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HomeMy WebLinkAbout2.0 BOCC Staff Report 10.21.2003PROJECT INFORMATION AND STAFF COMMENTS TYPE OF REVIEW: SUMMARY OF REQUEST: APPLICANT: REPRESENTATIVE: LOCATION: SIZE: BOARD: 10/21/03 TP Floodplain Special Use Permit The Applicant requests a Special Use Permit for development within the 100 - year floodplain Harry and Colleen Colborn Deric Walter of Boundaries Unlimited, Inc. The property is located off of County Road 320, just east of the Rifle Village South Subdivision. 27.54 acres I. DESCRIPTION OF THE PROPOSAL: A. Development Proposal: The Applicant requests approval to construct a single-family residence and construct improvements, including rehabilitation and rock lining of the Helmer Gulch channel, pond / driveway / trail construction, overlot grading, vegetation management and installation of a rock retaining wall within the 100 year floodplain of the Helmer Gulch. B. Site Description: The property is currently, et vacantmThere are piles of rocks and soil throughout the property that the Applicant is proposing to utilize as part of the improvements proposed in this Special Use Permit request. The property is divided by the Helmer Gulch. Wetlands areas have been delineated along the Gulch. There are number of cottonwood trees along the Gulch. An existing driveway provides access to the western portion of the property off of Village Drive. There appears to be a driveway off of County Road 320 that was constructed to provide access to the eastern portion of the property. The property slopes from County Road 320, in a northwesterly direction. The majority of the property is fairly flat. C. Project Description: The Helmer Gulch is an ephemeral stream. The entire property lies within the 100 -year floods boundary of Helmer Gulch. The property has been mapped by the Federal Emergency Management Agency (FEMA FIRM CPO #080205 1353 B) as Zone -AO, "Special flood hazard areas inundated by types of 100 -year shallow flooding where depths are between 1.0 and 3.0 feet; depths are shown, or areas of 100 -year alluvial fan flooding, depths and velocities shown, but no flood hazard factors Colborn Floodplain Special Use Permit BOCC —10/20/03 Page 2 are determined." Therefore, the activities requested by the Applicant on the subject property require a Floodplain Special Use Permit in accordance with section 6.08.01 of the Zoning Resolution. On the site plan provided with the application, the gray shaded area delineates the location of where the majority of the improvements described above will occur. The site plan also delineates the location of the proposed new residence and the proposed new pond. The property is clearly divided by the Helmer Gulch in a southwest / northeast direction. As seen on the site plan, the Applicant is proposing a new access of County Road 320. Currently, there is a rough access driveway in the location of the proposed new access driveway. A driveway permit was issued by the Road and Bridge Department (see Exhibit I). There is also an access point off of Village Drive at the west end of the property, which the Applicant is requesting to retain as access to the western portion of the property. Currently, this driveway traverses over the Helmer Gulch and accesses the eastern portion of the property. The Applicant is proposing to eliminate the crossing of the Helmer Gulch as part of this approval, and have one access point off of County Road 320 for the eastern portion of the property, and an access point off of Village Drive for the western portion of the property. A driveway permit has been issued by the Garfield County Road and Bridge Department for the access driveway off of Village Drive (see Exhibit P). The Applicant noted that in order to stabilize the Helmer Gulch channel banks, water drops will be placed within the channel flowline. These water drops are illustrated on the site plan. The Applicant noted that the water drops within the channel flowline will be constructed of boulder material beginning at a depth approximately 12 -inches below the delineated wetland elevation and extended to a height of 24 -inches above the same elevation. The surface area of each drop will range from 80-100 square feet per drop. The Applicant noted that the banks of the Helmer Gulch will be graded back at a maximum slope of 2:1 beginning at an elevation at least 12 -inches above the delineated wetlands. The site plan provided with the application illustrates a cross section of the property bank stabilization. The Applicant noted that the Wetlands within the subject property were delineated by Bio -Environs, Inc. and verified by the US Army Corps of Engineers, letter is included with the application. The Applicant indicated that the channel bank grading will extend along the property for a total distance of approximately 1650 feet. Some portions of the banks will also be pushed back away from the wetlands to provide room for a 6-8 foot wide gravel foot trail. All wetlands adjacent to the proposed earthwork will be lined with sediment control fencing prior to excavation and disturbed areas will be revegetated with native grasses. The Applicant provided revegetation procedures (see Exhibit G). Steve Anthony, Garfield County Vegetation Manager, reviewed the request and provided comments with respect to noxious weeds, revegetation and soil. Mr. Anthony's comments have been incorporated as conditions of approval (see Exhibit 0). The proposed foot trail will traverse the property from the eastern portion of the property, along the Helmer Gulch, to the western portion of the property. The foot trail is proposed to cross the Helmer Gulch in two (2) locations. Wood bridges will be constructed in the location of the proposed crossings. Colborn Floodplain Special Use Permit BOCC —1 D/20/03 Page 3 Water (City of Rifle) and gas mains (Xcel Energy) presently cross the Gulch near the center of the property. The Applicant intends on installation additional residential utilities across the Gulch within these existing easements as permitted or allowed. The Applicant is proposing to relocate the Last Chance Ditch along the northeast property boundary and construct a 1/3 acre pond. Staff understands that this portion of the Last Chance Ditch will be piped from the head gate to the Helmer Gulch. Prior to the issuance of the actual Special Use Permit, the Applicant shall obtain written consent from the Ditch Company allowing the piping of this portion of the Ditch as proposed. The Applicant noted that approximately 0.17 acres of delineated wetlands would be affected by the construction of the pond. Wetland vegetation will be reestablished along the banks of the pond through transplanting and/or seeding. All excess excavation material will be placed and graded along the southern property boundary. The Applicant has 11 shares of The Loesch and Crann Ditch Company (see Exhibit J). Staff understands that the Loesch and Crann Ditch enters the property from the west. Water from this Ditch enters the Helmer Gulch as some unknown point. Staff understands that the water from this Ditch will be directed to the Helmer Ditch, which shall also assist providing water to the proposed pond. There is a small portion of the property along County Road 320, where some existing trees will be removed, and a boulder retaining wall will be installed for slope stabilization. There is an existing pile of boulders on the subject property that will be used for this boulder wall. D. Applicability: Pursuant to Section 6.08.01 of the Zoning Resolution, any use to be developed in the floodplain shall be required to obtain a Special Use Permit, in accordance with the applicable regulations of Section 9 [Administrative Procedures] of the Zoning Resolution concerning the submission and processing of such permits. Pursuant to Section 9.03.04 of the Zoning Resolution, an application for a SUP shall be approved or denied by the Board of County Commissioners after holding a public hearing thereon in conformance with all provisions of the Zoning Resolution. II. REVIEW AGENCY AND OTHER COMMENTS: The application was referred to the following agency (ies) for comments. Comments that were received have been integrated throughout this memorandum where applicable. 1. City of Rifle: Exhibit K 2. Rifle Fire Protection District: No Comments. 3. Colorado Division of Wildlife: No comment. 4. Colorado Division of Water Resources: No comment. 5. US Corps of Engineers: Exhibit N. 6. Garfield County Road and Bridge Department: Exhibit H. 7. Garfield County Vegetation Management: Exhibit O. 8. Garfield County Engineer Department: No comment Colborn Floodplain Special Use Permit BOCC —10/20/03 Page 4 III. REVIEW CRITERIA FOR SPECIAL USE PERMITS (SECTION 5:03) Pursuant to Section 6.08.01 of the Zoning Resolution, "In addition to the determinations to be made by the Building Official under the provisions of said Section 9 [Administrative Procedures], all applications for the Special Use Permit under this Regulation shall be reviewed by the Floodplain Administrator" in accordance to the following standards: (1) To assure that alP ne6essary permits have been received frOm those governmental agencies from which approval is required by Federal or State Law, including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1344. Response: The Applicant applied to the US Army Corps of Engineers (Corps) for the Nationwide Permits required for construction. A copy of the request can be seen within the application. The Applicant applied for three (3) Nationwide permits (NWPs) with the Corps. The three permits include NWPs #18 [minor discharge], #12 [utility line activities], and #27 [stream and wetland restoration activities]. The Corps responded to the Applicant's request of NWPs (see Exhibit N). According to the letter, the Corps is unable to verify that the proposed activities meet the permit requirements of the three requested NWPs. The Corps noted that the request to stack permits is generally not authorized. The Corps requested that the additional information be provided in order to combine a couple of the permits: 1. An approved plat map depicting the building envelopes and the proposed impacts (including all utilities) for all homes within the property boundaries. In addition, a statement explaining how avoidance and minimization of losses of water of the US were achieved on the entire project. 2. A minimum of 25-50 foot buffer shall be established and maintained next to open waters or streams. These upland and wetland vegetated buffer areas are the preferred locations for offsetting mitigation requirements. 3. Deed restrictions, conservation easements, protective covenants or other means of land conservation and preservation are required to protect and maintain the vegetated buffers. 4. Evaporative loss depletion calculations must be provided to consult with the US Fish and Wildlife Service for the new proposed pond. In addition, impacts from changing existing wetlands to aquatic habitat are considered a loss of functional wetlands. Additional detail on inundation and fill amounts concerning the pond activities is necessary. The Applicant provided to staff a copy of a letter responding to the Corps concerns (see Exhibit N). Prior to the issuance of the actual Special Use Permit, the Applicant shall provide in writing a letter from the Corps indicating that all issues have been resolved accordingly. (2) To determine whether proposed building sites will be reasonably safe from flooding, and that the structure will be in compliance with the applicable provisions for uses and standards for construction set forth in this Resolution. Response: The Applicant asserts that the proposed improvements and building site will be safe from Colborn Floodplain Special Use Permit BOCC-10/20/03 Page 5 flooding, and that all development will comply with section 6.09.02 [Performance Standards] of the Zoning Resolution outline further in this memorandum. (3) To determine if the proposed development is located in the floodway. If located in the floodway, assure that encroachment provisions of Section 6.09.01(1)(A) are met. Response: The subject property lies entirely within the 100 -year floodplain of the Helmer Gulch. The property has been mapped by the Federal Emergency Management Agency (FEMA FIRM CPO #080205 1353 B. The entire property is designated as "AO" with a 1 -foot depth. The Special Flood Hazard Area is described as a 100 year alluvial floodplain. (4) To assure that adjacent communities, the Colorado Water Conservation Board and Federal Emergency Management Agency have been notified of the proposed watercourse alteration or relocation. Response: The application was referred to the Colorado Division of Water Resources office in Glenwood Springs, however, no comments were received. Comments