HomeMy WebLinkAbout7.0 BOCC Staff Report 09.21.2009BOCC Exhibits (9121 12009)
(Mojor lmpoct Review- High Meso RV Pork- High Meso Portners LLC)
Exhibii
Letler
(A to Z)
Exhibil
A Proof of Moil Receipts
B Proof of Publicotion
c Gorfield County Unified Lond Use Regulotions of 2008, os omended (ULUR, the
Zonins Code)
D Gorfield County Comprehensive Plon o
E Town of Porochute Moster Plon (2OO2l
F Applicotion
G Stoff Report 8.10.09
H Exhibits 8..l0.09
I Excerpt, Minutes, Plonning Commission meeting of 5..l3'09
J Sioff Repoi 9.21.09
K Stoff Powerpoint
AA E-moil, Gorfield County Vegetotion Monogement Deporiment- Director,
Steve Anthony, doted 9.,l5.09
BB E-moil, Gorfield County Rood & Bridge Deportment-Administrotive Foremon,
Joke Moll, doted 8.31.09
cc E-moil, Gorfield County Oil & Gos Lioison, Oil & Gos Administrotive Assistont,
Wendy Swon, doted 9.1.09
DD E-moil, Gorfield County Public Heolth Deportment- Environmentol Heolth
Monooer, Jim Rodo , doted 9.4.O9
EE
E-moil, Colorodo Deportment of Public Heolth & Environmeni (CDPHE)- Mork
Kodnuck, P.E., doied ?.4.09
FF
Letter, Grond Volley Fire Protection District (GVFPD), Rob Ferguson, Deputy
Fire Chief- Operotions, doted 9.15.09
GG Letter, Gorfield County Plonning Deportment- Project Engineer, John
Niewoenher P.E., doted 9.15.09
HH E-moil, Bureou of Lond Monogement, Glenwood Springs Field Office- Reoliy
Speciolist, Corole Huey, doied 9.15.09
il Emoil, Colorodo Division of Woter Resources- Stote Engineer's Office-Mike
Bender. doted 9.16.09
PROJECT INFORMATION AND STAFF COMMENTS
BOCC 9/21109 DD
Land Use Change for a for a 'Campground /
RV Park'through a Major lmpact Review
High Mesa Partners, LLC; Daybreak Realty
LLC; James Eugene SPeakman,
Monique Teresa Speakman
2407-193-00-189 (36.637 acres) RV Park
2407 -193-00-1 62 (61 4.7 13 acres) Daybreak
2409-244-00-124 (103.25 acres) Speakman
Subject property is located off a well pad
access road off CR 300, approximately 1 mile
south of Battlement Mesa
Rural; Adjacent: Public Lands (BLM)
TYPE OF APPLICATION
APPLICANT
SITE INFORMATION
LOGATION /ACCESS
EXISTING
'
ADJACENT ZONING
I. DESCRIPTION
OF THE PROPOSAL
The application is for a Land Use
Change Permit through the MIR process
for a recreational vehicle (RV) Park.
The site is shown on the maP at right,
and is % miles from CR 300, south of
Battlement Mesa.
The campground would consist of 119
back-in parking spaces for RVs with full
hook-ups and utilities, with no tent
spaces proposed.
To support the facility:
II. PROCESS
A Major lmpact Review is defined in2-106 of The lJnified Land Use Resolution of 2008
Utip as'a land use considered to have a significant impact'. The Planning Commission's
revie.w is sought to consider the project's relationship to The Comprehensive Plan of 2000.
A recommendation from the Planning Commission is sought; the application shall then be
presented to the Board of County Commissioners for decision.
MIR High Mesa RV Park - D.Dunbar - BOCC 9/21/09
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2
MIR High Mesa RV Park- D.Dunbar- BOCC 9/21/09
NOTE TO BOCC: STAFF lS PROVIDING YOU WITH A STAFF REPORT WITH THE
APPLICANT'S RESPONSES AND COMMENTS INCLUDED IN RED FOR YOUR REVIEW.
ADDITIONALLY THERE ARE SEVERAL SUPPLEMENTAL DOCUMENTS SUBMITTED BY
THE APPLICANT (BINDER CALLED '.UPDATED INFORMATTON ONLY',)
III. REFERRAL AGENCY GOMMENTS
SINCE INTTIAL REVIEW STAFF ALSO RECEIVED REVIEW COMMENTS FROM THE
FOLLOWING ENTITIES, ATTACHEDAS THE FOLLOWING EXHIBITS:
E-mail, Garfield County Vegetation Management Department
Director, 7 .29.09, revised 9. 1 5.09
E-mail, Garfield County Road & Bridge, 8.31.09
E-mail, Garfield County Oil & Gas Liaison, 9.1.09
E-mail, Garfield County Environmental Health Manager,
9.4.09
E-mail, Colorado State Department of Public Health and
Environment (CDPHE), 9.4.09
Letter, Grand Valley Fire Protection District Deputy Fire
Marshal, 9.11.09
E-mail, Garfield County Planning Department Project
Engineer, 9.15.09
E-mail, BLM, Glenwood SpringsArea Office, 9.15.09
Letter, Colorado State Division of Water Resources, State
Engineel 9.16.09
No response received from Town of Parachute, Colorado Division of Wildlife,
Garfield 16 School District.
IV. APPLICANT RESPONSE
ln summary, the Applicant has revised their application based on the comments
provided by the County Planning Staff Report and the Planning Commission:
1. Regarding deficiencies of 7-104 (Sufficient Legal and Physical Source of Water):
Applicant has:
a. re-applied to correct error in application for the two commercial wells;
b. agreed to provide proof of issued permit for the two commercial wells prior
to issuance of Land Use Change Permit;
2. Regarding deficiencies of 7-105 (Adequate Water Supply):
Applicant has:
a. stated that the Upper Pond is no longer being considered a part of the fire
flow pond water supply, and therefore system details, easements and
maintenance details are not needed;
revised West Divide Water report that provides proper calculations and
states that it implies a perpetualwater contract;
provided copies of corrected well permit applications;
T
I
(EXHTBTTAA)
(EXHTBTT BB)
(EXHIBIT CC)
(EXHTBIT DD)
(EXHrBrr EE)
(EXHTBTT FF)
(EXHrBrr GG)
(EXHTBTT HH)
(EXHTBTT il)
b.
MIR High Mesa RV Patu - D.Dunbar - BOCC 9n1/09
3. Regarding deficiencies ot7-106 (Adequate Water Distribution, Wastewater Systems)
Applicant has:
a. provided an application for an appropriately scaled wastewater treatment
system;Applicant agrees that permits for this system shall be in place
prior to issuance of the Land Use Change Permit;
b. provided an application for an appropriately scaled central water treatment
system;Applicant agrees that permits forthis system shall be in place
prior to issuance of the Land Use Change Permit;
c. provided proof that the two wells being considered for commercial permits
have adequate quantity and dependability, as per a required 24-hour
pump test; Applicant agrees that permits for this system and wells
shall be in place prior to issuance of the Land Use Change Permit;
d. represents that CDPHE approvalwill be secured forthe systems and be in
place prior to the issuance of the Land Use Change Permit;
e. provided proof of appropriate system design features required by Garfield
County;
f. agrees to satisfy requirements of the fire service provider related to fire
flow system and a sign-off letter shall be in place prior to issuance of
the Land Use Change Permit;
4. Regarding deficiencies of 7-107 (Adequate Public Utilities)
Applicant has:
a. provided a signed contract from Holy Cross Energy, and has agreed that
proof of recorded document shall be provider prior to issuance of
Land Use Change Permit;
b. have agreed (with Garfield County Project Engineer) that satisfyingT-107
also serves to satisfy 7-309.
5. Regarding deficiencies of 7-108 (Access and Roadways)
Applicant has:
a. agreed (with Garfield County Project Engineer) that satisfying 7-108 also
serves to satisfy 7-307
b. agreed (with Garfield County Project Engineer) to standards for the
project, those being:. Minor Collector Road design standards. Shoulder width of 4 feet. Allowable grade of 1Oo/o with additional safety enhancements
as per GarCo Project engineer on curves (guardrail). Adequate ROW recorded for the public (rather than private)
c. agreed to provide adequate securities for site re-vegetation, reclamation,
and to secure chip-seal improvement (in order to delay chip-sealing
the road for 18 months from the date of construction);
d. agreed to provide a dust mitigation plan that meets the conditions setforth
by GarCo Environmental Health Manager.
6.
7.
MtR High Mesa RV Park- D.Dunbar- BOCC 921/09
Regarding deficiencies of 7-109 (No Significant Risk from Natural Hazards)
Applicant has:
a" agreed that if the BOCC approves the exceptions recommended by Staff
t6 grade, and if the fire service provider provided a sign-off letter for the
fire 1ow requirements and emergency access road, that wildland fire risk
is adequatelY mitigated.
Regarding deficiencies of 7-202 (Protection of Wildlife Habitat areas.)
Applicant has:
a. agreed to conditions recommended by Staff.
