HomeMy WebLinkAbout1.0 Application••
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GARFIELD COUNTY
Building & Planning Department
108 ath Street, Suite 401
Glenwood Springs, Colorado 81601
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Telephone: 970.945.8212 Facsimile: 970.384.3470
www.garfield-county.com
RECEIVED
MAY O 2 2008
GARFIELD COUNlY
BUILDING & PLANNING
Floodplain Development Permit
GENERAL INFORMATION
» General Location of the Property:031Z. l<._lV~5 Bl::.WV 1
A:5~ ~ 5l)~ , CA~Qhlt?A.L.e:., co. ~lb~~
» Existing Use & Size of Property in acres : lJNcx:t:.Uf1ltt2 ~S. -I, I b "4 Jr:
}> Description of Proposed Project: ~~Ml~ labl Th su1LBI lbJ
::lllf:.. loo~. Pl,Q:)~.f?LAI~
>Zone District(s): o/.; !Gt.C. 12.f.slPeNTIAG
» Name of Owner of the Property: ~}T H ~ Jj l:::fiJ:U~ ~LOW.
» Address: I OJ f'IU ~ &05~ ~ Telephone: '3['=1 .. .3ZJ54
}> City: Os~N!?A\k. State : Co Zip Code: 8\G,Z3 FAX: GfC:,3-jblC:,.
» Name of Owner's Regresentative 1 if an~ {Attorne~. Planner. etc):
~ JollhJ HUit: ~I ~G:(s <;j_o 1 Ivl±N tjU~
» Address: Z.O( ~IN "SI. 1 ~}Te:, 3Qf Telephone: Jo4 ·91?0
» City: CARZoN ~~ State: CO Zip Code:8J'2.? FAX: Jo1 .. az.'J.
STAFF USE ONLY
» Doc . No .: FLf>f?~ Date Subm itted : TC Date: ____ _
» Planner: Hearing Date: 1
\
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I. APPLICATION SUBMITTAL REQUIREMENTS
Any use to be developed in the floodplain shall be required to obtain a Development
Permit, in accordance with the applicable regulations of Section 6.08.02. All applications
for a Floodplain Development Permit under this Regulation shall be reviewed by the
Floodplain Administrator.
As a minimum, specifically respond to all the following items below and attach any
additional information to be submitted with this application:
1. Please submit, in narrative form, the nature and character of the proposed use in the
floodplain. Submit plans and supporting information (i.e. letters from responsible
agencies).
2. Submit a site plan /map drawn to scale that portrays the boundaries of the subject
property, all existing and proposed structures on the property and the boundaries of
the flood-fringe and floodway of the 100-year floodplain.
3. Submit a vicinity map showing slope I topography of your property, for which a
U.S.G.S. 1 :24,000 scale quadrangle map will suffice.
4. Submit a copy of the deed and a legal description of the subject property.
5. If you are acting as an agent for the property owner, you must attach an
acknowledgement from the property owner that you may act in his/her behalf.
6. A $400.00 Base Fee: Applicant shall sign the gAgreement for Payment" form and
provide the fee with the application.
7. Submit 2 copies of this completed application form and all the required submittal
materials to the Building and Planning Department. Staff will request additional
copies once the application has been deemed technically complete.
8. All applications for a Floodplain Development Permit under this Regulation shall be
reviewed by the Floodplain Administrator and shall be processed according to the
following process and standards:
6.08.02 Permit Procedures
(1) Application for a Development Permit shall be presented to the Floodplain .
Administrator on forms furnished by him/her and may include, but not be limited to ,
plans in duplicate drawn to scale showing the location, dimensions, and elevation of
proposed landscape alterations, existing and proposed structures, including the
placement of manufactured homes, and the location of the foregoing in relation to
areas of special flood hazard. Additionally, the following information is required:
a. Elevation (in relation to mean sea level), of the lowest floor (including
basement) of all new and substantially improved structures;
b. Elevation in relation to mean sea level to which any nonresidential structure
shall be flood-proofed;
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c. A certificate from a registered professional engineer or architect that the
nonresidential flood-proofed structure shall meet the flood-proofing criteria of
Section 6.09.;
d. Description of the extent to which any watercourse or natural drainage will
be altered or relocated as a result of proposed development.
e. Maintain a record of all such information in accordance with Section 6 .08.01
(3).
(2) Approval or denial of a Development Permit by the Floodplain Administrator shall be
based on all of the provisions of this resolution and the following relevant factors:
a . The danger to life and property due to flooding or erosion damage;
b. The susceptibility of the proposed facility and its contents to flood damage
and the effect of such damage on the individual owner;
c. The danger that materials may be swept onto other lands to the injury of
others;
d. The compatibility of the proposed use with existing and anticipated
development;
e. The safety of access to the property in times of flood for ordinary and
emergency vehicles;
f . The costs of providing governmental services during and after flood
conditions including maintenance and repair of streets and bridges, and public
utilities and facilities such as sewer, gas, electrical and water systems;
g. The expected heights, velocity, duration, rate of rise and sediment transport
of the flood waters and the effects of wave action, if applicable, expected at the
site;
h. The necessity to the facility of a waterfront location, where applicable ;
i. The availability of alternative locations, not subject to flooding or erosion
damage, for the proposed use;
j . The relationship of the proposed use to the comprehensive plan for that area.
(3) Outline of Process. The Administrative Review process shall consist of the following
procedures:
a. Review Process
1. Aoolication. The application materials required for a Development Permit
subject to Administrative Review are set forth in Section 6.08 .01 (2).
2. Determination of Completeness. The Director shall review the application for
determination of completeness.
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3. Evaluation by Director/Staff Review. Upon determination of completeness ,
the Di rector shall review the application for compliance with the approval
standards set forth in this resolution . The Director's evaluation of the
application may include comment by referral agencies.
b. Director Decision. Within thirty (30) working days of the date of determination of
completeness, or close of the comment period if the application is referred for
comment, the Director may approve, approve with conditions or deny the land use
change application subject to Administrative Review. The Director's decision shall be
based upon compliance of the proposed use with the approval standards set forth in
this resolution.
1. Approval of Aoplication . If the application satisfies all of the applicable
standards, the application shall be approved . The application may be
approved with cond itions determined necessary for compliance with
applicable standards.
2. Denial of Application . If the application fails to satisfy all of the applicable
standards , the application shall be denied .
c. Written Notice of Decision . The Director shall inform the applicant of the approval ,
conditions of approval or basis for denial in writing within five (5) working days of the
date of decision. Notice of the Director's decision may also be provided to the Board
of County Commissioners.
d. Reconsideration of Director's Decision
1. Request bv Applicant for Reconsideration of Decision . An applicant may
request reconsideration of the Director's decision by the Board of County
Commissioners. The aggrieved party may file a written request within ten (10)
calendar days of the date of written notice of the decision by the Director.
2. Schedule Public Hearing. Public hearing by the Board of County
Commissioners shall be held with in forty-five (45) calendar days of the date
of receipt of the request for reconsideration.
3. Notice by Publication. At least thirty (30) calendar days prior to the date of the
scheduled public hearing before the Board of County Commissioners, the
aggrieved party shall have published a notice of public hearing in a
newspaper of general circulation in the area that the proposed land use
change is located.
4. Decision by Board . The Board shall conduct a hearing. The Board shall
uphold the Director's decision, modify the decision or reverse the decision,
based upon compliance of the proposed Development Permit with the
approval standards set forth in Sections 9.08 .02 (1) and 9.09.
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General Standards for Construction
In all areas of special flood hazards the following provisions are required for all new
construction and substantial improvements:
1. All new construction or substantial improvements shall be designed (or modified)
and adequately anchored to prevent flotation, collapse or lateral movement of the
structure resulting from hydrodynamic and hydrostatic loads, including the effects
of buoyancy;
2. All new construction or substantial improvements shall be constructed by
methods and practices that minimize flood damage;
3. All new construction or substantial improvements shall be constructed with
materials resistant to flood damage;
4 . All new construction or substantial improvements shall be constructed with
electrical, heating, ventilation, plumbing, and air conditioning equipment and
other service facilities that are designed and/or located so as to prevent water
from entering or accumulating within the components during conditions of
flooding .
5. All new and replacement water supply systems shall be designed to minimize or
eliminate infiltration of flood waters into the system;
6. New and replacement sanitary sewage systems shall be designed to minimize or
eliminate infiltration of flood waters into the system and discharge from the
systems into flood waters; and,
7. On-site waste disposal systems shall be located to avoid impairment to them or
contamination from them during flooding .
8. When a regulatory floodway has not been designated, the Floodplain
Administrator must require that no new construction, substantial improvements,
or other development (including fill) shall be permitted within Zones A 1-30 and
AE on the community's FIRM , unless it is demonstrated that the cumulative effect
of the proposed development, when combined with all other existing and
anticipated development, will not increase the water surface elevation of the base
flood more than one foot at any point within the community; and,
9 . Under the provisions of 44 CFR Chapter 1, Section 65.12, of the National Flood
Insurance Program regulations , a community may approve certain development
in Zones A1-30, AE , AH, on the community's FIRM which increases the water
surface elevation of the base flood by more than one foot, provided that the
community first applies for a conditional FIRM revision through FEMA
(Conditional Letter of Map Revision).
6.09.02 Specific Standards
In all areas of special flood hazards where base flood elevation data has been provided
as set forth in Section 6.03 , or 6.09.03, the following provisions are required:
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1. Residential Construction -new construction and substantial improvement of any
residential structure shall have the lowest floor (including basement), elevated to
one (1) foot above the base flood elevation. A registered professional engineer,
architect, or land surveyor shall submit a certification to the Floodplain
Administrator that the standard of this subsection as proposed in, Section 6.08.02
(1), is satisfied .
