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HomeMy WebLinkAbout1.0 ApplicationGOULD CONSTRUCTION, INC, Kuersten Property Special Use Permit Application (970) 945-7291 • Fax (970) 945-8371 P.O. Box 130 • Glenwood Springs, Colorado 81602 LAND DESIGN PARTNERSHIP 918 Cooper Avenue, Glenwood Springs, CO 81601 970-945-22461 Fax 970-945-4066 E-mail: rblist@quixnet.net August 29, 2008 Kathy Eastley Building & Planning Department 108 81 Street, Suite 401 Glenwood Springs, CO 81601 Re: Kuersten Special Use Permit Supplemental Information Dear Kathy: As requested attached is a signed and notarized application for "Construction Material Limited Impact (110) Operations Reclamation Permit", a signed Stormwater Discharge permit application and a filled out CARCO Driveway Permit application. Thank you for your assistance with this application. Regards, Ronald Liston STATE OF COLORADO DIVISION OF RECLAMATION, MINING AND SAFETY Department of Natural Resources 1313 Sherman St., Room 215 Denver, Colorado 80203 Phone: (3031 866-3567 FAX: (303) 832-8106 CONSTRICTION MATERIAL L[m1TED IMPACT (110) OPERATION RECLAMATION PERMIT APPLICATION PACKAGE APPLICABILITY: COLORADO DIVISION OF RECLAMATION MINING —/-- SAFETY Bili Ritter, Jr, Governor Harris D. Sherman Executive Director Ronald w_ Cattanv Division Director Natural Resource Trustee: This application package is for a construction material extraction operation affecting LESS than 10 acres. If you plan to conduct a construction material extraction operation which meets these criteria, please follow the instructions provided in this package, in the Rules and Regulations, and in the Colorado Land Reclamation Act for the Extraction of Construction Materials, as required. RECOMMENDA'T'IONS PRIOR TO FILING: The Construction Material Rules and Regulations (the Colorado Land Reclamation Act for the Extraction of Construction Materials, Section 34-32.5-101, et sec,, C.R.S., and 2 CCR 407-1), and the Colorado Mined Land Reclamation Board (the "Board") regulate the permitting, operational and reclamation requirements for alI construction material extraction operations in Colorado. It is your obligation to comply with the Act and Regulations. You are encouraged to obtain and review a copy of the Rules, available for $8.00 from the Division of Reclamation, Mining, and Safety (the "Office"). In order to submit your application properly, it is recommended that you review the Act and: Rule LI Definitions; Rule 1.4 Application Review and Consideration Process; Rule 1.6 Public Notice Procedures; Rule 3.1 Reclamation Performance Standards; Rule 3.3.1 Operating without a Permit - Penalty; Rule 4 Performance Warranties and Financial Warranties: Rule 6 Permit Application Exhibit Requirernettts; Rue 6.2 General Requirements of Exhibits; Rule 6.3 Specific Permit Application Exhibit Requirements; Rule 6.5 Geotechnical Stability Exhibit (as required). 1t is recommended That you contact the agencies listed in the application section titled"Compliance With Other Laws" prior to submitting the application to the Unice Office of ;:lined I..Ind Reclamation Ortice of Denver • Grand Junction • Durango Active and Iliac:tive Mines FILING REQUIREMENTS: In order to apply for a Reclamation Permit for a Limited Impact Operation, please provide: o One (1) signed and notarized completed ORIGINAL and one (1) copy of the completed original Limited Impact Operation (110) Application Form. ORIGINAL SIGNATURES MUST BE IN BLUE INK. ° Two (2) copies of Exhibits A-1 and Exhibit L (required sections described in Rule 6), o Two (2) copies of Addendum 1 - Notice requirements (described in Rule I.6.2(1)(b)). A sample of this notice is attached for your use. o The Geotechnical Stability Exhibit when required by the Division. o The application fee. The thirty (30) day period for review of the application and exhibits will NOT begin ttntilall required information and fee are submitted. The Office willthen review the submitted information for adequacy. NOTICE REQUIREMENTS: 1. You MUST send a notice, on a form approved by the Board, to the local hoard of county commissioners. A copy of this "Notice of Filing Application" form is attached for your use. 2. If the mining operation is within the boundaries ofa conservation district, send a notice to the board of supervisors of the conservation district, PRIOR to filing the application, A copy of this "Notice of Filing Application" form is attached for your use. 3. You MUST include proof of notice 111 and 112 above with the application at the tithe the application is submitted to the Office for filing (Rule 1.6.2(1)(g)). 4. PRIOR to filing the application, place for public review a copy of the application, less confidential items, with thc clerk or recorder of the county or counties in which the affected land is located. 5. You MUST include an affidavit or receipt demonstrating that the application was filed with the county clerk or recorder at the time the application is submitted to the Office for filing. 6. Any changes or additions ntade to an application submittal MUST be filed with the county clerk or recorder. You MUST also provide the Office with an affidavit or receipt demonstrating that the change was filed with the county clerk or recorder no later than the close of business on the day the change was tiled with the Office (Rule 1.8.1(2)). 7. Within ten (10) days atter your application is considered filed, you must publish once in a newspaper of general circulation, in the locality of the proposed mining operation, the notice described in Ride. 1.6.2(1)(d). A . copy ofa form which includes all required irttbrmation for the notice has been attached for your use. 8. hi addition, after the publication you must mail or personally serve a copy of the notice described in Rule 1.6.2(1)(d) to all owners of record of surface rights to the affected land and all owners of Lands that are within 200 feet of the boundary of the affected land (Rule 1.6.2(1)(e)). 9. Prior to the Office making a decision (consideration of the application), yon MIDST submit a copy of thc proof of publication from the newspaper and proof of all required notices. Proof of the notices may be by submitting copies of return receipts ofa certified mailing or by proof of personal service (Rules 1.4.1(4), 1.4.2(4)(c), 1.6.2(1)(a)(ii), and 1.6.2(1)(g)), The copy of the application and any changes or additions placed at the office of the county clerk or recorder shall. NOT be recorded, but shall be retained there for at least sixty (60) days after a decision on the application by the Office and he available for inspection during this period. At the end of this period, the application tnay he reclaimed by the applicant or destroyed (Rule 1.6.2(2)). APPLICATION REVIEW PROCEDURES: The Office shall approve or deny the application within thirty (30) days of fling unless the date for consideration by the Office is extended pursuant to Rule 1.8. The time for consideration shall not be extended beyond thirty (30) days after the last such change submitted. For complex applications, the review period may be extended an additional sixty (60) days. Please see Rule 1.1(10) for the definition of what constitutes a cotnplex application. APPLICATION APPROVAL/DENIAL: Utile requirements of the Act and Mineral Rules have been satisfied, the Office will approve the application. The Act also provides for automatic approval ifno action is taken by the Office by the end of the review period. If the Act and Regulation requirements have not been satisfied, the Office will deny the application. Tithe Office denies the application, you may appeal to the Board for a final determination by submitting a written request for administrative appeal to the Board within 60 days of the decision date (Rule 1.4.7). PERFORMANCE AND FINANCIAL WARRANTIES: A performance warranty, and a financial warranty dollar amount determined during the application review process, must be submitted and approved by the Office PRIOR to permit issuance. A financial warranty should NOT be submitted until a decision on the application has been made. If the applicant is a unit of state or county government, then ONLY a performance warranty is required. Several different types of financial warranties are allowed by the law. Please review Rule 4.0 to determine which type of financial warranty you desire to use. You may obtain the appropriate warranty forms from the Office during the application review period. Please note that an application approval DOES NOT convey a right to begin operations. You MUST submit, and have approval of your performance and financial warranties, and receive your copy of the signedpermit document PRIOR to beginning on-site mining activity. AUTOMATIC PERMIT APPROVAL: An automatic approval will occur where the Office fails to notify the applicant/operator that the application has been denied. This decision must be made thirty (30) calendar days from the date the application was determined to have been filed. However, the performance and financial warranties roust be submitted and approved by the Office before the permit will be issued even if you receive an automatic approval. NO MINING OPERATIONS SHALL BEGIN UNTIL A PERMIT IS ISSUED (Section 34-32.5-109(1), C.R.S.). COMPLIANCE WITH OTHER LAWS: Compliance with the Act and Rules and Regulations of the Mined Land Reclamation Board DOI-_5_NQT relieve yon of your responsibility to comply with all other applicable state and federal laws. We recommend that you contact the following agencies to determine whether you need to comply with their legal requirements: 'I`he Colorado State Historical Preservation Office regarding properties of historical significance including tie need for an arehetnlogical survey, procedures for requesting a tilt search, and inventory formas to identify structures, ✓ Colorado Division of Water Resources with regard to water rights; a Colorado Department of Health, Water Quality Control Division, with regard to the discharge of pollutants into the State waters; o Colorado Department of Health, Air Pollution Control Division, with regard to the need for a fugitive dust permit; o U.S. Bureau of Land Management or the U.S. Forest Service if the proposed operation will occur on federal. lands; • 1.1 5. Army Corps of Engineers regarding a dredge and fill (404) permit; and c= 'the County Planning Department for the county or counties in which your proposed operation is located, - iv --- Section 34-32.5-169{3), C.R.S. requires a mining operator to be responsible for assuring that the mining operation and the post -mining land use comply with local land use regulations and any master plan for extraction adopted pursuant to Section 34-1-304, C.R.S. COMPLETION OF MINING: Upon completion of any phase of reclamation, you should consult Rule 3.1 for reclamation standards and 4.16 for details on how to request a reclamation responsibility release from the Board. STATE OF COLORADO DIVISION OF RECLAMATION, MINING AND SAFETY Department of Natural Resources 1313 Sherman St., Room 215 Denver, Colorado 80203 Phone: (303> 866-3567 FAX; (303) 832-8106 CONSTRUCTION MATERIALS LIMITED IMPACT (1.10) OPERATION RECLAMATION PERMIT APPLICATION FORM COLORADO DEVISION OF RECLAMATION MINING —&-- SAFETY gilt Rilter, Jr. Governor Harris D. Sherman Executive Director Ronald W. Cautany CHECK ONE: There is a File Number Already Assigned to this Operation Natural ral Re sourse Truslee Permit # M - _ (Please reference the file number currently assigned to this operation) New Application (Rule 1.4.5) Amendment Application (Rule 1.10) Conversion Application (Rule 1.11) Permit # _ M - (provide for Amendments and Conversions of existing permits) The application for a Construction Materials Limited Impact (110) Operation Reclamation Permit contains three major parts: (1) the application form; (2) Exhibits A -J, Exhibit L, Addendum 1, any sections of Exhibit 6.5 and Geotechnical Stability Exhibit, as required by the Office, and outlined in Rules 6,1, 6.2, 6.3, 6.5, and 1.6.2(1)(b); and (3) the application fee. When you subunit your application, be sure to include one (1) complete signed and notarized ORIGINAL and one (1) copy of the completed application form, two (2) copies of'Exhibits A -J, Exhibit L, Addendum 1, and appropriate sections of 6.5 (Geotechnical Stability Exhibit), as required, and a check for the application fee described under (4) below. Exhibits should NOT be bound or in a 3 -ring binder; maps should be folded to 8 1/2" X 11" or 8 1/2" X 14" size. To expedite processing, please provide the information in the format and order described in this form GENERAL OPERATION INFORMATION Type or print clearly, in the space provided, ALL information described below. 1. Applicant/onerator or company name (name to be used on permit): MARK 60mLdo G,O(4Lb GONSrQtatog_W 1.1 Type of organization (corporation, partnership, etc.): AIG 2. Operation name (pit, mine or site name);PE r 3. Permitted acreage (new or existing site): 3.1 Change in acreage (1-) 3.2 Total Acreage in Permit Area 4. Fees: 4.1 New Application: Amendment Fee (C.R.S. 34-32,5-12S(R)): 4.2 Conversion Fee (from 110d to 110 $1.258.00 conversion fee (Rule 1.11.2(2)) 5. Primary conmtoditie(s) to be mined: {1c(1 Grenkd 22 5 .__ permitted acres —Q.. acres 2_2.4iSS acres 81,258.00 application fee $827,00 application fee 5.1 Incidental co'nmoditie(s) to be ruined: 1. / lbsffonslyr 2. / lbs/Tons/,yr 3. / lbsi"Tons/yr 4. �/ ,_ EbsCf otter 5. / Ib$/Tons/yr 5.2 Anticipated end use of primary convmditie(s) to be mined: Anticipated end use of incidental counmoditic(s) to be mined: Office of Mined land Reclamation Denver • Grand Junction • Durango Active and tractive Mines Office of -2- 11. Correspondence Information; APPLICANT/OPERATOR (name, address, and phone of name to be used on permit) Contact's Name: _...BARIS71gAtiO Title: PAg$1DEa Company Name: W coN IA/J Street/P.O. Box: P.O. Pox 130 P.O. Box: City: 6LEMWOOO BPPINGs State: _CO Zip Code: 8x(07. Telephone Number: ( 970 1- 9615 -7291 Fax Number: 970 ) _ It/5 -- 8371 PBRMI'1TING CONTACT (if different from applicant/operator above) Contact's Name: SANTE Title: Company Name: Street/P.O. Box: P.O. Box: City: State: Zip Code: Telephone Number: ( ) . Fax Number: _ - INSPECTION CONTACT Contact's Name: _ SAM% Title: Company Name: Street/P.O. Box: P.O. Box: City: State: Zip Code: Telephone Number: ( ) - Fax Number: CC: STATE OR FEDERAL LANDOWNER (if any) Agency; Street: City: State: Telephone Number: CC: STATE OR FEDERAL LANDOWNER cif any) Agency: Street; City: State: Zip Code; Telephone Number: L ) Zip Code: -3- 7. Name of owner of the subsurface rights of affected land: _ .0.8,ERT t kAmi e d kttaksr N 8. Name of owner of the surface of affected land: 8B Mall -40N kyERSTEN 9. Type of mining operation: X Surface Underground In-situ 10. Location information: The center of the area where the majority of mining will occur: COUNTY: GAR1:feco PRINCIPAL MERIDIAN (check one): __X___ 6th (Colorado) 10th (New Mexico) Ute SECTION (write number): S 32 TOWNSHIP (write number and check direction): T S North X South RANGE (write number and check direction): R 90 East '( West QUARTER SECTION (check one): NE NW )( SE SW QUARTER/QUARTER SECTION (check one):x Nf? NW )(. SESW GENERAL DESCRIPTION: (the number of miles and direction from the nearest town and the approximate elevation): 1.'? M1LEs EAST AG' NEW CASTLE, CD 5650' 11. Primary Mine Entrance Location (report in either Latitude/Longitude OR UTM): Latitude/Longitude: Example: (N) 39° 44' 12.98" (W) 104° 59' 3.87" Latitude (N): deg 39 min 341 sec j 2 : 09 (2 decimal places) Longitude (W): deg !07 min 30 sec 27 , 3S (2 decimal places) OR Example: (N) 39.736910 (W) -104.98449° Latitude (N) (5 decimal places) Longitude(W) (5 decimal places) OR Un}versa7. Tranverse ]Mercator LITM, ) Example: 201336.3 E NAD27 Zone 13 4398351.2 N UTM Tatum (specify NAD27, NAD83 or WGS 84) Fasting Northing Zone 12. Primary future (Past-minine) land use (check one): Cropland(CR) Rangeland(RL) . Residential(RS) Developed Water Resources(WR) 13. Primary present land use (cheek one): Cropland(CR) Rangeland(RL) _ Residential(RS) Developed Water Resources (WR) -4- - Pastureland(PL) Forestry(FR) Recreation(RC) Pastureland(PL) Forestry(FR) Recreation(RC) General Agriculture(GA) �._ Wildlife Iiabitat(WL) Industrial/Commercial(IC) Solid Waste Disposal(WD) General Agriculture(GA) Wildlife Habitat(WL) Industrial/Commercial(IC) X Mining (MN) I4. lifts operation will use designated chemicals, or will result, or presently has acid mine drainage - you cannot use this application form. You must submit either a 110d or 112d application form for Designated Mining Operations. In either case, you must list any acidic or toxic -forming materials, exposed or disturbed as a result of the mining operation, and whether the operation will result in or presently has acid mine drainage: NONE 15, Description of Amendment or Conversion: If you are amending or converting an existing operation, provide a brief narrative describing the proposed change(s): Maps & Exhibits: Submit two (2) complete, unbound copies of the following application exhibits: 6.3.1 6.3.2 6.3.3 6.3.4 6.3.5 6.3.6 6.3.7 6.3.8 6.3.9 6.3.10 6.3.12 1.6.2(1)(b) 6.5 EXHIBIT A - Legal Description and Location Map EXHIBIT B - Site Description EXHIBIT C - Mining Plan EXHIBIT D - Reclamation Plan EXHIBIT E - Maps, to include the location of any recorded. easements EXHIBIT F - List of Other Permits and Licenses Required EXHIBIT G - Source of Legal Right -to -Enter EXHIBIT H - Municipalities Within a Two-mile Radius EXHIBIT I - Proof of Filing with County Clerk EXI IIBIT J - Proof of Mailing Notices of Permit Application EXHIBIT L - Permanent Man -Made Structures ADDENDUM 1 - Notice Requirements (sample enclosed) Geotechnical Stability Exhibit (as required) -5 - Responsibilities as a Permittee; Upon application approval and permit issuance, this application becomes a legally binding document. Therefore, there are a number of important requirements which you, as a permittee, should fully understand. These requirements are listed below. Please read and initial each requirement, in the space provided, to acknowledge that you understand your obligations. If you do not understand these obligations then please contact this Office for a full explanation. 1. Your obligation to reclaim the site is not limited to the amount of the financial warranty. You assume legal liability for all reasonable expenses which the Board or the Otticc niay incur to reclaim the affected lands associated with your mining operation in the event your permit is revoked and financial warranty is forfeited; 2. The Board may suspend or revoke this permit, or assess a civil penalty, upon a finding that the permittee violated the terms or conditions of this permit, the Act, the Mineral Rules and Regulations, or that information contained in the application or your permit misrepresent important material facts; 3. If your mining and reclamation operations affect areas beyond the boundaries of an approved permit boundary, substantial civil penalties, to you as permittee can result; 4. Any modification to the approved mining and reclamation plan from those described in your approved application requires you to submit a permit modification and obtain approval from the Board or Office; 5. It is your responsibility to notify the Office of any changes in your address or phone number; 6. Upon permit issuance and prior to beginning on-site mining activity, you must post a sign at the entrance of the mine site, which shall be clearly visible from the access road, with the following information (Rule 3.1.12): a. the name of the operator; b. a statement that a reclamation permit for the operation has been issued by the Colorado Mined Land Reclamation Board; and, c. the permit number. 7. The boundaries of the perrnit boundary area must be marked by monuments or other markers that are clearly visible and adequate to delineate such boundaries prior to site disturbance; 8. It is a provision of this permit that the operations will be conducted in accordance with the terms and conditions listed in your application, as well as with the provisions of the Act and the Mineral Rules and Regulations in effect at the time the permit is issued. 9. Annually, on the anniversary date of permit issuance, you must submit an annual fee as specified by Statute, and an annual report which includes a map describing the acreage affected and the acreage reclaimed to date (if there are changes front the previous ye-ar), any numitoz ing required by the Reclamation flan to be submitted annually on the anniversary date of the, permit approval. Annual fees are for the previous year a permit is held, For example, a permit with the anniversary date of July 1, 1995, the annual fee is for the period of Duly 1. 1994 through .lune 30. 1995. Failure to submit your annual fee and report by the permit anniversary date may result in a civil penalty, revocation of your permit, and forfeiture of your financial warranty. itis your responsibility, as the permittee, to continue to pay your annual fee to the Office until the Board releases you from your total reclamation responsibility. 10. i o Point venture/partnership petitmittce: the signing representative is authorized to sign when document and a power of attorney (provided by the partner(s)) authorizing the signature of the representative is attached to this application. Permit Condition _6_ A reportable spill is a spill of any toxic or hazardous substance (including spills of petroleum products) within the mined land permit area reportable to any Division of the Colorado Department of Public Health and the Environment, the National Response Center, the Colorado Emergency Planning Commission, any local Emergency Planning Commission, local Emergency Planning Committee, or the State Oil Inspector. The Mine Operator shall notify the Division of Reclamation, Mining and Safety (DRMS) ofa reportable spill within the mined land permit area using the sarne tirneframe required by the permit, license, notice, statute, rule or regulation governing the reporting of the spill to the other appropriate agency. Notice ofa reportable spill shall be FAXed to: Minerals Prograrn Supervisor, Division of Reclamation, Mining and Safety, FAX (303) 832-8106. The FAX shall include. a call-back number ofa responsible company official for DRMS staff to use as a contact. NOTE TO COMMENTORS/OBJECTORS: It is likely there will be additions, changes, and deletions to this document prior to final decision by the Office. Therefore, ifyotu have any cotntnents or concerns you rust contact the applicant or the Office prior to the decision date so that you will know what changes may have been made to the application document_ The Office is not allowed to consider comments, unless they are, written, and received prior to the end of the public comment period. You should contact the applicant for the final date of the public comment period. rfyFou have questions about the Mined Land Reclamation Board and Office review and decision or appeals process, you may contact the Office at (303) 866-3567. -7 - Certification: As an authorized representative of the applicant, I hereby certify that the operation described has niet the minimum requirements of the following temts and conditions: 1. All necessary approvals from local government have been applied for (Section 34-32.5-110(1)(a)(VI11). 