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HomeMy WebLinkAbout2.0 Staff Report 06.18.2014PROJECT INFORMATION AND STAFF COMMENTS TYPE OF REVIEW Funston ADU GAPA-7897 June 18, 2014 DP Administrative Review — Land Use Change Permit for an Accessory Dwelling Unit (ADU) APPLICANT (OWNER) James Funsten LOCATION LEGAL DESCRIPTION ACRES ZONING The property is located approximately 4 miles east of the Town of Carbondale on County Road 100. The address is 3627 CR 100, Carbondale, CO 81623. Located in Lots 3 and 4 of Section 31, T7S, R87W on a property known by Assessor's Parcel No. 2391-312-00-004. Approximately 3.994 acres Rural (R) I. DESCRIPTION OF THE PROPOSAL The Applicant is requesting approval to allow an Accessory Dwelling Unit on their 3.994 acre property. The ADU structure would be served by an individual well for water and would be served by a new On -Site Wastewater Treatment System (OWTS) and be constructed on an existing foundation. Access to the site is an existing gravel and dirt access road and driveway from County Road 100. The site has ample areas for off-street parking and snow storage for the proposed ADU and other existing uses on the property. II. DESCRIPTION OF THE SITE The site is currently developed with a single family residence, 2 detached garages, a pond and a shed. The property appears to have positive drainage to the southwest and is a mix of graded areas, native vegetation and grasses. The Applicant has represented that the property is periodically used for storage of equipment which is considered legal non -conforming. Discussions with the Garfield County Code Enforcement Officer indicated that this matter has been looked into in the past and there are no current or past enforcement actions on the property that stemmed from the investigation. Aerial View of Subject Property 1' Existing Single Family Dwelling Unit Subject Property st, )11.-.141:1 kg 4r.tv...310.1K0,0eibe II CR 100 001 jI Highway 82 2 View of Subject Property from CR 100 Looking North View of Subject Property from CR 100 Looking South 3 Site Plan 4 III. WAIVER REQUESTS FROM STANDARDS The Applicant has requested a waivers from Section 7-701(A), Maximum Floor Area. This code section states: "The Floor Area of an ADU shall not exceed 1,500 square feet for a lot less than 4 acres. The Floor Area of an ADU shall not exceed 3,000 square feet for any lot 4 acres or greater." As the subject property is 3.994 acres, the Applicant has requested a waiver to allow the ADU to exceed 1,500 square feet but remain less than 3,000 square feet. Staff recommends approving this waiver request due to the closeness of size to 4.0 acres. IV. AUTHORITY — APPLICABLE REGULATIONS A. The Land Use Tables contained in Section 3-403 of the Land Use and Development Code, designates an Accessory Dwelling Unit within the Rural District as requiring Administrative Review. B. Section 4-103 of the Land Use and Development Code sets forth the Administrative Review Procedures by which the current Application is being considered. C. The Application submittal requests two waivers from submittal requirements. These waiver requests are from submittal requirements included an improvements agreement and development agreement. Submittal waivers have been accepted as part of the pre -application and completeness review. D. Article 7 of the Land Use and Development Code sets forth General approval standards in Division 1, General Resource Protection Standards in Division 2 and Site Planning and Development Standards in Division 3. Accessory Dwelling Units are also subject to Section 7-701. The standards are addressed in the Application submittals and in the Staff Analysis section of the Staff Report. V. PUBLIC AND REFERRAL COMMENTS The Applicant has provided documentation that all required notice mailings have been completed in accordance with the LUDC. No public comments were received as a result of the public notice. Referral Comments received on the Application are attached as Exhibits and summarized below: A. Garfield County Consulting Engineer, Chris Hale, Mountain Cross Engineering: • The Applicant should describe how the wells will be used for the proposed dwelling unit • The Applicant needs to demonstrate the feasibility of an OWTS to serve the ADU • The Applicant needs to demonstrate that the foundation can support the proposed ADU • The Applicant needs to provide more detail demonstrating that the driveway complies with Table 7-107 • The Applicant needs to verify that there is a driveway access permit 5 B. Colorado Division of Water Resources (DWR): Provided information on the background of the existing well permit the DWR has indicated that "So long as the applicant continues to utilize the wells pursuant to the conditions of approval of the respective existing