HomeMy WebLinkAbout1.0 ApplicationGARFIELD COUNTY Building & Planning Department 108 8th Street, Suite 201 Glenwood Springs, Colorado 81601 Telephone: 970.945.8212 Facsimile: 970.384.3470 www.garfield-countv.com Special Use Permit GENERAL INFORMATION (To be completed by the applicant.) > Street Address / General Location of Property: - s / C' -';-r' Z /J 7 Legal Description: r•.. -;r. ' /Cer, ri:>4.:41, . ,,'.-a Y Existing Use & Size of Property in acres: ./610-. 'kis Y4 is r-nk, ➢ Description of Special Use Requested: %(; ^, s ',r 42it..1,c„1..K1 r',::rr®P \ `l,savej 4./ tAk t,..\ > Zone District: , D Name of Property Owner (Applicant): o ..mo S -sacs ,tee .66 V.K.:- J !. ""a D Address: O4!, / c_;(14,-41-90-. t;,_. P, baa- � Telephone: 9 e 6 •— !a6®- D City: (44...,, .4I.af � :,..r`;e,ea •{ 1. State: <:" Zip Code: 60/ FAX: 9A; kt ➢ Name of Owner's Representative, if any (Attorney, Planner, etc): /'7j1 // jr ) 'oafs .4: jr Jir..if.�.:.�1 D. Address: `�/iS fd .09.11r., / c e'_ Telephone: -: --6 :. 1.a D. City: 60/.F6i,=.le-.;:4 : `,%r�ew4;4 2 State: l: Zip Code::.:: ( / FAX: 94-(:;-- STAFF USE ONLY D Doc. No.: Date Submitted: TC Date: D Planner: Hearing Date: IIANNING I. APPLICATION SUBMITTAL REQUIREMENTS 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 Special Use requested. Submit plans and supporting information (i.e. letters from responsible agencies). Include specifications for the proposed use including, but not limited to, the hours of operation, the number and type of vehicles accessing the site on a daily, weekly and/or monthly basis, and the size and location of any existing and/or proposed structures that will be used in conjunction with the proposed use, and provisions for electric power service and any other proposed utility improvements. Be specific. 2. If you will be using water or will be treating wastewater in conjunction with the proposed use, please detail the amount of water that would be used and the type of wastewater treatment. If you will be utilizing well water, please attach a copy of the appropriate well permit and any other legal water supply information, including a water allotment contract or an approved water augmentation plan to demonstrate that you have legal and adequate water for the proposed use. 3. 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 County or State roadways within one (1) mile of your property. If you are proposing a new or expanded access onto a County or State roadway, submit a driveway or highway access permit. 4. Submit a vicinity map showing slope / topography of your property, for which a U.S.G.S. 1:24,000 scale quadrangle map will suffice. 5. Submit a copy of the appropriate portion of a Garfield County Assessor's Map showing all the subject property and public and private landowners adjacent to your property (which should be delineated). In addition, submit a list of all property owners, public and private landowners and their addresses adjacent to or within 200 ft. of the site. This information can be obtained from the Assessor's Office. We will also need the names (if applicable) of all mineral right owners of the subject property. (That information can be found in your title policy under Exceptions to Title). 6. Submit a copy of the deed and a legal description of the subject property. 7. 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. 8. Submit an statement that specifically responds to each of the following criteria from Section 5.03 of the Zoning Regulations: (1) Utilities adequate to provide water and sanitation service based on accepted engineering standards and approved by the Board of County Commissioners shall either be in place or shall be constructed in conjunction with the proposed use. (2) Street improvements adequate to accommodate traffic volume generated by the proposed use and to provide safe, convenient access to the use shall either be in place or shall be constructed in conjunction with the proposed use; (3) Design of the proposed use is organized to minimize impact on and from adjacent uses of land through installation of screen fences or landscape materials on the periphery of the lot and by location of intensively utilized areas, access points, lighting and signs in such a manner as to protect established neighborhood character; 9. Depending on the type of Special Use Permit requested, you may need to respond to additional review standards in the Garfield County Zoning Resolution Section 5.00 [Supplementary Regulations]. This may include uses such industrial uses [section 5.03.07 & 5.03.08], Accessory Dwelling Units [section 5.03.21], Utility line/Utility Substations, etc. Specific sections of the Zoning Resolution which can be located on the Garfield County web site at http://www.garfield-county.com/buildinq and planningfindex.htm, or information can be obtained from this office 10. A $400.00 Base Fee: Applicant shall sign the "Agreement for Payment" form and provide the fee with the application. 11. 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 Special Use Permit application has been deemed technically complete. II. PROCEDURAL REQUIREMENTS (The following steps outline how the Special Use Permit Application review process works in Garfield County.) 1. Submit this completed application form, base fee, and all supplemental information to the Garfield County Planning Department. It will be received and given to a Staff Planner who will review the application for technical completeness. 2. Once the application is deemed technically complete, the Staff Planner will send you a letter indicating the application is complete. In addition, Staff will also send you a "Public Notice Form(s)" indicating the time and date of your hearing before the Board of County Commissioners. Prior to the public hearing, Staff will provide you with a Staff Memorandum regarding your requested Special Use. (If Staff determines you application to be deficient, a letter will be sent to you indicating that additional information is needed to deem your application complete.) 3. It is solely the Applicant's responsibility to ensure proper noticing occurs regarding the requested Special Use and the public hearing. If proper notice has not occurred, the public hearing will not occur. Notice requirements are as follows: a. Notice by publication, including the name of the applicant, description of the subject lot, a description of the proposed special use and nature of the hearing, and the date, time and place for the hearing shall be given once in a newspaper of general circulation in that portion of the County in which the subject property is located at least thirty (30) but not more than sixty (60) days prior to the date of such hearing, and proof of publication shall be presented at hearing by the applicant. b. Notice by mail, containing information as described under paragraph (1) above, shall be mailed to all owners of record as shown in the County Assessor's Office of lots within two hundred feet (200') of the subject lot and to all owners of mineral interest in the subject property at least thirty (30) but not more than sixty (60) days prior to such hearing time by certified return receipt mail, and receipts shall be presented at the hearing by the applicant. c. The site shall be posted such that the notice is clearly and conspicuously visible from a public right-of-way, with notice signs provided by the Planning Department. The posting must take place at least thirty (30) but not more than sixty (60) days prior to the hearing date and is the sole responsibility of the applicant to post the notice, and ensure that it remains posted until and during the date of the hearing. 4. The Applicant is required to appear before the Board of County Commissioners at the time and date of the public hearing at which time the Board will consider the request. In addition, the Applicant shall provide proof, at the hearing, that proper notice was provided. 5. Once the Board makes a decision regarding the Special Use request, Staff will provide the Applicant with a signed resolution memorializing the action taken by the Board. Following the Board's approval, this office will issue the Special Use Permit to the applicant. If the Board's approval includes specific conditions of approval to be met, this office will not issue the Official Special Use Permit certificate until the applicant has satisfied all conditions of approval. The Special Use Permit approval is not finalized until this office has issued the Official Special Use Permit certificate signed by the Chairman of the Board of County Commissioners. I have read the statements above and have provided the required attached information which is correct and accurate to the best of my knowledge. (Signature of pliant/o erl Last Revised: 07/25/2005 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 Agreement 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. 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 BASE FEE Vacating Public Roads & Rights -of -Way $400 Sketch Plan $325 Preliminary Plan $675 + application agency review fees and outside consultant review fees, as authorized pursuant to the Regulations, such as the Colorado Geologic Survey Final Plat $200 Amended Plat $100 Exemption from the Definition of Subdivision (SB -35) $300 Land Use Permits (Special Use/Conditional Use Permits) • Administrative/no public hearing $250 • Board Public Hearing only $400 • Planning Commission and Board review & hearing $525 Zoning Amendments • Zone District map amendment $450 • Zone District text amendment $300 • Zone District map & text amendment $500 • PUD Zone District & Text Amendment $500 • PUD Zone District Text Amendment $500 Board of Adjustment ■ Variance $250 • Interpretation $250 Planning Staff Hourly Rate • Planning Director $50.50 • Senior Planner $40.50 ■ Planning Technician $33.75 • Secretary $30 County Surveyor Review Fee (includes review of Amended Determined by Surveyor$ Plats, Final Plats, Exemption Plats) Mylar Recording Fee $11 — l ' page $10 each additional page Page 2 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 form 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 permit, zoning amendment, or subdivision plan. All additional costs shall be paid to the execution of the written resolution confirming action on the application. 4. Final Plats, Amended or Corrected Plats, Exemption Plats or Permits will not be recorded or issued until all fees have been paid. 5. In the event that the Board determines 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 confirming 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. Page 3 GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT AGREEMENT FOR PAYMENT FORM (Shall be submitted with application) GARFIELD COUNTY (hereinafter COUNTY) and d as ,n:,. (hereinafter APPLICANT) agree as follows: 1. APPLICANT has submitted to COUNTY an application for „.S.