2. Nonresidential Construction -new construction and substantial improvements of
any commercial, industrial or other nonresidential structure shall either have the
lowest floor (including basement) elevated to or above the base flood level or
together with attendant utility and sanitary facilities, be designed so that below
the base flood level the structure is watertight with walls substantially
impermeable to the passage of water and with structural components having the
capability of resisting hydrostatic and hydrodynamic loads and effects of
buoyancy. A registered professional engineer or architect shall develop and/or
review structural design, specifications, and plans for the construction, and shall
certify that the design and methods of construction are in accordance with
accepted standards of practice as outlined in this subsection. A record of such
certification which includes the specific elevation (in relation to mean sea level) to
which such structures are floodproofed shall be maintained by the Floodplain
Administrator.
3. Enclosures -new construction and substantial improvements, with fully enclosed
areas below the lowest floor that are usable solely for parking of vehicles,
building access or storage in an area other than a basement and which are
subject to flooding shall be designed to automatically equalize hydrostatic flood
forces on exterior walls by allowing for the entry and exit of floodwaters. Designs
for meeting this requirement must either be certified by a registered professional
engineer or architect or meet or exceed the following minimum criteria:
a) A minimum of two openings having a total net area of not less than one
square inch for every square foot of enclosed area subject to flooding shall
be provided.
b) The bottom of all openings shall be no higher than one foot above grade.
c) Openings may be equipped with screens, louvers, valves, or other
coverings or devices provided that they permit the automatic entry and exit of
floodwaters.
4. Manufactured Homes
a) Require that all manufactured homes to be placed within Zone A on a
community's FHBM 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.
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b) Require that manufactured homes that are placed or substantially
improved within Zones A1-30, AH, and AE on the community's FIRM
on sites (i) outside of a manufactured home park or subdivision, (ii) in
a new manufactured home park or subdivision, {iii) in an expansion to
an existing manufactured home park or subdivision, or (iv) in an
existing manufactured home park or subdivision on which a
manufactured home has incurred "substantial damage" as a result of
a flood, be elevated on a permanent foundation such that the lowest
floor of the manufactured home is elevated to or above the base flood
elevation and be securely anchored to an adequately anchored
foundation system to resist flotation, collapse, and lateral movement.
c) Require that manufactured homes be placed or substantially improved
on sites in an existing manufactured home park or subdivision with
Zones A 1-30, AH and AE on the community's FIRM that are not
subject to the provisions of paragraph (4) of this section be elevated
so that either:
1) the lowest floor of the manufactured home is at or above the
base flood elevation, or
2) the manufactured home chassis is supported by reinforced
piers or other foundation elements of at least equivalent strength
that are no less than 36 inches in height above grade and be
securely anchored to an adequately anchored foundation system
to resist flotation, collapse, and lateral movement.
5. Recreational Vehicles -Require that recreational vehicles placed on sites within
Zones A1-30, AH, and AE on the community's FIRM either:
a) be on the site for fewer than 180 consecutive days,
b) be fully licensed and ready for highway use, or
c) meet the permit requirements of Article 4, Section C (1), and the
elevation and anchoring requirements for "manufactured homes" in
paragraph (4) of this section. A recreational vehicle is ready for
highway use if it is on its wheels or jacking system, is attached to the
site only by quick disconnect type utilities and security devices, and
has no permanently attached additions.
6.09.03 Standards For Subdivision Proposals
1. All subdivision proposals including the placement of manufactured home
parks and subdivisions shall be consistent with Article 1, Sections B, C, and
D of this resolution.
2. All proposals for the development of subdivisions including the placement of
manufactured home parks and subdivisions shall meet Development Permit
requirements of 6.08.02 and the provisions of 6.09 of this resolution.
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3. Base flood elevation data shall be generated for subdivision proposals and
other proposed development including the placement of manufactured home
parks and subdivisions which is greater than 50 lots or 5 acres, whichever is
lesser, if not otherwise provided pursuant to Article 3, Section B or Article 4,
Section B (8) of this resolution.
4. All subdivision proposals including the placement of manufactured home
parks and subdivisions shall have adequate drainage provided to reduce
exposure to flood hazards.
5. All subdivision proposals including the placement of manufactured home
parks and subdivisions shall have public utilities and facilities such as sewer,
gas, electrical and water systems located and constructed to minimize or
eliminate flood damage.
6.09.04 Floodway
Floodways -located within areas of special flood hazard established in Section 6.03.02,
are areas designated as floodways . Since the floodway is an extremely hazardous area
due to the velocity of flood waters which carry debris, potential projectiles and erosion
potential, the following provisions shall apply:
1. Encroachments are prohibited, including fill, new construction, substantial
improvements and other development within the adopted regulatory floodway
unless it has been demonstrated through hydrologic and hydraulic analyses
performed in accordance with standard engineering practice that the
proposed encroachment would not result in any increase i n flood levels within
the community during the occurrence of the base flood discharge.
2. If Section 6.09.02 (1) above is satisfied, all new construction and substantial
improvements shall comply with all applicable flood hazard reduction provisions of
Article 5.
3 . Under the provisions of 44 CFR Chapter 1, Section 65.12, of the National Flood
Insurance Regulations, a community may permit encroachments within the adopted
regulatory floodway that would result in an increase in base flood elevations, provided
that the community first applies for a conditional FIRM and floodway revision through
FEMA.
6 .09.05 Standards For Areas Of Shallow Flooding
Located within the areas of special flood hazard established in 6.03.02 are areas designated as
shallow flooding. These areas have special flood hazards associated with base flood depths of 1 to
3 feet where a clearly defined channel does not exist and where the path of flooding is
unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding
or sheet flow; therefore, the following provisions apply:
1. All new construction and substantial improvements of residential structures have the
lowest floor (including basement) elevated above the highest adjacent grade at least as
high as the depth number specified in feet on the community's FIRM (at least two feet if
no depth number is specified).
2. All new construction and substantial improvements of non-residential structures;
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a) have the lowest floor (including basement) elevated above the highest adjacent
grade at least as high as the depth number specified In feet on the community's
FIRM (at least two feet if no depth number is specified), or;
b) together with attendant utility and sanitary facilities be designed so that below
the base flood level the structure is watertight with walls substantially
impermeable to the passage of water and with structural components having the
capability of resisting hydrostatic and hydrodynamic loads of effects of
buoyancy.
3. A registered professional engineer or architect shall submit a certification to the
Floodplain Administrator that the standards of this Section, as proposed In 6 .08 .02 (1)
a ., are satisfied.
4 . Require within Zones AH or AO adequate drainage paths around structures on slopes,
to guide flood waters around and away from proposed structures.
I have read the statements above and have provided the required attached Information
which Is corre t and accurate to the best of my knowledge.
Last Revised: 11/2007
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GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT
FEE SCHEDULE
Garfield County, pursuant to Board of County Commissioners ("Board") Resolution No. 98-09, has established
a fee structure ("Base Fee") for the processing of each type of subdivision and land use applications.
The Base Fee is an estimate of the average number of hours of staff time devoted to an application, multiplied
by an hourly rate for the personnel involved. The Board recognized that the subdivision and land use
application processing time will vary and that an applicant should pay for the total cost of the review which
may require additional billing. Hourly rates based on the hourly salary, and fringe benefits costs of the
respective positions combined with an hourly overhead cost for the office will be used to establish the actual
cost of County staff time devoted to the review of a particular project.
Actual staff time spent will be charged against the Base Fee. After the Base Fee has been expended, the
applicant will be billed based on actual staff hours accrued. Any billing shall be paid in full prior to final
consideration of any land use permit, zoning amendment or subdivision plan. If an applicant has previously
failed to pay application fees as required, no new or additional applications will be accepted for processing until
the outstanding fees are paid.
Checks, including the appropriate Base Fee set forth below, must be submitted with each land use application,
and made payable to the Garfield County Treasurer. Applications will not be accepted without the required
application fee . Base Fees are non-refundable in full, unless a written request for withdraw from the applicant
is submitted prior the initial review of the application materials.
Applications must include an Aereement for Payment Form ("Agreement") set forth below. The Agreement
establishes the applicant as being responsible for payment of all costs associated with processing the
application. The Agreement must be signed by the party responsible for payment and submitted with the
application in order for it to be accepted.
The complete fee schedule for subdivision and land use applications is attached .
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GARFIED COUNTY BUILDING AND PLANNING DEPARTMENT
BASE FEES
The following Base Fees shall be received by the County at the time of submittal of any procedural application
to which such fees relate. Such Base Fees shall be in addition to and exclusive of any cost for publication or
cost of consulting service determined necessary by the Board for the consideration of any application or
additional County staff time or expense not covered by the Base Fee, which have not otherwise been paid by the
applicant to the County prior to final action upon the application tendered to the County.
TYPE OF PROCEDURE
Vacating Public Roads & Rights-of-Way
Sketch Plan
Preliminary Plan
Final Plat
Amended Plat
Exemption from the Definition of Subdivision (SB-35)
Land Use Permits (Special Use/Conditional Use Permits)
• Administrative/no public hearing
• Board Public Hearing only
• Planning Commission and Board review & hearing
Zoning Amendments
• Zone District map amendment
• Zone District text amendment
• Zone District map & text amendment
• PUD Zone District & Text Amendment
• PUD Zone District Text Amendment
Comprehensive Plan Amendment
Board of Adjustment
• Variance
• Interpretation
m1ms-ifive-Pe rmi ~
• :Eroo.ap~in l>evefo ment
• Pipeline Development
Planning Staff Hourly Rate
• Planning Director
• Senior Planner
• Planning Technician
• Secretary
County Surveyor Review Fee (includes review of Amended
Plats, Final Plats, Exemption Plats)
Mylar Recording Fee
Page2
BASE FEE
$400
$325
$675 +application agency review fees
and outside consultant review fees, as
authorized pursuant to the Regulations,
such as the Colorado Geologic Survey
$200
$100
$300
$250
$400
$525
$450
$300
$500
$500
$500
$450
$250
$250
$400
$50.50
$40 .50
$33.75
$30
Determined by Surveyor$
$11 -1 st page
$10 each additional page
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The following guidelines shall be used for the administration of the fee structure set forth above:
1. All applications shall be submitted with a signed Agreement for Payment fonn set forth below.
2. County staff shall keep accurate record of actual time required for the processing of each land use
application, zoning amendment, or subdivision application. Any additional billing will occur commensurate
with the additional costs incurred by the County as a result of having to take more time that that covered by
the base fee.