were received from the City of Rifle (see Exhibit K). Lochen Woods of the City of Rifle noted that the application states that the Applicant has City of Rifle water service. Ms. Woods noted that the Applicant shall provide proof of an agreement for Rifle water service or apply for water service with the City. A copy of the completed application form has been submitted to the City of Rifle. A copy of the completed application form and letter can be seen in more detail in Exhibit L. The application was not forwarded to the Federal Emergency Management Agency. (5) To assure that the carrying capacity of the altered/relocated watercourse is maintained. (A. 85- 211) Response: The carrying capacity of the altered / relocated watercourse shall be maintained and shall not be affected by the proposed improvements. IV. ADDITIONAL COMMENTS: Section 6.09.02: The entire property is located within the 100 -year floodplain for the Helmer Gulch. The following performance standards shall be adhered to for development in the Flood Fringe or Flood Prone Areas: (A) The lowest floor, including basement, of any new or substantially improved building designed for residential occupancy shall not be less than one (1) foot above the maximum water elevation of the 100 Year Flood. (B) All new construction or substantial improvements shall be reasonably safe from flooding. (C) Any new construction or substantial improvement designed for commercial or industrial uses shall either: Colborn Floodplain Special Use Permit BOCC —10/20/03 Page 6 (i) Elevate the lowest floor level, including basement, to not less than one (1) foot above the maximum water surface elevation of the 100 Year Flood; or (ii) Provide flood -proofing improvements so that below an elevation of one (1) foot above the maximum water elevation of the 100 Year Flood, the structure, together with attendant utility and sanitary facilities, is water tight with walls substantially impermeable to the passage of water. Structural components shall be capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. Evidence shall be submitted and certified by a registered professional engineer or architect that the flood proofing meets the standards as set forth herein. (D) Any proposed development shall be reviewed by the Floodplain Administrator to insure that the potential for flood damage by the 100 Year Flood is minimized, that all public utilities and facilities are located, designed and constructed so as to minimize damage by the 100 Year Flood and that adequate drainage is provided to reduce exposure to flood hazards. (E) All new construction or substantial improvements shall be designed and adequately anchored to prevent flotation, collapse or lateral movement, be constructed with materials and utility equipment resistant to flood damage, and be constructed by methods that minimize flood damage. (F) New or replacement water supply systems and sanitary sewage systems shall be designed so as to minimize or eliminate infiltration of floodwaters. On-site individual sewage disposal systems shall be located so as to avoid impairment of them or contamination from them during a 100 Year Flood. (G) Within any area subject to sheet flow (Zone "AO" on the Flood Insurance Rate Maps) all new construction and substantial improvements of residential structures shall have the lowest floor, including basement, elevated above the highest adjacent grade of the nearest street to or above the depth number specified on the Flood Maps. Any new construction or substantial improvements of nonresidential structures in areas identified as subject to sheet flow shall have the lowest floor, including basement, elevated above the highest adjacent grade to or above the depth number specified on the Flood Maps, or, together with attendant utility and sanitary facilities, be completely flood -proofed to or above the elevation of the water surface as specified on the Flood Maps. (H) Require that all manufactured homes or those to be substantially improved to be placed within Zone A on a community's FEMA or FIRM shall be installed using methods and practices which minimize flood damage. For the purposes of this requirement, manufactured homes must be elevated and anchored to resist flotation, collapse or lateral movement. Methods of anchoring may include, but are not limited to, use of over -the -top or frame ties to ground anchors. This requirement is in addition to applicable State and local anchoring requirements for resisting wind forces. A manufactured home should be elevated a minimum of one (1) foot above the base flood level and anchored to the elevated foundation. (A.85-211; 89-057; 91-088) Colborn Floodplain Special Use Permit BOCC —10/20/03 Page 7 Section 9.03.05: Pursuant to section 9.03.05 of the Zoning Resolution: Any Special Use Permits may be made subject to a periodic review not less than every six (6) months if required by the County Commissioners. The purpose of such review shall be to determine compliance or noncompliance with any performance requirements associated with the granting of the Special Use Permit. The County Commissioners shall indicate that such a review is required and shall establish the time periods at the time of issuance of a Special Use Permit. Such review shall be conducted in such manner and by such persons as the County Commissioners deem appropriate to make the review effective and meaningful. Upon the completion of each review, the Commissioners may determine that the permit operations are in compliance and continue the permit, or determine the operations are not in compliance and either suspend the permit or require the permittee to bring the operation into compliance by a certain specified date. Such periodic review shall be limited to those performance requirements and conditions imposed at the time of the original issuance of the Special Use Permit. Response: At the discretion of the Board, this SUP may be subject to periodic review no less than every six months. Shall the Board feel that periodic review is required, the Board shall indicate that such a review is required and shall establish the time periods at the time of issuance of this SUP. V. STAFF FINDINGS: 1. That proper posting and public notice was provided as required for the meeting before the Board of County Commissioners. 2. That the meeting before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that meeting. 3. That for the above stated and other reasons, the proposed special use permit has been determined to be in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. That the application has met the requirements of Special Use (Sections 6.08.01 and 9:03) the Garfield County Zoning Resolution of 1978. Colborn Floodplain Special Use Permit BOCC —10/20/03 Page 8 VI. RECOMMENDATION: Staff recommends that the Board of County Commissioners APPROVE the Colborn Floodplain Special Use Permit for development within the 100 year floodplain of the Helmer Gulch, subject to the following conditions: 1. All representations of the Applicant, either within the application or stated at the meeting before the Board of County Commissioners, shall be considered conditions of approval, unless specifically altered by the Board. 2. Prior to the issuance of the actual Special Use Permit, the Applicant shall provide in writing consent or agreement from the Last Chance Ditch Company allowing the piping of the portion of the Last Chance Ditch along the northeast boundary of the subject property. 3. Prior to the issuance of the actual Special Use Permit, the Applicant shall provide in writing from the Army Corps of Engineers that the concern raised in the Corp's letter dated September 12, 2003, have been addressed accordingly. 4. Prior to the issuance of the actual Special Use Permit, the Applicant shall provide an approved Outside City Water Service permit from the City of Rifle granting permission of the primary residence to connect to the City of Rifle water main that traverses the property. 5. The Applicant shall adhere to the performance standards in Section 6.09.02 of the Zoning Resolution for development in the Flood Fringe and Flood Prone Areas applicable at the time of approval of this Special Use Permit. 6. The Applicant shall comply with the following recommendations from the Garfield County Vegetation Management Director: A. Noxious Weeds Inventory and mapping: The Applicant shall map and inventory the property for County listed noxious weeds. The wetland delineation report does not mention noxious weeds. A visual inspection from the county road indicated that Russian olives may be on the northern end of the property although it was difficult to tell the property boundary from that distance. All ditches and waterways on the property must be mapped also. ii. Weed Management: The Applicant shall submit a weed management plan for the inventoried noxious weeds, including removal and treatment of the aforementioned Russian olives. Colborn Floodplain Special Use Permit BOCC —10/20/03 Page 9 B. Revegetation The revised Revegetation Guidelines from the Garfield County Weed Management Plan calls for the following: i. Plant material list. ii. Planting schedule. iii. A map of the areas impacted by soil disturbances (outside of the building envelopes). iv. A revegetation bond or security at PreliminaryPian.and prior to F al Plat. 540 -Jt. pr;.ideffiV t€GIS ; ) si tC ''1 The Applicant has provided the plant material list and planting schedule. The Applicant shall quantify the area, in terms of acres, to be disturbed and subsequently reseeded on road cut and utility disturbances. This information will help determine the amount of security that will held for revegetation. Any straw used as a mulch shall be certified as weed -free straw. The security shall be held by Garfield County until vegetation has been successfully reestablished according to the Garfield County Weed Management Plan Reclamation Standards. The Board of County Commissioners will designate a member of their staff to evaluate the reclamation prior to the release of the security. C. Soil Plan The Revegetation Guidelines also request that the Applicant provide a Soil Management Plan that includes: i. Provisions for salvaging on-site topsoil. ii. A timetable for eliminating topsoil and/or aggregate piles. iii. A plan that provides for soil cover if any disturbances or stockpiles will sit exposed for a period of 90 days or more ,11 Dow a LorsCo Cattily/ D14(M Cd,0- akv16,L -Otie4„ (evic c:v-)%L_\ (,(6(Loo -Ccwkes Gv-y-E, elity-e,(L41SculAAL . REVEGETATION kOCEDURES ALL AREAS DISTURBED DURING CONSTRUCTION WILL BE REVEGETATED ACCORDING TO THE FOLLOWING CRITERIA. DURING CONSTRUCTION, EROSION WHICH MAY POSE A THREAT TO SURROUNDING PROPERTIES OR WATERWAYS WILL BE CONTAINED THROUGH THE USE OF TEMPORARY EROSION CONTROL MEASURES AS DEEMED NECESSARY TO COMPLY WITH GOVERNING AUTHORITIES. REVEGETATION OF DISTURBED AREAS SHALL COMMENCE IN THE FALL, PRIOR TO THE FIRST MAJOR SNOWFALL, OR EARLY SPRING IF SITE CONDITIONS ALLOW. EROSION CONTROL MEASURES ARE AIMED AT CONTROLLING/CONFINING SEDIMENT WITHIN OR NEAR THE AREA OF DISTURBANCE. THE LONG TERM STABILITY OF THESE AREAS WILL DEPEND ON THE ESTABLISHMENT OF APPROPRIATE GROUND COVER VEGETATION. THE PRIMARY GOAL OF THE REVEGETATION EFFORT IS TO PROTECT WATER QUALITY WHICH WILL REQUIRE A STURDY GROUND COVER AS SOON AS POSSIBLE. FOLLOWING ARE STANDARDS WHICH HAVE BEEN ESTABLISHED FOR REVEGETATION APPLICATION TECHNIQUES: 1. ALL TOPSOIL SHALL BE SALVAGED FROM DISTURBED AREAS, STOCKPILED AND RE—SPREAD PRIOR TO REVEGETATION. TOPSOIL SHOULD NOT BE RE—SPREAD ON AREAS OF THE SITE PROPOSED FOR FUTURE BUILDING. THE FINISHED SOIL SURFACE SHALL BE LEFT IN AN IRREGULAR, SCARIFIED CONDITION WHICH MAXIMIZES MOISTURE RETENTION ON THE SLOPE. 2. WHERE SLOPE ALLOWS, SEED SHALL BE DRILLED OR OTHERWISE MECHANICALLY INCORPORATED INTO THE SOIL ("FARMED"). WHERE STEEPNESS OF SLOPE RESTRICTS EQUIPMENT ACCESS, SEED SHALL BE HYDRAULICALLY APPLIED AND FOLLOWED BY APPLICATION OF HYDRAULICALLY APPLIED MULCH OR STRAW. STRAW MULCH SHALL BE SECURED IN PLACE WITH A HYDRAULICALLY APPLIED TACKIFIER. 