HomeMy WebLinkAbout1.00 General Application MaterialsCommunity 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
Oil & Gas Development Oil & Gas Development Amendment
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): __________________
PROJECT DESCRIPTION
Existing Use: __________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
Proposed Use (From Use Table 3-403): _____________________________________________________
Description of Project: __________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
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: $_____________________________
Yehuda Romano and Tovi Romano
11919 89th Place NE
Kirkland, WA 98034
October 25, 2023
Garfield County
Attn: Glenn Hartmann
108 8th Street, Suite 219
Glenwood Springs, CO 81601
Subject: Authorization for Permit Application
Dear Mr. Hartmann,
We, Yehuda Romano and Tovi Romano, as tenant in common owners with FreeUp
Storage Silt, LLC of the storage facility and related property located at 257 S. 16th Street,
Silt, CO 81652 (the “Property”), are writing to inform you and put on record our full
authorization to Spartan Construction Management, LLC.’s Mr. Jack Mutty, Mr. Zach
Gumper, and Mr. Aaron Saunders and Spartan Investment Group’s Mr. Kevin Holst
(collectively, the “Authorized Parties”) to represent us in all matters pertaining to the
application and processing of permits for this aforementioned address.
The Property’s planned expansion at the existing FreeUp Storage facility is necessary and
we have given full permission to the Authorized Parties to act as our representatives in
this respect. We hereby confirm that they are empowered to take all necessary and
reasonable actions on our behalf to apply and process the permits with Garfield County,
CO.
In order to ensure a seamless process, we would appreciate it if you directly communicate
with the Authorized Parties regarding all matters related to the application process. We
have faith that they are well-equipped and competent to handle this matter on our behalf.
Should you need any further information or confirmation from us, feel free to contact us
at our postal or email address.
We thank you in advance for your cooperation and believe this will be a beneficial project
for all involved.
1
Best Regards,
________________________________________________________________________
Yehuda Romano
Email: yehuda@pingfix.com
________________________________________________________________________
Tovi Romano
Email: tovi_romano@hotmail.com
2
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
FreeUp Storage – 357 S 16th St, Silt, CO August 30, 2023
Floodplain Development Permit – Engineering Report
SE Job #33072.01 Page 1
502 Main Street, Suite A3, Carbondale, CO 81623 970-704-0311
Glenn Hartmann
Garfield County – Principal Planner
108 8th Street, Suite 401
Glenwood Springs, CO 81601
Email: ghartmann@garfield-county.com
RE: FreeUp Storage – 357 S 16th St, Silt, CO 81652
Garfield County Floodplain Development Permit – Engineering Report
SE Job #33072.01
Dear Mr. Hartmann,
Sopris Engineering, LLC (SE) has prepared the following report in support of a Garfield County Floodplain
Development Permit application for FreeUp Storage located at 357 S 16th St on the east side of Silt. FreeUp
Storage is proposing four new storage buildings, with two of those buildings falling inside the FEMA mapped 100-
year floodplain (flood fringe). There are eight existing storage buildings on the site that were built in 2008.
A general vicinity map has been attached along with a map showing owners within 200-ft of the subject property.
Background & Project Summary
FreeUp Storage lies on a ±9.3-acre parcel generally located north of the Colorado River and I-70 and west of S 16th
Street. The site is accessed from the east off S 16th Street via Highway 6. The property is generally flat and drains
mostly in a southwest direction. Improvements to the site include the addition of three, single-story, stepped
storage buildings along with one climate-controlled locker storage building. FreeUp Storage submitted building
permit drawings (architectural and civil) to Garfield County last year. Permits were not issued because the property
was under a Letter of Map Revision due to Fill (LOMR-F) review with FEMA and the requirements for a Floodplain
Development Permit had not been addressed. The LOMR-F has since expired and FreeUp Storage is moving
forward with preparing the necessary report and supporting documents for a Floodplain Development Permit.
The Civil Design Drawings prepared by Firwood Design Group have since been revised and are dated August 24,
2023. The drawings are attached for reference. It should be noted that the elevations shown on the Firwood
drawings are on the 1988 vertical datum. The associated flood mapping and flood studies relevant to the site and
report use elevations on the 1929 vertical datum which is approximately 3.95-ft lower. These datum differences
will be further described below.
The initial construction on the subject site for the existing 8 storage buildings was completed in 2008. SE was hired
as the design engineer and also prepared the documents and deliverables for the Floodplain Development Permit
Application. The original application and report, dated May 14, 2008, along with the issued Floodplain
Development Permit have been attached for reference. In the report, SE described the relevant flood maps and
flood studies along with supporting analysis which concluded that the proposed building finish floor elevations for
the two buildings falling within the floodplain are a minimum 1-foot above the highest expected flood elevation.
A pre-application video conference was held on July 11, 2023 with the County, owner’s representatives (Spartan
Construction Management), and SE. A copy of the pre-application conference summary is attached for reference.
FreeUp Storage – 357 S 16th St, Silt, CO August 30, 2023
Floodplain Development Permit – Engineering Report
SE Job #33072.01 Page 2
502 Main Street, Suite A3, Carbondale, CO 81623 970-704-0311
Existing Conditions, Floodplain Mapping, Floodplain Study
The subject site falls within the flood fringe of the 100-year floodplain (specifically Zone A, no base flood elevations
determined) as shown on FEMA FIRM Map #0802051092C Revised August 2, 2006. A Firmette for this map has
been attached for reference. The floodplain that falls on the subject property was delineated based on a Town of
Silt Floodplain Management Study dated July 1987 by the USDA Coil Conservation Service (SCS). The following is
language from the 2008 floodplain report by SE that describes the SCS study:
The 1987 SCS Flood Study is a global study of flooding and floodplain management in Silt. The study
involves five tributaries to the Colorado River. Each tributary has defined areas and flow characteristics
with dedicated drainage conveyance paths that route potential flood water under the Railroad,
Interstate, and State highway surfaces. The subject site is located between the described Seventh Street
and 16th Street drainages and floodplain zones to the west and east respectively. The 100-year flood
flows in each basin have been modeled in the study with resultant base flood elevations delineated.
The study indicates that the 100-year flood flows in each basin are conveyed through the defined
drainage crossings. The box culvert conveyance tunnels have excess capacity to convey flood flows
under the Interstate. The county road adjacent to the east property line defines and contains the flood
plain on the east side of the property with a delineated base flood elevation of 5434.2. The study
indicates that the existing drainage conveyance tunnel under I-70 has the capacity to discharge the
flood flow from the basin. The model indicates the unrestricted 100-year flow through this conveyance
flow path channel. The upstream cross section 1972.2 and the downstream cross sections 1972.1 and
1970, model this flow condition, showing that the full 381 cfs continues south under the freeway.
SE wanted to confirm that the 16th Street corridor still acts as a dam containing the upstream, 16th Street drainage.
It was determined that the low point on the 16th Street corridor was elevation 5432.92 on the adjacent asphalt
path. The upstream cross section #1972.2 from the SCS study has a base flood elevation of 5434.20. Note that in
2008, the path paralleling 16th Street and continuing to the box culvert under I-70 did not exist. SE believes that
construction of this path lowered the corridor from what existed in 2008. Because of this, SE has modeled and
estimated a flow rate for the flood water that would overtop the 16th Street corridor and pass through the site. The
location and path of the flood water generally matches the FEMA flood mapping which shows a strip between the
7th Street and 16th Street flood drainages, bound on the south by the I-70 embankment, and on the north inside
the property. A drainage swale is being proposed between the game fence on the north I-70 ROW and the south
side of the existing and proposed buildings. The swale design and drainage calculations are provided later in this
report. Applicable exhibits and extracts from the Silt SCS Flood Study have been attached for reference.
It should be noted that a FEMA Flood Insurance Study (FIS) #0800223V000A, Revised August 2, 2006, was used to
define the 100-year floodplain boundary for the Colorado River. The downstream and western limit of the study is
the eastbound I-70 bridge crossing the river west of the Silt exit. The upstream and eastern limit of the study is the
County Road 311 bridge crossing the river on the east side of the Hotel. Cross Sections A through G that can been
seen on the FEMA FIRM Map #0802051092C show Cross Section G as the highest cross section in the study. County
Road 311 and S. 16th Street are on the same north/south line. In other words, S 16th Street is the same upper limit
on the Colorado River as Cross Section G. The base flood elevation at Cross Section G is 5428.20. The flood fringe
at this cross section does not overtop the I-70 embankment and does not reach the subject site. Applicable
exhibits and extracts from the Silt FIS Study have been attached for reference.
FreeUp Storage – 357 S 16th St, Silt, CO August 30, 2023
Floodplain Development Permit – Engineering Report
SE Job #33072.01 Page 3
502 Main Street, Suite A3, Carbondale, CO 81623 970-704-0311
Proposed Development
Improvements to the site include the addition of three, single-story, tiered storage buildings along with one
climate-controlled locker storage building. Two of the single-story buildings (K and J) are to be built within the
delineated 100-year floodplain (flood fringe). The other proposed buildings (I and L) are outside of the flood
boundary. The Firwood Civil Plans (attached) and associated grading and elevations are on the NAVD 1988 vertical
datum. The FEMA flood mapping and Silt Flood study elevations are on the NGVD 1929 vertical datum. The 1929
datum is approximately 3.95-ft lower than the 1988 vertical datum in this location. A summary of the proposed
finish floor elevations (FFE) for the four new buildings on each datum are shown below:
Building 1988 Datum (Civil Plans) 1929 Datum (FEMA Docs)
I 5434.50 to 5435.50 5430.55 to 5431.55
J 5433.90 to 5434.90 5429.95 to 5430.95
K 5432.50 to 5433.50 5428.55 to 5429.55
L 5434.40 to 5435.40 5430.45 to 5431.45
SE utilized the AutoCAD Civil 3D Hydraflow Express Extension, 2022 version, to estimate the base flood flow rate
and associated elevations through the proposed drainage swale on the south side of the existing and proposed
buildings. See attached SE drawings SE-C-1.0 (Drainage Swale Site Plan) and SE-C-2.0 (Hydraflow Express Channel
Reports) for design information in support of the proposed swale.