3. Any billings shall be paid prior to final consideration of any land use pennit, zoning amendment, or
subdivision plan . All additional costs shall be paid to the execution of the written resolution confinning
action on the application.
4 . Final Plats, Amended or Corrected Plats, Exemption Plats or Pennits will not be recorded or issued until all
fees have been paid.
5. In the event that the Board detennines that special expertise is needed to assist them in the review of a land
use permit, zoning amendment, or subdivision application, such costs will be borne by the applicant and
paid prior to the final consideration of the application. All additional costs shall be paid prior to the
execution of the written resolution confinning action on the application.
6 . If an application involves multiple reviews, the Applicant shall be charged the highest Base Fee listed
above.
7. Types of"Procedures" not listed in the above chart will be charged at an hourly rate based on the pertinent
planning staff rate listed above.
8. The Planning Director shall establish appropriate guidelines for the collection of Additional Billings as
required.
9. This fee structure shall be revised annually as part of the County budget hearing process.
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GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT
AGREEMENT FOR PAYMENT FORM
(Shall be submitted with application)
GARFIELD COUNTY (hereinafter COUNTY) and ~ltlt ~ H\clfE;lJ.E.. 'HAt;.LCJbJ
(hereinafter APPLICANn agree as follows:
~ 1. APPLICANT has submitted to COUNTY an application for ~hl , l J?E ~H tt -ttJts,14J ];, WI LP IN 'f l.A?)?'rt.,A IN (hereinafter, THE PROJECT).
2. APPLICANT understands and agrees that Garfield County Resolution No. 98-09, as amended,
establishes a fee schedule for each type of subdivision or land use review applications, and the guidelines for
the administration of the fee structure.
3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed
project, it is not possible at this time to ascertain the full extent of the costs involved in processing the
application. APPLICANT agrees to make payment of the Base Fee, established for the PROJECT, and to
thereafter permit additional costs to be billed to APPLICANT. APPLICANT agrees to make additional
payments upon notification by the COUNTY when they are necessary as costs are incurred.
4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of
consulting service determined necessary by the Board of County Commissioners for the consideration of an
application or additional COUNTY staff time or expense not covered by the Base Fee. If actual recorded costs
exceed the initial Base Fee, APPLICANT shall pay additional billings to COUNTY to reimburse the COUNTY
for the processing of the PROJECT mentioned above. APPLICANT acknowledges that all billing shall be paid
prior to the final consideration by the COUNTY of any land use permit, zoning amendment, or subdivision
plan.
APPLICANT
7sigll8tUrC
Date: 5-/ ... () ¥
Print Name
Mailing Address: /0 7 Rt 11n4ec ~ Rottb
(?,f-4t OOeJ"l>t\-g:": CC> ?1~23
10/2004
Page 4
I I I _,.. c ( April 23, 2008
APPLICATION FOR A DEVELOPMENT PERMIT
FOR CONSTRUCTION ACTIVITIES PROPOSED WITHIN THE
FLOOD FRINGE ASSOCIATED WITH RESIDENTIAL
DEVELOPMENT ON LOT A6, ASPEN GLEN. THE BUILDING
ENVELOPE BEING WITHIN THE I 00-YEAR FLOOD PLAIN
Representatives :
Sopris Engineering LLC
502 Main Street, Suite A3
Carbondale, Colorado, 81623
Paul Rutledge
Design Engineer
Yancy Nichol, PE
Project Manager
Applicant:
John Muir
John Muir Architects
201 Main Street, Suite 304
Carbondale, Colorado, 81623
Property Owners:
Keith Marlow
0372 River's Bend Road
Carbondale, CO 81623
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I I ti
c A~11cant: John Muir Architects
SE Job No. 28040.01
April 23 , 2008
Page2
APPLICATION FOR A DEVELOPMENT PERMIT
FOR RESIDENTIAL CONSTRUCTION ON A PARCEL OF LAND
LOCATED IN THE FLOOD FRINGE WITHIN THE 100-YEAR
FLOODPLAIN
Property Owner
Property Location:
Keith Marlow
0372 River's Bend Road
Carbondale, CO 81623
The subject property is located in Section 29, Township 7 south, Range 88
West of the 6th P.M . in Garfield County at Lot A6, of the Aspen Glen
PUD.
Request for Approval:(a} A Development Permit for proposed construction within Lot A6 that is
located within the delineated floodplain (flood fringe}. The area of
construction activities is associated with the proposed residential
development on this lot.
(b} Approval of construction in accordance with Garfield County's
Regulations regarding Development Permits and work in flood plains.
SUMMARY OF REQUESTS
The applicant is requesting a Development Permit in order to construct the proposed residential
improvements within the delineated floodplain (flood fringe} on lot A6, Aspen Glen PUD. The
work in the floodplain will involve the construction of approximately 5160 S .F. residential
structure footprint within the platted building envelope and associated landscape grading
adjacent to the structure. All work in the floodplain will be performed within the limits of the
established FEMA flood fringe and above the existing river channel top of bank. No work is
proposed within the established FEMA floodway. The finish floor grades of the dwelling space
will be above the 100-year base flood elevation. The area will be grubbed and excavated as
needed for foundation construction and placement of structural fill materials typical for
residential construction. The placement of any fill associated with landscape improvements
within the flood fringe adjacent to the home area will not affect base flood elevations or cause
adverse changes in flood patterns downstream. No construction or other work activities will be
performed in the floodway therefore the existing floodway will be maintained with 0-rise of
flood levels and velocities. All disturbed area on the site and within the flood fringe area will be
stabilized and revegetated. Best management erosion control practices shall be in place and
maintained as needed.
EXISTING CONDITIONS AND FLOODPLAIN
The site elevations and the FEMA FIRM mapping elevations on the attached site plan and the
attached construction flood certificate are referenced to the 1929 vertical datum.
' ·'
( A(,tcant: John Muir Architects
SE Job No . 28040 .0 I
April 23, 2008
Page3
The proposed residential development within the flood fringe will occur along the southeasterly
portion of the building envelope as defined by the established FEMA floodplain line through the
subject property. The 100-year base flood elevation (BFE) at the most upstream point in the
development envelope is at an approximate elevation of 6038.5. All residential development will
result in finish floor grades constructed above the BFE. The floodplain infonnation has been
derived from the FEMA FIRM map, community-panel number; 080205 1856 B, dated 1/3/86.
The Regulations with respect to the flood plain only require a development pennit for "any use
to be developed in the flood plain." Garfield County Zoning Resolution,§ 6.08.01. A portion of
the Applicants' proposed construction and uses are inside of the mapped 100-year flood plain. A
portion of the proposed residential improvements are within the 100 year flood fringe only;
therefore the construction with appropriate flood proof construction and stabilization of any
placed fill is applicable by definition under the Floodplain Regulations (6.02 .10).
USACE PERMITTING
The proposed construction does not involve the placement of any structures or materials that will
adversely affect the existing flood hydrology or impact any delineated wetlands . No disturbance
of wetlands or existing floodplain conditions is proposed or applicable. Therefore no USA CE
pennitting is required.
CONSTRUCTION ACTIVITIES IN THE FLOODPLAIN
Section 6.00 of the Zoning Resolution pennits construction as discussed herein . Because
a portion of the proposed improvements on the site is impacted by the I 00-year flood plain,
Applicants herein address the flood plain regulations . -
Section 6.08.01. 02. The applicable maps do identify that the improvements are within the 100-
year flood plain (flood fringe) within the platted building envelope. The construction in the
established flood fringe (zone A4) within Lot A6's building envelope is for typical residential
construction. The construction activities are limited to approximately 6000 S.F. of dwelling area
and adjacent landscape area. The proposed construction includes engineered foundation, walls,
placement of structural fill materials typical for residential construction and the placement of fill
associated with landscape improvements within the flood fringe. No construction activities are
proposed that will restrict or otherwise adversely impact the current flood flow conditions. No
storage or disposal of any materials is proposed within the floodplain.
Section 6.09.01. The construction within the floodplain on Lot A6 will be designed and
constructed in compliance with the provisions of 6.09.01.1-6 . The proposed access and driveway
will not be impacted by flooding . No utilities, water or sanitary service will be located within the
flood fringe area. The finished construction will be resistant to flood damage. Section 6.09
Standards For Construction.
Section 6.09.02. The 100-year base flood elevation (BFE) at the most upstream point in
the development area within the floodplain is at an approximate elevation of 6038 .5. The
proposed residential development within the floodplain will result in finish floor grades
constructed above the BFE. The proposed lower level dwelling finish floor elevation will be at
6039.5 a minimum 1 foot above the BFE. Attached is a construction Elevation Certificate
I' • • ..
( A ~,.1cant: John Muir Architects
SE Job No. 28040.0 I
April 23, 2008
Page4
delineating the application elevations and flood conditions. The structure will be designed and
constructed to be resistant to flood damage in accordance with the provisions of 6.09.02-1, 2.
The Structure will be a slab on grade structure without any crawl space enclosures, therefore the
requirements of section 6.09.02-3 are not applicable. In addition the requirements of section
R323.2.2 of the international residential code are not applicable.
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APPENDICES
The following documents are appended hereto:
A~11cant: John Muir Architects
SE Job No. 28040.01
April 23 , 2008
Page 5
Appendix "A" -Exhibit A -Site plan, Vicinity Map, 1986 FEMA Flood Study Maps
-Appendix "B" -FEMA Elevation Certificate for Construction
u.s. DEPARTMENT oF HOMELAND sEcuR1rv r ELEVATION CERTIFICATE--
Fec1era1 Emergency Management Agency i.._ l
OMB No . 1660-0008
Exoires Februarv 28. 2009
National Flood Insurance Program Important Read the instructions on pages 1-8.
