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Home My WebLink About1.1 Supplemental ApplicationGarfield County Building and Planning Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-county.com LAND USE CHANGE PERMIT APPLICATION FORM TYPE OF APPLICATION Owner/Applicant Name: Kelly Porter Phone: ( 970 ) Administrative Review • Location and Extent Review • Limited Impact Review IP Development in 100 -Year Floodplain Major Impact Review ■ Designation of Flood Fringe/Floodway • Amendments to an Approved LUCP IN Rezoning Physical/Street Address: 2860 County Road 315 Silt, Colorado 81652 LIR ■ MIR A SUP ■ Zone District 0 PUD 0 PUD Amendment ■ Minor Temporary Housing Facility • ULUR Text Amendment • Vacation of a County Road/Public ROW 1 Land Use Code Text Amendment • Pipeline Development A Appeal of Administrative Interpretation • Comprehensive Plan Amendment, Minor r 1041 Regulations • Comprehensive Plan Amendment, Major ■ Variance INVOLVED PARTIES Owner/Applicant Name: Kelly Porter Phone: ( 970 ) Mailing Address: 2860 CR 315 City: Silt State: CO Zip Code: 81652 E-mail: kellyporter@fullerfieldservices.com Representative (Authorization Required) Name: Gregory Shaner Phone: ( 970 ) 625-4933 Mailing Address: PO Box 1301 165 City: Rifle State: CO Zip Code: 8164- E-mail: shaner@coloradorivereng.com E-mail: -----------------------------------------___--------- -----____..._-- PROJECT NAME AND LOCATION Project Name: Kelly Porter Small Contractor Yard Assessor's Parcel Number: 2 1 7 9 2 9 1 0 0 7 1 5 Physical/Street Address: 2860 County Road 315 Silt, Colorado 81652 Legal Description: See Attached Description Zone District: Residential Property Size (acres): 35 acres Project Description Existing Use: Agricllural with Residential Proposed Use (From Use Table 3-503): Contractors Yard, Small Description of Project: The applicant is requesting the permitting of a small contractor yard (less than 5 acres) for the storage of equipment and machinery used with the oil & gas industry. REQUEST FOR WAIVERS Submission Requirements B The Applicant requesting a Waiver of Submission Requirements per Section 4-202. List: Section: Landscape Plan Section: Traffic Study Section: Wastewater Treatment Plan Section: Water Supply Plan * See Application for additional requests Waiver of Standards 0 The Applicant is requesting a Waiver of Standards per Section 4-117. List: Section: Section: Section: Section: I have read the statements above and have provided the required attached information which is correct and accurate to the best of my knowledge. Signatur9„64roperty Owner Date 7(7 -/e) OFFICIAL USE ONLY File Number:6RP F - 3. 015 Fee Paid: $ PAYMENT AGREEMENT FORM GARFIELD COUNTY ("COUNTY") and Property Owner ("APPLICANT") Kelly Porter agree as follows: 1. The Applicant has submitted to the County an application for the following Project: The Kelly Porter Small Contractor Yard 2. The Applicant understands and agrees that Garfield County Resolution No. 98-09, as amended, establishes a fee schedule for each type application, and the guidelines for the administration of the fee structure. 3. The Applicant and the 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. The Applicant agrees to make payment of the Base Fee, established for the Project, and to thereafter permit additional costs to be billed to the Applicant, The 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, the Applicant shall pay additional billings to the County to reimburse the County for the processing of the Project. The Applicant acknowledges that all billing shall be paid prior to the final consideration by the County of any Land Use Change or Division of Land. I hereby agree to pay all fees related to this application: Billing Contact Person:Kelly Porter Phone: ( ) Billing Contact Address: 2860 County Road 315 City: Silt State: CO zip Code: 81652 Billing Contact Email: kellyporter@fullerfieldservice.com Printed Name of Person Authorized to Sign: KeIIy Porter June 6, 2013 (Signature) (Date) COLORADO WER ENGINEERING INCORPORATED May 24, 2013 Garfield County Building & Planning Department Attn: Glenn Hartmann, Senior Planner 108 Eighth Street, Suite 401 Glenwood Springs, CO 81601 Email: ghartmann@garfield-countv.com RE: CRE Job #967 — Kelly Porter Small Contractor Yard Administrative Review (GAPA-7455) Response Dear Glenn: We have prepared this letter in response to your administrative review letter dated January 18, 2013 for Kelly Porter's Small Contractor Yard application. We appreciate the County's patience as we tried to resolve some of the larger development concerns. As we have discussed, the Applicant has made the decision to include the existing hay barn with this application for small machinery and equipment storage. It is understood that to use the hay barn for storage purposes, a building permit for a garage is required. The Applicant will provide the required documents to the County in a separate submittal as a condition of approval. Items that needed further attention prior to determination of technical completeness from your Administrative Review have been addressed with our responses (listed in blue, italic text) below. 1. Please provide a copy of a deed demonstrating ownership of the property and information on any mineral rights owners (names and addresses) for public notice purposes. Commonwealth Title Company of Garfield County, Inc. was contracted for an updated title commitment and to perform research on the mineral rights owners for the property. We have included the commitment and Commonwealth Title's Mineral Owner Letter as attachments. 2. The vicinity mapping you have provided should be expanded to include a larger area (i.e. approximately three miles) surrounding your property. As part of the Impact Analysis (Section 4-203.G) your submittals should also include a listing of adjacent land uses within 1500 ft. P.O. Box 1301 'Rifle, Colorado 181650 11 Page COLORADO RIVER EN€1NEE.R1Ne 1Z CORPURA1ItD A new vicinity map has been prepared for the property and is attached to this letter. The zoning map from Garfield County was researched and adjacent properties within 1500 ft are all classified as Rural Zoning (also noted on the vicinity map). 3. Based on your submittals, the following waiver requests should be added to the submittals: • Impact Analysis — Natural Features, Soils Characteristics, Geologic Hazards, Groundwater and Aquifer Recharge Areas. • Impact Analysis — Environment Impacts (wildlife, habitat, etc.) • Erosion & Sediment Control Plan (the plan provided should be adequate, just doesn't address all of the code requirements — Section 4-203.E) The Applicant requests a waiver from the following land use resolution submittal requirements located in Article IV Standards: • A waiver for an Erosion & Sediment Control Plan in Section 4-203.E is requested due to the existing site disturbance from agricultural machinery and hay production storage and minimal site improvements necessary for the Small Contractor Yard operations. Reference the Erosion Control/Revegetation Plan (attached) for temporary BMP's that are to be installed. • A waiver for an Impact Analysis located in Section 4-203.G for Site Features, Soils Characteristics, Geology and Hazard, Groundwater and Aquifer Recharge Areas, Environmental Impacts, Nuisance, and Reclamation Plan due to the existing site disturbance from agricultural machinery and hay production storage, and minimal site improvements necessary for the Small Contractor Yard operations. The waiver requests from the original application have been provided below for reference as inclusion to this letter. • A waiver for the Pre -Application Conference Summary Letter from Section 4- 101.A based on email and phone correspondence with the Applicant and Planning Director • A waiver for areas with Archaeological, Paleontological or Historical importance due to the existing site disturbance from agricultural machinery and hay production storage, and minimal site improvements necessary for the Small Contractor Yard operations. P.O. Box 1301 I Rifle, Colorado 181650 21 Page COLORADO RWER ENGINEERING IZ C0RP0IiATED • A waiver regarding Traffic Study requirements from Section 4-203.L for the Small Contractor Yard. The Small Contractor Yard is located on County Road 315 which has a significant amount of traffic and oil & gas related travel. The County Road is currently a major haul route designated by Garfield County for traffic connecting to Dry Hollow and Divide Creek areas. The yard will have no employees and the minimal usage to load or unload will not be an impact on the County Road traffic. The driveway to the contractor yard has already been reviewed and approved by Garfield County Road and Bridge at the time the agricultural building was installed. • A waiver regarding the drainage component of the review. The site is currently disturbed and the contractor yard will utilize the existing grading, swale and ponding location to direct water prior to the discharge of water from the site. if the contractor yard is expanded to its maximum potential, the Applicant will provide a drainage letter along with the grading plans for a grading permit application through Garfield County. • A waiver regarding the Water Supply and Wastewater Plan from Section 4- 203.M. The yard will have no full time employees, and no one onsite other than for the loading or unloading of equipment, and the need for water or wastewater is not necessary. • Waiving an improvements Agreement from Section 4-203.K since there are no improvements of significance being performed. • A waiver regarding the Landscape Plan requirements from Section 4-203,F in lieu of the use of a revegetation plan for disturbed areas of the property. 4. The drainage and erosion control plans for the site should address the size and adequacy of the sediment/water quality collection location. Attached is an updated Site Plan and Erosion Control/Revegetation plan to include a proposed sediment pond at the water quality collection point. Supporting criteria calculations for a similar sand filter design through the Urban Drainage and Flood Control District have been included to justify the sizing of the sediment pond. 5. Your verbal description of the areas of the site to be used for the contractor's yard and storage was most helpful. To facilitate the review process, please add to the site plan a graphic designation or notes indicating the storage areas including the location of vehicular movement and circulation areas. P.O. Box 1301 I Rifle, Colorado 181650 Wage COLORADO RIVER ENG 1NEER 1NC� INCORPORATED The site plan (attached) has been updated to include the desired notes on storage areas including vehicular movement and circulation areas. 6. Although not completeness issues, additional information on the potential fuel storage (size and containment), type of fencing, gates or security proposed, and relationship to the existing agricultural uses (i.e. the hay shed) would be beneficial for the review process. The site plan (attached) has been updated to include potential fuel storage size and containment. There is no fencing, gate installation, or security measures proposed at this time. It is anticipated any fencing will be consistent with what is existing, conventional 4 -strand barb wire with agricultural 6 panel gates. Security measures would most likely be by padlock. No security fencing or electronic surveillance (such as nighttime security lighting) is proposed. If you have any questions, please do not hesitate to call at 970-625-4933. lig Best Regards, Gregory G. Shaner, P.E. Principle Engineer 11 w:\crejobfiles\967-porter\porter admin review response.docx P.O. Box 1301 I Rifle, Colorado 181650 41 Page i 1 I A\ t • .-. 'I. 1 \ ' A c r-c) s ,S1 , . - .- 1 ..-4 v 4 L ri A(.... '..) I • \7-' ' ."' r , 5- -X-1_,. , , .,:f <1,.... ri 7,t;,,,,;;; "),-.-1L117,14s_. ...i•-•._, --- 1.---,,,..._,..--.