3. SLOPES WITH GRADIENTS OF 2:1 OR STEEPER SHALL BE HYDRAULICALLY SEEDED, STRAW MULCHED AND PROTECTED BY PLACEMENT OF EROSION BLANKET (JUTE, EXCELSIOR OR SIMILAR ORGANIC PRODUCT). STRAW TACKIFIER IS NOT REQUIRED WHEN EROSION BLANKET IS USED. 4. THE EXPOSED SLOPE WOULD BE PREPARED WITH MINI BENCHES. TOPSOIL WOULD THEN BE SPREAD OVER THE SLOPE, SEEDED AND COVERED WITH STRAW. EROSION CONTROL BLANKET WOULD THEN BE TACKED INTO THE HILLSIDE COVERING ALL THE SEEDING. IF EXISTING MOISTURE CONDITIONS INDICATE THE REQUIREMENT FOR IRRIGATION, THEN EITHER DRIP IRRIGATION OR MINI—SPRAY IRRIGATION WOULD BE USED. 5. REVEGETATION WILL BE CONSIDERED SUCCESSFUL WHEN THE CONTRACTOR HAS ESTABLISHED A DESIRABLE PERENNIAL VEGETATION (SEED MIX) BY THE END OF THE SECOND GROWING SEASON SUFFICIENT IN COVER AND CAPABLE OF RENEWING ITSELF TO ADVANCE TO THE ACCEPTABLE STAGE OF REVEGETATION AND THE DISTURBED AREA IS CONSIDERED STABILIZED AND EROSION CONTROLLED. SCIENTIFIC NAME GRASSES AGROPYRON SMITHII AGROPYRON TRACHYCAULUM FESTUCA IDAHOENSI5 FESTUCA RUBRA KOELERIA MACRANTHA ORYZOPSIS HYMENOIDES POA SANDBERGII SITANION HYSTRIX STIPA VIRIDULA FORBS ACHILLEA IANULOSA BALSAMORHIZA SAGITTATA LUPINUS ARGENTEUS SPHAERALCEA COCCINEA NATIVE SEED MIX COMMON NAME WESTERN WHEATGRASS SLENDER WHEATGRASS IDAHO FESCUE RED FESCUE JUNEGRASS INDIAN RICEGRASS SANDBERG BLUEGRASS SQUIRRELTAIL GREEN NEEDLEGRASS WESTERN YARROW ARROWLEAF BALSAMROOT BLUE LUPINE SCARLET GLOBEMALLOW PLS Le/ACRE VARIETY SEEDING RATE ARRIBA 4 PRIMAR 4 JOSEPH 2 2 1 1 CANBAR 2 1 LODORM 2 1/8 1/4 1/4 1/4 EXHIBIT Boundaries Unlimited, Inc. 923 Cooper Avenue, Ste. 102 Glenwood Springs, CO 81601 tele: 970.945.5252 fax: 970.384.2833 DATE: 7/15/03 FILE: SPECIALUSE SHEET:2 HARRY COLBORN RIFLE, COLORADO WILLOW RANCH REVEGETATION PROCEDURES 05/29/2003 22:51 6259627 ROAD AND BRIDGE GARFIELD COUNTY Building & Planning Department Review Agency Form Date Sent: 9/16/2003 Comments Due: 10/10/2003 Name of application Colborn Floodplain SUP Sent to: Qarfield County Road and B[idRC Dent PAGE 02 EXHIBIT Garfield County requests your comment in review of this project. Please notify the Planning Department in the event you are unable to respond by the deadline. This form may be used for your response, or you may attach your own additional sheets as necessary. Written comments may be mailed, e-mailed, or faxed to. Garfield County Building & Planning Staff contact: Tamara Pregl 109 e Street, Suite 301 Glenwood Springs, CO 81601 Fax. 970-384-3470 Phone: 970-945-8212 General comments' A d pr peekwith spgpiftc con itions listed in the permit. A (hiveway being used from Ct, 57 L.- t. 'n to on Di : to :... . I, • 6 '%li t.; • n • ver .• n i • it ' , by mg (1,1p : e ' . ; kin • , i h Den A tea • : • . dac i iijj ted it wasaxtreed that this access would be_proocr1v permitted.uld not be Used to amass thepropertt that tbe5UP is being applied for. Dene stated that the mage sgp�rating tbepropercly would n• . •. . he lo . lin • t• , d.Ilit ''.nal fr.•r u ce m Cr 0 County departments involved. Name of review agency: Garfield 4ountyj9ad and Bridge Dept By: Jake B. Mall _ Date 9/30/2003 69/02/2003 20:53 19766251324! 67/29/ 70133 22: BB 62: EA Pi: Garfield County Appiic+ecew Dow 7407403 3 Tanis au 1&#723 Debi* 3 iegagiatikagtatrinfakaa3P4U Pima& Rteasbe dd Noakes: ?barna & eon Cawsp& * m0 Nrerbe : 320 Inypector: turf G:ris Sa&Corlikearr: N/A Olrmeol=w= _ .. r+rlFw hereby repeats permission and authority Board y` Board of Coney Commissioners to cora vot e driveway ►ppr+.ch (e.) os, the ti -o+r-w*y off clr Gtr RowidafiL OS 4 CR 320, *discern sv plop 's property lorded tie tbs nieak +fee of mud fart!. p.W.o of obMhiag.eowx so prep.ty. Ap9NaM tuitrntts berawidt for the ontsidoration and approve of the Board of County Cern. nvsio.res. a .ketch of Ow proposed iosl>sJiatice showing ■U the aaosesery specification detaiisolutiugi 1. Resifts of hod >p rad. 2. UiWrao torn waterline *inset b ptupwty 3. Number of driveways tpnaeted 4, width odpapsed driveways and mete dryepdssb_ S. Deism* Atom driveway to iced isysdotioe if an). 6. S end awe of anis sspatmtioe driveways tf more than ono approach. ,. Setback die ne of bt.Wlnp(t) and odor mucosas improvements. O. No ueln.,dise erequipmeat on coney road, any decoy awed to county rove will be malted el sbdivi ion lbapneNn tier sato yore from tbs dela of esgrlrem. fdidallturdaltea 1) The "Seen repsrsans at parties in infarte and affirms that the driveway approach (es) is as be coosseucssd by bins for the Woe tide purpose of setmiag amen to kis prryaty and slot for the purpose of doing coxing"! or service. reticles on the rued nem sof why. ;) The spp&ioaat ibap Auld* iii Inbar end mai dsls. psrttorrn all work. and pay std costs u caneectat with the construction of tbs drivewny(s). A I work shall be completed witb+r pity (30) drys of the permit dee. 3) The type of cosettttatioo "bel be tt deeliserd andtor appno rad by the Bata ofd Comarinioners or Hasid rt+pseseocsdve and ed saleriab mad scall be of sstifbatcey "Why an subject to inspection wed appvvel of the Bard ofCaIMyConseneiaraws or theirt+Msseoletive. 4) Ttw traveling' public seed be prwstsd dram the b eeellstiw+ aid+ proper wen % suss and eigwrila and firs gond of County Cosetrsisinaort and frit duly appointed aaesrs and employee shall be held harmless apalMt any acture for seismal Wary or ptopsviy thump rudai.sd by soy reason of the ra►vcisa of the Permit, 5) The Apg Hooses thea MAIM sempossibility tAa renerval es clearance of snow, kit, ter sort von any portion of The driveway moos* (s) dvw da nest dapositnl an the drivsrwy(6) is the crew of the Cotulty now moral operation. 09/02/1003 20:53 19706258247 0/2!)%2603 <?f ea 62: NR1Ut t74 ROAD 01�'D BR] I1tiE PAGE. 04 Eiesinatistu ,-. 1. A driveway approach to landsrasood to be the portion dila courey road rigs -of way between the pavadsnt edge and die property that dint is designed rad meal for stn M snotanpr of traffic) between. the roadway nod abetting Peale/11Y. 2. At sty i teesectlai i driveway ANN ire ta.i. .--icd for i cut eBay d frcrn _ to psarrro the aonai►1 and tats momeneei of traffic. (It ie recowuusded for rural essidonce earta»w *at a n►ierasum intersection chargers, of 30 feet be provided tad for sats) ooetlaeroial owtreasen a meliorate" of 100 feet be provided,) 3. All emeranoes anti emirs Melt be w located and conaminesd riot vehicle: apprreehi a or wenn then will to able to obolo adsquas- sight dictums. in both directions aims the ooturcy road in order le misanvet'ably tad without isterfrri with warty road traffic_ 4. The Applbast than tat be permitted so tract any sign or ditp1sy ta.saria4 ether fixed or laovabk, on or e aeedlat mow ante portion older comity road rigiewf►my. i. Cananliy, ra more than sae approach shall be ahiawsd aity pmt of proptitey nee tmessaffof rrittichis Ira' then ours boar/nal (100) feet. Add/fiend I e ntareas e► 'Kira far parcels lariat • bonagi in sorsa of one bunked 100) fen 41011 be permitted cry saw Aborting of actual aervmience sad naeessky. 6. All driveways shall be so located tent the fisted potties .dines i as the reveled way wilt not enctnech won ptrn>ptr0l. 7- No commented drirt %y 'fell trove awidth greemii t1,s dairy (3el) fest sneaseredat Opt angles so the eestterlbre of the driveway atone as increased by pirsirsibie radii. No noeco onerciat driveway shall iuve a teidl pais elan twenty (20) !bat tt+easnred at risk chyles to fire onmsrlas of the driveway, tempt as iaoreased by purniesible redia 8. the axil ass approach to the wad way bo sou to :VI la& m fen o s *c ackkaty read red of say *nee blown okay TO) dorm and ehY (60) degree; but glad not be less than sixty (60) legs'.. A¢tstiteet wi be tends sacra* b die type of ref& to be served add caber physical conditions. 9. The oonenuotfon e(psrkbrg R envie' am moues en rtes CC•attry road rpt- of wee is specifically prohibited. CoestNoial ntabii botet$ foranwow. vehicle. should provide off=tlr►rosd parting flncilities. 10. The pule of swat= aid acre shall sky* doweweed nod sway from the rued waive at the woe rate a the Mad 1101010mr slope and kW a ditatet* wield err, the wilddt tithe shoulder Mut in no cans less thus wady (20) fiat freer Ws pe a .eel tip. Approach Blas .re retttric*ed to sot sera tbtu tan puma* (1146). n. AMI driveways aid 'wreathes shell be so arasereoid del th y thail nae interfere with tie drikets syn of etre sump or comety sod. The Appisamt wilt be tete lied m pewit* at hie own copulae. b& m e e4naatw ru at ealteatie ted *setts, tsbieb will become se integral pin eta dttsd s drainage mean. The Hoard of County Costaiesiosrn or ire r epresantstive, prior to denidation, meat approve the douduesione sod types d ■11 drain. Nae: This permit slinmh be wade anrihbls et the etre when sad *herr Wert is beteg dans. A watt inateb or tinning eft* proposal driveway(*)' set aeiempas4 egpli etl0a N. perish MN be boned *Meer drewiig► *f-_-, er ebsstb. 09/02/2003 20:53 19706258247 97/29/20En3 22:BB 62.5 rHkac u.) ROAD ANL BRIDGE PATE C3 6) Ind . avant it becod+ae accessary to remove toy rid -o4 "ay feat, de posts on eider side tithe aobssco stall bc surely brava before the (moo it ou t m lemma awry odor/dog of the remaining freak ilo,d all poets and wits ruaovod shell bc broad over to tbs Diepia haloed Supervisor of tie Board of County Commimioners. 71 No manilas cr mididarnelsal bs arses lathe y(s) er its ygetne.o es ea eels riolet-cfmay riiebaut ginkgo ptrsisaits eftbs Beard of County Cos menionks. N) Presences and apacificatiosu outlined herein atoll apply an all made tundesr due joridlcdion of'tbo Dowd of Canty Commissioners of Garfield Coca y, Colorado, and case aper illations, sr forth on doe italicised hereof and incorpora od ballerinas ooedhions bench I. Tki is err a Meer badly &wait *sir. 2. W wile detrrw.y Bram by W dare br 4" tbkk ofs pielt or coecreto from warty bead time poverty is reignkild. 3. Visibility in rod as be to ok ow ems Mot to be dwte+d ar tbk chase_ d war* sore Amy b r.N.kod. S. Iltnpa—ib ler wort sear ti, Impends* of driveway etP be requited epee nepia4oe and earl Rs approved by rsprsscoiative of *sea & Bridge. In signing obit epplicatiow and upon receiving aslserlat+ne and parwiuion to Instill she driveway approach (ea) demoted heroin the Applicant sipifim dot he kis raid. understands aid wtapu the farkpolog provisions and canditiars9 sad area b oonakeuet the y(i) in accordance whi tie actaxopeaying specification pit reviewed and tpprevad %_ by the Rood of County Caeredwioaers- Telephone (Lobar: o - 2 s- tis0, 0/60, Pared ranted_,_ itikert to the provisintiorocenailton eat ardlii.et stipuluird bard;. Fa Board of'Cousry Coaatnintiooets' of Gatflatd County, Cairado: itepraaatnrivs of G.rfs d Courcy Road Mod Brides Siattarnra tri/t12/ 2b113 21:1:53 1`3 7/1625824 3?/29/290:3 22: In 62` ROAD AND BRJDGE Garfield County Road sad Bridge Dapistaind P.0_ lom 431 Effie, COSMO Wax- 01011)6415.607 rrwt nt r• PAGE 6: Invoice Levokre Date_ 7/31)92069 'awoke Number Si Sill Ta Harry Colborn 1605 Assport Read Rifle . CO 81650 Driveway Permit NumberU MAO per Delvew ay Penni& Drtwrwy Perak Fee: 575.00 Total Dur: $73.00 Thank Your EXHIBIT 1 3°- ZO 39Vd LtZ8SZ90L6T ZS:6T 900Z/LZ/80 CITY of RIFLE 202 Railroad Ave. • P.O. Box 1908 • Rifle, Colorado 81650 • (970) 625-2121 • Fax (97 «.3d D OCT . October 3, 2003 Tamara Pregl Planning Department 108 8th St., Ste. 201 Glenwood Springs, CO 81601 EXHIBIT RE: Colborn Floodplain SUP Dear Tamara, The Rifle Planning Department has no concerns or objections with the Colborn SUP. However, the application states that the applicant has City of Rifle water service. Please remind the applicant that they must either show proof of an agreement for Rifle water service or apply for out of City water service. If the water has not yet been granted, there is no guarantee that the City Council will approve the service. Enclosed is an application for out of City service in case they need one. Sincerely, Lochen Wood, Planner c. Planning Director enc. Application for Out -of -City water service Planning and Development Dept. • 970-625-6224 • (fax) 970-625-6268 • planning@rifleco.org rifleco.org • CITY OF RIFLE WATER/SEWER SERVICE OUTSIDE OF CITY LIMITS APPLICATION INFORMATION The decision to service water or sewer to properties outside of the City of Rifle is determined by the City Council. The Council may grant service to properties that meet one or more of the following conditions: ■ The issuance of an outside water tap will create substantial and meaningful long term employment opportunities for City residents and that the water is not determined to be excessive for the level of employment produced; ■ The issuance of an outside water tap is not appropriate to annex the property at the time of request for service, but the extension of service is logical and necessary for the orderly expansion of service consistent with the City's Comprehensive Plan; ■ The issuance of an outside water tap will enhance the operation of the water system within the City through upgrading of water mains, looping or the addition of storage; ■ There is a demonstrated significant human health hazard from existing domestic well which could be eliminated with a City water tap, and that the water tap use will be restricted to the pre-existing development. In the event that a water tap is granted, the following conditions are applicable: • All new residential development will be subject to City of Rifle development standards, including but not limited to subdivision, public improvements and applicable impact fees. • All