DITCH INTERMITTENT PERENNIAL Rivers and Lakes 8/12/2022, 12:04:43 PM 0 0.08 0.160.04 mi 0 0.1 0.20.05 km 1:4,514 printed from web app Copyright Garfield County 2020 Soils Related Hazards Map approximate area of proposed temporary youth hockey facility 7-108: Use of Land Subject to Natural Hazards The entire northern portion of the 2340 CR 100 site, which includes the proposed temporary hockey facility in the western portion, is located outside of any major geologic or geotechnical conditions. Only moderate soils hazards were identified through County GIS data. 7-109: Fire Protection All site access and circulation have been designed to accommodate Emergency Access Standards (see Exhibits) and the proposed elements included on the site are constructed of non-combustible materials. Additionally, the proposed site plan has been reviewed with Bill Gavette, the Deputy Chief of Carbondale & Rural Fire Protection District. He provided approval for the site design and access/ circulation approach. 2340 County Road 100 - Colorado Extreme 113 DIVISION 2. GENERAL RESOURCE PROTECTION STANDARDS 7-201: Agricultural Lands A. No Adverse Effect to Agricultural Operations This application shall not adversely affect or otherwise limit the viability of existing agricultural operations and no agricultural lands shall be disturbed. This application is located on a reclaimed portion of the existing site B. Domestic Animal Controls n/a C. Fences n/a D. Roads n/a E. Ditches 1. Adjacent properties or anyone else with water rights to the section of the Union Ditch running through the developable area of the property are not impacted by the land use change. Adjacent properties utilizing the Union Ditch via diversions laterals shall remain. A note on the site plan has been added to confirm this. 2. All rights-of-way for the ditches and laterals for existing water rights on the parcel shall remain in place, as stated on the Site Plan. 3. No land use changes presented shall have any effect on the irrigation ditch rights-of-way. 4. The land use change shall not have any effect on the access to the irrigation ditches and laterals for maintenance purposes during and after construction of the access and drainage improvements to the site. 5. The final plat will include a maintenance easement for the ditch. No structures or fences are proposed within the right-of-way that interfere with maintenance access for the ditch. 6. Ditch crossings are not proposed for the land use change and the construction associated to the change. All existing ditch crossings shall not be disturbed for the project. 7. The Union Ditch company contact for “Referral To Ditch Owner” is located below: Union Ditch Company 1025 9th Ave. Suite #309 Greeley, Colorado 80631 Division: South Platte River Basin 8. No development or land use changes for the proposed project shall have any adverse effect on the existing Union Ditch running through the property. All proposed temporary facility features within the site plan that is associated with the land use change will be located down slope from the Union Ditch. 9. No surface water within the disturbed area for the land use change shall enter the irrigation ditch as shown on the site plan and the grading and drainage plan that is include with this submission package. 114 2340 County Road 100 - Colorado Extreme 7-202: Wildlife Habitat Areas The wildlife use patterns associated with the past industrial site uses and surrounding property have been in place long term at this site. Of the ~35 acre site, only half (~2 acres) of the previously used area (~4.16 acres) will be needed for the temporary recreational use. The remaining ~33 acres, the majority of which is native hillside, will be protected and unavailable for use. 7-203: Protection of Waterbodies There are no wetlands or waterbodies that will be disturbed by activities associated with the temporary youth hockey facility. All existing ditches and laterals within the site are outside of the area of disturbance, will be protected and maintained to provide optimal function. No storage of hazardous materials or use of salt or sand will be allowed on adjacent roads or the shared driveway. 