2. To the best of my knowledge, all significant, valuable and permanent man-made structure(s) in existence at the time this application is filed, and located within 200 feet of the proposed affected area have been identified in this application (Section 34-32.5-115(4)(e), C.R.S.). (NOTE: For 110 operations, the affected area includes all lands delineated by the permit boundary.) 3. No mining operation will be located on lands where such operations are prohibited by law (Section 34-32.5-115(4)(f), C.R.S,). 4. As the applicant/operator,1 do not have any rnining/exploration operations in the State of Colorado currently in violation of the provisions of the Colorado Land Reclamation Act for the Extraction of Construction Materials (Section 34-32.5-120, C.R.S.). 5. I understand that statements in the application are being made under penalty ofperjury and that false statements made herein are punishable as a Class 1 misdemeanor pursuant to Section 18-8-503, C.R.S. 1984. This forte has been approved by the Mined Land Reclamation Board pursuant to section 34-32.5-110, C R.S., of the Colorado Land Reclamation Act for the Extraction of Construction Materials. Any alteration or modification of this form shadl result in voiding any permit issued on the altered or modified forst and subject the operator to cease and desist orders and civil penalties for operating without a permit parsttattr to section 34-32.5-123, CR.S. Signed and dated this day of Applicant/Operator Signed: Title: �{'e;014 State of rdarn-4o ._ )ss. County of laH7 i �1 ed ) The ih egcring instrument rut w as acknowledged before rrte this a9 day of r 1tiS-t , Z p r w ... by.................._ ........_...----.°..............-.--....-..............__.as. ..__Pres/ a t ,/ If Corporation Attest (Seal) Signed: Corporate Seem ary or Equivalent 7'o City/County Clerk ,,���11111illtt � LY D, leo, two Not Soo % In/ � 1� 1; Commission expires:. . ..... SIGNATURES :411Js'1 BE IN BLUE INK The fallowing is an example that you may wish to use for the Notice required for Rule 1.6.2(1)(b). NOTICE This site is the location of a proposed mining operation. (Name of the Applicant/Operator) whose address and phone number is (Address and Phone Number of the Applicant/Operator) has applied for a Reclamation Permit with the Colorado Mined Land Reclamation Board. Anyone wishing to comment on the application may view the application at the (County Name) County Clerk and Recorder's Office, (Clerk and Recorder's Office Address) , and should send comments prior to the end of the public comment period to the Division of Reclamation, Mining and Safety, 1313 Sherman St, Room 215, Denver, Colorado 80203. Certification: 1, , hereby certify that 1 posted a sign containing the above notice for the proposed permit area known as the (Name of Operation) , on (Date Posted) SIGNATURE DATE M krninleharelvsforrnsWardrockl ID.doc NOTICE OF FILING APPLICATION FOR COLORADO MINED LAND RECLAMATION PERMIT FOR CONSTRUCTION MATERIALS LIMITED IMPACT (110) OPERATION NOTICE TO THE BOARD OF COUNTY COMMISSIONERS COUNTY (the "Applicant/Operator") has applied for a Construction Materials Limited Impact (110) Reclamation permit from the Colorado Mined Land Reclamation Board (the "Board") to conduct the extraction of construction materials in County. The attached information is being provided to notify you of the location and nature of the proposed operation, The entire application is on file with the Division of Reclamation, Mining, and Safety (the "Division") and the local county clerk and recorder. The applieantloperator proposes to reclaim the affected land to use. Pursuant to Section 34-32.5-116(4)(m), C.R.S., the Board may confer with the local Board of County Commissioners before approving of the post -mining land use. Accordingly, the Board would appreciate your comments on the proposed operation. Please note that, in order to preserve your right to a hearing before the Board on this application, you must submit written comments on the application within ten (W) days after the date of the applicant's newspaper publication. If you would like to discuss the proposed post -mining land use, or any other issue regarding this application, please contact the Division of Reclamation, Mining, and Safety, 1313 Sherman Street, Room 215, Denver, Colorado 80203, (303) 866-3567. NOTE T 7 APPLICANT/OPERATOR: You ,sv[;(JST attach a copy of the application form to this notice. Ifthis is a notice of a change to a previously filed. application you must either attach. a copy of the changes, or attach a complete and accurate description of the change. NOTICE OF FILING APPLICATION FOR COLORADO MINED LAND RECLAMATION PERMIT FOR CONSTRUCTION MATERIALS LIMITED IMPACT (110) OPERATION NOTICE TO THE BOARD OF SUPERVISORS OF THE LOCAL CONSERVATION DISTRICT D [STRICT (the "Applicant/Operator") has applied for a Construction Materials Limited Impact (110) Reclamation permit from the Colorado Mined Land Reclamation Board (the "Board") to conduct the extraction of construction materials in County. i'he attached information is being provided to notify you of the location and nature of the proposed operation. The entire application is on file with the Division of Reclatnation, Mining, and Safety (the "Division") and the local county clerk and recorder. The applicant/operator proposes to reclaim the affected land to use. Pursuant to Section 34-32.5-116(4)(m), C.R.S., the Board may confer with the local Conservation Districts before approving of the post -mining land use. Accordingly, the Board would appreciate your comments on the proposed operation. Please note that, in order to preserve your right to a hearing before the Board on this application, you must submit written comments on thc application within ten (10) days after the date of the applicant's newspaper publication. If you would like to discuss the proposed post -mining land use, or any other issue regarding this application, please contact thc Division of Reclamation, Mining, and Safety, 1313 Sherman Street, Room 215, Denver, Colorado 80203, (303) 866-3567. NOTE I o APPLICANT/OPERATOR: You must attach a copy of the application form to this notice. If this is a notice of a change to a previously filed application you must either attach a copy of the changes, or attach a complete and accurate description of the change. An example Public Notice which meets the requirements of the Statutes is shown below. The blanks, which require datcs, will need to be filled in according to the following instructions, PLEASE READ CAREFULLY. Publication Instructions: Date of commencement and date of completion should represent the dates which you feel most accurately describe the life of the operation. For all Limited Impact (110) types of operations, this notice must be published once within ten (10) days of the date the application is considered submitted to the Division of Reclamation, Mining, and Safety (the "Division"). The final date for receiving comments is ten (10) days after the date of publication or the next regular business day. All notices must be published in a newspaper of general circulation in the Iocality of the proposed mining operation and mailed to the landowners as set forth in the Construction Materials Rules and Regulations. Since the date for consideration of your application may change, DO NOT include it in this notice. For a complete discussion of the notice procedures and objections, please refer to C.R.S. 34.32.5-110(7)(c), 114 and 115. * PI. Pl. **************************************************************************************************** *** PUBLIC NOTICT (Operator Name) ; (Address and Phone Number) , has filed an application for a Construction Materials Limited Impact (110) Reclamation Pcrmit with the Colorado Mined Land Reclamation Board under provisions of the Colorado Land Reclamation Act for the Extraction of Construction Materials. The proposed mine is known as the (Name of the Mine) , and is located at or near Section , Township , Range , Prime Meridian. The proposed date of commencement is , and the proposed date of completion is . The proposed future use of the land is (Future I.,anduse) Additional information and tentative decision date may be obtained from the Division of Reclamation, Mining, and Safety, 1313 Sherman Street, Room 215, Denver, Colorado 80203, (303) 866-3567, or at the (County Name) County Clerk and Recorder's office; (Clerk and Recorder's Address) _.._w.,,,., ...... , or the above- named applicant. A complete copy of the application is available at the above-named County Clerk and Recorder's office and at the Division's office. Comments concerning the application and exhibits must be in writing and must be received. by the Diivisiora of Reclamation, Mining. and Safety by 4:00 p.m. on (Final Date for Comments) , Please note that under the provisions of C,R.S. 34-32.5-101 et red. Comments related to noise, truck traffic, hours of operation, visual impacts., effects on property values' and other social or economic concerns are issues not subject to this Office's jurisdiction. These subjects, and similar ones, are typically addressed by your local governments', rather than the Division of Reclamation, Mining, and Safety or the Mined Land Reclamation Board. MAmin'v3hateWsfonn:;,07-07-e11 vs fofms',ComvIJc#innl10 07/23/2007 STATE OF COLORADO GENERAL PERMIT APPLICATION FORM ONLY AND STORMWATER MANAGEMENT PLAN GUIDANCE FOR STORMWATER DISCHARGES ASSOCIATED WITH CONSTRUCTION ACTIVITY ATTENTION This document contains only the two-page application form for the CDPS Stormwater Construction Permit. You must follow the application instructions and the process for developing a Stormwater Management Plan (SWMP). The complete application document is on the Division's web page at www.cdphe.state.co.us/wq/permitsunit/SWConstructionApplication.pdf DO NOT SUBMIT YOUR SWIWP Updated 3/2006 NEW FOR THIS APPLICATION REFER TO THE COMPLETE APPLICATION AND INSTRUCTION FOR FURTHER INFORMATION • Site Map/Legal Description — A site map or legal description (subdivision/block/lot) indicating the site boundaries is now required. • Applicant and Operator Liability — An applicant under this permit agrees to assume liability for compliance with the requirements of the Construction General Permit for the entirety of the construction site/project described and applied for, until such time as the applicant takes the necessary actions to amend, transfer, or inactivate their certification, or the permit expires. The Application Certification language has been revised to clarify this requirement. It is the applicant's responsibility to be familiar with the requirements of the permit and ensure compliance with those requirements. • Restrictions on Who May Apply for and Maintain the Permit — The applicant must be either the owner and/or operator of the construction site. An operator at a construction site who is not covered by a certification held by an appropriate entity may be held liable for operating without the necessary permit coverage. Refer to Parts B and C of the Instructions. • Stormwater Management Plan Guidance — The guidance which was previously available as a separate document has now been added as Appendix A to the application. The guidance has been revised and updated. Additional Guidance Additional information, including further discussion on permittee and operator liability, is available in the Stormwater Fact Sheet for Construction, available from the Division's web site at www.cdphe.state.co.us/wq/PermitsUnit. If you have questions on completing this application, you may contact the Division at cdphe.wqstonn@state.co.us state.co.us or (303) 692-3517. Application Completeness: All items of the application must be completed accurately and in their entirety or the application will be deemed incomplete, and processing of the application will not begin until all information is received. (Do not include a copy of the Stormwater Management Plan, unless requested by the Division.) One original copy of the completed application (no faxes or e-mails) shall be submitted, only to: Colorado Department of Public Health and Environment Water Quality Control Division WQCD-Permits-B2 4300 Cherry Creek Drive South Denver, Colorado 80246-1530 3106/Cons( GENERAL PERMIT APPLICATION For Agency U, )nly STORMWATER DISCHARGES ASSOCIATED WITH: Date Received: / CONSTRUCTION ACTIVITY Month Day Year COR -03 t No. (COR -030000) Billing Code: 9A 9B 9C(1) 9D(2) 9E(3) 9F(4) ALL APPLICANTS MUST FOLLOW THE DIRECTIONS FOR COMPLETION OF THIS FORM IN PART D OF THE INSTRUCTIONS Please print or type. Ali items must be completed accurately and in their entirety or the application will be deemed incomplete and the application returned. Processing of the application will not begin until all information is received. Please refer to the instructions for information about the required items. Original signatures for Parts 8 and 9 are required. I . Name and address of the permit applicant: Company Name GOULD CONSTRUCTION Mailing Address PO BOX 130 City, State and Zip Code GLENWOOD SPRINGS, CO 8I602 Phone Number (945) 945-9291 Who is applying? Owner I 1 Developer i I Contractor I I Local Contact (familiar with facility) MARK GOULD Title PRESIDENT Phone Number (970) 945-7291 Local Contact E-mail Address mark@gouldconstruction.com Legally Responsible Person (application signer) E-mail Address marknagouldconstruction.com 2. Location of the construction site: Street Address (or cross streets) APPROX. 700' E. OF STATE HWY 6 ON CTY RD 240, NORTH OF ROAD City (if unincorporated, so indicate) UNINCORPORATED County GARFIELD Name of plan, project, or development KUERSTEN PROPERTY Latitude/Longitude — use one of the following formats: Latitude 3 9/ 3 4/ 1 2 N Longitude 1 0 7/ 3 0/ 3 4 W (e.g., 39°42'11", 104°55'57") degrees minutes seconds degrees minutes seconds -or- Latitude_ _ . _ _ _ Longitude __ _._ . _ _ _ (e.g., 39.703°, 104.933°') degrees (to 3 decimal places) degrees (to 3 decimal places) 3. Legal Description (subdivision, block, and lot) or Map Indicating Site Location/Boundaries: If a map is attached to provide this information, this must be indicated below. Maps must be folded to 81/2 x 11 inches. Map Attached? ❑ Yes, skip to item 4 ❑ No; include legal description per Instructions (use separate sheet if needed): Subdivision(s), Lot(s), Block(s): 4. Area of the construction site: Total area of project site (acres) 22.455 AC. Area of project site to undergo disturbance (acres) 7.10 AC Total disturbed area of Larger Common Plan of Development or Sale, if applicable (i.e., total including all phases, filings, lots, and infrastructure not covered by this application, SEE INSTRUCTIONS!) 13.4 AC 3106/Const li 5. Nature of the construction activity: Check the appropriate box(s) or provide a brief description that indicates the general nature of the construction activities. (The full description of activities must be included in the Stormwater Management Plan.) ❑Single Family Residential Development ❑Multi -Family Residential Development ['Commercial Development DOH and Gas Production and/or Exploration (including pad sites and associated infrastructure) ❑ Highway/Road Development (not including roadways associated with commercial or residential development) ❑Other, Describe: TEMPORARY EXCAVATION AND SOIL EXPORT ACTIVITIES TO PREPARE SITE FOR DEVELOPMENT, "EXTRACTION AND MATERIAL HANDLING OF NATURAL RESOURCES. 6. Anticipated construction schedule: (SEE INSTRUCTIONS! Providing incorrect information may result in violations.) Construction Start Date: 10/ 0 1/ 0 8Final Stabilization Date: I 0/ 0 1/ 0 9 _ month day year month day year 7. The name of the receiving waters(s). (If discharge is to a ditch or storm sewer, also include the name of the ultimate receiving water): COLORADO RIVER STOP! A Stormwater Management Plan (see Appendix A) must be completed prior to signing the following certifications! 8. Stormwater Management Plan Certification: "I certify under penalty of law that a complete Stormwater Management Plan, as described in Appendix A of this application, has been prepared for my activity. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the Stormwater Management Plan is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for falsely certifying the completion of said SWMP, including the possibility of fine and imprisonment for knowing violations." Signature of Legally Responsible Person (submission must include original signature) Date Signed Name (printed) 9. Signature of Applicant "1 certify under penalty of law that I have personally examined and am familiar with the information submitted in this application and all attachments and that, based on my inquiry of those individuals immediately responsible for obtaining the information, l believe that the information is true, accurate and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine or imprisonment. "I understand that submittal of this application is for coverage under the State of Colorado General Permit for Stormwater Discharges Associated with Construction Activity for the entirety of the construction site/project described and applied for, until such time as the application is amended or the certification is transferred, inactivated, or expired." n �, Title elael lb Signature of Legally Responsible Person (submission must include original signature) Date Signed Title rnm4, C-IDt1wt Name (printed) 3/06/Const A -I GARFIELD COUNTY DRIVEWAY PERMIT REQUIREMENTS Information required by Garfield County Road & Bridge for driveway permits or exemption letters: - State your request (driveway permit vs. exemption). - Legal description; lot & block # preferred, meets & bounds if necessary - Plat or sketch, showing driveway location and any easements (must show nearest County road & be legible). Owner of record (as appears on the tax roll), - Owner's mailing address, phone, fax (& cell if applicable). Subcontractor (if applicable) with contact person, address, phone, fax & cell. Be prepared to show your property pins/comers, and meet Road Foreman if necessary. Quick reference guidelines for new or change of use driveways: ✓ Only one access per parcel (unless demonstrated need) ✓ 90 degree intersection w/County road for first 30 feet ✓ 3% maximum grade for first 30 feet ✓ 4" thick hot asphalt apron if County road is paved or chipped or concrete. ✓ 250 feet visibility in both directions ✓ Corrugated steel culvert if a road ditch is crossed (15" min, no plastic or aluminum) ✓ Driveway runoff must not reach County road! ✓ Obtain permit before commencing work, pay fee & sign, keep on site ✓ Complete the driveway within 30 days of pulling permit, DO NOT DELAY! Initial Contact: District 1 (from Canyon Creek east to County line): Bobby Branham — 945-1223 District 2 (North of 1- 70 and west to County line): Kraig Kuberry — 625-8601 District 3 (South of 1-70 and west to County line): Jake Mall — 625-8601 Secondary Contact: Road & Bridge Main Office: 0567 County Road 352, (Airport Road), Rifle, CO 81650 - ph 625- 8601. Mike or Wendy can fax you the completed permit or you can stop in and pick it up. You can pay in person or by mail, and you can sign in person or by fax (625-8627). REFERRAL FORM Garfield County Building and Planning Department 108 8th Street, Suite 401, Glenwood Springs, CO 81601 (970) 945-8212/Fax: (970) 384-3470 Date Sent: September 19, 2008 Return Requested: October 10, 2008 File Number/Name(s) Project Name(s) Type of Application(s) SUP5308 Kuersten Parcel Special Use Permit — Resource Extraction Staff Planner: Kathy Eastley (keastley@garfield-county.com) Phone: 945-8212 Applicant: Gould Construction, Mark Gould for Robert and Kathleen Kuersten Phone: 945-7291 Contact Person: Phone: 945-2246 Location: 400 feet east of the Super Bowl in New Castle — North side of CR 240 Summary of Request: Resource extraction / soil exportation — 225,000 cubic yards material extracted and approximately 210,000 cy extracted from a 22.5 acre parcel. Truck traffic is proposed 600 trips per day. Attorney The Garfield County Planning Department has received a land use request as referenced above. Your comments are an important part of the evaluation process. In order to review all appropriate agency comments and incorporate them into the Staff Report, we request your response by Friday October 10, 2008. GARFIELD COUNTY Office or Division OTHER Number or Detail Road & Bridge X i.. Planning Engineer X Attorney X Vegetation Manager X PC l2 buses)1 District (haul route and school RE -Z X Board of County Commissioners 5 Press COLORADO STATE LOCAL/FED GOVT ENTITIES Mined Land Reclamation Board X t/ Town - X Town of New ensile (_1---#". Health Department - CDPHE X t CDOT X IZ DISTRICTS/SERVICES Fire District X Burning Mounta' Protection District Soil Conservation District X Bookcliff 1 1. Permit Owner: 2. Address: DRIVEWAY PERMIT FORM +Kokikle Kiverskii 120 W. 3r6( S1ree t 3. City: Carbondale 81623 ❑ Glenwood 81601 ❑ New Castle 81647 ❑ Silt 81652 ❑ Rifle 81650 Ej Parachute 81635 D Other 4. Phone No: 5. County Rd. No. 670) 05-1887 (770)625-1110f8 2q 6. Nearest Intersection or Address: S Roily 6 County Rooef 2qo 7. Distance from Intersection or Address: 8001 East + ± 8. Direction from Int. or Address: NZ EQ S ❑ W 0 9. Side of road: NNEDSOWEI xZ 10. Width of driveway: 30 -foot IN 40 -foot ❑ Other 11. Culvert required: Yes ® No ❑ X2. 12. Size of culvert required: 12 -inch ❑ 15 -inch 0 18 -inch ® Other xz 13. Length of culvert required: 30 -foot Ef 40 -foot 0 Other 14. Asphalt or concrete pad required: yes ® No ❑ 15. Size of pad: 30 -foot wide X 10 -foot long X 4 -inches thick: Yes El 16. Size of pad: 40 -foot wide X 10 -foot long X 4 -inches thick: Yes ❑ 17. Size of Pad: Other 18. Gravel portion required: Yes 0 No 19. Length of gravel portion: 40 -foot ❑ 50 -foot 0 100 -foot 0 20. Trees, brush or fence removed for visibility: Yes ❑ No 21. Distance and direction from driveway to be removed: 18. No more than 3% slope away from County Rd: 22. Driveway must be constructed so no drainage accesses County Rd. from driveway: 23. Certified traffic control required: Yes ❑ No 21 24. Work zone signage only required: Yes ❑ No is 20. Inspection of driveway will be required upon completion and must be approved by person issuing permit or representative of person issuing permit. 