-: - . N ,-:‘- . ,-• ! ;..tt f, (6.3t--. " ‘. '• ' • ''' . •4,,,-c.'",\. , , ‘,, ,. rth.r4; 1,,,,,/ 1 „,.., ,... • , • 1 ' - . 3,;,.' . ,, ., - . _..,„_;), ,.: -I,-,,,? -,, I. iv.,.,...:?- ' . ., i _ • ,,,,,i4, .e-- , c, .--• i • • ..? .; • ., Silt i t:j'c'Zr•'"'" ' CO '4. 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'4 ' DO R. rtiER POBox 1301 Rifle, CO 81650 Tel 970-625-4933 Porter Small Contractor Yard General Vicinity Map Figure: ENGINEERING File Name: Mapping.dwg Job No: CRE-967 Client: iNc,,,,,..iso.,,:n Drawn by: KTS 'Approved by: GGS Date: 5/14/13 Kelly Porter COMMITMENT FOR TITLE INSURANCE SCHEDULE A File No. 1303017 1. Effective Date: March 13, 2013 at 7:59 AM 2. Policy or Policies to be issued: (a) ALTA OWNER POLICY (ALTA 6-17-06) Proposed Insured: (b) ALTA LOAN POLICY (ALTA 6-17-06) Proposed Insured: N/A 3. The Estate or interest in the land described or referred to in the Commitment and covered herein is Fee Simple and is at the effective date hereof vested in: Kelly L. Porter 4. The land referred to in this Commitment is situated in the County of Garfield, State of Colorado and described as follows: See Attached Exhibit "A" COUNTERSIGNED: TITLE CHARGES Owner's Policy Standard Coverage $100.00 Owner's Extended Coverage N/A Tax Certificate N/A American Land Title Association Schedule A (Rev'd 6-06) Authorized Officer or Agent Valid Only if Schedule B and Cover Are Attached Issuing Agent: Commonwealth Title Company of Garfield County, Inc. 127 East 5th Street Rifle, CO 81650 File No. 1303017 EXHIBIT "A" A tract of land situated in the NEVI of Section 29, Township 6 South, Range 92 West of the 6th P.M. being more particularly described as follows: Beginning at a point on the Easterly right of way of County Road 315 whence the South Quarter of said Section 29 bears South 19°38'00" East 3166.02 feet; thence along said Easterly right of way North 02°37'41" West 185.34 feet; thence North 00°54'08" West 339.69 feet; thence along a curve to the left with an arc length of 213.61 feet, a radius of 1042.00 feet, a central angle of 11°44'44", a chord bearing of North 06°46'30" West a chord length of 213.23 feet, thence North 12°38'51" West 332.99 feet; thence along a curve to the left with an arc length of 284.22 feet, a radius of 672.60 feet, a central angle of 24°12'40", a chord bearing of North 24°46'28" West a chord length of 282.11 feet, thence along a curve to the right with a arc length of 134.91 feet, a radius of 460.02, a central angle of 16°48'10", a chord bearing of North 28°27'32" West a chord length of 134.42 feet thence departing said right of way South 88°00'46" East 314.20 feet; thence South 32°51'30" East 262.83 feet; thence North 89°20'31" East 84.74; thence North 28°54'11" East 96.72 feet; thence North 48°36'38" East 164.87 feet; thence North 50°41'31" East 140.49 feet; thence North 69°06'08" East 199.39 feet; thence South 66°43'14" East 216.29 feet; thence South 31°4755" East 452.38 feet; thence South 37°01'15" East 170.42 feet; thence South 87°46'44" East 238.87 feet; thence North 81°52'31" East 196.68 feet; thence South 00°18'59" West 100.22 feet; thence South 66°1425" West 263.931 feet; thence South 61°4928" West 251.49 feet; thence South 55°49'28" West 263.70 feet; thence South 55°19'49" West 460.22 feet; thence South 67°21'59" West 439.90 feet; thence South 73°02'05" West 229.14 feet to the Point of Beginning. File No. 1303017 SCHEDULE B - SECTION 1 The Following are the requirements to be complied with prior to the issuance of said policy or policies. Any other instrument recorded subsequent to the date hereof may appear as an exception under Schedule B of the policy to be issued. Unless otherwise noted, all documents must be recorded to the office of the Clerk and Recorder of the County in which said property is located. Note: When the details of this transaction are revealed, the Company reserves the right to make additional requirements and/or exceptions. NM 6 American Land Title Association Commitment Schedule B - Section 1 - Form 1004-5 DISCLOSURES Colorado Division of Insurance Regulation 3-5-1, Article 7, Paragraph G requires that "Every title insurance company shall be responsible to the proposed insured(s) subject to the terms and conditions of the title insurance commitment, other than the effective date of the title insurance commitment, for all matters which appear of record prior to the time of recording whenever the title insurance company, or its agent, conducts the closing and settlement service that is in conjunction with its issuance of an owners policy of title insurance and is responsible for the recording and filing of legal documents resulting from the transaction which was closed." Provided Commonwealth Title Insurance Company of Garfield County, Inc. conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lenders Policy when issued. NOTE: Exception No. 4 of Schedule B - Section 2 of this Commitment may be deleted from the Owner's Policy to be issued hereunder upon compliance with the following conditions: A. The land described in Schedule A of this Commitment must be a single family residence, which includes a condominium or townhouse unit. B. No labor or materials may have been furnished by mechanics or materialmen for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C. The Company must receive appropriate affidavits indemnifying the Company against all unfiled mechanic's and materialmen's liens. D. Any deviation from conditions A through C above is subject to such additional requirements or information as the Company may deem necessary; or, at its option, the Company may refuse to delete the exception. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. Pursuant to C.R.S. §10-11-122, notice is hereby given that: A) The subject real property may be located in a special taxing district. B) A Certificate of Taxes Due listing each taxing jurisdiction may be obtained from the County Treasurer's authorized agent. C) The information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. D) The company will not issue its policy of policies of title insurance contemplated by the commitment until it has been provided a Certificate of Taxes due or other equivalent documentation from the County Treasurer or the County Treasurer's authorized agent; or until the Proposed Insured has notified or instructed the company in writing to the contrary. C.R.S. §30-10-406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right, and bottom margin of at least one half of an inch. The clerk and recorder may refuse to record or file any document that does not conform, except that, the requirement for the top margin shall not apply to documents using forms on which space is provided for recording or filing information at the top margin of the document. Pursuant to C.R.S. § 10-11-123, notice is hereby given: This notice applies to owner's policy commitments containing a mineral severance instrument exception, or exceptions, in Schedule B, Section 2. A) That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and B) That such mineral estate may include the right to enter and use the property without the surface owner's permission. If the transaction includes a sale of the property and the price exceeds $100,000.00, the seller must comply with the disclosure/withholding provisions of C.R.S. §39-22-604.5 (Nonresident withholding). Pursuant to C.R.S. §38-35-125(2), no person or entity that provides closing and settlement services for a real estate transaction shall disburse funds as a part of such services until those funds have been received and are available for immediate withdrawal as a matter of right. C.R.S. §39-14-102 requires that a real property transfer declaration accompany any conveyance document presented for recordation in the State of Colorado. Said declaration shall be completed and signed by either the grantor or grantee. Nothing herein contained will be deemed to obligate the company to provide any of the coverages referred to herein unless the above conditions are fully satisfied. File No. 1303017 SCHEDULE 13- SECTION 2 Schedule B of the Policy or Policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the company: 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 heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this commitment. 6. Any and all unpaid taxes, assessments and unredeemed tax sales. 7. Any lien or charge on account of the inclusion of subject property in an improvement district. 8. Any and all water rights, claims, or title to water, whether or not the matters excepted are shown by the public record. 9. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted and a right of way for ditches or canals as constructed by the authority of the United States, as reserved in United States Patent recorded November 28, 2008 in Book 73 at Page 14 and May 4, 1937 in Book 112 at Page 618. 10. Undivided one-half interest in all oil, gas and mineral rights as more particularly described in deed recorded December 31, 1953 in Book 274 at Page 298, and any and all interests therein or assignments thereof. 11. Undivided one-half interest in all oil, gas and mineral rights as more particularly described in deed recorded October 27, 1954 in Book 280 at Page 477, and any and all interests therein or assignments thereof. 12. Undivided one-half interest in all oil, gas and mineral rights as more particularly described in deed recorded October 27, 1954 in Book 280 at Page 479, and any and all interests therein or assignments thereof. 13. Easement and right of way for any existing irrigation ditches, laterals, canals or pipelines. 14. Undivided one-half interest of all mineral and mineral rights as more particularly described in deed recorded June 27, 1960 in Book 326 at Page 520 and any and all interests therein or assignments thereof. 15. Mineral reservations as described in deed recorded January 22, 1962 in Book 338 at Page 551 and any and all interests therein or assignments thereof. 16. Reservation of all mineral and mineral rights as described in deed recorded February 10, 1994 in Book 892 at Page 390, and any and all assignments thereof or interests therein. 17. Reservation of a non-exclusive easement and right of way for the operation, use, maintenance and repair of an existing Multi Trina Lateral as more particularly described in deed recorded February 10, 1994 in Book 892 at Page 390. 18. Terms and conditions of Agreement and Grant of Ditch Easement by and between Eric C. Porter, Marilyn Porter, Joseph E. Weinreis and Velma Weinreis recorded December 31, 1996 in Book 1005 at Page 196. 19. Terms and conditions of Holy Cross Energy Contract for Electric Service recorded April 5, 2000 in Book 1180 at Page 816. 