SECTION A -PROPERTY INFORMATION For Insurance Company Use :
A 1. Building Owner's Name Keith Marlow Policy Number
A2.. Building Street Address (including Apt., Unit, Suite, and/or Bldg. No.) or P.O. Route and Box No . Company NAIC Number
0372 Rivers Bend
City Carbondale State CO ZIP Code 81623
A3. Property Description (Lot and Block Numbers, Tax Parcel Number, Legal Description , etc.)
Lot 6A, Aspen Glen, PUD
A4. Building Use (e.g ., Residential , Non-Residential, Addition , Accessory, etc.) Residential
AS. Latitude/Longitude: Lat. 39-2S'20" Long . 107-14'SO" Horizontal Datum : D NAO 1927 181 NAO 1983
AS. Attach at least 2 photographs of the bulldfng If the Certificate Is be ing used to obtain flood Insurance.
A7. Building Diagram Number 1
AB. For a building with a crawl space or enclosure(s), provide A9. For a bultding with an attached garage, provide :
a) Square footage of crawl space or enclosure(s) t:!{8 sq ft a) Square footage of attached garage 790 sq ft
b) No. of permanent flood openings In the crawl space or b) No . of permanent flood openings in the attached garage
enclosure(s) walls within 1.0 foot above adjacent grade t:!{8 walls within 1.0 foot above adjacent grade NIA
c) Total net area of flood openings In AB.b NIA sq in c) Total net area of flood openings In A9.b NIA sq in
SECTION B -FLOOD INSURANCE RATE MAP (FIRM) INFORMATION
B 1. NFIP Community Name & Community Number I 82. County Name I B3 .State
Garfield County 08020S Garfield County co
84. Map/Panel Number BS .Suffix 86. FIRM Index B7. FIRM Panel BB . Flood B9 . Base Flood Elevalion(s) (Zone
Date Effective/Revised Date Zone(s) AO, use base flood depth)
1856 B 12-1S-1977 January 3, 1986 A4 6038.5
B 10. Indicate the source of the Base Flood Elevation (BFE) data or base flood depth entered In Item B9.
D FIS Profile 181 FIRM D Community Determ ined D Other (Describe) __
B11. Indicate elevation datum used for BFE i n Item 89: 181NGVD1929 D NAVO 1988 D Other (Describe)~
B12. Is the building located in a Coastal Barrier Resources System (CBRS) area or Otherwise Protected Area (OPA)? DYes 181No
Designation Date __ 0 CBRS 0 OPA
SECTION C -BUILDING ELEVATION INFORMATION (SURVEY REQUIRED)
C1. Building elevations are based on: 181 Construction Drawings• D Building Under Construction• D Finished Construction
*A new Elevation Certificate will be required when construction of the building Is complete .
C2. Elevations-Zones A1-A30. AE. AH. A (with BFE), VE, V1-V30, V (with BFE), AR, ARIA, AR/AE, AR/A1-A30, AR/AH, AR/AO. Complete Items C2.a-g
below according to the building diagram specified In Item A7.
Benchmark Utilized COOT-RM61 Vertical Datum 1929
Conversion/Comments
a) Top of bottom floor (including basemen~ crawl space, or enclosure floor).
b) Top of the next higher floor
c) Bottom of the lowest horizontal structura l member (V Zones only)
d) Attached garage (top of slab)
e) Lowest elevation of machinery or equ ipment servicing the building
(Describe type of equipment in Comments)
f) Lowest adjacent (finished) grade (LAG)
g) Highest adjacent (finished) grade (HAG)
Check the measurement used.
~-2Q 181 feet D meters (Puerto Rico only)
6048 .~ 181 feet D meters (Puerto Rico only)
NIA.__ D feet D meters (Puerto Rico only)
6039._D feet D meters (Puerto Rico only)
NIA.__ D feet D meters (Puerto Rico only)
6036 .+/. 181 feet D meters (Puerto Rico only)
6039.S+/. 181 feet D meters (Puerto Rico only)
SECTION D -SURVEYOR, ENGINEER, OR ARCHITECT CERTIFICATION
This certification is to be signed and sealed by a land surveyor, engineer, or archited authorized by law to certify elevation
Information. I certify that the Information on this Certificate represents my best efforts to interpret the data available.
I understand that any false statement may be punishable by fine or Imprisonment under 18 U.S. Code. Section 1001.
D Check here if comments are provided on back of form.
Certifier's Name Yancy Nichol, P .E . License Number 28377
ntle PRINCIPAL Company Name SOPRIS ENGINEERING, LLC
Address S02 MAIN STREET SUITE A3 City CARBONDALE State CO ZIP Code 81623
Signature Date Telephone 970-704-0311
PLACE
SEAL
HERE
FEMA Form 81-31, February 2006 See reverse side for continuation . Replaces all previous editions
IMPORTANT: In these spaces, copy the {--responding lnfonnatlon from Section A. ( For Insurance Company Use :
Building Street Address (Including Apt., Unit , Su 2 .id/or Bldg . No.) or P.O. Route and Box No. Polley Number
0372 Rivers Bend
City Carbondale State CO ZIP Code 81623 Company NAIC Number
SECTION D -SURVEYOR, ENGINEER, OR ARCHITECT CERTIFICATION (CONTINUED)
Copy both sides of this Elevation Certificate for (1) community official, (2) Insurance agenUcompany, and (3) building owner.
Comments THE HIGHEST BFE AT THE UPSTREAM BUILDING CORNER WITIN THE FLOOD PLAIN ON LOT-6A IS AT AN ELEVATION OF 603S.S .
THE PROPOSED STRUCTURE WILL HAVE A FIRST FLOOR DWELLllNG SPACE F.F. EL. AT 6039.5. (Slab on Grade construction). THE BFE WAS
DETERMINED BY THE FLOOD STUDY AND ASSOCIATED FEMA FIRM MAP. All elevations listed on this form are based on the 1929 FEMA Datum
referenced on the FIRM map .
Signature Date
D Check here if attachments
SECTION E -BUILDING ELEVATION INFORMATION (SURVEY NOT REQUIRED) FOR ZONE AO AND ZONE A (WITHOUT BFE)
For Zones AO and A (without BFE), complete Items E1 -ES. If the Certificate Is Intended to support a LOMA or LOMR-F request, complete Sections A, B,
and C. For Items E1-E4, use natural grade, if available . Check the measurement used. In Puerto Rico only , enter meters .
E 1. Provide elevation information for the following and check the appropriate boxes to show whether the elevation Is above or below the highest adjacent
grade (HAG) and the lowest adjacent grade (LAG).
a) Top of bottom floor (includ ing basement, crawl space, or enclosure) is--·--0 feet 0 meters D above or 0 below the HAG .
b) Top of bottom floor (including basement, crawl space, or enclosure) Is--·-· -· _ D feet D meters D above or 0 below the LAG.
E2 . For Building Diagrams 6-8 with permanent flood openings provided In Section A Items 8 and/or 9 (see page S of Instructions); the next higher floor
(elevation C2 .b in the diagrams) of the building Is --·--D feet D meters D above or 0 below the HAG .
E3 . Attached garage (top of slab) Is --·--D feet D meters 0 above or 0 below the HAG.
E4. Top of platform of machinery and/or equipment servicing the building Is --·--D feet D meters 0 above or 0 below the HAG.
E5 . Zone AO only: If no flood depth number Is available, is the top of the bottom floor elevated In accordance with the community's floodpla in management
ordinance? 0 Yes D No D Unknown. The local official must certify this Information in Sedion G.
SECTION F -PROPERTY OWNER (OR OWNER'S REPRESENTATIVE) CERTIFICATION
The property owner or owner's authorized representative who completes Sedions A . B, and E for Zone A (without a FEMA-issued or community-issued BFE)
or Zone AO must sign here. The statements In Sections A, B, and E are COtTect to the best of my knowledge.
Property Owner's or Owner's Authorized Representative's Name
Address City State ZIP Code
Signature Date Telephone
Comments
D Check here if attachments
SECTION G -COMMUNITY INFORMATION (OPTIONAL)
The local official who is authorized by law or ordinance to administer the community's floodplain management ordinance can complete Sedlons A, B, C (or E).
and G of this Elevation Certificate. Complete the applicable item(s) and sign below. Check the measurement used In Items GS. and G9 .
G1. D The Information In Section C was taken from other documentation that has been signed and sealed by a licensed surveyor, engineer, or architect who
Is authorized by law to certify elevation Information. (Indicate the source and date of the elevation data In the Comments area below.)
G2. O A community official completed Section E for a building located In Zone A (without a FEMA-lssued or community-Issued BFE) or Zone AO.
G3. O The following Information (Items G4.-G9.) Is provided for community floodplain management purposes.
G4. Permit Number GS. Date Permit Issued G6 . Date Certificate Of Compliance/Occupancy Issued
G7 . This permit has been issued for: D New Construction D Substantial Improvement
GS. Elevation of as-built lowest floor (including basement) of the building: --·--.D feet 0 meters (PR) Datum __
G9. BFE or (in Zone AO) depth of flooding at the building site: --·--0 feet 0 meters (PR) Datum __
Local Official's Name Title
Community Name Telephone
Signature Date
Comments
FEMA Form 81-31, February 2006
D Check here if attachments
Replaces all previous editions
( (
Building Photographs
See Instructions for Item AB .
For Insurance Company Use ~
Building Street Address (including Apt, Uni~ Suite, and/or Bldg. No.) or P.O. Route and Box No. Policy Number
City State ZIP Code Company NAIC Nl.IT'lber
If using the Elevation Certificate to obtain NFIP flood insurance, affix at least two building photographs below according to
the instructions for Item AB. Identify all photographs with: date taken; "Front View" and "Rear View"; and, if required, "Right
Side View" and "left Side View." If submitting more photographs than will fit on this page, use the Continuation Page,
following.
. .
( Building Photographs C
Continuation Page
For Insurance Company Use :
Building Street Address (including Apt, Uni~ Suite, and/or Bldg. No.) or P.O. Route and Box No. Policy Number
City State ZIP Code Company NAIC Number
If submitting more photographs than will fit on the preceding page, affix the additional photographs below. Identify all
photographs with: date taken; "Front View" and "Rear View"; and, if required, "Right Side View'' and "Left Side View."