8. Regarding deficiencies of 7-203 (Protection of Wetlands and Waterbodies)
Applicant has:
a. agreed to include recommendations of the Garfield County Project
Engineer in the Stormwater Management Plan;
b. Applicant has agreed to add a section to the park guidelines to dealwith
minor spills from RVs and other vehicles;
9. Regarding deficiencies of 7-205 (Erosion and Sedimentation) 7-zOG (Drainage) and
7 -207 Stormwater Ru n-Off)
Applicant has:
a. agreed to limited site disturbance as per Garfield County Project Engineer
recommendations;
b. agreed to file the required Storm Water Management Plan (SWMP) with
the State Department of Public Health & Environment (CDPHE) prior
to disturbance;
c. provided updated plans and updated SWMP that incorporate all temporary
and permanent erosion control measures and depicts irrigation for re-
vegetating disturbed sloPes;
d. provided updated easements for the north and south storm water
retention ponds and the fire flow pond, and shall record these
easements Prior to disturbance;
e. provided updated easement information for the High Mesa storm water
retention pond on the RV Park parcel, and has agreed to revise and
execute the Final Easement plat upon County Staff approval;
f. agreed (with Garfield County Project Engineer) that satisfying7-205,206,
and 207 also serves to satisfy 7-806 (H), and (l)
10. Regarding deficiencies of 7-208 (Air Quality)
Applicant has:
a. agreed to meet State standards during construction;
U. u-pOateO the maintenance manual to comply with GarCo Environmental
Health Manager;
11. Regarding deficiencies of 7-212 (Reclamation)
Applicant has:
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MIR High Mesa RV patu- D.Dunbar- BOCC 9f21/09
a. provided an updated Engineer's estimated construction cost spreadsheet
with Letter of Credit items;
b. agreed that re-vegetation security in the amount of @2500 lacrefor a total
of $18, 377 .00 as per Garco Vegetation Manager shall be in prace
prior to disturbance;
c. agreed that allsecurities (re-vegetation, reclamation, chip-seal) shallbe in
place prior to disturbance;
12. Regarding deficiencies of 7-806 (K) (Electrical Distribution/Communication wiring)
Applicant has provided updated plans.
THE PLANNING COMMISSION RECOMMENDED THAT BOCC APPROVE THE
PROJECT WITH THE 14 CONDITIONS RECOMMENDED BY STAFF.
THE APPLICANT HAS AGREED TO MEET THE FOLLOWING CONDITIONS AS
STATEDAT PLANNING COMMISSION HEARING 5.13.2009, AND RE-STATED IN
THE PREVIOUS STAFF REPORT SUBMITTED TO THE BOCC ON FOR
HEARING ON 8.10.2009: CONDTTIONS 1-10, and 14
THEAPPLICANT HAS RESPONDED TO CONDITIONS 11-13WITH STAFF RESPONSE
FOLLOWING.
V. STAFF RESPONSE
1. Staff Response to.Sqction 7-104 and 7-105 specific to potable water supplv:
TheApplicant has applied for a correction for the two wetls on the Speakrnan property
(as commercialwells to serve the High Mesa RV Park.) Atthe time of this writing, there
have been no corrected wel! permits issued.
This standard has not been met.
Condition of Approval (11) shall read:
. Prior to any disturbance of land, the Applicant shall provide,
A. verification of permits issued to serve the High Mesa RV park for
the two (2) commercialwells,
B. any notification and tests required by Garfield countyforthe wells.
Fire flow requirements are to be set forth by the fire service provider, as per 7-104
(AXs). As represented to Planning Staff, water to fill and maintain the fire flow pond is
to come from the Daybreak Realty LLC (Graham) parcel, as surface runoff, augmented
with water from the two commercial wells. The Applicant represented that enough
surface runoff would channelto the fire flow pond, and that the Upper Pond would n-ot
MIR High Mesa RV Part- D.Dunbar- BOCC 9f21/09
be used as part of the system. Therefore, the Upper Pond was not included in the fire
flow system and no easement to it was included in the application.
At present, there is no system relationship depicted or stated between the Upper Pond
and the Fire Flow pond ior delivery of water, only an application to legitimize an existing
non-jurisdictional dam. Further, ihere is no system relationship depicted or stated
between the two commercial wells and the Fire FIow Pond for delivery of water.
. TheAmended Water Supply Report, Page 1 states that the commercialwells
will be used for domestic water and fire protection, and that:
The lJpper Pond will be constructed on the tenace above the RV Park as
shown in Figure 2. The pond witt be used to store precipitation runoff in
prioity andinigation waier delivered to the propefty under the Applicant's
existing inigation rights. An application has been filed with Distict Court,
Water Division 5 for the Upper Pond-'
. The abovementioned report also says that'up to 50,000 gallons of waterper
year witt be pumped from the wells for fire protection''
. The application materials for the water impoundment application for the
Upper'Pond states that its use is to 'sfore and provide water to fire pond,'
. The Water Supply Report from SGM states that the water storage tank
capacity does noi incluOe fire flow and irrigation. There.is no information
provide-d that determines if there is adequate water beyond the potable water
demands to serve as fire flow. In conversation with the report's author,
Engineer Bob Pennington, he stated that there is ample supply from the
wells to fill the two 20,b00 gallon potable water tanks in 12 hours, and that
the demand was scaled foi a summer's day when the park would be likely
full and the water demand at its peak.
ln discussion with the Grand Valley Fire Protection District, Deputy Fire Marshal Rob
Ferguson and Chief David Blair boih stated to Staff that it was their understanding that
wat6r from the Upper Pond is used to augment the fire flow pond, and that water from
the potable watei ianks would also be used to augment the fire flow pond. (Exhibit FF)
As the fire service provider is the authority that sets the standard for fire flow [as per 7-
104(AX5)], Staff recommends that verification from the Grand Valley Fire Protection
Oistiiit'Oe provided that the system they require is the system th.at has been put in
place. Staff recommends the Applicant provide a letter from the fire service provider
that verifies and dePicts:
a. the fire flow pond including its water delivery system(s), easements,
and maintenance road! from all impoundments and wells required
for its operation,
b. the emergency access road, its'knock off'gate, and its surface,
7
MIR High Mesa RV Pa*- D.Dunbar- BOCC 9D1/09
c. the fire safety and response plan including the annual inspection
date(s) of the fire flow pond.
The Upper Pond is both part of the irrigation system and part of the water supply for the
fire flow pond. Staff recommends as a condition of approval that the Applicant be
required to present to the Garfield County Planning Department Project Engineer:
o pl'op€r recorded easements for the Upper Pond, design of the ditch or pipe
conveyance to the fire flow pond, and any maintenance road that may be
required to the satisfaction of the Garfield County Planning Department
Project Engineer, and amend the Site Plan accordingly,o system details (design specifications, easement and maintenance road
requirements) if there is to be an augmentation system from the potable
water storage tanks,o a statement from SGM revising the volume of waterto be processed through
the system to ensure that the water system is adequately sized, if water for
augmentation of the fire flow pond is to be processed through the water
treatment facility.
In comments from the Colorado State Division of Water Resources, State Engineer's
Office (Exhibit ll), there is considerable comment about water for fire flow, decrees and
permits for the RV Park.
They state that the well change permits to commercial use have not been filed with their
agency, and the impoundment decree for the Upper Pond and Fire Flow Pond has not
been issued. Their analysis of the augmentation plan for 2 acre feet from the West
Divide Water Conservancy District (WDWCD) equals enough water to fillthe fire flow
pond once to 50,000 gallons, which is the minimum standard set by the Grand Valley
Fire Protection District. (Exhibit FF)
Their assessment of the proposal indicates that the Fire Flow Pond is expected to be
filled to 50, 000 gallons with spring run-off and augmented during the year from the
Upper Pond, assuming approval from the Water Court for the storage rights application.
They state that the Applicant proposes to fill and maintain the Fire Flow Pond with
ground water from the commercial we!!s.
As this is not a subdivision application, there is no objection to the proposal using a
pond as a fire flow reservoir, but they have recommendations about permitting and
managing the fire flow system to operate within requirements from the State and
WDWCD.
Their comments direct the Applicant to include provisions in their plan to:o Amend the well permit applications to account for the additional use of the
commercialwells to fill and maintain the Fire Flow Pond is inadequate,
MIR High Mesa RV Patu - D.Dunbar- BOCC 9f21/09
o Provide for the amount of replacement water that will need to be supplied
to the West Divide Water Conservancy District (WDWCD)if pumping from
the well increases beyond the planned amount,
. Provide an annual assessment to account for water at the end of spring
runoff season to confirm the ready-status of the Upper Pond and Fire
Flow Pond with the fire service provider, to determine whether additional
ground water pumping will be needed, and to initiate arrangements to
obtain replacement water from the WDWCD.
The Applicant can satisfy these requirements, and in some circumstances, the
Applicant has the response action underway. Staff recommends making these
recommendations a condition of approval.
This standard has not been met; Staff recommends that it be included as a Condition
of Approval prior to the issuance of the Land Use Change Permit.
Staff recommends that a letter of acceptance by the Grand Valley Fire Protection
District for the fire protection system be a condition of approval, as well. The letter of
acceptance shall state the Grand Valley Fire Protection District's sign-off for the
following: fire flow pond and its water augmentation system(s) from Upper Pond and/or
commeicialwells, fire flow pond maintenance plan, and emergency access road.
Conditions of Approval (13) shall read:
{ Prior to disturbance of land, theApplicant shall provide to the satisfaction of
the Garfield County Planning Department Project Engineer:
A. proper recorded easements forthe Upper Pond, design of the ditch or
pipe conveyance to the fire flow pond, and any maintenance road that
may be required to the satisfaction of the Garfield County Planning
Department Project Engineer, and amend the Site Plan accordingly,
B. system details (design specifications, easement and maintenance
road requirements) if there is to be an augmentation system from the
potable water storage tanks,
C. a statement from SGM revising the volume of water to be processed
through the system to ensure that the water system is adequately
sized, if water for augmentation of the fire flow pond is to be
processed through the water treatment facility.
Conditions of Approval (14) shall read:
,/ Prior to issuance of the Land Use Change Permit, the Applicant shall provide
a letter from the Grand Valley Fire Protection District acknowledging
acceptance of the design and proper installation of
A. the fire flow pond including its water delivery system(s),
easements, and maintenance roads from all impoundments
I
MIR High Mesa RV Pa*- D.Dunbar- BOCC 9f21/09
and wells required for its operation,
the emergency access road, its knock off gate, and its surface,
the fire safety and response plan including the annual
inspection date(s) of the fire flow pond,
an annual assessment to account for water at the end of spring
runoff season to confirm the ready-status of the Upper pond
and Fire Flow Pond, to determine whether additional ground
water pumping will be needed, and to initiate arrangements
to obtain replacement water from the WDWCD.