20. Deed of Trust from Kelly L. Porter to the Public Trustee of Garfield County for the use of Bank of America, N.A., showing an original amount of $184,000.00, dated September 27, 2010 and recorded September 28, 2010 as Reception No.792097. NOTE: EXCEPTION(S) N/A WILL NOT APPEAR IN THE POLICY TO BE ISSUED HEREUNDER. The Owners Policy of Title Insurance committed for in this Commitment, if any, shall contain, in addition to the Items set forth in Schedule B - Section 2, the following items: (1) The Deed of Trust, if any, required under Schedule B - Section 1. (2) Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof. (3) any and all unpaid taxes, assessments and unredeemed tax sales. NOTE: The policy (s) of insurance may contain a clause permitting arbitration of claims at the request of either the Insured or the Company. Upon request, the Company will provide a copy of this clause and the accompanying arbitration rules prior to the closing of the transaction. American Land Title Association Commitment Schedule B - Section 2 Form 1004-12 Commonwealth Title Company of Garfield County, Inc. 127 East 5^. Street Rile, Colorado 81650 Telephone: (970) 625-3300 Facsimile: (970) 625-3305 March 21, 2013 Gregory G. Shaner, PE Colorado River Engineering 136 E. 3rd Street Rifle, Colorado 81650 Re: Mineral Owners; CWT File No. 1303017 Dear Greg: We examined ownership of mineral rights on the Porter parcel (2179 291 00 715) based on the reservations identified in our title commitment number 1303017 and as reflected in recorded documents in the Garfield County Clerk and Recorder's Office for the following parcel: A tract of land situated in the NE% of Section 29, Township 6 South, Range 92 West of the 6th P.M. being more particularly described as follows: Beginning at a point on the Easterly right of way of County Road 315 whence the South Quarter of said Section 29 bears South 19°38'00" East 3166.02 feet; thence along said Easterly right of way North 02°37'41" West 185.34 feet; thence North 00°54'08" West 339.69 feet; thence along a curve to the left with an arc length of 213.61 feet, a radius of 1042.00 feet, a central angle of 11°44'44", a chord bearing of North 06°46'30" West a chord length of 213.23 feet, thence North 12°38'51" West 332.99 feet; thence along a curve to the left with an arc length of 284.22 feet, a radius of 672.60 feet, a central angle of 24°12'40", a chord bearing of North 24°46'28" West a chord length of 282.11 feet, thence along a curve to the right with a arc length of 134.91 feet, a radius of 460.02, a central angle of 16°48'10", a chord bearing of North 28°27'32" West a chord length of 134.42 feet thence departing said right of way South 88°00'46" East 314.20 feet; thence South 32°51'30" East 262.83 feet; thence North 89°20'31" East 84.74; thence North 28°54'11" East 96.72 feet; thence North 48°36'38" East 164.87 feet; thence North 50°41'31" East 140.49 feet; thence North 69°06'08" East 199.39 feet; thence South 66°43'14" East 216.29 feet; thence South 31°47'55" East 452.38 feet; thence South 37°01'15" East 170.42 feet; thence South 87°46'44" East 238.87 feet; thence North 81°52'31" East 196.68 feet; thence South 00°18'59" West 100.22 feet; thence South 66°14'25" West 263.931 feet; thence South 61°49'28" West 251.49 feet; thence South 55°49'28" West 263.70 feet; thence South 55°19'49" West 460.22 feet; thence South 67°21'59" West 439.90 feet; thence South 73°02'05" West 229.14 feet to the Point of Beginning. Glenwood Springs Branch 803 Colorado Avenue Glenwood Springs, Colorado 81601 Telephone: (970) 945-4444 Facsimile: (970) 945-4449 • Page 2 March 21, 2013 As appears from the recorded documents in the Garfield County Clerk and Recorder's Office we examined for the above described parcel, and subject to reservations, exceptions and conditions contained in the United States Patent, easements, rights of way, liens, encumbrances, and all matters whether recorded or not that are not directly related to the severed mineral estate, including, but not limited to, rights of parties in possession, liens, if any, of mechanics and materialmen, zoning and subdivision regulations, and any state of facts which an accurate survey would disclose, title to the mineral rights is vested as follows: Yeakel Mineral Rights Company (QCD Book 1024 at Page 853) c/o Beattie, Chadwick & Houpt 932 Cooper Avenue Glenwood Springs, Colorado 81601 Mabel Ann Fazzi Trust B (Personal Representative's Deed 825187) c/o Freddi Fazzi, Trustee 1240 County Road 214 Silt, Colorado 81652 Carrol Jeanne Ilgen (Decree of Heirship Book 1045 at Page 61) 1070 Laurie Circle Meeker, Colorado 81641 Linda Jane Rosa (Decree of Heirship Book 1045 at Page 61) 6634 North Foothills Drive Tucson, Arizona 85718 James Dean Robinson (Decree of Heirship Book 1045 at Page 61) 4026 West 107th Court Westminster, Colorado 80031 Wendell G. Swanson (Personal Representative's Deed 817992) 17200 West Bell Road, Lot 1159 Surprise, Arizona 85374 Trust of Todd Alan Swanson and Teresa Louise Swanson (Personal Representative's Deed 817992) 17200 West Bell Road, Lot 1159 Surprise, Arizona 85374 ExxonMobil Oil Corporation (SWD Book 892 at Page 390) 16825 Northchase Drive, Suite 200 Houston, Texas 77060 Charles Cavness (Correction Mineral Deed Book 809 at Page 174) 2273 South Fillmore Denver, Colorado 80210 • Page 3 March 21, 2013 Mark S. Dollar, Trustee of the Mark S. Dolar Revocable Trust dated July 21, 2008 Janet K. Dollar, Trustee of the Janet K. Dolar Revocable Trust dated July 21, 2008 (Mineral Deed 753480) 16362 East Montrose Drive Fountain Hills, Arizona 85259-2704 KBL Mineral Company LLC (Mineral Deed Book 1685 at Page 876) Post Office Box 36157 Denver, Colorado 80236-0157 Note: Addresses were taken from most recent recorded document and are not necessarily the owners' most current address. Although we deem this information to be reliable, is not to be construed as an abstract of title, nor an opinion of title, nor a guaranty of title, and the Companies' liability is limited to the amount paid for the mineral examination. We expended 3 hours on this project. As we discussed, our fee for mineral rights ownership is $125.00 per hour. The effective date of this mineral title analysis is March 13, 2013. We will send an invoice separately for the research and commitment. If you have any questions regarding this analysis, please contact me. Sincerely, Patrick P. Burwell Design Procedure Form: Sand Filter (SF) Sheet 1 of 2 Designer: Kyle Sanderson Company: Colorado River Engineering Date: May 14, 2013 Project: Porter Contractor Yard Sand FilterlWater Quality Pond Location: Garfield County, Colorado 1. Basin Storage Volume A) Effective Imperviousness of Tributary Area, la (100% it all paved and roofed areas upstream of sand filter) B) Tributary Area's Imperviousness Ratio (i =11100) C) Water Quality Capture Volume (WQCV) Based on 24-hour Drain Time WQCV=0.9*(0.91.0-1.19"i2+0.78*i) D) Contributing Watershed Area (including sand filter area) E) Water Quality Capture Volume (WQCV) Design Volume Vwocv = WQCV / 12 * Area F) For Watersheds Outside of the Denver Region, Depth of Average Runoff Producing Storm G) For Watersheds Outside of the Denver Region, Water Quality Capture Volume (WQCV) Design Volume H) User Input of Water Quality Capture Volume (WQCV) Design Volume (Only if a different WQCV Design Volume is desired) VWQCVOTHER Vwocv la = 25.0 % i = 0.250 WQCV = 0.12 watershed inches Area = 43,560 sq ft Vwocv = 441 cu ft d6 = 0.35 in = 359 cu ft USER = cu ft 2. Basin Geometry A) WQCV Depth B) Sand Filter Side Slopes (Horizontal distance per unit vertical, 4:1 or flatter preferred). Use "0" if sand filter has vertical walls. C) Mimimum Filter Area (Flat Surface Area) D) Actual Filter Area 0) Volume Provided Dwocv = 3.0 11 Z = 4.00 ft / ft AMS = 80 sq ft A,„ y = 500 sq ft VT = 500 cu ft 3. Fitter Material Choox cl.c O 18" CDOT Class C Filter Material 0 Other (Explain): 4. Underdrain Systemf A) Are underdrains provided? B) Underdrain system orifice diameter for 12 hour drain time i) Distance From Lowest Elevation of the Storage Volume to the Center of the Orifice ii) Volume to Drain in 12 Hours iii) Orifice Diameter, 318" Minimum I Choose One 0 YES ® NO y = N/A ft Vo142 = WA cu ft Dc = N/A in Porter Sand Filter Calcs, SF 5/14/2013, 1:16 PM -a 0 -30 _.X _. 30 X '- ff O SIT 'ON OYOli AlN2103 Otl4M_2, d{tiJ03[2119 _--_-x —X ----- I � /1 \ I a CD 8 104.y 0 aozg 00 i \ // s' / / 1 1 / / k X / x / I /. 1 l/ I / km 0_ «®r ESsa 2m 2 — `-D±3ote -< co. c2 r o_ 0-o— fea G00. mQ 0) 00 E # -cro o =/§2 f/CU5 �&±7' 7133 }e)}. — 03 'oECD) °j2// $2(]g' �\§\ k\0J t\\k/ o 75)31::416. £ -, — )0rD k«j2} �l_ DJ§[ / ƒ§ 3 o_ Sit avol; /11141103 Erosion ControVRevegetation Plan pnA 1OP 12uoD IIemS m N pH- N C+ ud d N A Q m a 0 3 fD o 3 Ol ui -4„ (D n C . II N o D( o <(D c 0 0 (D a CO33 m 2fpinx() 9 0 0 X 3O ---F3---' 30 - 3� _ tlU \ Y aY4'SNOa. ( 6i 2 a> i330 9 gPff SQF ifs `F 1 / f /I I // .. 1 1 i I r / /c /i; \ 1/N. l / / / `\1 l ( / / \ \ 1 1 1 1 / \ .--1 r 1 L r — \ ( / 1 I 1 ( /( j \\ ./ \ \ / r \ /`�� \ \ \ v ( \ \ \ E G1 \ \ m: ---a --. q t Abbreviation Legend Bldg = Building CL = Center Line CMP = Corrugated Metal Pipe Dia = Diameter Dist = Disturbance PHHM = Dry Hollow to Hunter Mesa Elev = Elevation Exist = Existing HP = High Point If = Linear Feet LP = Lcw Point P.O.B. = Point of Beginning Prop = Proposed Sec. = Section SF = Silt Fence sq. ft. = Square Feet STA = station SW = Straw Wattle typ = typical VFBP = Valley Farms to Burckle Pad Index of Sheets 1 Cover Sheet 2 Existing Conditions Total Parcel 3 Existing Conditions Contractor Yard 4 Site & Grading Plan 5 Erosion Control-Revegetation Plan UNCC CALL BEFORE YOU DIG 811 Utility Notification Center of Colorado Adminiskativn Office 303.222.1991 12600 W. Colfax Ave., Suite B-310 Lakewood, Co 80215 BEFORE YOU DIG, GRADE, OR EXCAVATE, CALL 2 -BUSINESS DAYS IN ADVANCE (NOT INCLUDING THE DAY OF NOTIFICATION) FOR THE MARKING OF UNDERGROUND MEMBER UTILITIES. Site Plan Porter Small Contractor Yard Application Administrative Review Situated in the NEL Section 29, Township 6 South, Range 92 West of the 6th P.M., Garfield County, Colorado (Rural Zoning District) General I ncatinn Man Scale: 1" = 2,000' Owner: Engineers: Surveyors: Kelly Porter 2860 County Rood 315 Silt, Colorado 81652 Phone: (970) 876-2705 COLORADO IliE utc4t50 etre COLORADO RIVER ENGINEERING, INC. Gregory G. Shdlier, v. C. halm°, P.O. Box 1301 Rifle, Colorado 81650 Phone: 970-625-4933 Fax: 970-625-4564 PEAK SURVEYING, INC 110 East 3rd Street, Suite #224 Rifle, Colorado 81650 Phone: 970-987-1382 Construction Notes: 1) All improvements to be in accordance with the latest edition of the Garfield County Road & Bridge manual and specifications or as approved by project engineer. 2) Contractor to obtain approval from the road and bridge department for street closure and traffic detour plan or signage. Contractor to obtain property owners association approval on any water or utility system shut down periods and shall notify those property owners affected. 3) Existing conditions survey provided by others and should not be relied upon for construction purposes. Contractor to field verify all existing conditions prior to construction. Any differences between the verified conditions and design plans shall be immediately brought to the attention of the engineer of record. 4) The locations of known underground utilities have been plotted based on utility maps, construction/design plans, as -built surveys, and actual IIeIU iuldliurl) til SUIlle iIISidnl.en. T ilese uwme], dS SIIUwlI, may IRA I epre]eiii atiudi iieiu CU11111iIu11J. ii IS int uespuruibiiiiy ui tilt eul IL dciur iv contact all utility companies for field locations of the utilities prior to construction and to verify depth before the work begins. The contractor is responsible for the protection of all existing utilities during construction. 5) Owner to obtain geotechnical engineering firm to complete construction observation if necessary. Frequency of inspection to be determined by project engineer and in accordance with the road and bridge manual, at a minimum. All fills to be structural, placed and tested to meet geotechnical engineer's specifications and approval. 6) Temporary vegetation shall be installed on all disturbed areas where permanent surface improvements are not scheduled for installation within three months. Vegetation shall be a vigorous, drought tolerant, native species mix. Project scheduling should take advantage of spring or fall planting seasons for natural germination. 7) At all times, the property shalt be maintained and/or watered to prevent wind -caused erosion. Earthwork operations shall be discontinued when fugitive dust significantly Impacts adjacent property. If earthwork is complete or discontinued and dust from the site continues to create problems, the owner/developer shall Immediately institute mitigative measures and shall correct damage to adjacent property. 8) All excavation, trenching and roadway work shall be in compliance with all local, state and tederal regulations. 9) All site grading (excavation, embankment, and compaction) shall conform to the recommendations of the latest soils investigation for this property and shall further be in conformance with Garfield County's Road and Bridge public works manual - latest edition. 