residential development to be served by City water must be served by City sewer. Interim septic systems may be permitted in specific circumstances. ■ The developer will be responsible for any capacity and storage upgrades to the water distribution system that result from the water tap. ■ Water main extensions must meet City public works standards and cannot be less than eight inches in diameter. ■ Long dead-end water mains must be avoided unless looping is planned in the near future. ■ The density and location of the development cannot place a burden on water system repair, maintenance and meter reading significantly higher than the user fees anticipated. CITY OF RIFLE WATER/SEWER SERVICE OUTSIDE OF CITY APPLICATION CHECKLIST Please submit the following for a complete application. Six (6) packets including the following: An application form filled out completely and signed with original signatures (only one needs to have original signatures) A legal description of the property Proof of legal ownership and the names and addresses of the owners and any lienholder(s) A statement of the purpose of the application including a brief description of the proposal and the reasons and justification for the request If the proposal includes subdivision, please submit a sketch plan of the proposal A vicinity map indicating the location of the property Other Materials City staff may request other materials deemed necessary for the review of a specific case. "<s)` City of Rifle o 291 hWY6624 To r-ro Grand Junction iva ft .rt Rd. C8 331 to hioPrite et, (-7° To 4 Glenwood Sprin 1 City of Rifle Planning and Development 202 Railroad Avenue, Rifle, CO 81650 Phone: 970-625-6224 Land Use Application Form www.rifleco.org Fax: 970-625-6268 Application Type (check all that apply): ❑ Amended Plat ❑ Annexation ❑ Conditional Use ❑ Final Plat ❑ Floodplain Development ❑ Lot line dissolution ❑ Lot line rearrangement ❑ Minor Subdivision Sketch Plan ❑ Outside City Water/Sewer ❑ Preliminary Subdivision Plan ❑ Site Plan ❑ Sketch Subdivision Plan ❑ Sketch -Preliminary Subdivision Plan ❑ Text Amendment ❑ Vacation — Easement/Right-of-way ❑ Zoning Variance ❑ Zoning Map Amendment ❑ Other Brief Description of Application(s) Property Information Address: Parcel ID number: Legal Description (attach additional sheet if necessary): Access to Property: Instructions for Submittal • Original completed applications with original signatures must be provided. Copies are not acceptable. • In addition to this application, all information on the supplemental checklist must be submitted. • Incomplete applications will not be accepted and will delay processing. • Initially, one copy of each document may be submitted to the Planning Department for review. When the documents are deemed adequate, additional copies as required by the Planning Department shall be submitted. However, the entire application packet, including copies, must be received by the application deadline. • All documents, plans, plats, etc. submitted shall be no larger than 8 1/2" x 14" in size or folded to that or a smaller size STAFF USE ONLY Pre -app conference: (date) Application received: (date) Application complete: (date) Case Number: Fees: Fee total: Deposits: Deposit total: Paid: (date) Referrals sent (date) Project Team Information (fill in all that apply) (add additional sheets if needed): Property Owner(s): Name: Phone: Company: Fax: Address: Authorized Rep.: Name: Phone: Company: Fax: Address: EngineerlDesigner(s): Name: Phone: Company: Fax: Address: Billable party: ❑ Owner ❑ Representative El Engineer Billable Party Fie Duiaoie Tarty, Dy signing below, hereby agrees to reimburse the City the actual costs to the City for engineering, surveying, and legal services rendered in connection with the review of the Application. The Billable Party shall also reimburse the City for the cost of making any corrections or additions to the master copy of the official City map and for any fees for recording any plats and accompanying documents with the County Clerk and Recorder of Garfield County. The Billable Party agrees that interest shall be imposed at rate of 1.5% per month on all balances not paid within thirty (30) days of the date of the statement. In addition to any and all remedies available to the City and in the event the City is forced to pursue collection of any amounts due and unpaid, the City shall be entitled to collect attorney's fees and costs incurred in said collection efforts in addition to the amount due and unpaid. Name (printed) Address Phone Signature Type of Identification County of State of Sworn to and subscribed before me this By (name printed) Witness my hand and official seal. Notary Public My Commission expires day of Fax SS (fill in month) (fill in year) Disclosure of Property Ownership ❑ If owner is an individual, indicate name exactly as it appears on the deed. ❑ If owner is a corporation, partnership, limited partnership, or other business entity, name principals on a separate ❑ page. Please include the articles of organization, partnership agreement, etc., as applicable. If owner is a land trust, name beneficiaries on a separate page. ❑ If applicant is a lessee, indicate the owner(s) on a separate page. ❑ If applicant is a contract purchaser, attach a copy of the contract, and indicate the owner(s) on a separate page. Please provide the name(s), mailing address(es), street address(es), and phone number(s) for all owners. Property Owner Affidavit I/We, , being first duly sworn, depose and state under penalties of perjury that I am (we are) the owner(s) of the property described herein and which is the subject of the application and proposed hearings; that all answers provided to the questions in this application, and all sketches, data, and all other supplementary matter attached hereto and made part of this application, are honest and true to the best of my (our) knowledge and belief. I (we) understand that this application must be complete and accurate prior to a hearing being scheduled. I (we) authorize County staff to visit the site as necessary for proper review of this application. (If there are any special conditions such as guard dogs, locked gates, restricted hours, etc., please give the name and phone number of the person(s) who can provide access to the site.) Name (printed) Name (printed) Address Address Phone Phone Fax Fax Signature Signature Type of Identification County of State of Sworn to and subscribed before me this day of (fill in month) (fill in year) SS By (name printed) Witness my hand and official seal. Notary Public My Commission expires: Authorized Representative I/We further permit to act as my/our representative in any manner regarding this application, to answer questions and to represent me/us at any meeting and public hearing(s) which may be held on this application. NOTE: All correspondence will be sent to the authorized representative. It will be the representative's responsibility to keep the owner(s) adequately informed as to the status of the application. Name (printed) Address Phone Fax Signature Type of Identification County of State of SS Sworn to and subscribed before me this day of (fill in month) (fill in year) By (name printed) Witness my hand and official seal. Notary Public My Commission expires BOUNDARIES UNLIMITED INC. Consulting Engineers October 15, 2003 Mr. Matt Sturgeon City of Rifle Planning and Development 202 Railroad Avenue Rifle, CO 81650 RE: Outside City Water Service: Colborn Residence Dear Matt: The purpose of this letter is to submit an application for an Outside City Water Service for the Colborn Residence located at T.B.D. County Road 320, just east of the Rifle Village South Subdivision. A City water main traverses from County Road 320, through the center of the 27.54 acre property and into Rifle Village South. The Applicants, Harry and Colleen Colborn, are requesting permission to connect their proposed single-family residence to this main. Domestic sewage will be disposed of via an engineered individual sewage disposal system since the proposed residence is at least 1200 -feet away from the nearest sewer main. I have enclosed six (6) copies of the application as well as a copy of the Grading Plan which was submitted to the Garfield County Building and Planning Department. If you have any questions or comments, please feel free to contact me at (970) 945-5252. Sincerely, BOUNDARIES UNLIMITED INC. Deric J. Walter, PE Project Engineer enc. 923 Cooper Avenue I Suite 102 I Glenwood Springs I Colorado 81601 Ph 970.945.5252 Fax 970.384.2833 GARFIELD COUNTY 9703843470 10/07/03 12:31pm P. 004 CITY OF RIFLE WATER/SEWER SERVICE OUTSIDE OF CITY APPLICATION CHECKLIST Please submit the following fora complete application. Six (6) packets including the following: An application form filled out completely and signed with original signatures (only one needs to have original signatures) A legal description of the property X Proof of legal ownership and the names and addresses of the owners and any Iienholder(s) — ASSESSOR -W O% A statement of the purpose of the application including a brief description of the proposal and the reasons and justification for the request If the proposal includes subdivision. please submit a sketch plen of the proposal A vicinity map indicating the location of the property Other Materials City staff may request other materials deemed necessary for the review of a specific case. City of Rifle Planning and Development 202 Railroad Avenue, Rifle, CO 81650 Phone: 970.625.6224 Land Use Application Form www.rifleco.org Fax: 970-625.6268 Application Type (check all that apply): ❑ Amended Plat ❑ Annexation ❑ Conditional Use ❑ Final Plat ❑ Floodplain Development ❑ Lot line dissolution ❑ Lot line rearrangement ❑ Minor Subdivision Sketch Plan in Outside City Water/Sewer ❑ Preliminary Subdivision Plan ❑ Site Plan n Sketch Subdivision Plan ❑ Sketch -Preliminary Subdivision Plan ❑ Text Amendment ❑ Vacation - Easement/Right-of-way ❑ Zoning Variance ❑ Zoning Map Amendment n Other Brief Description of Application(s) I' ffi WATER SEleVrr-E- Rare.. A S 33N', (e - RI-air/J./ RE.s -- 7 C.E FRztvi mg . C WATER_ 41 1+zzt4 TRAVERSES 71 -1 -1? -0 O6 tf TtkE 1.)13.TEz- p?0902Ty CMA_L--7.1 S 1E3 RLFL— V 6E Socrrt+' . Property Information Address: Tt1 L ('buary RD 32c Rt-pc.E CO (]"u..r sroF.s-P U.72.L.A4E 'rrt) Parcel ID number: 21117- Zbl - Ob - Ob9 Legal Description (attach additional sheet if necessary): SEE 4rfl c-t-t€D Access to Property: NEk1 DR.EVE f J,ty FRZD v+1 C. Q. �Z Instructions for Submittal • Original completed applications must be provided. Copies are not acceptable. • In addition to this application, all information on the supplemental checklist must be submitted. • Incomplete applications will not be accepted and will delay processing. • Initially, one copy of each document shall be submitted to the Planning Department for review. When the documents are deemed adequate, additional copies as required by the Planning Department shall be submitted. • All documents, plans, plats, etc. submitted shall be no larger than 8 112" x 14" in size or folded to that or a smaller size STAFF USE ONLY Pre -app conference: Application complete: Fees: (date) Application received: (date) Case Number: Fee total: (date) Deposits: Deposit total: Paid: (date) Referrals sent (date) Disclosure of Property Ownership IV If owner is an individual, indicate name exactly as it appears on the deed. ❑ If owner is a corporation, partnership, limited partnership, or other business entity, name principals on a separate page. Please include the articles of organization, partnership agreement, etc., as applicable. ❑ If owner is a land trust, name beneficiaries on a separate page. ❑ If applicant is a lessee, indicate the owner(s) on a separate page. ❑ If applicant is a contract purchaser, attach a copy of the contract, and indicate the owner(s) on a separate page. Please provide the name(s), mailing address(es), street address(es), and phone number(s) for all owners. Property Owner Affidavit I/We, 44kgS2-\-1 AND COLLEEM COLBa2N , being first duly sworn, depose and state under penalties of perjury that I am (we are) the owner(s) of the property described herein and which is the subject of the application and proposed hearings; that all answers provided to the questions in this application, and all sketches, data, and all other supplementary matter attached hereto and made part of this application, are honest and true to the best of my (our) knowledge and belief. I (we) understand that this application must be complete and accurate prior to a hearing being scheduled. I (we) authorize County staff to visit the site as necessary for proper review of this application. (If there are any special conditions such as guard dogs, locked gates, restricted hours, etc., please give the name and phone number of the person(s) who can provide access to the site.) 141A -IRR --‘1 Cm� 8�2-� ��� L1 f�N Name (printed) Name (printed) (1) QS RvFLE, } Co 'SI (c Address 1,26- 1-15b1 Phone &Ls 2A Fax at(' 0/it Signatures'/ County of GAR.F ) SiE Address o•eme Phone JAa�'►� Fax / . (Qii4fic„ Signature SS State of p(tApn Sworn to and subscribed before me this day of UC4-(„)� (fill in month) By JaS er L, 16r%' (name printed) Witmy hand and offi9ial seal.i. Nota/v Public My Commission expires: /.z/3/ �0 3c� 3 (fill in year) Authorized Representative I/We further permit 'Ct c_ WP LTi f13.ticr (&Wt=S --gpvutAS (k.em,c7Ep,,kto act as my/our representative in any manner regarding this application, to answer questions and to represent me/us at any meeting and public hearing(s) which may be held on this application. NOTE: All correspondence will be sent to the authorized representative. 