3. Stafl Response to SectionT-1OG (Adequate Central Water Distribution and
Wastewater Svstem, T-806 H. I (Campsround Standards forWater Supplv and
Distri bution, Sewage DisposaD requirements :
The Applicant has revised applications (to correct errors in capacity) and they have
been submitted to the State for permits for the systems required for the operation of
the RV park for wastewater treatment and water treatment. lt has been expressed in
comments from the State Engineer's Office and the State Department of Public
Health & Environment (CDPHE) (Exhibit EE) hat the operator of such facilities must
have a license.
While some of the proposed buildings are not necessary for the operation of the RV
Park, the laundry/shower building and dump station are components that are related
to the permitted levels of potable water and sewage. They are, therefore, required
structures. No issuance of the Land Use Change Permit may be allowed without
these components.
Prior to granting the Land Use Change Permit from Garfield County that would allow
the Applicant to open the RV Park to the public, the Applicant shall submit to Garfield
County Planning copies of all inspections and reports required by the State or
County, and submit copies of all required State or County permits, decrees or
licenses.
Conditions of Approval (15) shall read:
'/ Prior to the issuance of the Land Use Change Permit, the Applicant shall
provide, along with any notification and tests required by Garfield County,
verification of permits, licenses, decrees and inspections required for the
facilities to serve the High Mesa RV Park, in specific for the following:A. two (2) commercialwells,
B. wastewater treatment plant,
C. water treatment plant,
D. operator's license(s).
B.
C.
D.
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MtR High Mesa RV Patu - D.Dunbar - BOCC 9f21/09
Conditions of Approval (16) shall read.
./ prior to the issuance of the Land Use Change Permit, all components
required for the operation of the RV Park must be completed, including but
n ot I i m ited t"'
fil;flffi j? ffi9, :',; ;;u:t"*y a ccess a n d m a i nte n a n ce,
. laundry/shower facilitY,
' RV dump station and wastewater system,
: E:iiffi;|*t*'$#j#:I:rtu, .ns and,es,s
4.fne m Holy Cross Energy, and has agreed
that proof of recoided document shall be provided prior to issuance of Land Use
Change Permit.
This standard has been met.
5.
Applicant has agreed
Applicant has agreed
that by satisfying
to standards for
es of 7-108 (Access and Roactwa
7-108, requirements for 7-307 are met. The
Engineerthe project, as per GarCo Project
(Exhibit GG):
A. Minor Collector Road design standards
Per the County Design Standards (Section 7-307), the project trffic volume
requires thot the road be constructed to standards of a minor
cillector with \2-foot lane widths, 6-foot shoulders, and a chip-seal
surface. (The minor collector road standard applies to roads with
401 to 2500 trips per day based on 120 units and 4.8 trips/day/unit,
the ITE trip generation standardfor RV Parks')
B. Shoulder width of 4 feet
Road Width: Per previous discussions with the Applicont, the County will
allow the shoulder width to be reduced to 4-foot, the minimum
allowed bY the Code.
C. Allowable grade of 10% with additional safety enhancements as per GarCo
Project Engineer on curves (guardrail)
The County Project engineer notes that the 10% grade on the main access
road occurs on a curved part of the road. The combination of the steep
grade and the curye increases the risk to those using the road. Per the
County Code, the moximum grade of such minor collector roads is 8%.
The Applicant proposes to mitigate the excessive slope by posting a speed
11
MIR High Mesa RV patu - D.Dunbar- BOCC 9f21/09
limrt of 20 mph. The Code allows BOCC to approve excessive slopes
(Section 7-209 H). The Staffrecommends that should the BOCC approve
the access road slope, that no additional development will occur prior to
the road being reconstructed to meet County roadway design standards.
D. Adequate ROW recorded for the public (rather than private.) Applicant has
agreed to this, and this can be met. (Contrary to GarCo Engineer's
comments, easements must be in place for facilities on parcels that are to
serve the RV Park, from the owner to High Mesa Partners, LLC to serve the
RV Park, as the other individuals are party to the application for the off-site
facilities only.)
Regarding right-of-way along CR 300, GarCo Road & Bridge recommended that the
Applicant be prohibited from placing signs other than approved driveway access signs
atop stop signs without GarCo permission. Any signs to be installed shalt have proper
Garfield County permits and meet the sign code. (Exhibit BB)
No signage otherthan the approved drir.elvay access stop sisns shall be placedwithin tE;
CountyROW li'ithout approval of Garfield County.
If a 60-foot deeded ROW does not presentlv exist for Cr. 300 a strip ofland 3o-foo1
rvide frorn the center line of the existing road the entire leneth of t@
this application shall be deeded to Garfield Ctountv for futur.e road impror,,ements.
Furthel Staff recommends theAppticant also be requested to deed to Garfield County
the acreage necessary along its frontage on CR 300 to bring CR 3OO to a full 30 feet
from centerline, with no financial consideration or exchange required.
The Applicant has agreed to provide adequate securities for site re-vegetation,
reclamation, and to secure chip-seal improvement (in order to delay chip-sealing the
road for 18 months from the start of construction.) For re-vegetation and reclamalion,
those requirements are as follows:
E. Re-vegetation security shall be as stated by GarCo Vegetation Manager
Steve Anthony (Exhibit AA):
Staffrecommends a re-vegetation security of $2500/acrefor a total of
$18,i77.00
The security shall be held by Garfield County until vegetation has been
successfully reestablished according to the Reclamation Standards in the
Garfield County Weed Management Plan. It is the responsibility of the
applicant to contact the county, upon successfut re-vegetation
establishment, to request an inspectionfor security release consideration.
The Reclamation Standards at the dote of permit issuance are cited in
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MtR High Mesa RV Pa* - D.Dunbar - BOCC 9n1/09
Section 4.06, 4.07 and 4.08 of the Garfield County Weed Management Plan
(Res olution #2 002 -9 4).
The discrepancy between the estimated re-vegetation security of $18,377 and $20, 549
is based on theApplicant's engineer's estimate, which includes other exotic species
found as a result of the new wetlands study provided that were not originally included in
the earlier estimate.
F. Reclamation security shall be as stated by the GarCo Project Engineel
John Niewoenher, P.E.:
The Applicant has requested that main access roadway (that provides access for the
public) not be surfaced (chip-sealed) prior to the issuance of the Land Use Change
irermit. EnCana Oil & Gas (USA) lnc. has several well pads to the south of the RV
Park, and the Applicant states that until heavy rig equipment is removed, these
oversized pieces of equipment may damage the road surface that will be installed to
serve the RV Park. TheApplicant requests that Garfield County accept a security and
allow the chip-sealing to take place 18 months from the 'start of construction'.
Staff recommends that because 'start of construction' is not a date certain, that the
BOCC consider the following conditions regarding the Applicant's request to delay chip-
sealing the access roadway:
G. lf adequately secured, the Applicant may delay chip-sealing the main
access roadway to a date no more than 18 months from the BOCC date of
approval (9t21t09), or 30 days after EnCana',s energy development
requiring oversized equipment ends, whichever comes first,
H. Security shall be as stated by the GarCo Project Engineer, John
Niewoehner, P.E., that being $66.034.00,
13
Security Type Amount
Minimum
Expiration
Date
Release of
Security by
County
Purpose
Restoration of
RV Park and
Appurtenances
Note #1
$249,036
Note #4
18 months
after BOCC
approval
After RV Park
receives County
LUC Permit
Guarantees the restoration
of land to pre-develoPment
conditions (excluding
re-vegetation)
Access Road
Chip-seal
Note #2
$66,304
Note #5
2.5 years
after BOCC
approval
After Chip-seal is
approved by
County
Guarantees Applicant will
perform chip-seal bY March
2012; one year after RV Park
receives LUC permit.
Re-veqetation
Note #3
$64,900
Note #6
3 years
after BOCC
approval
After re-vegetation
is approved by
Countv
Guarantee adequate
re-vegetation w/o weeds.
MIR High Mesa RV Park - D.Dunbar - BOCC 9/21/09
I. Prior to chip-sealing, the access roadway shall be built to the standard
required by the GarCo Project Engineer's specifications, and during all
phases (construction, pre-chip-sealing and afterward) the road shall be
maintained to meet Garfield County and State air quality standards with a
dust mitigation plan, as stated by GarCo Environmental Health Manager.
ln the Maintenance Agreement for the roadways, the Applicant has stated that the
owners shall not prohibit access to new parcels. The access permissions for the main
access road and the emergency access road are limited to the use described in this
application as per comments from GarCo Road & Bridge Department:
Driverva-v* accesspermits have been issued for this application. One drivervaJ/ access
permit is for the main entratrce in and out of the RV Park. The other driverva], access
permit is for the emergency entrance only and $'ill have a gate rvith a koock offsvstem._
The emereency drivervav access shall not be considered complete until all conditions oL
the dliveu'alr access permit are complete and approved b:r Garfield Corurw* Road &
Bridge Department. These driveway accesses are for this application onlv.
Staff recommends that the access permitting be limited to the use described in the
application only. The clauses in the Maintenance Agreement shall be revised to
eliminate stated permissions to future additional parcels:
#3. Roadthat includes the language Appendixes A & B shall be revised at any time that
additional parcels have been created that have access to the road.,
#4. Association that includes the language: The association agreement that is in
Appendix D shall come intoforce at such time as a 4'h Parcel is created., and
#2. Owner that includes the language: In the event of any subdivisions, 'owner'shall
mean the owner of the newly created parcel or parcels...