10) All temporary and permanent erosion control and sediment control practices shall be maintained and repaired by the owner during the construction phase as needed to assure continued performance of Their intended function. All facilities must be inspected a minimum of every two weeks and following each precipitation or snowmelt event that results In runoff. 11) Storage and parking areas should be covered as early as possible with the appropriate aggregate base course. 12) Cut/fill slopes shall not exceed 2:1 or as recommended by geotechnical engineer. 13) All temporary erosion control measures shall be removed within 30 days after final stabilization is achieved, or after the temporary measurers are no longer effective. 14) Contractor shall field verify existing conditions prior to construction. COLORADO PO Box 1301 Rifle, CO 81650 Tel 970-625-4933 ENG !NEER r N t, Fax 970-625-4564 Porter Parcel Cover Sheet Figure: 1 File Name: CRE -Design Job No: 967 Drawn by: INTL Approved by: [NTL Date: 5/22/13 Client: Porter NE TABLE 989°2031'E 7428.64'II-0 N48.3638 -E 7150'4131'0 N69.0668'E 566°4314'E 5874644'0 N81•52'31'0 490°1859,9 EE .01-+r LI L2 L3 L4 L5 L6 L7 L8 L9 LEN,'H I 84.74 96.72 16487 140.49' 199.30 116.'9 238.ST 196.68 14'120 CURVE TABLE CURVE CI RADIUS 1042.03' LENGTH 213.60 TANGENT CHORD BEARING DELTA C 67+_60 28422 107.11 21320 N06`463039 11°44'47 c9 460.02 134.90 144±6 282.11' 92446281y 34.1241' 67.94' 174.42 r 1001 0' 200' I L Graphic Scale in Feet J 528.2732-E 14.4805 h ;•„ ;1111;.," ('. II 1 I 1 !,I.!''.i'Ifl`•:!,`.,1 3 4"1':\it'I'I NII..ti1"/N21VIiJl('II: K1'' '•.i t "5?''I1,1( .',1-;;1 I ,t. I I:',1„'`, i;I''1 .II Ir.(:•�: i; ',I.( 1 ' r) _'I''I!()1(1i),'' 1'1 1'•\t? , I o 1t1,\l%.1.7:1 1 .t>.:';Il 1 .4>011 (I Y1'.1 [ 4j 3 1JCFP. 114 1},:410961 Al 10 PO Box 1301 Rifle, CO 81650 Tel 970-6254933 Fax 970-625-4564 Porter Parcel Existing Conditions Figure: 2 File Name: CRE -Design Job No: 967 Drawn by: INTL Approved by:INTL Date: 5/22/13 Client: Porter / FLOWLINE 4 I I (Ta) I I I I A S I CiVat( AIN1110.3 I 2 r FENCE (TYR) / /{.1.h" /•-• 1 / 1 1 • i . . / . / I I i II NI- STEEL FRAME BU]LDING I OPEN SIDES • I 286p CR #315 o, p • N- r ' " • • . •\ • so2o-- • st: • ..' : \- -,...\".:"..-..-...:::,,...•.- \ \ \ . -. • . \ -N • • \ \ \ \ \ \ \ ' N... • - \ .--,•.-. -. . -, \ \ ) DJROAD : • •••••.:72 • '.......:-••••: ---- ,....-• -- •:\ -... - ...- ...,',......4,..' t - .... . ' .„....e......... /............„.. 1 - - '--- -" ''' ' - ---,]/---.7.7" •-----..:-:::•-•"-.:-.1:ii , ---- __,.. •-•',/ /j ..--.'\ . - ...... .. - ii ........ ii ,-- •t6. [ 1 1 1 -..., ..... .,... FENCE . -..., • ... (TYR) 6/ j: ....... \ 1 i , ..."- / 1 -...., ..../ / / • . 1' '',,, ,./ 6• ,- \ ..- - ... : MARKER • kft1'.°P'' 1 :N. . 7<.•-:' -- .•‘..-• • ' : I ,--.---r-----' • . • . . . •••,..,: - " • - / • I—FENCE` (TYP.) .• ,,,* f-' \ _ATTIE \ ..- 1 GUARD • \ ...... ,•••1 / / ../ ....' / \\)\:\ NAIL & S.p..teg.tR L.S. N0...1-35-01 (TYP.) TW▪ A EL=5619.85' 12-51 01 501 Graphic: Scale in Feet J COLORADO ENGINEERING ItE9111.,2Q;Cii:17 ,/ • . LowitNa • L PO Box 1301 Rifle, CO 81650 Tel 970-625-4933 Fax 970-625-4564 Small Contractor Yard Existing Conditions File Name: CRE -Design Job No: 967 Drawn by: INTL Approved by: INTL Date: 5/22/13 Figure: Client: Porter Possible fuel storage location for typical 500 gallon elevated diesel fuel tanks. Stored fuel and industry use contaminants to be self contained with 150% spill containment. Existing steel frame building to remain in place for purposes of agricultural and machinery storage. Applicant to submit Building Permit for Storage of materials. Existing 30' wide driveway entrance to remain, Concrete connection with County Road 315 and CMP approved by Garfield County Road & Bridge. oWL..INE If UN(JVO'.i AiJ'U11 OEC .: All temporary parking and storage of equipment will be within the Contractor Yard Limits. Equipment will be placed in areas to allow for vehicle movement in and out the yard. ,I. •c\ \--P.K. NAIL & S1jli4.., L.S Np..;i / \ TBm v: 4.01 nP -fttNvII1J 11,1 h1.1kK 1' Existing Pond/ Low Point water collection location. Proposed sediment pond to be installed. See Sheet 5 25' 0' 50' 1 1 1 Graphic Scale in Feet ;•,' E NE RINEi PO Box 1301 Rifle, CO 81650 Tel 970-625-4933 Fax 970-625-4564 Proposed Small Contractor Yard limits to be consistent with existing fence line of Porter property. See legal description for exact location. Approximately 0.967 acres. Extents of hillside grading varies with storage yard expansion. Cut slope grading not to exceed 3:1 without proper slope protection. rax Provide drainage conveyance ditch 6" deep with 3:1 side slopes to capture and divert flow to the sedimentation basin Possible future storage yard expansion locations. Increase in impervious area approximately 0.180 acres. Small Contractor Yard Site Plan Figure: File Name: CRE -Design Job No: 967 Drawn by: INTL Approved by: INTL Date: 5/22/13 Client: Porter SILT FABRIC STAPLED TO POSTS POST (2° X Y NOMINAL) io tkX 24 MIN. T.24" MIN. 42" MIN. COMPACTED BACKFILL — 6x6° TRENCH 011, SILT FENCE FABRIC ANCHORED IN TRENCH AND ATTACHED FIRMLY TO POST SILT FENCE FABRIC ANCHORED IN TRENCH AND FIRMLYATTACHED TO POST 6'x6° TRENCH FLOW -iw ii ii=i' 1=d= ..=u. • n=1 it=rte iN.; 5 Ii= ,II - SILT FENCE Proposed sediment pond BMP: I 500 sf surface area, ±1 ft deep, ±500 cf volume. Min \iVQCV surface area m 80 sq ft 25% watershed imperviousness 24 hour drain time 0.12 watershed inch WQCV 1 251 01 501 I I I Graphic Scale in Feet { FENCE (T T.) 75.3' j i• II 0 to- 0 STEEL FRAME BUILDING OPEN SiDES 2860 CR #315 •� i6.R' .-_ D1R]N OAD. • s4o ENCE (TY1 ). / =&LGWLINE_ (TYP.) WATERLINE; d • "—P.K.NAIL & S I ER �"y !t / L.S, NGk3"S-01 (T'YP.) i \ f BM"EL 5619.85' f / /` -/ r r. 1 jr i V' / , Il ATTLE\ GUARD FENCE' (TYP.) \ • 1 —5630 v — • — - '- - >i-1�; i.�i.}l .�j,\•��,,1, if �.' J i lii . /j_ ' f-\ ` hill s tel, '`f L Common Name Generic Seed Mix Below 6,500 Feet Elevation Scientific Name "Egan" Americansloughgrass ' Star Lake' Indian ricegrass "Vaughn' Sideoats grama "Arriba" Western wheatgrass o Salado"Alkali sacaton VNi, Grid drnnseed Silt Fence 9 91 Straw Wattle Beckmannla syzigachne Achnatherum hymenoides Bouteloua curtipendula Pascopyrum smithii Sporobolus airoides Sporobolus cryptandrus Lbs PLS/Acre 3 (wet areas, omit if not needed) 78 2 1 Ai temporary and permanent erosion control and sediment control practkes shall be maintained and repaired by the owner during the construction phase as needed to assure continued performance of their Intended function. All facilities must be Inspected a minimum of every two weeks and following each precipitation or snowmelt event that results in runoff. Erosion Control Legend A temporary sediment barrier constructed of posts, filter fabric, and in some cases, a wire support fence placed across or near the toe of a slope or In a minor drainage way to Intercept and detain sediment and decrease flow velocities from drainage areas of limited size; applicable to mitigate erosion from sheet and small concentrated Flows. A temporary sediment barrier constructed of netted straw rolls placed in parallel with grade of slope to Intercept and detain flow to allow sediment to settle. Specifically for sheet flow or shallow concentrated flow. Install per manufacturer's spedficatons. C0LORADO IVE PO Box 1301 Rifle, CO 81650 Tel 970-625-4933 ENGINEERING Fax970-625-4564 f .V9t:YegA tl:o Small Contractor Yard. Erosion Control/Revegetation Plan Figure: File Name: CRE -Design Job No: 967 Drawn by: INTL Approved by:INTL Date: 5/24/13 Client: Porter RIJGIAEii{tlNQ May 24, 2013 Garfield County Planning & Zoning Mr. Fred Jarman 108 Eighth Street, suite 401 Glenwood Springs, Colorado 81601 Email: mailto:frediarman@garfieid-county.com RE: CRE967 e Porter Residence Small Contractor Yard Application Dear Fred: Attached to this letter is the supplemental material for the Small Contractor Yard application for the Kelly Porter property located on County Road 315. Project Narrative: Kelly Porter owns a 35 acres tract of property located at 2860 County Road 315 Silt, Colorado 81652 which is located in the Rural (R) zone district. The property currently contains a single family residence on the north end and agricultural hay storage building operations on the south end. The two uses are separated by a topographical ridge and elevation difference. ivis. Porter is applying fora small contractor yard which wouid be a 1.5 acre division of the agricultural portion of her property for the use of the storage of oil & gas industry related machinery and equipment that would be available to lease out. Ms. Porter is currently under contract negotiations with Fuller Field Services for a long term lease of the Small Contractor Yard for the property. This proposed small contractor yard will be primarily used for the storage of machinery and equipment associated with the oil & gas industry. Access to the yard is anticipated to be during normal working hours 8 am ® 6pm Monday through Friday and during the weekend on insolated on call times that may occur with the industry activity. There will not be any employee's onsite for other than the loading and unloading of equipment and supplies. Any and all temporary parking will be within the small contractor's yard. There will not be any long term storage or disposal of fluids onsite. Storage of the small amount of equipment for the Contractor's Yard is consistent with the surrounding agricultural uses, including outdoor storage of tractors and other agricultural equipment. The Targe size of the main property and the natural topography will prevent the contractor's yard from visually impacting neighbors, and the view corridor from the County Road is obscured with the existing hay shed. A waiver for iandscaping has been requested in place of revegetation for areas of minor disturbance. Any lighting that is installed will be in P.O. Box 1301 I Rifle, Colorado 181652 11 Page INi€1NCF1fINf 11,'eo pot;*fLFo compliance with the Land Use Code. In addition, there will be no dust, odors, gas, fumes or glare that will be emitted at levels that are objectionable to adjacent properties. The proposed small contractor's yard will not interfere with future uses of surrounding property. The proposed use is not out of character for the area, and other neighbors have industrial type businesses or agricultural operations in the area. The Garfield County Comprehensive Plan 2030 depicts the area in which the Property is located as being zoned Med HD (2 to <6 Ac/Du), Given the size of this property and surrounding properties, it is highly improbable that this area will turn into residential developments of medium density within the next 20 years. Further, significant oil and gas drilling has occurred in the area where the Property is located and there is a large volume of oil & gas industry related traffic along County Road 315 which has been designated as a heavy haul route for Garfield County. The Applicant requests a waiver from the following land use resolution submittal requirements located in Article IV and VII Standards: IR The Pre -Application Conference Summary Letter be waived based on email and phone correspondence with the Applicant and Planning Director • A walvor of for areas with Archaeological, Paleontological or Historical importance due to the existing site disturbance from agricultural machinery and hay production storage, and minimal site improvements necessary for the Small Contractor Yard operations. • A waiver regarding a traffic study requirement for the small contractor yard. The small contractor yard Is located on County Road 315 which has a significant amount of traffic and oil&gas related travel. The County Road is currently a major haul route designated by Garfield County for traffic connecting to Dry Hollow and Divide Creek areas. The yard will have no employees and the minimal usage to load or unload will not be an impact on the County Road traffic. The driveway to the contractor yard has already been reviewed and approved by Garfield County Road and Bridge at the time the agricultural building was installed. ° A waiver regarding the drainage component of the review. The site is currently disturbed and the contractor yard will utilize the existing grading, swale andponding location to direct water to prior to the discharge of water from the site. If the contractor yard is expanded to its maximum potential, the Applicant will provide a drainage letter along with the grading pians for a grading permit application through Garfield County. P.O. Box 1301 I Rifle, Colorado 181652 21 Page ENGINE RINe IFCOI:P't:IRA P --l3 o A waiver regarding the water supply and wastewater plan. The yard will have no full time employees, and no one onsite other than for the loading or unloading of equipment, and the need for water or wastewater is not necessary. o Waiving an Improvements Agreement since there are none being performed of significance. o Waiving the landscape plan requirements in lieu of the use of a revegetation plan for disturbed areas of the property. If you have any questions, please do not hesitate to call me directly at 970.625.4933 extension 118. Best Regards, �/ .