-.://04;(... (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 Signature Date: `•� "' o'M Print Name Mailing Address: ) hS7 10/2004 d Lee c. Page 4 SPECIAL USE PERMIT APPLICATION BER ABERGERkili Engineering Garfield County Building & Planning Department 108 8th Street, Suite 201 Glenwood Springs, Colorado 81601 October 24, 2005 Phone (970) 945-8212, Fax (970) 384-3470 Attn: Mr. Mark Bean Re: Request for Special Use Permit, Access Driveway Construction, 4451 County Road 117, 4 - Mile Creek Road, a Glenwood Springs, Colorado Mark: As discussed, I have purchased a parcel of property west of 4 -mile creek just off from County Road 117. We have designed and anticipate construction of an access driveway from the county road across four mile creek for a single family home sites west of the creek. See the plan drawings attached. The property has been studied for about 10 mos. and a single family site design has been submitted and has obtained approval for permits from the county for a Driveway access and Building construction. A wetlands study for the proposed plan has also been conducted and submitted for review (33 CFR Section 330, 29) by the USACOE for a Single Family House(s) of the Nationwide Permit document. The USACOE indicated approval, however, the requirements of General Condition 26 of the Nationwide General Permit program have not been satisfied and that consultation with Mr. Mark Bean, Garfield County Floodplain Administrator to assess if the local floodplain management plans have been satisfied. In accordance with Section 9.0 of the Zoning Resolution a Special Use Permit Application has been prepared. Other agencies have been previously contacted, therefore, enclosed please find: 1. Special Use Permit Application 2. Driveway design and permit request letter; 3. Garfield County Driveway Permit; 4. Letter to USACOE providing Wetlands Study; and 5. Response from USACOE requesting Floodplain Administrators Requirements Building Plans have been submitted to Garfield County,for the 10+ acre property, the owner has been advised that the plans are ready for approval and construction permit. The only remaining issue is determining if the access driveway design satisfies the Floodplain Management Plan for the area. The east drainage overflow ditch backs -up due to beaver dams during high flow rates 11/27/2005 4:01:00 PM C:\Documents and Settings\donber\My Documents\Berger House P]ans14 Mile Ranch\Garfield County Floodplain Admin.doc in the four mile channel, the main channel to the west carries the main flow of the creek. The design has the main channel 100 -yr flood level spanned by a bridge structure that is several feet above the level of flood. The question is, does the design satisfy the Floodplain Management Plan, Section 6.00 Floodplain Regulation of the County Zoning Regulations? The attached design and documents provide the data that clearly indicates no impact should occur to the flood plain or waters of four mile creek. No where will water be restricted or flood levels changed by construction of the driveway or any other structure proposed on the property. We appreciate the time and efforts of the County review staff and look forward to meeting with the Board of County Commissioners for the public hearing and approval of this special use permit. If you have any questions or desire additional information, please do not hesitate to call Donald J. Berger, P.E. at (970) 948-6114. Sincerely, Donald J. Berg r, P.E. 0451 Canyon Cr- > Dr. Glenwood Springs, CO 81601 (970) 948-6114 Cell (970) 945-5333 Off. 11/27/2005 4:01:00 PM C:1Documents and Settings\donber'My Documents\Berger House Plans14 Mile Ranch\Garfield County Floodplain Admin.doc Attachment A APPLICATION SUBMITTAL REQUIREMENTS: 1). The Special Use Permit has been prepared to request driveway access to currently a vacant lot(s) off from Cty Rd 117. To minimize disturbance off the county road two separate lots have agreed to join together and share one access driveway from Cty Rd 117 and across Four Mile Creek. The build able area for both lots is across the creek from the county road. Access will be limited to two single family dwellings with the option of having one ADU per lot in the future. Therefore, the number, types and frequency of vehicle access will be limited to two single family dwellings. Utility access has been discussed with Holy Cross Electric and Kinder Morgan. They recommend that the utilities be placed in the access driveway, using the proposed bridge structure to cross four mile creek well above the 100 -yr flood plain. A transformer box and junction station will be placed on the west side of the creek for branching to the proposed dwellings on each lot. Spring Ridge Subdivision has discussed/requested placing the Bershenyi Springs water supply pipeline within the bridge structure and in the access driveway as well. There existing pipeline is very vulnerable as it is suspended above the creek and meanders around the adjacent lot (Sherick Property). Consolidation of the pipeline into the access driveway will be considered as part of this Special Use Permit for the adjacent community. 2). Well water will be utilized for each lot for the single family dwellings. A septic leach field will be utilized on each of the 6+ acre and 10+ acre lots. A copy of the well permit is attached for the Berger 10+ acre lot. 3). A set of plans specific to the access driveway have been provided (attached). The house and structure details for the proposed house were submitted during the summer of 2004. Driveway permit was approved from the County July 2004, however, access across four mile creek from the USACOE and now Garfield County have put a delay on its use. A copy of the driveway permit is attached. 4). Maps of Property attached. 5). Drawing A0.2 of the attached drawings was submitted by the Title Company to the Garfield County assessor's office. An additional map of the adjacent properties to the south is also provided for additional information. 6). Title paperwork is attached that include the deeds and legal description of the subject property. 7). Owner Submittal 8). Zoning Regulations 8.1) Utilities of water and sanitation will consist of well water from the individual lot(s) and septic with leach -field system for each lot(s). 8.2) Driveway access location has been reviewed in the field with Garfield County Road and Bridge. Traffic Volume will be increased by only several vehicles per day. The access driveway is the basis for the request of this special use permit. 8.3) The driveway access will not impact the character of the neighborhood. The proposed access driveway will provide access to two adjacent lots and will provide an opportunity for the adjacent subdivision to improve the reliability of their drinking water supply system. 11/27/2005 4:01:00 PM C:1Documents and Settings\donber1My Documents\Berger House Plans14 Mile Ranch\Garfield County Floodplain Admin.doc 9.) Special Use Permit — Section 6.00 Floodplain Regulation Section 6.03.02 (1) — Flood Insurance Rate Maps, Garfield County The property was surveyed using the FIRM Control Base Elevation See drawings with sections attached. Section 6.04 — See the Floodplain Map and sections attached. Floodway — Main Channel of Four -Mile Creek will have a bridge that spans and be several feet above the documented (FIRM Map) 100 yr floodplain level Flood Fringe — The east swale on the property will have to be crossed just off from Cty Rd 117. The swale carries water only during high flow rates. The April 23, 2005 spring runoff level was mapped and indicated minor standing water depth (less then 1.5 -ft deep x 3 -ft wide). It is proposed to cross this swale with a 4 -ft diameter CMP culvert and fill section. Section 6.08.01 — USACOE Letter and response is attached. Building Level Design Elevation Certification is attached. The elevations for the site are based upon the FIRM Reference Datum The carrying capacity of the watercourse(s) will not be altered as the bridge will not impact the channel, the culvert will exceed the capacity requirements of the swale flood fringe channel. 11/27/2005 4:01:00 PM C:\Documents and Settings\donber\My Documents\Berger House Plans14 Mile Ranch\Garfield County Floodplain Admin.doc Title Paperwork Well Ownership/Permit Drawings: A 0.0 A0.1 A0.2 A0.3 A0.4 A1.1 A1.2 A1.3 Attachments Title Sheet Site Location Property Legal Description Site Plan & Access Road Layout (R1) Access Road Profile & Sections (R1) Property Layout Plan (R1) House Site Excavation & Grading Plan Utilities Access Layout Plan Floodplain Admin Info Drawings FIRM Map associated with Four -Mile Creek Overlay of FIRM Map on Property FP0.0 Spring (April 23, 2005) High water Level FP1.0 100 -Yr Floodplain Map FP1.1 Floodplain Cross Sections 1 & 2 FP 1.2 Floodplain Cross Sections 3 & 4 FP1.3 Floodplain Cross Sections 5 & 6 FP1.4 Floodplain Cross Section 7 & Culvert Cross Section Garfield County Driveway Permit Correspondence with USACOE Letter to USACOE providing Wetlands Study; and Response from USACOE requesting Floodplain Administrators Requirements Structure Flood Level Survey Certification 11/27/2005 4:01:00 PM C:1Documents and Settingsldonber\My Documents\Berger House Plans14 Mile Ranch\Garfield County Floodplain Admin.doc uwmOW. wmm-.s,a L661428dCg1 499[9.6ro .11 .C845>6 MLGI3NOMd IWI. W'YS WaiucuAvvtL�•lal il9'3ronAv piY Of[6 hotl na se9pf[6 (Cod 9Hb o : i l a oa •aoosvaw w •� �a us •ann anmu resent 'ON1.`5NRl32NI N3 A211N(IOD HOIH bZ I go 'CNN O4JWI'39of NYS 3AIa a •I.aaana rrez 13J1H091-13H 319009 ONY 0A0-11 oaYNmo7',uNnoo a13Id11vo A3AHfSLN3l AOad1Wl teeizesooai u ro.aur t ®e wfWAX � i..vwormanw ulr....uwoeownwviolaua wvs(-mnn vmrre=CM nwpnevoxroiu Ll1 W ra bOeN,ile10 br{•11L YYl3Nbe11r31110..I11 w alnQ Pi -� ` �0 0 LL 4 Z O 4 fl z . O oos .d- 53 O W LJCD 0 ¢ I- De oo 6 O o. L,. vn Q �n OC <� u) W W C J C 3 W ZLi wce a1 O J U• Fes- m LJ - CO Li -C O C- d' LL1 LL! Z I�L1 /- PARCEL OF LAND SITUATED co a 25; Q ▪ 68 W •j1.ro lar w ... 'DNI `9NR733NI9N3A?d1NT1001W1N SN3N2100 ALYBdONd 9YId ALN3dO11d OVOtl 31111 L 13NNOSl13H 31BBO9 4 OAOII IF, Si N U rJg' Q @ o ICV p O: qi' 41 CA ▪ a 3 z. No w. te 0 ¢ tO N CO 1a1O Q O VI 0 D U 0 41 0 K N 0 W Ol }cr N 1 V Z 1 lel ^o 'som O: U 1 — i:; 1 InZ ▪ < :� 1 \ \' w � O -- y w \ \\ U0 / U ,` w < \ 1 o o `� \ DAVID & DAWN SIMPSON N ▪ 1 \ 30 APPLETON PLACE d it / / DOBBS, NY 10522 _ _ __ /,/ . / // JII ( 0V0H 371W I I K • W N CO ZQV 1 W • j U rJ cr 4 z N J 06 41a. U �s° 111 `If Ofla ka lig=� 01••twcn099400017/SD'eMv00ro11911.N099I1)0j O d1SGSV! 4- 0 bf) 1-4 cIJ fa, bI) 0 0 0 LA) http://maps.google.com/ TITLE PAPERWORK Land Title Guarantee Company Date: August 01, 2005 DONALD J. BERGER AND JANIS S. BERGER 0451 CANYON CREEK DRIVE GLENWOOD SPRINGS, CO 81601 Enclosed please find the title insurance policy for your property located at GLENWOOD SPRINGS CO 81601 The following endorsements are included in this policy: Deletion of Standard Exception(s) Endorsement 103.1 Please review this policy in its entirety. In the event that you find any discrepancy, or if you have any questions regarding your final title policy, you may contact Title Department Phone: 970-945-2610 Fax: 970-945-4784 Please refer to our Order No. GW244581 Should you decide to sell the property described in this policy, or if you are required to purchase a new title commitment for mortgage purposes, you may be entitled to a credit toward future title insurance premiums. Land Title Guarantee Company will retain a copy of this policy so we will be able to provide future products and services to you quickly and efficiently. Thank you for giving us the opportunity to serve you. Sincerely, Land Title Guarantee Company Owner's Policy: American Land Title Association Owner's Policy 10 -17 -92 - it* No. SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE * * B AND THE CONDITIONS AND STIPULATIONS, OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, a Minnesota corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title; 4. Lack of a right of access to and from the land. The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided in the Conditions and Stipulations. IN WITNESS WHEREOF, the said Old Republic National Title Insurance Company has caused its corporate name and seal to be hereunto affixed by its duly authorized officers as of the date shown in Schedule A, the policy to be valid when countersigned by an authorized officer or agent of the Company. EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including, but not limited to, building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change inthe dimensions or area of the land or any parcel of which the land is or was a part, or (iv) environmental protection, or the effect of any violation of these•laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior; to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims, or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or creating subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (a) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (b) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (i) to timely record the instrument of transfer; or (ii) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. Issued through the Office of: LAND TITLE GUARANTEE COMPANY 1317 GRAND AVENUE, SUITE 200 GLENWOOD SPRINGS, COLORADO 81601 970/945-2610 970/945-4784 FAX Authorized ignatory ORT Form 402D - ALTA Owner's Policy 10-17-92 OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY A Stock Company 400 Second Avenue South, Minneapolis, Minnesota 55401 (612)371-1111 By Attest President Secretary Q`�0 vf. rPf <I GG Gd4G�s4k Form AO/ORT Our Order No. GW244581 i.'