permits, this office has no objection to the Administrative Permit request." C. Garfield County Road and Bridge: • There are currently 3 driveway access points serving the property • The access code states that one access per dwelling unit is permitted • It was agreed that the southernmost access would be the primary driveway • The southernmost access point would need to be brought up to current code standards • The other 2 access points are to remain gated • The Applicant will need to obtain an access permit from Garfield County Road and Bridge for the southern most access D. Carbondale and Rural Fire Protection District: No Comments Received E, Garfield County Environmental Health: No Comments Received F. Garfield County Vegetation Manager, Steve Anthony: • Requests map and inventory of listed noxious weeds along with management plan. G. Garfield County Sheriff: Indicated that the Sherriff's Department has no comments VI. STAFF ANALYSIS Article 7, Division 1: General Standards 1. Section 7-101: Compliance with Zone District Use Regulations The property is in general compliance with Zone District Regulation for the Rural Zone District. 2. Section 7-102: Conformance with Comprehensive Plan and compliance with 1GAs The property is located within Residential Medium (RM) designation on the Comprehensive Plan Future Land Use Map (see map excerpt below). The density for residential uses in this designation is 1 du per 6 < 10 acres. The proposed density of two units on 3.99 acres is 1 unit per 2 acres and exceeds the density requirement for the RM designation. 6 Section 2 of the Comprehensive Plan of 2030 contains Policy 2 which states: "Accessory Dwelling Units are included within the overall land use density as described in the Land Use Table shown on the Future Land Use Map." To this end, the proposed Accessory Dwelling Unit is not in general conformance with the specific Policies as related to density and ADUs outlined in the Comprehensive Plan of 2030. Comprehensive Plan of 2030 O �L 1! ,l 010 021 017 03-.' 009 022 009 1 I// dons Ridge �_— :150 012 -- 009 610 01f 100y 018 - 013 Res hi (0 T©-30 A - 0E5 013 \ 018 003 004 003 I Subject Property LI- 002 049 Aspen Equestrian es MH (2 TO 02C 019 aa1 TO Ranch ResL • + Estates <6 AVOW 040 032 :8tue Creek Ranch 7 3. Section 7-103: Compatibility The proposed use is located in a rural area, however the proposed use is unlikely to significantly alter or impact this character. The area surrounding the subject property are predominantly residential in nature with some agriculture. The Applicant has noted that some legal non -conforming storage does periodically occur on the property. This issue has been brought to Garfield County Code Enforcement for review. As a result of this review it was noted that the uses on the property have not changed and that there are no current or past code enforcement actions on the property. 4. Section 7-104: Sufficient, Adequate, Legal and Physical Source of Water The Application includes copies of two existing well permit for the property each for household use only and able to pump up to 15 gpm. The Division of Water Resources review comments (see attached) state: "The referral indicates that the applicant may wish to commingle waters from both wells into a central system providing water to both structures. The use of each well is limited to household purposes inside one single family dwelling and no combining of waters would be allowed under the existing permits. So long as the applicant continues to utilize the wells pursuant to the conditions of approval of their respective existing permits, this office has no objection to the Administrative Permit request." Staff recommends requiring conformance with the well permits as a condition of approval. 5. Section 7-105: Adequate Central Water Distribution and Wastewater Systems The Applicant is proposing to install a new OWTS for the proposed ADU. It appears that the subject property will be able to meet adequate setbacks and other requirements for a new OWTS. The Applicant will be required to obtain an OWTS permit through Garfield County prior to construction. Staff recommends requiring the Applicant to obtain an OWTS permit as a condition of approval. 6. Section 7-106: Adequate Public Utilities The Applicant states that the property is currently served with electric and gas. Both of these utilities are anticipated to be extended to the proposed ADU. Any future extensions need to be in compliance with State requirements and inspected by the State Electrical Inspector. 