%'l// ( Gregory G. Shaner, P.E. Principle Engineer II Cc: M:\crejobfiles\967-porter\porter application.docr, P.O. Box 1301 I Rifle, Colorado 181652 31 Page ENG1NEE.RING UCOitPtittakYGti May 24, 2013 Garfield County Building & Planning Department Attn: Glenn Hartmann, Senior Planner 108 Eighth Street, Suite 401 Glenwood Springs, CO 81601 Email ghartmannPgarfield-county.com RE: CRE Job #967 — Kelly Porter Small Contractor Yard Administrative Review (GAPA-7455) Response Dear Glenn: We have prepared this letter in response to your administrative review letter dated January 18, 2013 for Kelly Porter's Small Contractor Yard application. We appreciate the County's patience as we tried to resolve some of the larger development concerns. As we have discussed, the Applicant has made the decision to include the existing hay barn with this application for small machinery and equipment storage. It is understood that to use the hay barn for storage purposes, a building permit for a garage is required. The Applicant will provide the required documents to the Cvurity in a se1.1nate submittai as a condition of approval. Items that needed further attention prior to determination of technical completeness from your Administrative Review have been addressed with our responses (listed in blue, italic text) below. 1. Please provide a copy of a deed demonstrating ownership of the property and information on any mineral rights owners (names and addresses) for public notice purposes. Commonwealth Title Company of Garfield County, Inc. was contracted for an updated title commitment and to perform research on the mineral rights owners for the property. We have included the commitment and Commonwealth Title's Mineral Owner Letter as attachments. 2. The vicinity mapping you have provided should be expanded to include a larger area (Le. approximately three miles) surrounding your property. As part of the Impact Analysis (Section 4-203.6) your submittals should also include a listing of adjacent land uses within BOO ft. P.O. Box 1301 I Rifle, Colorado 181650 Wage I NGIhiEE,RINa ItSpltPuW{ Ttri A new vicinity map has been prepared for the property and is attached to this letter. The zoning map from Garfield County was researched and adjacent properties within 1500 ft are all classified as Rural Zoning (also noted on the vicinity map), 3. Based on your submittals, the following waiver requests should be added to the submittals: • impact Analysis o Natural Features, Soils Characteristics, Geologic Hazards, Groundwater and Aquifer Recharge Areas. • Impact Analysis d Environment Impacts (wildlife, habitat, etc,) • Erosion . Sediment Control Plan (the plan provided should be adequate, just doesn't address all of the code requirements o Section 4-203.E) The Applicant requests a waiver from the following land use resolution submittal requirements located in Article IV Standards: • A waiver for an Erosion & Sediment Control Plan in Section 4-203.E is requested due to the existing site disturbance from agricultural machinery and hay production storage and minimal site improvements necessary for the .Small Contractor Yard operations. Reference the Erosion Control/Revegetation Plan (attached) for temporary BMP's that are to be installed. • A waiver- for an Impact Analysis located in Section 4-203.G for Site Features, Soils Characteristics, Geology and Hazard, Groundwater and Aquifer Recharge Areas, Environmental Impacts, Nuisance, and Reclamation Plan due to the existing site disturbance from agricultural machinery and hay production storage, and minimal site improvements necessary for the Small Contractor Yard operations. The waiver requests from the original application have been provided below for reference as inclusion to this letter. ■ A waiver for the Pre -Application Conference Summary Letter from Section 4- 101.A based on email and phone correspondence with the Applicant and Planning Director • A waiver for areas with Archaeological, Paleontological or Historical importance due to the existing site disturbance from agricultural machinery and hay production storage, and minimal site improvements necessary for the Small Contractor Yard operations. P.C. Box 1301 I Rifle, Colorado 181650 21 Page } ENGINEER!NQ o coRruttaoi,;Ek ▪ A waiver regarding Traffic Study requirements from Section 4-203.L. for the Small Contractor Yard, The Small Contractor Yard is located on County Road 315 which has a significant amount of traffic and oil & gas related travel. The County Road is currently a major haul route designated by Garfield County for traffic connecting to Dry Hollow and Divide Creek areas. The yard will have no employees and the minimal usage to load or unload will not be an impact on the County Road traffic. The driveway to the contractor yard has already been reviewed and approved by Garfield County Road and Bridge at the time the agricultural building was installed. • A waiver regarding the drainage component of the review. The site is currently disturbed and the contractor yard will utilize the existing grading, swale and ponding location to direct water prior to the discharge of water from the site. If the contractor yard is expanded to its maximum potential, the Applicant will provide a drainage letter along with the grading plans for a grading permit application through Garfield County. • A waiver regarding the Water Supply and Wastewater Plan from Section 4- 2O3.M. The yard will have no full time employees, and no one onsite other than for the loading or unloading of equipment, and the need for water or wastewater is not necessary. • Waiving an improvements Agreement from Section 4-203.K since there are no improvements of significance being performed, • A waiver regarding the Landscape Plan requirements from Section 4-2O3,F in lieu of the use of a revegetation plan for disturbed areas of the property. 4. The drainage and erosion control plans for the site should address the size and adequacy of the sediment/water quality collection location. Attached is an updated Site Plan and Erosion Control/Revegetation plan to include a proposed sediment pond at the water quality collection point. Supporting criteria calculations for a similar sand filter design through the Urban Drainage and Flood Control District have been included to justify the sizing of the .sediment pond. S. Your verbal description of the areas of the site to be used for the contractor's yard and storage was most helpful. To facilitate the review process, please add to the site plan a graphic designation or notes indicating the storage areas including the location of vehicular movement and circulation areas. P.O. Box 1301 I Rifle, Colorado 181650 3l Page E.NG1N E8 F 1Ne li:Coy,p t:in itv The site plan (attached) has been updated to include the desired notes on storage areas including vehicular movement and circulation areas. 6. Although not completeness issues, additional information on the potential fuel storage (size and containment), type of fencing, gates or security proposed, and relationship to the existing agricultural uses (Le. the hay shed) would be beneficial for the review process. The site plan (attached) has been updated to include potential fuel storage size and containment. There is no fencing, gate installation, or security measures proposed at this time. It is anticipated any fencing will be consistent with what is existing, conventional 4 -strand barb wire with agricultural 6 panel gates. Security measures would most likely be by padlock. No security fencing or electronic .surveillance (such as nighttime security lighting) is proposed. If you have any questions, please do not hesitate to call at 970-625-4933. Best Regards, J Gregory G. Shaner, P.E. Principle Engineer 11 M:\crejobfiles\967-porter\porter admin review response,docx P.O. Box 1301 I Rifle, Colorado I 81650 41 Page Gar eld County Building and Planning Department 108 8th Street, Suite 40i Glenwood Springs, CO B1601 (970) 94S-8212 www.Rarfield-county.com LAND USE CHANGE PERMIT APPLICATION FORM TYPE OF APPLICATION Owner/Applicant Name: Kelly Porter phone: (970 ) mailing Address: 2860 CR 315 City: Silt State: C0 zio code: 81652 _._ kellyporter@fullerfieldservices.com Administrative Review jI Mailing Address: PC/ Box 1301 Location and Extent Review E-mail: shaner@coloradorivereng.com 01 Limited Impact Review 1 X Development in 100 -Year Floodplain ft Major Impact Review 1 D Designation of Flood Fringe/Floodvvay Rezoning • Amendments to an Approved LUCA i ID LIR 1 MIR 1 SUP X Zone District :1 PUD 1 PUD Amendment 0 Minor Temporary Housing Facility 1 —1 1 ULUR Text Amendment Land Use Code Text Amendment X Vacation of a County Road/Public ROW X X Pipeline Development X Appeal of Administrative Interpretation 1 D Comprehensive Plan Amendment, Minor j 1 1041 Regulations • Comprehensive Plan Amendment: Maior i n 'In rin nra INVOLVED PARTIES Owner/Applicant Name: Kelly Porter phone: (970 ) mailing Address: 2860 CR 315 City: Silt State: C0 zio code: 81652 _._ kellyporter@fullerfieldservices.com Representative (Authorization Required) Name: Gregory Shaner phone: ( 970 )625-4933 Mailing Address: PC/ Box 1301 City: Rifle State: C0 Zip Code: 81652 E-mail: shaner@coloradorivereng.com PROJECT NAME AND LOCATION Project Name: Kelly Porter Small Contractor Yard _ Assessor's Parcel Number: 2 1 7 9 2 9 1 - 0 0 _ 7 1 5 Physical/Street Address: 2860 County Road 315 Silt, Colorado 81659 Legal Description: See Attached Description zone District: liGsidential Property Size (acres): 35 &A -es Project Description Existing Use: Agricitural with Residential Proposed Use (From USG Table 3-503): Contractors Yard, Small Description of Project: The applicant Is requesting the permitting of a small contractor yard (less than 6 acres) for the storage of equipment and machinery used with the oil & gas industry. REQUEST FOR WAIVERS Submission Requirements • The Applicant requesting a Waiver of Submission Requirements per Section 4-202. List: Section: Landscape Plan Section: Traffic Study Section: Wastewater Treatment Plan Section: Water Supply Ran See Application for additional requests Waiver of Standards D The Applicant is requesting a Waiver of Standards per Section 4-117. List: Section: Section: Section: Section: I have read the statements above and have provided the required attached information which is correct and accurate to the best of my knowledge. Signatur flProperty Owner Date OFFICIAL USE ONLY File Number: Fee Paid: $ LeGarel Coin PAYMENT AGREEMENT FORM GARFIELD COUNTY ("COUNTY") and Property Owner ("APPLICANT") K ly Porter agree as follows: 1. The Applicant has submitted to the County an