�.rPnlicyNn ITT-1T2445R1 Schedule A Amount $215,000.00 Property Address: GLENWOOD SPRINGS CO 81601 1. Policy Date: March 28, 2005 at 5:00 P.M. 2. Name of Insured: DONALD J. BERGER AND JANIS S. BERGER 3. The estate or interest in the land described or referred to in this Schedule and which is covered by this policy is: A Fee Simple 4. Title to the estate or interest covered by this policy at the date hereof is vested in: DONALD J. BERGER AND JANIS S. BERGER 5. The land referred to in this policy is described as follows: SEE ATTACHED PAGE(S) FOR LEGAL DESCRIPTION This Policy valid only if Schedule B is attached. Land Title Guarantee Company Representing Old Republic National Title Insurance Company 171 Li Policy No. LTHI244581 Form AO/ORT Our Order No. GW244581 Schedule B This policy does not insure against loss or damage by reason of the following: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor, or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 5. TAXES FOR 2005 AND SUBSEQUENT YEARS ONLY, NOT YET DUE AND PAYABLE. 6. DEED OF TRUST DATED MARCH 24, 2005, FROM DONALD J. BERGER AND JANIS S. BERGER TO THE PUBLIC TRUSTEE OF GARFIELD COUNTY FOR THE USE OF BANK OF COLORADO TO SECURE THE SUM OF $104,721.00 RECORDED MARCH 28, 2005, IN BOOK 1673 AT PAGE 721 UNDER RECEPTION NO. 671077. 7. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED MARCH 15, 1907, IN BOOK 56 AT PAGE 575 AND RECORDED APRIL 5, 1923 IN BOOK 73 AT PAGE 152. 8. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED MARCH 15, 1907, IN BOOK 56 AT PAGE 575 AND RECORDED APRIL 5, 1923 IN BOOK 73 AT PAGE 152. 9. RESERVATION OF AN UNDIVIDED ONE-HALF INTEREST IN ALL OIL AND OTHER MINERALS AS RESERVED IN DEED RECORDED JULY 23, 1948 IN BOOK 238 AT PAGE 83. 10. RESERVATION OF 3/4 OF MINERAL RIGHTS AS RESERVED IN DEED RECORDED NOVEMBER 2, 1960 IN BOOK 330 AT PAGE 521, AND PAGE 524. 11. RESERVATION OF ONE-FOURTH INTEREST IN ALL MINERALS AS RESERVED IN DEED RECORDED SEPTEMBER 17, 1955 IN BOOK 287 AT PAGE 374. 12. MAP AND STATEMENT OF THE HAMMERICH PIPELINE RECORDED IN PLAT BOOK 1 UNDER RECEPTION NO. 185306. Form AO/ORT Our Order No. GW244581 Schedule B fLTIG Policy No. LTHI244581 13. EASEMENTS AND RIGHTS OF WAY FOR DITCH AND AXTHELM PIPELINE AS SHOWN ON IMPROVEMENT SURVEY DATED FEBRUARY 5, 2005 PREPARED BY HIGH COUNTRY ENGINEERING. NOTE: WILL BE ENDORSED BY ALTA 103.1. 14. EASEMENTS AND RIGHTS OF WAY FOR FOUR MILE CREEK AS SHOWN ON IMPROVEMENT SURVEY DATED FEBRUARY 7, 2005 PREPARED BY HIGH COUNTRY ENGINEERING. 15. ENCROACHMENT OF FENCELINE ALONG EASTERLY PROPERTY BOUNDARY AS SHOWN ON IMPROVEMENT SURVEY BY HIGH COUNTRY ENGINEERING, INC. DATED FEBRUARY 7, 2005. ITEM NOS. 1 THROUGH 3 OF THE STANDARD EXCEPTIONS ARE HEREBY DELETED. ITEM NO. 4 OF THE STANDARD EXCEPTIONS IS DELETED AS TO ANY LIENS RESULTING FROM WORK OR MATERIAL CONTRACTED FOR OR FURNISHED AT THE REQUEST OF A. LLOYD HEUSCHKEL AND BOBBIE A. HEUSCHKEL AS CO -TRUSTEES OF THE HEUSCHKEL 2003 LIVING TRUST. OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY SHALL HAVE NO LIABILITY FOR ANY LIENS ARISING FROM WORK OR MATERIAL FURNISHED AT THE REQUEST OF DONALD J. BERGER AND JANIS S. BERGER. LAND TITLE GUARANTEE COMPANY ENDORSEMENT 103.1 Case GW244581 Policy LTHI244581 Loan # The Company hereby insures against loss or damage which the Insured shall sustain as a result of any exercise of the right of use or maintenance of the easement referred to in paragraph(s) SEVEN of Schedule B or through said land. The total liability of the Company under said policy and any endorsements therein shall not exceed, in the aggregate, the face amount of said policy and costs which the Company is obligated under the Conditions and Stipulations thereof to pay. This endorsement is made a part of said policy and is subject to the Schedules, Conditions and Stipulations therein, except as modified by the provisions hereof. Representing Old Republic National Title Insurance Company (Continued ;from inside front cover.) information designated as confidential by the insured claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the insured claimant to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in this paragraph shall terminate any liability of the Company under this policy as to that claim. 6. Options to Payor Otherwise Settle Claims; Termination of Liability. In case of a claim under this policy, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Insurance. To pay or tender payment of the amount of insurance under this policy, together with any costs, attorneys' fees and expenses incurred by the insured claimant, which were authorized by the Company, up to the time of payment or tender of payment and which the Company is obligated to pay. Upon the exercise by the Company of this option, all liability and obligations to the insured under this policy, other than to make the payment required, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, and the policy shall be surrendered to the Company for cancellation. (b) To Pay or Otherwise Settle With Parties Other Than the Insured or With the Insured Claimant. (i) to pay or otherwise settle with other parties for or in the name of an insured claimant any claim insured against under this policy, together with any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay; or (ii) to pay or otherwise settle with the insured claimant the loss or damage provided for under this policy, together with any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in paragraphs (b)(i) or (ii), the Company's obligations to the insured under this policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation. 7. Determination, Extent of Liability and Coinsurance. This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the insured claimant who has suffered loss or damage by reason of matters insured against by this policy and only to the extent herein described. (a) The liability of the Company under this policy shall not exceed the least of: (i) the Amount of Insurance stated in Schedule A; or, (ii) the difference between the value of the insured estate or interest as insured and the value of the insured estate or interest subject to the defect, lien or encumbrance insured against by this policy. (b) In the event the Amount of Insurance stated in Schedule A at the Date of Policy is less than 80 percent of the value of the insured estate or interest or the full consideration paid for the land, whichever is less, or if subsequent to the Date of Policy an improvement is erected on the land which increases the value of the insured estate or interest by at least 20 percent over the Amount of Insurance stated in Schedule A, then this policy is subject to the following: (i) where no subsequent improvement has been made, as to any partial loss, the Company shall only pay the loss pro rata in the proportion that the amount of insurance at Date of Policy bears to the total value of the insured estate or interest at Date of Policy; or (ii) where a subsequent improvement has been made, as to any partial loss, the Company shall only pay the loss pro rata in the proportion that 120 percent of the Amount of Insurance stated in Schedule A bears to the sum of the Amount of Insurance stated in Schedule A and the amount expended for the improvement. The provisions of this paragraph shall not apply to costs, attorneys' fees and expenses for which the Company is liable under this policy, and shall only apply to that portion of any loss which exceeds, in the aggregate, 10 percent of the Amount of Insurance stated in Schedule A. (c) The Company will pay only those costs, attorneys' fees and expenses incurred in accordance with Section 4 of these Conditions and Stipulations. 8. Apportionment. If the land described in Schedule A consists of two or more parcels which are not used as a single site, and a loss is established affecting one or more of the parcels but not all, the loss shall be computed and settled on a pro rata basis as if the amount of insurance under this policy was divided pro rata as to the value on Date of Policy of each separate parcel to the whole, exclusive of any improvements made subsequent to Date of Policy, unless a liability or value has otherwise been agreed upon as to each parcel by the Company and the insured at the time of the issuance of this policy and shown by an express statement or by an endorsement attached to this policy. 9. Limitation of Liability. (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures the lack of a right of access to or from the land, or cures the claim of unmarketability of title, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title as insured. (c) The Company shall not be liable for loss or damage to any insured for liability voluntarily assumed by the insured in settling any claim or suit without the prior written consent of the Company. 10. Reduction of Insurance; Reduction or Termination of Liability. All payments under this policy, except payments made for costs, attorneys' fees and expenses, shall reduce the amount of the insurance pro tanto. 11. Liability Non -cumulative. It is expressly understood that the amount of insurance under this policy shall be reduced by any amount the Company may pay under any policy insuring a mortgage to which exception is taken in Schedule B or to which the insured has agreed, assumed, or taken subject, or which is hereafter executed by an insured and which is a charge or lien on the estate or interest described or referred to in Schedule A, and the amount so paid shall be deemed a payment under this policy to the insured owner. 12. Payment of Loss. (a) No payment shall be made without producing this policy for endorsement of the payment unless the policy has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within 30 days thereafter. 13. Subrogation Upon Payment or Settlement. (a) The Company's Right of Subrogation. . Whenever the Company shall have settled and paid a claim under this policy, all right of subrogation shall vest in the Company unaffected by any act of the insured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the insured claimant would have had against any person or property in respect to the claim had this policy not been issued. If requested by the Company, the insured claimant shall transfer to the Company all rights and (Continued on back cover.) AFFIDAVIT I, A. Lloyd Heuschkel, first being duly sworn, on my oath state as follows: 1. My wife, Bobbie A. Heuschkel and I own that certain parcel of land presently under contract to be sold to Donald and Janis Berger, as more particularly described in Exhibit A, attached hereto and incorporated herein by reference (the "Property"). 