11 will be the representative's responsibility to keep the owner(s) adequately informed as to the status of the application. ktot4 /Nr COL.Weiti Ca3aR_.,,, Name (printed) /co bs 2i'o,e� Rt , Address (,)2_5 — Lf5o-7 Phone 025 4 7 Fax Signat"ur glitz i GC ;P/4U) Type of Identifi6ation County of State of Ia_c,3e:5/ Com Sworn to and subscribed before me this SS l / // -4/ day of el By -Ja r1 e T L/ l�a. r p (name printed) ,F=``^=:~�=.,„� Witte my hand and�ffipial sial:'"""'`( `\' (fill in month) (fill in year) 4; Notated Public My Commission expires .\\..Y.i4Mi 3 ,\. (, ,_1'\ •`lam ,� � r' Project Team Information (fill in allthatapply) (add additionalitional sheets1f needed): Property Owner(s): Name: �1i�2�2,�1 tcnlo COLLEJJ COL)3o2rl! Phone: (02-6— LISa7 . Address: 1(005 AER.ForZT IIt Int e Cc ) LSO . Authorized Representative: (if different from owner) Name: Rs c. W eN t-TEW-- i�v►.3nite- 01.1 LCm. TEDINC- C�, Phone: 9,-SZSZ . Address: 9•2_..- COO 9E12_ Ave 1 -rE ItY2 6Lai iJoop SPR -11'3G 3, CO g I Lz. 6 1 DeveloperlSubdivider: Name: Phone: . Address: Engineer(s): Name: ��r�rnE " Phone: . Address: Billable party: : Owner ❑ Representative ❑ Developer ❑ Engineer Billable Party I he Billable Party, by signing below, hereby agrees to reimburse the City the actual costs to the City for engineering, surveying, and legal services rendered in connection with the review of the Application. The Billable Party shall also reimburse the City for the cost of making any corrections or additions to the master copy of the official City map and for any fees for recording any plats and accompanying documents with the County Clerk and Recorder of Garfield County. The Billable Party agrees that interest shall be imposed at rate of 1.5% per month on all balances not paid within thirty (30) days of the date of the statement. In addition to any and all remedies available to the City and in the event the City is forced to pursue collection of any amounts due and unpaid, the City shall be entitled to collect attorneys fees and costs incurred in said collection efforts in addition to the amount due and unpaid. CaLZO. Name (printed) 16b5 A s=6(& -r Co 8/ Address Phone (// telly" Signature; ft)A, • 6/;/)1- e z.-/ 3 S:65 /Type of Identi ication County of G R.F ELD State of l_.bt.o'RAID b Lo25 -'2 291 Fax SS Sworn to and subscribed before me this /N-iL day of 0010A t'( By Ja nc L..I h 6x._17 (name printed) 1 r; t `t W, .n ss my handand official. seal, Not Public My Commission expires • , (fill in month) (fill in year) ,7131: 71<10101i0?. �nG Si1:di 7)0! IhCic} tiii• :n�K'. ;U. lirt' CI:::ILCC. J<r>. -.. am not>tcrr: i�; ; t 1 c:, •:. rt}.c' ;.;.:, 1 ` ' PAR'? R mt Coniiatr ICUnxat0 ,. 1 t nt:i[ir. • : tr±n:+n:.;c• u:iluci:n} rn.; cihiig:'1114: tc so d L en:h rS rr rsx r u: :ntc al,' 7:11c.::11011 SCHEDULE A Amount of Insurance: $240,000.00 Policy No. A60-222833 Premium: $496.50 RE -ISSUE RATE Pile No. 9907068 Date of Policy: 25TH DAY OF AUGUST 1999, AT 7:59 A.M. 3. Name of Insured: HARRY COLBURN AND COLLEEN COLBURN 2. The estate or interest in the land described herein and which is covered by this policy is fee simple and is at date of policy vested in: HARRY COLBURN AND COLLEEN COLBURN • 3. The land referred to in this policy is described in the said instrument, is situated in the County of Garfield, State of Colorado, and is identified as follows: COUNTERSIGNED: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF dlh NM 1 PA 10 ALTA Owner's Policy (10-17-92) FORM 1190-2 Schedule A • act of land situated in the sSi;1/4NE1/.g and the pion 20, Township �, SE1/9NF.1/9 of Iridian outh, Range 93 West of the Sixth Principal County of Garfield, State of Colorado; _more particularly described as follows: said tract being Commencing at the center of section 20, a rebar and cap found in place and marked L.S. thence North x'15397; thnceastol 89° 28 02" East 298.11 feet to y line of Document O. a in tht an eld County Clerk and Recorder's 264953 (as filed the Garfield thence (bounded Office). The TRUE POINT OF BEGINNING: East 106.94 feet; on the Northwest by said document) North 21°12'56" thence (bounded on the East 36.03 Northwest by said document) North 49°95'59" feet; East 243.43 feet; thence (bounded on the Northwest by said document) North 42°96'04" thence (bounded on the Northwest by said document) North 64°56'16" East 103.86 feet; thence (bounded on the Northwest by said document) North 26°36'10�� East 50 det; thence (bounded on the South b .9 o a by said document) North 82°27'40" West 599.5 of feetpoint on the Easterly line of a 60.00 foot road way (described in Document No. 245579 of the Garfield County Clerk and Recorder's Office); thence along said Easterly right cegat nus_ of way along the arc of a curve to t°0 the0'hg a radius of 129.37 feet and a central angle of a distance of 0.14 feet, (chord bears North 00°33'15" West 0feet) 0 thence North 00°31'21" thent to a West along said Easterly right of way 178.34 Subdivision; point on the Southerly line of Rifle Village South thence (bounded on the West b 00°31'21" West 230.00 feet; Y Rifle Village South Subdivision) North thence (bounded on the North 89°32'18" North by Rifle Village South Subdivision) thence East 180.00 feet; East on the West by Rifle Village South Subdivision) North 00°31'21" West 230.10 feet to the Southwest Corner of Document No. 275967 (as filed in the Garfield Count thence (bounded on the North byy Clerk and Recorder's Office); 89°30'57" East 135.00 feet to said Document No. 275967) North 89° 275967, the Southeast Corner of said Document beingNo. also the Southwest Corner of Document as filed in the Garfield County Clerk and Recorder's c' 275968, Office; CONTINUED ON PAGE 2... E XB I B I T "A," thence (bounded on the North by said Document No. 275968) North 89°30'57" East 229.26 feet; thence (bounded on the West by said Document No. 00°31'21" Wert 190.00 feet to a 275968) North SW1/4 NE1/4 of Section 20; point on the Northerly line of said thence North 89°30'57" East along said Northerly line 1175.61 feet to the intersection of a North-South fence line extended; thence South 03°24'56" East along said fence line and along said fence 487.15 feet, to a point on the Northerly line of a 60.00 foot right of way for County Road No. 320; thence leaving said fence line South Northerly right of way 604.17 feet; 62°03'58" West along said thence along said Northerly right of way along the arc of a curve to the right, having a radius of 2113.24 feet and a central angle of 05°20'34", a distance of 197.06 feet, (chord bears South 64°44'15" West 196.99 feet); 286.11 feet; thence South 67°24'32" West along said Northerly right of way line, thence along said Northerly right of way of a curve to the left having a radius of 788.741 feet andineng a centralthercangle of 40°23'21", a distance of 556.01 feet (chord West 544.57 feet) to a point on the Southerlylineaof saidhSW1/4NE1/4 of Section 20; thence leaving said right of way South 89°28'02" West along said Southerly line 130.35 feet to the TRUE POINT OF BEGINNING. EXCEPTING THEREFROM: A parcel of land situated in the SE1/4NE1/4 of Section 20, Township 6 South, Range 93 West of the Sixth Principal Meridian, County of Garfield, State of Colorado; said parcel of land lying North of the Northerly line of a 60 foot right of way for County Road 320 and more particularly described as follows: Commencing at the East Quarter Corner of said Section 20, a brass cap found in place; thence North 45°31'21" West 1179.35 feet to a point on said Northerly right of way, the TRUE POINT OF BEGINNING; thence South 62°03'58" West along said right of way 109.91 feet; thence leaving said right of way North 03°24'56" West 537.88 feet to a point on the Northerly line of said SE1/4NE1/4; thence North 89°30'57" East along said Northerly line 100.13 feet; thence South 03°24'56" East 487.15 feet to the TRUE POINT OF BEGINNING. • • BCii£DULL b .tea, a 1_ _J• ...� .. . ., ..: +.: d:y.n.:.i: :i.LL c cL..6 �c i�; son ci ::: - ... � the following: i.u: t:t6 in pc'ssesslon :.L� �- t -use•::. 5J.G:::. by the public records. 3- +-:.:u. or .a:::.0 of eabe::tl, not b:.G:::. Ly D_scr public records. confiacts in boundary lines, shortage in area, encroachments, and any facts �;,_c d correct survey and inspection of the premises would disclose and which are r.ct shown by the public records. 4. Any lien or rigj. to a lien, for service, labor, or materiar 5. hereafter furnished, imposed by law and not shown b p the 1 heretofore o_ Unpatented mining claims; reservations and exceptions inupatentscordin acts of authorizing the issuance thereof. 6. Any and all unpaid taxes, assessments and unredeemed tax sales. 7. Any lien or charge on account of the inclusion of subject property in an improvement district. 8. Right of way for ditches or canals constructed by the authority of the United States, as reserved in United States Patent recorded August 11, 1921 in Book 112 at Page 538. 9. Reservation of an undivided one-half interest in all oil, gas and other minerals as described in deed recorded August 12, 1960 in Book 329 at Page 168 and any and all interest therein or assignments thereof. 10. Water pipeline easement conveyed to the City of Rifle in deed recorded October 7, 1963 in Book 353 at Page 301. 11. Deed of dedication for roads and utilities recorded June 1, 1982 in Book 600 at Page 482. 12. Terms and conditions of easement deed and agreement recorded October 13, 1988 in Book 742 at Page 573. 13. Terms and condition of easement contract recorded December 11, 1992 in Book 849 at Page 531. 14. Pipeline right of way grant recorded December 15, 1994 in Book 925 at Page 652. 15. Easement and right of way for any existing irrigation ditches, laterals, canals or pipelines. 16. Terms and conditions of Oil and Gas Lease by and between Francesa Real Estate Corporation, as Lessors, and Snyder oil Company, as Lessee, recorded July 17, 1995 in Book 946 at Page 875, and any and all interests therein or assignments thereof. Schedule 8 Form 2005-47 41111 !E NO. 9907068 SCHEDULE B --SECTION 2 Schedulr }; of the Policy are disposedy Policies to be issued will contain exceptions to the followingmatters unless of toof the satisfactionocyor of the corrK�a is p i• • Rights or claims of the same 2. parties in Possession not shown by the Public records, Easements, or claims of easements, not shown by the Public records, 3. Discrepancies, conflicts in bound and ins Y lines, shortage in area, encroachments, and any facts Ulrich a correct survey Pectron of the Premises would disclose and which are not shown by the Public records. 4. Any lien, or right to a lien, for services, tabor or material heretofore or he and not shown by the Public records. liens 5. Defects,reafter furnished imPimposed, encumbrances by law adverse claims or other matters, if an records or attaching subsequent to the effective date hereof but record for value the subsestaequent e or interest or created, first thepprorise ini ther public 6 • Pursuant toprior to the date proposed insured acquires Senate mortgage thereon covered by this cormrita,ent. B111 91-19 (CRS 10-11-122) Notice is hereby a) The subject real property maybe b) A subject of located in a given that:a taxes due special taxing district; from the elisting each taxing jurisdiction shall be obtained c) Inform County Treasurer or the County Treasurer's authorized agent; Information regarding special districts and from the Board of Count the boundaries of suchCdistricts may Recorder, or the Count y Commissioners the county y Assessor, NOTE: ' the ateCounwy Clerk orderedand Treasurer by the Com the costsx theCertrefore Karl d thefrom proposed insured unless parry and therefor charged to the pro an written instructions to the contra Py prior to the issuance of the are received b Title Policy anticipated bythe 7 • Any and all this commitment. unpaid taxes, assessments and unredeemed tax sales. ' Right of way for ditches or United taaes canals constructed bythe 11, 1921 in Book 112 at P ' as reserve way 538. a in United States Patent recorded rAugust ity of the 9. Reservation of an undivided one-half naof asn described interest in all oil other at Pager and anyin deed recorded August 12,, gas and thereof,32and all interest therein or assignme1960nts in Book gnments 10• Water pipeline easement conVe ed recorded October 7, 1963 y 353to the Page of Rifle in deed in Book at Page 301. continued on page 2 ...... NOTE: EXCEPTION (S)--------- ` __ ^_ _ ••.