The flow rate of the base flood through the site was calculated at 37.03-cfs based on the cross section on the 16th
Street corridor (Section 1) and a base flood elevation of 5434.20. A cross section was then prepared at each end of
the buildings that parallel the proposed swale (Sections 2–7). Hydraflow uses inputs for cross section geometry,
Manning’s “n” roughness coefficients, slope of the channel, and calculates the high water level based on a flow rate
through the section using Manning’s Equation. SE utilized a conservative flood flow rate of 40-cfs and designed the
drainage swale to carry the flow a minimum of 1-ft below the finish floor elevations of the buildings. Below is a
summary of the finish floor elevations (FFE) and the associated base flood elevations (BFE) for 40-cfs flood flow
through the drainage swale at each cross section. Supporting output reports from Hydraflow have been attached.
Cross Section FFE (1929 Datum) BFE (1929 Datum)
Section 1 - 16th Street N/A 5434.20
Section 2 – Bldg E East 5432.15 5430.91
Section 3 – Bldg E West 5430.65 5429.60
Section 4 – Bldg J East 5430.95 5429.40
Section 5 – Bldg J West 5429.95 5428.90
Section 6 – Bldg K East 5429.55 5428.23
Section 7 – Bldg K West 5428.55 5427.25
Note the FFEs of the other existing and proposed buildings located outside of the floodplain boundary were
confirmed to be minimum 1-ft above the BFEs as well.
FreeUp Storage – 357 S 16th St, Silt, CO August 30, 2023
Floodplain Development Permit – Engineering Report
SE Job #33072.01 Page 4
502 Main Street, Suite A3, Carbondale, CO 81623 970-704-0311
The drainage swale on the south side of the property is designed to collect the flood water that overtops the 16th
Street corridor. The rest of the site has been designed to drain south and west into the drainage swale (See
Firwood drawings). The swale will safely carry drainage west of the development into a low-lying vegetated field.
Firwood prepared a storm/drainage report with their building permit deliverables describing existing and proposed
drainage patterns in more detail. As stated in Firwood’s report, the low-lying vegetated field will “provide long
retention time of the stormwater volume prior to discharge off-site.” That report has been attached for reference.
Garfield County Land Use & Development Code (LUDC) Provisions
The following describes sections in the LUDC that the proposed project are to comply with and how the project
complies. These sections are from the “Regulatory Provisions Applicant is Required to Address” cited in the Pre-
Application Conference Summary from the County.
Section 3-301 – Floodplain Overlay Regulations including but not limited to 303-1 (B) & (C) – General & Specific
Standards and 3-301(E)(3) – Shallow Flooding & Drainage Paths
Section 303-1(B) standards to be addressed with the architectural/structural building permit drawings if necessary.
Section 303-1(C) are “Specific Standards” for improvements located “In the Floodplain Overlay, where BFE data has
been provided.” The proposed improvements on this site are located in Zone A on the FEMA FIRM map which is
designated as areas where “No base flood elevations are determined.” However, the 1987 SCS study allows base
flood elevations to be estimated based on the cross sections and flood drainages described. SE calculated the flood
flow that will enter the site from the 16th Street drainage and then calculated the corresponding base flood
elevations in the swale at each end of the buildings. The proposed drainage swale is designed to allow for the finish
floor elevations to be minimum 1-ft above the base flood elevation. Section 303-1(C) Subsection (2) states
“Nonresidential Construction shall have the Lowest Floor elevated to at least 1 foot above the Base Flood level.”
Section 3-301(E) are “Standards for Areas of Shallow Flooding” and require “Adequate drainage paths around
structures to guide flood waters around and away from proposed structures. Drainage shall not adversely impact
adjacent properties.” As described in the Firwood Storm Report, “The objective of the grading plan is to create
better defined flow paths for stormwater in the post-construction site condition.” Floodwater and drainage will be
safely routed through the site to the swale on the south side of the property then routed west to the low-lying
vegetated field which will “provide long retention time of the stormwater volume prior to discharge off-site.”
Section 4-109 – Development in the 100-Year Floodplain
This section outlines the requirements for development in the 100-year floodplain including receipt of a Floodplain
Development Permit prior to any development, Administrative Review process, conformance with Section 3-301,
and weighing of numerous relevant factors such as danger from floodwaters, safety of access to the property in
times of flooding, expected floodwater characteristics (height, velocity, duration), and others. This site is not in a
floodway or major drainage. As described above, floodwater and drainage will be safely routed through the site to
the swale on the south side of the property. The swale will carry drainage and floodwaters west to the low-lying
vegetated field which will “provide long retention time of the stormwater volume prior to discharge off-site.”
FreeUp Storage – 357 S 16th St, Silt, CO August 30, 2023
Floodplain Development Permit – Engineering Report
SE Job #33072.01 Page 5
502 Main Street, Suite A3, Carbondale, CO 81623 970-704-0311
Section 4-203 – Submittal Requirements as appropriate
The requirements in this section are for all Land Use Change permits. The pre-application conference summary
also outlines the submittal requirements which have been included within this report and the attachments. Below
is a summary of the requirements and comments as applicable:
- Application Form – To be submitted separate from this report.
- Proof of ownership – To be submitted separate from this report.
- Authorization to represent as appropriate – To be submitted separate from this report.
- Statement of authority – To be submitted separate from this report.
- List of property owners within 200-ft – Attached
- List of mineral rights owners – To be submitted separate from this report.
- Payment of application fees and Agreement to Pay Form – To be submitted separate from this report.
- Project description – Within this report and other attached reports.
- Vicinity Map – Attached
- Site Plan – See Firwood Civil Drawings Attached
- Floodplain Analysis – See this document
- Details and Plans for the Proposed Improvements – See Firwood Civil Drawings Attached
- Address flood impacts from proposed improvements – See this document
- Construction Practices, Water Quality, Revegetation and Restoration Plans – See attached Civil Drawings
and Storm Report Attached
- Previous Floodplain Report and Application – Attached
Section 4-203(O) – Floodplain Analysis
This report has been written to address the applicable requirements within this section of the LUDC. Note that a
certificate from a qualified professional engineer or architect that the nonresidential flood-proofed structure shall
meet the flood-proofing criteria in section 3-301.C.2, if required, shall be addressed by the architect and structural
engineer in the building permit drawings.
Section 7-203(B) & (C) – Protection of Water Bodies
The site is well beyond the 35-ft setback from the High Water Mark of waterbodies. The closest applicable
waterbody adjacent to this site would be the Colorado River which is south of I-70, south of the subject site.
FreeUp Storage – 357 S 16th St, Silt, CO August 30, 2023
Floodplain Development Permit – Engineering Report
SE Job #33072.01 Page 6
502 Main Street, Suite A3, Carbondale, CO 81623 970-704-0311
Conclusion:
Based on analysis of the FEMA Flood Mapping and associated Flood Studies, it is SE’s opinion that the site can be
developed in compliance with Garfield County Floodplain Development standards. Similar to SE’s findings
concluded in 2008, the lowest finish floor elevation of the proposed buildings within the floodplain (and outside of
the mapped floodplain) is minimum 1-ft above the anticipated base flood elevation. Floodwater and drainage will
be safely routed through the site to the swale on the south side of the property. The swale will carry drainage and
floodwaters west to the low-lying vegetated field which will “provide long retention time of the stormwater volume
prior to discharge off-site.”
Sincerely,
SOPRIS ENGINEERING, LLC
Kyle Sanderson, PE
Project Manager
Attachments:
1 – General Vicinity Map
2 – Owners within 200-ft
3 – Firwood Civil Engineering Design Plans
4 – 2008 Floodplain Development Application and Report
5 – 2008 Floodplain Development Permit
6 – Pre-Application Conference Summary
7 – FEMA Firmette – 0802051092C
8 – Town of Silt SCS 1987 Flood Study Summary Pages
9 – Town of Silt Flood Insurance Study Summary Pages
10 – Sopris Engineering Drainage Swale Drawings
11 – Hydraflow Express Reports
12 – Firwood Storm Report
Land Title Guarantee Company
Date: November 23, 2021
Subject: Attached Title Policy FREEUP STORAGE SILT, LLC, A COLORADO LIMITED LIABILITY COMPANY AS
TO AN UNDIVIDED 93.79% INTEREST AND YEHUDA ROMANO AND TOVI ROMANO, AS TO AN UNDIVIDED
6.21% INTEREST for 357 16TH STREET, SILT, CO 81652
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 Guarantee Company be able to
provide you with the title services quickly and professionally, 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
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 Knowledge.
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 2006-2023 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 invalid 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)
environmental 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)
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 conveyance 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
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.
(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 policy.
(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)
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 requested 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 Policy, 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 from 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
(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
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)
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)
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 Insured 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 contained 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.
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 court 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 brought 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.
Order Number: ABS63017571 Policy No.: OX63017571.13534291
Amount of Insurance: $3,030,000.00
Property Address:
357 16TH STREET, SILT, CO 81652
1. Policy Date:
October 04, 2021 at 2:29:37 P.M.