7. Section 7-107: Access and Driveways a. The application was referred to the Garfield County Road and Bridge Department (see attached), Mike Prehm of Garfield County Road and Bridge made a site visit to the property. As a result of this visit, Mr. Prehm identified 3 access points to the property 8 whereas only one per dwelling unit is permitted. To comply with County Road and Bridge Standards, the Applicant will need to obtain a Garfield County Road and Bridge Driveway Permit for the primary entrance, eliminate/block two of the access points and bring the primary access point up to the current standards. Staff suggests a Condition of Approval requiring the Applicant to obtain a Garfield County Driveway Permit and bring the access up to current standards. b. The Applicant has supplied a scaled site plan that includes the driveways within the property. The site plan shows that the driveways conform to the 12° minimum width requirement for Primitive/Driveway standards. Aside from the statement of conformance, no further documentation has been submitted. To this extent, Chris Hale of Mountain Cross Engineering states that "The Applicant should provide a more itemized breakdown of how the existing driveway complies with the items in Table 7-107 such as easements, surface width, and ditches." Staff suggests that an itemized breakdown be a Condition of Approval. 8. Section 7-108: Natural Hazards The Application represents that there are no natural hazards on the site that would impact the proposed development. The subject property does not fall within the Garfield County identified hazards or septic constraints. 9. Section 7-109: Fire Protection The Application was referred to the Carbondale and Rural Fire Protection District, but no comments were received. As long as the ADU is constructed to meet current building code standards as required through the building permit process, Staff believes that the structure will meet fire protection standards. Article 7, Division 2: General Resource Protection Standards 10. Section 7-201 Agricultural Lands The proposed development is accessory to the primary dwelling unit on the subject property. The property is not currently being used for agricultural purposes and it is not anticipated that the proposed development would adversely affect neighboring agricultural uses. 11. Section 7-202 Wildlife Habitat Areas The Applicant has indicated that due to the past uses on the property and the placement of the ADU, no significant impact to wildlife habitat is expected. 9 12. Section 7-203 Protection of Waterbodies The proposed ADU is not adjacent to any waterbodies. As a result, no impact to waterbodies is anticipated. 13. Section 7-204 Drainage and Erosion The Applicant has provided a topographic map of the subject property that shows general positive drainage from the property. As the driveways are currently in place, no significant change to the topography or drainage from the property is expected. 14. Sections 7-205 Environmental Quality No water or air quality issues are anticipated from the proposed project. 15. Section 7-206 Wildfire Hazards The subject property is generally identified as 1/2 Not Rated and 1/2 Very High according to Map 7, Wildland Fire Susceptibility Index of the Community Wildfire Protection Plan (CWPP) while County GIS 30 meter accuracy wildfire snapping show this property in a Low wildfire hazard area. In addition, no slopes over 30% have been identified and no fire chimneys exist on the property. To this end, Staff feels that wildfire danger on this property is within acceptable levels as long as a defensible space is maintained for both the proposed ADU and primary dwelling unit. As a Condition of Approval, Staff recommends that the roof materials be made from a noncombustible material as required by the LUDC. 16. Section 7-207 Natural and Geologic Hazards As noted in Section 8 of this Staff Report, no significant natural or geologic hazards have been identified on the subject property. 17. Section 7-208 Reclamation Minimal disturbance is anticipated as a result of the proposed ADU. The driveways are in place and the Applicant is proposing to reuse an existing foundation. Landscaping is proposed as a part of the ADU that will reclaim any disturbed areas following construction. Steve Anthony of Garfield County Vegetation Management has requested a map and inventory of noxious weeds on the property as well as a management plan to deal with any identified weeds. As a condition of approval, staff recommends that the Applicant identify and map all listed noxious weeds on the subject property and submit a management plan to Garfield County Vegetation Management for acceptance prior to issuance of the Land Use Change Permit. 