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·May 01, 2008
To whom it may concern:
On behalf of Keith & Michelle Marlow I would like to request a special use permit to
, build in the flood plain for the following property:
Lot A6, Filing No. l
Peninsula at Aspen Glen Subdivision
According to a plat recorded as no . 476330
I ' I
We are requesting to build in the flood plain to fully utilize the available building
envelope. The lowest proposed floor elevation within the l 00 year flood plain will be
located at 6,039.5', one foot above the base flood elevation of 6,038.5'. All services and
utilities to be provided by typical service taps located at property .
I am available for any questions.·
I
Sincerely,
L. John Muir, A.I.A . '
John Muir Architects, Inc.
201 Main Street, Suite 304, Carbondale, Colorado 81623
" Phone: (970) 704-=ll750 Fax: (970) 704-0287 E-Mail: jma@sopris.net
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To: Planning & Zoning Department (
Garfield County, Colorado
From: Johrt Muir Architects
Date: May 01, 2008
RE: 0372 Rivers Bend, Lot A6 Peninsula at Aspen Glen
Statement regarding section ?.03 of the zoning regulations
1. Utilities and sanitation services to be' provided by standard taps located at the property.
2. Street access to be provided by the existing road, Rivers Bend, see site plan.
·3, The proposed residence design and landscaping confonns to the standards set fourth by
the Aspen Glen Design Review Committee and Garfield County planning and zoning.
20tMain Street, Suite 304, carbondalc, Colorado 81623
Phone: (970) 704-9750 FSJC (970) 704-0287 E-Mail: jma@sopris.net
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To: Planning & Zoning Department & Building Department
Garfield County, Colorado
• .
From:••"'•.-.••
Date: May O 1, 2008
RE: Authorization of Owners' Representative
Lot A6 Peninsula at Aspen Glen
~
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With this letter I auth~rize John Muir Architects to act on my behalf in the application for
a special use permit & building permit for my property located at 0372 Rivers Bend, Lot
A6 Peninsula at Aspen Glen. The Special Use Rermit is for permission to build in the
flood plain.
Signed:
·?e~ .Yl-o'f
; date
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201 Main Strc;ct, Suite S04, carbondale, Colorado 81623
Phone: (970) 704-9750 Fax: (970) 704-0287 E-Mail: jma@.sopris.net
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date
--
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LOT 1
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GOLF COURSE
PARCEL 2
10.293 h:..
A17
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2.025 AC.:t
16
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ADJOINING 2393-20
GOLF COURSE
PARCEL 1
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1J.7J3 Ac.
ASPEN GLEN
CORYELL RANCH
RECREATIONAL OPEN SPA
45.602 AC±
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Marlow Residence-372 Rivers Bend, Aspen Glen Lot A-6
Code compliance, Section 323 of the International Residential Code-Flood Resistant
Construction
R323. l. l-Addressed by structural engineer
R323. I .2-Stone veneer, concrete walls and steel posts.
R323.1.3-Flood height established at 6,038.5' based on the study per Sopris
Engineering,LCC, dated 04/28/08 (enclosed).
R3 23. I .4-Lowest floor elevation is located at 6,03 9 .5 ', I' -0" above flood level. Bottom
of floor joists are located at 6,045'-0". Slab on grade floor construction (No
crawlspace or basement).
'
323.1.5-Note #13 added to General Notes, sheet AO.I stating that the conditions of
section 323.1.5 must be followed. All mechanical and electrical systems will be
abov~ flood level.
323. I .6-Note #I I added to the General Plan Notes sheet AO. I .
....
323.1.7-Addressed by the structural engineer -Note #I2 added to the General Plan Notes
' she~t AO. I.
323.1.8-NIA ;
R323. I .9-Addressed on Floodplain Information Exhibit A, dated and stamped
04/28/08 from Sopris Eqgineering, LLC. A copy of this sheet is enclosed with this
submittal package.
201 Main Street, Suite 304, Carbondale, Colorado 81623
Phone: (970) 704-9750 Fax: (970) 704 -0287 E-Mail: jma@sopris.net J
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R323.2.l-
1. Lowest floor level is located at 6,039.5, 1 '-0" above the design flood
elevation. I
2. Lowest floor level is located at 6,039.5, 1 '-0" above the design flood
elevation.
3.N/A
R3Q3.2.2-No enclosed area below design flood elevation.
R323.2.3-Addresse.d by the structural engineer.
R323.3-NIA
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BUILDING PLANNING c
tible materials or pressure preservatively treated
wood.
2. When in addition to the requirements of R320.l, an
approved method of prot~cting the foam plastic and
structure from subterranean termite damage is pro-
vided.
3. On the interior side of basement walls.
[F] SECTION R321
SITE ADDRESS
R321.1 Premises identification. Approved numbers or ad-
dresses shall be provided for all new buildings in such a posi-
tion as to be plainly visible and legible from the street or road
fronting the property.
[BJ SECTION R322
ACCESSIBILITY
I R322.1 Scope. Where there are four or more dwelling units or
sleeping units in a single structure, the provisions of Chapter 11
of the International Building Code for Group R-3 shall apply.
SECTION R323
FLOOD-RESISTANT CONSTRUCTION
R323.1 General. Buildings and structures constructed in flood
hazard areas (including A or V Zones) as established in Table
R301.2 (1) shall be designed and constructed in accordance
with the provisions contained in this section.
Exception: All buildings and structures in identified
floodways as established in Table R301.2 (l) shall be de-
signed and constructed as stipulated in the International
Building Code.
R323.1.1 Structural systems. All structural 'systems of all
buildings and structures shall be designed, connected and
anchored to resist flotation, collapse or permanent lateral
movement due to structural loads and stresses from flooding
equal to the design flood elevation. ·
R323.1.2 Flood-resistant construction. All buildings and
structures erected in areas prone to flooding shall be
constructed by methods and practices that minimize flood
damage.
R323.1.3 Establishing the design nood elevation. The de-
sign flood elevation shall be used to define areas prone to
flooding, and shall describe, at a minimum, the base flood
elevation at the depth of peak elevation of flooding (includ-
ing wave height) which has a 1 percent (lOO~year flood) or
greater chance of being equaled or exceeded in any given
year.
R323.1.4 Lowest floor. The lowest floor shall be the floor of
the lowest enclosed area, including basement, but excluding
any unfinished flood-resistant enclosure that is useable sole-
ly for vehicle parking, building access or limited storage pro -
58
vided that such enclosure is not built so as to render the build-
ing or structure in violation of this section.
R323.1.5 Protection of mechanical and electrical sys-
tems. Electrical systems, equipment and components, and I
heating, ventilating, air conditioning and plumbing ap-
pliances, plumbing fixtures, duct systems, and other service
equipment shall be located at or above the design flood
elevation. If replaced as part of a substantial improvement,
electrical systems, equipment and components, and heating,
ventilating, air conditioning, and plumbing appliances,
plumbing fixtures, duct systems, and other service equip-
ment shall meet the requirements of this section. Systems,
fixtures, and equipment and components shall not be
mounted on or penetrate through walls intended to break
away under flood loads.
Exception: Electrical systems, equipment and compo-
nents, and heating, ventilating, air conditioning and
plumbing appliances, plumbing fixtures, duct systems,
and other service equipment are permitted to be located
below the design flood elevation provided that they are
designed and installed to prevent water from entering or
accumulating within the components and to resist hydro-
static and hydrodynamic loads and stresses, including the
effects of buoyancy, during the occurrence of flooding to
the design flood elevation in compliance with the flood-
resistant construction requirements of the International
Building Code. Electrical wiring systems are permitted to
be located below the design flood elevation provided they
conform to the provisions of the electrical part of this code
for wet locations.
R323.1.6 Protection of water supply and sanitary sewage
systems. New and replacement water supply systems shall
be designed to minimize or eliminate infiltration of flood I
waters into the sys tems in accordance with the plumbing
provis ions of this code. New and replacement sanitary sew-
age s ystems shall be designed lo minimize or eliminate in-I
filtration of floodwaters into systems and discharges from
systems into floodwaters in accordance with the plumbing
provisions of this code and Chapter 3 of the International
Private Sewage Disposal Codf!.
R323.1. 7 Flood-resistant materials. Building materials
used below the design flood elevation shall comply with the
following:
1. All wood, including floor sheathing, shall be pressure
preservatively treated in accordance with AWPA Cl,
C2, C3, C4, C9, ClS, ClS, C22, C23, C24, C28, Pl,
P2 and P3 or decay-resistant heartwood or redwood,
Wack locust, or cedars.
2. Materials and installation methods used for flooring
and interior and exterior walls and wall coverings I
shall conform to the provisions of FEMA/FIA-TB-2.
R323.1.8 Manufactured housing. New or replacement
manufactured housing shall be elevated in accordance with
Section R323.2 and the anchor and tie-down requirements of
Sections AE604 and AE605 of Appendix E shall apply. The
foundation and anchorage of manufactured housing to be lo-
cated in identified flood ways as established in Table
R301.2(1) shall be designed and constructed in accordance
2003 INTERNATIONAL RESIDENTIAL CODEfl
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with the applicable provisions in the International Building
Code.
R323.1.9 As-built elevation documentation. A registered
design professional shall prepare and seal documentation of
the elevations specified in Section R323.2 or R323.3.
R323.2 Flood hazard areas (including A Zones). All areas
that have been determined to be prone to flooding bu~ not sub-
ject to high velocity wave action shall be designated as flood
hazard areas. All buildings and structures erected in flood haz-
ard areas shall be designed and constructed in accordance with
Sections R323.2.1 th~ough R323.2.3.
R323.2.1 Elevation requirements.
1. Buildings and structures shall have the lowest floors
elevated to or above the design flood elevation.
2. In areas of shallow flooding (AO Zones), buildings
and structures shall have the lowest floor (including
basement) elevated at least as high above the highest
adjacent grade as the depth number specified in feet
(mm) on the FIRM, or 11.t least 2 feet (610 mm) if a
depth number is not specified.