2. Name of Insured:
FREEUP STORAGE SILT, LLC, A COLORADO LIMITED LIABILITY COMPANY AS TO AN UNDIVIDED 93.79%
INTEREST AND YEHUDA ROMANO AND TOVI ROMANO, AS TO AN UNDIVIDED 6.21% INTEREST
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:
FREEUP STORAGE SILT, LLC, A COLORADO LIMITED LIABILITY COMPANY AS TO AN UNDIVIDED 93.79%
INTEREST AND YEHUDA ROMANO AND TOVI ROMANO, AS TO AN UNDIVIDED 6.21% INTEREST
5. The Land referred to in this Policy is described as follows:
A TRACT OF LAND SITUATED IN THE SOUTH 1/2 OF THE SOUTH 1/2 OF THE NORTH 1/2 OF THE
NORTHEAST 1/4,
AND LOTS 1 AND 2,
SECTION 10,
TOWNSHIP 6 SOUTH, RANGE 92 WEST OF THE 6TH PRINCIPAL MERIDIAN,
LYING SOUTHERLY OF THE D&RGW RAILROAD RIGHT OF WAY LINE,
NORTHERLY OF U.S. HIGHWAY INTERSTATE 70 RIGHT OF WAY LINE,
AND WESTERLY OF ROAD NO. 311.
COUNTY OF GARFIELD,
STATE OF COLORADO.
Copyright 2006-2023 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.
Old Republic National Title Insurance Company
Schedule A
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 or in Acts authorizing the
issuance thereof; (c) water rights, claims or title to water.
ITEM NOS. 1 THROUGH 3 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 WESTERN MINI STORAGE, 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 FREEUP STORAGE SILT, LLC, A COLORADO LIMITED LIABILITY COMPANY AS
TO AN UNDIVIDED 93.79% INTEREST AND YEHUDA ROMANO AND TOVI ROMANO, AS TO AN
UNDIVIDED 6.21% INTEREST.
6.TAXES AND ASSESSMENTS FOR THE YEAR 2021 AND SUBSEQUENT YEARS.
7.EXISTING LEASES AND TENANCIES.
8.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 RECORDED NOVEMBER 23, 1891 IN BOOK 12 AT
PAGE 80, AND RECORDED APRIL 27, 1892 IN BOOK 12 AT PAGE 142, AND RECORDED OCTOBER 12,
1972 IN BOOK 436 AT PAGE 483.
9.TERMS, CONDITIONS AND PROVISIONS OF OIL AND GAS LEASE RECORDED MARCH 15, 2005 IN BOOK
1670 AT PAGE 696, ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN.
10.TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 2007-58 RECORDED JULY 05, 2007 IN
BOOK 1946 AT PAGE 179.
11.MATTERS DISCLOSED ON ALTA / NSPS LAND TITLE SURVEY PREPARED BY SAMUEL D. PHELPS ON
BEHALF OF SURVCO, INC., CERTIFIED AUGUST 18, 2021, JOB NO. 21.028
SAID DOCUMENT STORED AS OUR IMAGE 38323291 AND 38323309
A: EXCEPTION FOR RIGHTS OF UTILITIES WITHOUT THE BENEFIT OF A RECORDED EASEMENT.
B: EXCEPTION FOR ACCESS AND MAINTENANCE OF SIGN WITHOUT THE BENEFIT OF A RECORDED
EASEMENT.
C: FENCELINE IS NOT COINCIDENT WITH PROPERTY LINES.
Old Republic National Title Insurance Company
(Schedule B)
Order Number: ABS63017571 Policy No.: OX63017571.13534291
12.DEED OF TRUST DATED OCTOBER 01, 2021, FROM FREEUP STORAGE SILT, LLC, A COLORADO
LIMITED LIABILITY COMPANY TO THE PUBLIC TRUSTEE OF GARFIELD COUNTY, COLORADO FOR THE
USE OF KYBER-JEWELS VENTURES, LLC, AS TO AN UNDIVIDED 34.471% INTEREST; SOUTHERN PINES
HOLDINGS, LLC, AS TO AN UNDIVIDED 34.471% INTEREST; EQUITY TRUST CO CUSTODIAN FBO
PAULINE CHRISTISON IRA, AS TO AN UNDIVIDED 13.788% INTEREST; MIKE RIBERIO, AS TO AN
UNDIVIDED 10.341% INTEREST; JOHN MANN, AS TO AN UNDIVIDED 3.447% INTEREST; ORCHID TRUST
#1. AS TO AN UNDIVIDED 1.758% INTEREST; AND SUNRISE MOUNTAIN ESTATE, AS TO AN UNDIVIDED
1.724% INTEREST TO SECURE THE SUM OF $2,901,000.00 RECORDED OCTOBER 04, 2021, UNDER
RECEPTION NO. 964216.
Old Republic National Title Insurance Company
(Schedule B)
Order Number: ABS63017571 Policy No.: OX63017571.13534291
GARFIELD COUNTY
Building & Planning Department
108 Bth Street, Suite 401
Glenwood Springs, Colorado 81601
Telephone: 970.945.8212 Facsimile: 970,384.3470
www. oa rf ie l_d- cou nty. com
Floodplain Development Permit
GENERAL INFORMATION
Þ General Location of the Properly: ll p"*à" at l*,¿. Mr+te¡,<+ t/A..o{ fuì"n 10,
Þ Existing Use & Size of Property in acres: 1,? a"¡.z¿< t , 'n,e.)offl agni','Jlr:¿,,yal .-
Þ DescrÍption of Proposed Project;
Þ Zone District(s): Gnweri,d) 'ãgaatal .
Þ Narne of Owner of the Property
> Address: ?/B Qw¿y fua"l 352 ,- ,Telephone:
i City " Rifiz State: CO Zip Code: fr16æ ._FAX
Þ Natne olOwner's Representativg. if .any (Altornqy,_PlanneLelc):
Þ Address: lÞZ l"løtn St Su+e. ¿Z Telephone : (çlo)toq-æl l
Þ City: Êq-l"ÐE"lrJe State: CP Zip Code: 8t6zs FAX: 7ÐV-o3l3
STAFF USE ONLY
- Doc. No.:
.- Planner:
Date Submitted
Hearing Date:
TC Date
May 14,2008
APPI,ICATIOI-{ FOR A FLOODPLAIN DEVELOPMENT PERMIT
FOR CONSTRTJCTION ACTIVITIES PROPOSED WITHIN THE
FLOOD FRINGE ASSOCIATED WITH MINI STORAGE
DEVELOPMEì{T WITH A I,IMITED PORTION OF THE BUILDING
ENVELOPE BEING WITHIN THE I OO-YEAR FLOOD PLAIN
Ilepresentatives:
Sopris Engineering LLC
502 Main Street, Suite ¿tl3
Carhondale, Colorado, 8l 623
John Petaisto EI
Design lìngineer
Yancy Nichol, Pll
I'rnicct Manager
A¡rplicant:
Bruce Snode
918 County Road 352
Rille, CO 81650
Ploperty Owners:
Westem Mini Storage [-LC
918 County Road 352
Rille, CO 81650
&r.¡ l'f'
I
Applicant: Bruce Slode
SE Job No. 27246.01
MaY '14,2008
PageZ
APPLICATION FOR A FLOODPLAIN DEVELOPMENT PERMIT FOR MINI-
STORAGE DEVELOPMENT V/ITH A LIMITED PORTION OF THE
BUILDING ENVELOPE BtrING TTITHIN THE IOO-YEAR FLOOD PLAIN
Pro¡ærty Owner Vy'estern Mini Storage LLC
918 County Road 352
Rifle, CO 81650
Property Location: The subject property is located in the northeast % of Section 10, Township
6 south, Range 92 West of the óth P,M. in Garfield County, CO, west of
County Road 3l 1, directly north of Interstate 70,
Request fol Approval:(a) A Floodplain Development Permit for proposed construction of mini-
storage struÇtures within a limited porlion of the development area that is
located within the delineated floodplain (flood fringe). The linrited area of
construction activities is associaled with the south mini-storage structute,
which is partially in the floodplain.
(b) Approval of construction iu accot'dance with Garfield County's
Regulations regarding Development Pernits and work in flood plains.
SUMMARY OF -REQUESTS
The applicarrt is requesting a Floodplain Development Pennit in otder to construct the south mini
storage structurç onsite which encroaches into the delineated floodplain (flood fringe), The
proposed development area onsite is on the east side of the sitc. No development or disturbance
is proposed within the floodplain on the west side of the site. The proposed building is 3 feet
above existing grade.
EXISTINÛ CONDITIONS AND FLOCIDPLAIN
The site is shown on FEMA Flood Insurance Rate Map (FIRM) number 08û2051092C for
unincorpomted areas in Garheld County, CO, revised August 2,2t06. The floodplain onsite is
in the Zone A. flood hazard areã, where no base flood elevations have been dcteunined. The
floodplain was delineated based on a 1987 Floodplain Management Study of the Town of Silt,
prepared by the USDA Soil Conservation Service (SCS). The site elevations and the FEMA
FIRM mapping elevations are both refereuced to the 1929 verticaldatum.