2. We have owned the Property since September 3, 1975. 3. I have reviewed the alleged location of that certain water pipeline identified in the Title Commitment prepared by Land Title Guarantee Company, Order No. GW244581-7 (the "Title Commitment"), as the Harnmerich Pipeline and dispute the existence of any such pipeline in said location. 4. In the more than 29 years that we have owned the Property, no water has been conveyed across the Property in the alleged location of the Hammerich Pipeline. 5. In the more than 29 years that we have owned the Property, no water has been conveyed in, on or across that certain ditch identified in paragraph 16 of Schedule B-2 of the Title Commitment, the use of which has been abandoned. 6. The use of the Axthelm Pipeline, as specifically identified in paragraph 15 of Schedule B-2 of the Title Commitment, has been abandoned. 7. Upon information and belief, there are no decreed water rights in the Axthelm Pipeline, nor is said pipeline a decreed structure. The affiant has read the foregoing Affidavit, and the provisions of said Affidavit are true and correct according to Affiant's knowledge and belief. STATE OF CALIFORNIA )ss COUNTY OF SANTA CLARA A. Lloyd Heuschkel On this l g day of March, 2005, before me, the undersigned, a Notary Public, personally appeared A. Lloyd Heuschkel, to me known to be the same person described in and who executed the foregoing instrument and acknowledged that he executed same as his free and voluntary act and deed. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notari.1 sea n the day and year written above. My Commission Expires: 16 NN c o7 z AJ1TFHA REDDY KAKLOOR Commission # 7457285 Notary Public - California Santa Clara County - My Comm. Expires Nov 16, 2007 Notary Public QUIT CLAIM DEED THIS DEED, is made this day of March, 2005, between Don L. Seaton and Nanette L. Seaton, whose legal address is 4151 County Road 117, Glenwood Springs, Colorado 81601 ("Grantor") and A. Lloyd Heuschkel and Bobbie A. Heuschkel as Co -Trustees of the Heuschkel 2003 Living Trust, whose legal address is 2344 Rupert Drive, San Jose, CA 95124-2606 ("Grantee"). WITNESSETH, that the Grantor, for and in consideration of the sum of TEN DOLLARS ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has remised, released, sold, conveyed and QUIT CLAIMED, and by these presents does remise, release, sell, convey and QUIT CLAIM unto the Grantee, its successors and assigns forever, all the right, title, interest, claim and demand which the Grantor has in and to the following described property, together with improvements, if any, situate, lying and being in the County of Garfield and State of Colorado described as follows: That certain easement or right of way for the Hammerich Pipeline as described in that certain instrument recorded September 25, 1973 in Book 450 at Page 108, in the office of the Clerk and Recorder, Garfield County, Colorado. - TO HAVE AND TO HOLD the same, together with all and singular the appurtenances ana privileges thereunto belonging, or in anywise thereto appertaining, and all the estate, right, title, interest and claim whatsoever, of the Grantor, either in law or equity, to the only proper use, benefit and behoof of the Grantee, his successors and assigns forever. IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above. LI. =h L, STATE OF COLORADO COUNTY OF GARFIELD ) ) ss. Don L. Seaton GG17—� Nannette L. Seaton 1, rF+'G fi The foregoing instrument was acknowledged before me this day of March, 2005, by Don L. Seaton and•Nannette L. Seaton. ./ Cr_fie Witness my hand and official seal. My Commission Expires 0811312008 A 1 !1 otary Public RETURN TO1 JOSLYN WOOD 201 MAIN ST #301 CARBONDALE, CO 81623 QUIT CLAIM DEED THIS DEED, is made this% ' day of March, 2005, between C.E. Aathelm -2o., a partnership and E.R. Axthelm Co., a partnership, whose legal address is 1395 County Road 233, Rifle, Colorado 81650 ("Grantor") and A. Lloyd Heuschkel ►nd Bobbie A. Heuschkel as Co -Trustees of the Heuschkel 2003 Living Trust, whose legal iddress is 2344 Rupert Drive, San Jose, CA 95124-2606 ("Grantee"). WITNESSETH, that the Grantor, for and in consideration of the sum of TEN )OLLARS ($10.00), and other good and valuable consideration, the receipt and sufficiency of vhich is hereby acknowledged, has remised, released, sold, conveyed and QUIT CLAIMED, nd by these presents does remise, release, sell, convey and QUIT CLAIM unto the Grantee, its uccessors and assigns forever, all the right, title, interest, claim and demand which the Grantor ias in and to the following described property, together with improvements, if any, situate, lying nd being in the County of Garfield and State of Colorado described as follows: Those certain easements or rights of way for the Hammerich Pipeline as reserved and described in that certain instrument recorded September 25, 1973 in Book 450 at Page 108, in the office of the Clerk and Recorder, Garfield County, Colorado. TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging, or in anywise thereto appertaining, and all the estate, right, title, interest and claim whatsoever, of the Grantor, either in law or equity, to the only proper use, benefit and behoof of the Grantee, his successors and assigns forever. IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth hove. STATE OF COLORADO ) ss. OTJNTY OF GARFIELD C.E. Axthe Bv: Darin R. Axthelm, General Partner ER �elmC r . Darin R. Axthelm, Gener 1 Partner TIL The foregoing instrument was acknowledged before me this it S day of March, 2005, by Darin R. Axthelm in his capacity as general partner of the C.E. Axthelm Co. and the E.R. Axthelm Co. .4j2haess my hand and official seal. TA ),. N4ost- • � �i]( My:dtiiriinission expires: tary ieY7 Jlos///2 /,060. - c2t /, n•JT30/ QUIT CLAIM DEED THIS DEED, is made this O. day of March, 2005, between Patrick M. Fitzgerald and Marilyn A. Fitzgerald, whose legal address is P.O. Box 1330, Glenwood Springs, Colorado 81601 ("Grantor") and A. Lloyd Heuschkel and Bobbie A. Heuschkel as Co -Trustees of the Heuschkel 2003 Living Trust, whose legal address is 2344 Rupert Drive, San Jose, CA 95124-2606 ("Grantee"). WITNESSETH, that the Grantor, for and in consideration of the sum of TEN DOLLARS ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has remised, released, sold, conveyed and QUIT CLAIMED, and by these presents does remise, release, sell, convey and QUIT CLAIM unto the Grantee, its successors and assigns forever, all the right, title, interest, claim and demand which the Grantor has in and to the following described property, together with improvements, if any, situate, lying and being in the County of Garfield and State of Colorado described as follows: That certain easement for a water pipeline as excepted from title in that certain instrument recorded September 3, 1975 in Book 478 at Page 289, in the office of the Clerk and Recorder, Garfield County, Colorado. TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging, or in anywise thereto appertaining, and all the estate, right, title, interest and claim whatsoever, of the Grantor, either in law or equity, to the only proper use, benefit and behoof of the Grantee, his successors and assigns forever. IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above. STATE OF COLORADO ) ss. COUNTY OF GARFIELD )_ The foregoing instrument was acknowledged before me this day of March, 2005, by Patrick M. Fitzgerald and Marilyn A. Fitzgerald. Patrick M. Fitzgerald Marilyn A. Fitg rald t_ Witness my hand and official seal. My commission expires: RETURN TO: JOSLYN WOOD 201 MAIN ST. 11301 CARBONDALE, CO 81623 1 Notary Public State Engineer By Date Form No. GWS -11 6/2003 STATE OF COLORADO • OFFICE OF THE STATE ENGINEER 818 Centennial Bldg., 1313 Sherman St., Denver, CO 80203 (303) 866-3581 Fax (303) 866-3589 For Office Use Only ` :� i....,. ;a CHANGE IN OWNERSHIP/ADDRESS�`I�'� CORRECTION OF THE WELL LOCATION i,',", APR .. 7 ?nfl5. ° >n .. Insert the Well Permit Number 114753 ;_ -'1_ sr ;E �r;c ;,.= rFA Name address and phone of the person claiming ownership of the well: cr,,i 0 NAME(S) Donald 3 Rerger and Janis . S . Berber. _ Mailing Address 0451 .Canyon Creek Dr. city, St. zip G1 enwood Spr. i.ngs;'.00 .81601. Phone POO 1 9 LN - Le i 1 Li This form is filed by the named individual/entity claiming that they are the owner 'This filing is made pursuant to C.R.S. 37-90-143. of the well permitted as referenced above. WELL LOCATION: County •Ga rf i e1 d ' Owner's Well Designation (Address) NW 1/4 of the NW 1/4, Sec. 10 , Twp. 7 (City) N. or S., Range Rg. (State) (Zip) E. or W.; 6th P.M. Distance from Section Lines 50 Ft. From � N. or S., 340. Ft. From E. or X W. Line. • Subdivision Name Lot , Block , Filing/Unit The amended May above listed owner(s) say(s) that for the following reasons: Correction of location for exempt 17, 1965. Please see the' reverse he, X wells she (they) own the well described herein. The existing record is being Change in name of owner li Change in 'mailing address permitted prior to May 8, 1972 and non-exempt wells permitted before side for further information regarding correction of the well location. I (we) claim and say that I (we) (are) the owner(s) of the well described above, know the contents of the statements made herein, and state that they are true to my (our) knowledge. Please print the Signer's Name & Title C� t 11 l� B Q-'( Si .nature(s) of the new owner. G -r ,cc) S ' t� pn �,�'� vvi Date J i ► •.� - S— 25—(75 It is the responsi ' ' of the new owner of this well to complete and sign the form. Signatures of agents are acceptable if an original letter of agency signed by the owner is attached to the form upon its receipt. For Office Use Only ACCEPTED AS A CHANGE IN OWNERSHIP AND/OR MAILING ADDRESS. - ,1/940 )\- eftk. (2J .a - ,/G_ o0s,- State Engineer By Date WELL PERMIT State Enginepr By Date Form No. GWS -11 6/2003 STATE OF COLORADO OFFICE OF THE STATE ENGINEERe 818 Centennial Bldg., 1313 Sherman St., Denver, CO 80203 (303) 866-3581 Fax (303) 866-3589 For Office Use Only CHANGE IN OWNERSHIP/ADDRESS• CORRECTION OF THE WELL LOCATION RECEIVED v.0 `° I� SPR n 7 ?n�I5 :...:.;�;,ti. -A Insert the Well Permit Number 114753. "''; EY;r:.� .- STATE ENGVE Pi Name, address and phone of the person claiming ownership of the well: 0010 NAME(S) Donald J RPrg_e and. Ja.ni s . S Berer` _ Mailing Address 0451 .Canyon Creek Dr: ' city, st. zip G1 enwood Springs, .CO .81601. Phone y`i0 1 9L -r6 - Le) 1 . This form is filed by the named individual/entity claiming that they are the owner This filing is made pursuant to C.R.S. 37-90-143. of the well permitted as referenced above. WELL LOCATION: County narfIR? d Owner's Well Designation (Address) NW 1/4 of the NW 1/4, Sec. 10 , Twp. 7 (City) N. or S., Rahge 89 . (State) (Zip) E. or W.; 6th P.M. Distance from Section Lines '50 Ft. From N. or S., ' 340 Ft. From E. or X W. Line. Subdivision Name Lot Block , Filing/Unit The amended F May above listed owner(s) say(s) that for the following reasons: Correction of location for exempt 17, 1965. Please see the reverse he, X wells , she (they) own the well described herein. The existing record is being Change in name of owner Change in mailing address permitted prior to May 8, 1972 and non-exempt wells permitted before side for further information regarding correction of the well location. I (we) claim and say that I (we) (are) the owner(s) of the well described above, know the contents of the statements made herein, and state that they are true to my (our) knowledge. Please print the Signer's Name & Title 1`115 , B cr Si 'nature(s) of the new owner. C -ac i ' a 1��n ply ~ V' , Date 1 7Zrj- ilL,....