7-204: Drainage + Erosion All runoff within the developed area shall be treated on site via water quality swales. Erosion control structures are proposed for erosion mitigation. Please refer to the grading and drainage plan in the Exhibits for more details on drainage and erosion control. Drainage is also discussed in detail within the preliminary engineering report included in this submission package. 7-205: Environmental Quality This application shall not adversely affect or otherwise limit the viability of existing agricultural operations and no agricultural lands shall be disturbed. This application is located on a reclaimed portion of the existing site A. Air Quality This application shall not cause air quality to be reduced below acceptable levels established by the Colorado Air Pollution Control Division. B. Water Quality All hazardous materials shall be stored and used in compliance with applicable State and Federal hazardous materials regulations. approximate area of proposed temporary youth hockey facility 2340 County Road 100 - Colorado Extreme 115 7-206: Wildfire Hazards The applicant and consultant team met with Bill Gavette (Carbondale & Rural Fire Protection District, Deputy Chief) to review the proposed temporary plan. As noted earlier in this document, he has no concerns on any aspect of this proposal. A. Location Restrictions The application area is designated as a containing Low to Moderate fuel hazards as it is located along the boundary of irrigated agriculture lands (low) and shrub/brush rangeland comprised of pinyon-juniper plant communities (moderate). The southern portion of the property contains steep slopes, but the area designated for the Temporary Youth Hockey Facility would be located in the northern portion of the site where slopes are between 0-4%. The site has traditionally been cleared of ladder fuels from the developable area of the site and base of the hillside. The owner agrees to continue to maintain vegetation control on the property to minimize any potential impacts from wildfire following Garfield County and State Forest Service guidelines for defensible space. B. Development Does Not Increase a Potential Hazard The proposed application is developed in a manner that does not increase the potential intensity or duration of a wildfire, or adversely affect wildfire behavior or fuel composition. The facility manager will contain provisions regarding the storage of potentially flammable materials. C. Roof Materials + Design This application proposes an ice rink and temporary restroom facilities/ structures. All elements, including the existing site office are constructed of non-combustible materials. 116 2340 County Road 100 - Colorado Extreme 7-207: Natural + Geologic Hazards This application does not include any natural or geologic hazard areas within the proposed limit of disturbance. 7-208: Reclamation The proposed work within this site will only impact previously developed areas. No removal of vegetation or expansion of the existing yard is proposed. Any areas that are disturbed as a result of the proposed site plan will be restored as natural-appearing areas. 2340 County Road 100 - Colorado Extreme 117 DIVISION 3. SITE PLANNING AND DEVELOPMENT STANDARDS 7-301: Compatible Design Extensive efforts were made to ensure the proposed site plan provided a successful solution that minimizes impacts to neighboring properties while supporting the needs of future tenants. Multiple meetings were held with neighbors, Charles Cole and HP Hansen to share the proposed plans for the site and request feedback. The resulting Site Plan (Exhibit A), provides a low impact solution based on the circulation and landform of the existing site. The proposed site design offers safer and improved circulation, while respecting the local context and meeting County and RFTA standards. A. Site Organization The proposed site program/design contains minor circulation improvements to accommodate passenger vehicles and shared access needs. Perimeter areas are planned for low impact functions, such as: loading/unloading, snow storage and utility needs. The site interior will be used for tenant storage. B. Operational Characteristics Site operations have been improved through access and circulation planning. Dedicated parking, loading/unloading, one-way traffic routes, a commercial/industrial well and OWTS system are all proposed to ensure efficient operations throughout the site. C. Buffering The proposed site will rely on the continued maturation of the extensive perimeter vegetation and landform/berms to accommodate visual and acoustic buffering requirements. See the following Concealing and Screening Diagram. D. Materials No changes to exterior facades are planned as part of this submittal. 