21. Person issuing permit: 22. District permit issued in: 1 ❑ 2 ❑ 3 ❑ Date: To: Kathy Eastley, Garfield County Planner From: John Niewoehner, Garfield County Project Engineer Date: July 18, 2008 August 21, 2008 RE: Engineering Review: Special Use Permit - Kuersten Property Background: Gould Engineering has submitted a request to extract native material and re -grade the Kuersten property, located just east of New Castle on CR 240. The Kuersten property was once a gravel quarry and the proposed project would extract 225,000 132,000 cubic yards of material from the site and make the site flatter for future development. Engineering Comments: 1. Grading Permit: A grading permit may not be needed since the applicant is obtaining a Special Use Permit. However, since the project has a large grading component, all required elements of a grading permit application must be submitted. Aug 21: What did we decide on the Grading Permit? 1 think we need one. 2. Easements: All easements on the property (along with a record of their recordation) must be shown. Aug 21: Comment addressed. Included in the package is a 2005 agreement between Kuersten and ditch owner. 3. Grading in the County ROW: This plan needs to be referred to the County Roads and Bridges Department so that they can review the proposed work in the ROW including the access driveways. Aug 21: Do we need to see the approved driveway permit? 1 think so. 4. Utilities Affected by Grading: There are underground and overhead utilities in the affected ROW. According to the design, the utilities poles will not be lowered to proposed grade. Instead, the poles will remain on small islands of undisturbed ground as high as 12 feet above CR 240. These utility poles must be relocated as part of the proposed project. Aug 21: Comment addressed. Xcel provided a Letter that they have no problem with the grading around their poles. 5. Traffic: (a) The proposed traffic calculations (601 trips/day) do not include the water trucks required for dust suppression. The Applicant needs to address this omission. (b) Although the Applicant has not revealed the final destination of the excavated material, it is expected that the material will pass down County Road 240, into the town of New Castle, and onto State Highway 6 and 1-70. The Applicant needs to provide a letter the County with a letter from the Colorado Dept of Transportation (CDOT) that states that CDOT has no objections to the increased traffic caused by the project. Aug: Water truck comment adequately addressed in engineering report. 1 have no strong need to see a letter from CDOT. 6. Irrigation Ditch: The proposed project will install a culvert for the irrigation ditch that crosses the property. The Applicant must provide the County with: (a) a letter from the owner of the ditch, (b) design calculations, drawings and specifications for the culvert and headwall structures, and (c) a recorded easement for the ditch. Aug 21: Comment addressed. Applicant provided letter from ditch owner plus a design for diversion pipe. 7. State Stormwater Management Plan and Permit: Prior to the County's approval of a Grading Permit, the Applicant must obtain a State Stormwater Management Permit. Aug 21: Applicant provided blank application. We need to know that the permit has been granted. 8. Colorado Division of Reclamation Mining and Safety (DRMS): Tentatively, it appears that the proposed project requires a DRMS permit from Colorado Department of Natural Resources. Such permit needs to be obtained by the Applicant prior to the County approving the Grading Permit. Financial Security for Restoration: Since the DRMS requires that the Applicant provide a financial security to guarantee site restoration, the County will not require a financial security. Aug 21: Applicant provided blank application. Don't we want to see approved application? 9. Southwest Access Driveway: (a) Mud rack must be longer than the 40 -foot long rack shown on plans. (b) A note shall be placed on plans that reads: "If the mud rack does not prevent soil from being tracked onto CR 240, then the vehicle's tires will be washed with water prior to the entering CR 240." Aug 21: okay 10. Fugitive Dust: How many water trucks per day will be applied? How will the Applicant limit the disturbed area requiring water? Will water be applied on weekends? Aug 21: It appears that they are applying for State air pollution construction permit. I'm surprised that they even need one since I thought that the State permit was only needed for projects >25 acres. 11. Reclamation: We need to confirm that the amount is okay with Steve Anthony and the applicant will need to provide a financial security as part of the grading permit permit. To: Kathy Eastley, Garfield County Planner From: John Niewoehner, Garfield County Project Engineer Date: July 15, 2008 RE: Engineering Review: Special Use Permit - Kuersten Property Background: Gould Engineering has submitted a request to extract native material and re - grade the Kuersten property, located just east of New Castle on CR 240. The Kuersten property was once a gravel quarry and the proposed project would extract 209,000 cubic yards of material from the site and make the site flatter for future development. Engineering Comments: 1. Grading Permit: A County Grading Permit is required before grading can occur. The Special Use Permit could be approved by the County conditional on these comments being addressed as part of the Grading Permit. 2. Improvement Survey: The applicant needs to submit an improvement survey, stamped by a Colorado Licensed Surveyor, which shows the property boundaries and improvements on and around the site. All property corners must be monumented. All easements on the property (along with a record of their recordation) must be shown. 3. Grading in the County ROW: This plan needs to be referred to the County Roads and Bridges Department so that they can review the proposed work in the ROW including the access driveways. 4. Utilities Affected by Grading: There are underground and overhead utilities in the affected ROW. According to the design, the utilities poles will not be lowered to proposed grade. Instead, the poles will remain on small islands of undisturbed ground as high as 12 feet above CR 240. These utility poles must be relocated as part of the proposed project. 5. Traffic: (a) The proposed traffic calculations (601 trips/day) do not include the water trucks required for dust suppression. The Applicant needs to address this omission. (b) Although the County does not know the final destination of the excavated material, it is expected that the material will pass down County Road 240, into the town of New Castle, and onto State Highway 6 and 1-70. The Applicant needs to provide a letter the County with a letter from the Colorado Dept of Transportation (CDOT) that states that CDOT has no objections to the increased traffic caused by the project. 6. Irrigation Ditch: The proposed project will install a culvert for the irrigation ditch that crosses the property. The Applicant must provide the County with: (a) a letter from the owner of the ditch, (b) design calculations, drawings and specifications for the culvert and headwall structures, and (c) a recorded easement for the ditch. 7 State Stormwater Management Plan and Permit: Prior to the County's approval of a Grading Permit, the Applicant must obtain a State Stormwater Management Permit. 8. Colorado Division of Reclamation Mining and Safety (DRMS): Tentatively, it appears that the proposed project requires a DRMS permit from Colorado Department of Natural Resources. Such permit needs to be obtained by the Applicant prior to the County approving the Grading Permit. 9. Southwest Access Driveway: (a) Mud rack must be longer than the 40-foot long rack shown on plans. (b) A note shall be placed on plans that reads: "If the mud rack does not prevent soil from being tracked onto CR 240, then the vehicle's tires will be washed with water prior to the entering CR 240." 10. Fugitive Dust: 11. Noise TABLE OF CONTENTS Kuersten Property Special Use Permit Application 1. Vicinity Map & Existing Land Use Map 2. Application Form with Submittal Requirements Response 3. Development Area Map 4. Operations Description 5. Sound Report — Engineering Dynamics, Inc. 6. Engineering Report — Sopris Engineering, Inc. 7. Site Grading Plan -- 11" x 17" S. Site Reclamation Cost Estimate 9. Agreement to Pay Form 10. Authorization Letter 11. Title Policy with Legal Description 12. Property Owners within 200 Feet w Map Exhibit 13. Mineral Rights Owners 14. Water Supply 15. Site Grading Plan — 24' x 36" (in pocket) GARFIELD COUNTY Building & Planning Department 108 8th Street, Suite 201 Glenwood Springs, Colorado 81601 Telephone: 970.945.8212 Facsimile: 970.945.3470 www.garfield-county.com Special Use Permit GENERAL INFORMATION (To be completed by the applicant.) > Street Address / General Location of Property: New Castle, CO 81647 North side of County Road 240, approximately four hundred feet east of the Super Bowl bowling alley. > Legal Description: SEE ATTACHED > Existing Use & Size of Property in acres: Vacant land; 22.455 Acres > Description of Special Use Requested: Temporary excavation and soil export activities to prepare site for development. See Description Below ➢ Zone District: AIRIRD - Agriculture / Residential 1 Rural Density > Name of Property Owner : Robert and Kathleen Kuersten (sellers) c/o Stuver, Lemoine and Clifton P.C. > Address: 120 W 3rd Street Telephone: 625- 1887 > City: Rifle State: CO Zip Code: 81650 FAX: 625-4448 > Name of Owner's Representative (Applicant & prospective purchaser): Gould Construction, Mark Gould > Address: P.O. Box 130 Telephone: 970-945-72-91 x 24 > City: Glenwood Springs State: CO Zip Code: 81602 FAX: 970-945-8371 STAFF USE ONLY > Doc. No.: Date Submitted: TC Date: Planner: Hearing Date: APPLICATION SUBMITTAL REQUIREMENTS As a minimum, specifically respond to all the following items below and attach any additional information to be submitted with this application: 1. Please submit, in narrative form, the nature and character of the Special Use requested. Submit plans and supporting information (Le. letters from responsible agencies). Include specifications for the proposed use including, but not limited to, the hours of operation, the number and type of vehicles accessing the site on a daily, weekly and/or monthly basis, and the size and location of any existing and/or proposed structures that will be used in conjunction with the proposed use, and provisions for electric power service and any other proposed utility improvements. Be specific. The proposed excavation activity is temporary in nature, lasting approximately nine months. The purpose of the excavation is to prepare the site for development and is, in reality, simply the first phase of the site construction process. A detailed description of the excavation activity is contained in the attached Operations Description. Most responses to the following sections of the regulations can be found in the Operations Description and/or the Sopris Engineering report also attached herewith. Due to the temporary nature of the proposed activities and their relationship to the impending development of the site, evaluation of the proposed activities relationship to the Garfield Comprehensive Plan have not been evaluated in this special use application. 2. If you will be using water or will be treating wastewater in conjunction with the proposed use, please detail the amount of water that would be used and the type of wastewater treatment. If you will be utilizing well water, please attach a copy of the appropriate well permit and any other legal water supply information, including a water allotment contract or an approved water augmentation plan to demonstrate that you have legal and adequate water for the proposed use. See Operations Description. 3. Submit a site plan /map drawn to scale that portrays the boundaries of the subject property, all existing and proposed structures on the property, and the County or State roadways within one (1) mile of your property. If you are proposing a new or expanded access onto a County or State roadway, submit a driveway or highway access permit. See the attached Operations Description and Sopris Engineering report. 4. Submit a vicinity map showing slope / topography of your property, for which a U.S.G.S. 1:24,000 scale quadrangle map will suffice. Attached. 5. Submit a copy of the appropriate portion of a Garfield County Assessor's Map showing all mineral rights owners of the subject property and public and private landowners adjacent to your property (which should be delineated). In additional, submit a list of all property owners and their addresses adjacent to or within 200 ft. of the site. This information can be obtained from the Assessor's Office. Attached. 6. Submit a copy of the deed and a legal description of the subject property. See attached title Commitment. 7. If you are acting as an agent for the property owner, you must attach an acknowledgement from the property owner that you may act in his/her beha;f. See attached authorization. 8. Submit a statement that specifically responds to each of the following criteria from Section 5.03 of the Zoning Regulations: (1) Utilities adequate to provide water and sanitation service based on accepted engineering standards and approved by the Board of County Commissioners shall either be in place or shall be constructed in conjunction with the proposed use. See Operations Description. (2) Street improvements adequate to accommodate traffic volume generated by the proposed use and to provide safe, convenient access to the use shall either be in place or shall be constructed in conjunction with the proposed use; See the Sopris Engineering report and the Operations Description for details on access and traffic. (3) Design of the proposed use is organized to minimize impact on and from adjacent uses of land through installation of screen fences or landscape materials on the periphery of the lot and by location of intensively utilized areas, access points, lighting and signs in such a manner as to protect established neighborhood character; See Operations Description. 9. Depending on the type of Special Use Permit requested, you may need to respond to additional review standards in the Garfield County Zoning Resolution Section 5.00 [Supplementary Regulations]. This may include uses such industrial uses [section 5.03.07 & 5.03.08], Accessory Dwelling Units [section 5.03.211, Utility line/Utility Substations, etc. Specific sections of the Zoning Resolution which can be located on the Garfield County web site at http://www.garfield-countv.com/building and planningrndex.htm, or information can be obtained from this office Following are specific responses to Sections 5.03, 5.03.07 and 5.03.08 dealing with industrial uses. 5.03 CONDITIONAL AND SPECIAL USES As listed under the Zone District Regulations, conditional and special uses shall conform to all requirements listed thereunder and elsewhere in this Resolution plus the following requirements: (1) Utilities adequate to provide water and sanitation service based on accepted engineering standards and approved by the Board of County Commissioners shall either be in place or shall be constructed in conjunction with the proposed use; (A97-60) See the Operations Description and the Engineering Report from Sopris Engineering for a complete discussion of utility services. (2) Street improvements adequate to accommodate traffic volume generated by the proposed use and to provide safe, convenient access to the use shall either be in place or shall be constructed in conjunction with the proposed use; See the Operations Description and the Engineering Report from Sopris Engineering for a complete discussion of utility services (3) Design of the proposed use is organized to minimize impact on and from adjacent uses of land through installation of screen fences or landscape materials on the periphery of the lot and by location of intensively utilized areas, access points, lighting and signs in such a manner as to protect established neighborhood character; Additional specific requirements and prerequisites for certain uses are as follows: No fencing or vegetational screening is proposed due to the relatively short life of the proposed excavation operation and since the physical characteristics of the site serve to help protect neighboring properties from impacts of the excavation process. The residential properties to the north, east and west are some fifty to seventy feet above the main operations area looking well over the excavation activity areas. In some locations existing vegetation disrupts visibility of the main operations areas. Equipment activity will be very limited near the top of the proposed new slopes on the north side of the site. Neighbors across the county road to the south are protected both by distance and the existing ridge along the county road. This ridge will be removed during the excavation process but the excavation equipment will be working on the opposite side of the ridge from the county road. The southerly neighbors will have minimal visibility of the proposed use except for trucks traveling on the county road until the final phases of the excavation when the ridge is reduced to the elevation of the county road. No site lighting is proposed as part of this excavation operation. 5.03.07 Industrial Operations: Industrial Operations, including extraction, processing, fabrication, industrial support facilities, mineral waste disposal, storage, sanitary landfill, salvage yard, access routes and utility lines, shall be permitted, provided; (1) The applicant for a permit for industrial operations shall prepare and submit to the Planning Director ten (10) copies of an impact statement on the proposed use describing its location, scope, design and construction schedule, including an explanation of its operational characteristics. One (1) copy of the impact statement shall be filed with the County Commissioners by the Planning Director. The impact statement shall address the following: Each of the topics listed are addressed in other areas of this Special Use Permit Application as noted or are addressed below. (A) Existing lawful use of water through depletion or pollution of surface run-off, stream flow or ground water; See Sopris Engineering report and Operations Description. (B) Impacts on adjacent land from the generation of vapor, dust, smoke, noise, glare or vibration, or other emanations; See Operations Description. (C) Impacts on wildlife and domestic animals through the creation of hazardous attractions, alteration of existing native vegetation, blockade of migration routes, use patterns or other disruptions; The proposed activity areas of the site are currently characterized by scarred land surfaces with very limited vegetation providing minimal wildlife habitat. The temporary excavation operation is anticipated to have minimal impact on exiting wildlife activity. Existing steep, poorly vegetated slopes left by the previous site disturbance will be finish graded to 3:1 and seeded with native dryland grasses and wildflowers which will benefit some wildlife species. (D) Affirmatively show the impacts of truck and automobile traffic to and from such uses and their impacts to areas in the County; See Sopris Engineering report and Operations Description. (E) That sufficient distances shall separate such use from abutting property which might otherwise be damaged by operations of the proposed Lse(s); Heavy equipment activity is proposed to maintain appropriate distances from the property line to keep noise levels at the north, east and west property lines within State defined maximum noise levels for construction sites. Along the County Road 240 noise level compliance will be achieved at the south right-of-way line of the county road. See the Operations Description and the attached EDI, Inc Sound Study for a more complete discussion of noise. (F) Mitigation measures proposed for all of tie foregoing impacts identified and for the standards identified in Section 5.03.03 of this Resolutioi See the Sopris Engineering report, the Operations Description and the EDI Sound Study for a discussion of potential impacts and proposed mitigation measures. (2) Permits may be granted for those uses vith provisions that provide adequate mitigation for the following: (A) A plan for site rehabilitation must be approved by the County Commissioners before a permit for conditional or special use will be issued; (B) The County Commissioners may require security before a permit for special or conditional use is issued, if required. The applicant shall funish evidence of a bank commitment of credit, bond, certified check or other security deemed acceptable by the County Commissioners in the amount calculated by the County Commissioners to secure the execution of the site rehabilitation plan in workmanlike manner and in accordance with the specifications and construction schedule established or approved by the County Commissioners. Such commitments, bonds or check shall be payable to and held by the County Comm ssioners; (C) Impacts set forth in the impact statement and compliance with the standards contained in Section 5.03.08 of this Resolution. (A. 93-06-) See Sopris Engineering report and plans anc the Operations Description. 5.03.08 Industrial Performance Standards: All industrial operaticns in the County shall comply with applicable County, State, and Federal regulations regulating wa'er, air and noise pollution and shall not be conducted in a manner constituting a public nuisance or hazard. Operations shall be conducted in such a manner as to minimize heat, dust, smoke, vibration, glare and odor and all other undesirable environmental effects beyond the boundaries of the property in which such uses are located, in accord with the following standards; (1) Volume of sound generated shall comply with the standards set forth in the Colorado Revised Statutes at the time any new application is made. (A. 93-061) See the Sopris Engineering report, the Operations Description and the EDI Sound Study for a discussion of potential impacts and proposed mitigation measures. (2) Vibration generated: every use shall be so operated that the ground vibration inherently and recurrently generated is not perceptible, without instruments, at any point of any boundary line of the property on which the use is located; See Operations Description and the Sopris Engineering report. (3) Emissions of smoke and particulate matter: every use shall be operated so as to comply with all Federal, State and County air quality laws, regulations and standards; See Operations Description and the Sopris Engineering report. (4) Emission of heat, glare, radiation and fumes: every use shall be so operated that it does not emit heat, glare, radiation or fumes which substantially interfere with the existing use of adjoining property or which constitutes a public nuisance or hazard. Flaring of gases, aircraft warning signals, reflective painting of storage tanks, or other such operations which may be required by law as safety or air pollution control measures shall be exempted from this provision; See Operations Description and the Sopris Engineering report (5) Storage area, salvage yard, sanitary landfill and mineral waste disposal areas :(A97-112) (A) Storage of flammable or explosive solids or gases shall be in accordance with accepted standards and laws and shall comply with the national, state and local fire codes and written recommendations/comments from the appropriate local protection district regarding compliance with the appropriate codes; (A97-112) See Operations Description. (B) At the discretion of the County Commissioners, all outdoor storage facilities may be required to be enclosed by fence, landscaping or wall adequate to conceal such facilities from adjacent property; (A97-112) No screen is proposed for this temporary use. (C) No materials or wastes shall be deposited upon a property in such form or manner that they may be transferred off the property by any reasonably foreseeable natural causes or forces; (A97- 112) No on site storage is proposed except for temporary storage of soil to be used in the rehabilitation of the site. (D) Storage of Heavy Equipment will only be allowed subject to (A) and (C) above and the following standards: (A97-112) Only heavy equipment and trucks required for the excavation and exportation activities will be parked on the property during construction. 