The 1987 SCS Flood Study is a global study of flooding and floodplain management in Silt. The
study involvcs fîvc tributarics to the Colorado Rivcr. Each tributmy has dcfined arens ancl flow
characteristics with dedicated drainage conveyance paths that route potential floods water under
the Railroad, Interstate and State highway surfaces. The subject site is located between the
described Seventh Street ând l6rl' Street drainages anti lloodplaitt zortes to the west and east
respectively. The 1O0-year floocl flows in each basìn have beeû rtrocleletl in the study with
rresultant base flood elevations delineated, The study indicates thal the 100-year flood flows irr
each basin are conveyed through the defined drainage crossings. The box culvert conveyance
tunnels have excess capacity to convey flood flows under the Interstate highway. The county
road adjacent to the east property line defìnes and contains the flood plain on the east side of the
Applicant: Bruce Snocle
SE Job No. 27246.01
May 14,2008
Page 3
property with a delineated base flood elevation of 5434.2. The study indicates that the existing
drainage conveyance tunnel under I-70 has the capacity to discharge the flood flow from the
basin. The model indicates the urrestricted 10O-year flow through this conveyance flow path
channel, The upstream cross section 1972.2 and the downstream cross sections 1972.1 and 1970,
model this flow conclition, showing that the full 381 cfs continues south under the f'reeway.
See Appendix 'A' for floodplain documents.
'I'he site generally slopes to the south west and is bounded on the west by the limits of the
seventh Street drainage floodplain with a delineated base flood elevation of 5424.2 at the
conveyance crossing. The south side of the site is bounded by a narrow sbip of delineated
floodplain extended to the toe of the Interstate embankment between the two floodplain
drainages. This narrow strip appears to be defined bnse on relative elevations between the two
defined drainage floodplain areas, highway embankment and the site. The lower grades within
the strip appear to be associated with the seventh Street flood drainage floodplain along the north
perimeter adjacent to the railway. Thercfore we infer that tlris strip of lancl may at times be
inundated with stagnate backwater. That would effectively drain to the west along the toe of the
highway embankment to the seventh street conveyance crossing. The flood study does not
indicate or report any cross basin conveyance of flood flow up to the 100- year event. The
possibility exists that the strip may convey flood flows duling an extrcme event above the 100-
year flood or if an obstruction exists in the 16tl' Street drainage conveyance crossing. However,
based on the size of the Box culvert tumel this scenario is highly unlikely, Therefore the
proposed encroachment frll in limited area of the floodplain near the soutlreast corner of the site
will not adversely affect the existing drainage patterns or flood conditions. The incidental
drainage path will be maintained at existing grades between the site's frll slope and the highway
embankment,
Based on the available data regarding the two basin's flow conditions and the existing site
conditions, we believe that only a small amount of backwater flooding will occur during the 100
year event in the delineated flood plain south of the site, The existing grades in the delineated
floodplain indicate that irrcidental backwater flooding will be slrallow with low receding flow
velocity, as a result of rising flood water staging from the seventh street flood basin. No
developrrrent or disturbance is proposed on the west half of the site ,
The Regulations with respect to the floodplain only require a development permit for "any use to
be developed in the flood plain." Garfield County Zoning Resolution, $ 6.08,01. A portion of
the Applicants' proposed construction and uses are inside of the mapped 1O0-year flood plain. A
portion of the proposed mini storage improvements are within the 100-year flood fringe only;
therefore the construction with appropriate flood proof construction and stabiliz¿tion of any
placed fill is applicable by definition under the Floodplain Regulations (6.02.10).
USACE PERMITTING
The pro¡rosed conslruclion does not involve the placement r.rfany structures or materials that will
adversely affect the existing flood hydrology or impact any delineated wetlands. No disturbance
of wetlands nr existing floodplain conditions is proposecl or applicable, Theref¡,re no USACE
permitting is required.
Applicarrt: Bruce Srrode
SE Job No. 27246.01
May 14,2008
Page 4
CONSTRUCTION ACTIVIT IES IN THE FLOODPLAIN
Section 6.00 of the ZoningResolution permits construction as discussed hereirr. Because a
portiorr of the proposed improvements on the site is impacted by the 1O0-year flood plain,
Applicants herein address the flood plain r'egulations,
The applicable maps identify that the south mini stomge structure and a small portion of the next
niini storage structure to the north are within the 1O0-year flood plain (flood fringe). The
construction activities in the floodplain are limited to the south mini storage structure and an
additional 900 S.F. of the next structure fo the north. The proposed construction includes an
engineered foundation, walls, placement of structural fill materials typical for mini storage
construction, and site grading down to the existing grade.
The proposed south rnirri storage structute is setback l0' from the ptoperty line, and the firrish
floor of the structure is approximately thrre feet above the existing grade. The area of
construction within the floodplain would slightly resttict the backwater storage area however
adequate drainage conveyance area will be maintained for potential flood waters during events
exceeding the 1O0-year flood. The building finish floor elevations will be I' above the highest
expected fl ood elevation.
No storage or disposal of any materials is proposed within the floodplain. No utilities, water or
sanitary service will be located within the flood fringe area. The finished construction will be
resistant to flood damage. We would recommend that the south foundation wall for the south
mini storage structure, near I-70, extend 4' below the finish floor of the storage units.
Applicant:Bruce Snode
SE Job No. 27246.01
Muy 14,2008
Page 5
APPËNDICES
The following tlocuntents are appended he¡eto:
Appendix "À" Sheet 1-Site plan, Sheet 2-Grading & Drainage Plan,2006 FEMA Flood
Insurance Rale Maps, 1987 SCS Flood Study exhibits.
April2a,2008
APPLICATION FOR A FLOODPLATN DEVELOPMENT PERMTT
FOR CONSTRUCTION ACTIVITIES PROPOSED TVITHIN THE
FLOOD FRTNGE ASSOCIATED WITH MINI STORAGE
DEVELOPMENT WITH A LIMITED PORTTON OF THE BUILDIhTG
ENVELOPE BEING V/ITHIN THE IOO-YEAR FLOOD PLAIN
Representatives:
Sopris Engimæring LLC
502 Main $tret, Suite A3
Carbondale" C-olorado, 8 I 623
John Petaisfo EI
Design Engimeer
Yancy Nichol, PE
Project Maruager
Applicant:
Bruce Snød
918 CountyRoad 352
Rifle, CO t[650
Property Or¡ra¡ers:
Western Mimi Storage LLC
918 CountyRoad 352
Rifle, CO E[650
,ll !ll i
Applicant: Bruce Snoacl
SE Job No. 27246.01
April 24,2008
Page2
APPLICATION FOR A FLOODPLAIN DEVELOPMENT IIERMIT FOR MINI-
STORAGE DEVELOPMENT WITH A LIMITED PORTION OF TITE
BUILDING ENVELOPE BEING \MITHIN TFIE IOO.YEAR FLOOD PLAIN
Property Owner W.estern Mini Storage LLC
918 County Road 352
Rifle, CO 81650
Property Location: 'I he subject property is located in the northeast '/¿ of Section I U, 'l'ownship
6 south, Range 92 \Mest of the 6'h P.M. in Garflreld County, CO, west of
County Road 311, directly north of Interstate 70.
Request for Approval:(a) A Floodplain Development Permit for proposed construction of mini-
storage structures within a limited portion of the development area that is
located within thc delineated floodplain (flood fringe). The limited area of
construction activities is associated with the south mini-storage structure,
which is partially in the floodplain.
(b) Approval of construction in accordance with Garfield County's
Regulations regarding Development Permits and work in flood plains.
SUMMARY OF REQUESTS
The applicant is requesting a l'loodplain Development Permit in order to construct the south mini
storage structure onsite which encroaches into the delineated floodplain (flood fringe). The
proposed development area onsite is on the east side of the site. No development or disturbance
is proposed within the floodplain on the west side of the site. The proposed building is 3 feet
above existing grade,
EXISTING CONDITIONS AND FLOODPLAIN
The site is shown on FEMA Flood Insurance Rate Map (FIRM) number 0802051092C for
unincorporated areas in Garfield County, CO, revised August 2,2006. The floodplain onsite is
in the Zone A flood hazard area, where no base flood elevations have been determined. The
floodplain was delineated based on a 1987 Floodplain Managernent Study of the Town of Silt,
plepared by the USDA Soil Conservation Service (SCS). The site elevations and the FEMA
FIRM mapping elevations are both referenced to the 1929 vertical datum.
The 1987 SCS Flood Study is a global study of flooding and floodplain management in Silt. The
study involves five tributaries to the Colorado River. Each tributary has defined areas and flow
characteristics with dedicated drainage üonveyance paths that route potential flootls water under
the Railroad, Interstate and State.highway surfaces. The subject site is located between the
described Seventh Street and l6th Street drainages and floodplain zones to the west and east
respectively. The 100-year flood flows in each basin have been rnodeled in the study with
resultant base flood elevations delineated. The study indicates that the 1O0-year flood flows in
each hasin are conveyed through the defined drninagc crossings. The box culvert conveyence
tunnels have excess capacity to convey flood flows under the Interstate highway. The county
road adacent to the east prnpcrty line defines and contains the flaod plain on the east side of the
Applicant: Bruce Snoad
SE Job No, 27246.û1
April24,2008
Page 3
property with a delineated base flood elevation of 5434.2, The study indicates that the existing
drainage conveyance tunnel under I-70 has the capacity to discharge the flood flow from the
basin. The model indicates the unrestricted 100-year flow through this conveyance flow path
channel. The upstream cross section 1972.2 and the downstream cross sections 1972.1and 1970,
model this flow condition, showing that the full 381 cfs continues south under the freeway.
See Appendix 'A' for floodplain documents.