•.. THE MORTGAGE POLICYISSUED BE --` WILL NOT APPEARIN HEREUNDER The Owner's Policy of Title Insurance cormritted for in this Commitment, if any, shall contain, in addition to the Items set forth in Schedule B - Section 2, the following items; (1) The Deed of Trust, if any,eq required under Schedule 8 - Secti.on reservations or exceptions in patents or in Acts authorizing assessments and exceptions taxn spate,Items (b).(2)ref.(3) anyeandd mining claims, the issuance thereof. and all unpaid taxes, American Land Title Association Commitment Schedule 8 - Section 2 'orm 1004.12 11. SCHEDULE B - SECTION 2 CONTINUED Deed of dedication for roads and utilities recorded June 1, 1982 in Book 600 at Page 482. 12. Terms and conditions of easement deed and agreement recorded October 13, 1988 in Boo} 742 at Page 573. 13. Terms and condition of easement contract recorded December 11, 1992 in Book 849 at Page 531. 14. Pipeline right of way grant recorded December 15, 1994 in Book 925 at Page 652. 15. Easement and right of way for any existing irrigation ditches, laterals, canals or pipelines. 16. Terms and conditions of Oil and Gas Lease by and between Francesa Real Estate Corporation, as Lessors, and Snyder Oil Company, as Lessee, recorded July 17, 1995 in Book 946 at Page 873 and any and all interests therein or assignments thereof. • (page 2) Garfield County Colorado Property Information Assessor Get Map Search > Results > Detail Owner Property Taxes Land Name: Harry & Colleen Colborn Type: Primary Address: Jt Po Box 555 Basalt, CO 81621 Address: 320 County Rd Rifle, CO Account number: R420690 Parcel number: 217720100009 Sub -division: Condo: Neighborhood: 152009 Area: 024 Legal; SECT,TWN,RNG:20-6-93 DESC: A TR IN S2NE BK:0730 PG:0864 BK:0836 PG: 0958 BK:1050 PG:0304 BK:1050 PG:0309 BK:1146 PG:833-835 PRE:R420685 Total Value: $275,000.00 Total Taxes: $3,761.32 Amount Paid: $3,761,32 Value: $275,000.00 Land size: Square feet: Acres: 27,54 Building(s) No items found, http://www.mitchandco.com/realEstate/garfield/propeityDisplay.cfrn?AccouiltNo=R42069O 7/14/2003 'a • 'E . 11 i 1 - .1,_i ''r,,• , '.'O a l l i'- 1' _ . :4'-•• pp INL r4 I • r tsr PrefdnLain& flew_ 1 1 : • I' s li ''rr s • ...'4 i f..tl � 1 T'V � , 1 E .I : ) h� I � Ir } 111. ;l d a ,. • 1 - •r� I 1 k r .,...../1:1:1 y •y r J►/ L( 1 � �•�� 1 i �•� ~ ----asp _.^�._ : � ;# F�'y 7 ■a;fr, 1. J��r� 1• • 11 y ;a. i "1 :f 6 • 110. k.r-. r E A W.Siif F13 F -Li 'r C�`3ttr.1F?Ij'.r`w sli i 1:.. /Mfr r.11 )J 'L a \t{4�'f ti fr' ( ' T Y. 9,1 rf'..4 7t� k.` . .1?" 1, 1 . • s„, Boundaries Unlimited, Inc. 923 Cooper Ave, Ste. 102 Glenwood Springs, CO 81601 tele: 970,945.5252 fax: 970 384.2833 DATE: 7-14-03 FILE: SPECIALUSE SHEET:1 HARRY COLBORN RIFLE, COLORADO WILLOW RANCH VICINITY MAP %CLOW RANCH GRADING PLAN SRECIA_ USE PERMIT HALL. COE10.1 AEPO. 71.0 RELE, 001.5.. MARFA EC 22.1 CCOPEA surrE 19; 170 9,0 965 5.2 REPLY TO ATTENTION OF DEPARTMENT OFTHE ARMY U.S. ARMY ENGINEER DISTRICT, SACRAMENTO CORPS OF ENGINEERS 1325 J STREET SACRAMENTO, CALIFORNIA 95814-2922 September 12, 2003 Regulatory Branch (200375297) RECE Mr. Deric Walter Boundaries Unlimited, Incorporated 923 Cooper Avenue, Suite 102 Glenwood Springs, Colorado 81601 Dear Mr. Walter: EXHIBIT VED SEP 1 6 2003 We are responding to your written request dated August 4, 2003, on behalf of Mr. Harry Colborn, requesting verification of Nationwide General permit numbers 12, 18 and 27 on property owned by Mr. Colborn. The property site is located south of the Town of Rifle at Helmer Gulch within Section 20, Township 6 South, Range 93 West, Garfield County, Colorado. At this time, we cannot verify that your project activities meet the permit requirements of the requested three Nationwide General permits. Your request to stack permits is generally not authorized. We would be able to stack two Nationwide permits together if the aggregate impact to waters of the United States does not exceed the most limiting permit fill quantity. After review of your proposed activities, we feel it is best to combine Nationwide General permits 27 and 39 for your proposed activities. However, we need the following additional information below in order to process your request: 1.. An approved plat map must depict the building envelopes and the proposed impacts (including all utilities) for all homes within the property boundaries. Additionally, a statement explaining how avoidance and minimization of losses of waters of the U.S. were achieved on the entire project site is required. 2 A minimum 25-50 foot buffer must be established and maintained next to open waters or streams. These upland or wetland vegetated buffer areas are the preferred locations for offsetting mitigation requirements. 3. Deed restrictions, conservation easements, protective covenants or other means of land conservation and preservation are required to protect and maintain the ti vegetated buffers. -2- 4. Evaporative loss depletion calculations must be provided to consult with the U.S. Fish and Wildlife Service for your new proposed pond. Additionally, impacts from changing existing wetlands to aquatic habitat is considered a loss of functional wetlands We need additional detail on inundation and fill amounts concerning this pond activity. If you have any questions, please write to Mr. Mark Gilfillan at the address below, telephone (970) 243-1199, extension 15 or email mark.a.gilfillan@usace.army.mil. Sincerely, Ken Jacobson Chief, Colorado/Gunnison Basin Regulatory Office 400 Rood Avenue, Room 142 Grand Junction, Colorado 81501-2563 Copies Furnished: fr. Harry Colborn, Harry's Heavy Haulers, 1605 Airport Road, Rifle, Colorado 81650 Mr. Mark Bean, Garfield County, 108 8th Street, Suite 201, Glenwood Springs, Colorado 81601 BOUNDARIES UNLIMITED INC. Consulting Engineers October 9, 2003 Mark Gilfillan U.S. Army Corps of Engineers Colorado/Gunnison Basin Regulatory Office 402 Rood Avenue, Room 142 Grand Junction, CO 81501-2563 All RE: Nationwide Permit Verification -Willow Ranch #200375297 Additional Information for NWP #12 and 27 Dear Mark: This letter is in response to Mr. Ken Jacobson's letter dated September 12, 2003, requesting additional information to complete the application for Nationwide Permits #12 and #27 for the Colborn Property, also known as Willow Ranch. Per our telephone conversation on September 23, 2003, I have enclosed the following information: 1.) The property does not contain a platted building envelope, but is instead subject to Garfield County property line setback requirements of 50 -feet from the front lot line, 25 - feet from the rear lot line and 10'. from the side lot line. As shown on the enclosed drawing, the proposed residence is located well outside these setbacks and is also outside the delineated wetland areas. No fill is to be placed within the wetlands to support the proposed residential structure. The Applicant is proposing the relocation of the Last Chance Ditch as shown on the previously submitted Nationwide Permit Plan. This ditch has been poorly maintained within the property boundary and has seeped beyond its banks. Consequently, wetlands have formed in the area proposed for a new 10 -foot deep landscape pond. As you know, this area is inundated with rusting barrels, metal debris and even a dilapidated automobile which will be removed and property disposed of during the excavation process. 2.) No buildings are being proposed within 50 -feet of the Hehner Gulch delineated wetlands. The Applicant is proposing a reconstruction of the channel, outside the delineated wetlands, with the intent to lay the banks back at a more gentle slope, construct a pedestrian path and create 6-8 drop structures within the creek. Any disturbed soils along the gulch will be revegetated with the specified native seed mixture. Any gulch wetlands disturbed during the installation of utilities will be revegetated with a native wetland seed mixture prepared by a local landscape professional such as Rocky Mountain Native Plants, CO. Mark Gilfillan U.S. Army Corps of Engineers Nationwide Permit Verification -Willow Ranch #200375297 Additional Information for NWP #12 and 27 October 9, 2003 Page 2 of 2 3.) Since the site is not being proposed for subdivision development, deed restriction, conservation easements and/or protective covenants are not required to protect and maintain any vegetative buffers. Any future proposals for development will be required to take such buffers into consideration. 4.) I have enclosed the requested evaporative loss depletion calculations for the proposed pond. Most of the pond will be created through excavation and dredging after the Last Chance Ditch has been relocated. Only a minor amount of fill will be placed along Helmer Gulch to provide for pond overflow control and a pedestrian trail. As requested, I have enclosed cross sectional drawings for the Helmer Gulch channel and the proposed pond. If you have any questions or need additional information, please feel free to call me at (970) 945-5252. Sincerely, BOUNDARIES UNLIMITED INC. Deric J. Walter, P.E. Project Manager enc. 923 Cooper Avenue Suite 102 Glenwood Springs i Colorado 81601 r Ph 970.945.5252 + Fax 970.384.2833 075-.48I cy ,6"e,-;14/4. tiFTaN • y .mssE n- 9J�4 kc:-d*, VA 1"T."OPs) L W—= duo. • %� ��� / _ - Boundaries Unlimited, Inc. MM.— _ 923 Cooper Ave, Ste. 102 Glenwood Springs, CO 81601 tele: 970.945.5252 fax: 970,384.2833 DATE: 10-7-03 FILE: SPECIALUSE SHEET:1 HARRY COLHORN RIFLE, COLORADO WILLOW RANCH CHANNEL SECTION LOCATIONS 1005 DELINEATED GULCH WETLANDS 1000 B' PATH - — 995 990 SCALE VERT: 1"=20' HORIZ: 1"= 40' 985 EXISTING CHANNEL BANK REGRADED CHANNEL BANK 4: 1 TYP., 2:1 MAX. EXISTING FLOWLINE 0 20 40 60 80 100 120 140 HELMER GULCH CHANNEL SECTION 990 985 DELINEATED DITCH WETLANDS 980' PROPOSED SURFACE) ABOVE WATER (5:1) 975 EXISTING FLOWLINE PROPOSED WATER SURFACE rEXISTING GROUND I- 8' PATH 0 970 955 SCALE VERT: 1"=20' 960 HORIZ: 1"=40' PROPOSED POND BANK (3:1) 0 2D 40 60 80 100 120 140 160 POND NORTH/SOUTH SECTION 180 200 220 990 985 980 ti DELINEATED DITCH' WETLANDS 8' PATH i PROPOSED WATER SURFACE EXISTING GROUND 975 EXISTING FLOWLINE 970 PROPOSED SURFACE ABOVE WATER (5:1) PROPOSED POND BANK (3:1) 955 SCALE VERT: 1"=20' 960 HORIZ: 1"= 40' 0 20 12" CULVERT FOR POND OUTFLOW 40 60 80 100 120 140 160 180 POND EAST/WEST SECTION 200 220 240 260 280 300 Boundaries Unlimited, Inc. 923 Cooper Ave, Ste. 102 Glenwood Springs, CO 81601 tele: 970.945.5252 fax: 970,384.2833 DATE: 10-7--03 FILE: SPECIALUSE SHEET:1 HARRY COLBORN RIFLE, COLORADO WILLOW RANCH CHANNEL SECTION Vj Kf_vo uc, Pc( 7-17:rY1U zcz)7,- 7 I -I 1 0 f;t2f,-. a.VC LePt 4OAJ • _71c.t,14RE-- IF 13C,c:p Lf_ky.J.7' = 1 ziky/y/- (4/0/-1)-1 (it -7/1z-- j_ AC- F7-/ AfEsk) 9V) RA) —fb C3E ,1"E,4LE,c1z-51.{-c,!) of _TRU-6A 732)0) 1 r A0,1 ............ . -'-� r� .-. O � — ...._.,r....-..... i e ........,„ . 1 . , # .. • M ++•.�i...�.- OEag e Gypsun Glenw ta., prings y 41 0 •ne ® • .pcn 0 -Ai .4.---••••• ...: \ j.,,,,,,\ \ co•-""" : { i _,.....—___...../ "4-.., '.---/ ik-15-''''.- Ns.) • ,,... 0 Rifle ,, }7� r 0 . _ Dcbe) , * * -- ' . — --- . Boundaries Unlimited, Inc. SCALE : N, T. S. DATE : 1 0/7/03 FILE: EVAPORAT I ON SHEET : 1 HARRY COLBORN R! FLE , COLORADO WILLOW RANCH EVAPORATION MAP (NOAA NWS%33) : 923 Cooper Avenue, Ste. 102 Glenwood Springs, CO 81601 tele: 970.945.5252 fax: 970.384.2833 MEMORANDUM To: Tamara Pregl From: Steve Anthony Re: Comments on the Colborn Floodplain SUP Date: October 15, 2003 Thanks for the opportunity to comment on the SUP. My comments are as follows: 1. Noxious Weeds A. Inventory and mapping -The applicant has not mapped and inventoried the property for County - listed noxious weeds (attached list), the wetland delineation report does not mention noxious weeds. A visual inspection from the county road indicated that Russian olives may be on the northern end of the property although it was difficult to tell the property boundary from that distance. All ditches and waterways on the property must be mapped also. B. Weed Management -The applicant will need a weed management plan for the inventoried noxious weeds, including removal and treatment of the aforementioned Russian olives. 