10 Article 7, Division 3, Site Planning and Development Standards 18. Section 7-301 Compatible Design: As has been noted, the proposed development is not in conformance with the density requirements as outlined in the Comprehensive Plan of 2030. However, the ADU use is generally compatible with surrounding residential land uses. 19. Section 7-302 Off- Street Parking and Loading Standards: The Applicant has demonstrated through site plans that adequate off-street parking exists for the ADU and primary dwelling unit. 20. Sections 7-303 Landscaping Standards: The Applicant is proposing to landscape the ADU, however, the LUDC specifically exempts ADUs from Section 7-303. 21. Section 7-304 Lighting: The Applicant has represented that they will use downcast lighting in compliance with the LUDC. 22. Section 7-305 Snow Storage Standards: The Applicant has identified snow storage areas that are in compliance with County standards. 23. Section 7-306 Trail and Walkway Standards: No recreational or community facility access areas are proposed. Article 7, Division 7, Accessory Dwelling Unit 24. Maximum Floor Area: As noted in Section 111 of this Staff Report, the Applicant is requesting a waiver from this Standard. Staff recommends granting this waiver to allow the ADU to be developed to a maximum of 3,000 square feet. Staff recommends a Condition of Approval allowing the Applicant to build the ADU up to 3,000 square feet. 25. Ownership Restriction: The Applicant and Owner understand that the ADU is restricted to leasehold interests and may be used for residential or Home Office / Business use only. 11 26. Compliance with Building Code: Staff recommends a Condition of Approval requiring the Applicant to obtain all necessary building permits from Garfield County. The Applicant has indicated that an existing foundation is proposed to be reused for the new ADU. As recommended by Chris Hale of Mountain Cross Engineering, the structural integrity and ability of this foundation to support the ADU is necessary. As part of the building permit process, the structural integrity of the foundation will need to be verified. 27. Minimum Lot Area: The Applicant has 3.99 acres and as a result the minimum lot area requirement of at least 2 acres is satisfied. 28. Entrance to Dwelling Unit: The Applicant is proposing the ADU to be a separate building from the primary dwelling unit. As a result, the ADU as proposed will comply with this standard. VII. SUGGESTED FINDINGS AND RECOMMENDATION Staff recommends a finding that the proposed Accessory Dwelling Unit is not in conformance with the Comprehensive Plan of 2030 and as a result does not and cannot meet the standards as outlined in Section 7-102 of the Land Use and Development Code. Staff, therefore, recommends denial of the Funsten ADU application. 12 June 16, 2014 Garfield County Dave Pesnichak Garfield County Community Development Department RE: Funsten ADU GAPA 7897 Vegetation Management Dear Dave, Thank you for the opportunity to comment on this permit. Noxious weeds map & inventory Staff requests that the applicant provide a noxious weed map and inventory of all Garfield County listed noxious weeds. The current list is attached. Of particular concern on this site are Canada thistle and plumeless thistle. Weed management plan Please provide a weed management plan that will address the treatment of any inventoried noxious weeds found on site. Please let me know if you have any questions. Sincerely, Steve Anthony Garfield County Vegetation Manager 0375 County Road 352, Bldg 2060 Rifle, CO 81650 Phone: 970-945-1377 x 4305 Fax: 970-625-5939 GARFIELD COUNTY NOXIOUS WEED LIST Common name Scientific name Leafy spurge Russian knapweed Yellow starthistle Plumeless thistle Houndstongue Common burdock Scotch thistle Canada thistle Spotted knapweed Diffuse knapweed Dalmation toadflax Yellow toadflax Hoary cress Saltcellar Saltcedar Oxeye Daisy Jointed Goatgrass Chicory Musk thistle Purple loosestrife Russian olive Euphorbia esula Acroptilon repens Centaurea solstitalis Carduus acanthoides Cynoglossum ocinale Arctium minus Onopordum acanthium Cirsium arvense Centaurea maculosa Centaurea drif ``icsa Linaria dalmatica Linaria vulgaris Cardaria draba Tamarix parvif lora Tamarix ramosissima Chrysanthemum leucantheum Aegilops cylindrica Cichorium intybus Carduus nutans Lythrum salicaria Elaeagnus august folia //.P71. MOUNTAIN CROSS ENGINEERING, INC. Civil and Environmental Consulting and Design June 6, 2014 Mr. David Pesnichak Garfield County Planning 108 8th Street, Suite 401 Glenwood Springs, CO 81601 RE: Funsten ADU Administrative Permit: GAPA 7897 Dear David: This office has performed a review of the documents provided for the Administrative Permit Application of the Funsten ADU. The submittal was found to be thorough and well organized. The following comments were generated: 1. The Applicant should describe how the well(s) will be used for the proposed dwelling unit. 2. The application materials did not provide any information on the feasibility of an onsite wastewater treatment system to serve the ADU or the suitability of the site soils to support one. 3. The application materials mention that they intend to reuse an existing foundation. This foundation integrity should be verified by a structural engineer prior to reuse. 