1. The minimum lot size is five (5) acres and is not a platted subdivision. Not applicable. 2. The equipment storage area is not placed any closer than 300 ft. from any existing residential dwelling. Not applicable. Not applicable. Not applicable. Not applicable. 3. All equipment storage will be enclosed in an area with screening at least eight (8) feet in height and obscured from view at the same elevation or lower. Screening may indude berming, landscaping, sight obscuring fencing or a combination of any of these methods. 4. Any repair and maintenance activity requiring the use of equipment that will generate noise, odors or glare beyond the property boundaries will be conducted within a building or outdoors during the hours of 8 a.m. to 6 p.m., Mon. -Fri. 5. Loading and unloading of vehicles shall be conducted on private property and may not be conducted on ary public right-of-way. (E) Any storage area for acres in size. (A97-112) No on site storage is proposed the rehabilitation of the site. Jses not associated with natural resources shall not exceed ten (10) except for temporary storage of soil to be used in (F) Any lighting of storage area shall be pointed downward and inward to the property center and shaded to prevent direct reflection on adjacent property (A97-112) Site lighting is not proposed. (6) Water pollution: in a case in which potential hazards exist, it shall be necessary to install safeguards designed to comply with the Regulations of the Environmental Protection Agency before operation of the facilities may begin. . See Operations Description and Sopris Engineering report. All percolation tests or ground water resource tests as may be required by local or State Health Officers must be met before operation of the facilities may begin. There are no leachfields proposed. 10. A $400.00 Base Fee: Applicant shal sign the "Agreement for Payment" form and provide the fee with the application. The Agreement for Payment Form and check are attached. Operations Description for Temporary Excavation Activities Kuersten Property, New Castle, Colorado June 25, 2008 1. General description of excavation activities: Excavation activities generally consist of excavation of approximately 208,000 cubic yards of pit run and soil overburden. Of the 208,000 cubic yards approximately 14,000 cubic yards will be used on site to shape cut slopes to a 3 to 1 and the 194,000 cubic yards will be exported off site. Topsoil will be placed on the slopes of the northern portion of the site and revegetated. Areas of the site intended for near future development will be treated to control dust but will not be seeded. Final grading and revegetation plans have been prepared by Sopris Engineering. 2. Hours of operation: Work will occur on Monday thru Friday between 7:00 AM and 6:00 PM. There will be no work on Saturdays or Sundays. Some equipment maintenance work may be conducted on Saturdays. 3. Equipment and vehicles operating on site and parked overnight: Heavy equipment that will remain on site is a 345 excavator, D7 dozer, water truck, loader, grader, skid -steer loader. Additionally, approximately 20 end dump and tandem dump trucks will be parked at night on site. Storage and Staging of heavy equipment and employee parking will be near the southwest corner of the site where shown on the site plan. No security measures are proposed for vehicles parked overnight. No other construction equipment including job trailers are proposed onsite. 4. Length of total operation (excavation and rehabilitation): Excavation and topsoil replacement activities at the site will be completed within 9 months of issuance of the Special Use Permit. 5. No Utility Requirements: There will be no need for temporary power or other utilities for the excavation operations. 6. Site lighting: There will be no need for temporary lighting on the site. All work will occur during daylight hours. 7. Protection of adjacent property: All activities will be confined to the site. The boundary will be clearly marked and if necessary fenced to insure adjacent property is protected. The site plan has no disturbance areas along the property boundaries that should preclude the need for heavy equipment to be near private property boundaries. Equipment 1 will be working in relatively close proximity to the county road right-of-way at various times during the excavation process. 8. Signage: Temporary signage will consist of traffic control signage on the county road indicating heavy truck traffic and trucks turning. The site will be posted with signage indicating heavy construction activities. No permanent site signage is proposed onsite. 9. Possible production of smoke, glare, dust, vibrations and noise: There will be no unusual production of smoke, glare or vibrations during excavation operations. Smoke will consist of normal exhaust from trucks and heavy equipment. Any vibration from the operation of heavy equipment will not be perceptible off site. Dust will be control at all time with application of water. The sound study prepared by EDI, Inc. has identified distances from the property line that heavy equipment such a D-9 dozer will need to observe to avoid noise impacts great than allowed by State statues for construction sites. These distances will be observed and much smaller equipment (grader, Bobcat skid - steer) will be utilized for grading and application of topsoil in areas close to the property line. These smaller pieces of equipment have a negligible noise impact as noted in Table 2 of the EDI report. Total soil quantities to be removed from the slopes closer to the north and west property lines are much smaller that other areas of the site and will be accomplished as efficiently and as quickly as possible. The larger volumes of material to be removed from the site are located on the southern side of the property placing excavation equipment at much greater distances from the north, east and west property lines and particularly from the residences located in those directions from the property. During a majority of the duration of the excavation activities, heavy equipment will be located on the southerly side of the site, three hundred to nine hundred feet from the north property line. Normal heavy equipment activities relative to the county road right-of-way will assure compliance with State noise levels at the south right-of-way line of the county road. The excavator will be located so as to pull soil away from the county road right-of-way toward the interior of the site. This allows the excavator engine to remain far enough from the county road right-of-way to comply with State noise criteria at the south right-of-way line of CR 240. The exportation operation will consist of a large excavator loading trucks that enter and exit without having to back up, thus backup alarm noise will be minimized. Only "white noise" back-up alarms will be used on the heavy equipment. 2 10. Protection of water quality - storm water control: A state storm water management permit will be obtained for the project and best management practices will be followed throughout the project. The plan will include silt fence and/or straw bails placed at any area where storm water could potentially leave the site. As the site is developed, detention ponds will be excavated to control storm water run off. The storm water management plan has been prepared by Sopris Engineering. 11. Fueling operations: Fueling operations of the heavy excavation equipment will be accomplished by a mobile fuel truck routinely used for this purpose. A temporary fuel tank will be located on site for fueling the trucks. The tank is self contained, will have fully compliant spill protection, and an Aboveground Storage Tank Registration form will be completed and registered with the State of Colorado. Refer to the Site Grading plan for the fuel tank location. 12. Water source: Water for dust control will be purchased from the City of Glenwood Springs. A letter from the City agreeing to provide temporary water for dust control is attached hereto. The water will be trucked and stored onsite in a water storage tank. Refer to the Site Grading plan for the water tank location. Drinking water will be provided from a five gallon water cooler by the onsite supervisor. 13. Access routes and traffic control: Access to the site will be via the county road adjacent to the site. Trucks will enter the site at the east access point and exit at the west end of the site. The construction entrance, exit, and onsite access/haul routes are shown on the Site Grading plan prepared by Sopris Engineering. A traffic control plan will be submitted for the project that consists mainly of signage indicating heavy truck traffic and truck turn. A flagger will be posted at the entrance and exit to direct trucks on and off of the county road. Appropriate county driveway access permits will be processed with the County Road and Bridge Department prior to initiation of operations at the site. 14. Temporary sanitation facilities: Two porta-potties will be placed where shows on the Site Grading plan, and will be regularly maintained. 15. Impact on streets: Significant impact to the adjacent county road is not anticipated. Empty trucks will be entering the site at the east end and loaded trucks will be exiting the site to the west on the recently improved road. A vehicle tracking pad will be constructed at the exit point to control tracking of dirt onto streets and the water 3 truck will be available to wash streets. In the event of any damage caused by truck traffic it will be repaired by the Applicant. 16. Dust control: A fugitive dust permit will be obtained for the site from the Colorado Department of Health and Environment (CDPHE). Dust control will be accomplished by spraying disturbed areas of the site with water from a 4,000 gallon water truck. The truck will be on-site at all times and will completely wet down the entire site at the end of each shift. As soon as slopes are excavated to final grade they will be revegetated to control dust. In the event of high winds, excavation and trucking operations will be shut down until winds subside. 17. Extraction of Materials A Division of Reclamation, Mining, and Safety (DRMS) permit will not be required for the site grading and excavation. The export material will not be for sale, and the County requires a site reclamation security deposit. 18. Stockpiling The topsoil stockpile location is shown on the Site Grading plan. No stockpiling of extracted materials will occur onsite; extracted material will be hauled off as it is removed. 19. Revegetation: Fine grained soils will be applied to a depth of one foot in the disturbed areas designated for permanent rehabilitation on the Sopris Engineering Site Grading Plan. These areas will be hydro -seeded in the fall of 2009 allowing the seed to lay dormant through the winter and germinating with the spring moisture. Revegetation seeding will be done with Arkansas Valley Seed's "Multi -Color High Altitude Mix" or an equivalent mix applied at the rate of 25 pounds per acre. All revegetation activities will be completed no later than November 15, 2009. The flatter areas of the site that will be re -disturbed by development activities in the near future will be treated with Magnesium Chloride, a dust inhibitor, upon completion of excavation and topsoil placement activities on the site. 20. Rehabilitation Surety: In the event development of the site under the authority of the Town of New Castle or Garfield County does not occur, the areas not proposed for initial revegetation will be reclaimed by the application with six inches of top soil and hydro -seeded with 25 pounds per acre of Arkansas Valley Seed "Multi -Color High Altitude Mix" or equivalent there of. Such rehabilitation shall be completed by November 15, 2010 unless site development activities are in progress by that time. Attached with this application is an estimate of the cost for rehabilitation of the entire area of potential disturbance which was prepared by Sopris Engineering. As.a condition of the special use permit approval, the Applicant will provide surety in the amount of the estimated cost of site rehabilitation. 4 June 27, 2008 Ron Liston 918 Cooper Ave Glenwood Springs, CO 81601 RE: Engineering Report for Kuersten Property — Special Use Permit Application Sopris Engineering, Job No. 27171.02 Dear Ron, Sopris Engineering, LLC (SE) has prepared the following Engineer's Report to address the proposed site grading, erosion and storm water control, construction access, rehabilitation plan, and temporary traffic calculations which are a part of the Special Use Permit ap;lication. Existing Conditions: The Kuersten property is located just east of New Castle on the north side of Garfield County Road 240, a portion of section 32, of Township 5 South, Range 90 West in Garfield County, Colorado. The existing topography and site conditions of the 22.45 acre parcel are shown on the grading plan. The site was previously used as an excavation site for sands and gravels. The existing topography generally slopes from north to south, with steep excavated slopes in excess of 2'H:1'V on the north and southwest portions of the site. Proposed Grading: The intent of the special use permit is for excavation and site grading in preparation for residential development onsite. The site grading concept includes excavation and export of the existing 'ridgeline' adjacent to County Road 240, and flattening the steep slopes on the north side of the site back at 3'H:1'V. The `ridgeline' along County Road 240 will be taken down to match the flatter slopes in the central portion of the site. From the existing edge of asphalt, the County right of way will be graded with a borrow ditch and then with a 2% slope up to the ROW line. All utilities adjacent to the road will not be disturbed. The exiting overhead utility poles will be graded around and left undisturbed. Utility relocation work and road improvements are proposed as a part of the future residential development onsite. The eastern portion of the site will be excavated to more closely match the existing road elevations. The steep slopes along the north side of the site will be graded back at 3:1 to allow foi permanent revegetation. Erosion Control: Temporary erosion control will be installed and used until revegetation and other permanent erosions control measures are in place. Silt fencing will be installed along the western property line and at any other outflow points for all construction areas onsite. Straw check dams and/or straw waddles will be installed in any natural drainage channels or corridors onsite. The contractor will apply for and receive a construction torm water discharge permit from the Colorado Department of Public Health and Environment (CDPHE) 502 Main Street • Suite A3 • Carbondale, CO 81623 • (970) 704-0311 • Fax (970) 704-0313 SOPRIS ENGINEERING • LLC civil consultants SE#. 27171.02 06/27/2008 Page 2 prior to any construction activity onsite. All rules and regulations set forth by the CDPHE will be adhered to during construction. Details for the proposed erosion control measures are shown on the Grading Plan. Revegetation: The site will be revegetated after grading is complete for erosion control. The 3:1 slope areas on the north side of the site, which will not be disturbed during any future construction, will have 12" of topsoil placed and be hydroseeded with dry land grasses and wildflowers. The hydroseeding will be done in late fall 2008, and will lay dormant through the winter. Shaded areas on the grading plan represent permanent revegetation areas. Disturbed areas that are a part of future construction will not be revegetated. Magnesium Chloride will be placed in disturbed areas for dust control. Traffic: Traffic on County Road 240 associated with The site excavation and grading includes truck trips hauling material offsite, employee trips to and from the site, and support vehicles (maEntenance truck & lube truck). The proposed traffic counts are summarized below. Material will be hauled offsite with a minimum of 10 and a maximum of 20 trucks. For the proposed traffic, we made calculations based on 20 trucks and have assumed that each truck will take 45 m_nutes (0.75 hours) to load, leave to unload, and return to the site. In a ten hour day, each truck will generate 26- 2/3 [2x(10/0.75)] truck trips. For the site, there will be a total of 533 truck trips for haul off of material each day. A maximum of 26 workers will enter and leave the site each day, with 6 onsite workers, and 20 track drivers. We have assumed that the onsite workers will average 4 vehicle trips per day, and the truck drivers will make 2 vehicle trips per day. Total worker trips for the site is (24 + 40) 64 trips per day. A maintenance truck and a lube truck will visit the site once each day which will generate an additional 4 truck trips per day. Vehicle type Number # of Trips Total Trips Trucks 20 26 2/3 533 Workers 20 2 40 6 4 24I Support 2 2 4 Total= 601 writi-w-intels2 All of the vehicle trips will be during the normal hours of operation of 7AM to 6PM. The vehicles trips will be consistent throughout the day with no peaking periods. There will be approximately 30 vehicle trips er hour entering and exiting the site. The contractor will ensure proper truck loading to protect tie ,xisting road section on County Road 240. SE#. 2717L02 06/27/2008 Page 3 Construction Access & Traffic Control: Two construction access points are proposed, a dedicated exit at the southwest corner of the property and a construction entrance approximately 300 feet from the southeast corner of the property. Mud racks will be installed at the exit location to eliminate tra•tiking from construction vehicles offsite. Traffic control signage will be placed on County Road 240 indicating truck traffic is entering and exiting the road in this area. Traffic control personnel will be used as necessary to direct traffic through the construction access area. The contractor will submit a traffic control plan for review prior to construction. If you have any questions or need any additional information, please call. Sincerely, SOPRIS ENGINEERING, LLC John Petaisto EIT Design gineer Nichol, PE Pri ' cipal 111141111',`\5\\ \ 5 I 'HITT/ r' ) \\, \ a In cb p C\. CU cu C') ,,/'/,!,' O O I 7/,/ /J/ M ���� 'I/ IIr)ill1il i:11/ 1\ m CV E-1 O E-1 0 IL IIP((//.i � !/il14rJlJI/%I ____\1.1111}t(r�' --,/ `'ry —/ • i �`pi;;I Illlillllllllf/ 7 r� 1Inl(1 }�!�iRflll \` err) Jo, )1l! .111 li//..i!i./ii \����1N� 11111 ice///%��� 1111.111!1 1/// //I/ �-i111r1I1 Ilrl 'Y/iii 1�1'/I ,,1`1111111111, l fr cf,'frr`' \„\\\\\i?llll IAL 554 511 41 1.0 Ir !I/ /I/ II) Ill// fl I1 l/ l} C�ONFSTRUCTION Ri013 _ - \� \\\\\\\\ 1 /1J r 0 WILL ROAO�`C4TS5 ROVR'' ami 'i WOODEN ON 5TEE FENCE POST O4 8' CENTERS 12" MINIMUM } , f \ I / $ I .`R I 1 7E ;WING AI CH; S-P"r•r CR DING, TO E• ST AIN WORK IS SC7i.. : E PRIOR 0 C,'Vfl G INSTALL ANO RACK AT CONSTRUCTION EXIT. SEE DETAIL THIS SWEET PROPOSED CONSTRUCTION EAT 1+00 SECTION A—A 2+00 GRAAE 47 21 TO R08/PL 17T. 5005 OF ROAD SCALE: NORTL E".ITO• VERY. 1%-.}9, T)PXCA(_ 5j" PENCE CROSS SECTION N,T.S FLOW -/ / '0 / / / / 1 !,lr. PROPOSED CONSTRUCTION ENTRANCE GRADING SUMMARY AREA = 669,250 S.F. = 15.36 ACRES CUT = 224,929 C.Y. FILL = 16,148 C.Y. NET = 208,781 C.Y. _R EXISTING MINAFI GRADE FABRIC MUD RACK DETAIL EYP. LENGTH AS NEEDED TO MAINTAIN ADEQUATE CLEAN SURFACE LEANN0 SITE 2" x 2" x 3' STAKE (TIP.) DALES EMBEDDED 4" TO 6" FILL N.T.S. GRAPHIC SCALE ham wir 11 ( FEET) 1 la:h z 00 Et STORM WATER MANAGEMENT NOTES: 1. ALL CONSTRUCTION PROEM OVER 1 ACRE REQUIRES A COHSIRUCTON STORIIWAIER 05CHARGE PERTAIT FROM 7HE COLORADO DEPARTMENT OF P09JC HEALTH & ENNRONMENI (COPFIE), WATER CuAIJ111 CONTROL 50)45104 (WOOD). 2. THE PERMIT APPLICATOR S1ALL BE SUBMITTED AT LEAST 10 DAIS PRIOR 10 THE START OF CONSTRUCTION ACTIVITIES 3. NE PERMIT APPLICANT (S) SHALL BE THE 05NER AND/OR THE SITE CONTRACTOR. THE APPUCATON SHALL RE 500150 BY THE OWNER AND/0R 7HE SITE CONTRACTOR. 4. STDRMWA1ER MANAGEMENT FLANS (SMMPs) ARE REQUIRED FOR ALL PROJECTS REQUIRIN5 A 10451RUC1ON STMT./WATER DISCHARGE PERMIT AND SMALL RE MANTA/4E0 AND UPDATED ON sW. THE PERMIT HOLDER MUST IMPLEM041, NANITAIN ARO INSPECT 5TORMWATE44 AND ERO51OY CONTROLS DGII1151150 ON 711E S44P4 UNTIL THE SITE 45 PERMANENTLY 5TA6111010 AND NE PERMIT IS INACTIVATED. THE PERMIT C04ER5 ALL WORK ON 1741 PROJECT 105UDIN1 4.0140 PERFORMED BY SUB- CONTRACTORS AND OTHER ENIITES 1T R RECOMMENDED BY THE MUCO THAT A 5xMP 004444401001104 SE DES1}IA4ED FOR ME PROJECT. ME TAMP MUST BE KEPT ON STE FOR USE BY THE ADMINISTRATOR ARD RENEW BY MACO PERSONNEL S. THE 5'MRP STALL BE PRFRAR50 IN ACCO55ANCE IMM 4:000 ENGINEERING. H15R0.0GC AMD POLLU7ON CONTROL PRACTICES ME SIRUP NEED NOT BE PREPARED BY A RE0SIERED 1030116. THE 0&ECOVE co THE AEU/ SHALL DE 70 3501451 BEST MANAGEMENT PRACTICES (AMPS) PATICH WHEN IMPLEMENTED MILL MEET THE TERM3 AND 104)11)045 OF 7HE GENERAL PERMIT. NE 51NYP SHOOED BE AMENDED AS NEEDED TO REFLECT THE CNANTES/IMPR00ENENTS MADE. 6 ME PERMIT REOUIRE5 NAT INSPEC4104 O ME ST0G4WA5ER MANACEL4EN7 51STE4 BE PERFORMED AT LEAST 0E0114 DAYS A140 AFTER ANY PREGPITA710N CR SNDMMELT EVENT OCCURS. INSPECTOR REPORTS RUST RE MAINTAINED ON WE AND MADE AVAILABLE FOR RENEW 81 VOCD PERSONNEL 7. THE OB.1CTIN" OF THE 51044 WATER MANAGEMENT PAN INCLUDES BUT 13 NOT LIMITED TO MIINIP21NG THE AMOUNT OF OSNR&0 SOIL PR£KNTNG RUNOFF FROM OFF -DIE AREAS FROM FL01MN5 ACROSS DISTURBED AREAS 34.08I40 [10414 THE RUNOFF FLORETS ACROSS THE STE AH0 REMOVING SEDIMENT FROM ON -GTE RUNOFF BEFORE R LEAVES ME SITE, 6 ME INSTALLATION O MPS AND SPECIFICATIONS FOR ROSEI CONTROLS SHALL BE IN COMPLIANCE MITA 7445 CD0T EROSOI AND CONTROL STORMwATER O/A TFT GOOF EROSION CONTROL NOTES: 1. ALL MARK PERFORMED SHALL BE W ACCORDANCE 'AM GA FELO COUNTY. 