2. Revegetation The revised Revegetation Guidelines from the Garfield County Weed Management Plan calls for the following: A. Plant material list. B. Planting schedule. C. A map of the areas impacted by soil disturbances (outside of the building envelopes). D. A revegetation bond or security at Preliminary Plan and prior to Final Plat. The applicant has provided the plant material list and planting schedule. Please quantify the area, in terms of acres, to be disturbed and subsequently reseeded on road cut and utility disturbances. This information will help determine the amount of security that will held for revegetation. Any straw used as a mulch shall be certified as weed -free straw. The security shall be held by Garfield County until vegetation has been successfully reestablished according to the Garfield County Weed Management Plan Reclamation Standards. The Board of County Commissioners will designate a member of their staff to evaluate the reclamation prior to the release of the security. 3. Soil Plan The Revegetation Guidelines also request that the applicant provide a Soil Management Plan that includes: A. Provisions for salvaging on-site topsoil. B. A timetable for eliminating topsoil and/or aggregate piles. C. A plan that provides for soil cover if any disturbances or stockpiles will sit exposed for a period of 90 days or more Currently there are several soil and aggregate piles on site; does the applicant have plans to address this? Please feel free to contact me at 625-8601. 1 GARFIELD COUNTY NOXIOUS WEED LIST Common name Leafy spurge Russian knapweed Yellow starthistle Plumeless thistle Houndstongue Common burdock Scotch thistle Canada thistle Spotted knapweed Diffuse knapweed Dalmation toadflax Yellow toadflax Hoary cress Saltcedar Saltcedar Oxeye Daisy Jointed Goatgrass Chicory Musk thistle Purple loosestrife Russian olive Scientific name Euphorbia esula Acroptilon repens Centaurea solstitalis Carduus acanthoides Cynoglossum officinale Arctium minus Onopordum acanthium Cirsitcm arvense Centaurea maculosa Centaurea diffilsa Linaria dalmatica Linaria vulgaris Cardaria draba Tamarix parviflora Tamarix ramosissima Chrysanthemum leucantheum Aegilops cylindrica Cichorium intybus Carduus nutans Lythrum sallcarla Elaeagnus angustifolia 1D/15/ 2E103 02:55 6253627 ROAD IND BRIDGE Garfield County Application for Driveway Permit Application Date: 10/13/2003 Permit Number:121 Permitee: Harry Colborn Termination Date:1l/1312003 County Road Number: 357A Inspector: Jake Mall District: 3 Sub -Contractor: EX fl a hereby requests permission and authority from the Board of County Commissioners to construct a driveway approach (es) on the right-of-way off of County Road, 3.57 A...Int. of CR 320 & 357A, adjacent to Applicant's property located on the haat side of road for the purpose of obtaining access to property. Applicant submits herewith for the consideration and approval of the Board of County Commissioners, a sketch of the proposed installation showing all the necessary specification detail including: 1. Frontage of lot along road. 2. Distance from centerline of road to property line, 3. Number of driveways requested 4. Width of proposed driveways and angle of approach. 5. Distance from driveway to road intersection, if any. 6. Size and shape of area separating driveways if more than one approach. 7, Setback distance of building(s) and other structure improvements, S. No unloading of equipment on county road, any damage caused to county road wall be repaired at subdivision expense. 9. Responsible for two years from the date of completion. Gmaral Provisions 1) The applicant represents all parties in interest, and affirms that the driveway approach (es) is to be constructed by him for the bona fide purpose of securing access to his property and not for the purpose of doing business or servicing vehicles on the road right of way. 2) The applicant shall furnish all labor and materials, perform all work, and pay all costs in connection with the construction of the driveway(s). All work shall be completed within thirty (30) days of the permit date. 3) The type of construction shall he as designated and/or approved by the Board of County Commissioners or their representative and all materials used shall be of satisfactory quality and subject to inspection and approval of the Board of County Commissioners or their representative. 4) The traveling public shall be protected during the installation with proper warning signs and signals and the Hoard of County Commissioners and their duly appointed agents and employee shall be held harmless against any action for personal injury or property damage sustained by any reason of the exercise of the Permit. 5) The Applicant shall assume responsibility for the removal or clearance of snow, ice, or sleet upon any portion of the driveway approach (es) even though deposited on the driveway(s) in the course of the County snow removal operations. 1at/'15/2 03 02:55 6253627 ROAD AND BRIDGE PAGE 32 6) In the event it becomes necessary to remove any right-of-way fence, the posts on either side of the entrance shall be surely braced before the fence is cut to prevent any slacking of the remaining fence, and all posts and wire removed shall be turned over to the District Road Supervisor of the Board of County Commissioners. 7) No revisions er additions shall be made to the driveway(s) or its appurtenances on the right-of-way without written perrnission of the Board of County Commissioners. 8) Provisions and specifications outlined herein shall apply on all roads under the jurisdiction of the Board of County Commissioners of Garfield County, Colorado, and the Specifications, set forth on the attached hereof and incorporated herein as conditions hereof. Special ConOitipn ; 1.. Install a 40' wide driveway with 15" culvert the width of the driveway. 2. Install an asphalt or concrete pad 40' wide X 10' long X 4" thick from the edge of the County road. 3. Gravel back from pad 40'. 4. No more than a 3% slope away from the County Road. 5. Work zone signage is required. 6. Inspection of the driveway will be required upon comple-tion and must be approved by person issuing the permit. In signing this application and upon receiving authorization and permission to install the driveway approach (es) described herein the Applicant signifies that he has read, understands and accepts the foregoing provisions and conditions and agrees to construct the driveway(s) in accordance with the accompanying specification plan reviewed and approved by the Board of County Commissioners. Signed: Harry Colborn Address: Telephone Number: Permit granted .11/111_20 subject to the provisions, specifications and conditions stipulated herein. For Board of County Commissioners' of Garfield County, Colorado: Representative of Garfield County Road and Bridge Signature 11/15/2003 02:55 6253627 R[IAD AND BRIDGE PAGE 03 Specifications 1. A driveway approach is understood to be that portion of the county road right -of way between the pavement edge and the property line that is designed and used for the interchange of traffic between the roadway and abutting property. 2, At any intersection, a driveway shall be restricted for a sufficient distance from the intersection to preserve the normal and safe movement of traffic. (It is recommended for rural residence entrances that a minimum intersection clearance of 50 feet be provided and for rural commercial entrances a minimum of 100 feet be provided.) 3. All entrances and exits shall be so located and constructed that vehicles approaching or using them will be able to obtain adequate sight distance in both directions along the county road in order to maneuver safely and without interfering with county road traffic. 4. The Applicant shall not be permitted to erect any sign or display material, either fixed or movable, on or extending over any portion of the county road right-of-way. 5. Generally, no more than one approach shall be allowed any parcel or property the frontage of which is Tess then one hundred (100) fed. Additional entrances or exits for parcels having a frontage in excess of one hundred 100) feet shall be permitted only after showing of actual convenience and necessity, 6, All driveways shall be so located that the flared portion adjacent to the traveled way will not encroach upon adjoining property. 7. No commercial driveway shall have a width greater than thirty (30) feet measured at right angles to the centerline of the driveway except as increased by permissible radii. No noncommercial driveway shall have a width greater than twenty (20) feet measured at right angles to the centerline of the driveway, except as increased by permissible radii. 8. The axis of an approach to the road may be at a right angle to the centerline of the county road and of any angle between ninety (90) degrees and sixty (60) degrees but shall not be less than sixty (60) degrees. Adjustment will be made according to the type of traffic to be served and other physical conditions. 9. The construction of parking or servicing areas on the county road right-of-way is specifically prohibited, Commercial establishments for customer vehicles should provide off -the -road parking facilities. 10. The grade of entrance and exit shall slope downward and away from the goad surface at the same rate as the normal shoulder slope and for a distance equal to the width of the shoulder but in no case less than twenty (20) feet from the pavement edge. Approach grades are restricted to not more than ten percent (10%). 11. Al! driveways and approaches shall be so constructed that they shall not interfere with the drainage system of the street or county road. The Applicant will be required to provide, at his own expense, drainage structures at entrances and exits, which will become an integral part of the existing drainage system. The Board of County Commissioners or their representative, prior to installation, must approve the dimensions and types of all drainage structures. Note: This permit shall be made available at the site where and when work is being done. A work stretch or drawing of the proposed driveway(s) dist accompany application. No permit will be issued without drawing, blueprint, or sketch. STATE OF COLORADO Bili Owens, Governor DEPARTMENT OF NATURAL RESOURCES DIVISION OF WILDLIFE AN EQUAL OPPORTUNITY EMPLOYER Russell George, Director 6060 Broadway Denver, Colorado 80216 Telephone: (303) 297-1192 Northwest Regional Service Center 71 1 Independent Avenue Grand Junction, CO 81505 970-255-6100 Fax: 970-255-6111 October 16, 2003 RE: Colborn Floodplain SUP Garfield County Planning Department 108 8th Street, Suite 201 Glenwood Springs, CO 81601 Attention: Tamara Pregl Dear Ms. Pregl: RECEIVED OCT 1 7 2003 GHRHE L.:0 UUUNTY 901t..DING & PLANNING r OF` �w For WildI fe- For People I have received the application packet for the Willow Ranch Special Use Permit and have reviewed and evaluated its contents. In addition, I have visited the site and surrounding area. The proposed development, while small in size, continues to add to the impacts of residential development on the wildlife resources of Garfield County. I have frequently observed deer browsing in the proposed development and surrounding area. In addition, small mammals and birds are certain to utilize the ephemeral Helmer Gulch stream. The application packet notes that muskrat tracks were found in both stream channels on the property. Riparian habitat is very important to wildlife in Garfield County. Consequently, please consider the following suggestions relating to riparian habitat on this project: • During excavation and landscaping activities care should be taken to avoid disturbing existing dens and/or nests. • Mature cottonwoods exist in the area which provide nesting habitat for various birds. Every effort should be made to avoid removal of cottonwoods and other beneficial species. • A weed suppression plan should be provided for this development to contain the spread of noxious weeds in Garfield County. Many weeds in Garfield County are prone to be spread through road base gravel products imported from gravel pits. As part of the landscaping plan, importation of gravel products, including road base, from weed -free pits would be beneficial to the county. DEPARTMENT OF NATURAL RESOURCES, Greg E. Walcher, Executive Director WILDLIFE COMMISSION, Rick Enstrom, Chair • Philip James, Vice -Chair • Olive Valdez, Secretary Members. Bernard Black • Tom Burke • Jeffrey Crawford • Brad Phelns • Robert Shoemaker • Ken Torres Thank you for the opportunity to comment on this important land use issue in Garfield County. Please feel free to contact me for clarification or assistance in implementing any of the suggestions set forth herein. Sincerely, /Pan D t/<P,vete Ron D. Velarde Northwest Regional Manager cc: J. Srneltzer D. Riggs B. Ackerman File 10/16/2003 03:24 19706258247 Loesch and Crann Ditch Company P. 