The site generally slopes to the south west and is bounded on the west by the limits of the
seventh Street drainage floodplain with a delineated base flood elevation of 5424.2 atthe
conveyanee crossing. The south side of the site is bounded by a narrow strip of delineated
floodplain extended to the toe of the Interstate embankment between the two floodplain
drainages. This narrow strip appears to be defined base on relative elevations between the two
deflrned drainage floodplain areas, highway embankment and the site. The lower grades within
the strip appear to be associated with the seventh Street flood drainage floodplain along the north
perimeter adjacent to the railway. Therefore we infer that this strip of land may at times be
inundated with stagnatc backwater. That would effectively drain to the west alongthe toe of the
highway ernbankment to the seventh street conveyance crossing. The flood study does not
indicate or report any cross basin conveyance offlood flow up to the 100- year event. The
possibility exists that the strip may convey flood flows durirrg an extreme event above the 100-
year flood or if an obstruction exists in the l6'h Street drainage conveyance crossing. However,
based on the size of the Box culvert tunnel this seenario is highly unlikely. Therefore the
proposed encroachment fill in limited area of the floodplain near the southeast corner of the site
will not adversely affect the existing drainage pâttems or flood conditions. The incidental
drainage path will be maintained at existing grades between the site's flrll slope and the highway
embankment.
Based on the available data regarding the two basin's flow conditions and the existing site
conditions, we believe that only a small amount of backwater flooding will occur during the 100
year event in the delineated flood plain south of the site. The existing grades in the delineated
floodplain indicate that incidental backwater flooding will be shallow with low receding flow
velocity, as a result of rising flood water staging from the seventh street flood basin. No
development or disturbance is proposed on the west half of the site.
The Regulations with respect to the floodplain only require a development permit for "any use to
be developed in the flood plain." Garfield County Zoning Resolution, $ 6.08.01. A portion of
the Applicants' proposed construction and uscs are inside of the mapped 1O0-year floocl plain. A
portion of the proposed rnini storage improvements are within the 1O0-year flood fringe only;
therefore the construction with appropriate flood proof construction and stabilization of any
placed fill is applicable by definition under the Floodplain Regulations (6.02.10).
USACE PERMITTING
The proposed construction does not involve the placement of any structures or materials that will
adversely afflect the existing flood hydrology or impact any delineated wetlands. No disturbance
of wetlands or existing floodplain conditions is proposed or applicable. Therefore no USACE
permitting is required.
Applicant Bruce Snoad
SE Job No.27246.01
April24,2008
Page 4
coNSTRUC',fION ACTI TIËS rN l'HH FLOOTJPLAIN
Section 6.00 of the Zoning Resolution permits constnlction as clisct¡sscd lrerein. Because a
portion of the proposed improvements on the site is impacted by the lûû-year flood plain,
Applicants herein address the flood plain regulations.
The applicable maps identify that the south nrini storage structute and a small portion of the next
mini storage structure to the north are within the lCIû-year flood plain (flood fringe). The
construction activities in the floodplain are limited to the south ministorage structure and an
additional 900 S.F. of the next structure to the north. The proposed construction includes an
engineered foundation, walls, placement of structural fill materials typical for mini storage
construction, and site grading down to the existing grade.
The proposed south mini storage structure is setback 10' û'om the property line, and the finish
floor of the structure is approximately three feet above the existing grade. The area of
construction within the floodplain would slightly restrict the backwater storage area however
adequate drainage conveyance area will be maintained for potentialflood waters during events
exceeding the 1û0-year flood, The building finish floor elevations will be 1' above the highest
expected flood elevation.
No storage or disposal of any materials is ptoposed within the floodplain. No utilities, water or
sanitary service will be located within the flood fringe area. The frnished construction will be
resistant to flood damage. We would recommend that the south foundation wall for the south
mini storage strueture, near I-70, extend 4' below the finish floor of the storage units.
Applicant: Bruce Sn<lad
SE Job No.27246.01
April24,2008
Page 5
APPENDICES
The following documents are appended hereto:
Appendix rrAÐ- Sheet l-Site plan, Sheet 2-Grading & Drainage Plan,2006 FEMA Flood
Insurance Rate Maps, 1987 SCS Flood Study exhibits.
1
Community Development Department
108 8th Street, Suite 401
Glenwood Springs, CO 81601
(970) 945-8212
www.garfield-county.com
PRE-APPLICATION
CONFERENCE SUMMARY
TAX PARCEL NUMBER: 2179-101-00-018 DATE: 7/11/23
PROJECT: Free-Up Mini Storage Floodplain Permit
OWNERS/APPLICANT: Freeup Storage Silt LLC
REPRESENTATIVES: Zach Gumper, Spartan Construction
Kyle Sanderson, Sopris Engineering
PRACTICAL LOCATION: 357 S. 16th St., Silt, CO
ZONING: Commercial General
TYPE OF APPLICATION: Flood Plain Development Permit
I. GENERAL PROJECT DESCRIPTION
The Applicant proposes construction of additional mini storage buildings on the site. A
previous floodplain development permit was issued for a first phase of construction. It is
anticipated that two new buildings located within the floodplain will be proposed and will be
constructed/elevated to comply with County Floodplain regulations including elevation of the
lowest finished floor to 1 ft. above the 100-year floodplain.
Site grading will need to be addressed along with building permits and as-built elevation
certificates. The Applicant was advised of the applicable section of the Land Use and
Development Code, including a floodplain report.
II. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS
Garfield County Land Use and Development Code, as amended (LUDC) including the
following Sections:
2
• Section 3-301 – Floodplain Overlay Regulations including but not limited to 3-301(B &
C) General & Specific Standards and 3-301(E)(3) Shallow Flooding & drainage paths.
• Section 4-109 – Development in the 100 Year Floodplain, including review criteria
• Table 4-102 – Common Review Procedures and Required Notice
• Table 4-201 – Submittal Requirements
• Section 4-203 – Submittal Requirements as appropriate
• Section 4-203 (O) – Flood Plain Analysis
• Section 4-118 – Waiver from Standards (if needed)
• Section 7-203(B) & (C) – Protection of Water Bodies
III. REVIEW PROCESS
The Floodplain Development permit will be processed pursuant to Section 4-103,
Administrative Review Process and consistent with Table 4-102 Common Review
procedures for Floodplain Development, summarized as follows:
A. Pre-application Conference (completed)
B. Application Submittal
C. Determination of Completeness
D. Referrals sent out
E. Schedule the Director’s Decision Date
F. Public Notice for the Director’s Decision completed . Includes certified mailing
to adjacent property owners within 200 ft. and certified return receipt requested
mailing to mineral rights owners on the applicant’s property.
G. Evaluation by Director/Staff resulting in a Staff Report
H. Director’s Decision
I. 10 day call up period, after which the Director’s Decision become final unless
the decision is called up the BOCC for their review
J. Once all conditions of approval have been satisfied the Floodplain
Development Permit can be issued.
IV. PUBLIC HEARINGS AND NOTICE
Public Hearing notices shall be posted, mailed and published pursuant to Section 4-101.E.
_X __No Public Hearing (Director’s Decision with mailed notice only)
____ Planning Commission
____ Board of County Commissioners
____ Board of Adjustment
Referral agencies may include but are not limited to: Garfield County Consulting Engineer,
Garfield County Attorney, Town of Silt
V. SUBMITTAL REQUIREMENTS
A. General Application Materials including
3
o Application Form including signatures
o Proof of ownership (deed and/or title information)
o Authorization to represent as appropriate
o Statements of authority if needed for LLC or Corporations
o List of owners of property within 200 ft. with addresses (to be reviewed
and accepted by the County Attorney’s Office)
o List of owners of mineral rights on the subject property and/or description
of how this was researched (see attached mineral research form).
o Payment of application fees
o Agreement to Pay Form
o Project Description – narrative
B. Vicinity Map – formatted on 8 ½ x 11 size for use with public notice
C. Site Plan – to applicable scale, including all proposed improvements and
significant features.
D. Floodplain Analysis – meeting the requirements of the Land Use and
Development Code including Sections 3-301 and 4-203 (O) as applicable.
The Flood Plain Analysis/memo needs to be completed by a qualified
licensed professional engineer and needs to include the engineer’s stamp.
Some elements may not be applicable based on the type of project. An
explanation – justification in those cases should be provided.
E. The Application will need to include details and plans for the proposed
improvements.
F. The Analysis will need to address the lack of any impacts from the proposed
improvements (i.e. no impact on flooding potential – Zero Rise)
G. The Analysis will need to include information on construction practices
including protection of water quality from sediment or erosion potential.
Revegetation and restorations plans need to be provided as appropriate.
H. The submittals need to address compliance with the Review Criteria contained
in Section 4-109 as applicable.
I. The submittals need to include any other existing reports, studies, and permits
and wetlands analyses.
J. A copy of the previous Floodplain Development Permit needs to be included.
Follow-up conversations with Staff is an option if additional questions come up regarding the
submittal requirements. As noted above some elements of the Floodplain Analysis may not
be applicable and the Application submittals should reflect that representation.
The Application submittal needs to include 3 hard copies of the entire Application and 1
Digital PDF Copy of the entire Application (on a CD or USB Stick). Both the paper and digital
copies should be split into individual sections and properly labelled.
VI. APPLICATION REVIEW FEES
This application will be subject to the following fees and deposit requirements:
Planning Review Fees: $ 400 (Additional Staff time charged at hourly rate of $40.50)
4
Referral Agency Fees: $ tbd (Review fees associated with consulting engineer review)
Total Deposit: $ 400 (additional fees to be determined by hourly rates)
VII. GENERAL APPLICATION PROCESSING
The foregoing summary is advisory in nature only and is not binding on the County. The
summary is based on current zoning, which is subject to change in the future, and upon factual
representations that may or may not be accurate. This summary does not create a legal or
vested right. The summary is valid for a six-month period, after which an update should be
requested. The Applicant is advised that the Application submittal once accepted by the
County becomes public information and will be available (including electronically) for review
by the public. Proprietary information can be redacted from documents prior to submittal.
Pre-application Summary Prepared by:
7/28/23
Glenn Hartmann, Principal Planner, CFM Date
5
Note: The notice requirement in
Step 4 has been changed to 15
days pursuant to Section 4-103
of the LUDC.