Staff recommends that because this road is being considered in its present proposed
design, with surface timetables and design exceptions related to a defined and limited
traffic count, allowing permissions in the Maintenance Agreement language may
remove Garfield County from adequately guiding revisions or restrictions to the
roadway, its access and impacts in the future. Staff recommends following the
restrictions set forth in comments from Road & Bridge, and eliminating any implied
permissions for access and road use beyond that of the Application itself.
County ROW rvithout approval of Garfield Countv.
If a 60-foot deeded ROW does not presentlv exist for Cr. 300 a strip of Laud 30-foot
rvide from the centerline of the existine roadthe entire length of the propertli involved in
this application shall be deeded to Garfield Countv for future road improvements.
Staff finds that some of the traffic emerging from the RV Park will travel westward on
CR 300, and may travelthrough the intersection of CR 300 and SH 6 Frontage, that is
14
MIR High Mesa RV Park - D.Dunbar - BOCC 9/21/09
presently being evaluated for improvement obligations.
poitential to add to the traffic impact at the cntrance of Cr. 300 to Colorado Statc
clion is already a point of qreat concem and is requiring-
Grovilents. These comments are for this aoolication and traffic imoact only. -
and materials for this pqoiect shall abide by Garfield
---^: -L+
As this is not a subdivision, there is, at present, no assessment required from Traffic
lmpact Fees.
Finally, comment from the BLM Field Office made a request to have the Applicant
provide a GPS shapefib of the main access road to confirm its location. (BLM
manages the neighboring parcel to the south') (Exhibit HH)
Conditions of Approval for access and roadways (1 O, 121shall read:
/ Prior to the acceptance of the Maintenance Agreement, the
Applicant shall:A. Revise all sections to comply with the limitations for access
for the use and level described in the application, that being:
one (1) 119-unit RV Park with related infrastructure
(WWTF,WTF, 4 ponds, 1 shower/laundry facility, dump
station, storage building and campground/ office building
with easements on three Parcels;
B. Revise all statements to comply with the limitations for
access for the use and Ievel described in the application
requirements, as per GarCo Road & Bridge;
r' Prior to the any disturbance of land, the Applicant shall:
A. Design the roadways to meet the following standards:
1. Minor collector road standards, with an allowable
exception of 4-foot shoulder widths, and 10% grade
provided safety features are installed on curves,
2. Design additional safety and drainage enhancements
as per GarCo Project engineer on curves (guardrail,
culverts)B. Meet the following requirements for road right-of-way and
signage:i. Provide adequate ROW recorded for the public (rather
than private) without charge to Garfield county, that being:
15
permiis shall applv for them at Garfield Countv Road & Bridse Department'
C.
MIR High Mesa RV Park- D.Dunbar- BACC 9f21/09
a. 60 feet for the main access road,b. 20 feet for the emergency road,
2. additional acreage necessary on the project parcels,
boundary along CR 300 is requested to bring the ROW to
a full 30 feet from centerline for future road improvements.
Have in place a plan for chip-seating of the main access road:1. lf adequately secured, the Applicant may delay
chip-sealing the main access roadway to a date no
more than 18 months from the BOCC date of
approval, or 30 days after EnCana's energy
development requiring oversized equipment ends,
whichever comes first,
2. Prior to chip-sealing, the access roadway shall be
built to the standard required by the GarCo project
En g ineer's specifications,
3. During all phases (construction, pre-chip-sealing
and afterward) the road shall be maintained to meet
Garfield County and State air quality standards with
a dust mitigation plan, as stated by GarCo
Environmental Health Manager.
Have in place all required plans, agreements, and securities
including, but not limited to:
1. Reclamation,
2. Dust mitigation (to meet Colorado Air Pollution Control
Commission Regulation 1 ),3. lmprovementsAgreement,4. MaintenanceAgreement,
5. Securities for re-vegetation ($20,5491, restoration
($249,036), access road security ($108,g06) and
chip-seal security ($66,304)
Have all required plans and permits required by Garfield
County and the State of Colorado, including, but not limited to:1. Road & Bridge for oversized/overweight vehicles and
traffic control,2. Environmental Health for dust mitigation [Control
Measures as perAPCC Regulation 1, lll.D.b.(iv)l
incorporated into the plan and an Air Pollution
construction permit (State),
3. Planning Department Project Engineer's requirement
for cordoning off areas to minimize land disturbance.
16
D.
E.
MtR High Mesa RV Park - D.Dunbar - BOCC 921/09
F. Prior to any disturbance of Iand, the Applicant shall
provide a GPS shapefile to the satisfaction of the Realty
Specialist of the Glenwood Springs Field Office of the
Bureau of Land Management to determine the land
status of the ingress & egress to the project.
6. Staff response reqardinq deficiencies of 7-109 (No Siqnificant Risk from
Natural Hazards):
Appl'rcant has agreed that if the BOCC approves the exceptions recommended by Staff
to grade, and if the fire service provider provided a sign-off letter for the fire flow
requirements and emergency access road, that wildland fire risk is adequately
mitigated.
Staff recommends the conditions to satisfy 7-109 have been previously
discussed in 7-108. !f 7-108 has been met, this standard has been met.
7. Staff response reqardins deficiencies of 7-202 (Protection of Wildlife Habitat
areas.
Applicant has agreed to conditions recommended by Staff, those being:
Wildlife safety shall be addressedwith thefollowing conditions:
a. Fencing shall meet 'wildlifefriendly'fencing standards ofthe Colorado
Dotl[ and be that in keeping with the rural character of the
neighborhood: non-climbable 2 " x 4 " mesh horse fence with or without
borbed wire strands at the crest, no less than 60" in height.
b. The design and construction of thefire pond shall include bothfencing
to prevent access by wildlife and human beings, and safe egress
measuresfor wildlife and human beings that might inadvertently enter
the pond.
c. Bear-proofwaste receptacles shall be used on-site.
This standard has been met.
8. Staff response reqardinq deficiencies of 7-203 (Protection of Wetlands and
Waterbodies)
a. Applicant has agreed to include recommendations of the Garfield County Project
Engineer in the Stormwater Management Plan;
b. Applicant has agreed to add a section to the park guidelines to dealwith minor
spills from RVs and other vehicles;
Conditions of Approval for protection of wetlands and waterbodies (12.D)
shall read:r' Prior to any disturbance of land, theApplicant shall have updated the
SWMP and the park guidelines to the satisfaction of the Garfield
17
MIR High Mesa RV Park- D.Dunbar- BOCC 9f21/09
County Planning Department Project Engineerto address minorspills
from RVs and other vehicles, incorporate erosion BMPs, and secure
a State SWMP.
9. Staff response reqardino deficiencies of 7-205 (Erosion and Sedimentation).
7-206 (Drainaqe) and 7-207 Stormwater Run-Off)
Staff recommends the Applicant be required to satisfy the Garfield County Project
Engineer. There are requirements that must be satisfied before disturbance to the land
occurs, and requirements that must be satisfied prior to the issuance of the Land Use
Change Permit.
./ Prior to land disturbance, the Applicant has agreed to:,/ limit site disturbance and cordon off areas that will remain
undisturbed as per Garfield County Project Engineer
recommendations;,/ agrees to file the required Storm Water Management Plan
(SWMP) with the State Department of Public Health &
Environment (CDPHE);/ shall record updated easements forthe north and south storm
water retention ponds and the fire flow pond, if applicable,
and revise the Site Plan to depict all necessary easements;'/ shall revise and execute updated easement information for
the High Mesa storm water retention pond on the RV Park
parcel upon County Staff approval;
Conditions of Approval for Erosion, Sedimentation, Drainage and
Stormwater Run-Off (12.E.1 shall read :
Prior to land disturbance, the Applicant shall:
Have all required plans and permits required by Garfield County and
the State of Colorado, including, but not limited to:
3. Planning Department Project Engineer's requirement for
cordoning off areas to minimize land disturbance,
4. State Department of Public Health & Environment (CDPHE)
required Storm Water Management Plan (SWMP),
5. Record updated easements for the north and south storm water
retention ponds, fire flow pond, High Mesa storm water
retention pond on the RV Park parce!, if applicable, and revise
the Site Plan to depict all necessary easements.
10. Staff response reqardinq deficiencies of 7-208 (Air Qualitv)
Staff recommends that while the Applicant has agreed to meet air quality standards
during construction, there are specific local and State requirements that must be
satisfied for operation of the RV Park. These stated requirements appear in the
18
MtR High Mesa RV Park - D.Dunbar - BOCC 9f21/09
comments of the GarCo Environmental Health Manager.
Dust mitigationwill be actively conducted throughout the park at all times,
utilizing the most appropriate best management practices including but not
limited to those recommendedfor private roads as part of Colorado Air
Pollution Control Commission, Regulation l.
Conditions of Approval for Air Quality {12.D.2) shall read:
Prior to land disturbance, the Applicant shall:
Have in place all required plans, agreements, and securities including, but not
limited to:
2. Dust mitigation (to meet Colorado Air Pollution Control Commission
Regulation 1)
11. Staff response reqardinq deficiencies of 7-212 (Reclamation)
fne nppticant s proposing that Letters of Credit be used as securities for the project.
Staff recommends that other forms of securities are more readily administered, namely,
cash deposits and bond. Whateverthe agreed-upon security, Staff recommends that is
be in place prior to any disturbance of land and in the amounts set forth by Garfield
County:,/ Applicant has provided an updated Engineer's estimated construction cost
spreadsheet with Letter of Credit items;
/ Applicant agrees that re-vegetation security in the amount of @2500lacre
for a total of $20,549, as per theApplicant's Engineer estimate shall be in
place prior to disturbance;,/ Applicant agrees that all securities (re-vegetation, reclamation,
improvements, chip-seal ) shall be in place prior to disturbance;
Conditions of Approval for Reclamation (12.D) shall read:
./ Prior to land disturbance, the Applicant shall have securities in place for re-
vegetation, reclamation, improvements and chip-seal).