3. Basement floors that are below grade on all sides shall
be elevated to or above the design flood elevation.
Exception: Enclosed areas below the design flood eleva-
tion, including basements whose floors are not below
grade on all sides, shall meet the requirements of Section
R323.2.2.
R323.2.2 Enclosed area below design flood elevation.
Enclosed areas, including crawl spaces, that are below the
design flood elevation shall:
1. Be used solely for parking ofvehicles"building access
or storage.
2. Be provided with flood openings which shall meet the
following criteria:
2.1. There shall be a minimum of two openings on
dif-ferent sides of each . enclosed area; if a
building has more than one enclosed area be-
low the design flood elevation, each area
shall have openings on exterior walls.
2.2. The total net area of all openings shall be at
least 1 square inch for each square foot (275
mm for each square meter) of enc!osed area.
2.3. The bottom of each opening shall be 1 foot
(305 mm) or less above the adjacent ground-
level.
2.4. Openings shall be at least 3 inches (76 mm) in
diameter.
2.5. Any lolivers, screens or other opening covers
shall allow the automatic flow of floodwaters
into and out of the enclosed area.
2.6. Openings installed in doors and windows,
that meet requirements 2.1 through 2.5, are
accept-able; however, doors and windows
without installed openings do not meet the re-
quirements of this section.
2003 INTERNATIONAL RESIDENTIAL CODE(!!
( BUILDING PLANNING
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R323.2.3 Foundation design and construction. Founda-
tion walls for all buildings and structures erected in flood
hazard areas shall meet the requirements of Chapter 4.
Exception: Unless designed in accordance with Section
404:
1. The unsupported heightof6 inches(152 mm) plain
masonry walls shall be no greater than 3 feet (914
mm).
2. The unsupported heightof8 inches(203 mm) plain
masonry walls shall be no greater than 4 feet (1219
mm).
3. The unsupported height of 8 inches (203 mm) rein-
forced masonry walls shall be no greater than 8 feet
(2438 mm).
For the purpose of this exception, unsupported height is
the distance from the finished grade of the under-floor space
and the top of the wall.
R323.3 Coastal high-hazard areas (including V Zones).
Areas that have been determined to be subject to wave heights
in excess of 3 feet (914 mm) or subject to high velocity wave
action or wave-induced erosion shall be designated as coastal
high-hazard ar ~as. All buildings and structures erected in
coastal high-hazard areas shall be designed and constructed in
accordance with Sections R323.3.l through R323.3.6.
R323.3.1 Location and site preparation.
1. Buildings and structures shall be located landward of
the reach of mean high tide.
2. For any alteration of sand dunes and mangrove stands
the building official shall require submission of an en-
gineering analysis which demonstrates that the pro-
posed alteration will not increase the potential for
flood damage.
R323.3.2 Elevation requirements.
1. All buildings and structures erected within coastal
high hazard areas shall be elevated so that the lowest
portion of all structural members supporting the low-
est floor, with the exception of mat or raft foundations,
piling, pile caps, columns, grade beams and bracing,
is located at or above the design flood elevation.
2. Basement floors that are below grade on all sides are
prohibited ..
3. The use of fill for structural support is prohibiled.
4. The placement offill beneath buildings and structures
is prohibited.
Exception: Walls and partitions enclosing areas below
the design flood elevation shall meet the requirements of
Sections R323.3.4 and R323.3.5.
R323.3.3 Foundations. All buildings and structures erected
in coastal high hazard are'as shall be supported on pilings or
columns and shall be adequately anchored to such pilings or
columns. Piling shall have adequate soil penetrations to re-
sist the combined wave and wind loads (lateral and uplift).
Water loading values used shall be those associated with the
design flood. Wind loading values shall be those required by
this code. Pile embedment shall include consideration of
59
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BUILDING PLANNING (
decreased resistance capacity caused by scour of soil strata
surrounding the piling. Pile systems design and installation
shall be certified in accordance with Section R323.3.6. Mat,
raft or other foundations that support columns shall not be
permitted where soil investigations that are required in ac-
cordance with Section R401.4 indicate that soil material un-
(Jer the mat, raft or other foundation is subject to scour or ero-
sion from wave-velocity flow conditions.
R323.3.4 Walls below design nood elevation. Walls and
partitions are permitted below the elevated floor, provided
that such walls and partitions a re not part of the structural
support of the building or structure and:
1. Electrical, mechanical, and plumbing system compo ·
nents are not to be mounted on or penetrate through
walls that are designed to break away under flood
loads, and
2 . Are constructed with insect screening or open lattice,
or;
3. Are designed to break away or collapse without caus-
ing collapse, displacement or other structural damage
to the elevated portion of the building or supporting
foundation system. Such walls, framing and connec-
tions shall have a design safe loading resistance of not
less than 10 (0.48 kN/m2) and no more than 20 pounds
per square foot (0.96 kN/m2); or
4. Where wind loading values of this code exceed 20
pounds per square foot (0.96 kN/m2), the construction
documents shall include documentation prepared and
sealed by a registered design professional that:
4.1. The walls and partitions below the design
flood elevation have been designed to col -
lapse from a water load less than that which
would occur during the design flood.
4.2. The elevated portion of t11e building and sup-
porting foundation system have been de-
signed to withstand the effects of wind and
flood loads acting simultaneoµsly on all
building components (structural and non-
structural). Water lo ading values used shall
be those associated with the design flood.
Wind loading values shall be those required
by this code.
R323.3.5 Enclosed areas below design Hood elevation.
Enclosed areas below the design flood elevation shall be
used solely for parking of vehicles, building access or stor-
age.
R323.3.6 Construction documents. The construction doc-
uments shall include documentation that is prepared and
sealed by a registered design professional that the design and
methods of construction to be used meet the applicable crite-
ria of this section.
60
(
2003 INTERNATIONAL RESIDENTIAL CODE•
c
Space Above This Line For Recording Data
DEED OF TRUST
(With Future Advance Clausel
DATE AND PARTIES. The date of this Deed Of Trust (Security lnstrumentl is February 15, 2008. The parties
and their addresses are:
GRANTOR:
KEITH E. MARLOW
107 Primrose Road
Carbondale, ,<;olor~do . 81623
MICHELLE R. MARLOW
1 07 Primrose Road
Carbondale, Colorado B 1623
TRUSTEE:
PUBLIC TRUSTEE OF GARFIELD COUNTY, COLORADO
LENDER:
AMERICAN NATIONAL BANK
Organized and existing under the laws of Colorado
409 Dolores Way
Carbondale, Colorado 81623
1. CONVEYANCE. For good and valuable consideration, the receipt and sufficiency of which is acknowledged,
end to secure the Secured Debts and Grantor's performance under this Security Instrument, Grentor irrevocably
grants, conveys and sells to Trustae, In trust for the benefit of Lender, with power of sale, the following
described propeny:
LOT A6
ASPEN GLEN
FILING NO . 1
ACCORDING TO THE PLAT THEREOF RECORDED APRIL 6, 1995
AS RECEPTION NO. #476330
AND AS AMMENDED IN INSTRUMENT RECORDED JANUARY 28, 2003 AT RECEPTION NO . #619494
COUNTY OF GARFIELD
STATE OF COLORADO
The propeny is located in Garfield County et 372 River's Bend Road, Carbondale, Colorado 81623 .
Together with ell rights, eesements, appurtenances, royalties, mineral rights, oil and ges rights, ell water end
riparian rights, wells, ditches end water stock and all existing and future improvements, structures, fixtures, end
replacements that mey now, or at any time in the future, be part of the real estate described {all referred to as
Propeny). This Security Instrument will remain in effect until the Secured Debts and all underlying egreements
have been terminated in writing by lender.
2. MAXIMUM OBLIGATION LIMIT. The total principal amount secured by this Security Instrument at any one
time will not exceed $600,000.00 . This limitation of amount does not include interest and other fees end
charges validly mada pursuant to this Security Instrument. Also, this limitation does not apply to advances
made under the ter ms of this Security Instrument to protect Lender's sacurity and to perform any of the
covenents conteined in this Security Instrument.
3. SECURED DEBTS. The term "Secured Debts" includes and this Security Instrument will secure each of the
following!
A. Specific Debts. The following debts and all extensions, ranewals, refinancings, modifications end
replacements. A promissory note or other agreement. No. 4376164601, deted February 16, 2008, from
Grantor to Lender, with 11 loan amount of $600,000.00. One or more of the debts secured by this Security
Instrument conteins 11 future edvance provision.
B. Sums Advanced . All sums advanced and expenses Incurred by Lender under the terms of this Security
Instrument.
4. PAYMENTS. Grantor egrees that all payments under the Secured Debts will be paid when due nd In
11ccord1mce with the terms of the Secured Debts and this Security Instrument.
Kohh E. Mo.tow
Color1do Deed 01 TN01
C0140<1ynold00Clt130000058B301302140BY
s
c c
6. WARRANTY OF TITLE. Grantor warrants that Grantor is or will be lawfully seized of the estate conv~yed by
this Security Instrument and hes the right to Irrevocably grant, convey and sell the Property to Trust1111, WI trust,
with power of sale. Grantor also warrants that the Property is unencumbered, except for encumbrances of
record.
6. PRIOR SECURITY INTERESTS. With regard to any other mongage, dead of trust, security agreement or
other lien document that created e prior security interest or encumbrance on the Property, Grantor agrees:
A. To make ell paym11nu when due and to perform or comply with ell covenants .
e. To promptly deliver to Lender any notices that Granter receives from the holder.
c. Not to allow any modification or extension of, nor to request any future edvancoe under any note or
agreement secured by the lien document without Lender's prior written consent.
7. CLAIMS AGAINST TITLE. Grantor will pay an taxes, assessments, liens, encumbrances, leasa payments,
ground rents, utilities, and other char'g11s relating to the Property when due. Lender may .requi~e Grantor ~o
provide to Lender copies of all notices that such a.mounts are due and the ~eceipts ev!dencmg. Granto~ s
payment. Grantor will defend title to the Property against any claims that would impair the hen of this Security
Instrument. Grantor 11gr111s to assign to Lender, as requested by Lender, any rights, claims or defenses Grantor
may have against parties who supply labor or materials to maintain or Improve the Property.