4. The Applicant should provide a more itemized breakdown of how the existing driveway complies with the items in Table 7-107 such as easements, surface widths, and ditches. 5. The Applicant should verify if there is a driveway access permit with Garfield County Road and Bridge. Feel free to call if you have any questions or comments. Sincerely, Mount in Cross Engine rin nc. is Hale, PE 826', Y2Grand Avenue, Glenwood Springs, CO 81601 P: 970.945.5544 F: 970.945.5558 www.mountaincross-eng.com David Pesnichak From: Franco DNR, Ivan <ivan.franco@state.co.us> Sent: Wednesday, June 04, 2014 9:21 AM To: David Pesnichak Cc: Alan Martellaro - DNR; Jake.DeWolfe@state.co.us Subject: Funsten - ADU - GAPA7897 Follow Up Flag: Follow up Flag Status: Completed Mr. Pesnichak, We have reviewed the proposal for an administrative permit to allow an accessory dwelling unit on a 3.995 acre parcel. The applicant does not propose to create a new parcel or change the size of the existing parcel. There are currently two dwellings on the 3.995 acre lot and no additional dwellings are proposed. The administrative permit, if approved, would allow the existing operations to continue. Water is supplied to each dwelling by two wells, each servicing one dwelling. There is no indication that the applicant intends to use water from either well for any use outside of household proposes only. This office has record of the two existing well permits on the applicants parcel. The first is Permit no. 47105 which was issued on July 1, 1971. On July 22, 1983 the well owner submitted an Amendment of Existing Record indicating the well was put to use on October 10, 1971 for household use only. The use of water from this well is limited to historic uses prior to May 8, 1972, which records indicate as household use only in one single family dwelling. The second well on the parcel has Permit no. 73985 which was issued on April 23, 1973 for household use only. A Statement of Beneficial use was submitted on August 3, 1983 indicating the well was put to use for household purposes on August 15, 1975. The use of water from this well is restricted to household use inside one single family dwelling. The referral indicates that the applicant may wish to commingle waters from both wells into a central system providing water to both structures. The use of each well is limited to household purposes inside one single family dwelling and no combining of waters would be allowed under the existing permits. So long as the applicant continues to utilize the wells pursuant to the conditions of approval of there respective existing permits, this office has no objection to the Administrative Permit request.lf you or the applicant has any questions please contact feel free to contact me. Sincerely, Ivan Franco, E.I.T. Water Resources Engineer COLORADO Division of Water Resources Department of Natural Resources 1 David Pesnichak From: Michael Prehm Sent: Tuesday, May 20, 2014 9:52 AM To: David Pesnichak Subject: Funsten - ASU David, After reviewing and stopping for a site visit, James came out and we discussed the three driveways. Our driveway access code allows 1 access per dwelling. James has 3 with the middle and Northern access gated, with gates closed. We agreed the use of the Southern driveway as a primary entrance. James would need to get a Driveway Access Permit from Road & Bridge for the Southern driveway to bring it up to code. The other 2 would remain gated with limited use. Any questions please contact me. Mike Prelim Garfield County Road & Bridge Foreman/Glenwood District (970) 945-1223 Office (970) 945-1318 Fax. (970) 618-7109 Cell 1 Garfield County PUBLIC HEARING NOTICE INFORMATION Please check the appropriate boxes below based upon the notice that was conducted for your public hearing. In addition, please initial on the blank line next to the statements if they accurately reflect the described action. My application required written/mailed notice to adjacent property owners and mineral owners. Mailed notice was completed on the 1Z �/`�i � day of T) , 2014. All owners of record within a 200 foot radius of the subject parcel were identified as shown in the Clerk and Recorder's office at least 15 calendar days prior to sending notice. X. All owners of mineral interest in the subject property were identified through records in the Clerk and Recorder or Assessor, or through other means [list] ■ Please attach proof of certified, return receipt requested mailed notice. My application required Published notice. Notice was published on the day of , 2014. ■ Please attach proof of publication in the Rifle Citizen Telegram. My application required Posting of Notice. Notice was posted on the day of , 2014. Notice was posted so that at least one sign faced each adjacent road right of way generally used by the public. I testify that the above information is true and accurate. Name: 3— 6_ f U.