2. CONTRACTOR TO 0111)25 'BEST MANAGEMENT PRACTICES" To CO4MOL EROSION AND SE54ENTAIIAN DURING CONSTRUCTOR. NO SEDIMENT SHALL LEAVE STE DURING CONSTRUCROA 1 CONTRACTOR RESPONSIBLE FOR INSTALLATION AND MAINTENANCE OF TEMPORARY EROSION CONTROL 4. THE CONTRACTOR $HADD 4A141AIN SE0)41 111 ANO ER005N PROTECTION NRCU010UT THE OO45TRUCTION CHELATION. LLT FENCES OR OTHER NECESSARY ERp9CN PROTECTOR STALL REMAIN IN 5110E 011111. ALL OSTIDIREO AREAS HAVE BEEN RENEGEIATEO. S. E004451R ALL ITE10 VERIFY DURING' CONSTRUCTION EROp5N CONTROL MEM005 AND EXTENT. 4. PERMANENT EROSION CONTROL 70 BE PLACED AFTER CUT AND FRL SLOPES ARE IN PLACE. EN0NEER WO DEE:NATE AREAS FOR EROSION CONTROL. AND DE5CNAIE TYPE OF EROSION CONTROL 7. All 0)57UR/1ED AREAS SNAIL BE SUCCESSFULLY REFEGf1ATE0 AND MAINTA4450 IN A PREDOMINAILY WEED FREE CONDITION. LEGEND Q 4, 6/r 6 (I O8i1©£m-I w4':AiA' q• 1. uiNT/+ 3 y� Ar • 5 • SOPRIS ENGINEERING, L1.0. 'CIVIL CONSULTANTS 502 MAIN STREET. SUITE A3 GARDON3411, CO 81623 (970) 704-0315 PROPOSED 10' CONTOURS PROPOSED 2' CONTOURS E031145 10' CON151R5 DOMING 0' CONTOURS PROPOSED STRAW CHECK DAM (SEE DUAL MIS 5HEE1) PROPOSED 5LT FENCNG (SEE DETAIL THIS SHEE7) PERMANENT REVEDEATION AREA 06/27/08 GARi4ELO COUNTY COMPLETENESS REVEYF JPP NO DATE REVISION BY CR 240, GARFIELD COUNTY, COLORADO KUERSTEN PROPERTY SITE GRADING DES. JPP DR. JPP CK. VT'N DATE 04/58/08 FILE N0. 27171.02 SHEET 1 OF 1 April 3, 2008] ENGINEER'S OPINION OF PROBABLE COST FOR SITE RECLAMATION OF DISTURBED GROUND Kuersten Property Garfield County, Colorado The following table is an engineer's opinion of probable costs for grading and revegetation of all disturbed area within the subject development land: Total disturbed area for site grading is approximately 14.2 acres. DESCRIPTION OF WORK MOBILIZATION OVER LOT GRADING TOPSOIL PLACEMENT SEEDING EROSION PROTECTION, SILT FENCING SUBTOTAL= 10% CONTIGENCY TOTAL COST = ESTIMATE OF PROBABLE COST 7,000.00 10,000.00 80,000.00 37,500.00 7,000.00 141,500.00 14,150.00 155,650.00 This opinion of probable construction cost was prepared for budgeting purposes only. Sopris Engineering, LLC cannot be held responsible for variances from this estimate as actual costs may vary due to bid and market fluctuations, •. 81844. 502 Main Street • Suite A3 • Carbondale, CO 81623 • (970) 704-0311 • Fax (970) 704-0313 Sorais ENGINEEBING • LLC civil consultants Kuersten SUP Referral — September 8, 2008 KE PROJECT INFORMATION AND STAFF COMMENTS TYPE OF REVIEW: SUMMARY OF REQUEST: APPLICANT/PROPERTY OWNER: LOCATION: SITE INFORMATION: ACCESS: EXISTING ZONING: ADJACENT ZONING/USES: Referral of Special Use Permit ("SUP") The Applicant requests a SUP for "Extraction, Storage and Material Handling of a Natural Resource" in the ARRD zone district Robert and Kathleen Kuersten East 1/2 of the SE 1/4 Section 32, Township 5 South, Range 90 West of the 6th P.M. and generally described as located 400' east of the Super Bowl (bowling alley in New Castle) on the north side of CR 240. 22.455 acres County Road 240 Agricultural Residential Rural Density Town of New Castle to the north and west — Lakota Canyon Ranch, Shibui West Condominiums, and commercial development. South and east is unincorporated agricultural parcels zoned A/R/RD I. BACKGROUND The Building and Planning Department received a Special Use Permit (SUP) application for "Extraction, Storage and Material Handling of Natural Resources" for a 22.455 acre parcel just east of the Town of New Castle, located on the north side of CR 240 (Bruce Road). A period of one year is anticipated to be necessary to complete the removal and reclamation of this site. Kuersten SUP Referral — September 8, 2008 KE The activity is estimated to excavate 138,000 cubic yards of material, pit run and soil overburden, with approximately 4,600 cubic yards to be used on-site for reclamation. An application has been included in the submittal for a 110 permit which is required by the State of Colorado Division of Reclamation and Mine Safety (DRMS) which issues permits related to mining activity. The mining area is estimated at 7 acres. The application provides a list of equipment to be used in the extraction activities which include an excavator, dozer, loader, grader, skid -steer loader and approximately 20 end dump and tandum dump trucks. A water truck will also be accessing the site for dust suppression purposes. Approximately 133,400 cubic yards of excavated material will be transported to off site locations unspecified in the application. The traffic study included in the application estimates 621 trips per day, further broken down in the following manner: Traffic on County Road 240 associated with the site excavation and grading includes truck trips hauling material offsite, employee trips to and tont the site, and support vehicles (maintenance truck & lube truck). The proposed traffic counts are summarized below. Material wi]I be hauled offsite with a minimum of 10 and a maximum of 20 trucks. For the proposed traffic, we made calculations based on 20 trucks and have assumed that each truck will take 45 minutes (0.75 hours) to load, leave to unload, and return to the site. In a ten hour day, each truck will generate 26- 2/3 [2x(10/0.75)J truck trips. For the site, there will he a total of 533 Truck trips for haul off of material each day. fn addition the contractor will haul ten loads of water from the Colorado River per day, which equates to an addition 20 trips per day. A maintenance truck and a lube truck will visit the site once each day which will generate an additional 4 truck trips per day. A maximum of 26 workers will enter and leave the site each day, with 6 onsite workers, and 20 truck drivers. We have assumed That the onsite workers will average 4 vehicle trips per day, ant] the truck drivers will make 2 vehicle trips Vehicle type Number If of Trips Total Trips Trucks 20 26 2/3 533 Water truck 1 20 20 Workers 20 2 40 6 4 24 Support 2 2 4 Total= 621 Kuersten SUP Referral — September 8, 2008 KE The subject site is adjacent to the Town of New Castle with residential uses to the north and west, as well as commercial uses to the southwest along the interchange. The following map identifies the town boundary with the adjacent subdivisions. ikota Castle Ridge nyon Ranc Shibui We Condos Kuersten Property outlined in blue with adjacent subdivisions and I-70 interchange shown REFERRAL AUTHORITY Section 9.03.04 of the Zoning Resolution of 1978, as amended requires that Special Use Permit applications be initially brought to the Board so that the Board may determine if a recommendation from the Planning Commission is necessary. Kuersten SUP Referral — September 8, 2008 KE II. STAFF RECOMMENDATION Staff finds that due to 1) the nature of potential impacts to surrounding properties and 2) the traffic generated by this proposal and 3) the potential impacts to the Town, Staff recommends the Board refer the application for Planning Commission hearing. REFERRAL FORM Garfield County Building and Planning Department 108 8th Street, Suite 401, Glenwood Springs, CO 81601 (970) 945-8212/Fax: {970) 384-3470 Date Sent: September 19, 2008 T iIM Requested: October 10, 2008 File Number/Name(s) Project Name(s) Type of Application(s) SUP5308 Kuersten Parcel Special Use Permit — Resource Extraction Staff Planner: Kathy Eastley (keastley@garfield-county.com) Phone: 945-8212r Applicant: Gould Construction, Mark Gould for Robert and Kathleen Kuersten Phone: 945-7291 Contact Person: Phone: 945-2246 Location: 400 feet east of the Super Bowl in New Castle — North side of CR 240 Summary of Request: Resource extraction / soil exportation -225,000 cubic yards material extracted and approximate: 210,000 cy extracted from a 22.5 acre parcel. Truck traffic is proposed 600 trips per day. PC The Garfield County Planning Department has received a land use request as referenced above. Your comments are a important part of the evaluation process. In order to review all appropriate agency comments and incorporate the' into the Staff Report, we request your response by Friday October 10, 2008. GARFIELD COUNTY Office or Division OTHER Number or Detail Road & Bridge X Planning Engineer X Attorney X Vegetation Manager X PC 12 School District (haul route and school base! X Board of County Commissioners 5 Press COLORADO STATE LOCAL/FED GOVT ENTITIES Mined Land Reclamation Board X Town — Yawn of New Castle Health Department - CDPHE X .X CDOT X DISTRICTS/SERVICES Fire District X Burning Mountain Protection District Soil Conservation District X Bookcliff k....../) (..,k _ •Z' ' .d'-1 '..,......' ..""........7:11. :i (to . ,.. - , 'Z.., ...4., .... .--•+-2:' ..,...- . , ...t. -.I' .—, ----..1 '"•:...) --...,..,, •-•,,,. `,......:: .,..•..•- iv,..ii • t -,.. -..,, •- -..ik----- N) ..— •:-..4 -„,„. C.) ..,:,.., ,.., ,•::-..;,./ -,',.,-- ....„) -',.,.. .....N-,1 .= A t k•-,:', To: Kathy Eastley, Garfield County Planner From: John Niewoehner, Garfield County Project Engineer Date: July 18, 2008 August 21, 2008 RE: Engineering Review: Special Use Permit - Kuersten Property Background: Gould Engineering has submitted a request to extract native material and re -grade the Kuersten property, located just east of New Castle on CR 240. The Kuersten property was once a gravel quarry and the proposed project would extract 225,000 132,000 cubic yards of material from the site and make the site flatter for future development. Engineering Comments: 1. Grading Permit: A grading permit may not be needed since the applicant is obtaining a Special Use Permit. However, since the project has a large grading component, all required elements of a grading permit application must be submitted. Aug 21: What did we decide on the Grading Permit? 1 think we need one. 2. Easements: All easements on the property (along with a record of their recordation) must be shown. Aug 21: Comment addressed. Included in the package is a 2005 agreement between Kuersten and ditch owner. 3. Grading in the County ROW: This plan needs to be referred to the County Roads and Bridges Department so that they can review the proposed work in the ROW including the access driveways. Aug 21: Do we need to see the approved driveway permit? 1 think so. 4. Utilities Affected by Grading: There are underground and overhead utilities in the affected ROW. According to the design, the utilities poles will not be lowered to proposed grade. Instead, the poles will remain on small islands of undisturbed ground as high as 12 feet above CR 240. These utility poles must be relocated as part of the proposed project. Aug 21: Comment addressed. Xcel provided a leiter that they have no problem with the grading around their poles. 5. Traffic: (a) The proposed traffic calculations (601 trips/day) do not include the water trucks required for dust suppression. The Applicant needs to address this omission. (b) Although the Applicant has not revealed the final destination of the excavated material, it is expected that the material will pass down County Road 240, into the town of New Castle, and onto State Highway 6 and 1-70. The Applicant needs to provide a letter the County with a letter from the Colorado Dept of Transportation (CDOT) that states that CDOT has no objections to the increased traffic caused by the project. Aug: Water truck comment adequately addressed in engineering report. 1 have no strong need to see a letter from CDOT. 6. Irrigation Ditch: The proposed project will install a culvert for the irrigation ditch that crosses the property. The Applicant must provide the County with: (a) a letter from the owner of the ditch, (b) design calculations, drawings and specifications for the culvert and headwall structures, and (c) a recorded easement for the ditch. Aug 21: Comment addressed. Applicant provided letter from ditch owner plus a design for diversion pipe. 7. State Stormwater Management Plan and Permit: Prior to the County's approval of a Grading Permit, the Applicant must obtain a State Stormwater Management Permit. Aug 21: Applicant provided blank application. We need to know that the permit has been granted. 8. Colorado Division of Reclamation Mining and Safety (DRMS): Tentatively, it appears that the proposed project requires a DRMS permit from Colorado Department of Natural Resources. Such permit needs to be obtained by the Applicant prior to the County approving the Grading Permit. Financial Security for Restoration: Since the DRMS requires that the Applicant provide a financial security to guarantee site restoration, the County will not require a financial security. Aug 21: Applicant provided blank application. Don't we want to see approved application? 9. Southwest Access Driveway: (a) Mud rack must be longer than the 40 -foot long rack shown on plans. (b) A note shall be placed on plans that reads: "If the mud rack does not prevent soil from being tracked onto CR 240, then the vehicle's tires will be washed with water prior to the entering CR 240." Aug 21: okay 10. Fugitive Dust: How many water trucks per day will be applied? How will the Applicant limit the disturbed area requiring water? Will water be applied on weekends? Aug 21: It appears that they are applying for State air pollution construction permit. I'm surprised that they even need one since 1 thought that the State permit was only needed for projects >25 acres. 11. Reclamation: We need to confirm that the amount is okay with Steve Anthony and the applicant will need to provide a financial security as part of the grading permit permit. Ple Send Application nttoo the FoollowinQ Ref( 1 Agencies Apniication Name: � (,. (V L.j r2_Q,(c7[r3;C- Date Application Sent: ?4 Mt. Sopris Soil Conservation District Bookciiff Soil Consen•ation District Town of DeBeoue City of Rifle Town of Basalt Town of Ca; bcndal•e City of Glenwood Springs Town of New Castle Town of Silt Town of Parachute Eagle County Pianning.Department Rio Blanco County Planning Department Pitkin. County Planning Department Mesa County Planning Department X.. Burning Mtn. Fire District Town of Silt Fire Department Rifle Fire Protection District Grand Valley Fire Protection District Carbondale Fire Protection District Glenwood Springs & Rural Fire RE -2 School District RE -2 School District School District 16 Carbondale Sanitation District Battietnert Iviesa Water & Sanitation Spring Valley Sanitation District West Glenwood Sanitation District Mid -Valley Metropolitan Sanitation District Roaring Fork Water and Sanitation District Holy Cross Elect-ic (Roaring Fork, S. of Co. River west) Public Service Company (INof Co, River west) KN Energy (S. of Co. River, Roaring Fork ) Western Slope Gas Company US West Communications (G.S. & C'dale area) US West Cornrminicatiens (NC., Silt, Rifle.) US West Communications (Rifle, B.M., Parachute) AT&T Cable Service Coiorado State Forest Service Coiorado Department of Transportation W X Colorado Division of Wildlife (GWS Office) Colorado Division of Wildlife (GJ office) Colorado Dept. of Public Health & Environment Colorado Division of Water Resources Colorado Geological Survey Colorado Water Conservancy Board Colorado Mined Land Reclamation Board. Bureau of Land Management Department of Energy — Western Area Power Admin. Bureau of Reclamation-- Western Colorado Area Office., US Corps of Engineers Northwest Options of Long Term Care Roaring Fork Transportation Authority 7- Garfield County Road & Bridge X- Garfield County Vegetation (Steve Anthony) • Garfield County Housing Authority Garfield County Engin...,r ((e f )- Garteld County Oil and Gas Auditor (^ Garfield County Sheriff Department Ar{� DP/\/‘ >J-. harsle/v7 R(9-07 Tck-1.( Kfaacd-KoK, Roul. -IaMAProYoniA*,-*vtaC 71"1 ?ft14/1/4-4 H'.---1211k(Si4-)1(2.(2 6c_ ru-LeC2, 2oeoC11)00 J06)0 °J1A/X0) 74,04 4-0 (orn M \ful ae(-Aell CONAgt 1111111111111111111111111111111111111dill 1111111111111 664496 12/0312004 03;22P 01644 P390 t1 ALSDORF 1 of 1 R 6.00 D 0.00 GARFIELD COUNTY CO FILED FOR RECORD AT REQUEST OF: WHEN RECORDED RETURN TO �/ Name t• T) QQ4Q Address g 10 MA.. $" City, State Zip ,°( 1.9mt46.,/TEO THE GRANTOR whose malting address hi: QUIT CLAIM DEED ��- 40.7Qs G', Ct�.,6a_ 9957 for and in consideration of $10.00 TEN DOLLARS conveys and quit claims to l(aarltv, �(• fit, e. , { j,,at ----) the following described real estate, situated in the Recording District of 44,1i.cea State of eq. , together with all alter acquired title of the grantor(s) therein; Q1 #.a(t t/ la,a. �,t. fie. g Ili s� t/`f �c.. 3s; r:53,, 90 iv � G R M 4.. kw:4a O m 44444 .4,, A+'rdvl.p_ kL. y,,, A/ SSD lir pox"- 441 , lair,. Geo. Mo 8V5. .> L" L da4, lPu do. Dated , (air: ! Q goo Et STATE OF ALASKA Third Judicial District ) ss, ) 'PHIS IS TO CERTIFY that on this /1 it day o4 A. d . before me the X undersigned Notary Public, personally appeaeed A. ,e r�� known to me and to me known to be the individual(s) described in and who executed the foregoing instrument and 5 he adcnawledged to me that sRe signed the same freely and voluntarily for the uses and purposes Iherein set forth. WITNESS my hand and official seat. �, HIEpj NOTARY; t PUBLICh .r. Notary Public in and for Alaska My commission expires: 3 -,� —d7. .QS 55S0.'r 'i -14f 5'i OH or= zm H'• rD O rs O CO CD � N as •v 00 • al 1.0 st Cl -3 rs co 611 • CO 0 G • rs rs rs N• 0 1-2 H � m 0 0 co OO'OO444-. 4 t LSSS9 'ON >1031-10 0 0 z Pay.***************************************Four hundred dollars and no cents 1 m z 0 0O Z Ci CO wP:- 1G7 Zc co 0 73 csi a� 0� n c O N cn m 0 0 z NOuTOd S O m 0 b 0 0 0 0 0 Z +n ❑0Pv (I)n �o Az zcn .90 r -f az 0 ,_ 0z 0 0 3> tri N N 00 tiA June 27, 2008 ;Kathy Eastley, AICP Senior Planner Garfield County Building & Planning 108 Eighth Street, Suite 401 Glenwood Springs, CO 81601 RE: Kuersten Property -Special Use Permit Application Dear Kathy, This letter is written to address the completeness review comments on the Special Use Permit Application for the Kuersten Property, as listed in your letter dated May 19, 2008 to Ron Liston. The comments follow, with our response in bold font: 14 `2 1. In reference to water for du supdrinking water: and � a1�J s ➢ Refer to Section of the revised Operations Description j S 2. In reference to necessary state and federal permits: a) A Division of Reclamation, Mining, and Safety (DRMS) permit will not be required for the site grading and excavation. Refer to Section 17 of the revised Operations Description. (�- b) Refer to Section 10 of the revised OperationsDescri ption or information regarding the Stormwater quality permit c) Refer to Section 16 of the revised Operations Descriptio for information regarding the fugitive dust permit f .4-i4 'Y 15 KBO d) Refer to Section 11 of the revised Operations Description for information regarding fuel tank registration +1.14_4 ( J 3. In reference to Section 5.03 (3): regarding Screen fencing, landscape screening, access, site lighting and signage to protect established neighborhood character. Refer to the revised Special Use Permit application The revised site plan shows all of the proposed activity onsite: a. Employee parking — See Section 3 of the Operations Description for more information. b. Storage and staging of dump trucks, heavy equipment, and support vehicles - See Section 3 of the Operations Description. c. No security measures are proposed - See Section 3 of the Operations Description. d. No office trailer or other equipment will be onsite - See Section 3 of the Operations Description. e. No site signage is proposed - See Section 8 of the Operations Description. f. The stockpile location - See Section 18 of the Operations Description. g. No other stockpiling will occur onsite - See Section 18 of the Operations Description. h. Fuel tank - See Section 11 of the Operations Description. i. Porta -potties - See Section 14 of the Operations Description. j. Haul roads/Access Routes - See Section 13 of the Operations Description. 502 Main Street • Suite A3 ❑ Carbondale, CO 81623 n (970) 704-0311 ❑ Fax (970) 704-0313 Sorius ENGINEERING • LLC civil consultants 4. In response to the request for a traffic study: The traffic calculations have been included in the revised engineering report that is attached hereto. If you have any questions or need additional information please contact us. Sincerely, SOPRIS ENGINEERING LLC John Petaisto EIT Design Engineer TABLE OF CONTENTS Kuersten Property Special Use Permit Application 1. Vicinity Map & Existing Land Use Map 2. Application Form with Submittal Requirements Response 3. Development Area Map & Site Disturbance Exhibit 4. Operations Description 5. Sound Report — Engineering Dynamics, Inc. 6. Engineering Report — Sopris Engineering, Inc. 7. Site Grading Plan - 11"x 17" 8. Site Reclamation Cost Estimate 9. Agreement to Pay Form 10. Authorization Letter 11. Title Policy with Legal Description 12. Property Owners within 200 Feet w/ Map Exhibit 13. Mineral Rights Owners 14. Water Supply Source & Permissions 15. County Driveway Permit 16. Irrigation Easement Relocation Agreement 17. Division of Reclamation Mining & Safety (DRMS) Permit 18. State Construction Stormwater Discharge Permit 19. State Air Pollution Control Permit 20. New Castle Watershed Protection District Permit 21. Site Grading Plan - 24"x 36" (In pocket) LOCATED IN A PORTION OF SECTION 32, TOWNSHIP 5 SOUTH, RANGE 90 WEST, COUNTY OF GARPIELD, STATE OF COLORADO. SOPRIS ENGINEERING - LLC CIVIL CONSULTANTS 502 MAIN STREET, SUITE A3 CARBONDALE, COLORADO 81623 (970) 704-0311 27171.02 04/02/08 27171—Gradin g.dwg EXISTING LAND USE MAP OF: KUERSTEN PROPERTY LOCATED I_N A PORTION OF SECTION 32, TOWNSHIP 5 SOUTH, RANGE 90 WEST, COUNTY OF GARFIELD, STATE OF COLORADO. NEW CASTLE IR/SF/MF' NEW CASTLE 'C/R' NEW CASTLE 'O/s, SHEET 1 OF 1 11. • • GARFIELD COUNTY ARRD' GARFIELD COUNTY 'ARRD' 49 NEW CASTLE GARFIELD ,C/R COUNTY 'ARRDGARFIELD COUNTY NEW CASTLE C/R SUMMARY OF ZONE DISTRICTS GARFIELD COUNTY— 'ARRD' — Agriculture Residential Rural Density NEW CASTLE— 'R—M' — Residential Single Family, Medium Density '0/S' — Open Space 'R/SF/MF' — Residentia Single Family / Multi Family 'C/R' — Commercial Retail SOPRIS ENGINEERING - LLC CIVIL CONSULTANTS 502 MAIN STREET, SUITE A3 CARBONDALE, COLORADO 81623 (970) 704-0311 GARFIELD COUNTY 'ARRD' GARFIELD COUNTY 'ARRD' SCALE. 