(This condition includes G, H, and I from Page 12 that are the Garfield
Cou nty Plan n ing Department Project Eng ineer's secu rities.)
12. Staff response reqardinq deficiencies of 7-806 (K) (Electrical Distribution/
Gommunication wirinq)
Staff has confirmed that the updated plans provided by the Applicant are adequate.
This standard has been met.
19
MIR High Mesa RV Pa* - D.Dunbar- BOCC 9f21/09
VI. REGOMMENDEDFINDINGS
1. Proper posting and public notice was provided as required for the meeting
before the Board of County Commissioners (BOCC).
The meeting before the BOCC was extensive and complete, that all
pertinent facts, matters and issues were submitted and that all interested
parties were heard at that meeting.
The above stated and other reasons, the proposed land use change has
been determined to be in the best interest of the health, safety, morals,
convenience, order, prosperity and welfare of the citizens of Garfield
County, as it does meets all the required standards.
The application has met the requirements, or can meet with conditions
recommended by Staff in the Major lmpact Review process, including but
not limited to: Sections 2-101,2-106,3-306, 3-501 , 4-101,4-102, 4-106, 4-
501, 4-502 of the Garfield County Unified Land Use Resolution of 2008,
as amended (ULUB),
VII. STAFF REGOMMENDATION:
Staff recommends that the BOCC follow the recommendation of the Planning
Commission for approval of the High Mesa RV Park with conditions recommended by
Staff (revised, as follows):
All representations of the Applicant, either within the application or stated at
the hearing before the Board of County Commissioners (BOCC), shall be
considered conditions of approval unless explicitly altered by the BOCC.
The operation of the facility shall performed in accordance with all applicable
Federal, State, and local regulations governing the operation of this type of
facility.
Volume of sound generated shall comply with the standards set forth in the
Colorado Revised Statutes for residential standards assessed at a location of
350'from the park or at a point 25' beyond the parcel (RV Park parcel) boundary
whichever is lesser.
The High Mesa RV Park shall be operated so as to complywith all Federal, State
and County air quality laws, regulations and standards for emissions, heat,
glare, radiation, fumes, smoke or other emanation which substantially interfere
with the existing use of adjoining property orwhich constitutes a public nuisance
or hazard.
2.
3.
4.
1.
2.
3.
4.
20
MIR High Mesa RV Pa*- D.Dunbar- BOCC 9f21/09
5. The Applicant shall comply with the fire protection provis'rons included in the
comments of the Grand Valley Fire Protection District (GVFPD), develop a fire
safety and response plan to the satisfaction of the GVFPD and arrange for the
Gran-d Valley Fire Protection District to perform an annual inspection of the fire
protection pond at their convenience.
6. Any signs associated with the use shall be designed to comply with the Garfield
County Sign Code.
T. No storage of heavy equipment is proposed or permitted on this site, with the
exception of a machine orvehicle for snowplowing, which shall be parked in the
storage area or inside a structure.
8. Any lighting of the site shall be pointed downward and inward to the property
center and shaded to prevent direct reflection on adjacent property.
g. All equipment, structures and light fixtures on the site shall be painted with a
neutral shade of tan or sage green non-reflective paint to reduce glare and make
the site more inconspicuous. Structures designed to mimic barns, agricultural
structural or false-front western storefronts may be either neutral colors or faded
barn red, but the surface must be a non-reflective surface to reduce glare.
4€s Prier te site disturbanee er eenstruetien en this prejeet; the fellewing shall be in
pla€e;
-rc€lamati€nl
ineec
(Forcontinuity, all of the conditions of former#10 have been
i ncorporated elsewhere.
Preceding conditions of approval (1-10) were those recommended by
Planning Commission, and agreed to by the Applicant.
The following conditions of approval (10-18) are those recommended by Staff,
based on review of the updated materials supplied byApplicant, with new
referral agency comments (Exhibits AA-ll .)
21
MIR High Mesa RV Park- D.Dunbar- BOCC 9n1/09
10. Prior to the acceptance of the Maintenance Agreement, the Applicant shall:A. Revise all sections to comply with the limitations for access for the
use and level described in the application, that being:
one (1) 119-unit RV Park with related infrastructure: WWTF,
WTF, 4 ponds, 1 shower/laundry facility, dump station, storage
building and campground/ office building with easements on
three parcels;
B. Revise all statements to comply with the limitations for access for
the use and Ievel described in the application requirements, as
per GarCo Road & Bridge;
11. Prior to any disturbance of land, theApplicant shall provide to Garfield
County Planning:A. verification of permits issued to serve the High Mesa RV Park for
the two (2) commercialwells,
B. any notification and tests required by Garfield County for the wells.
12. Prior to the any disturbance of land, the Applicant shall:A. Design the roadways to meet the following standards:1. Minor Collector road standards, with an allowable exception of
4-foot shoulder widths, and 10% grade provided safety
features are installed on curves,
2. Design additional safety and drainage enhancements as per
GarCo Project engineer on curves (guardrail, culverts)
B. Meet the following requirements for road right-of-way and signage:1. Provide adequate ROW recorded for the public (rather than
private) without charge to Garfield County, that being:a. 60 feet for the main access road,b. 20 feet for the emergency road,
2. Additional acreage necessary on the project parcels'boundary
along CR 300 is requested to bring the ROW to a full 30
feet from centerline for future road improvements.
C. Have in place a plan for chip-sealing of the main access road:1. If adequately secured, the Applicant may delay chip-sealing the
main access roadway to a date no more than 18 months
from the BOCC date of approval (9121109), or 30 days
after EnCana's energy development requiring oversized
equipment ends, whichever comes first,
22
C.
MtR High Mesa RV Park- D.Dunbar- BOCC 9/21/09
2. Prior to chip-sealing, the access roadway shall be built to the
standard required by the GarCo Project Engineer's
specifications,
3. During all phases (construction, pre-chip-sealing and
afterwlrd) the road shall be maintained to meet Garfield
county and state air quality standards with a dust mitigation
plan, as stated by GarCo Environmental Health Manager'
Have in place all required plans, agreements, and securities
including, but not limited to:
1. Reclamation,2. Dust mitigation (to meet coloradoAir Pollution control
Commission Regulation 1 ),3. ImprovementsAgreement,4. MaintenanceAgreement,5. Securities for re-vegetation ($20,549), restoration
($249,036), access road security ($108,906) & chip-seal
security ($66,304)
Have all required plans and permits required by Garfield County
and the State of Colorado, including, but not limited to:
1. Road & Bridge for oversized/overweight vehicles and traffic
control,
2. Environmental Health for dust mitigation [Control Measures
as perAPCC Regulation 1, IIl.D.b.(iv)l incorporated
into the plan and an Air Pollution construction permit
(State),
3. Planning Department Project Engineer's requirement for
cordoning off areas to minimize land disturbance,
4. State Department of Public Health & Environment (CDPHE)
required Storm Water Management Plan (SWMP),
5. Record updated easements for the north and south storm
water retention ponds, fire flow pond, High Mesa storm
water retention pond on the RV Park parcel, if applicable,
and revise the site PIan to depict all necessary easements.
Prior to any disturbance of land, the Applicant shall provide a GPS
shapefile to tne satisfaction of the Realty Specialist of the Glenwood
Springs Field Office of the Bureau of Land Management to
determine the land status of the ingress & egress to the project.
D.
E.
23
13.
MIR High Mesa RV Park- D.Dunbar- BOCC 9f21/09
Prior to any disturbance of land, the Applicant shall provide to the
satisfaction of the Garfield County Planning Department Project Engineer:A. proper recorded easements for the Upper Pond, design of the
ditch or pipe conveyance to the fire flow pond, and any
maintenance road that may be required to the satisfaction of the
Garfield County Planning Department Project Engineer, and
amend the Site Plan accordingly
B. system details (design specifications, easement and maintenance
road requirements) if there is to be an augmentation system from
the potable water storage tanks,
C. a statement from SGM revising the volume of water to be
processed through the system to ensure that the water system is
adequately sized, if water for augmentation of the fire flow pond
is to be processed through the water treatment facility.
Prior to issuance of the Land Use change Permit, the Applicant shall
provide a letter from the Grand Valley Fire Protection District
acknowledging acceptance of the design and proper installation of:
A. the fire flow pond including its water delivery system(s),
easements, and maintenance roads from all impoundments and
wells required for its operation,
B. the emergency access road, its knock off gate, and its surface,
C. the fire safety and response plan including the annual inspection
date(s) of the fire flow pond,
D. an assessment to account for water at the end of spring runoff
season to confirm the ready-status of the Upper Pond and Fire
Flow Pond, to determine whether additional ground water
pumping will be needed, and to initiate arrangements to obtain
replacement water from the West Divide Water Conservancy
District (WDWCD).
prioi to the issuance of the Land Use change Permit, the Applicant shall
provide, along with any notification and tests required by Garfield County,
verification of permits, licenses, decrees and inspections required for the
facilities to serve the High Mesa RV Park, in specific, for the following:
A. two (2) commercial wells,
B. wastewater treatment plant,
C. water treatment plant,
D. operator's Iicense(s).
14.
15.
24
MIR High Mesa RV Park- D.Dunbar- BOCC 921/09
16. Prior to the issuance of the Land Use Change Permit, all components
required for the operation of the RV Park must be completed, including
but not limited to:r roadways for access, emergency access and maintenance,. water/irrigation/fire flow systems,. laundry/showerfacility,. RV dump station and wastewater system,r recorded easements,. facilities to meetADA requirements. operational plans and agreements
' securities, permits, licenses, notifications, and tests
17 . Conditions of Approval must be satisfied within one (1) year of BOCC
approval date, as per 4-103(GX8) of the Unified Land Use Resolution of
2008, as amended.