application for the following Project: The Kelly Porter Small Contractor Yard 2. The Applicant understands and agrees that Garfield County Resolution No, 98-09, as amended, establishes a fee schedule for each type application, and the guidelines for the administration of the fee structure, 3. The Applicant and the 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. The Applicant agrees to make payment of the Base Fee, established for the Project, and to thereafter permit additional costs to be billed to the Applicant. The 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, the Applicant shall pay additional billings to the County to reimburse the County for the processing of the Project. the Applicant acknowledges that all billing shall be paicl prior to the final consideration by the County of any Land Use Change or Division of Land. i hereby agree to lay all fees related to this application: Billing Contact Person: Kelly Porter Billing Contact Address: 2860 County Road 315 Phone:( City: Silt State: C° Zip Code: 81652 Billing Contact Email: kellyporter@full er`rleIdservice,corrt Printed Flame of Person Authorized to Sign: IaeIly Por[er 2 (Signature) June 6, 2013 (Date) EiquiNEER 11;CORPGIZizTEP December 12, 2012 To Whom this May Concern: I, Kelly Porter, hereby authorize Gregory G. Shaner, PE with Colorado River Engineering, Inc. to act as my agent for the purposes of the Administrative Impact Review for a Small Contractor Yard through the Garfield County process. If you should have any questions please contact me directly at 970.456.3449. Kelly L. Porter Property Owner 2860 County Road 315 Silt, Colorado 81652 P.Q. Box 1301 I Rifle, Colorado J 81652 1 P a g e CGarfield Coon ,> FEE SCHEDULE _ BASE FEES TYRE 9F MD ,LILS.E ACTIO! BASE FEE LAND USE CHANGE PERMITS General Adrninistrative Permit $250 Limited Impact Review /Amendment I$400 / $300 Major impact Review / Amendment $525 / $400 Rezoning: T ext Amendment $300 Rezoning: Zone District Amendment $450 Planned Unit Development (PUD)/ Amendment $500/$300 Floodplain 13evelopmeni Permit $400 Pipeline Development Plan / Amendment I$400 / $300 Vacating Public Roads & Rights -of -Way 1$400 Small Temporary Employee Housing $50 Minor Temporary Employee Housing I$250 Comprehensive Plan Amendment $450 Variance $250 Interpretation $250 Takings Determination NO FEE 1041: Areas & Activities of State Interest $400 SUBDIVISIONS Sketch Plan $325 P 1$67-' +application agency review fees and =side Preliminary Plan / Conservation Subdivision consultant review fees, as authorized pursuant to the Regulations, such as the Colorado Geologic Survey Preliminary Plan Amendment $325 Final Plat $200 Final Plat Amendment / Correction Plat $100 — Combined Preliminary Plan and Final Plat $1,075 EXEMPTIONS Minor Exemption / Amendment $300 / $300 Major Exemption /Amendment $400/$300 Rural Land Development Option Exernption / Amendment $400 / $300 STAFF HOURLY RATE – Planning Director 1$50.50 Senior Planner $40.50 Planning Technician $33.75 Secretary $30.00 County Surveyor Review Fee (includes review of Amended Plats, Final Plots, Exemption Plats)Deterrniriecl by Surveyor ,Mylar Recording Fee 1$11 —15' page, $10 each addl'tionni page isNG 1NthFz1 1N Article 7 - Standard Summary Narrative Division 1— General Approval Standards for Land Use Change Permits 7-101 — Compliance with Zone District Use Restrictions e Kelly Porter is submitting the Administrative Impact use change application for the creation of a Small Contractor Yard on the existing 35 acre parcel zoned AARD. Per the Land Use Code Article 3 Section 3-501 a "Small Contractor Yard" is a conditional land use and requires an administrative application review for a land use change for rural property. 7-102 o Compliance with Comprehensive Plan and Intergovernmental Agreements The current comprehensive plan identifies the property as "Outlying Residential, 2 Acres per Dwelling Unit". The proposed land use change is allowable and there are no intergovernmental agreements that would prevent the designation of "Small Contractor Yard" on 5 acres of the parcel. 7-103 a Compatibility e The nature, scale, and intensity of the proposed use is compatible with adjacent land uses and will not result in an adverse impact to adjacent land. 7-104 e Sufficient Adequate, Legal and Physical Source of Water m There are currently no plans to provide structures or have employees full time onsite, and no water will be used in the Small Contractor Yard. 7-105 e Adequate Central Water Distribution and Wastewater Systems ® The proposed use is not within 400 -ft of a central water system and does not serve 15 or more dwelling units. No proposed uses will require wastewater system design. 7-106 m Adequate Public Facilities a Electric power is supplied to the site currently and is available to serve the land use change. 7-107 d Access and Roadways o The parcel has an existing and adequate access to the County Road 315 public right-of-way. No access improvements are being required for the land use change. 7-108 o No Significant Risk from Natural Hazards - Natural features have been identified on and off site. There is an existing irrigation ditch, the Multa Trina, on the property but the use is not subject to significant risk from this natural feature and P.O. Box 1301 I Rifle, Colorado 181652 4IPage gN€INE1RING u.coi evitaE'Ci`L.) development of the proposed use will not exacerbate existing natural hazards on the property. Division 2 o General Resource protection Standards for Land Use Change Permits 7-201 a Protection of Agricultural Lands e There are no agricultural operations on the property and the proposed land use change will not adversely impact the agricultural use of the property. The property owner will maintain fences in a manner such that no impacts will occur to adjacent property owners and will control domestic animals so that they do not interact with livestock operations if encountered. The proposed land use does not alter or inhibit existing water rights or irrigation access rights of downstream users. 7-202 - Protection of Wildlife Habitat Areas e The site is already disturbed and utilized in ranching/agricultural operations. No disturbances outside the existing boundaries will be performed. The proposed use will not inhibit wildlife migration patterns. 7-203 e Protection of Wetland and Waterbodies - No jurisdictional wetlands or water bodies are present on the pi uptmed development location through site visual inspection. 7-204 m Protection of Water Quality from pollutants —The proposed land use change will not result in the storage of hazardous materials. Appropriate Best Management Practices have been recommended for and spill containment necessary for oil or fuel that may be encounter from the storage of items associated with the oil & gas industry. 7-205 o Erosion and Sedimentation e The small contractor yard will not disturb and area greater than 1/2 acre in size. A State of Colorado Construction Activity permit is not anticipated for the land use, and grading will be performed under a general grading permit for Garfield County. An erosion control plan has been completed with the grading plan for the proposed use. 7-206 e Drainage — Drainage on the lot has been designed to provide positive drainage away from all buildings and is in compliance with the standards of Garfield County. There is a small collection point at the driveway which can serve as a sedimentation and water quality feature to the property prior to the discharge of developed flows into the public right-of-way roadside ditch collection system. P.O. Box 1301 I Rifle, Colorado 181652 51 Page ENGINEERING 7-207 o Storm Water Run -Off o The development of the proposed land use is not within 100 -ft of a water body and runoff from rainfall events will be treated with best management practices to mitigate sediment transfer from the property if necessary. 7-208 — Air Quality a The land use change does not cause the air quality to be reduced below acceptable levels established by the Colorado Air Pollution Control Division. Dust mitigation measures such as watering during construction will be implemented to minimize impacts to adjacent properties. 7-209 a Areas Subject to Wildfire Hazards a The land use change is not subject to wildfire hazards. As with any rural property it is recommended that the existing structures on the property be evaluated and improved to provide a defensible space in accordance with the Colorado State Forest Service memorandum No. 6.302 on "Creating Wildfire -Defensible Zones", 7-210 e Areas Subject to Natural Hazards and Geologic Hazards — The land use change will not cause or intensify adverse natural conditions in hazard areas, Building construction will not occur with this land use change. 7=211 — Areas with Archaeological, Paleontological or Historical Importance o The site is already disturbed and utilized in ranching/agricultural operations. No disturbances outside the existing boundaries will be performed. 7-212 o Reclamation e Areas disturbed during construction will be restored as natural landforms in conformance to the attached grading/erosion control plan and is in conformance with the regulations of Garfield County. Division 3 e Site Planning and Development Standards 7-301 e Compatible Design a The nature, scale and intensity of the proposed use is compatible with adjacent land uses and will not result in an adverse impact to adjacent land. 7-302 — Building Design o No new building construction is being proposed with this application. The existing steel frame hay storage shed will continue to be used for agricultural purposes. If a building becomes desired, the applicant will pursue a building permit through Garfield County. P.O. Box 1301 I Rifle, Colorado 181652 61 Page ENGINEERING 7-303 a Design and Scale of Development = The design and scale of the development minimizes disturbances and is oriented near existing facilities to optimize efficiency in the installation of utility facilities and services. 7-304 a Off-street marking and Loading Standards e The proposed land use does not include new facility construction and does not require off-street parking. 7-305--306 — Landscaping and Lighting Standards e The project proposal is for a contractor storage yard and the addition of landscaping and lighting provides no benefit to the property or surrounding parcels. The applicant is incorporating a revegtation plan so that land disturbances are maintained to Garfield County Standards. 7-307 — Snow Storage Standards — The site is proposed for storage only and no circulation or parking is required with the property. There are snow storage location possibilities if it becomes necessary to plow for access to the yard. 7-308 — Roadway Standards m No public roadways are required for the development of the parcel. The current driveway is proposed to remain for the new land use. Currently the driveway is gravel around the existing building and adjoining the existing county road. The current driveway provides an agricultural al and secondary resident access point for the property. The driveway is 30 -ft wide with a concrete apron adjoining the existing County Road 315, and corrugated metal pipe culvert for the conveyance of stormwater. 