NO
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SOPRIS ENGINEERING LLC
502 MAIN STREET SUITE A3 CARBONDALE CO 81623
(970) 704 0311 soprisengineering.com
COLORADO RIVER
HIGHWAY 6
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INTERSTATE 70
SUBJECT PROPERTY
(±9.3 ACRES)
SILT
SCALE: 1" = 500"
GENERAL VICINITY MAP
FREEUP STORAGE - SILTGARFIELD COUNTY
7
3 654
21
Property Ownership within 200 ft
FreeUp Storage - Silt, CO
0 250 500125
Feet
$- PARCEL INFORMATION : GARFIELD COUNTY GIS 08/01/2023.
- AERIAL : 2019 NAIP - USDA.
- THIS MAP IS INTENDED FOR GENERAL PLANNING PURPOSES ONLY.
map : jbl
SOPRIS ENGINEERING – LLC CIVIL CONSULTANTS 502 MAIN STREET, SUITE A3 CARBONDALE, COLORADO 81623 970.704.0311 33072Property200ft_230801
1 inch = 500 feet
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MAP ID PARCEL No. OWNER OWNER ADDRESS
1 217910100004 SILT TOWN OF PO BOX 70 SILT CO 81652
2 217910143001 ICC FDDT SILT LLC 117 N JEFFERSON STREET SUITE 300 CHICAGO IL 60661
3 217910143002 SILT TOWN OF PO BOX 70 SILT CO 81652
4 217910100022 INTERMOUNTAIN HOLDINGS LLC PO BOX 629 SILT CO 81652
5 217910100026 3M INVESTORS LLC 737 CORRAL DRIVE GRAND JUNCTION CO 81505
6 217910100017 ANTONELLI LARRY & GLENDA K 1615 MAIN STREET SILT CO 81652
7 217911200002 R&J PROPERTIES LLC PO BOX 246 SILT CO 81652
SUBJECT PARCEL
OWNER :FREEUP STORAGE SILT LLC
SITE : 357 S 16TH ST SILT CO 80403
M & B DESCRIPTION
PARCEL NO. 217910100018
CIVIL DRAWINGS
VICINITY MAP
COVER SHEET NOTES
APPLICANT:
ENGINEER OF RECORD:
FREEUP STORAGE SILT
SPARTAN INVESTMENT GROUP
0 BRIC.YARD RD, UNIT
GOLDEN, CO 8003 7BUS: (503) 668-3737 FAX: (503) 668-3788
359 EAST HISTORIC COLUMBIA RIVER HIGHWAY
TROUTDALE, OREGON 97060
FREEUP STORAGE
SITE IMPROVEMENTS
357 S 6TH ST, SILT, CO 865
SECTION 0, TOWNSHIP 6 SOUTH, RANGE 9 WEST
C
SITE MAP
EXISTING CONDITIONS
FREEUP STORAGE SILT
SPARTAN INVESTMENT GROUP
0 BRIC.YARD RD, UNIT
GOLDEN, CO 8003 7BUS: (503) 668-3737 FAX: (503) 668-3788
359 EAST HISTORIC COLUMBIA RIVER HIGHWAY
TROUTDALE, OREGON 97060
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SPARTAN INVESTMENT GROUP
0 BRIC.YARD RD, UNIT
GOLDEN, CO 8003 7BUS: (503) 668-3737 FAX: (503) 668-3788
359 EAST HISTORIC COLUMBIA RIVER HIGHWAY
TROUTDALE, OREGON 97060 C3COMPOSITE SITE, UTILITY, ESC PLAN
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SPARTAN INVESTMENT GROUP
0 BRIC.YARD RD, UNIT
GOLDEN, CO 8003 7BUS: (503) 668-3737 FAX: (503) 668-3788
359 EAST HISTORIC COLUMBIA RIVER HIGHWAY
TROUTDALE, OREGON 97060
CSITE GRADING DRAINAGE PLAN
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SPARTAN INVESTMENT GROUP
0 BRIC.YARD RD, UNIT
GOLDEN, CO 8003 7BUS: (503) 668-3737 FAX: (503) 668-3788
359 EAST HISTORIC COLUMBIA RIVER HIGHWAY
TROUTDALE, OREGON 97060 C5ACCESS CIRCULATION PLAN
FREEUP STORAGE SILT
SPARTAN INVESTMENT GROUP
0 BRIC.YARD RD, UNIT
GOLDEN, CO 8003 7BUS: (503) 668-3737 FAX: (503) 668-3788
359 EAST HISTORIC COLUMBIA RIVER HIGHWAY
TROUTDALE, OREGON 97060 C6ESC DETAILS NOTES
FREEUP STORAGE SILT
SPARTAN INVESTMENT GROUP
0 BRIC.YARD RD, UNIT
GOLDEN, CO 8003 7BUS: (503) 668-3737 FAX: (503) 668-3788
359 EAST HISTORIC COLUMBIA RIVER HIGHWAY
TROUTDALE, OREGON 97060 C7DETAILS
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SofÌ Conservatfon Servlce
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Colorado lrlater Conservatlon Bdard'Town of Sllt
and Garfleld County, CoJorado
July 1987
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National Flood Hazard Layer FIRMette
0 500 1,000 1,500 2,000250
Feet
Ü
SEE FIS REPORT FOR DETAILED LEGEND AND INDEX MAP FOR FIRM PANEL LAYOUT
SPECIAL FLOOD
HAZARD AREAS
Without Base Flood Elevation (BFE)
Zone A, V, A99
With BFE or DepthZone AE, AO, AH, VE, AR
Regulatory Floodway
0.2% Annual Chance Flood Hazard, Areas
of 1% annual chance flood with average
depth less than one foot or with drainage
areas of less than one square mileZone X
Future Conditions 1% Annual
Chance Flood HazardZone X
Area with Reduced Flood Risk due to
Levee. See Notes.Zone X
Area with Flood Risk due to LeveeZone D
NO SCREEN Area of Minimal Flood Hazard Zone X
Area of Undetermined Flood HazardZone D
Channel, Culvert, or Storm Sewer
Levee, Dike, or Floodwall
Cross Sections with 1% Annual Chance
17.5 Water Surface Elevation
Coastal Transect
Coastal Transect Baseline
Profile Baseline
Hydrographic Feature
Base Flood Elevation Line (BFE)
Effective LOMRs
Limit of Study
Jurisdiction Boundary
Digital Data Available
No Digital Data Available
Unmapped
This map complies with FEMA's standards for the use of
digital flood maps if it is not void as described below.
The basemap shown complies with FEMA's basemap
accuracy standards
The flood hazard information is derived directly from the
authoritative NFHL web services provided by FEMA. This map
was exported on 8/3/2023 at 8:37 AM and does not
reflect changes or amendments subsequent to this date and
time. The NFHL and effective information may change or
become superseded by new data over time.
This map image is void if the one or more of the following map
elements do not appear: basemap imagery, flood zone labels,
legend, scale bar, map creation date, community identifiers,
FIRM panel number, and FIRM effective date. Map images for
unmapped and unmodernized areas cannot be used for
regulatory purposes.
Legend
OTHER AREAS OF
FLOOD HAZARD
OTHER AREAS
GENERAL
STRUCTURES
OTHER
FEATURES
MAP PANELS
8
B 20.2
The pin displayed on the map is an approximate
point selected by the user and does not represent
an authoritative property location.
1:6,000
107°39'8"W 39°32'56"N
107°38'31"W 39°32'29"N
Basemap Imagery Source: USGS National Map 2023
x x
x
x
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x
x
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x
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x x x x x x x x x x x x x x x x x x x x x
x
x x x
DATE REVISION
SE-C-1.0
DRAWING NO.
TITLE
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DRAINAGE SWALE
SITE PLAN
1 inch = ft.
( IN FEET )
GRAPHIC SCALE
030 30 60
30
12015
MEMBER UTILITIESFOR THE MARKING OF UNDERGROUNDBEFORE YOU DIG, GRADE, OR EXCAVATECALL 2-BUSINESS DAYS IN ADVANCE
Know what's below.before you dig.Call
R
33072.01JOB NO.
DATE:08-30-2023
DESIGNED BY
DRAWN BY
CHECKED BY
KTS
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EX BLDG A
EX BLDG B
EX BLDG C
EX BLDG D
EX BLDG E
EX BLDG F
EX BLDG G
EX BLDG H
PR BLDG I
PR BLDG J
PR BLDG K
PR BLDG L
SECTION 1 - SEE
HYDRAFLOW
REPORT THIS SHEET
SECTION 2SECTION 3
SECTION 4
SECTION 5
SECTION 6
SECTION 7
APPROXIMATE
FEMA FLOOD
BOUNDARY
APPROXIMATE
FEMA FLOOD
BOUNDARY
APPROXIMATE LIMITS OF 40-CFS
FLOOD DRAINAGE SWALE,
CONTRACTOR TO MATCH GRADE
AT PROPERTY LINE ON SOUTH
SIDE OF SWALE.APPROXIMATE LIMITS
OF 40-CFS FLOOD
DRAINAGE SWALE
16
T
H
S
T
R
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E
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INTERSTATE 70
PROPERTY BOUNDARY
GENERAL NOTES
- SEE HYDRAFLOW EXPRESS CROSS SECTION REPORTS FOR SECTIONS 2 - 7 ON SHEET SE-C-2.0
FOR DETAILED INFORMATION ON WATER DEPTHS, CROSS SECTION GEOMETRY, AND CHANNEL
SLOPES. HYDRAFLOW EXPRESS UTILIZES MANNING'S EQUATION TO CALCULATE THE HIGH
WATER ELEVATION BASED ON AN OPEN CHANNEL FLOW MODEL.