7-302: Off-street Parking and Loading Standards Off-street parking is proposed and delineated within the Site Plan Exhibits. Additional information regarding computation of provided spaces is provided in the included Engineering Report. 7-303: Landscaping Standards A waiver request to a landscaping plan is included in this package due to the temporary use proposed on the site and the large amount existing vegetation on site acting as a buffer. A. General Standards The proposed site program/design contains minor circulation improvements to accommodate passenger vehicle movement and shared access needs. Perimeter areas are planned for low impact functions, such as snow storage and utility needs. The western site interior will be used for the temporary facility. No changes will occur to the eastern portion of the site interior. SHARED ENTRY DIAGRAM KEY: PERIMETER SCREENING INTERNAL SCREENING MAIN ACCESS ROAD INTERNAL SITE ACCESS CR 1 0 0 RI O G R A N D E T R A I L 118 2340 County Road 100 - Colorado Extreme Concealing and Screening Diagram PROPOSED TEMPORARY OUTDOOR HOCKEY FACILITY AREA 2340 County Road 100 - Colorado Extreme 119 AERIAL VIEW OF WESTERN AND NORTHERN PROPERTY BOUNDARIES - LOOKING NORTHWEST AERIAL VIEW OF WESTERN AND NORTHERN PROPERTY BOUNDARIES - LOOKING SOUTHWEST PROPOSED TEMPORARY OUTDOOR HOCKEY FACILITY AREA PROPOSED TEMPORARY OUTDOOR HOCKEY FACILITY AREA 120 2340 County Road 100 - Colorado Extreme B. Multi-Family Development n/a C. Subdivision, PUD, and Rural Land Development Exemption n/a D. Plants Compatible with Local Conditions No changes to the planting design are planned as part of this submittal. E. Existing Vegetation All healthy trees, native vegetation, natural or significant rock outcroppings, and other valuable features shall be preserved and integrated within the temporary site plan. F. Minimum Size n/a - no new vegetation is being proposed as part of this application G. Minimum Number of Trees and Shrubs Existing site planting zones have been previously grouped to provide naturalistic transitions from the adjacent native hillside, while also serving as internal buffers/dividers. These internal groupings of plants help to reduce the impacts of wind, noise and dust. These groupings also help to delineate the site. H. Parking and Storage Prohibited n/a I. Clear Vision Area A Clear Vision Area, which meets the standards of this requirement and RFTA’s requirements, is depicted on the Site Plan Exhibit. J. Landscaping Within Off-Street Parking Areas The existing tree line located at the northern property boundary will be maintained to act as both a site and parking buffer. No interior parking areas are proposed as part of this application. 7-304: Lighting Standards The only lighting improvements proposed as part of this application pertain to rink lighting. Lighting usage is expected to begin at dusk and limited to 8:30pm, Monday through Saturday. All interior lights will be fully shielded and directed downwards. No flashing lights will be utilized anywhere on the property. A. Downcast Lighting All proposed temporary rink and access lighting will be located and designed so that the light is directed inward, towards the interior of the temporary hockey facility, with a focus on specifically lighting the rink itself and surrounding pedestrian pathway. B. Shielded Lighting All exterior site lighting will be fully shielded and arranged so that rays are concentrated on the rink and adjacent pedestrian pathways. C. Hazardous Lighting The proposed site lighting will not create any hazardous impacts or traffic impacts. No colored lights are being proposed as part of this application and none will be used on site. 2340 County Road 100 - Colorado Extreme 121 D. Flashing Lights No blinking, flashing, or fluttering lights, or other illuminated devices that have changing intensities, brightness, or color are being proposed as part of this application. E. Height Limitations No lighting poles or installations will exceed the 40’ height limit requirement. 