•..)R- - . s- ZS ---C75 It is the responsi ' ' of the new owner of this well to complete and sign the form. Signatures of agents are acceptable if an original letter of agency signed by the owner is attached to the form upon its receipt. For Office Use Only ACCEPTED ED AS A CHANGE IN OWNERSHIP AND/OR MAILING ADDRESS. ' _ .d. n ,1 A.... _4;01Asw. a _,..7‘,....,/_,a_00.- State Enginepr By Date DRAWINGS GARFIELD COUNTY DRIVEWAY PERMIT Ob/1.3/Z550 Li: Ub b.DtibZ / KURU ANL) bKlUur_ Application for Driveway Permit Person Obtaining Permit: Berger Donald and .Tann Permit Number: GPBO5D-48 Application Date: 6/14,2005 Termination Dale: 7/14/2005 County Road Number: 117 District: Glenwood Inspector: Bobby Branham hereby requests permission and authority fi one the Board of County Commissioners to construct a driveway approach (es) on the right-of-way off of County Raad,11?, At Addams of 4451 CR 117, located on The tigrik 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 algng road. 2_ Distance from centerline of mad 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. 8. No unloading of equipment on county road, any damage caused to county road will be repaired at subdivision expense. 9. Responsible for two years from the date of completion. Gerannoirrovi.tions 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 be 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 Board 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 sha]1 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 drive-way(s) in the course of the County snow removal operations. ebf 1 3f LOn3 G,i: eb b2bbb2 f FUA17 AND 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 sharking 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 or additions shall be made to the driveway(s) or its appurtenances on the right-of-way without written permission 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. 9) Final inspection of driveway will be required upon completion and must be approved by person issuing permit or representative of person issuing permit The inspection and sign off must be done prior to any CO from the Building and Pinning Department being issued. Srt iltl Cenditlons: 1. Driveway Width -1$' 2. Culvert required? False Size: by 3. Asphalt or concrete pad required? True Size of pad: 30ft Wide x 10ft long a in thick 4. Gravel portion required? True Length: 50Et 5. Trees, brush and/or fence need to be removed for visibility? False 6. Distince and Direction: 7. Certified Traffic Control Required? False 8. Work zone signs required? True 9. See design 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 nd agrees to construct the driveway(s) in accordance with the accompanying specification plan reviewed and approved by the Board of County Commissioners. Signed: Address: e'rger Donald : anis air % 6e - Telephone Number: Permit granted 6//4/20(5, subject to The provisions, specifications and conditions stipulated herein. For Board of County Commiss' era' of Garfield County, Colorado: tl C Representative of Garfi County Road and Bridge Signature ODf 1.3/.znna . i ub 13258b2/ ROAD AND BRIDGE Specifications PAGE 05 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 pmPertY- 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. (ft is recommended for rural residence entrances that a minimum intersection clearance of 50 feet be provided and for rural commercial entrances a minimum of ] 00 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 less than one hundred (1 00) feet. Additional entrances or exits for parcels having a frontage in excess of one hundred 100) feet shall be permitted only after showing of actual corrvenienX 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 app ach to the toad may be ata right angle to the centerline attic 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 road 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. All driveways and approaches shall be so constructed that they shall not interfere with the drainage system of the street or coiuity road. The Applicant will be required to provide, at his own expense, drainage structures at entrances and exits, which will brae 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 sketch or drawing of the proposed darrveway(s) must accompany application. No permit will be issued without drawing, blueprint, or sketch. .J/ sLuJ tJ. UU OG JC7OL! Nur-ll FIND tiKiJJ L Garfield County Garfield County Road & Bridge Department P.O. Box 426 0567 CR 352 Rifle, CO 81650 Phone- 970-625-8601 Fax - 970-625-5627 To: Donald and Janis Qerpar Front Wendy Mead sou 944-8300 Dat. June 14, 2005 Phone; Pix 5 RAE D taaway Pena* CC: Urgent For ps riw, Plasma Comm.nt PMes. Reply 'Comments: Please sign and either fax or wail back signed pages. Please remit payment promptly. Thank You! t1b/1/2b 2.1:1J6 b2b b27 ROAD AND BRIDGE Garfield County Road and Bridge Department r.a. Box 426 Rifle, CO 81650 Phone --(970)623-8601 Fax- (970625-86r PAGE 82 Invoice Driveway Permit Number. GRB05-DS8 Invoice Date: 04/20D5 Bill To: Berger Donald and Janis 4451CR 117 Glenwood Springs , CO 81601 $75.00 per Driveway Permit, Driveway Permit Fee: $75.00 Total Due: $75.00 Thank Your Uo/.L.3/ tunes L.3: bb bL.DtSbL! KURD AND tiK.LJUE NAGE H2 Garfield County Road And Bridge Department P.Q. Box 926 Rifle, CO 8160 Ph one -(970)625,8601 Fans- (970)625-8627 Invoice Driveway Permit Number. GRBO5-D-4S Invoice Date: 04/2005 Bill To: Berger Donald and Janis 44S1CR 117 Glenwood Springs , CO 81601 $75.00 per Driveway Permit, Driveway Permit Fee: $75.00 Total Due: Thank You! $75.00 DONALD J. BERGER ,JANIS S.:BERGER PH -970-928-0978 0451 CANYON CREEK DR GLENWOOD SPGS, GO 81601 PAY TO THE ORDER OF + Ae..F%L-C aban F SreSo-vice Crown d- ijsbank.com --./Az4DATE= r 3651 2372/1020.253 DOLLARS e FOR 1:10 20000 io 36 ?0 ? 2009 SH" 3E, 5 i USACOE CORRESPONDANCE REPLY TO ATTENTION OF DEPARTMENT OF THE ARMY U.S. ARMY ENGINEER DISTRICT, SACRAMENTO CORPS OF ENGINEERS 1325 J STREET SACRAMENTO, CALIFORNIA 95814-2922 September 21, 2005 Regulatory Branch (200575550) Mr. Donald J. Berger, P.E. Berger Engineering 0451 Canyon Creek Drive Glenwood Springs, Colorado 81601 Dear Mr. Berger: This letter concerns your request for a Department of the Army permit for your Fourmile Creek driveway access project. This project is located within Section 10, Township 7 South, Range 89 West, Latitude 39° 27' 55.7", Longitude 107° 19' 22.2", Garfield County, Colorado. At this time, your project does not qualify for authorization under Nationwide General permit number 14. The requirements of General Condition 26 of the Nationwide General permit program have not been satisfied. You should initiate consultation with Mr. Mark Bean, Garfield County Floodplain Administrator, to determine if your project will meet local floodplain management requirements. Once local authorization is concluded and your project activities area approved, we will complete processing of your notification, as appropriate. Alternatively, we may accept and process a standard permit application for your project. However, we would still need to make the above determinations and consult, as necessary. If you choose this option, please provide a complete application form along with other required information. Information on submitting a standard permit application can be obtained via our web site at http://www.spk.usace.army.mil/regulatory.html. Please refer to identification number 200575550 in correspondence concerning this project. If you have any questions, please contact me at the address below, email Mark.A.Gilfillan@usace.army.mil, or telephone 970-243-1199, extension 15. For further information, you may also use our website: www.spk.usace.army.mil/regulatory.html. Sincerely, Mark Gilfil .n Biologist, olorado/Gunnison Basin Regulatory Office 400 Rood Avenue, Room 142 Grand Junction, Colorado 81501-2563 Copy furnished with enclosure: Mr. Mark Bean, Garfield County, 108 8th Street, Suite 201, Glenwood Springs, Colorado 81601 4111BERGERki& Engineering US Army Corp of Engineers Wayne N. Aspinall Federal Building 402 Rood Ave., Rm 142 Grand Junction, Colorado 81501 July 12, 2005 Phone (970) 243-1199, Fax (970) 241-2358 Attn: Mr. Mark Gilfelin or Sue Nell Re: Request for Letter of Permission, Driveway Construction, 4451 County Road 117, 4 - Mile Creek Road, Glenwood Springs, Colorado Mark: As discussed, I have purchased a parcel of property west of 4 -mile creek just off from County Road 117. We are currently designing and anticipate construction of an access driveway from the county road across four mile creek to a single family home site west of the creek. See the plan drawings attached. We have owned the property for less then 3 mos. and have reviewed 33 CFR Section 330, 29. Single Family Housing of the Nationwide Permit document. We have conducted a study of the property, as recommended in our conversations for the presence of or lack of "wetlands" that will be affected by the access driveway crossing. 11/27/2005 3:41:08 PM C:1Documents and Settings\donber\My Documents\Berger House Plans14 Mile Ranch\COE Driveway Permit.doc COE Req Ltr of Permission 4451 Cty Rd 117 Access Driveway Permit 11/27/2005 Pg2of4 We have reviewed the criteria for the assessment of the wetland determination as outlined on Figure 14 Flowchart of steps in making a wetland determination (attached). We have observed the seasonal flow rates of the creek, this springs peak run-off and plant life within the proposed driveway alignment. We understand that this springs run-off was considered a peak due to snow pack and unseasonably high temperatures in April. Our observations indicate that the main channel was at significant flow while the secondary channel appeared to have water backed -up due to the presence of several Beaver Dams on the property. These flows continued in the main channel well into June, however, the secondary channel dried up within days after the peak flow. Now that the Atkinson irrigation ditch has been drawing from four mile creek, the flow in the main channel is almost non-existent and the overflow channel is dry. We have, conducted the wetland assessment of both channels and in our opinion, determined using the flowchart and associated documents that the first crossing shown on the plan is not considered a wetlands area. The area does, however, asindicated above, have intermittent flows at high water conditions. The 100 yr Flood map document has been surveyed and mapped at El. 6434 in this area, therefore, the 100 yr event will create about 3 -ft of standing water in the first crossing for a very short intermittent period during spring run off. This years run-off peak flow, high water condition was mapped as shown (attached). The first drainage is essentially an overflow for the main channel. A beaver pond adjacent to the main channel downstream of the driveway crossing location backed -up water near the driveway location this season. A photo of the first potential driveway crossing is attached: The first crossing will have a footprint of about 0.05 acres below the 100 -yr flood plan with a 100 -yr flood plain depth of about 3 -ft. The normal high water level observed during the 2005 spring run-off will have a footprint of about 0.02 acres and a depth of about 1.5 -ft. Therefore, we propose a 4 -ft diameter CMP culvert through this ovc; flow channel. 