8. DUE ON SALE OR ENCUMBRANCE. Lender may, at its option, declare the entire balance of the Secured
Debt to be immediately due and payable upon the creation of, or contract for the creation of, any lien,
encumbrance, transfer or sale of all or any pan of the Property. This right is subject to the restrictions Imposed
by federal law 112 C.F.R . 6911, as applicable.
9. WARRANTIES AND REPRESENTATIONS. Grentor has the right and authority to enter Into this Security
Instrument. The execution and dallvary of this Security Instrument will not violate any agreement governing
Grantor or to which Grantor Is a party.
10. PROPERTY CONDITION, ALTERATIONS AND INSPECTION. Granter wlli keep the Property in good
condition and make all repairs that are reasonably necessa,Y. Granter will not commit or allow any waste,
Impairment, or deterioration of the Property . Granter wiH keep the Property free of noxious weeds and grasses.
Granter agrees that the nature of the occupancy and use will not substantially change without Lender's prior
written consent. Granter wiU not permit any change in eny license, restrictive covenant or easement without
Lender's prior written consent. Granter will notify Lender of all demands, proceedings, claims, and actions
against Grantor, and of any loss or damage to the Proparty.
Lender or Lender's agents may, et Lender's option, enter the Property at any reasonable time for the purpose of
inspecting the Property . Lender win give Grantor notice at tha time of or before an Inspection specifying a
reasonable purpose for the inspection. Any Inspection of the Property will be entirely for Lender's benefit end
Granter will In no way rely on Lender'• inspection.
11. AUTHORITY TO PERFORM. If Grentor falls to perform any duty or any of the covenants contained in this
Security Instrument, Lender may, without notice, perform or cause them to be performed. Grantor appoints
Lender as attorney in fact to sign Grantor's name or pay any amount necessary for performance. Lender's right
to perform for Granter will not create an obligation to perform, and Lender's failure to perform will not preclude
Lender from exercising any of Lender's other rights under the law or this Security Instrument. If any
construction on the Property la discontinued or not carried on in a raasonable manner, Lander may take all steps
necessary to protect Lender 's security Interest In the Property, including completion of the construction.
12. ASSIGNMENT OF LEASES AND RENTS. Grantor irrevocably assigns, grants, conveys to Lender as
additional security all the right, title and interest in the following !Property): existing or future leases, subleases,
licenses, guaranties and any other written or verbal agreements for the usa and occupancy of the Property,
including any extensions, renewals, modifications or replacemants ll.easesl; and rents, issues and profits
(Rants). In the event any Item listed es Leases or Rents is detarmlned to be personal property, this Assignment
will also be regarded as a security agreement. Granter will promptly provide lander with copies of the Leases
and will certify these Leases are true and correct copies, The existing Leases will be provided on execution of
the Assignment, end all future Leasas and any other Information with respect to thasa Leases will be provided
immediately aher they are executed. Grantor may collect, receive, enjoy and ihe Rents so long as Granter
Is not In default. Upon default, Grantor will receive any Rents i!l ,..trila!.J' 11nd11r and Grantor will not
commingle the Rents with any other funds. Grantor agrees that this ~Sil: i Instrument is immediately
effective b11twe11n Granter and Lender. This Security Instrument. Wiil"ramain affective during any statutory
redemption period until the Secured Debts ere satisfied. As long as this Assignment is In effect, Grantor
warrants and represents that no default exists under the Leases, and the parties subject to the Leases have not
violated any applicable law on leases, licenses and landlords and tenents.
13. DEFAULT. Grantor will be in default if any of the following occur:
A. Payments. Grantor fella to make a payment in full when due .
B. Insolvency or Bankruptcy. The death, dissolution or insolvency of, appointment of a receiver by or on
behalf of, application of any debtor relief law, the assignmant for the benefit of creditors by or on behalf of,
the voluntary or involuntary termination of existence by, or the commencement of any proceeding under any
present or future federal or state insolvency, bankruptcy, reorgenizetlon, composition or debtor relief law by
or against Grantor, Borrower, or any co-signer, endoraer, surety or guarantor of this Security Instrument or
any other obligations Borrower has with Lender.
c. Oeeth or Incompetency. Granter dies or Is declared legally incompetent. ~
Keith E. Matlow
Calondo -01 TNSI
C0/41r1ynald00De3000005813013021408V
INI W.. fUMIAHH,l~U'lf,~..,(,fft'(M\ llfl.lilrfl! ~1~ 11111
:.i•,W,~Jl1"lfi.l:,3~tl,. Jean Alborlco
3 or s Rec Fee 1s2l.oo Dao, .. ,, ae GAlltl'I Q..D COUNTY co
c
D. F11Uur• to Perform. Grantor falls to perform any condition or to k1111p any promise or covenant of this
Security Instrument.
E. Other Documents. A defllult occurs under tho terms ~f any other document relatlng to the Secured . ~ . ~ ~ .. .
Debts.
F. Other Agreements. Granter Is in default on any other debt or agreement Grantor has with Lender.
G. Misrepresentation. Grantor makes any verbal or written statement or provides any financial Information
that is unuuo, inaccurate, or conceals 11 materhil fact at the timo it is made or provided.
H. Judgment. Grantor feils to satisfy or appeal llny judgment against Granter.
I. Forfeiture. The Property is used In a manner or for 11 purpose that thrutans confiscation by a lagel
authority.
J, Name Change. Granter chllngos Grantor's name or llssumes lln additional name without notifying Lender
before maklng such 11 change.
K. Property Transfer. Granter tronsfars all or a substantial part of Grantor's monoy or property. This
condition of default, as it relates to the transfer of the Property, Is subject to the restrictions contained in tho
DUE ON SALE section.
L. Property V11lua. Lander determines in good faith thet the value of the Property has declined or is impeired,
M. lnHcurlty. Lendor determines in good faith that 11 material adversa change has occurred in Grantor's
financial condition from the conditions sot forth in Grantor's most recent financial statomant before tho date
of this Security Instrument or that tha prospect for payment or performance of the Secured Debts is Impaired
for any reason.
14. REMEDIES. On or aftor default, Lender may use any and all remedies Lender has under state or federal law
or in any document relating to the Secured Debts, including, without limitation, the power to sell the Property or
foreclose on installments without acceleration . Any amounts advanced on Grantor's behalf will be immediately
due and may be added to the balance owing under the Secured Debts. Lender may nialte a claim for any end ell
insurance benefits or rotunds that may be available on Grantor's default. ' •
Subject to any right to curo, required time schedules or any other notice rights Grantor may have under federal
and state law, Lender m11y make all or any part of the amount owing by the terms of the Secured Debts
immediately due and foreclose this Security Instrument ln a manner provided by law upon the occurrence of
Grantor's default or anytime thereafter.
If there is a default, Trustee will, ln addition to any other permitted remedy, at the request of tho Lender,
advertise and sell the Property as a whole or in separate parcels at public auction to the highest bidder for cash.
Trustee will give notice of sale including the timo , terms and place of sale and a description of the Property to
be sold as required by the epplicable law in effect at the time of the proposed sela.
Upon the sale of the Property, to the extent not prohibited by law, end at such time purchaser is legafty entitled
to ft, Trustee shall make and deliver a deed to tho Property sold which conveys title to the purchaser, and after
first paying ell fees, charges and costs, shall pay to Lender all monies advanced for repairs, taxes, insurance
liens, assessments and prior encumbrances and interest thereon, end the principel and interest on the Secured
Debt, paying the surplus, if any, to persons legally entitled to it. Lander may purchase the Property . The
recitals in any deed of conveyance shall be prjma facie evidence of tho facts set forth therein .
All remedies aro distinct, cumulative and not exclusive, and the Lendor is entitled to all remedies provided et h11w
or equity, whether or not expressly set forth. The .acceptance by Lender of any sum in payment or partial
payment on the Secured Debts after the behmca is due or is 11ccaler11ted or after foreclosure proceedings are
filed will not constitute a waiver of Lender's right to require fun and complete cure of any existing default. By
not exercising any remedy, Lendor does not waive Lender's fiGht to lator consider the event a default if it
continues or happens again.
15. COLLECTION EXPENSES AND ATTORNEYS' FEES. On or after Default, to the extant permitted by law,
Granter agrees to pay all expenses of collection, enforcement or protection of Lander's rights and remedies
under this Security Instrument or eny other document relating to the Secured Debts. Grantor 111grees to pay
expenses for Lender to inspect and preserve the Property and for any recordation costs of releasing the Property
from this Security Instrument. Expanses include, but era not limited to, reasonable attorneys' fees not Jn
excess of 16 percent of the unpaid debt after default end referral to an attorney who is not e salaried employee
of the Lender or such additional fee as may be awarded by the court. These expenses ere due and payable
immediately. If not paid Immediately, these expenses will bear interest from the date of payment until paid In
full at the highest interest rate ln effect as provided for in the terms of the Secured Debts. In addition, to the
extant permitted by tho United States Bankruptcy Code, Grantor 11gr11es to pay tho reasonable attorneys' fees
incurred by Lender to protect Lender's rights and interests in connection with eny bankruptcy proceedings
initiated by or against Grantor.
16. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES. As usod in this section, 111 Environmental
Law means, without limitation. the Comprehensive Environmental Response, Compensation and Liability Act
ICERCLA, 42 U.S.C. 9601 at seq.), all other federal, state and local laws, regulations, ordinances, court orders,
attorney general opinions or interpretive letters .concerning the public health, safety, welfare, environment or a
ha~ardous substance; and (21 Hazardous Substance means any toxic, radioactive or hazardous materiel, waste,
pollutant or contaminant whlch has characteristics which rend111 the substance dangerous or potentially
dangerous to tha public haalth, safety, welfare or anvironrn~nt. The term includes, without limitation, 11riy
substances definad as "hazardous material,. "toxic substance." "hazardous waste." • hazardous substance,"
"regulated substance" under any Environmental Law.