18. Amendments may be considered in accordance with the Major lmpact
ReviewAmendment process of the Unified Land Use Resolution of
2008, as amended, under which it will be administered.
VIII. RECOMMENDATION FOR MOTION:
"l move to approve a Land Use Change Permitthrough the Major lmpact Review
process for the High Mesa RV Park with conditions recommended by
Staff."
25
To:
MEMORANDUM exHtelT
Dusty Dunbar
Steve Anthony
High Mesa RV MIR2509
Below are my commenrsfrom July 29, 2009. As port of the resuhmitlol, the opplicant has pruvided a
Wetlonds niport not was done afler my initial commenls. The lVeilands Report indicotes tlrfrt two
County listetl noxious weeds, Russian-olive tnd tamarisk are located on site. This information was nol
included in the original vegetation map and vegetotion plon-
Stoff recommends that the applicant treil the Russion-olive and tamsrisk locoled on site prior to the
issisnce of o permil Please forward treatment records to this ofJice at:
GorJield Coun$ Vegetotion Management
POB 426
RiJle CO 81650
July 29,2009 comments:
Noxious Weeds
The applicant's description of the noxious weeds located on site is acceptable. The weed
management plan is accePtable.
Revegetation
The applicant has quantified the area ofsurface disturbance as 7.35 acres.
Staff recommends a revegetation security of $2500/acre for a total of $ 1 8,377.00
The security shall be held by Garfield County until vegetation has been successfully reestablished
according tL the Reclamation Standards in the Garfield County Weed Management Plan. It is the
responsibility ofthe applicant to contact the County, upon successful revegetation establishment,
to request an inspection for security release consideration.
The Reclamation Standards at the date of permit issuance are cited in Section 4.06,4.07 and 4.08
of the Garfield County Weed Management Plan (Resolution #2002-94).
GARFIELD COUNTY
Building & Planning Department
Review Agency Form
EXHIBIT
Date Sent: August 31,2009
Comments Due: September 11' 2009
Name of application: High Mesa RV Park
Sent to: Garfield County Road & Bridcq
#;,o ;;;",, ..ffi;,"*;;-** ;;;;;;drd; il;;;;;', * -
Planning Department in the event you are unable to respond by the deadline. This form
may be used for your response, or you may attach your own additional sheets as
necessary. Written comments may be mailed, e-mailed, or faxed to:
Garfield County Building & Planning
Staff Contact: Dustin Dunbar
109 8th Street, Suite 301
Glenwood Springs, CO 81601
Fax: 970-384-3470
Phone: 970-945-8212
General Comments: Garfield County Road and Bridge Department has only these
comments to add to the original comments for this project.
The completed emergency driveway access will have to be approved by Garfield Countv
Road and Bridge Department prior to any occupancy in the RV Park.
As stated in the earlier comments this application has the potential to add to the traffic-
load at the intersection of Cr. 300 and State Highway 6 & 24. High Mesa RV Park could
be asked to contribute to the reconstruction of this intersection. This would be an issue-
Buildins and olannine would be involved in.
Name of review agency: Garfield County Road and Bridge Dept
Jake B. Date -Aueust 3l.2009By:
Revised 3/30100
From:
Sent:
To:
Cc:
Subject:
Wendy Swan
Tuesday, September 01, 2009 12:48 PM
Dusty Dunbar
Judith Jordan
High Mesa RV Park - GarCo Major lmpact Review
Hi Dusty,
The Gatfield County Oil & Gas depattrnent does not have any significant comments to add to the Maior Impact
Review of the High Mesa RV Patk.
I put the CD back in yout box as you tequested.
Thank you,
IVent! Swan
Oil & Gas Administrative Assistant
Garfreld County
0375 County Road 352
Building 2060
Rifle, CO 81650
970-625-5915 Direct
970-625-5939 Fax
Dunbar
From:
Sent:
To:
Subject:
Aftachments:
Jim Rada
Friday, September 04, 2009 2:48 PM
Dusty Dunbar
FW: MIR 2509 - High Mesa RV Park
Jim Rada (jrada@g-arfield-county.com).vcf; image001.gif; Jim-Rada (rada@garfield-
county.com)2.vcf; Jim Rada fi rada@garfield-county.com)3.vcf
Dusty,
I've reviewed the updated materials you gave me relative to the issues I noted on my last comments
about this application (see below)
Regarding dust mitigation:
1.Bell Construction Splcification makes no reference to obtaining an Air Pollution construction permit. If
greater than 5 acres will be disturbed, a permit will be required; not just filing an Air Pollution Emission
Notice.
AqCC Regulation l(WE are an attainment area for Particulates)
lll.D.1.b. New Sources
Every owner or operator of a new source or activity that is subject to this Section.lll.D. and which is
required to obtain an emission permit under Regulation No. 3 shall submit a fugitive particulate
emission control plan meeting the requirements of this Section lll.D. at such time as, and as part of,
the required permit application. Such plan shall be approved or disapproved by the division in the
course of acting to approve or disapprove the permit application and no emission permit shall be
issued until a fugitive particulate emission control plan has been approved.
lll.D.2.b. Construction Activities
lll.D.2.b.(i). Applicability - Attainment and Non-attainment Areas
lll.D.2.b.(ii). General Requirement
Any owner or operator engaged in clearing or leveling of land or owner or operator of land that
hai been cleared of greater ihan five acres in attainment areas or one (1) acre in non-attainment
areas from which fugitive particulate emissions will be emitted shall be required to use all
available and practical methods which are technologically feasible and economically reasonable
in order to minimize such emissions in accordance with the requirements of Section lll.D. of this
regulation.
lll.D.2.b.(iii). Applicable Emission Limitation Guideline
Both the 20% opacity and the no off-property transport emission limitation guidelines shall apply
to construction activities; except that with respect to sources or activities associated with
construction for which there are separate requirements set forth in this regulation, the emission
limitation guidelines there specified as applicable to such sources and activities shall apply.
Abatement and control plans submitted for construction activities shall be evaluated for
compliance with the requirements of Section lll.D. of this regulation.
[Cross Reference: Subsections e. and f. of Section lll.D.2. of this regulation.]
lll.D.2.b.(iv). Control Measures and Operating Procedures
Control measures or operational procedures to be employed may include, but are not necessarily
limited to, planting vegetation cover, providing synthetic cover, watering, chemical stabilization,
furrows, compacting, minimizing disturbed area
in the winter, wind breaks and other methods or techniques approved by the division.
2. The RV Park Operating Manual Indicates:
d. Periodic Maintenance, park, access road and emergency road
i. Dust mitigation must be in place throughout the park This will be per the state requirements as
defined by the Environmental Health Manager and Colorado DOT.
The Road Maintenance plan makes a similar reference. l'm not comfortable with this language. Perhaps a
better way of putting this would be to say something like....
...Dust mitigation will be actively conducted throughout the park at all times, utilizing the most
appropriate best management practices including but not limited to those recommended for private roads as
part of Colorado Air Pollution Control Commission, Regulation 1.
APCC Regulation 7(WE ore on attoinment oreo lor Porticulotes)
lll.D.2.a. Roadways
I I l. D.2. a. (i). U npaved
I I l. D. 2. a. (i). (A). Ap pl icab il ity - Aftai n m e nt a n d N o n-atta i n me nt Are a s
lll.D.2.a.(i).(B). General Requirement
Any owner or operator responsib/e for construction or maintenance of any
(existing or new) unpaved roadway which has vehicle traffic exceeding 200
vehicles per day in attainment areas or 150 vehicles per day in non-attainment
areas (averaged over any consecutive 3-day peiod) from which fugitive
pafticutate emissions willbe emitted shallbe required to use allavailable,
practical methods which are technologically feasible and economically
reasonable in order to minimize emssions resulting from the use of such
roadway in accordance with the requiremenfs of Section lll.D. of this regulation.
ll.D.2.a.(i).(C). Applicable Emission Limitation Guideline
The nuisance emission limitation guideline shall apply to unpaved roadways.
Abatement and control plans submitted for unpaved roadways shall be evaluated
for compliance with the requirements of Secflon lll.D. of this regulation.
I I l. D. 2. a. (i). (D). Control Me a su res a n d O perati ng Proced u res
Control measures or operations procedures fo be employed may include but are
nof necessa rity limited to, watering, chemical stabilization, road carpeting, paving,
suggesfed speed restrictions and other methods or techniques approved by the
division,
tlt.D.2.a.(i).(E). tf the division receives a complaint that any new or existing unpaved roadway is
creating a nuisance, it may require persons owning or operating or maintaining such
roadways to suppty vehicle traffic count information by any reasonable available means
for the purpose of determining if they have sufficient traffic to subiect them to the
requirements of this Section lll.D.
lll.D.2.a.(ii). Paved
I I l. D. 2. a. (i i). (A). Appl icab il ity - Attai n me nt a n d N on -attai n m e nt Are as
lll.D.2.a.(ii).(B). General Requirement
2
Any person who through operations or activities repeatedly deposds materials
which may create fugitive particulate emisslons on a public or private paved
roadway is required to submit a control and abatement plan upon request by the
division which provides for the removal of such deposfs and appropriate
measures to prevent future deposrfs such that fugitive particulate emisslons
which may result are minimized; except that sand, salt or other materials may be
dropped on snow or ice covered
roadways for the purpose of safety and such deposifs shall not be required to be
removed on a more frequent basis than the community's normal street cleaning
schedule except as otherwise provided in an applicable SIP provision.
I t l. D. 2. a. (i i). (C). Appl icable E m i ssio n Li mitatio n G u ide I i ne
The nuisance emission limitation guideline shallapply to paved roadways.