1" = 300' 27171.02 04/02/08 27171—Grading.dwg GARFIELD COUNTY Building & Planning Department 108 8th Street, Suite 201 Glenwood Springs, Colorado 81601 Telephone: 970.945.8212 Facsimile: 970.945.3470 www.garfield-county.com Special Use Permit GENERAL INFORMATION (To be completed by the applicant.) D Street Address / General Location of Property: New Castle, CO 81647 North side of County Road 240, approximately four hundred feet east of the Super Bowl bowling alley. D Legal Description: SEE ATTACHED D Existing Use & Size of Property in acres: Vacant land; 22.455 Acres D Description of Special Use Requested: Temporary excavation and soil export activities to prepare site for development, "extraction and material handling of natural resources".. See Description Below ➢ Zone District: AIRIRD - Agriculture 1 Residential 1 Rural Density D Name of Property Owner : Robert and Kathleen Kuersten (sellers) c/o Stuver, Lemoine and Clifton P.C. D Address: 120 W 3rd Street Telephone: 625- 1887 Y City: Rifle State: CO Zip Code: 81650 FAX: 625-4448 D Name of Owner's Representative (Applicant & prospective purchaser): Gould Construction, Mark Gould D Address: P.O. Box 130 Telephone: 970-945-72-91 x 24 D City: Glenwood Springs State: CO Zip Code: 81602 FAX: 970-945-8371 STAFF USE ONLY D Doc. No.: Date Submitted: TC Date: Planner: Hearing Date: I. APPLICATION SUBMITTAL REQUIREMENTS As a minimum, specifically respond to all the following items below and attach any additional information to be submitted with this application: 1. Please submit, in narrative form, the nature and character of the Special Use requested. Submit plans and supporting information (i.e. letters from responsible agencies). Include specifications for the proposed use including, but not limited to, the hours of operation, the number and type of vehicles accessing the site on a daily, weekly and/or monthly basis, and the size and location of any existing and/or proposed structures that will be used in conjunction with the proposed use, and provisions for electric power service and any other proposed utility improvements. Be specific. The proposed excavation activity is temporary in nature, lasting approximately one year with site reclamation and revegetation seeding complete by mid November of 2009. The purpose of the excavation is to prepare the site for development and is, in reality, simply the first phase of the site construction process. A "Construction Material Limited Impact (110) Operation Reclamation Permit " application will be filed with the Colorado State Division of Reclamation and Mining Safety. No excavation activities will be initiated until this Permit has been issued by the State and a copy of said Permit filed with the Garfield County Planning Office A detailed description of the excavation activity is contained in the attached Operations Description and in a letter from Sopris Engineering. Most responses to the following sections of the regulations can be found in the Operations Description and/or the Sopris Engineering report and engineering plans provided by Sopris Engineering all of which are attached herewith. Due to the temporary nature of the proposed activities and their relationship to the impending development of the site, evaluation of the proposed activities relationship to the Garfield Comprehensive Plan have not been included in this special use application except for the following comments relative to "Natural Resource Extraction". 9.0 NATURAL RESOURCE EXTRACTION GOAL: Garfield County recognizes that under Colorado law, the surface and mineral interests have certain legal rights and privileges, including the right to extract and develop these interests. Furthermore, private property owners also have certain legal rights and privileges, including the right to have the mineral estate developed in a reasonable manner and to have adverse land use impacts mitigated. Excess soil and gravel will be removed from the site a quickly and efficiently as possible, with appropriate efforts to minimize impacts on public roadways, the natural environment and surrounding properties. The area disturbed by this activity will be fully revegetated. OBJECTIVES: 9.1 The County will require adequate mitigation to address impacts of mineral extraction on private property owners, without undue burden on the legal rights of mineral lessees. A complete description of mitigation activities and reclamation plans are included with this application. A financial surety will be provided in an amount adequate to cover the cost of reclamation of the disturbed area. 9.2 The County through the implementation of the Comprehensive Plan, Zoning and Special Use Permit policies, will address future compatibility issues with current mining operations. NA 9.3 The County will ensure that mineral extraction activities will not adversely affect the natural environment, including air quality, water quality, wildlife habitat or important visual resources. This application and attached plans provide procedures to minimize impacts and activities to mitigate potential impacts. POLICIES: 9.1 Garfield County, to the extent legally possible, will require adequate mitigation to address the impacts of mineral extraction on adjacent land owners. These measures may include the following: A. Landscaping and screening; B. Modification of phasing or area to be mined; C. Roadway improvements and signage; D. Safe and efficient access routes; E. Drainage improvements to protect surface and groundwater. The above described topics have been addressed by this application. 9.2 Garfield County, in coordination with relevant special districts, authorities and municipalities, will require that developers of energy or mineral extraction projects finance the construction and operation of any public improvements which, now or in the future, will be required by their projects. The proposed extraction activity is temporary (approx. 12 moths) and will not require public improvements. 9.3 Garfield County will require developers of mineral extraction projects to participate in and contribute to the funding of the County's monitoring of the demographic changes and socioeconomic impacts associated with such projects. The applicability of this policy will be assessed on a case-by-case basis by the Board of County Commissioners. The proposed extraction activity is temporary and will not impact socioeconomic conditions or demographics of the area. 9.4 Dust, odors and fumes should be contained within the extraction site generating such emissions and should not negatively affect any surrounding land use. Operational procedures described herein provide for control of these types of impacts. 9.5 Any proposal regarding mineral extraction that cannot mitigate adverse impacts may be denied based on a finding of incompatibility, for the following reasons: A. Adversely affecting the desirability of the immediate neighborhood or the entire community; B. Impairing the stability or value of existing adjacent properties; C. Adversely affecting the quality of life of existing adjacent residences; D. Showing a lack of quality or function in operational planning and/or design; E. Creating a public danger or nuisance to surrounding areas; F. Altering the basic character of adjacent land uses or the entire community. The proposed activity's relevancy in regard to these topics should be evaluated with consideration of the temporary nature of the proposed activity and the primary purpose of the activity which is to prepare a previously disturbed site for some type of future development. Included with this application is a graphic exhibit which portrays the area of development that will be available following proposed excavation activity. Only a portion (7.10 acres) of the future development area shown on said graphic will actually be disturbed by the extraction activities proposed by this application. 2. If you will be using water or will be treating wastewater in conjunction with the proposed use, please detail the amount of water that would be used and the type of wastewater treatment. If you will be utilizing well water, please attach a copy of the appropriate well permit and any other legal water supply information, including a water allotment contract or an approved water augmentation plan to demonstrate that you have legal and adequate water for the proposed use. See Operations Description. 3. Submit a site plan /map drawn to scale that portrays the boundaries of the subject property, all existing and proposed structures on the property, and the County or State roadways within one (1) mile of your property. If you are proposing a new or expanded access onto a County or State roadway, submit a driveway or highway access permit. See the attached Operations Description and Sopris Engineering report and drawings. 4. Submit a vicinity map showing slope / topography of your property, for which a U.S.G.S. 1:24,000 scale quadrangle map will suffice. Attached. 5. Submit a copy of the appropriate portion of a Garfield County Assessor's Map showing all mineral rights owners of the subject property and public and private landowners adjacent to your property (which should be delineated). In additional, submit a list of all property owners and their addresses adjacent to or within 200 ft. of the site. This information can be obtained from the Assessor's Office. Attached. 6. Submit a copy of the deed and a legal description of the subject property. See attached title Commitment. 7. If you are acting as an agent for the property owner, you must attach an acknowledgement from the property owner that you may act in his/her behalf. The Application is signed by the Owner. 8. Submit a statement that specifically responds to each of the following criteria from Section 5.03 of the Zoning Regulations: (1) Utilities adequate to provide water and sanitation service based on accepted engineering standards and approved by the Board of County Commissioners shall either be in place or shall be constructed in conjunction with the proposed use. See Operations Description. (2) Street improvements adequate to accommodate traffic volume generated by the proposed use and to provide safe, convenient access to the use shall either be in place or shall be constructed in conjunction with the proposed use; See the Sopris Engineering report and the Operations Description for details on access and traffic. (3) Design of the proposed use is organized to minimize impact on and from adjacent uses of land through installation of screen fences or landscape materials on the periphery of the lot and by location of intensively utilized areas, access points, lighting and signs in such a manner as to protect established neighborhood character; See Operations Description. 9. Depending on the type of Special Use Permit requested, you may need to respond to additional review standards in the Garfield County Zoning Resolution Section 5.00 [Supplementary Regulations]. This may include uses such industrial uses [section 5.03.07 & 5.03.08], Accessory Dwelling Units [section 5.03.21], Utility line/Utility Substations, etc. Specific sections of the Zoning Resolution which can be located on the Garfield County web site at http:/fwww.garfield-countv.com/building and planning/index.htm, or information can be obtained from this office Following are specific responses to Sections 5.03, 5.03.07 and 5.03.08 dealing with industrial uses. 5.03 CONDITIONAL AND SPECIAL USES As listed under the Zone District Regulations, conditional and special uses shall conform to all requirements listed thereunder and elsewhere in this Resolution plus the following requirements: (1) Utilities adequate to provide water and sanitation service based on accepted engineering standards and approved by the Board of County Commissioners shall either be in place or shall be constructed in conjunction with the proposed use; (A97-60) See the Operations Description and the Engineering Report from Sopris Engineering for a complete discussion of utility services. (2) Street improvements adequate to accommodate traffic volume generated by the proposed use and to provide safe, convenient access to the use shall either be in place or shall be constructed in conjunction with the proposed use; See the Operations Description and the Engineering Report from Sopris Engineering for a complete discussion of utility services (3) Design of the proposed use is organized to minimize impact on and from adjacent uses of land through installation of screen fences or landscape materials on the periphery of the lot and by location of intensively utilized areas, access points, lighting and signs in such a manner as to protect established neighborhood character; Additional specific requirements and prerequisites for certain uses are as follows: No fencing or vegetational screening is proposed due to the relatively short life of the proposed excavation operation and since the physical characteristics of the site serve to help protect neighboring properties from visual and physical impacts of the excavation process. The residential properties to the north, east and west are some fifty to seventy feet above the main operations area looking well over the excavation activities. In some locations existing vegetation disrupts visibility of the main operations areas. Equipment activity will be a significant distance (400 to 900 feet) away from the adjacent residential properties to the north. One small area of disturbance is within 200 feet of the north property boundary where some grading is required to accommodate the installation of piping to replace an exiting irrigation ditch. Equipment will operate in this area for a very brief time. Neighbors across the county road to the south are protected both by distance and the existing ridge along the county road. This ridge will be removed during the excavation process but the excavation equipment will be working on the opposite side of the ridge from the county road. The southerly neighbors will have minimal visibility of the proposed use except for trucks traveling on the county road until the final phases of the excavation when the ridge is reduced to the elevation of the county road. No site lighting is proposed as part of this excavation operation. 5.03.07 Industrial Operations: Industrial Operations, including extraction, processing, fabrication, industrial support facilities, mineral waste disposal, storage, sanitary landfill, salvage yard, access routes and utility lines, shall be permitted, provided: (1) The applicant for a permit for industrial operations shall prepare and submit to the Planning Director ten (10) copies of an impact statement on the proposed use describing its location, scope, design and construction schedule, including an explanation of its operational characteristics. One (1) copy of the impact statement shall be filed with the County Commissioners by the Planning Director. The impact statement shall address the following: Each of the topics listed are addressed in other areas of this Special Use Permit Application as noted or are addressed below. (A) Existing lawful use of water through depletion or pollution of surface run-off, stream flow or ground water; See Sopris Engineering report and Operations Description. (8) Impacts on adjacent land from the generation of vapor, dust, smoke, noise, glare or vibration, or other emanations; See Operations Description. (C) Impacts on wildlife and domestic animals through the creation of hazardous attractions, alteration of existing native vegetation, blockade of migration routes, use patterns or other disruptions; The proposed activity areas of the site are currently characterized by scarred land surfaces with very limited vegetation providing minimal wildlife habitat. The temporary excavation operation is anticipated to have minimal impact on exiting wildlife activity. The existing ridge of soil and gravel located parallel to the County Road will be reduced to a grade near or below the county road elevations. All disturbed areas will be covered with six inches of topsoil and seeded with native dryland grasses and wildflowers. (D) Affirmatively show the impacts of truck and automobile traffic to and from such uses and their impacts to areas in the County; See Sopris Engineering report and Operations Description. (E) That sufficient distances shall separate such use from abutting property which might otherwise be damaged by operations of the proposed use(s); Heavy equipment activity is proposed to maintain appropriate distances from the property line to keep noise levels at the north, east and west property lines within State defined maximum noise levels for construction sites. Along the County Road 240 noise level compliance will be achieved at the south right-of-way line of the county road. See the Operations Description and the attached EDI, Inc Sound Study for a more complete discussion of noise. Since the preparation of the EDI report, the scale of the extraction operation has been reduced. (F) Mitigation measures proposed for all of the foregoing impacts identified and for the standards identified in Section 5.03.08 of this Resolution See the Sopris Engineering report, the Operations Description and the EDI Sound Study for a discussion of potential impacts and proposed mitigation measures. (2) Permits may be granted for those uses with provisions that provide adequate mitigation for the following: (A) A plan for site rehabilitation must be approved by the County Commissioners before a permit for conditional or special use will be issued; (B) The County Commissioners may require security before a permit for special or conditional use is issued, if required. The applicant shall furnish evidence of a bank commitment of credit, bond, certified check or other security deemed acceptable by the County Commissioners in the amount calculated by the County Commissioners to secure the execution of the site rehabilitation plan in workmanlike manner and in accordance with the specifications and construction schedule established or approved by the County Commissioners. Such commitments, bonds or check shall be payable to and held by the County Commissioners; (C) Impacts set forth in the impact statement and compliance with the standards contained in Section 5.03.08 of this Resolution. (A. 93-061) See Sopris Engineering report and plans and the Operations Description. 5.03.08 Industrial Performance Standards: All industrial operations in the County shall comply with applicable County, State, and Federal regulations regulating water, air and noise pollution and shall not be conducted in a manner constituting a public nuisance or hazard. Operations shall be conducted in such a manner as to minimize heat, dust, smoke, vibration, glare and odor and all other undesirable environmental effects beyond the boundaries of the property in which such uses are located, in accord with the following standards; (1) Volume of sound generated shall comply with the standards set forth in the Colorado Revised Statutes at the time any new application is made. (A. 93-061) See the Sopris Engineering report, the Operations Description and the EDI Sound Study for a discussion of potential impacts and proposed mitigation measures. (2) Vibration generated: every use shall be so operated that the ground vibration inherently and recurrently generated is not perceptible, without instruments, at any point of any boundary line of the property on which the use is located; See Operations Description and the Sopris Engineering report. (3) Emissions of smoke and particulate matter: every use shall be operated so as to comply with all Federal, State and County air quality laws, regulations and standards; See Operations Description and the Sopris Engineering report. (4) Emission of heat, glare, radiation and fumes: every use shall be so operated that it does not emit heat, glare, radiation or fumes which substantially interfere with the existing use of adjoining property or which constitutes a public nuisance or hazard. Flaring of gases, aircraft warning signals, reflective painting of storage tanks, or other such operations which may be required by law as safety or air pollution control measures shall be exempted from this provision; See Operations Description and the Sopris Engineering report (5) Storage area, salvage yard, sanitary landfill and mineral waste disposal areas :(A97-112) (A) Storage of flammable or explosive solids or gases shall be in accordance with accepted standards and laws and shall comply with the national, state and local fire codes and written recommendations/comments from the appropriate local protection district regarding compliance with the appropriate codes; (A97-112) See Operations Description. (B) At the discretion of the County Commissioners, all outdoor storage facilities may be required to be enclosed by fence, landscaping or wall adequate to conceal such facilities from adjacent property; (A97-112) No screen is proposed for this temporary use. See explanation provided earlier in this section. (C) No materials or wastes shall be deposited upon a property in such form or manner that they may be transferred off the property by any reasonably foreseeable natural causes or forces; (A97- 112) No on site storage is proposed except for temporary storage of soil to be used in the rehabilitation of the site. (D) Storage of Heavy Equipment will only be allowed subject to (A) and (C) above and the following standards: (A97-112) Only heavy equipment and trucks required for the excavation and exportation activities will be parked on the property in a designated parking area as shown on the Sopris Engineering plans. Not applicable. Not applicable. 1. The minimum lot size is five (5) acres and is not a platted subdivision. 2. The equipment storage area is not placed any closer than 300 ft. from any existing residential dwelling. 3. All equipment storage will be enclosed in an area with screening at least eight (8) feet in height and obscured from view at the same elevation or lower. Not applicable. Not applicable. Not applicable. Screening may include berming, landscaping, sight obscuring fencing or a combination of any of these methods. 4. Any repair and maintenance activity requiring the use of equipment that will generate noise, odors or glare beyond the property boundaries will be conducted within a building or outdoors during the hours of 8 a.m. to 6 p.m., Mon. -Fri. 5. Loading and unloading of vehicles shall be conducted on private property and may not be conducted on any public right-of-way. (E) Any storage area for uses not associated with natural resources shall not exceed ten (10) acres in size. (A97-112) No on site storage is proposed except for temporary storage of soil to be used in the rehabilitation of the site. (F) Any lighting of storage area shall be pointed downward and inward to the property center and shaded to prevent direct reflection on adjacent property (A97-112) Site lighting is not proposed. (6) Water pollution: in a case in which potential hazards exist, it shall be necessary to install safeguards designed to comply with the Regulations of the Environmental Protection Agency before operation of the facilities may begin. See Operations Description and Sopris Engineering report. All percolation tests or ground water resource tests as may be required by local or State Health Officers must be met before operation of the facilities may begin. There are no leach fields proposed. 10. A $400.00 Base Fee: Applicant shall sign the "Agreement for Payment" form and provide the fee with the application. The Agreement for Payment Form and check are attached. 11. Submit 2 cxcpies of this completed n form and off the coque' m ed submittal ated els to the Building and Planniapplication Depart-tient. Staff will request additional copies once the Spezia! Use Permit application has been deemed technically complete. 