7-309 e Trail and Walkway Standards — There are no public facilities, recreation areas, or trails in the area and no traits are being installed with the proposed land use. 7-310 Utility Standards a No new utility easements are being proposed with this land use. P.O. Box 1301 1 Rifle, Colorado 181652 7J Page # N€ INECRING SECTION 7481.0 ADDITIONAL STANDARDS APPLICABLE TO INDUSTRIAL USE The following section compares the existing facility with section 7-810, "Additional Standards Applicable to Industrial Use". Response to each criterion is in "italics". A. All fabrication, service and repair operations shall be conducted within an enclosed building or obscured by a fence, natural topography or landscaping. Response: The applicant will perform services and repairs either in the contractor yard which is screened by a combination of elevation differences, fencing and natural topography. B. All operations involving loading and unloading of vehicles shall be conducted on private property and not on any public right-of-way. Response: All loading and unloading activities will be performed on the property. C. All outdoor storage facilities for fuel, raw materials and products shall be screened by natural topography or enclosed by a fence or wall adequate to conceal such facilities from adjacent property, Response: Outdoor storage of fuel, raw materials and products will be screened by natural topography. If it is not possible to reasonably screen the facility a fence with artificial screening will be installed to the satisfaction of the Pitoperty Owner. D. AH industrial wastes shall be disposed of in a manner consistent with statutes and requirements of CDPHE. Response! All wastes will be disposed of according to the COPHE. E. The volume of sound generated shall comply with the standards set forth in the Colorado Revised Statutes. Response: The activities associated with this application will not exceed current regulations. F. Every use shall be operated so that the ground vibration inherently and recurrently generated is not perceptible without instruments at any point of any boundary line of the property, Response: The activities associated with this application will not create sustained vibration. G. Every use shall be so operated that it does not emit heat, glare, radiation or fumes which substantially interfere with the existing use of adjoining property or which constitutes a public nuisance or hazard. Flaring of gases, aircraft warning signal and reflective painting or storage tanks, or other legal requirements for- safety orsafety or air pollution control measures shall be exempted from this provision. P.O. Box 1301 'Rifle, Colorado f 81652 81 Page ENGINEERING Response: The activities associated with this application will not emit heat, glare, radiation or fumes which would substantially interfere with existing uses or property owners. SECTION 7-821 ADDITIONAL STANDARDS APPLICABLE TO STORAGE AREAS AND FACILITIES The following section compares the existing facility with section 7-821: "Additional Standards Applicable to Storage Areas and Facilities". Respan5e to each criterion is in "italics". A. Storage of Hazardous Materials. Flammable or explosive solids or gases shall be stored according to the manufacturer's standards and shall comply with the national, state, and local fire codes and written recommendations from the appropriate local fire protection district Response: The storage of hazardous materials will be in accordance with local, state and federal codes. Fuel tanks will be stored outside away from facilities and equipment with a 20 -ft defensible area. B. Materials and Wastes Contained on the Property. No materials or wastes shall be depo[_Ite..d... on the propertyin form or manner thatmay be transferred off the property by any reasonably foreseeable natural cause or force. Response: Waste will be contained in enclosed systems and disposed of appropriately. C. Outdoor Storage Enclosed or Concealed. Outdoor storage facilities shall be enclosed or have adequate provision to conceal these facilities from adjacent property. Response:. Construction equipment will be stored in the designated location per the site plan and will be concealed by a combination of elevation differences, natural topography, fencing, and limited arid climate revegetation. D. Use and Storage of Heavy Equipment. a. Loading and unloading activity shall be conducted on private property and not on any public right-of-way. Response: All loading and unloading activities will be performed on the property. b. Repair and maintenance activity requiring use of equipment that will generate noise, odors or glare beyond the property boundaries will be conducted within a building or outdoors during the of Sam ��[)/ " V� the hours4111 to 6 pm Monday through Friday. P.O. Box 1301 f Rifle, Colorado 181652 9'Page ?iv�i![VittlH lAt.:01tetMiAtif..it Response: Repair and maintenance activity will comply with this requirement, respecting operational hours if work is performed outside, c. Storage area is not located any closer than 300 -ft from an existing residential dwelling. Response: There are no residential structures within 300 -ft. d. Equipment storage will be enclosed in area with screening at least 8 feet in height and obscured from view at the same elevation or (ower. Responses Equipment storage has been situated such that it uses a change In grade and elevation; building obstructions and natural topography to obscure it from view. e. A minimum size not to exceed 5 -acres (small contractor yard) that are not a platted residential subdivision shall be required. Response: The applicant's property is 35 acres. f. The storage area for uses not associated with natural resources shall not exceed ten (10) acres in size. Response: The applicant's designated contractor yard is less than 10 acres. P.O. Box 1301 I Rifle, Colorado 181652 101 Page ck c '')'-' 1. v 4 ; L /' •If '' 1;?.1' . ,,l , • ', 11 ..•:#--• :4',4 -,t.,, -l' ,,i";i! • ''.... /: , ,et i 1'./ .. '•;•'1•--•'•.-.1 ,4'.,f,.. ''.'-7 , ,.'. : !i' , _ JJ4l/lt0 / :: c/ , f „., %.,,„.,,,,,...,...'...,.:.„;,,..,......,.- ,--1.0,.-.„....:„,..„....;,.. -oil ... -,.-„..... __ .:„.„.. ..., ..„...,...„?, ,. 4, \ • p.1 • )p.•: i \\!'"n'i \ • • t -'); • p r _ •. Y4 '' Ve' — I r ft ri i , --- .9 • • 1 -i',... ''1 Twp 6 South ,,,,..,„ .,,, t./ :,,,,, i:i:er, .-y .,,,,,•„,t, ,1,:i.,,,,,,_: w '1.-,..:.-,.2W.:-.4-A 4,7; --_ . . _,..r.,--....,. , '...,...g..,, - .,. di” '" A . .' f'. i; k,, ., c ' '1•;-,,IAT.i4y5uf , ' \ . 'Ai-, : -ri-• al on ' ''' • .', i'' ,.;,!";•;, '- r ,. -1. , -.Q!!r.! '. . r . . ' ..)1';.: ,,,c.: , , .! , • -•-• *i ,, .,,, , ..-), •-.' !!"•- ' ,- -1.4'. e, -.-- .• . , •••..,•• 11,1 I VI 4- 0 11 , li „ i -1 i ' k "AP-,I,S. '''',, 0) ' r \ - N't atibi • Arni-olit. : , tt 'r '4 , , , % %, , .., \\..i:-..s'ii,..`-• : - ,-;) f .-;:„,.. , ,.'3,., !J !..1...', -Base Mapping: 7.5' USGS Quad _..... i -Exit 94 from -70, South on CR 315 ', , l(Mamm Creek Road) approx. 2.6 mi.,',.',. . ' -.2-;9:q•\.- , it,„,, -Adjacent land uses w/in 1500' are i?''J, v-1 '')' ' ;$; Rural Zoning, per GarCo Zoning Map , I VE 13.,ti 6 !MR 1116 0.71, P011A;1,;,, 3 Mile Radius 5000' Graphic Scale in Feet PO Box 1301 Rifle, CO 81650 Tel 970-625-4933 Porter Small Contractor Yard General Vicinity Map File Name: Mattlig.dwg Job No: CRE -967 Drawn by: KTS Approved by: GGS Date: 5/14/13 / Figure: 1 Kelly Porter ENG 1N E.R LNG. i;CORPo1,t7CD Legal Description A tract of land situated in the NE1/4 of Section 29, Township 6 South, Range 92 West of the 6th P.M. being more particularly described as follows: Beginning at a point on the Easterly right of way of County Road 315 whence the South Quarter of said Section 29 bears South 19°38'00" East 3166.02 feet; thence along said Easterly right of way North 02°31'41' West 185.34 feet; thence North 00°54'08" West 339.69 feet; thence along a curve to the left with an arc length of 213.61 feet, a radius of 1042.00 feet, a central angle of 11°44'44", a chord bearing of North 06°46'30" West a chord length of 213.23 feet, thence North 12°38'51" West 332.99 feet; thence along a curve to the left with an arc length of 284.22 feet, a radius of 672.60 feet, a central angle of 24°12'40", a chird bearing of North 24°46'28" West a chord length of 282.11 feet, thence along a curve to the right with an arc length of 134.81 feet, a radius of 460.02, a central angle of 16°48'10", a chord bearing of North 28°28'32" West a chord length of 134,42 feet thence departing said right of way South 88°00'46" East 314.20 feet; thence South 32°51'30" East 262.83 feet; thence North 89°20'31" East 84.74 feet; thence North 28°54'11" East 96.72 feet; thence North 48°36'38" East 164,87 feet; thence North 50°41'31" East 140.49 feet; thence North 69°06'08" East 199.39 feet; thence South 66°43'14" East 216.29 feet; thence South 31°47'55" East 452.38 feet; thence South 37°01'15" East 170.42 feet; thence South 87°46'44" East 238.87 feet; thence North 81°52'31" East 196.68 feet; thence South 00°18'59" West 100.22 feet; thence South 66°14'25" West 263.931 feet; thence South 61°49'28" West 251.49 feet; thence South 55°49'28" West 263.70 feet; thence South 55°19'49" West 460.22 feet; thence South 67°21'59" West 439.90 feet; thence South 73°02'05" West 229.14 feet to the Point of Beginning. As recorded by Garfield County Reception Number 792096. P.O. Box 1301 I Ride, Colorado 181652 1ppage E_N62NEER I f SC0 0R, T1:0 Small Contractor Yard Legal Description A tract of land situated in the NE1/4 of Section 29, Township 6 South, Range 92 West of the 6th P.M. being more particularly described as follows: Beginning ata point on the Easterly right of way of County Road 315 whence the South Quarter of saki Section 29 bears South 19°38'00" East 3166.02 feet; thence along said Easterly right of way North 02"31'41" West 185.34 feet; thence North C0"54'08" West 36.21 feet; thence South 84°12'21" East 183.18 feet; thence South 80°24'03" East 87.06 feet; thence South 18°10'13" West 127.86 feet; thence South 73°02'05" West 229.14 feet to the Point of Beginning. Approximately 0.967 acres more or fess. mAcrejobliles!367.porter\potter pi,1aii contractor le a docrx P.C. Box 1301 Rifle, Colorado.1;1652 ljPage COMMITMENT FOR TITLE INSURANCE SCHEDULE A File No. 1303017 1. Effective Date: March 13, 2013 at 7:59 AM 2. Policy or Policies to be issued: (a) ALTA OWNER POLICY (ALTA 6-17-06) Proposed Insured: (b) ALTA LOAN POLICY (ALTA 6-17-06) Proposed Insured: N/A 3. The Estate or interest in the land described or referred to in the Commitment and covered herein is Fee Simple and is at the effective date hereof vested in: Kelly L. Porter 4. The land referred to in this Commitment is situated in the County of Garfield, State of Colorado and described as follows: See Attached Exhibit "A" COUNTERSIGNED: TITLE CHARGES Owner's Policy Standard Coverage $100.00 Owner's Extended Coverage N/A Tax Certificate N/A American Land Title Association Schedule A (Rev'd 6-06) Authorized Officer or Agent Valid Only if Schedule B and Cover Are Attached Issuing Agent: Commonwealth Title Company of Garfield County, Inc. 127 East 5th Street Rifle, CO 81650 File No. 1303017 EXHIBIT "A" A tract of land situated in the NE'/ of Section 29, Township 6 South, Range 92 West of the 6th P.M. being more particularly described as follows: Beginning at a point on the Easterly right of way of County Road 315 whence the South Quarter of said Section 29 bears South 19°38'00" East 3166.02 feet; thence along said Easterly right of way North 02°37'41" West 185.34 feet; thence North 00°54'08" West 339.69 feet; thence along a curve to the Left with an arc length of 213.61 feet, a radius of 1042.00 feet, a central angle of 11°44144", a chord bearing of North 06°46'30" West a chord length of 213.23 feet, thence North 12°38'51" West 332.99 feet; thence along a curve to the Left with an arc length of 284.22 feet, a radius of 672.60 feet, a central angle of 24°12'40", a chord bearing of North 24°46'28" West a chord length of 282.11 feet, thence along a curve to the right with a arc length of 134.91 feet, a radius of 460.02, a central angle of 16°48'10", a chord bearing of North 28°27'32" West a chord length of 134.42 feet thence departing said right of way South 88°00'46" East 314.20 feet; thence South 32°51'30" East 262.83 feet; thence North 89°20'31" East 84.74; thence North 28°54'11" East 96.72 feet; thence North 48°36'38" East 164.87 feet; thence North 50°41'31" East 140.49 feet; thence North 69°06'08" East 199.39 feet; thence South 66°43'14" East 216.29 feet; thence South 31°47'55" East 452.38 feet; thence South 37°01'15" East 170.42 feet; thence South 