Abatement and controlptans submitted for paved roadways shallbe evaluated
for compliance with the requiremenfs of secfion lll.D. of this regulation.
t t t. D. 2. a. (ii). (D). Control Me asu res a nd O perating Procedu re s
Controt measures or operationat procedures fo be employed may include but are
nof necessa rily limited to, coveing the loaded haul truck, washing or otherwise
treating the eiteior of the vehicle, timiting the size of the load and the vehicle
speed, watering or treating the toad with chemical suppressants, keeping the
roadway access point free of mateiats that may be canied onto the roadway,
removal of materials from the roadway and other mefhods or techniques
apProved bY the division.
Regarding the water and wastewater facilities:
I saw the flow calculation changes and am satisfied that this new information makes wastewater flows more
consistent with potable water flows. I have not been asked at this point to review the water and wastewater
applications to provide local health authority approval to CDPHE to proceed with permitting but I anticipate
this will happen some time after the MIR is completed.
Again, thanks for the opportunity to review this application.
J;r (rdr, KLHS
Environmental Health Manager
Garfield County Public Health
1 95 W 14th Street
Rifle, CO 81650
Phone 970-625-5200 x81 13
Cell 970-319-1579
Fax 970-625-8304
Email irada@garfield-cou ntv.com
Web www.qarfield-county.com
From: Jim Rada
Sent: Sunday, August 02,2A09 B:58 AM
To: Dusty Dunbar
Cc:'mark.kadnuck@state.co.us'
Subject: FW: MIR 2509 - High Mesa RV Park
Dusty,
Regarding the above referenced application, I offer the following comments:
1. The narrative indicates that this project will not generate dust, vapors etc. During construction it appears that the
applicants will be disturbing a subslantial area of land. I could not find an exact number but I did see a reference to
r6ugnry 50% of the parcel ilill remain open space. That said, there could be disturbance of 15-18 acres. The soils report
indiiat'es that the topsoil contain a substantial amount of fine material. CDPHE APCC Regulation 1 requires an air
pollution construction permit as noted in the excerpted language below. This permit must be obtained and control plans
developed and implemented before construction/land disturbance begins.
4
lll.D.1.b. New Sources
Every owner or operator of a new source or activity that is subject to this Section lll.D. and which is
required to obtain an emission permit under Regulation No. 3 shall submit a fugitive particulate
emission control plan meeting the requirementJof this Section lll.D. at such time as, and as part of,
the required permit application. Such plan shall be approved or disapproved by the division in the
course of aciing to approve or disapprove the permit application and no emission permit shall be
issued until a fugitive particulate emission control plan has been approved.
I I l. D. 2. b. Construction Activities
Itt.D.2.b.(i). Applicability - Attainment and Non-attainment Areas
I I l. D.2. b. (ii). General Requirement
Any owner or operator engaged in ctearing or leveling of land or owner or operator of land that
has been cleared of greaier than five acres in attainment areas or one (1) acre in non-aftainment
areas from which fugitive pafticutate emissions witt be emitted shall be required to use all
avaitabte and pract'tcal methods which are technotogicatty feasible and economically reasonable
in order to minimize such emissio ns in accordance with the requiremenfs of Sectio n lll.D- of this
regulation.
2.Once the operation is underway, at peak operations, there is a likelihood that the private roads internal to the RV Park
will exceed the CDpHE APCC Regulation I 200 vehicle per day threshold, thereby kicking in the requirements for dust
mitigation for the internal roads. I Oid not see any plan for dust mitigation on this site. ln light of increasing PM 10 levels
in thL parachute/Batilement Mesa area, I recommend that the applicant provide a dust control plan that , at minimum
meets the requirements of CDPHE APCC Regulation 1.
lll.D.2.a. RoadwaYs
I I l. D.2. a. (i). U npaved
I t t. D. 2. a. (i). ( A). Ap pt icabil ity - Attai n m e nt a n d No n-aft a i n me nt Are as
lll.D.2.a.(i).(B). General Requirement
Any owner or operator responsrb/e for construction or maintenance of any (existing or
new) unpaved roadway which has vehicte traffic exceeding 200 vehicles per day in
aftainment areas or 150 vehicles per day in non-attainment areas (averaged over any
consecutive 3-day period) from which fugitive particulate emissions will be emifted shall
be required fo usb atl avaitable, practicat methods which are technologically feasible and
economically reasonable in order to minimize ernissions resulting from the use of such
roadway in accordance with the requirements of Section lll.D. of this regulation.
3.There appears to be a conflict between the water system design volumes and the wastewater treatment system design
flow numbers. The water system calculations are based on 120 sites, 100 gpd/site, 10 washing machines at
2so/machine/day and "n ofii"" at 90 gpd. This calculates to just over 15,000 gallons per day peak use. With 10%
consumptive use, tne wastewater treatment plant could need to process in the order of 13,500 gpd. The preliminary
\ /WTp design is for 10,000 gpd. I have not received the formal review request at this point from CDPHE for either the
WTp or\Mf[p. I am copyirig Mark Kadnuck on this emailto alert him to this concern. A couple of local precedents come
to mind regarding this issue. 1ne Camper Park in CR 319 had to design an ISDS capable of managing waste flows from
a 100 gpdfuite water system. Also, Elk Creek campground, modified to provide oil and gas housing showg! families
movin!'in to the site long term, creating a much gre-ter chance that higher volumes (greater than 50 gpd/site as proposed
by the \A A/TP design engineer) of water will be used.
4. The remaining comments on my original review of this application (below) still apply.
Thanks again for the opportunity to participate in this process.
J;, (.dr, KLf-15
Environmental Health Manager
Garfield County Public Health
1 95 W 141h Street
Rifle, CO 81650
Phone 970-625-5200 x81 1 3
Cell 970-319-1579
Fax 970-625-8304
Email irada@qarfield-countY.com
Web www.qarfield-countY"com
From: Jim Rada
Sent: Monday, April 20, 2009 3:46 PM
To: Dusty Dunbar
Subject: MIR 2509 - High Mesa RV Park
Dusty,
I offer my comments regarding the referenced project:
1. The store facility will require a License to Operate a Retail Food Establishment in the State of Colorado.
ln orderto receive a license, priorto construction of the facility, the applicant willbe required to
submit to a plan review along with any associated inspections by the Colorado Department of Public
Health and Environment, Consumer Protection Division. The retailfood program lead for Garfield
County at this time is Leann Duinn, 303-692-3422-
2. The application indicates that the potable water system is under review by CDPHE. 7-401.4(3), Page 14
of the narrative, indicates that water quality tests will be made prior to occupancy. Water quality tests
are generally required for submittal with applications for the potable water system so that the WQCD
can determine adequacy of the treatment system design. To date, I have not received a water supply
design for review and signature regarding this system as is standard procedure for pubic systems. I
recommend that CDPHE approval for the water system be obtained before site disturbance is allowed.
3. The application indicates that the wastewater treatment system is under review by CDPHE. To date, I
have not received a wastewater treatment design for review and signature regarding this system as is
standard procedure for pubic systems. I recommend that CDPHE approval for the water system be
obtained before site disturbance is allowed.
No discussion of solid waste management is included in the proposal.
No discussion of dust mitigation during construction or after operation begins.
I count about 12 light poles for the park. Lighting at the park should be of a type that directs light in a
manner that has minimal impact with regard to light pollution.
No mention of obtaining a stormwater permit from CDPHE. Construction drawings indicate that the
owner shall obtain a stormwater management plan from CDPHE. Under an approved stormwater
permit, the owner must develop and maintain (update as needed) a stormwater management plan.
Thanks for the opportunity to review this application
J;, (ad", KLHS
Environmental Health Manager
Garfield County Public Health
1 95 W 14th Street
Rifle, CO 81650
Phone 970-625-5200 x81 13
4.
5.
6.
7.
Dunbar
From:
Sent:
To:
Subject:
Mark Kadnuck [makad nuc@smtpgate.dphe.state.co. us]
Friday, September 04, 2009 4:23 PM
Dusty Dunbar
High Mesa RV Park
Based on the information provided the system will be considered a public water system and the wastewater
system will be state regul"t"d. lt. water system must go through our plans review and approval process and
the wasterwater system must go through our site application and design review and approval process- Both
systems will require licensed operators. Design approval from the state is required before construction can
begin on both the water and wastewater systems.
Mark A. Kadnuck, P.E.
CDPHE-WQCD
222 S.6th Street, Rm 232
Grand Junction, CO 81501
p}:: 970-248-7144
fax: 970-248-7198
email: mark. kadnuck@state. co.us
Ee
GRAND VALLEY FIRE PROTECTION DISTRICT
1777 S. BATTLEMENT PARKWAY, PO BOX 295
PARACHUTE, CO 81635
PHONE: 285-9ll 9, FAX (97 0) 285-97 48
EXHIBIT
rF
September 11,2009
Dusty Dunbar
Garfield County Planning Dept -Rifle Airport Office
0375 County Rd 352 -Building #2060
Rifle. Colorado 81650
Subject: High Mesa RV Park
Ms. Dunbar,
I have reviewed the High Mesa RV Park Major Impact Review Application. The one
concem I do see is the Fire District would like the Fire pond to be full at time cohstruct begins.
This will help the Fire District have a water supply on site for any initial mitigation of any
Wildland fire and/or initial attack of buildings under construction. The Fire pond must be able to
maintain the minimum 50,000 gallons of water storage at all times. The rest of the application
appears to be consistent with the reviews that already been conducted on this property with
corrections made where required for the Fire District. I did notice in the review that any water
needed to maintain the 50,000 gallons of water can be transferred from the storage tank of this
facility if needed. I have personally been out to this property and drove all access roads with Fire
Apparatus and there are no problems at this time or at the time I approved the new access roads
foi emergency use. Even with the Fire Districts review of the plans it is the responsibility of the
owner to make sure the building complies with the lnternational Fire Code 2003 Edition. If you
should have any fuither questions please feel free to contact me.