11. PROCEDURAL REQUIREMENTS (The follawing steps outline how the Special Use Perm Appscation review process works in Garfield County.) 1. Submit this completed application form, base fee, and all supplemental information to tn,, Garfiield County Planning Department It will be received and given to a Staff Planner who will review the application for technical completeness. 2- Once the appttoapon is deemed fechnlcally complete, the Staff 'Planner 'NT send you a letter indicating the application le complete. In addiction. Staff will also send you a'Public Notice Form(sy' indicating the time and date of your healing bei the Board of -County Comm issio ere. •Prior to tl a public hearing, Staff wi f provide you with a Staff Memorandum regarding your requested Special Use. (IT Staff determines you application to be deficient, a letter wig be sent to you indicating that additional information is needed lo deem your application complete..) 3. It Is solely the Apphenfs responsibifdy to ensure proper noticing oaa(S regarding the regoosted Special Use and the pubbc hearing. if proper nodca has not scoured, the public hearing will not occur. Notice requirements are as follows: a. Notice by pubfioation, indudrng the name of the t;ppicant. desrsip5vn atthe subject lot, a hey or the proposed special urs Arid ilatcrre Of the #ream, and the -date, time and place for the 9 ail be given once In a newspaper of general circulation in that portion of the County in which • the sob*/ property in loaded at bast thirty (30) but not mora than sixty 4&L) days prior so .the dais of such hearing, and proof of publication shall be presented at hearing by the applicant. b. : Notice by mad, containing information as described under paragraph (;) above, shall be . malted to all owners of record as shown in the County Assessor's; Office of lots within two hundred feet (200) of -the -subject tot endta'afl owners of mineral interest in the fict property, at lust thirty (30) but not more -then Body (60) days prior to such hearing time by certfied return receipt rnuil, and receipts i shalt be -presented at the hearing by the sippecant. The site snail be posted such that tie notice is ele.arty and con _pudic right-of-way, with notice conspicuously vist>zleft a c. -pu signs provided by me Planning Department; The posting must take place at least thirty (30) but not more than sbdy (60) days prat to the hearing data and Is the sole reaponsbrlity al the applicant 1a post the nptice, and ensure that it remains posted un117 and during the date of the hearing. 4. The Applicant is required to appear before the Board of County Commissioners at the time and date of the pub taeating at Whiff time a the8gar d wits -consider the request in addition, the Appli shag provide proof. at the hearing, that proper Dice was provided. 5. Once the Board makes a decision regarding the Special Use request, Staff wilt provide the Applicant with a skirled resolution raemoriat zing the action taken by the Board. Fbfowing the Boards approval, this office will Issue the Special Use Permit to the applicant If the Boards approval includes specLffc conditions of approval to he met, thio office win not iswe the Official Special Use Permit certiltcate oat' the applicant has satisfied illi Special Use P al. The Special Use Permit approval is not Merced until this office has issued the C7lfirdal ermitcert ficate signed by the Chairman of the Board of County Corcmmissioners. ! have read the statements above and have provided he required attached information which is correct and accurate to e beet of my owiedge./ Signature of Applicant Mark Gould Signature of Owner: re) 64- f{c,c, v /1;24 '� // f % i{ I) /)J E• _ _-�_� "Proposed Contours ) (f' • Kuersten Property 0'.. 4qy 5410 FT 4/7/08 SITE DISTURBANCE EXHIBIT: KUERSTEN PROPERTY LOCATED IN A PORTION OF SECTION 32, TOWNSHIP 5 SOUTH, RANGE 90 WEST, COUNTY OF GARFIELD, STATE OF COLORADO. PROPERTY LINE (TYPICAL) SHEET 1 OF 1 �2//I \ 1 1 �� 1\\ \ i \\���� / f / SITE DISTURBANCE // AREA SITE DISTURBANCE: AREA = 309,193 S.F. = 7.10 ACRES SOPRIS ENGINEERING - LLC CIVIL CONSULTANTS 502 MAIN STREET, SUITE A3 CARBONDALE, COLORADO 81623 (970) 704-0311 SCALE: 1" = 300' 27171.02 08/13/08 27171—Groding.dwg Operations Description for Temporary Excavation Activities Kuersten Property, New Castle, Colorado August 13, 2008 1. General description of excavation activities: Excavation activities generally consist of excavation of approximately 138,000 cubic yards of pit run and soil overburden. Approximately 4,600 cubic yards of topsoil overburden is anticipated to be salvaged from the excavation area and stored on site for use in reclamation of the disturbed areas. Final grading and revegetation plans have been prepared by Sopris Engineering. A "Construction Material Limited Impact (110) Operation Reclamation Permit " application will be filed with the Colorado State Division of Reclamation and Mining Safety. No excavation activities will be initiated until this Permit has been issued by the State and a copy of said Permit filed with the Garfield County Planning Office. A Water Shed Permit application will be filed with and obtained from the Town of New Castle before any excavation activity is initiated. 2. Hours of operation: Work will occur on Monday thru Friday between 7:00 AM and 6:00 PM. There will be no work on Saturdays or Sundays. Some equipment maintenance work may be conducted on Saturdays, 3. Equipment and vehicles operating on site and parked overnight: Heavy equipment that will remain on site is a 345 excavator, D7 dozer, water truck, loader, grader, skid -steer loader. Additionally, approximately 20 end dump and tandem dump trucks will be parked at night on site, 4. Length of total operation (excavation and rehabilitation): Excavation and reclamation activities will be competed by November 15 2009 assuming the Special Use Permit is issued in the fall of 2008. 5. No Utility Requirements: There will be no need for temporary power or other utilities for the excavation operations. 6. Site lighting: There will be no need for temporary lighting on the site. All work will occur during daylight hours. 7. Protection of adjacent property: All activities will be confined to the site. The boundary will be clearly marked and if necessary fenced to insure adjacent property is protected. The site plan has no disturbance areas along the property boundaries that will preclude the need for heavy equipment to be near private property boundaries. Earthwork activities are generally in excess of 400 to 900 feet from the northern property line except for a small area where grading to accommodate the installation of piping for 1 irrigation water. At this location equipment activity may be within 190 feet of north property line for a brief period. The excavator will be located so as to pull soil away from the county road right- of-way toward the interior of the site thereby avoiding any impact on the couth roadway. 8. Temporary signage: Temporary signage will consist of traffic control signage on the county road indicating heavy truck traffic and trucks turning. The site will be posted with signage indicating heavy construction activities. 9. Possible production of smoke, glare, dust, vibrations and noise: There will be no unusual production of smoke, glare or vibrations during excavation operations. Smoke will consist of normal exhaust from trucks and heavy equipment. Any vibration from the operation of heavy equipment will not be perceptible off site. Dust will be control at all time with application of water. The sound study prepared by EDI, Inc. has identified distances from the property line that heavy equipment such a D-9 dozer will need to observe to avoid noise impacts great than allowed by State statues for construction sites. The primary area of excavation is located at distances (400 to 900 feet) that assure equipment noise is compliant with the stated criteria. Normal heavy equipment activities relative to the county road right-of-way will assure compliance with State noise levels at the south right-of-way line of the county road. The excavator will be located so as to pull soil away from the county road right-of-way toward the interior of the site. This allows the excavator engine to remain far enough from the county road right-of-way to comply with State noise criteria at the south right-of-way line of CR 240. The exportation operation will consist of a large excavator loading trucks that enter and exit without having to back up, thus backup alarm noise will be minimized. Only "white noise" back-up alarms will be used on the heavy equipment. 10. Protection of water quality - storm water control: A state storm water management permit will be obtain for the project and best management practices will be followed throughout the project. The plan will include silt fence and/or straw bails placed at any area where storm water could potentially leave the site. As the site is developed, detention ponds will be excavated to control storm water run off. The storm water management plan has been prepared by Sopris Engineering. 11. Fueling operations: Fuelling operations of the heavy excavation equipment will be accomplished by a mobile fuel truck routinely used for this purpose. A temporary fuel tank will be 2 located on site for fueling the trucks. The tank is self contained and will have fully compliant spill protection. Equipment parking and fueling areas are shown on the Sopris Engineering plans. 12. Water source for dust control: As explained in a letter included herein from Jeff Houpt, project attorney, water for dust control is proposed to will be pumped from the Colorado River under the terms of a short term contract available from the Colorado River Water Conservation District. The application for water service contract is include with this application. Also included herewith is a letter from the Town of New Castle authorizing the applicant to utilize the Town's public boat ramp on the south side of the river to pump water directly from the river to fill water trucks. 13. Access routes and traffic control: Access to the site will be via the county road adjacent to the site. Trucks will enter the site at the east access point and exit at the west end of the site. A traffic control plan will be submitted for the project that consists mainly of signage indicating heavy truck traffic and truck turn. A flagger will be posted at the entrance and exit to direct trucks on and off of the county road. Appropriate county driveway access permits will be processed with the County Road and Bridge Department prior to initiation of operations at the site. 14. Temporary sanitation facilities: Two porta-poties will be placed on the site and regularly maintained. 15. Impact on streets: Significant impact to the adjacent county road is not anticipated. Empty trucks will be entering the site at the east end and loaded trucks will be exiting the site to the west on the recently improved road. A vehicle tracking pad will be constructed at the exit point to control tracking of dirt onto streets and the water truck will be available to wash streets. In the event of any damage caused by truck traffic it will be repaired by the Applicant. 16. Dust control: Dust control will be accomplished by spraying disturbed areas of the site with water from a 4,000 gallon water truck. The truck will be on-site at all times and will completely wet down the entire site at the end of each shift. In the event of high winds, excavation and trucking operations will be shut down until winds subside. As described in paragraph 12 above, the water truck will be filled with water pumped directly from the Colorado River at the Town of New Castle's public boat ramp. 17. Revegetation: Fine grained surface soils will salvaged from the undisturbed areas of the site proposed for excavation and will be temporarily stored on the site. The soil will be applied to a depth of at least six inches on all areas disturbed by the 3 excavation activities. These areas will be hyro-seeded in the fall of 2009 allowing the seed to lay dormant through the winter and germinating with the spring moisture. Revegetation seeding will be done with Arkansas Valley Seed's "Multi - Color High Altitude Mix" or an equivalent mix applied at the rate of 25 pounds per acre. All revegetation activities will be completed no later than November 15, 2009. 18. Rehabilitation Surety: Attached with this application is an estimate prepared by Sopris Engineering for the cost of topsoil placement and revegetation as described in 17 above. As a condition of the special use permit approval, the Applicant will provide surety in the amount adequate to cover the cost of site rehabilitation. 4 Rev # ■ engineering eincorporated NOISE ASSESSMENT KUERSTEN PROPERTY PROJECT GARFIELD COUNTY, COLORADO April 2008 5,4„..241, Prepared by: 6 - Howard Howard N. McGregor Registered Professional Engineer State of Colorado, License No. 3928 E. D. I. Job No. C3693 Page 1 of 6 3925 S. Kalamath St., Englewood, Colorado 80110 • voice: 303-761-4367 • fax: 303-761-4379 I. INTRODUCTION Rev # ■ engineering ILI1,�3`, dynamics ._ incorporated It is planned to construct residential dwellings on portions of land located in Section 32, township 5, Range 90 with the address of County Road 240, New Castle, Colorado, which will be referred to as the Kuersten Property. The work involved in this construction project will involve the removal of surface materials and preparation of the site for construction of residences. Some of the material to be removed is sand and gravel, which may be used on other prcjects in the area. The project will involve a dozer, excavator, water truck, loader grader, skid -steer loader and small surface finishing equipment. Approximately twenty end dump and tandem trucks will be parked on the site during the evening hours. This report addresses the noise associated wish the construction work, applicable noise regulations or laws and methods of compliance. The work reported herein was performed by Mr. Howard N. McGregor or under his direct supervision. Mr. McGregor is a licensed professional engineer holding State of Colorado license number 3928. E. D. I. Job No. C3693 Page 2 of 6 3925 S. Kalamath St., Englewood, Colorado 80110 • voice: 303-761-4367 • fax: 303-761-4379 Ay i engineering 1 `, dynamics e incorporated II. APPLICABLE LAWS AND OPERATIONAL CONDITIONS A. Garfield County Garfield County does not have an ordinance addressing noise and relies upon the State of Colorado Noise Law with respect to any permitting process. Rev # B. State of Colorado Noise Law Colorado Revision Statutes, VoILme 8, Titles 25-28, Article 12, "Noise Abatement" is used by Garfield County. The applicable portions are in CRS 25-12-103 § (1) and § )5): (1) Every activity to which th's article is applicable shall be conducted in a manner so that any noise produced is not objectionable due to intermittence, beat frequency, or shrillness. Sound levels of noise radiating from a property line at a distance of twenty-five feet or more therefrom in excess of the dB(A) established or the following time periods and zones shall constitute prima facie evidence that such noise is a public nuisance: 7:00 a.m. to 7:00 p. n. to Zone next 700 p.m. next 7:00 a.m. Residential 55 dB(A) 50 dB(A) Commercial 60 dB(A) 55 dB(A) Light industrial 70 dB(A) 65 dB(A) Industria! 80 dB(AO 75 dB(A) (5) Construction projects sh311 be subject to the maximum permissible noise levels specified for industrial zones for the period within which construction is to be completed pursuant to any applicable construction permit issued by property authority or, if no time limitation is imposed, for a reasonable period of time for completion of project. The noise limits are as defined for "industrial zone", are 80 dB(A), during 7:OOam to next 7:OOpm and 75 dB(A), during 7:OOpm to next 7:OOam. C. Hours of Operation Work will occur on Monday thru Friday between 7:00 a.m. and 6:00 p.m. There will be no work on Saturdays or Sundays. D. Length of Total Operation Excavation and topsoil replacement work at the site will be completed within six months of issuance of the SUP. E. D. I. Job No. C3693 Page 3 of 6 3925 S. Kalamath St., Englewood, Colorado 80110 • voice: 303-761-4367 • fax: 303-761-4379 ecIw I incarporated 111. EXISTING NOISE ENVIRONMENT A. Measurement Locations and Equipment The existing (baseline) noise environment was measured at two locations on the Kuersten property. The noise monitoring equipment was placed in continuous operation from March 6, 2008 to March 12, 2008. Rev # 1. Site 1 Forty feet east of the west property line and about 525 feet north from the southwest corner. The noise monitor placed at this location was a Quest Model 2900 Sound Level Meter, s/n CD8020046. Total measurement time at Site 1 was 138 hours. 2. Site 2 Forth -five feet south of the north property line and about 820 feet east of the northwest corner. The noise monitor was a Quest Model 2900 Sound Level Meter, s/n CDD070021. At both measL rement sites, the measurement instruments were in weatherproof containers and the microphones v -ere at an elevation of five ft. above ground level and fitted with windscreens. Both instruments had been calibrated in Engineering Dynamics Inc.'s calibration laboratory, were checked after usage and found to be within calibration and normal operations. Total measurement time at Site 2 was 139 hours. B. Measurement Results The two noise monitors were set to record the average A -weighted, slow response, sound level for each and every one (1) hour interval during the entire time on location. In addition to the hourly recorcs, the day/night average, 5, 10, 50 and 90th percentiles were calculated by the instrument onboard corrputer and stored in the instruments' memory for subsequent downloading in Engineering Dynamics Inc.'s laboratory. During the measurement interval from 3/6/08 to 3/12/08, the temperature ranged from a low of about 20 deg. F to a high of about 50 deg. F, Table 1 presents the statistics of the baseline noise levels measured at the two sites in 2004. Tre columns titled 1, 10, 50 and 90 are the exceedance levels. At measurement Site 1 for example, 5% of the time the noise was greater than 51 dB(A), 10% of the time greater than 49 dB(A), 50% of thetime greater than 41 dB:A) and 90% of the time greater than 35 dB(A). The average noise level at Sile 1 was 45 dB(A) and at Site 2 50 dB(A). Site Table 1 Kuersten Property Project Garfield County, Colorado Noise Exceedance Levels — dB(A) Exceedance Percentile 5 10 50 90 1 2 51 55 49 63 41 47 35 46 Average 45 50 J E. D. I. Job ho. C3693 Page 4 of 6 3925 S. Kalamath St., Englewood, Colorado 80110 • voice: 303-761-4367 • fax: 303-761-4379 IV. NOISE ANALYSIS A. Equipment Inventory Rev # di, engineering e1,, } dynamics incorporated Table 2 Construction Equipment Noise Source Inventory Category Manufacturer Description dB(A)-100 ft 80 dB(A) Distance 75 d8(A) Distance Dozer Caterpillar D7 76 64 115 Excavator Engine End Caterpillar _ 345 75 56 100 Excavator Arm End Caterpillar 345 72 40 70 Water Truck Misc. 4000 gal. 64 --- --- Loader _ Caterpillar IT28 76 64 115 Dump Truck Misc. 14 Wheel 66 --- -- Grader Misc. Misc. --- ___ --- Skid-Steer Loader Misc. Misc. --- --- --- Back-up Alarm Brigade BBS -92 65 -- 32 Back -Up Alarm Brigade BBS -107 79 90. 160 The dozer, excavator and loader will be fitted with the Brigade BBS -107 back-up alarm. The water truck and smaller vehicles such as graders and bobcats will be fitted with the Brigade BBS -92 back-up alarm, which is quieter than the BBS -107 by 14 dB(A) or more than half as loud. Haul trucks will enter the site from the eastern side from CR240 and proceed westerly into the site where they will be loaded. Once loaded, the trucks will continue in the westerly direction and exit onto CR240. During these loading operations the haul trucks will be moving forward and their back-up beepers will not be turned on. This means that only the white noise backup alarms will be in operation at the project site. B. Noise Footprints The noise emission from the equipment is as a moving footprint, which can be used, based upon the operational scenarios to develop noise contours. It should be pointed out that noise contours are sometimes misleading especially when the noise sources are mobile because the contour may represent the envelope or outline of the noise footprints, which are not time invariant. That is, for example, at any given moment in time, there is only one noise footprint for the dozer and that footprint is at only one location on the property. C. Operational Criteria The Colorado Noise Law defines the noise limits to those values that occur 25 ft. beyond the property line upon which the noise source is located. The Applicant has chosen to use the property line rather than 25 ft. beyond the property line as the boundary of the noise limit. In order to comply with this more stringent criteria, the distances to the 80 dB(A) level presented in Table 2 will be used to establish how close the heavy equipment can approach the property line of adjacent residential properties. Excavation along the south edge of the site will come to about 4 ft. of the northern edge of CR 240 where there is a borrow ditch. The distance from this northern edge of CR 240 to the most southern edge of the right-of-way on the opposite side of the road is on the average about 36 ft. This gives a distance of about 40 ft. from the edge of disturbance to the property abutting to the southern right-of-way of CR 240. During excavation in this area, the excavator arm/bucket will be extending to the south as it pulls the material away, scoops it up and rotates to dump the material. The engine end of the excavator will be about 25 ft. further north making the distance from the engine end of the excavator to the property E. D. I. Job No. C3693 Page 5 of 6 3925 S. Kalamath St., Englewood, Colorado 80110 • voice: 303-761-4367 • fax: 303-761-4379 Rev # engineering dynamics incorporated line about 55 ft. In addition the maximum noise is from the rear or engine end of the excavator, which will be pointed to the north when working at the southern edge of the site. To the north, the distances to the property 11 -ie are much greater, ranging from a minimum of 300 ft. to a maximum of 900 ft. Excavation along the eastern and western property lines will be minimal and so will the time that the excavator will be working it those areas. Final grading on the site and along the boundaries will be accomplished with small Surface preparation machines. D. Ground Vibration The equipment that will be used during the constriction activities may produce ground vibration that will be at the very most an order of magnitude blow lie threshold of perceptible ground vibration. There will be no blasting or caisson driving on the property. E. D. I. Job No. C3693 Page 6 of 6 3925 S. Kalamath St., Englewood, Colorado 8)110 • voice: 303-761-4367 • fax: 303-761-4379 August 14, 2008 Ron Liston 918 Cooper Ave Glenwood Springs, CO 81601 RE: Engineering Report for Kuersten Property — Special Use Permit Application Sopris Engineering, Job No. 27171.02 Dear Ron, Sopris Engineering, LLC (SE) has prepared the following Engineer's Report to address the proposed site grading, erosion and storm water control, construction access, rehabilitation plan, and temporary traffic calculations which area part of the Special Use Permit application. Existing Conditions: The Kuersten property is located just east of New Castle on the north side of Garfield County Road 240, a portion of section 32, of Township 5 South, Range 90 West in Garfield County, Colorado. The existing topography and site conditions of the 22.45 acre parcel are shown on the grading plan. The site was previously used as an excavation site for sands and gravels. The existing topography generally slopes from north to south, with steep excavated slopes in excess of 2'H:l'V on the north and southwest portions of the site. Proposed Grading: The intent of the special use permit is for excavation and site grading for removal of natural resources, in preparation for residential development onsite. The site grading concept includes excavation and export of the existing `ridgeline' which is adjacent to County Road 240. The ridgeline' then turns northwest to end into the existing hillside. As a part of the site excavation, the existing onsite irrigation ditch will be realigned and buried to maintain continuous flow during the irrigation season. Site excavation and grading work is shown on the Site Grading Plan. The `ridgeline' onsite will be taken down to match the flatter slopes in the central portion of the site. Along County Road 240 from the existing edge of asphalt, the County right of way will be graded down at 6'H:1'V to the ROW line, and then graded down at 2:1 there after. All utilities adjacent to the road will not be disturbed. The existing overhead utility poles will be graded around and left undisturbed. A representative of Excel Energy has reviewed and is satisfied with the proposed grading around the pads. Refer to the letter attached hereto. Utility relocation work and road improvements are proposed as a part of the future residential development onsite. Erosion Control: Temporary erosion control will be installed and used until revegetation and other permanent erosions control measures are in place. Silt fencing will be installed along the western property line and at any other 502 Main Street • Suite A3 • Carbondale, CO 81623 • (970) 704-0311. Fax (970) 704-0313 SOPRIS ENGINEERING • LLC civil consultants SE#. 