0. Box 365 Rifle, CO 8160 Phone 970--625--2490 October 16, 2003 The Loesch and Crann Ditch Company hereby gives Harry Colborn permission to relocate the ditch on his County Road 32D property. The purpose for the relocation is to obtain better water flow, better water containment, and site cleanup. We reserve the right to oversee work in progress and final completion to see that it meets our criteria. if you have any questions, feel free to contact us. Sincer e_iy ‘2 ..6 Philip D. rates, Secretary PAGE 01 bcf- 10/16/2003 02:54 1970b258247 LP I 1t,. c.1 11. -i 3:4@PM TLItirP a L Er01 NE PC 'THOMAS W. IT.JY pai.poeL D. LimeeOr 6e AIA C. BEd1rWELJ. r$Y11VNA & L0J4OIN6, P,C. ATTORNEYS AT LAW ISO WEPT THORb MEET P. 0, Is0X ►17 RIFLE, COLORADO IIiil ND. s3C PAGE El P,1 FACSIMIII TRANSMISSION COMPLETED THIS DATE AT ALM. IPMI, BY TeLPP W Irai]5• ItEY rAX r1-i&s.444I FACSIMILE COVER SHEET DATE October 16, 2003 NUMBER OF PAGES (Including covcr s<bret); 5 TO: Harry Colbert) FAX NUMBER: 6254247 FROM: Too Stuver RE: Water Igbt DOCUMENTS SUBMITTED: Decree Neg. 39 and 1285 IT YOU DO NOT RECEIVE ALL OF THE PAGES, PLEASE CALL (970) 625.1U7. MESSAGE: WE WILL HOLD THE ORIGINALS FOR YOU IF YOU WOULD LIKE TO PICK THEM UP. N Tt ENTh .ITY h'A-I THE INFORMATION CO 1 rA[N6D IN THIS FACSDd1LB tdEsstiGt MAY BE PRIVII.MID AND CONFIDENTIAL INFOR1+M11ON INTENDED LY FOR TME US OF THE NDrVID'JAL OR Dal TY NAMED ABOVE IF TH3 READER OP THIS MESSAGE 13 NOl' THE ISS FA PIED. 1I YOUtryTE. YOU ARE HAW A AW NED 711IS T$l.E�US L4 ERROR, PLEASE NOTIFY S IMMEDIAT6T ANY MSSEMIN DLSTRIBUTION OR COPY Of THIS L O$ 761.EPHaNEAND Rr3TURNTHE ORIGIN ALMRS RAGE TOUsATT)FSADDR55SABOVE.VLkTHE UNI 1ZIDSTA1E~SPOSTALSERVICE. THAI( YOU. 10/16/2003 02:54 7.16._ 19706258247 TLNER & L EMI6E . PC PAGE 02 RD Madsen THIRTI-NINE S8S 91,1�1NU pi•TGR Thi said limit Is entktad t. priorti• Nam. ko met ya 4t !m ottirati by maintop A. line ono trims.. L WomI a. It is •mod lk,. t>to (rrieadm of tonal, and i.kn it. enyyly el .arir from Indite Idaanet Croak_ Tho tread/atm thereat 117.9444ah OA rat ammo of maid amok. &bout .1 r..ilem those tho tock. Maryut w aaaur►.7ad. toad 1. 44.11e14 (`isomer. 4.4 to bootleg rd#.dpedl tad da.rood dkat than ter &Nom! t0 leer frit° mall ditch 1P*an fwd crwi Eo. rtes r.• Mermaid. cru[ for u` I.•.io at ddb poet a 111vf10y da 1Uid asoma*, todar magi by virtu* of the aonravntitm by °minimal caaatrfK11o0--triorir7 Na. 50-x-70 osibia fast of yam par ralamm. And mime Ohm be funkier showed 1p ripe, Into i& ditch Irons: tan craws for w. uo. and home"; 'former:, watt sod br fbi bproptiatiob l T irks• .tlac*aehetn... Armley tvbic tea* 91 water par atikuta lhus:d.d. That act kakis cart al zr(-r par ?BMW. ed ia46 apprmplatta w er smog .krll only be rotated mad allowed to flow into mild *trig k -ms a,le creak for the use .rsl boo U kfarrlaid, est proportion oi gala ipetsioa 11011 iZ orsoar mbar Cavdtlr !gargle L*.rle gtarsrinr1er, over and 114m.. the antrunr or to aeroet--.in elft act. *1 M *obit. hot of .rater pot maings, to 5• fire, of tum =Minolta hauls Aad wool/64 toothor. Tho amid iema.na el mare addivierkl hndk sod r:rn mer Of e.o 444 olaterdellato sdditi.nal noniron' a rater aaprmpriared Amnion clr*rooa, b. mod+ by 'Add porter •ilr rowupahlt del+aab.ar [hili—;10 dkrnm st MG Nf bred} ?UMTIElt 10011TY ,. .. 'i13;p krI1NG Cl[t£1< I)2TLii N. dire} is rbddlod to Worley Ito, dr. ata{*o£ by Pots. Crb■relelm':s+. Iv - mood lee the irritation of Lased r oak.. lot .apply of 4AN. !rain Soriai • 'I't., hoodau. tkr•oe !mote4 en doe north meat Meek or mad .rook. a... oat-rIY 'Mk . bo soma taemaol, an Sec w - T. 7 2, R 95 W., In Cowry. Aad k it aarehy a4)ra -. .. lacfiaa mit there to al!awad Sm Mow ihto mrd ditch (mien said seeds, r. nlorpaid and :or lie bka°6t at Ata park bewfolly a.tidad tit .. , dor ?ammo al the app o'if *tion by *Adis./ t.arrmoa9k.unIn No. !t••uke - - el vent: 1..e( ainyie Pis.Wed. Dot d mea outdo kap* mf wit -, .. enemies of laid aypra brtrpana male oat a ruesm& orad Otwed va leo. hid i'itb frog lied aryohL ler din and laamadt &lei ii& r Iaid parr/ d. eaareaat Ola kurtl7 ferirtbll 1... • let- roam, aver a.•d .h*vo oh..moues of r be oho ratio or 6* embit rest water trim 116.019 99 99 wine of Iola 601100116,1 rli prirtded rtirakar, ?oat nod llertaar of rnrh 1441 Islas iimi the r of Lhe maid propprdoalts addltarnn! IlTOamnt el *yt.r nipper lhcrelmr, ibwrvor. tea *nide b7 gid ttuey w!tir Mwanable dilisurtoo, 10/16/2603 02:54 19706258247 %411-1 _ tilWO? & LEhOINE, PAGE 143 It i• fu th. Ordered ani Adjtdt.d [kat tllear itodseg. and ttJt de.'" bh I %• oubfoet ro the asm. eendttl9oa DIi pl9rietette u afs eantttnsd II tbL 1:1'eerx; doer.. of skis Coon for Wow Moms No. air dada lad .aterad tit Rh* cth d.y of liar, sell, raid Biro a•rbjra to all prier vrtsei dtorrod i{Ikt.. Zt to funks, ()tiered dr.i.c tic potttlee.r %cookie par dieo tom al deo JOHN x. •Silu UT1t, joke. PTA Tr. or cOLol-0)0, 1 county of Corinth!. to. to Um Mulct rank%. • r the routes W the ■ogileaslaa of Jaarph Y. ;gents. for ■r. oei>:dianrian 4 lame priority at . inti se theftJa at etre •••411‘n from :Jim" Owl e net feltett tttm:e, and is •late, mimic ago Nu, 1185 emote* wou t tt,ot ro. truss aka lois of th. f emmes Porafoeater earned, or,/ da.. said trar4 DICCREE t4 tb iaeeletete et tor. 9rtidoatr and %KC *Tapir% e• r the Digars Eta*iraint al tho Y Q I bt an! Dant■ tlich to Wuer District Vo. .4, for in .%Latina 6vr9a.ro Tips• w 'this r9Lt dhy of lfaT, A. 17. tea, this irks. gtauop on to be Snr,i atv_t tt,c orricim} end sewer ted proper %Berea, tbe ptrieloter ;:p. P•a"nr by U. T. Taller, Ire.. and C3ulu W Taylor. Em., hu Steraistro, erre tete rel.pgniaeh.tr nppaMa,< s1' C W. Dtr•gr, 1►iq. litc. st[prn.y, r;.d Shrzsay7o0 etioovi.mta ;Wald 114.t SL sretnd %Leis protest by t a addetirr. tilrertra a new saraat.r•h imwsdratrl, prrr.tdtae the *tamer of sumo' &howler er presarr, trod also ,tat $lee M. Whys. br :sddlrf as L resymtlopt or proatirear t. sad also 'that .1111 anis,%-r arra ry:otext Le (Apes -4.64r .*:od:d. ate 4 *al& 6y catutat +at dowse by Us, Corry ars•. parr. ilad hi Da dans, ,yah ata araeatatares above relieve; ea'Dtint U. rr.y of Interltaeeilon in toot those aid dlr.: rates• to cath reey,er e_• remit, swept Lire :ddtd p."raprapt. rnia6" is IL rYDa.dair} Tkemrp,t arty ;m :ht lane date. ()aid taus tom* w foram() to Yrs hrsrd, prr..r.t as kale:.. .ad Re yar,iea atigant here[." taviat .suited eh looked. .. rrrmrat as t• M. then/new at been* eo be 4atarad luau, penned. the groq:s to b. aabnnttoS .hold warrant .tbs corn in rptetHftl oral a d,evw, lr •ran ordn'ad teen tha agplirnl!ia• of teed attcrne7a for p.tltion.r that Charier J 56ia.ltr e;vvid beeyme a pftr.tio.sr genic and op... I/misadon of tta* att.rprr Err tilt ethar fetpwtaeRil. that Alms C, Gustation, mercer W. CAtftalttiti. tti eflitr C3alatiak, Ema.rytl Qaat, Wtlli.n A. T ', Leith 1[. Wkiw, >R,s1,ah . N. Wheel tad X.r-ttdr fie hoot, dsotdd ail hewn() *atlthanur raids itueet4 •,S rritonderlsa, art/ t1e t.ot.ei et prate.. feed ltareia noon s»ittartr.a was rit'odratrn. ;r thong •riderussed and agreed that 111 parer, t." intliots ■.x' aaiag n+taur..rt !hit the petition itsalt ehae7d be, and 41;5644 0y eras to tot' stat:..rse. a. nha.•=.d ."rte an<adcd •e ,r to amtadr P. tuderrtanding odd e.ttla..e:.t ■f.'.tud a. alai and et would ■orwot from the tenet 1 t1n 3t0r+t•' so ba .nterad is eforeMii. is t tsth.r and.ttte,ed and homed .ii open Coen taus to partings' of the asrcgmtent nod rrrantilusrt tot aetHement. that the %aslant% IIuu•e . thoald ie t»rmittxt r. metra proof ln1 Obenr a taparaip doer. for sprang .waters Viord to his roti6aar. knots ."alt wad fpr Irrirtsoa sed enmesh. purp9A10, Ind' • 10/16/2003 02:54 14706258247 L141 . 1G. elfbi . e'r'a 5ILJVth. K. t. f'I4 1. rf; 1 she teas shift wi nt 1r adleidleard by b *mob s• darns to cll. Batman ant• Auto, Ditch, Na. a11 it) ms Potreo at MD Cturt for :•.i Watts yli.trlot h.. .1. W adfiltlo s Lasser el ■itR a) the Droll* in that 'wawa atillit werrafe. tram Mucosa Chtk. all scbject to this d•.... sa4 hired upon pertuvnf 11 1[[cd hard. and trntu4rt.d to 'al alat■dtd .i LiOftetad Aad 6terw.itte rows 13.1 na*erat aid ar•4'aent ref coenN4 and the Clara bu na nhr +41 Wised in d•. ptosis... •erh bat' That 2h• wails. reasD.Ht •sd 0011.1 .stat, rosier down to And ,. tin tk• led of Mown Crafrr. .r 1rAlab may brow/sat tom* down to. and len, 144 ►� of said creek bran for user btnteajtlr d95.fl.d art rebrand, +o•aldhs sed alt,Wd he eapdde7eG as wstrn ed said tatt•it Ira avewbjlet re apprarfafim ny admire as ..sats, rlupaWl ,or ...poet wat/ra, ..4 Oat all tf ■sit! wettti 10 1-004kin5 t►a bId t4 saps o••ak, rata room and bacea.oe 1 part ol, and hat ler netore hire nin>*a 44 a awn.[ of the •..assn ...loot" sy iha pfivffY dabs h•remtnrc adioditat.d to ea vu1rua duels. hOttillidtw 111WC talpar .rate train said kiarbC9 Croak fee lrri itlor lad drastic wrw+a.e Zleas the lands hcreir try• rsior*04 *. ... 1.•e a, 6.w,k; W.1 ewe. 1, T.1 Sot 7, W.1 L.1 and ay.i X Y.. 110. it; 1f 3 N.W.1 ma save,, Sas. l7: W -i Sea, tet 7Ch (1W.1 ane tarts x.w.;. S i. b.; W. s.M.1. L oci, ar: W1 11.1.4 and "117'1 3,S,I, Bic. let N.W,f N,'4i',i an! ) I4.1 a1.L.; Sac ad: N.W.• aid 7f,t 5.W.a, ltec. oe; iC.tri, D.1 u'.1 1,•'=.1, Sen. 7r: C1 Ile- la; Al to T, r S., P. 9. W. nth P. a1., ani that dt. ditch wit! thwir priotlt, ri•r1.s1 ber.laabnro taterced tai are 1S. Wamtr Cnak wort, No_ ,4, With ,.rater Priorities Xaa. Sr a•41 Si. end res, tis Upper 1deaar Cr..lr Dital No w. rdtk 11r4nrfts Na at, The !liditol plum Ifs Il, with reiaititr No.to and o1 a44 Hoe loalwn sal Busts rr ah Ne. so. with Prioritit4 R41. •• .re rp, ail u MDvdlied lad datiotratse iA ria derv+tt a ilio Cawt .r1+e+r tea ]fa, i, .bet to Caw IC.. (ay, iv eahaiilaa +r141 tD• Inti tial W.01010103 al prlaritr' ela'A't tbreepypec 0ai4 vt'atee' Dusts et No. 4e i that at ea. of .nems 1tt1 $ac and ..capat• wawa bttowe it raatka tho lad W ..i4 Id Item Cr•.1, t}•eo74 be llutled to Vt. o,, real -Irma uta of cam' 5511d.apt wlso hereflafttr in this dative art le 0.•.:oreidtrcd eht •ri4ioal !Amiioiet Y *.Cl se all of Ula +vnlarlmn to 1116 petition abs't Mml'r. ++ho ka+.o ense+sd deaf. eipearinas heroin, Moon Iaol' awned by Atm reft.rct4vso` or *bid., they aro at rids list Maiming vadtr *AP Di Mr rand law■ 01 site Tilaltre Su1e1. OW i %leacmt richt fit ihed to ret1, taut. ramie, er tesoi tr to other. . ..rept ins sonpsttivn WItO thoft Wel land. ands Inc 1t 4 dotrIWss 8rdfn7d. Mlidsrd aid Dtuoe4 by the Corm. that all t t th. 404P141. ucIpI(5 wd *Mgt raters inkjet pow 'Jr drslir htruha read 1 1141 'act of Kos. Coasts blot and all of S110 IMO kcteltLabovi def¢r4bte, sr. t pyre Ind parcel al flu ..earl tlf slid Manama Crack sod 1M4Ate to ippreprfa:irn only ss swab, sed subject t. 3pproprlativr .e cute 4[ap1C1 cr 11091r0 +mgrs, and that at el 11.1 34 444 ac.rnaetriar ctrl bed s[ ral4 WOOL at the or any httuar trills, into end forts . part el Ai priority right. t• -h0 use. of water hcrcto• tore •dladuetd in chit Court to rhe 0arivwt iit1... t►Liry. Was? 'tom 'Mstac. Creek. 15..3 DOS M•lats Creak butch No. t• ler t?c Dania of this Covet velar, 17 ..tridad w prterit, 1il1111 D'1,1. •s. rt- and 73. els DWiton sod Ratti. bilab No. ha, •oia► it +.1011.8 ea Pflanlire )res 11 ad 7t, Olt UJ72t.r Stam. Cvak Ditlell NQ Ia. wraith 11 eatiti.1 10 Prierit7 Wo. •a, final aha Slidlar Ditil, 74. 31, 'shish it entitled to loiori41U Mao. S. ..a 7e, all 4. tatd Weser Di.rr4t Nu a,. 5t is lurth.r t5rd.rod. Conaidar.d. A4jl1Ered end Dr.rer4 bp thy COLD!, Shat aha carry of elle Overt. flab 13 .e wino adrantly street Mev DM ar 7ri44"1 .1 sill priasi1P rlalta, and fait sW vat or talo all 1►t pttubba.*. hrta+" t4 all +1: thy 7rs0Mtr be isectieted ni aha ata of Lay of star wolt0, rrelOext or •cipnrt ..mart 1e.orn tkt rods t»m-014 W* ++1404.0.3 Dr from aha Urals owned er 1'3170,1 Lr then+ retptctirelo bids** els saT. , o10 e 44 k•d ut said crypt, for irrienHon 10/18!2003 02:54 19708258247 vi -1.1172..G00: J•HCr'I' '1Uvr r< h t_t.I tLictt_• PAGE e5 r 11C 9r siamatie mmarm, mo*u arty pi th4 4116 !sr.awned ar ro .4 y Ago VOPa'tb caa INpa. awn at any el tiv6, art! *In tMaq nu7 tlrrraol as their Ince ea4 nuy :!quirt only Nu rte Ito ar most a1 rata manacteau ottl 1st •entitled 19 vat1, •oleo, tn.*aler or 'CAM V9 *attars, a.T of the toad *ratan *hart is constraint arlth alialt slrtr toad» *:that wnrd ar alaltnrd Y7 Lt , sad drat tar main wta a+r rama,nder at sorb nratsn aa,*t1 }*troland qv 11m dorm into acid Mum COO a*i Mr^+at a pan nasi astral thrrtN afaroaa{6. tba Corti. It 11 ,Ntrtttar Ords,.A.. C9said.rad. Ndlo$sad 1166 D.2waa 1v shat santlaerra herein p+7 tlsI atom +n srwt owouan, that BOA Pyran**.•+ A1tlr1 an6 Wh1't Oder CO. ddl roti awe vane", 1114 oow to M Unci 1t7 tlro C1•4: 01 rata :_cora. Doer t,, opo. Carry a1 tau Cit JOHN T= inUMATIL, J9+P* •