11/27/2.005 3:41:08 PM C:\Documents and SettingsldonberlMy Documents\Berger House Plans14 Mile Ranch\COE Driveway Permit.doc COE Req Ltr of Permission 4451 Cty Rd 117 Access Driveway Permit 11/27/2005 Pg 3 of 4 The second driveway crossing is the main channel of the creek. The 100 year flood is at El. 6434 as well, however, the flow rate in the main channel can be substantial. Therefore, a bridge structure has been proposed for this crossing. The map attached indicates the water limits during this seasons high flow. A photo of the second crossing is attached. Summary: The first crossing does not appear to have the Hydrophytic vegetation or the Hydric soil conditions required as a wetlands at the driveway crossing location. The second crossing will be spanned using a bridge, not because of wetlands but to maximize the channel width and allow the peak flows to pass freely below the structure. The abutments will be well outside the limits of any potential wetlands areas/guidelines. Sed the engineered drawings attached. Therefore, we request a letter of permission be provided by the USAGE to confirm that we have notified the USACE of the project and requirements have been met to satisfy adjacent neighbors and ancillary parties. The letter will also provide documentation that we have taken the proper steps and actions to construct the driveway in accordance with all the rules and regulations of the government. Beaver Dams: The entire parcel shown on the attached map has a number of beaver dams present (5+). This spring four (4) out of the five (5) beaver dams where destroyed by high water flows. The beavers are already back to rebuilding their homes and water storage structures. Ms. Nall in 11/27/2005 3:41:08 PM C:IDocuments and Settings\donber\My Documents113erger House Plans\4 Mile Ranch\COE Driveway Permit.doc COE Req Ltr of Permission 4451 Cty Rd 117 Access Driveway Permit 11/27/2005 Pg 4 of 4 your office indicated in one of our correspondence that the USACE has reviewed designs and documents for engineered beaver dams in the Telluride Colorado area. I would be very interested in providing a home for these creatures on this parcel of land that will allow a small family of beavers to sustain a home/pond without removing so many trees every year from the property and thus reduce loading the creek with debris every season. So if it would be possible, Iam interested in the design and possible options for construction of an "engineered beaver dam" on this property. The owners of the proposed driveway are Donald & Janis Berger per the Land Title documentation. The current mailing address is as follows: Donald & Janis Berger 0451 Canyon Creek Drive Glenwood Springs, Colorado 81601 Ph. 970-928-0978, Cell 970-948-6114 Fax 970-945-5380 The property corner pins are easily identified from the edge of four mile road (Cty road 117). The Legal Description survey has identified the corner pins in the field and on paper. The proposed site and access road maps have been prepared in accordance with standard road construction guidelines. If you have any questions or desire additional information, please call. I appreciate your efforts in this permit process. Sincerely: Donald J. Be Berger Engering dberger@yenter.com 1 c: sent File 11/27/2005 3:41:08 PM C:IDocuments and Settingsldonber\My Doeuments\Berger House Plansl4 Mile Ranch COE Driveway Permit.doc ELEV CERT 11,..l L41 LVU-1 l U. JL JIU I VJaJ .-71-11 IN. ,_, nal 11 11-.1-.l ,1, he `DERAL EMERGENCY MANAGEMENT AGENCY NATIONAL FLOOD INSURANCE PROGRAM ELEVATION CERTIFICATE Ire ortant: Read the instructions on pages 1.7. 0.M.B- No. 3067-0077 Expires december 31, 200E SECTION A - PROPERTY OWNER INFORMATION For Insurance Carpany Use BUILDING OWNER'S NAME Donald & Janice Berger BUILDING STREET ADDRESS (Including Apt, Unit, Suite, and/or Bldg. No.) OR P,D. ROUTE AND BOX NO. 4451 County Road 117 CITY STATE Glenwood Springs CO Policy Number Company MIC Number ZIP CODE 811801 PROPERTY DESCRIPTION (Lot and Black Numbers, Tax Parcel Number, LBO Description, etc.) Tax Parcel #23951 O200p23 BUILDING USE (e.g., Residential, Nen-residential, Addtion, Accessory. ate, Use a Comments area, lf nec sery.} Resldentlat LATITUDFJLONGfTUDE (OPTIONAL) (N*. - tat - ##,7111" or *Ninon') NAD 1927 NAD 1983 HORIZONTAL DATUM; SOURCE 0 GPS (Type): ❑ USGS Quad Map ❑ Other: SECTION B - FLOOD INSURANCE RATE MAP (FM INFORMATION 81. NFIP COMMUNITY NAME & C M UN TY NUMBER Garfla'rr Ceuny 090205 1445 B B2 COLit TY NALE Garfield 83, STATE co 94. MAP AND PANEL NUMBER 08(32051445 BS. SUFFIX B SS FIRM INDEX C ATE 12-15,1977 E7. FRM PANEL EFFFC11VEIREVISED CUTE 011.03.1985 B. FLOOD ZONE(S) A2 89 BASE FLOOD ELEVA1DON(S) (Zone AU. use depin of rhodingl 5423.8 910, Indicate the source of the Base Flood Elevation (BEE) data or base food depth entered in B9. ❑ FIS Prctie ® FIRM ❑ Canmunily Determeled D Otter(Desahbe). 811, Indicale the elevation datum used for the BFE in B9: 112 NGVD 1929 ❑ NAVD 1988 ❑ Other (Describe): 812. Is the btfiliN located Ina Coastal Barrier Resources om f CBRS) area or Otheiwlse Protected Area (DPA)? [I Yes 0 Ni Designation Dale__ SECTION C - BUILDING ELEVATION INFORMATION (SURVEY REQUIRED) Cl. Binding e?evatiins are based on; ❑ Construction Drawring3` ® During Under Conslwucton' [] Flntshsd Construction 'A new Elevaon Certiffate w4 be wired when oolstitcion cite bu9rbng is complete. C2. Building) Diagram Number, (Sated the building diagram most similar to the biking for which this tartrate is ting complaled - see pages 6 and 7. If no cagrarn accurately represents the Wilting, provide a skeleb or photograph.) C3. Elevations - Zones Al -A30, AE, AN, A (with BFI), VE, VI -V30. V (with BFE), AR, AR/A, ARJAE, AR/A1-830, AWAH, AR/AO Ccrnp€ete items C3. -a i below arromting to the b*re g diagram apecIted in kern C2. State the datum used. If the datum Is different from the dalton used for the $FE in Section 8, convert the datum to that used br the BFE. Shorn field measurements and chum converon carom ion. Use the space provided or the Comments area of Sec4a1 D or Section G, as appropriate, to dooJment the datum conversion. Datum Conversion/Co miens Elevation reference mark used 4�, Does the elevation rhe mark used appear on the FRIO Yes ❑ No o a) Top of bourn Froor(including teserrtent cc enclosure) 6430. 0 ft(m) a b) Too of net; higher floor 6410,0 f .(n) o c)13ottam of lowest horizontal structural member (V zones only) NIA . _ff-(m) o d} Attached gaage (top of slab) NIA. ,ii(m) o e) Lowest elevaion of machinery andkx equipment sorvicing the Ming {Describe in a Corrrnenfs area) Nom. _0,(m) o f) Lowest adjacent {4rished) grade (LAG) .W9... 0 {(,(m) o 91 Wghest aciacent (finished) grade (HAG) . 6939. O R(m) o h) No, of penrhanent openings (flood vents) within 1 ft. above aria;ent grade NIA o :) Total area of all permanent openings (food vents) in C3.h NIA Sq. in. (Sq. ani SECTION D • SURVEYOR, ENGINEER, OR ARCHITECT CERTIFICATION This certifrcaflon is to be signed and sealed by a land surveyor, engineer, or architect authorized by law to certify elevation Information. I certify that the Information in Sections A, 8, and C on this cerfrficate represents my best earls to Interpret the data available. I understand That any false statement may be punishable by tine or imprisonment under 18 U.S. Code, Section 1001, CERTIFIERS NAME MARK S. BECKL.ER, PLS IJCENSE NUMBER 28643 ii 2 TITLE PRINCIPAL COMPANY NAME SOPRIS ENGINEERING, LLC. CITY CARBONDALE FEMA Form 81-31, January 2003 STATE CO TELEPHONE 970 704-0311 ZIP CODE 81823 See reverse side for continuation. Replaces all previous ediiIons IMPORTANT: 1n these spaces, copy like corn ding information from Sermon A. BUt.DINGSTREET ADDRESS (InctrdngApt, UM. Sullb.andb:d&dg. (o.)ORP.O.ROUTEANDBOXN0. 4451 County Road 117 Forhsuran® Company USe Palcy Number CITY Gl rwoo4 Springs STATE CO ZIP CODE 81601 Cory MAIC Number SECTION D - SURVEYOR, ENGINEER, OR ARCHITECT CERTIFICATION (CONTINUED) Copy barn ides of this Eleveaian Ceircate for (1) comfrunhty official (2) insvrenCe 8genttcornpany, and (3) baking owner. COMMENTS THE PROPOSED STRUCTURE AT THIS LOCATION WILL NAVE A MEWING SPACE F.F. F.E.. OF 6430,0 ABOVE THE BEE OF 6423.8 Al elevators listed on this form are based on the 1929 FEMA Datum referenced on the FIRM map. UPON COMPLETION OF CONSTRUCTION AN ELEVATION CERTIFICATE NEEDS TO BE CERTIFIED PER AS -BUILT SURVEY 0 Check here if attachments SECTION E BUILDING ELEVATION INFORMATION (SURVEY NOT REQUIRED FOR ZONE AO AND ZONE A (WITHOUT BFE) For Zone AO and Zone A (without BEE). complete Items El thragh E4. If the Eleven Cerit''frcate is derided ix use as supporting for a LOMA or LOMR-F, Section C must be completed, • Et. Building D agram Number_(Seiect the bueIccng diagram most similar to the b i c$ng for which this ct t case bring oor eted - see pages 6 and 7, I no diagram accurately represents the bin'lding, provide a sketch or photograph.) E2. The top of the to`tom ficor [ndudng basement or enclosure) o1 the bilking is _11(m) __n.(an) ❑ above or ❑ trebw (then ma) the highest aciacent grade. (Use natural grade, if available), E3. For aiding Diagrams 6-8v+lth openings (see page 7), the next higher floor or elevated floor (elevation b) 01 the building is _ fi.(m) Tin.(cm) agave the highest adjaanl grade. Compete Hems C3.h and C3,i on front d form E4. The top d the platform of machinery and/or eoufpmenl servicing the buildrig is _ fl.(m) _Ir .(rm) ❑ above or ❑ below (check one) the highest adjacent grade. (Use natural grade, if available). ES. For Zone AO only: If rro flood depth number is available, is the top of the bottom Hoar 0revalod in accordance with the Gomrrrurkiy's eooclplan management ordinance? Yes [ No ❑ Unknown_ The local aftcial must reit this irifonnafion in Section G. SECTION F • PROPERTY OWNER OR OWNER'S REPRESENTATIVE CERTIFICATION The property owner or owner's authorized representative who ccmpleis Secioras A, 5, C (Items C3.h and C3.i only), and E for Zone A (wwilu a FEMA -issued or community - issued BFE) a Zone. AO must sign here. The etement; in Secfrorts A, B, C, d E ere correct to the beef of Ty knowledge. PROPERTY OWNERS DR OWNERS AUTHORIZED REPFESENTATWE'S NAME MARK S. BEC} ER, PLS ADDRESS 502 MAIN STREET SIGNATURE COMMENTS ,1/,1.:- Ems/ CITY CAR5ONDALE STATE -ZIP CODE CO 81623 DATE TELEPHONE 970 704--03311 © Check here if attachments SECTION G - COMMUNITY INFORMATION OPTIONAL) The local official who is authenzed by lair or ordnance to administer the community's ftoodpla n management ordnance can oom plele 5eatfons A, 5, C (or E). and G cif this Elevation Certificate. Complete the appfrcable Item(s) and 6gn beim. G1. ❑ The information in Section C was taken tram other dor rnentatan that has been signed and embossed by a Icensed survey, engineer, of architect who Is authorized try Slate or local law to certify elevation information. (indicate the source and date dine Elevation data in the Commis a -ea belax.) G2 ❑ A community official completed Section E for a bolding located in Zone A (without a FEMA -Issued nr mmmurvtyissued BFE) or Zone AO. G3. ❑ The fotlowfng information (Items G4 -G9) is provided for cnmrnu,n#y Ioodplain management purposes 04, PERMIT NUMBER GO DATE PEWIT [;SUED G7. This permit has been issued for: ❑ New Conshudion 0 Suhstartial Improvement G8. Elevation of as -bull lems1 Icor (including basement} of the bonding is: G9. BFE or (In Zone AO) depth d flooctng al the buidrng site is LOCAL OFFICIAL'S NAME COMMUNITY NAME SIGNATURE COMMENTS - 06 DATE CERTIFICATE OF CCMPLV,NCEapCCUPANCY ISSUED _ft (m) tt(m) TITLE TELEPHONE Datum: Dalen: DATE FEMA Form B1-31, January 2003 0 Check here if attachments Replaces all previous editions BERGER �► Engineering Garfield County Building & Planning Department 108 8th Street, Suite 201 Glenwood Springs, Colorado 81601 November 25, 2005 Phone (970) 945-8212, Fax (970) 384-3470 Attn: Mr. Mark Bean Re: Request for Special Use Permit, Access Driveway Construction, 4451 County Road 117, 4 - Mile Creek Road, a Glenwood Springs, Colorado Mark: Please find attached two (2) copies of the Special Use Permit Application for the above referenced project. We appreciate the time and efforts of the County review staff and look forward to meeting with the Board of County Commissioners for the public hearing and approval of this special use permit. If you have any questions or desire additional information, please do not hesitate to call Donald J. Berger, P.E. at (970) 948-6114. Sincerely, Donald J. Be g r, P.E. 0451 Canyon Creek Dr. Glenwood Springs, CO 81601 (970) 948-6114 Cell (970) 945-5333 Off. 11/27/2005 4:59:35 PM C:1Documents and Settingsldonber\My Documents\Berger House Plansl4 Mile RanchlTrans Garfield County Spec Use Permit.doc HARLAND CAMBRIDGE EGZ cieo 1./z-ez Subject .44 Y..17,S (2-."OCLA Sf.?