87°46'44" East 238.87 feet; thence North 81°52'31" East 196.68 feet; thence South 00°18'59" West 100.22 feet; thence South 66°14'25" West 263.931 feet; thence South 61°49'28" West 251.49 feet; thence South 55°49'28" West 263.70 feet; thence South 55°19'49" West 460.22 feet; thence South 67°21'59" West 439.90 feet; thence South 73°02'05" West 229.14 feet to the Point of Beginning. File No. 1303017 SCHEDULE 13- SECTION 1 The Following are the requirements to be complied with prior to the issuance of said policy or policies. Any other instrument recorded subsequent to the date hereof may appear as an exception under Schedule B of the policy to be issued. Unless otherwise noted, all documents must be recorded to the office of the Clerk and Recorder of the County in which said property is located. Note: When the details of this transaction are revealed, the Company reserves the right to make additional requirements and/or exceptions. NM 6 American Land Title Association Commitment Schedule B - Section 1 - Form 1004-5 DISCLOSURES Colorado Division of Insurance Regulation 3-5-1, Article 7, Paragraph G requires that "Every title insurance company shall be responsible to the proposed insured(s) subject to the terms and conditions of the title insurance commitment, other than the effective date of the title insurance commitment, for all matters which appear of record prior to the time of recording whenever the title insurance company, or its agent, conducts the closing and settlement service that is in conjunction with its issuance of an owners policy of title insurance and is responsible for the recording and filing of legal documents resulting from the transaction which was closed." Provided Commonwealth Title Insurance Company of Garfield County, Inc. conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lenders Policy when issued. NOTE: Exception No. 4 of Schedule B - Section 2 of this Commitment may be deleted from the Owner's Policy to be issued hereunder upon compliance with the following conditions: A. The land described in Schedule A of this Commitment must be a single family residence, which includes a condominium or townhouse unit. B. No labor or materials may have been furnished by mechanics or materialmen for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C. The Company must receive appropriate affidavits indemnifying the Company against all unified mechanic's and materialmen's liens. D. Any deviation from conditions A through C above is subject to such additional requirements or information as the Company may deem necessary; or, at its option, the Company may refuse to delete the exception. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. Pursuant to C.R.S. § 10-11-122, notice is hereby given that: • A) The subject real property may be located in a special taxing district. B) A Certificate of Taxes Due listing each taxing jurisdiction may be obtained from the County Treasurer's authorized agent. C) The information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. D) The company will not issue its policy of policies of title insurance contemplated by the commitment until it has been provided a Certificate of Taxes due or other equivalent documentation from the County Treasurer or the County Treasurer's authorized agent; or until the Proposed Insured has notified or instructed the company in writing to the contrary. C.R.S. §30-10-406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right, and bottom margin of at least one half of an inch. The clerk and recorder may refuse to record or file any document that does not conform, except that, the requirement for the top margin shall not apply to documents using forms on which space is provided for recording or filing information at the top margin of the document. Pursuant to C.R.S. § 10-11-123, notice is hereby given: This notice applies to owner's policy commitments containing a mineral severance instrument exception, or exceptions, in Schedule B, Section 2, A) That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and B) That such mineral estate may include the right to enter and use the property without the surface owner's permission. If the transaction includes a sale of the property and the price exceeds $100,000.00, the seller must comply with the disclosure/withholding provisions of C.R.S. §39-22-604.5 (Nonresident withholding). Pursuant to C.R.S. §38-35-125(2), no person or entity that provides closing and settlement services for a real estate transaction shall disburse funds as a part of such services until those funds have been received and are available for immediate withdrawal as a matter of right. C.R.S. §39-14-102 requires that a real property transfer declaration accompany any conveyance document presented for recordation in the State of Colorado. Said declaration shall be completed and signed by either the grantor or grantee. Nothing herein contained will be deemed to obligate the company to provide any of the coverages referred to herein unless the above conditions are fully satisfied, File No. 1303017 SCHEDULE 13- SECTION 2 Schedule B of the Policy or Policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the company: 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 heretofore or hereafter famished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this commitment. 6. Any and all unpaid taxes, assessments and unredeemed tax sales. 7. Any lien or charge on account of the inclusion of subject property in an improvement district. 8. Any and all water rights, claims, or title to water, whether or not the matters excepted are shown by the public record. 9. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted and a right of way for ditches or canals as constructed by the authority of the United States, as reserved in United States Patent recorded November 28, 2008 in Book 73 at Page 14 and May 4, 1937 in Book 112 at Page 618. 10. Undivided one-half interest in all oil, gas and mineral rights as more particularly described in deed recorded December 31, 1953 in Book 274 at Page 298, and any and all interests therein or assignments thereof. 11. Undivided one-half interest in all oil, gas and mineral rights as more particularly described in deed recorded October 27, 1954 in Book 280 at Page 477, and any and all interests therein or assignments thereof. 12. Undivided one-half interest in all oil, gas and mineral rights as more particularly described in deed recorded October 27, 1954 in Book 280 at Page 479, and any and all interests therein or assignments thereof. 13. Easement and right of way for any existing irrigation ditches, laterals, canals or pipelines. 14. Undivided one-half interest of all mineral and mineral rights as more particularly described in deed recorded June 27, 1960 in Book 326 at Page 520 and any and all interests therein or assignments thereof. 15. Mineral reservations as described in deed recorded January 22, 1962 in Book 338 at Page 551 and any and all interests therein or assignments thereof. 16. Reservation of all mineral and mineral rights as described in deed recorded February 10, 1994 in Book 892 at Page 390, and any and all assignments thereof or interests therein. 17. Reservation of a non-exclusive easement and right of way for the operation, use, maintenance and repair of an existing Multi Trina Lateral as more particularly described in deed recorded February 10, 1994 in Book 892 at Page 390. 18. Terms and conditions of Agreement and Grant of Ditch Easement by and between Eric C. Porter, Marilyn Porter, Joseph E. Weinreis and Velma Weinreis recorded December 31, 1996 in Book 1005 at Page 196. 19. Terms and conditions of Holy Cross Energy Contract for Electric Service recorded April 5, 2000 in Book 1180 at Page 816. 20. Deed of Trust from Kelly L. Porter to the Public Trustee of Garfield County for the use of Bank of America, N.A., showing an original amount of $184,000.00, dated September 27, 2010 and recorded September 28, 2010 as Reception No.792097. NOTE: EXCEPTION(S) N/A WILL NOT APPEAR IN THE POLICY TO BE ISSUED HEREUNDER. The Owner's Policy of Title Insurance committed for in this Commitment, if any, shall contain, in addition to the Items set forth in Schedule B - Section 2, the following items: (1) The Deed of Trust, if any, required under Schedule B - Section 1. (2) Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof. (3) any and all unpaid taxes, assessments and unredeemed tax sales. NOTE: The policy (s) of insurance may contain a clause permitting arbitration of claims at the request of either the Insured or the Company. Upon request, the Company will provide a copy of this clause and the accompanying arbitration rules prior to the closing of the transaction. American Land Title Association Commitment Schedule B - Section 2 Form 1004-12 E NGINE-EMU 11.CSfF;F�3ttir`. ft:i! Adjacent Property Owners 2179-301-00-S22 Brynildson, Scott W. & Linda S 1831 Railroad Avenue Rifle, Colorado 81650 2179-281-00-714 Eagle Springs Organic, LLC 5454 A County Road 346 Silt, Colorado 81652 2179494-N-672 Fuller, Christopher Wayne 615 Pleasant Hill Road Farmerville, LA 71241 2179-293-130--649 Bair, Tom &. Brandy 3215 County Road 315 Silt, Colorado 81652 2179-321-00-555 Shideler Land and Cattle Co. LLC. 4128 County Road 315 Silt, Colorado 81652 M;1Grejobf lc'=sl96%Eporter1porreradi cen; rropeci'y awter$,rlocx P.O. Box 1301 I Rifle, Colorado 181652 1IPage Commonwealth Title Company of Garfield County, Inc 127 East 5a` Street Rifle, Colorado 81650 Telephone: (970) 625-3300 Facsimile: (970) 625-3305 • March 21, 2013 Gregory G. Shaner, PE Colorado River Engineering 136 E. 3rd Street Rifle, Colorado 81650 Re: Mineral Owners; CWT File No. 1303017 Dear Greg: We examined ownership of mineral rights on the Porter parcel (2179 291 00 715) based on the reservations identified in our title commitment number 1303017 and as reflected in recorded documents in the Garfield County Clerk and Recorder's Office for the following parcel: A tract of land situated in the NE''/4 of Section 29, Township 6 South, Range 92 West of the 6th P.M. being more particularly described as follows: Beginning at a point on the Easterly right of way of County Road 315 whence the South Quarter of said Section 29 bears South 19°38'00" East 3166.02 feet; thence along said Easterly right of way North 02°37'41" West 185.34 feet; thence North 00054'08" West 339.69 feet; thence along a curve to the left with an arc length of 213.61 feet, a radius of 1042.00 feet, a central angle of 11°44'44", a chord bearing of North 06°46'30" West a chord length of 213.23 feet, thence North 12°38'51" West 332.99 feet; thence along a curve to the left with an arc length of 284.22 feet, a radius of 672.60 feet, a central angle of 24°12'40", a chord bearing of North 24°46'28" West a chord length of 282.11 feet, thence along a curve to the right with a arc length of 134.91 feet, a radius of 460.02, a central angle of 16°48'10", a chord bearing of North 28°27'32" West a chord length of 134.42 feet thence departing said right of way South 88°00'46" East 314.20 feet; thence South 32°51'30" East 262.83 feet; thence North 89°20'31" East 84.74; thence North 28°54'11" East 96.72 feet; thence North 48°36'38" East 164,87 feet; thence North 50°41'31" East 140.49 feet; thence North 69°06'08" East 199.39 feet; thence South 66°43'14" East 216.29 feet; thence South 31°47'55" East 452.38 feet; thence South 37°01'15" East 170.42 feet; thence South 87°46'44" East 238.87 feet; thence North 81°52'31" East 196.68 feet; thence South 00°18'59" West 100.22 feet; thence South 66°14'25" West 263.931 feet; thence South 61°49'28" West 251.49 feet; thence South 55°49'28" West 263.70 feet; thence South 55°19'49" West 460.22 feet; thence South 67°21'59" West 439.90 feet; thence South 73°02'05" West 229.14 feet to the Point of Beginning. Glenwood Springs Branch 803 Colorado Avenue Glenwood Springs, Colorado 81601 Telephone: (970) 945-4444 Facsimile: (970) 945-4449