Rob Ferguson
Deputy Fire Chief - Operations
Cc: Chief Blair
File
Garfield County
To:Dusty Dunbar
From: John Niewoehner
Project Engineer
Date: September 15, 2009
:=.'...:l::.T:::::::i.:.:::l:::l:.::::.:....... ... ..... . . ...... r... r...,
I reviewed the most recent submittal (received September 2nd) against my Juty 28,2OOg
comment memo.
1. Easement Map and Leqal Easement Documents
. ln the well easement description, it appears that the line to the second
well is incorrectly labeled as 200.00 feet. Per the easement map, this line
should be 202.56 feet. The bearing is also wrong.
. On the emergency access easement on the Daybreak property, L42, L43,
L44 and L45 lengths from the map do not match the lengths in the
easement descriPtion.. Recordation of easements must be a Condition of Approval.
. Construction and slope easements for the two access roads do not
require easements since the property owners have become co-applicants
on the RV Park application.
2. Securities: 3 Letters of Credit (LOC) are needed to guarantee re-vegetation
and/or site restoration if the project is not completed'
SECURITY
TYPE
AMOUNT MINIMUM
EXPIRATION
DATE
RELEASE OF
SECURITY
BY COUNTY
PURPOSE
Restoration of
RV Park and
Appurtenanees
$249,036
Note ll4
18 months
after BOCC
approval
After RV Park
receives
County Permit
Guarantees the
restoration of land to Pre-
development conditions
(excludinq re-veqetation)Note #1
Access Road
Chip-seal
Note #2
$66,304
Note #5
2.5 years
after BOCC
approval
After Chip-seal
is approved by
County
Guarantees that
Applicant will perform
chip-seal by March 2012;
one-year after the Park
receives its permit.
Re-veqetation
Note #3
$64,900
Note #6
3 years after
BOCC
approval
After re-
vegetation is
approved by
County
Guarantee adequate re-
vegetation Mo weeds.
Note #1 for Restoration: (a) Release of restoration security will occur after
the County grants the permit denoting that the all required RV Park elements
have been constructed. (b) Presuming that the RV Park is approved in
September 2009, the construction must be completed by September. The
LOC must be valid for six months after the target completion date. (c) The
Applicant will not have to restore the Main Access Road if the RV Park is not
completed. However, the Applicant must restore all other land disturbances
including the emergency access road, fire and detention ponds, and the area
within the RV Park.
Note #2 for Chip-Seal: The Applicant wants to delay the chip-seal of the
Main Access Road until one-year after the target completion date. Thus, the
chip-seal must be complete by September 2011 and the chip-seal security
must be valid until March 2012.
Note #3 for Re-vegetation. The re-vegetation security includes all of the area
disturbed by construction. When the permit is granted to the RV Park and
the restoration security is returned, the portion of the re-vegetation security
under the completed RV Park and appurtenances can be returned to the
Applicant.
Note #4, Cost of Restoration: Engineer's cost estimate items.
#1 $23,872#2 $20,885#4 $115,452#5 $24,800#12 $8,562#13 $6,125#17 $149#18 $151#90 $26.400
$226,396 + 1Oo/o = $249,036
Note #5, Cost of Chip Seal: Cost as provlded by Applicant's engineer
Note #6: Gost of Re-veqetation
Main Access Road outside of surfacing:
Emerg Access Road outside of surfacing
Area under Emerg Access Rd surface
Area under detention basins
Area under fire pond
Area under fire pond
Area under RV park
Cost of re-veg = 23.6 acre x $2,500/acrea
1.93 acre [ine#106; 9359 sy]
1 .64 acre [ine#107, 7954 sY]
2.02 acrel4400'x20'l
0.44 acre [3 basins x 80'x80']
0.23 acre [100'x100']
1.38 acre [200'x300']
16.0 acre
23.6 acre
= $59,000 + 10o/o = $64,900
Kev Point: When the RV Park is complete, and the permit issued, only $20,548
needs to be retained to guarantee re-vegetation of the areas of primarily the cut and
fill slopes.
3. Variances from Standards: Road slope and sharpness of curves
4.
5.
6.
7.
Maintenance Aqreement: TO DO: Clarify how the Maintenance Plans
becomes part of lA.
Wastewater treatment Plan Flows. TO DO: lncluded are two CDPHE
applications for the wastewater treatment plan. One with a 10,000 gallon per
day (gpd) flow and a second application with a 19,000 gpd flow. Presumably,
the 10,000 gpd application has been superseded by the 19,000 gpd
application. Has the second application been sent to the State yet? lt looks
to me like it hasn't.
Other. TO DO: ln the lA, recital #1, a reception number of 70059300 is given for
the deed. I couldn't find this reception number in our computer system.
County reception numbers have only six digits.. TO DO: lsn't a culvert needed where the emergency access road
connects to CR 300?
Comments for use in the Staff Report to BOCC
Under 5 (q). vou can include this as mv comment: The County Proiect
engineer notes that the 10% grade on the main access road occurs on
a curued part of the road. The combination of the sfeep grade and the
curue rncreases the isk to those using the road. Per the County
Code, the maximum grade of such minor collector roads is 8%. The
Appticantproposes to mitigate the excessive s/ope by posting a speed
timit of 20 mph. The Code allows BOCC to approve excessiye s/opes
(Section 7-209 H). The Staff recommends that should the BOCC
approve the access road slope, that no additional development will
occur prior to the road being reconstructed to meet County roadway
design standards.
Under 5 (i), vou can add this comment: The reclamation security
amount proposed by the Applicant is inadequate to restore the land
disturbed by the emergency access road. The Applicant says that, if
the project is not competed for some reason, they would like the
emergency access road to remain as a driveway to the property.
EXHIBIT
From : Ca role-H uey@ blm. gov [mai lto : Ca role-H uey@ bl m. gov]
Sent: Tuesday, September 15, 2009 3:11 PM
To: Dusty Dunbar
Subject Referral - High Mesa RV Park
Dusty,
Thank you for the opportunity to comment on this proposal. Looking through the files, I am
unable to determine the Iand status of the ingress & egress to the property, and their
'associated utilities.
I would like to have GPS shapefiles of these if possible. I would like to have time to see
what impacts this may have on public lands.
NN N NNNd ruNry N ru NNN N ru
Carole Huey
Realty Specialist, BLM
Glenwood Springs Field Office
2300 River Frontage Road
sitt co 81652
:'-':':i::1--------
Dunbar
From:
Sent:
To:
Gc:
Subject:
Bender, Mike [Mike.Bender@state.co.us]
Wednesday, September 16, 2009 2:59 PM
Dusty Dunbar
Lis, Craig
Referral- Proposed High Mesa RV Park
Ms. Dustin Dunbar, Senior Planner
Garfield County Planning Department
0375 County Road 352, #2060
Rifle, CO 81650
Dear Ms. Dunbar,
This referral does not appear to qualify as a "subdivision" as defined in Section 30-28-101(10)(a), C.R.S.
Therefore, pursuant to the State Engineer's March 4,2OO5 memorandum to county planning directors, this office will
onlyperformacursoryreviewofthereferralinformationandprovidecomments. Thecommentsdonotaddressthe
adequacy of the water supply plan for this project or the ability of the water supply plan to satisfy any County
regulations or requirements. ln addition, the comments provided herein cannot be used to guarantee a viable water
supply plan or infrastructure, the issuance of a well permit, or the physical availability of water. The following
numbered statements are general comments and observations:
1. Well Permit applications to change the use of Speakman Monitoring Wells Nos. 1 and 2 to commercial use
have not been filed with this agency.
Daybreak Realty LLC has filed an application for water storage rights in Upper Pond and Fire Pond with
Division 5 Water Court in case no. 2009CW56, but no decree has been issued. The deadline for statements
of opposition to be filed was August 31, 2009.
The 2 acre-feet of replacement water to be supplied annually by the West Divide Water Conservancy District
(WDWCD), according to the lease provided and the supporting table, for depletions caused by all pumping of
the proposed commercialwells appears to include one complete filling of the 50,000-gallon Fire Pond.
ln subdivision reviews, DWR does not approve fire protection systems that include reservoirs or ponds that
are to be filled by wells because such systems generally are not managed to account for losses caused by
seepage, leakage, and/or evaporation.
The proposal indicates that Fire Pond is expected to be filled to the required 50,000-gallon volume annually by
runoff and to be maintained throughout the remainder of the guest season by releases from Upper Pond. (This plan
assumes approval by the Water Court of the storage rights application.) lf surface runoff is in short supply, the applicant
proposes to fill and maintain Fire Pond with ground water from the commercial wells.
All uses of the commercial wells will cause stream depletions and are subject to the requirement for
replacement of those depletions. The proposal should include provisions for:
[1] additional use of the commercial wells to fill and maintain Fire Pond if surface runoff storage is unavailable or
insufficient to operate the fire protection system (this must also be addressed in the well permits), and
[2] an increase in the amount of replacement water to be supplied by WDWCD so that all stream depletions are
replaced if pumping increases beyond the planned amounts.
2.
3.
4.
Furthermore, an annual assessment should be conducted at the end of the spring runoff season regarding the
status of Fire Pond and Upper Pond and their readiness for fire protection. The report of this assessment should go to
Grand Valley Fire Protection District, stating whether additional ground water pumping will be needed to maintain Fire
Pond during the subsequent guest season and initiating arrangements to obtain additional replacement water from
WDWCD.
Should you have any questions about these comments, please write back or call me at (303)866-3581.
G. MichaelBender
Division of Water Resources
1313 Sherman Street, Room 818
Denver, CO 80203
Phone: (303)866-3581