-aJ4.vttec. 01.. Project No n By L4 .4. _ ^ Checky Task No. ' File No. Date /14-27-06 Date Sheet of 7 .1111B. 2S24S Engineering f Subject deei_s By h',. C./ Date //.-2-d5- L:,1/ '.1, /Ertdt, :. Project No .7.46 ,45 -614 Checked By Task No. File No. Date Sheet 2 of 9 BERGER616, Engineering r Subject /4.4- 5 S *.&/ldi..i,A ),";;.it al .11'4,1,r' 2c4 r. Project No. 24:k6 .15-• — e, it, 9 By L. 4-->.,.......,...,,,- Checrail By Task No. (7 File No. Date Sheet 3 of 9 Date rir/ffl' Z 7 °--cl : . . 0 rdilBERGE1?6& Engineering Subject CctiS3 Project No t dv9 Task No. File No. By Date /1--2g-16 5'. Date Sheet Check By '--_____.r.—..1, .lYl)4its a7it4oio 0.4 '. .= ./ 7: ''.L ..-1100sic ▪ er• a OCA of 9 eqy • I • ?1. 41ABERGE1?"11& Engineering sections, the boundaries were interpolated. In cases where the floodway and 100 -year flood plain boundaries are either close together or collinear, only the floodway boundary has been shown. The area between the floodway and 100 -year flood plain boundaries is termed the floodway fringe. The floodway fringe encompasses the portion of the flood plain that could be completely obstructed without increasing the water -surface elevation of the 100 -year flood by more than 1.0 foot at any point. pica re ationships •e ween the f oo.way and a e looway fringe and their significance to flood plain development are shown in Figure 2. I. -11FLOODWAY FRINGE 100.YEAR FLOOD PLAIN FLOOD ELEVATION WHEN FLOODWAY STREAM -4- CHANNEL� FLOODWAY� FRINGE CONFINED WITHIN FLOODWAY ENCROACHMENT D AREA OF FLOOD PLAIN THAT COULD BE USED FOR DEVELOPMENT BY RAISING GROUND FLOOD ELEVATION BEFORE ENCROACHMENT ON FLOOD PLAIN LINE AB IS THE FLOOD ELEVATION BEFORE ENCROACHMENT. LINE CO IS THE FLOOD ELEVATION AFTER ENCROACHMENT. 'SURCHARGE ISNOT TO EXCEED 1.0 FOOT (FEMA REQUIREMENT) OR LESSER AMOUNT IF SPECIFIED BY STATE. Figure 2. Floodway Schematic 5.0 INSURANCE APPLICA.TI©N To establish actuarial insurance rates, data from the engineering study must be transformed into flood insurance criteria. This Process includes the determination of reaches, Flood Hazard Factors, and flood insurance zone designations for each flooding source studied in detail affecting the unincorporated areas of Garfield County. 5.1 Reach Determinations Reaches are defined as sections of flood plain that have relatively the same flood hazard, based on the average weighted difference in water -surface elevations between the 10- and 100 -year floods. This 32 c": 6 re Z Q P. > CO 0 w rLi u 4 1;1 4 Ca LO ix 4.) 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FLOODING 0 H Ei U W U) U) U3 O U Fourmile Cree 0 K GA U Q W W C.7 x H FD X 0 Z Z 0 w (N A: U5 H a 3 .3 X YI N 0 FLOODWAY DATA FEDERAL EMERGENCY MANAGEMENT AGENCY O rn 0 < W !-- Q Z W ti O J a CC LLJ O y U Z <2 I TABLE 2 568 600 500 400 100 80 0 z w 60 ca CC a 50 0_36 4 0 co o=ss Iw —33 v — 30 w-30 --- 120 -- 108 96 —84 — 72 — 66 — 60 54 48 —42 4- —TH 0.85D nFq DESIGN OF SMALL DAMS = -FA LOW TAILWATER HIGH TAILWATER 2-c,- 5 I— w_ w z —.4 —.5 —.6 — 1.0 - 2 — 18 — 15 — I2 EXAMPLE 300 400 500 500 EQUATION: HT= [2.5204 (I+ Ke)+466.18j2L t' Q)2 D 1E/3 / JJ 10ff HT- Head in feet Ke = Entrance loss coefficient D Diameter of pipe in feet n = Manning's roughness coefficient L - Length of culvert in feet O = Design discharge rote in cfs Figure 13--11. Head for corrugated -metal pipe culverts flowing full, n=0.024. (U.S. Bureau of Pub1i2 Roads.) 288—D-2971. 4 5 6 8 10 20 568 DISCHARGE 2000 1000 800 600 -- 120 500 --- 108 400 — 96 300 — 84 200 100 80 — 42 60 50 • —36 40 —33 — 72 — 66 --60 z J / —{.E1 O.BSD DESIGN OF SMALL DAMS LOW TAILWATER HIGH TAILWATER /fit- C� // Lg—y : Q=35 / H _ EXAMPLE 30 w-30 �— O z '1 f Q 27 0 oo 9 4 � e 0 + 0 20 I0 8 6 5 4 3 2 — 24 — 21 — 1 8 — 1 5 -- 1 2 300 300 400 400 EQUATION H= /2.5204 11+ke) + 466.18 n2 L ]f 0 )2 L D 0,6/ J y 10f HT= Head in feet Ke = Entrance loss coefficient b = Diameter of pipe in feel n = Manning's roughness coefficient L = Length of culvert in feet Q = Design discharge rate in cfs 500 Figure B-11. Head for corrugated -metal pipe culverts flowing full, n-0.024. {U.S. Bureau of Public Roads.) 288-0-2911. 568 2000 1000 800 600 - 120 l7 z z cc - 400 - 300 - 84 -- 200 -72 - 66 - 60 (f) L — L.)54 z-100 N -48 a -80 -42 -60 -50-36 En 40 tr-33 - Q=35 � ❑ /! - 30 w-30 O -=" 2 7 z J — —{H LOW TAILWATER DESIGN OF SMALL DAMS HIGH TAILWATER Kc 0 o0 20 / �9 fi 00 V.0 EXAMPLE_ 500 - 20 - 24 40 - 10 - -6 - 5 `- 4 - 3 - 2 -21 --- 1 8 - I5 - I2 2 -500 H=7.5_ 0 [2.5204 (1+Ke) 466.18 n2 L l0 2 EQUATION: Hr=+ D' D16/3 ]�10� HT = Head in feel Ke = Entrance loss coefficient D = Diameter of pipe in feet n = Manning's roughness coefficient L = Length of culvert in feet 0 = Design dischorge rate in cfs r .4 -.5 - -6 - LO 2 4 5 6 I0 -- 20 Figure B-11. Head for corrugated -metal pipe culverts flowing full, n=0.024. (U.S. Bureau of Public Roads.) 288—D-2911. of BERGERli► Engineering Garfield County Building & Planning Department 108 8th Street, Suite 201 Glenwood Springs, Colorado 81601 Phone (970) 945-8212, Fax (970) 384-3470 Attn: Mr. Fred Jarman February 6, 2006 RECEi • ED GARFIELD COUNTY BUILDING & PLANNING Re: Revised Submittal, 2nd Bridge Clarification, Access Driveway Construction, 4451 County Road 117, 4 -Mile Creek Road, a Glenwood Springs, Colorado Fred: As discussed, review of Resource Engineering Inc. and Staff Comments provided on Friday 2/3/06, this letter and package has been prepared to clarify this applicants misunderstanding of the information and presents a revised submittal as recommended. Our misunderstanding of the information related to the FIRM (Flood Insurance Rating Map) and the FEMA Floodway Study map has resulted in the misunderstanding that the east channel was not a floodway channel. The east channel is part of the FEMA floodway channel system in the project area Further understanding of the floodway map and Resource Engineering's recommendation to overlay the proposed design/plan on the floodway map has been conducted here (attached). Summary: Based upon overlay of the design/plan with the FEMA floodway map, the east channel has a designated floodway channel. Therefore, a culvert section does not meet Section 6.09.01(A) of the County Floodplain Regulation. Therefore, the east channel crossing has been redesigned to provide a 15 -ft wide bridge to span the FEMA Floodway Channel. In addition, the overlay indicates that the west floodway channel can be spanned by the proposed 40 -ft bridge span. Revised Submittal: The attached information has been provided to clarify the proposed redesign for the access driveway in hopes that staff will be able to review this latest information and recommend approval of the Special Use Pelniit to the BOCC. The 1" = 400 -ft FEMA floodway Study map is attached with the floodway channel highlighted. The floodway map clearly indicates that the previously described "swale" has a defined "Floodway Channel" within it. Table 2 of the FIRM study has been provided to confirm that the project site is between study cross sections V & W. This has also been provided to show that the FEMA. floodway widths at sections V & W closely compare to the 1" — 100 -ft enlarged plan of the floodway study. To further delineate the floodway channel widths at the proposed driveway crossing, the map was Revised Submittal, 2nd i.. rdge at East Channel 4451 County Road 117 Project 2/612006 Page 2 of 3 enlarged again to a scale of 1" = 50 -ft to allow accurate measurement of the floodway channels at the proposed crossings. The east channel is measured at 12 -ft and the west channel at 30 -ft. Next the Dec 2005 driveway crossing plan has been provided at the same scale of 1"=50 -ft. The driveway plan was overlain on the 1" .— 50 -ft floodway map (attached). This overlay shows that the west bridge crossing is successfully spanned by the proposed 40 -ft bridge, however, the east culvert crossing is inappropriate and does not meet the criteria of Section 6.09.01(1). Therefore, the east crossing has been redesigned to provide a 15 -ft bridge span to cross the FEMA floodway channel. The redesign plan is provided in a 1" = 50 -ft scale, it has been overlain on the floodway channel map (attached). The overlay of the redesigned east crossing shows that the span will clear the floodway channel. Actual survey mapping conducted at the site of the west crossing further confirms that the west bridge span will successfully clear the floodway channel as well as the 100 year flood plain. The revised drawings FPO.0 through FP 1.4 where provided to help clarify the accuracy of the existing topography in the area of the proposed bridge plan. In addition, the 15 -ft east channel bridge span has been shown to clarify the channel and design. In response to Staff and Mr. Michael Erion of Resource Engineering Inc. recommendations this revised submittal has been prepared. This letter package should clarify questions associated with the December 2, 2005 Special Use Permit application as revised and additional information. The revised plan still places fill within the flood fringe area, however, the plan will comply with Section 6.09.02 of the County Floodplain Regulations. Therefore, the plan will still require approval of a Special Use Permit and approval by the BOCC. The attached design and documents now provides data that indicates no impact should occur to the flood plain or waters of four mile creek. Discharge calculations for both east and west channels will be forthcoming upon staff review of the attached information. No where will water be restricted or flood levels changed by construction of the driveway or any other structure proposed on the property. We appreciate the time and efforts of the County review staff and look forward to meeting with the Board of County Commissioners for the public hearing and approval of this Special Use Permit on Feb 6, 2006. If you have any questions or desire additional information, please do not hesitate to call Donald J. Berger, P.E. at (970) 948-6114. Sincerely, Donald J. (. -rger, 0451 Canyon Creek Dr. Glenwood Springs, CO 81601 (970) 948-6114 Cell (970) 945-5333 Off. 2/6/2006 9:28:42 AM C:1Documents and Settingsldonber\My Documents\Berger House Plans14 Mile Ranchl2nd Bridge 2-5-06.doc Revised Submittal, 2' ,ridge at East Channel 4451 County Road 117 Project 2/6/2006 Page 3 of 3 Attachments FEMA Floodway Study Map 1"= 400 -ft scale with Floodway highlighted; Excerpts from the "Flood Insurance Study" Garfield County, Colorado Unincorporated Areas, dated January 3, 1986 prepared for FEMA; FEMA Floodway Study Map 1"= 100 -ft scale with Floodway highlighted; FEMA Floodway Study Map 1"= 50 -ft scale with Floodway highlighted with Floodway Channel widths; Dec 05 Access