7-305: Snow Storage Standards Adequate snow storage areas are available on site to meet the 2.5% of driveway, parking and loading areas. These snow storage locations are included on the site plan in the Exhibits. Snow storage will be located in noted areas, away from vehicular traffic and operations areas. 7-306: Trail and Walkway Standards Interior stop signs will be located to identify vehicles of the intersection at thethe Rio Grande Trail. The applicant has provided an Access Plan and received approval from RFTA confirming a proposed approach that meets existing safety and construction standards. 122 2340 County Road 100 - Colorado Extreme SUPPLEMENTAL INFORMATION 2340 County Road 100 - Colorado Extreme 123 1 652 Melissa Ln, Carbondale, CO 81623 • RE-LAND.COM • 303.829.8362 landscape architecture urban design environmental planning To: Mr. Glenn Hartmann / Garfield County From: N. DiFrank / RE:LAND (nick@re-land.com) Date: 08.30.2022 Project: 2340 County Road 100 Owner: Blue Mind, LLC Parcel #: 2393-364-00-267 Subject: Colorado Extreme/Blue Mind LLC Outdoor Recreation Limited Impact Review (LIPA-08-22-8917) Dear Glenn, Thank you for your thoughtful review of our proposed Temporary Youth Hockey Outdoor Facility for Parcel 2393-364-00- 267. Within the following memo, we have responded to the seven (7) items/questions included in your determination of technical completeness review. 1. Statement of Authority - COMPLETE – A Statement of Authority has been recorded by the owner of Blue Mind LLC with the Garfield County Clerk and Recorder. 2. Temporary Restroom Facility Information As noted within the Engineering Report provided within our application, our team has noted that two (2) restroom facilities are adequate to accommodate the typical group sizes during the winter skate sessions. Due to the temporary nature of the proposed phase, we would like to use temporary/protable unisex restroom facilities. The proposed 2-station unit would be purchased or rented from Portable Restroom Trailers, LLC (portablerestroomtrailers.com) and would be located on site (see Site Plan Exhibit in original application) for the duration of the temporary facility. Unit Specifications: Box Length: 12' Stations: 2 Standard Toilets: 2 Urinals: 1 Sinks: 2 Mechanics Room: Yes Fresh Water Tank (Gallons): 100 Waste Tank (Gallons): 370 Water Heater: Yes Station Heater(s): Yes A/C Unit Type (BTU): 13.5 Water Supply: Site Hook-up Power Supply/Cords: 30-amp shore power to inverter 124 2340 County Road 100 - Colorado Extreme 2 652 Melissa Ln, Carbondale, CO 81623 • RE-LAND.COM • 303.829.8362 Floor Plan: The two stations are divided by the mechanical room in the middle of the unit. Front/Entry: 2340 County Road 100 - Colorado Extreme 125 3 652 Melissa Ln, Carbondale, CO 81623 • RE-LAND.COM • 303.829.8362 Interior: Typical features include a toilet, sink, heater unit, vanity, and trash bin. 126 2340 County Road 100 - Colorado Extreme 4 652 Melissa Ln, Carbondale, CO 81623 • RE-LAND.COM • 303.829.8362 Mechanical Systems: • Waste tanks hold 370 gallons • Fresh water tanks hold 100 gallons 2340 County Road 100 - Colorado Extreme 127 5 652 Melissa Ln, Carbondale, CO 81623 • RE-LAND.COM • 303.829.8362 3. Portable Air-Cooled Chiller Information: Two (2) portable chillers are proposed to be located on the site to ensure the rink ice is maintained at optimal temperatures throughout the season. They are stand alone units, located as shown on the Site Plan Exhibit included within the Application Package. • The chillers will run as needed during day-time hours when ambient ice/air temperatures raise above optimal freezing ranges. Chillers will not run during evening hours, after the facility is closed. • The selected models are the same low noise/quiet operating models that were used at the Crown Mountain Temporary Hockey Facility last year. 128 2340 County Road 100 - Colorado Extreme 6 652 Melissa Ln, Carbondale, CO 81623 • RE-LAND.COM • 303.829.8362 2340 County Road 100 - Colorado Extreme 129 7 652 Melissa Ln, Carbondale, CO 81623 • RE-LAND.COM • 303.829.8362 130 2340 County Road 100 - Colorado Extreme 8 652 Melissa Ln, Carbondale, CO 81623 • RE-LAND.COM • 303.829.8362 4. We are requesting that the Existing Small-Contractor’s Yard Approval remain in place during the temporary hockey rink period. If Colorado Extreme is able to successfully move forward with a permanent facility in the future, the Small Contractor’s Yard Special Use Permit would be vacated at that time. The only structure on site is the mobile office. This structure will remain in place as a site operations office for Blue Mind LLC. It will not be used for Colorado Extreme hockey functions and will not be publicly accessible. 