- ALL CROSS SECTIONS FOR THE PROPOSED DRAINAGE SWALE ON THE SOUTH SIDE OF THE
BUILDINGS ALLOW FOR 40-CFS FLOW TO PASS SAFELY FROM EAST TO WEST WITH THE HIGH
FLOOD ELEVATION A MINIMUM OF 1-FT BELOW FINISH FLOOR ELEVATIONS OF THE BUILDINGS.
- SEE SOPRIS ENGINEERING ENGINEERING REPORT DATED 08/30/2023 FOR SUPPORTING
INFORMATION ON FLOODPLAIN DEVELOPMENT PERMIT CRITERIA, FLOOD CALCULATIONS, AND
TOWN OF SILT FLOOD STUDY INFORMATION.
- SEE FIRWOOD DESIGN GROUP CIVIL DESIGN DRAWINGS FOR DETAILED INFORMATION ON
CIVIL DESIGN OF SITE, PROPOSED BUILDINGS, GRADING, AND ASSOCIATED UTILITIES.
- ELEVATIONS SHOWN ARE ON THE NGVD 1929 VERTICAL DATUM.
FFE 5428.55
FFE 5429.05
FFE 5429.55
FFE 5429.95
FFE 5430.45
FFE 5430.95
FFE 5430.55
FFE 5431.05
FFE 5431.55
FFE 5430.65
FFE 5431.15 FFE 5431.65 FFE 5432.15
FFE 5430.45
FFE 5430.95
FFE 5431.45
FFE 5431.95 FFE 5432.45 FFE 5432.95
FFE OF EXISTING ORPROPOSED BUILDING
6" EXPOSED FOUNDATION WALL (EXISTING BUILDINGS)
12" EXPOSED FOUNDATION WALL (PROPOSED BUILDINGS)
2% FOR 2FT
2H:1V GRADE
(SEE CROSS SECTIONS
FOR FINAL GRADES)
FLAT SWALE BOTTOM,
SEE CROSS SECTIONS
FOR WIDTHS
1.5H:1V GRADE
(SEE CROSS SECTIONS
FOR FINAL GRADES)
APPROXIMATE
PROPERTY LINE,SEE PLANS
APPROXIMATE
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INTERSTATE BERM
DRAINAGE SWALE DETAIL
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NOTE - SEE CROSS SECTION REPORTS
FOR FINAL SWALE GEOMETRY
SEE CROSS SECTIONREPORTS FOR DEPTHS
DATE REVISION
SE-C-2.0
DRAWING NO.
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HYDRAFLOW
EXPRESS
CHANNEL REPORTS
MEMBER UTILITIESFOR THE MARKING OF UNDERGROUNDBEFORE YOU DIG, GRADE, OR EXCAVATECALL 2-BUSINESS DAYS IN ADVANCE
Know what's below.before you dig.Call
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33072.01JOB NO.
DATE:08-30-2023
DESIGNED BY
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Channel Report
Hydraflow Express Extension for Autodesk® Civil 3D® by Autodesk, Inc.Wednesday, Aug 30 2023
Section 1 - 16th Street Bike Path
User-defined
Invert Elev (ft) = 32.92
Slope (%)= 0.05
N-Value = 0.025
Calculations
Compute by:Known Depth
Known Depth (ft) = 1.28
(Sta, El, n)-(Sta, El, n)...
( 0.00, 38.06)-(21.43, 33.85, 0.025)-(32.39, 32.98, 0.025)-(32.84, 32.92, 0.025)-(38.36, 33.17, 0.025)-(42.62, 33.30, 0.025)-(43.41, 33.32, 0.025)
-(43.56, 33.33, 0.025)-(48.97, 33.45, 0.025)-(62.57, 33.70, 0.025)-(71.69, 33.91, 0.025)-(105.06, 34.61, 0.025)
Highlighted
Depth (ft)= 1.28
Q (cfs)= 37.03
Area (sqft)= 39.29
Velocity (ft/s)= 0.94
Wetted Perim (ft) = 65.96
Crit Depth, Yc (ft) = 0.75
Top Width (ft)= 65.87
EGL (ft)= 1.29
-10 0 10 20 30 40 50 60 70 80 90 100 110 120
Elev (ft)Depth (ft)Section
31.00 -1.92
32.00 -0.92
33.00 0.08
34.00 1.08
35.00 2.08
36.00 3.08
37.00 4.08
38.00 5.08
39.00 6.08
Sta (ft)
Channel Report
Hydraflow Express Extension for Autodesk® Civil 3D® by Autodesk, Inc.Wednesday, Aug 30 2023
Section 2 - Building E East
User-defined
Invert Elev (ft) = 29.75
Slope (%)= 0.85
N-Value = 0.025
Calculations
Compute by:Known Q
Known Q (cfs) = 40.00
(Sta, El, n)-(Sta, El, n)...
( 0.00, 32.15)-(0.10, 31.65, 0.025)-(2.00, 31.61, 0.025)-(7.35, 29.75, 0.025)-(10.35, 29.75, 0.025)-(18.37, 31.10, 0.025)
Highlighted
Depth (ft)= 1.16
Q (cfs)= 40.00
Area (sqft)= 9.41
Velocity (ft/s)= 4.25
Wetted Perim (ft) = 13.52
Crit Depth, Yc (ft) = 1.10
Top Width (ft)= 13.23
EGL (ft)= 1.44
-2 0 2 4 6 8 10 12 14 16 18 20 22
Elev (ft)Depth (ft)Section
28.00 -1.75
29.00 -0.75
30.00 0.25
31.00 1.25
32.00 2.25
33.00 3.25
Sta (ft)
Channel Report
Hydraflow Express Extension for Autodesk® Civil 3D® by Autodesk, Inc.Wednesday, Aug 30 2023
Section 3 - Building E West
User-defined
Invert Elev (ft) = 28.05
Slope (%)= 0.85
N-Value = 0.025
Calculations
Compute by:Known Q
Known Q (cfs) = 40.00
(Sta, El, n)-(Sta, El, n)...
( 0.00, 30.65)-(0.10, 30.15, 0.025)-(2.00, 30.11, 0.025)-(6.13, 28.05, 0.025)-(8.13, 28.05, 0.025)-(11.27, 29.61, 0.025)-(12.27, 29.62, 0.025)
-(18.56, 30.50, 0.025)
Highlighted
Depth (ft)= 1.55
Q (cfs)= 40.00
Area (sqft)= 7.93
Velocity (ft/s)= 5.05
Wetted Perim (ft) = 8.96
Crit Depth, Yc (ft) = 1.48
Top Width (ft)= 8.23
EGL (ft)= 1.95
-2 0 2 4 6 8 10 12 14 16 18 20 22
Elev (ft)Depth (ft)Section
27.50 -0.55
28.00 -0.05
28.50 0.45
29.00 0.95
29.50 1.45
30.00 1.95
30.50 2.45
31.00 2.95
Sta (ft)
Channel Report
Hydraflow Express Extension for Autodesk® Civil 3D® by Autodesk, Inc.Wednesday, Aug 30 2023
Section 4 - Building J East
User-defined
Invert Elev (ft) = 27.87
Slope (%)= 0.43
N-Value = 0.025
Calculations
Compute by:Known Q
Known Q (cfs) = 40.00
(Sta, El, n)-(Sta, El, n)...
( 0.00, 30.95)-(0.10, 29.95, 0.025)-(2.00, 29.91, 0.025)-(8.29, 27.87, 0.025)-(11.29, 27.87, 0.025)-(16.58, 30.24, 0.025)
Highlighted
Depth (ft)= 1.53
Q (cfs)= 40.00
Area (sqft)= 10.81
Velocity (ft/s)= 3.70
Wetted Perim (ft) = 11.70
Crit Depth, Yc (ft) = 1.25
Top Width (ft)= 11.13
EGL (ft)= 1.74
-2 0 2 4 6 8 10 12 14 16 18 20
Elev (ft)Depth (ft)Section
26.00 -1.87
27.00 -0.87
28.00 0.13
29.00 1.13
30.00 2.13
31.00 3.13
Sta (ft)
Channel Report
Hydraflow Express Extension for Autodesk® Civil 3D® by Autodesk, Inc.Wednesday, Aug 30 2023
Section 5 - Building J West
User-defined
Invert Elev (ft) = 26.95
Slope (%)= 0.43
N-Value = 0.025
Calculations
Compute by:Known Q
Known Q (cfs) = 40.00
(Sta, El, n)-(Sta, El, n)...
( 0.00, 29.95)-(0.10, 28.95, 0.025)-(2.00, 28.91, 0.025)-(5.93, 26.95, 0.025)-(7.93, 26.95, 0.025)-(10.86, 28.73, 0.025)-(11.86, 28.64, 0.025)
-(16.86, 29.18, 0.025)
Highlighted
Depth (ft)= 1.95
Q (cfs)= 40.00
Area (sqft)= 11.35
Velocity (ft/s)= 3.53
Wetted Perim (ft) = 13.22
Crit Depth, Yc (ft) = 1.52
Top Width (ft)= 12.25
EGL (ft)= 2.14
-2 0 2 4 6 8 10 12 14 16 18 20
Elev (ft)Depth (ft)Section
25.00 -1.95
26.00 -0.95
27.00 0.05
28.00 1.05
29.00 2.05
30.00 3.05
Sta (ft)
Channel Report
Hydraflow Express Extension for Autodesk® Civil 3D® by Autodesk, Inc.Wednesday, Aug 30 2023
Section 6 - Building K East
User-defined
Invert Elev (ft) = 26.74
Slope (%)= 0.68
N-Value = 0.025
Calculations
Compute by:Known Q
Known Q (cfs) = 40.00
(Sta, El, n)-(Sta, El, n)...