driveway alignment & design plan at 1" = 50 -ft scale; Design Overlain on highlighted Floodway map at 1" = 50 -ft scale; Revised Feb 06 Access driveway alignment & 15 -ft bridge span design at 1" = 50 -ft scale; Feb 06 Revised Design overlain on highlighted Floodway map at 1" = 50 -ft scale; Revised Floodplain Section Drawings FPO.0 through FPI.4 2/6/2006 9:28:42 AM C:1Documents and Settingsldonber\My Documents93erger House Plans14 Mile Ranchl2nd Bridge 2.5-06.doc REPLY TO ATTENTION OF Regulatory Branch DEPARTMENT OF THE ARMY U.S. ARMY ENGINEER DISTRICT, SACRAMENTO CORPS OF ENGINEERS COLORADO/GUNNISON BASIN REGULATORY OFFICE 400 ROOD AVENUE, ROOM 142 GRAND JUNCTION, COLORADO 81501-2563 May 11, 2006 (200575550) Mr. Donald J. Berger, P.E. Berger Engineering 0451 Canyon Creek Drive Glenwood Springs, Colorado 81601 Dear Mr. Berger: We are responding to your April 17, 2006, request for a Department of the Army permit for your driveway access over Fourmile Creek. The project involves activities, including discharges of dredged or fill material, in waters of the United States to construct a single lane bridged/culverted crossing over two linear sections of Fourmile Creek. The project site is located at Fourmile Creek within Section 10, Township 7 South, Range 89 West, Latitude 39° 27' 55.7", Longitude 107° 19' 22.2", Garfield County, Colorado. Based on the information you provided, the proposed activity in approximately 0.03 acre of wetlands is authorized by Nationwide General permit (NWP) number 14. Your work must comply with the general terms and conditions listed on the enclosed NWP information sheets and the following special conditions: 1. To document pre and post -project construction conditions, you shall submit pre -construction photos of the project and mitigation sites prior to project implementation and post - construction photos of the project and mitigation sites within 30 days after project completion. 2. To mitigate for the loss of 0.03 acre of waters of the United States and indirect effects to 0.05 acre of waters of the United States, you shall construct 0.06 acre of wetland and riparian alder/dogwood community within the on-site preserve as proposed in your wetland mitigation plan. You shall also restore the 0.05 acre of temporary impacted wetlands in accordance with your proposal. You shall construct the compensatory mitigation and restore the temporary impact areas prescribed by this plan concurrently with, or in advance of, the start of construction of the authorized/permitted activity. d BASE FLOOD WATER SURFACE ELEVATION WITHOUT WITH REGULATORYI FLOODWAY f FLOODWAY 1 INCREASE (FEET ff NGVD) O m Tr N ul 01 O O r -r u) O m N rn CO O O O O O N;(1 r` d' 00 r1 CD O O O O CD HC) O ri O CD 0 0 0 a r# C7 0 0 CD 0 0 0 CD tO .1' ri ul V' CO C ) N r♦ C) tO m CO d' m N m V' ri O to O1 C 41 1U O O N tO CO r` CD O M tD Cn r-! tO r1 r- m u) CO up un tO Cr Tr O tO '-I H O N co t0 CO OD N N O r1 N 41 CI) N m M to N CO C) C) N, U) MD 0) C? Q) 01 0) 0 0 0 r1 H N N N N N m m m m m M M M Vt Tr C Tr to VI li 1 Ul 1p lD tO tO to tD 10 17 lO tD )D to to to tO 47 UD lO W tO tO to tO tO H r` M C) 01 CA N O V' tO ul 10 u) 01 d' m V' ri O u) CO d' CO Cl N 01 N u1 00 tD r- O N tO Cil O UD m tD N d' CO un u) VD 01 V' CO U) .-A CD CT N 03 to CO CO N N O r-1 N ul C ) N m m to r- 00 CA rn N U) t0 O) CD CD Cil 01 O O O r-1 rf N N N N N M m m m m m on m d' V' V' Tr to ul ul 0 tO 40 tD tO tO tO tD tD LAD VD t0 VD tO II) tO tO LO tO tO tO VD tD to VD H N m Cl C4) 0) N O 1' to ul tO u) O1 V' M ' rl O 41 N V' OD N N 01 N u1 CO tO r` O N LO Cr, O VD m tp N d. CO u) 41 VD C41 Tr O u1 r1 CD C) N CO to CO CO N N O r-1 N til C4) N m m VD N m C) C4) N u) 10 CR O CO 0) 0) 0 0 0 r1 rl N N N N N m m m M M M 01 m d' Tr V' V' u) ul ul 41 to t0 tD tO tO tO tO to LID to to WD LO to to lO t0 t0 to to tD to tD FLOODWAY MEAN VELOCITY (FEET PER SECOND) O N Tr VP C3) m r• H ul r- CO to O r•i .-I m r• O m on ul M cr m u) 0) CT N O rA tO m r -I 00 r -I r` r-1 O r4 C41 CO V' C11 CO V' r{ Tr C0 O 111 O CT rk rH rl r-1 r-1 rH ri H ri r1 SECTION AREA (SQUARE FEET) 41 til u) O 1p ri O m N M N 01 N M V' m V' tO t0 C) H C) CO M N Co U) r4 m N Ch m N r` N V' 01 m N ul d+ N d' r- 00 O r` V' r4 10 rH r-1 ri r-1 r1 r-1 'D 1-4 rH rH r1 Ul r♦ ri H r1 m r-1 r1 N r1 N r1 ri N H r-1 xH EN H, r-, 44 Q1 u1 N CO N 01 to m o Na) tO N O' H H CR r-1 N o O r♦ rH O N ul N N m N tO 01N a' m CN C- m m m r• '0' m m r."1 C4 u1 VD M ul m rV r1 H FLOODING SOURCE ri W C3 N H O 0 0 0 0 0 0 0 u1 to O O 0 0 0 ti 1 0 0 0 0 0 0 0 0 ui 4f1 O r^ V' CO 01 N m r^ co m Ch N N r` O Tr m N m O M tO tD u1 ul m ul r- m m ul r- co H u) N d' 41 41 41 ul 41 VD u1 m 01 m m O1 tD r- m 4n HN�sr 0143r+Comm CA CDriririNNNMr+ m .1, Tr idol r-1 r1 rd ri rl r1 r1 ri rH rH rl r-1 r4 rA CROSS SECTION 41) Co) W 4 W U C] k} W C7 pC H r7 x a Z o n, CY P4 N C4 7> , x» N 0 u n W FLOODWAY DATA FOURMILE CREEK FEDERAL EMERGENCY MANAGEMENT AGENCY 0 Zo- o -w F. a Z • W O Q U ix O d J CC GJ O lL U Z Q Z TABLE 2 BERGERli► Engineering Garfield County Building & Planning Department 108 8trh Street, Suite 201 Glenwood Springs, Colorado 81601 Phone (970) 945-8212, Fax (970) 384-3470 Attn: Mr. Fred Jarman May 20, 2006 Re: Transmittal of the UASCOE NWP14 Trans, Special Use Permit Application, Access Driveway Construction, 4451 County Road 117, 4 -Mile Creek Road, Glenwood Springs, Colorado Fred: This letter and package has been prepared to provide the county with the USACOE NWP14 Permit approval associated with the access driveway across fourmile creek at 4451 Cty Rd 117. In accordance with the Feb 21, 2006 BOCC letter (attached) item #3, the "approval from the US Army Corps of Engineers". The attached USACOE letter has been highlighted showing approval via the NWP14. Item #1 of the BOCC Letter will be adhered to during construction of the access driveway, unless field conditions require modification. If field conditions dictate, you will be informed ASAP. Item #2 will also be adhered to during construction as well, the services of a CDOT bridge engineer (Mr. Pete Mertes) have been retained to assist in evaluation of the design and construction of the bridge structures. The current design meets HS20 loading criteria. We appreciate the time and efforts of the County review staff and look forward to receiving the written Special Use Permit from Garfield County in the near future. If you have any questions or desire additional information, please do not hesitate to call Donald J. Berger, P.E. at (970) 948- 6114. Sincerely, Donald J. Be , P.E. 4451 Cty Rd 1 Glenwood Springs, CO 81601 (970) 948-6114 Cell (970) 945-5333 Off. RECEIVED MAY 2 2 2006 GARFIELD COUN 1 Y BUILDING & PLANNING 5/22/2006 9:09:45 AM C:IDoeuments and Settings\donber\My Documents\Berger House Plans14 Mite Ranch\GC Trans COE NWP14 5-20- 06.doc Garfield County February 21, 2006 Donald J. Berger, P.E. 0451 Canyon Creek Drive Glenwood Springs, Colorado 81601 Re: Floodplain Special Use Permit application Dear Mr. Berger, BUILDING & PLANNING DEPARTMENT As you are aware, on Tuesday, February 21, 2006, the Board of County Commissioners approved the request for a Floodplain Special Use Permit for your property in order to cross Four Mile Creek with two bridge sections with the following conditions: 1. That all representations made by the Applicant in the application and as testimony in the public hearing before the Board of County Commissioners shall be considered conditions of approval, unless specifically altered by the Board of County Commissioners. 2. 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. 3. The Applicant shall provide the County with an approval from the US Army Corps of Engineers stating that the bridge spans have been approved prior to the County's issuance of a Special Use Permit. As you are also aware, the County will not issue the Special Use Permit until all of the applicable conditions listed above have been satisfied. I look forward to working with you so that these conditions can be met within the next 120 days. Do not hesitate to contact this office in the event you have any questions. Very truly yours, Fred A. Jarman, MCP Assistant Planning Director 970.945.8212 108 8th Street, Suite 201, Glenwood Springs, Colorado 81601 (970) 945-8212 (970) 285-7972 Fax: (970) 384-3470 REPLY TO ATTENTION OF DEPARTMENT OF THE ARMY U.S. ARMY ENGINEER DISTRICT, SACRAMENTO CORPS OF ENGINEERS COLORADO/GUNNISON BASIN REGULATORY OFFICE 400 ROOD AVENUE, ROOM 142 GRAND JUNCTION, COLORADO 81501-2563 May 11, 2006 Regulatory Branch (200575550) Mr. Donald J. Berger, P.E. Berger Engineering 0451 Canyon Creek Drive Glenwood Springs, Colorado 81601 Dear Mr. Berger: We are responding to your April 17, 2006, request for a Department of the Army permit for your driveway access over Fourmile Creek. The project involves activities, including discharges of dredged or fill material, in waters of the United States to construct a single lane bridged/culverted crossing over two linear sections of Fourmile Creek. The project site is located at Fourmile Creek within Section 10, Township 7 South, Range 89 West, Latitude 39° 27' 55.7", Longitude 107° 19' 22.2", Garfield County, Colorado. Based on the information you provided, the proposed activity in approximately 0.03 acre of wetlands is authorized by Nationwide General permit (NWP) number 14. Your work must comply with the general terms and conditions listed on the enclosed NWP information sheets and the following special conditions: 1. To document pre and post -project construction conditions, you shall submit pre -construction photos of the project and mitigation sites prior to project implementation and post - construction photos of the project and mitigation sites within 30 days after project completion. 2. To mitigate for the loss of 0.03 acre of waters of the United States and indirect effects to 0.05 acre of waters of the United States, you shall construct 0.06 acre of wetland and riparian alder/dogwood community within the on-site preserve as proposed in your wetland mitigation plan. You shall also restore the 0.05 acre of temporary impacted wetlands in accordance with your proposal. You shall construct the compensatory mitigation and restore the temporary impact areas prescribed by this plan concurrently with, or in advance of, the start of construction of the authorized/permitted activity. 3. You must sign and return the enclosed Compliance Certification to this office within 30 days after completion of the work. This verification is valid until the NWP is modified, reissued, or revoked. All of the existing NWPs are scheduled to be modified, reissued, or revoked prior to March 18, 2007. It is incumbent upon you to remain informed of changes to the NWPs. We will issue a public notice when the NWPs are reissued. Furthermore, if you commence or are under contract to commence this activity before the date that the relevant NWP is modified or revoked, you will have twelve (12) months from the date of the modification or revocation of the NWP to complete the activity under the present terms and conditions of this NWP. Please refer to identification number 200575550 in correspondence concerning this project. If you have any questions, please contact Mr. Mark Gilfillan of this office, email Mark.A.Gilfillan@usace.army.mil, or telephone (970) 243-1199, extension 15. You may also use our website: www.spk.usace. army.mil/regulatory.html. Sincerely, Ken cacobson Chief,S0orado/Gunnison Basin Regulatory Office Enclosures Copies furnished without enclosures: Mr. Larry Robinson, Rangeland Resources, 49 Pinion Drive, Glenwood Springs, Colorado 81501 Mr. Mark Bean, Garfield County, 108 8th Street, Suite 201, Glenwood Springs, Colorado 81601