Ko111lE."'*'°w
Colcndo Doed Of TIUOt
C:0/40NV"oldOOOISDOOD0599301:S~1401V •19ee llankora •vot•rn•. Inc., Bt. Cloud, MN ~
c (
Granter represent:s, warrants and agrees that:
A. Except 115 previously disclosed and acknowledged In writing t? ~ender, no Hazardous Substance ls. ~r will
be located, stored or releHed on or in the Property. This restric:tion does not epply to smell ~uanuuas of
Hazardous Substances that are generally recognized to ba appropriate for the normal use and me1nten11nc11 of
the Property.
e. Except as previously disclosed and acknowledged In writing to Lender, Grentor and every tenant have
bean, are, and will remain In full compliance with any applicable Environmental Law .
c . Grantor will immediately notify Lander if a rele11se or threatened release of a H11z11rdo~s Subst11nce occurs
on, under or about the Property or there is 11 violation of any Environmental Law concerning the Property. In
such 11n event, Grantor will take ell necessary remedial action in accordance with any Environmental law.
D. Grantor will immadiately notify Lender in writing as soon as Grantor has raason to believe there ls any
pending or thr1111tened Investigation, claim, or procaading relating to the release or threatened release of any
Hazardous Substance or the violation of any Environmental Law.
17 . CONDEMNATION . Grantor will give Lander prompt notice of any pending or threatened action by private or
public entities to purchase or take any or eU of the Property through condemnation, eminent domain, or any
other means. Grantor authorizes Lender to intervene In Grantor's name In any of the above described actions or
claims. Grantor usigns to Lender the PfOceads of any award or claim for damages connected with a
condemnation or other taking of all or any part of the Property. Such proceeds will be considered payments and
will be applied as provided In this Security Instrument. This assignment of proceeds l:s subject to the term:s of
any prior mortgage, deed of trust, security agreement or other lien document.
18. ESCROW FOR TAXES AND INSURANCE . Grantor will not be required to pay to Lender funds for taxes and
insurance in escrow.
19. CO-SIGNERS . If Grentor :signs this Security Instrument but is not otherwise obligated to pay the Secured
Debts, Granter does so only to convey Grantor's interest In the Property to secure payment of the Secured
Debts end Grantor does not agree by signing this Security ln:strument to be personally liable on the Secured
Debts. If this Security Instrument :secures 11 gu11renty between Lender and Grantor, Grantor agrees to waive any
rights that may prevent Lender from bringing any action or claim against Grentor or any party indebted under
the obligation. These rights may include, but are not limited to, any anti-deficiency or one-action laws.
20. WAIVERS . Except to the extent prohibited by law, Grantor waives all appraisement and homestead
exemption rights relating to the Property.
21. APPLICABLE LAW. This Security Instrument Is governed by the laws of Colon1do, the United States of
America, and to the extent required, by the laws of the juri:sdiction where the Property Is located, except to the
extent such state laws are preempted by federal law.
22. JOINT AND INDIVIDUAL LIABILITY AND SUCCESSORS. Each Grantor's obligations under this Security
Instrument are Independent of the obligations of any other Granter. Lender may sue each Grantor Individually or
together with any other Granter. Lender may release any part of the Property and Grantor will atiH be obligated
under thi:s Security Instrument for tho remaining Property. If this Security Instrument secures a guaranty
between Lender and Grantor, Grentor egress to waive eny rights that may prevent Lender from bringing any
action or claim ag11lnst Grantor or any party indebted under the obligation. These rights may include, but are
not limited to, any enti·deficiency or one-action laws. Granter agrees that Le nder and any party to this Security
Instrument may extend, modify or make any change in the terms of this Security Instrument or any evidence of
debt without Grantor':s consent. Such a change will not release Granter from the term:s of this Security
Instrument. The duties and benefits of this Security Instrument will bind and benefit the successors and Hslgns
of Lender and Granter.
23. AMENDMENT, INTEGRATION AND SEVERABILITY. Thia Security Instrument l'TlllY not be amended or
modified by oral agreement. No amendment or modificetlon of this Security ln:strument Is effective unless made
in writing and executed by Grentor and Lender . This Security Instrument and any other documents relating to
the Secured Debts are the complete end final expression of the agreement. If any provis ion of this Security
Instrument is unenforceable, then the unenforceable provision will be severed end the remaining provisions wUI
still be enforceable.
24. INTERPRETATION. Whenever used, the singular includes the plural and the plural Includes the singular.
The section headings are for convenience only and are not to be used to Interpret or define the terms of this
Security Instrument.
26. NOTICE, FINANCIAL REPORTS, ADDITIONAL DOCUMENTS AND RECORDING TAXES. Unless otherwise
required by l11w, any notice will be given by delivering It or malling It by first class mall to the approprl11te
p11rty's address listed in the DATE AND PARTIES section, or to any other address designated in writing. Notice
to one Grentor will be deemed to be notice to all Grsntors. Grantor will Inform Lender in writing of any change
in Grantor's name, addren or other application information. Granter will provide Lander any financial
statemenu or Information Lender requests. All financial statements and information Grantor gi ves Lender will
be correct and complete. Gr11ntor agrees to pay all expenses, charges and texe:s In connection with the
preparation and recording of this Security Instrument. Granter agrees to sign, deliver, and file any additional
documents or certifications that Lender may consider necessary to perfect, continue, and preserve Grantor's
obligations under this Security ln:strument and to confirm Lander's lien status on any Property, and Granter
agrees to pay all expenses, charges and taxes In connection with the preparation end recording thereof, Time
of the essence.
Koi111E.~
Colondo Off4 or Tnaot
C0/4aniynald00De3000001913013021408Y
( (
SIGNATURES. By signing, Grantor agrees to the terms end covenants contained In this Security lnsuumant.
Grantor also acknowledges receipt of a copy of this Security Instrument.
LENDER: AmMio~j
By '1 tM£c
KetteneSChWOOferTommerchd Banker II -Vice Pre&ldent
ACKNOWLEDGMENT.
Undlvlduall
slo:te. oF Cntora.do . C,w~
This instrument was acknowledged before m~71s
by Keith E. Marlow , and Michelle R. Marlow .
My commission expires:
OF G-o.r(idcl ss, .
f51h dav ot February
(lender Acknowledgment)
stare OF Colorado . Coun,~ OF GarflelcL SS.
This instrument was acknowledged before me this ls-ti' day of Febrz..uH:'.11 , ~8
by Kathlene Schwoerer -Commercial Banker II -Vice President of American National Bank, a corporation, on
behalf of the corporation.
My commission expires:
Kollll ~-Mo ~ow
Calon1do 0Hd 01 TNlll
C01'oqyftO!dOOoe3000005H3013Q2 t•OCY •1ett1 -~ lylt""'•· Inc., 6t. Cloud, MN ~
REPLY TO
ATIENTIONOF
DEPARTMENT OF THE ARMY
U.S. ARMY ENGINEER DISTRICT, SACRAMENTO
CORPS OF ENGINEERS
COLORADO WEST REGULATORY BRANCH
400 ROOD AVENUE, ROOM 142
GRAND JUNCTION, COLORADO 81501-2563
September 26, 2008
Regulatory Division (SPK-2008 -01341 -CW)
Mr. Keith Marlow
I 07 Primrose Road
Carbondale, Colorado 81623
Dear Mr. Marlow:
REC EIVE D
OCT 0 1 2006
GARFIELD CO.l)t)!Jo/
BUILDING & PJ.A~Of)I§
We are responding to your August 21, 2008, request for a Department of the Army permit
for the Marlow residence riverbank stabilization project. This approximately 120-foot rock wall
project involves activities in waters of the United States to construct a riverbank protection wall.
The project site is located in the Aspen Glen Subdivision at the Roaring Fork River within Section
29, Township 7 South, Range 88 West, Garfield County, Colorado.
Based on the information you provided, the proposed activity of a 120-foot long by 4-foot
high rock wall is authorized by Nationwide General permit (NWP) number 13 . Your work must
comply with the general tenns and conditions listed on the enclosed NWP information sheets and
the following special conditions:
I. To document pre -and post-project construction conditions, you shall submit pre-and
post-construction photos of the project site within 30 days after project completion.
2. You shall plant and maintain regionally appropriate native riparian trees and shrubs along
the affected reach of the Roaring Fork River, to mitigate project impacts to the aquatic resource and
associated habitat. Willows, alders, and/or cottonwoods shall be planted to shade the entire stream
reach along the proposed stabilizing wall area.
3. You must sign the enclosed Compliance Certification and return it to this office within
30 days after completion of the authorized work.
This verification is valid for two years from the date of this letter or until the NWP is
modified, reissued, or revoked, whichever comes first. Failure to comply with the General
Conditions of this NWP, or the project-specific Special Conditions of this authorization, may result
in the suspension or revocation of your authorization.
\
June 09, 2008
REC EJV £T
JUN 1 0 200 ti
GARFlt:Lu vi,,,
BUILDING & PLANN1 ~
Mr. Craig Richardson
Garfield County Planning
108 gth Street, Suite 401
Glenwood Springs, CO 8160 I
MOUNTl\IN CR05S
fN61NffRIN6, INC.
CI VIL AND ENVI RONMENTAL (ONSULTING AND DESIGN
RE: Review of Floodplain Development Permit for Keith and Michelle Marlow
Dear Craig:
A review has been performed of the documents for the Floodplain Development Permit for Keith and
Michelle Marlow. The package was found to be thorough and well organized. The following is the
only comment that was generated:
• Since the residence has not yet been constructed, a condition of approval would be in order to
verify that the building is constructed to the elevations specified. This condition could be
satisfied by the completion of another elevation certificate of the as-built elevation after the
building is constructed.
Feel free to call if any of the above needs clarification or if you have any questions or comments.
826 1 /2 Grand Avenue • Glenwood Springs, CO 81601
PH: 970.945.5544 • FAX: 970.945.5558 • www.mountaincross-eng.com