( 0.00, 29.55)-(0.10, 28.55, 0.025)-(2.00, 28.51, 0.025)-(5.85, 26.74, 0.025)-(8.85, 26.74, 0.025)-(11.70, 28.52, 0.025)-(12.70, 28.52, 0.025)
Highlighted
Depth (ft)= 1.49
Q (cfs)= 40.00
Area (sqft)= 8.66
Velocity (ft/s)= 4.62
Wetted Perim (ft) = 9.38
Crit Depth, Yc (ft) = 1.34
Top Width (ft)= 8.63
EGL (ft)= 1.82
-2 0 2 4 6 8 10 12 14 16
Elev (ft)Depth (ft)Section
25.00 -1.74
26.00 -0.74
27.00 0.26
28.00 1.26
29.00 2.26
30.00 3.26
Sta (ft)
Channel Report
Hydraflow Express Extension for Autodesk® Civil 3D® by Autodesk, Inc.Wednesday, Aug 30 2023
Section 7 - Building K West
User-defined
Invert Elev (ft) = 25.59
Slope (%)= 0.68
N-Value = 0.025
Calculations
Compute by:Known Q
Known Q (cfs) = 40.00
(Sta, El, n)-(Sta, El, n)...
( 0.00, 28.55)-(0.10, 27.55, 0.025)-(2.00, 27.51, 0.025)-(5.84, 25.59, 0.025)-(7.84, 25.59, 0.025)-(11.18, 27.44, 0.025)
Highlighted
Depth (ft)= 1.66
Q (cfs)= 40.00
Area (sqft)= 8.56
Velocity (ft/s)= 4.67
Wetted Perim (ft) = 9.14
Crit Depth, Yc (ft) = 1.50
Top Width (ft)= 8.32
EGL (ft)= 2.00
-2 0 2 4 6 8 10 12 14
Elev (ft)Depth (ft)Section
24.00 -1.59
25.00 -0.59
26.00 0.41
27.00 1.41
28.00 2.41
29.00 3.41
Sta (ft)
Storm Report
FreeUp Storage, Silt, CO
Submitted: July 2022
Applicant: Spartan Investment Group
Contact: Zach Gumper
1440 Brickyard Rd, Unit 4
Golden, CO 80403
Applicant’s Engineer: Firwood Design Group
Contact: Kelli Grover
kg@firwooddesign.com
359 E. Historic Columbia River Highway
Troutdale, OR 97060
(503) 668 – 3737
Site Location: 357 S 16th St
Silt, CO 81652
Silt FreeUp Storage Storm Report
Page 1
OBJECTIVE
The site is located at 357 S 16th St in Silt, Colorado. The property is bordered to the south by
Interstate 73 right of way and to the north by Union-Pacific Railroad right of way. The existing
site hosts a storage facility with several buildings and a gravel parking area.
The project consists of the construction of four new storage facilities and improving the existing
gravel parking lot and drive lanes to conform to the new grading and drainage plan. Three of the
buildings will be nearly identical to the existing storage buildings on site which only have exterior
loading doors, while the fourth will be a larger climate-controlled building with smaller units
accessed from the inside. The existing vehicle area boundary will remain intact with a couple
modifications to accommodate the new buildings. The proposed area of disturbance is 39,000
square feet (0.9 acres). This only includes the new building area, as any work to the existing gravel
area will be limited to minor modifications and dressing related to regular maintenance of the
surface. Therefore, the project will disturb less than one acre and not trigger the requirement for
a Stormwater Discharge Permit through CDPHE.
Stormwater from all of the site’s new existing and new impervious area will be designed to sheet
flow across the gravel vehicle area to convey to one of two discharge locations. The easternmost
discharge location matches existing site drainage patterns and will shed stormwater to the south.
The westernmost discharge point will be located to the south of new building “L” and will allow
stormwater to flow overland through the large undisturbed vegetated area on the western 2/3 of
the project site.
The post-construction drainage patterns will match existing site drainage patterns to the
maximum extent practicable and not increase flows into neighboring properties, meeting Garfield
County stormwater requirements.
EXISTING DRAINAGE CONDITIONS
The existing 9.3-acre site contains eight single story storage buildings, totaling 42,000 sf of roof
area. The vehicle drive lanes and parking areas are all currently gravel, which totals
approximately 115,000 sf of area. There are no paved areas on site except for the asphalt approach
connecting the site to S 16th St. The site currently has no stormwater infrastructure. The building’s
roof drain downspouts are all disconnected and directed onto a splash block that discharges
stormwater into the gravel area. The site is very flat, with grades from 0.5% to 2% generally
Silt FreeUp Storage Storm Report
Page 2
conveying stormwater to the west and south. All on-site stormwater drains to one of two small
drainage ponds along the southern property line. These ponds are depression areas that have
historically been collection points on the site.
Based on available survey, the flow path from the ponds is to the south directly into the
neighboring interstate right-of-way. There are no clearly defined drainage ditches or flow paths
in this right-of-way, however stormwater generally flows to the west running parallel to the site
and likely meanders back through the undisturbed vegetated western portion of the property.
Along the eastern property line, there are a series of culverts and ditches that catch all stormwater
flowing from the east and direct stormwater to the south through a 36” drainage box that heads
underneath the interstate. This prevents off-site stormwater from flowing across the project site.
These culverts and ditches will be protected and kept in place as to not impact off-site drainage.
A geotechnical investigation report was prepared for the site. The results of the study indicate
saturated soils with high groundwater. This aligns with previous environmental studies of the
site that indicate the presence of wetlands on the western portion of the site. Additionally, a
portion of the site is located in the 100-yr floodplain of the Colorado River. The river flows east
to west approximately 800 feet south of the property. Soils research for the site was performed
through the online USDA Web Soil Survey. The site soil profile is a roughly 80/20 composition of
Halaquepts loam and Potts loam. The former is a poorly drained, hydric soil with a group
classification of C/D. The latter is a well-drained group C soil. Based on the results of both the
geotechnical report and soil survey, it was determined that infiltration of stormwater is not a
feasibility for the site’s stormwater and drainage design.
Please reference sheet C2 of the civil plan set for more detail on the site’s existing conditions.
PROPOSED DRAINAGE (POST-CONSTRUCTION)
The project proposes to construct four new buildings that will total 38,900 sf of impervious roof
area. These buildings will replace existing gravel area on site, therefore, will not result in an
increase of new impervious area. The gravel areas that are outside of the building footprint will
remain but the surface will be amended per the grading plan on Sheet C4 of the civil plan set. The
objective of the grading plan is to create better defined flow paths for stormwater in the post-
construction site condition. Available survey of the site indicates roughly defined flow paths and
indicate some high points and low points that may contribute to drainage issues. The grading
Silt FreeUp Storage Storm Report
Page 3
plan will smooth out these areas to create a continuous flow path of at a minimum 1% slope to
two new stormwater discharge locations.
The easternmost discharge point will be located between existing building “E” and new building
“J” and is in close proximity to one of the small existing drainage ponds. This pond will be filled
in (per the geotechnical report) to allow for new building construction. Proposed stormwater on
the eastern half of the site will collect at this point and sheet flow stormwater to the south between
the two buildings, matching existing site drainage patterns.
The westernmost discharge point will be located between new buildings “L” and “K” at the west
end of the drive aisle. Since the other drainage pond will also be filled in due to new building
construction, the surrounding gravel area will be graded to further extend this flow path to the
west, allowing stormwater to sheet flow off the gravel and to the western vegetated area of the
site. By redirecting stormwater to the west, this decreases the stormwater volume discharged into
the neighboring right-of-way and allows stormwater to be treated and retained on site. The low-
lying vegetated area to the west will act as a pond for the site’s stormwater, allowing for filtration
through the existing vegetated areas and providing a long retention time of the stormwater
volume prior to discharge off-site.
Please reference sheets C3 and C4 for more information on the proposed stormwater and
drainage design.
ALTERNATIVES ANALYSIS
Several alternatives were studied during the pre-design and research phase for this project.
Garfield County stormwater standards require treatment for stormwater from all new
impervious area as well as peak flow matching detention for discharged stormwater. Since on-
site infiltration is not feasible, treatment could be provided through flow-through vegetated
facilities or proprietary treatment devices. However, both of these facilities require a minimum
head to provide the necessary treatment, generally at least 24” of fall. This extra head is not able
to be provided due to the flat topography of the site. Surface flow paths are already designed at
a minimum slope of 1% and creating extra treatment head would require flow paths less than 1%
and create new drainage issues on site. Since nearly all of the stormwater volume from new
impervious area will collect at the western low point, it will be directed through the vegetated
area to the west which will provide inherent treatment via existing vegetation and wetlands. The
Silt FreeUp Storage Storm Report
Page 4
flow path is nearly 1,000 feet before exiting the property, which will provide sufficient distance
to allow for natural treatment and filtration.
Detention could be provided through surface ponds or underground detention, both options
were studied for the design of this project. However, these facilities additionally require a
ponding depth to allow for storage and release of stormwater. This depth requirement would be
at least 4’, even for a shallow pond or small diameter detention pipe with a large footprint. For
the same reasons listed above, this ponding depth is not able to be provided given the topography
of the site. If stormwater were to be piped underground or released from the bottom of a shallow
pond, it would be below the elevation required to daylight above-ground and discharge.
Therefore, the only option is to re-direct it to the west to be retained on-site in the low lying
vegetated area, as proposed. The net effect is no impacts to downstream properties or waterways.