5. Contact Information for the Union Ditch: There is no formal management entity or company for the Union Ditch. It has been run through an informal group of local landowners who own property and controlling ditch rights on Catherine Store Road/CR 100. Mike Kennedy, a local resident of over 40-years, is the point of contact. He oversees the collection and sharing of associated Union Ditch information and organizes management activities for the Ditch. Union Ditch of the Roaring Fork Valley c/o Mike Kennedy Mikekennedy@Sopris.net 970-379-3907 6. Traffic Study Update: The Basic Traffic Study has been updated to ensure consistency with the conclusions on page 7 of the report. A copy of the revised study is attached alongside this memo and will replace the previous version in the final application package and required hard copies. 7. Site and Temporary Rink Lighting Standards: Temporary hockey rink lighting will be provided by WiLL (Wisconsin Lighting Lab), a 50-year-old company that focuses on LED sports lighting products and technology. All products are professional grade and made in the USA to meet AASHTO standards. A noted in the following quote, it is anticipated that six (6) light poles with small area/flood LED fixtures will be used to light the rink. The lights will be used as needed during the three, 1 hour skate sessions (4pm, 5pm, 6pm), and then for closing operations (latest of 8:30pm shutdown). The partially shielded LED lighting fixtures will be mounted on top of 20’ black, powder-coated poles. Due to the partially shielded nature of this lighting product, we would like to request a waiver from the lighting standards. Fixture specifications: • Dimensions: 20.5” long x 14.4” wide • 24000 lumens @ 5000K / each • 120-277v input • Type 5 Wide Distribution The Type 5 (directed) distribution pattern has been selected to ensure that light is focused on the rink and the immediate periphery to safely support game play, spectators, and pedestrian movement around the rink. The selected lighting distribution and hood design (included/following) will avoid light spill outside of the immediate rink area and will not result in any impacts to neighboring property through light pollution and/or spill. 2340 County Road 100 - Colorado Extreme 131 9 652 Melissa Ln, Carbondale, CO 81623 • RE-LAND.COM • 303.829.8362 Lighting Product Quote: 132 2340 County Road 100 - Colorado Extreme 10 652 Melissa Ln, Carbondale, CO 81623 • RE-LAND.COM • 303.829.8362 Fixture Distribution Information: Note: Distribution pattern illustrated below is based on a 25’ tall pole. Final distribution pattern will be notably reduced due to recommended design pole height of 20’. Lighting Product Information: 2340 County Road 100 - Colorado Extreme 133 11 652 Melissa Ln, Carbondale, CO 81623 • RE-LAND.COM • 303.829.8362 134 2340 County Road 100 - Colorado Extreme 12 652 Melissa Ln, Carbondale, CO 81623 • RE-LAND.COM • 303.829.8362 2340 County Road 100 - Colorado Extreme 135 13 652 Melissa Ln, Carbondale, CO 81623 • RE-LAND.COM • 303.829.8362 Temporary Time Frame It is the intention of Blue Mind LLC to initiate the planning, design, and permitting of a permanent youth hockey facility at this site. Although they hope to develop this proposal and facility prior to next hockey season, we understand that may not be possible. If necessary, we would like to understand if an administrative extension on the temporary rink could be requested, as needed, for next year (2023-24 season). Thank you for your guidance on the application and review process. Please feel free to contact me with any additional questions. Sincerely, Nicholas DiFrank, PLA Principal 136 2340 County Road 100 - Colorado Extreme 2340 County Road 100 - Colorado Extreme 137 APPLICATION EXHIBITS Exhibit A: C1.0 Overall Site Plan Exhibit B: C1.1 Site Plan Exhibit C: C1.2 Grading + Drainage Plan Exhibit D: C2.0 Utility Plan Exhibit E: C3.0 Driveway Plan + Profile Exhibit F: C4.0 Vehicle Turning Simulation Exhibit G: Site Improvement Survey