✓�F 1✓ Signature: /y Date: ja1UNITED STATES , POSTAL SERVICE Date: June 7, 2014 james funsten: The following is in response to your June 7, 2014 request for delivery information on your Certified Mail item number 70140510000127381093. The delivery record shows that this item was delivered on May 16, 2014 at 9:22 am in CARBONDALE, CO 81623. The scanned image of the recipient information is provided below. Signature of Recipient : xe Address of Recipient : k• f►43LH C 1 () Thank you for selecting the Postal Service for your mailing needs. if you require additional assistance, please contact your local Post Office or postal representative. Sincerely, United States Postal Service JOUNITED STATES POSTAL SERVICE Date: June 7, 2014 james funsten: The following is in response to your June 7, 2014 request for delivery information on your Certified MaiITM item number 70140510000127381079. The delivery record shows that this item was delivered on May 16, 2014 at 9:48 am in ELKINS, AR 72727. The scanned image of the recipient information is provided below_ .,.....1 Signature of Recipient : `m° Address of Recipient : Pttio-vg.....4.-) 1 64 cis a r•1 O t/ ' E r S /1. go /Ux ► L__,. Thank you for selecting the Postal Service for your mailing needs. If you require additional assistance, please contact your local Post Office or postal representative. Sincerely, United States Postal Service UNITED STATES POSTAL SERVICE Date: June 7, 2014 james funsten: The following is in response to your June 7, 2014 request for delivery information on your Certified MaiITM item number 70140510000127381086. The delivery record shows that this item was delivered on May 16, 2014 at 1:18 pm in CARBONDALE, CO 81623. The scanned image of the recipient information is provided below. Signature of Recipient : Address of Recipient : C bc� rA ca C C7 Thank you for selecting the Postal Service for your mailing needs. If you require additional assistance, please contact your local Post Office or postal representative. Sincerely, United States Postal Service �, UNITED STATES Mid AUSTL SERVICE Date: June 7, 2014 james funsten: The following is in response to your June 7, 2014 request for delivery information on your Certified MalITM item number 70140510000127381116. The delivery record shows that this item was delivered on May 13, 2014 at 12:09 pm in CARBONDALE, CO 81623. The scanned image of the recipient information is provided below. Signature of Recipient : Address of Recipient : r usavery �.cuan Thank you for selecting the Postal Service for your mailing needs. If you require additional assistance, please contact your local Post Office or postal representative. Sincerely, United States Postal Service UNITED STATES POSTAL SERVICE Date: June 12, 2014 james funsten: The following is in response to your June 12, 2014 request for delivery information on your Certified MlailTM item number 70140510000127381109. The delivery record shows that this item was delivered on June 11, 2014 at 4:02 pm in CARBONDALE, CO 81623. The scanned image of the recipient information is provided below. Signature of Recipient : Address of Recipient : Thank you for selecting the Postai Service for your mailing needs. If you require additional assistance, please contact your local Post Office or postal representative. Sincerely, United States Postal Service UNITED STATES POSTAL SERVICE Date: June 12, 2014 james funsten: In response to your request dated June 12, 2014, we regret to inform you that we were unable to locate any delivery information in our records regarding your item number 70140510000127384001. If you would like additional assistance with this inquiry, please take this receipt to your local Post Office or postal representative. Sincerely, United States Postal Service m ru U.S. Postal Service, CERTIFIED MAIL. RECEIPT (Domestic Mali Oily; No Insurance Coverage Provided) For delivery Information visit our wehoda at vimiw.usrle,cont ELKINS Mt 72727• Restage Certified Fee Return Reegaint F. 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SorrtTh /./0 &Ca/ 4L Cr4Z02-t" V 31*'70'8t.'3L./60 Clly, SUM, 27P+4 IrdivLIALE tti /t2 Ps FUT. 3E150, August 2005 See ReAriuse far Mstructions U.S. Postal Service, CERTIFIED MAIL,., RECEIPT (Domestic Mali Only; No Insurance Coverage Provided) For delivery Information visit our website et vuww,usps.comj • Trxei ac. =zit- 5i. 73- eg // 2- c*"''''zP`4 .211X45cm-1,0.0LC L.0. glizj PS Perm MO, August 2006 See Reverse for InnituCtiene