27171.02 08/14/2008 Page 2 outflow points for construction areas onsite. Straw check dams and/or straw waddles will be installed in any natural drainage channels or corridors onsite. The contractor will apply for and receive a construction storm water discharge permit from the Colorado Department of Public Health and Environment (CDPHE) prior to any construction activity onsite. All rules and regulations set forth by the CDPHE will be adhered to during construction. Details for the proposed erosion control are shown on the Site Grading Plan. Revegetation: The site will be revegetated for erosion control after excavation and grading are complete. Six inches of topsoil will be placed over the site disturbance area, and will be hydroseeded with dry land grasses and wildflowers. We anticipate that the hydroseeding will be done in late fall 2009, and will lay dormant through the winter. Shaded areas on the grading plan represent the disturbance/revegetation area. Dust Control: The contractor will obtain a construction permit from the Air Pollution Control Division (APCD) of the CDPHE prior to any construction activity onsite. A water truck will be in use during all hours of operation for dust control. Traffic: Traffic on County Road 240 associated with the site excavation and grading includes truck trips hauling material offsite, employee trips to and from the site, and support vehicles (maintenance truck & lube truck). The proposed traffic counts are summarized below. Material will be hauled offsite with a minimum of 10 and a maximum of 20 trucks. For the proposed traffic, we made calculations based on 20 trucks and have assumed that each truck will take 45 minutes (0.75 hours) to load, leave to unload, and return to the site. In a ten hour day, each truck will generate 26- 2/3 [2x(10/0.75)] truck trips. For the site, there will be a total of 533 truck trips for haul off of material each day. In addition the contractor will haul ten loads of water from the Colorado River per day, which equates to an addition 20 trips per day. A maintenance truck and a lube truck will visit the site once each day which will generate an additional 4 truck trips per day. A maximum of 26 workers will enter and leave the site each day, with 6 onsite workers, and 20 truck drivers. We have assumed that the onsite workers will average 4 vehicle trips per day, and the truck drivers will make 2 vehicle trips per day. Total worker trips for the site is, 24 + 40) 64 tries ner day. Vehicle type Number # of Trips Total Trips Trucks 20 26 2/3 533 Water truck 1 20 20 Workers 20 2 40 6 4 24 Support 2 2 4 Total= 621 SE#. 27171.02 08/14/2008 Page 3 All of the vehicle trips will be during the normal hours of operation of 7AM to 6PM. The vehicles trips will be consistent throughout the day with no peaking periods. There will be approximately 30 vehicle trips per hour entering and exiting the site. The contractor will ensure proper truck loading to protect the existing road section on County Road 240. Construction Access & Traffic Control: Two construction access points are proposed, a dedicated exit at the southwest comer of the property and a construction entrance approximately 300 feet from the southeast corner of the property. Mud racks will be installed at the exit location to eliminate tracking from construction vehicles offsite. Traffic control signage will be placed on County Road 240 indicating truck traffic is entering and exiting the road in this area. Traffic control personnel will be used as necessary to direct traffic through the construction access area. The contractor will submit a traffic control plan for review prior to construction. If you have any questions or need any additional information, please call. Sincerely, SOPRIS ENGINEERING, LLC c 7 94644 w Priricipal•..° Xcel Energy 2538 Blichmann Avenue Grand Junction, Colorado 81505 August 7, 2008 Mr. Mark Gould Gould Construction Co. PO Box 130 Glenwood Springs, CO 81601 RE: Kuersten Property, County Rd 240 Mr. Gould, After reviewing the grading plans, as proposed by Sopris Engineering, Xcel Energy is satisfied with the pad design for our existing power poles. Sincerely, C51 -r Jon Price Designer Xcel Energy PO Box 849 Grand Junction, CO 81502 GRAPHIC SCALE VI 4S• CI.) CV .. F Ip O In CV CO CV CV CV COCO/; '', CV / //, (�j" ' /.,'//''/ , `� STORM WATER MANAGEMENT NOTES: �//ice'//,'' ', ~ `~ 174 1. µL OWSTRIICTION PROJECTS OYER 1 ACRE REQUIRES A CONSIPtICPON Srp1YYA1[R DISCHARGE ` 0 0 I a MIST 5 \ , .,‘17 .-. E Well. e0 FL ‘1.‘„4\, \\ 1 I`I 0 N� 0 ►a to 0 a --- l-� J`7'+t 0 4 4 I �/% !1 '! f I//�/!/! J/ // / ^ ' `? PERMIT 0RCY THE COLORADO DEPARTMENT c1 PIMA' NEALM 14 CNNRONYER7 (Ci2pHE), RATER '- + f l ! T. ! Ii.I111/;//;" .w\ \ I1 „ ' awn Cama 0[19044 (OOCD). `---_� _ /�^,/.�7, Pyla! ' (Ili/// THE _ _ L SNIVEL BE SUBLIMED AT [CAST 10 DAIS PRIOR 10 T11E START 6 011441 1 5 ' 11111(111! : \\1\ \ \ Co}l l , ♦ ` .. I _ - _ -. 1�I.rlr1l11 rl.\\111. \� - i__ _ ---__ I 1 I - _. F' _ - _ ---'` _ _ _ - w. /' '�,- -/I / 'J,l/// rl/!l�'/. ^� 1 lllt 11„///i..$. fl /f , / MISIR11C710N� _ - .-_ /,� I 'I 'r SHALL BE THE OYNER AIR/Dl TIE SITE Ca1RACT0R. TIE AMuCAr10N ' - ` i f /I J. �/' /� W I/' ` I I1 1 I11r1 !!'/ ( 11 r //I/ 1'///h /.'/ 11 // // r!f//Illl(i / . r 1 . ! 1 // // /,,.• i fl // /!/!1 • II II / 111 )11111II111I IIIIr/I/ 1! 1 11iI111IIIl i' [III 111 _ _ . _ _ __ _ ,, _ - 7 _ - �._� I .. 11 I'' V I 1 . . .. 1 I rh 4"--- w -i--1_-�Y 1-'r� ]t % _ _ _ -'-(--'-= - t - _-i--s-_--',.;„---7-7t---7--------7-_-_- ,• ./,'.....'",,,,,/..,././ / ' ,,,--„,,,f i - i /// 1)//// / ' / : /, / I II 1I 1 1 V1 11 , \ 4�• - - 1 4.1 1\ 1 / + , ---,,=` _4 \ - - _ _ - - _ -- ' / /h^� / -'/ , / +h', / 11)11II1 111,/ /t. ,,, ' i.'-" //,.i///' 1 J f / // 1 / l4 _ -.e720- ~\ \\ \I I 1 1 / \-,,,,,,t.\\\\\/ / /' /h� II�o '/ •//'/// / '/ / / / (- 1 \ I I I ( I I\ / / ///'%, �' ' ��� ' / �` / /• '///// // / \ _ I J / 1q.:•\.„ - / / /.,././. /�• / , /1I / v - ` - -LI- 1 1 l 1 l ( I / / I - - , / / // // / /.,/ 1 moi' - ' •/1�_ / - , _-/'. "'-'1'.....1 -•• ` 1 4 1 l - ` _ •_ - _ - I S \ / /! i ''i \ / • ' _ .: / / / /, 1 - _---.1"-=.,-,--:-.:-,-:::::-::,--,,‘, // //.i // ' it` _ _ .� -•, `\ 4 1 1 5 \ 1 / /111.\\� _ -`� AAAA !(Il f �v 'i� . .//"./,�'-_-_,--_-_---.-=--_,1--'--=-'1,7_,- t\• ` W Y 1 /,I 4, \�i!/!//!I!Jr�� -, / /,, f .,/ / c- -_ : = August 13, 2008 ENGINEER'S OPINION OF PROBABLE COST FOR SITE RECLAMATION OF DISTURBED GROUND Kuersten Property Garfield County, Colorado The following table is an engineer's opinion of probable costs for grading and revegetation of all disturbed area within the subject development land: Total disturbed area for site grading is approximately 7.1 acres. DESCRIPTION OF WORK ESTIMATE OF PROBABLE COST MOBILIZATION 4,500.00 OVER LOT GRADING 6,000.00 TOPSOIL PLACEMENT 55,000.00 SEEDING 17,500.00 EROSION PROTECTION, SILT FENCING 5,000.00 SUBTOTAL = 88,000.00 10% CONTIGENCY = 8,800.00 TOTAL COST = 96,800.00 This opinion of probable construction cost was prepared for budgeting purposes only. Sopris Engineering, LLC cannot be held responsible for variances from this estimate as actual costs may vary due to bid and market fluctuations. 502 Main Street • Suite A3 • Carbondale, CO 81623 • (970) 704-0311 • Fax (970) 704-0313 SOPRIS ENGINEERING • LLC civil consultants GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT AGREEMENT FOR PAYMENT FORM (Shall be submitted with application) GARFIELD COUNTY (hereinafter COUNTY) and Gould Construction (hereinafter APPLICANT) agree as follows: 1. APPLICANT has submitted to COUNTY an application for a Special Use Permit (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that Garfield County Resolution No. 98-09, as amended, establishes a fee schedule for each type of subdivision or and use review applications, and the guidelines for the administration of the fee structure. 3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full e tent of the costs involved in processing the application. APPLICANT agrees to make payment of tie Base Fee, established for the PROJECT, and to thereafter permit additional costs to be billed to APPLICANT. APPLICANT agrees to make additional payments upon notification by the COUNTY when they are necessary as costs are incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the {onsideration of an application or additional COUNTY staff time or expense not covered by the Base =ee. If actual recorded costs exceed the initial Base Fee, APPLICANT shall pay additional billings to ""COUNTY to reimburse the COUNTY for the processing of the PROJECT mentioned above. APPLICANT acknowledges that all billing shall be paid prior to tt-e final consideration by the COUNTY of any land use permit, zoning amendment, or subdivision pian. APPLICANT Signature: Mark Gould Date: ltd\Oj Mark Gould Print Name Mailing Address: Gould Construction P.O. Box 130 Glenwood Springs, CO 81602 GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT FEE SCHEDULE Garfield County, pursuant to Board of County Commissioners ("Board") Resolution No. 98-09, has established a fee structure ("Base Fee") for the processing of each type of subdivision and land use applications. The Base Fee is an estimate of the average number of hours of staff time devoted to an application, multiplied by an hourly rate for the personnel involved. The Board recognized that the subdivision and land use application processing time will vary and that an applicant should pay for the total cost of the review which may require additional billing. Hourly rates based on the hourly salary, and fringe benefits costs of the respective positions combined with an hourly overhead cost for the office will be used to establish the actual cost of County staff time devoted to the review of a particular project. Actual staff time spent will be charged against the Base Fey. After the Base Fee has been expended, the applicant will be billed based on actual staff hours accrued. Any billing shall be paid in full prior to final consideration of any land use permit, zoning amendment or subdivision plan. if an Rpplicant has previously failed to pay application fees as required, no new or additional applications iill be accepted for processing until the outstanding fees are paid. Checks, including the appropriate Base Fee set forth below, must be submitted with each land use application, and made payable to the Garfield County Treasurer. Applications will not be accepted without the required application fee. Base Fees are non-refundable in full, unless a written request for withdraw from the applicant is submitted prior the initial review of the application materials. Applications must include an Agreement for Payment Form ("Agreement") set forth below. The Agreement establishes the applicant as being responsible for payment of all costs associated with processing the application. The Agreement must be signed by the party responsible for payment and submitted with the application in order for it to be accepted. The complete fee schedule for subdivision and land use applications is attached. GARFIELD COUNTY BUILDING AND PLANNING BASE FEES fhe following Base Fees shall be received by the County at the time of submittal of any procedural " application to which such fees relate. Such Base Fees shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board for the consideration of any application or additional County staff time or expense not covered by the Base Fee, which have not otherwise been paid by the applicant to the County prior to final action upon the application tendered to the County. TYPE OF PROCEDURE Sketch Plan Preliminary Plan Final Plat Amended Plat Exemption from the Definition of Subdivision (SB -35) Land Use Permits (Special Use/Conditional Use Permits) • Administrative/no public hearing • Board Public Hearing only • Planning Commission and Board review & hearing Zoning Amendments • Zone District map amendment • Zone District text amendment • Zone District map & text amendment • PUD Zone District & Text Amendment • PUD Zone District Text Amendment Board of Adjustment • Variance • Interpretation Planning Staff Hourly Rate • Planning Director • Senior Planner • Planning Technician • Secretary County Surveyor Review Fee (includes review of Amended Plats, Final Plats, Exemption Plats) .v1ylar Recording Fee BASE FEE $325 $675 + application agency review fees and outside consultant review fees, as authorized pursuant to the Regulations, such as the Colorado Geologic Survey $200 $100 $300 $250 $400 $52 5 $450 $300 $500 $500 $500 $250 $250 $50.50 $40.50 $33.75 $30 $50 $11 -1St page $10 each additional page The following guidelines shall be used for the administration of the fee structure set forth above: 1. All applications shall be submitted with a signed Agreement for Payment form set forth below. 2. County staff shall keep accurate record of actual time required for the processing of each land use application, zoning amendment, or subdivision application. Any additional billing will occur commensurate with the additional costs incurred by the County as a result of having to take more time that that covered by the base fee. 3. Any billings shall be paid prior to final consideration of any land use permit, zoning amendment, or subdivision plan. All additional costs shall be paid to the execution of the written resolution confirming action on the application. 4. Final Plats, Amended or Corrected Plats, Exemption Plats or Permits will not be recorded or issued until all fees have been paid. 5. In the event that the Board determines that special expertise is needed to assist them in the review of a land use permit, zoning amendment, or subdivision application, such costs will be borne by the applicant and paid prior to the final consideration of the application. All additional costs shall be paid prior to the execution of the written resolution confirming action on the application. 6. If an application involves multiple reviews, the Applicant shall be charged the highest Base Fee listed above. 7. Types of "Procedures" not listed in the above chart will be charged at an hourly rate based on the pertinent planning staff rate listed above. 8. The Planning Director shall establish appropriate guidelines for the collection of Additional Billings as required. 9. This fee structure shall be revised annually as part of the County budget hearing process. CONSTRUCTION, INi April 8, 2008. Garfield County Building &.Planning 108 86 Street, STE 401 Glenwood Springs, CO 81601 RE:" Special Use Permit Application Kuersten Property, New Castle, CO To, Whom It May Concern: With this letter, I authorize Ron Liston,of the" planning_ firm Land Design Partnership, to act as a representative of Gould Construction, Inc. in regard to the above referenced land use process: Sincerely, Mark C. Gould President (970) 945-729 • Fax (970) 945-8371 P.O. Box 130 • Glenwood Springs, Colorado 81602 Pj" Land Title CLARANTEE CUMYANT Date: 07-31-2007 Property Address: Land Title Guarantee Company CUSTOMER DISTRIBUTION Our Order Number: GW63000133-2 If you have any inquiries or require further assistance, please contact one of the numbers below: For Title Assistance: Glenwood Springs 'GW" Unit 1317 GRAND AVE #200 GLENWOOD SPRINGS, CO 816 Phone: 970-945-2610 Fax: 970-945-4784 MASON AND MORSE REAL ESTATE *TMX* 1614 GRAND AVE #B GLENWOOD SPRINGS, CO 81601 Ann: NANCY CARLSON Phone: 970-928.9000 Fax: 970-928-0977 Copies: 1 EMai1: ncarlson@masonmorse,com Linked Commilmeni Delivery rigLand Title Guarantee Company Land Ttle GUARANTEE COMPANY Property Address: Buyer/Borrower: TBD S eller/Owner: ROBERT KUERSTEN AND KATHLEEN KUERSTEN Date: 07-31-2007 Our Order : Order Numter: GW63000103-2 Note: Once an original commitment has been issued, any subsequent modifications will be emphasized by underlining. *****x*****************4****************************************** Need a map or directions for your upcoming closing? Check out Land Title's web site at -Nww.ltgc.com for directions to any of our 54 office locations. ESTIMATE OF TITLE FEES ALTA Owners Policy 10-17-92 T,BD If Land Title Guarantee Company rill be closing this transaction, above fees will be cc2lected at that time. wom ODINILLT oc/ol TOTAL THANK YOU FOR YOUR ORDER! $0. 00 Old Republic National Title Insurance Company ALTA COMMITMENT Our Order No. GW63000103-2 Schedule A Cust. Ref.: Property Address: 1. Effective Date: lune 08. 2007 at 5:00 P.M. 3. Policy to be Issued, and Proposed Insured: "ALTA" Owner's Policy 10-17-92 Proposed Insured: TBD 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: A Fee Simple 4. Title to the estate or interest covered herein is at the effective date hereof vested in: ROBERT KUERSTEN AND KATHLEEN KUERSTEN 5. The land referred to in this Commitment is described as follows: SEE ATTACHED PAGE(S) FOR LEGAL DESCRIPTION Our Order No: GW63000103-2 LEGAL DESCRIPTION A PARCEL OR TRACT OF LAND SITUATED IN THE EAST 1/2 OF THE SE 1/4 OF SECTION 32, TOWNSHIP 5 SOUTH, RANGE 90 WEST OF THE 6TH PRICIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE EAST ONE-QUARTER CORNER OF SAID SECTION 32 WHICH BEARS N 7 DEGREES 42' 00" W A DISTANCE OF 2488.46 FEET FROM THE SE CORNER OF SAID SECTION 32; THENCE S 7 DEGREES 42' 00" E AND ALONG SAID EAST LINE A DISTANCE OF 429.10 FEET TO A POINT OF INTERSECTION WITH THE APPARENT NORTHERLY RIGHT-OF-WAY LINE OF AN EXISTING COUNTY ROAD AS CONSTRUCTED AND IN USE; THENCE S 68 DEGREES 28 00" W AND ALONG SAID APPARENT NORTHERLY RIGHT-OF-WAY LINE A DISTANCE OF 87.39 FEET TO A POINT OF CURVE; THENCE ALONG SAID APPARENT NORTHERLY RIGHT-OF-WAY LINE AND A CURVE TO THE RIGHT HAVING A RADIUS OF 873.77 FEET: A CENTRAL ANGLE OF 6 DEGREES 20' 00", AN ARC DISTANCE OF 96.58 FEET TO A POINT OF TANGENT; THENCE S 74 DEGREES 98' 00" W AND ALONG SAID APPARENT NORTHERLY RIGHT-OF-WAY LINE A DISTANCE OF 68.00 FEET TO A POINT OF CURVE; THENCE ALONG SAID APPARENT NORTHERLY RIGHT-OF-WAY LINE AND A CURVE TO THE LEFT HAVING A RADIUS OF 265.23 FEET, A CENTRAL ANGLE OF 29 DEGREES 00' 00", AN ARC DISTANCE OF 111.10 FEET TO A POINT OF TANGENT; THENCE S 50 DEGREES 98' 00' W AND ALONG SAID APPARENT NORTHERLY RIGHT-OF-WAY LINE A DISTANCE OF 160.00 FEET TO A POINT OF CURVE; THENCE ALONG SAID APPARENT NORTHERLY RIGHT-OF-WAY LINE AND A CURVE TO THE RIGHT HAVING A RADIUS OF 2515.17 FEET, A CENTRAL ANGLE OF 4 DEGREES 30' 00", AN ARC DISTANCE OF 197.54 FEET TO A POINT OF TANGENT; THENCE S 55 DEGREES 18' 00" W AND ALONG SAID APPARENT NORTHERLY RIGHT-OF-WAY LINE A DISTANCE OF 712.94 FEET TO A POINT OF INTERSECTION WITH THE WEST LINE OF THE EAST 1/2 OF THE SE 119 OF SAID SECTION 32; THENCE N 5 DEGREES 22' 05" W AND ALONG SAID WEST LINE E 1/2 SE 1/9 A DISTANCE OF 1185.37 FEET TO THE NW CORNER E 1/2 SE1/4 SAID SECTION 32; THENCE N 89 DEGREES 55' 54" E AND ALONG THE NORTH LINE OF THE SE 119 OF SAID SECTION 32 A DISTANCE OF I257.98 FEET TO THE POINT OF BEGINNING. COUNTY OF GARFIELD STATE OF COLORADO ALTA COMMITMENT Schedule B-1 (Requirements) The following are the requirements to be complied with: Our Order No. GW63000103-2 Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to -wit: NOTE: ADDITIONAL REQUIREMENTS OR EXCEPTIONS MAY BE NECESSARY WHEN THE BUYERS NAMES ARE ADDED TO THIS COMMITMENT. COVERAGES AND/OR CHARGES REFLECTED HEREIN, IF ANY, ARE SUPJECT TO CHANGE UPON RECEIPT OF THE CONTRACT TO BUY AND SELL REAL ESTATE AND ANY AMENDMENTS THERETO. ALTA COMMITMENT Schedule B-2 (Exceptions) Our Order No. GW63000103-2 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent 10 the effective date hereof hut prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. Taxes and assessments not yet due or payable and special assessments not yet certified to the Treasurer's office. 7. Any unpaid taxes or assessments against said land. 8. Liens for unpaid water and sewer charges, if any. 9. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED AUGUST 14, 1899, IN BOOK 12 AT PAGE 521. 10. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED AUGUST 15, 1899, IN BOOK 12 AT PAGE 521. 11. EASEMENTS AND RIGHTS OF WAY FOR ROADS, STREETS, HIGHWAYS, DITCHES, CANALS, PIPELINES AND UTILITY LINES AS CONSTRUCTED AND IN PLACE. NOTE: UPON RECEIPT OF A SURVEY, MEETING THE ALTA MINIMUM STANDARDS FOR CONTENT AND ACCURACY, THE EXCEPTION SHOWN ABOVE WILL BE DELETED. PROVIDED HOWEVER, THAT LAND TITLE GUARANTEE COMPANY RESERVES THE RIGHT TO ADD ANY EXCEPTIONS IT DEEMS NECESSARY FOR MATTERS DISCLOSED BY SAID SURVEY. 12. TERMS, CONDITIONS AND PROVISIONS OF EASEMENT RECORDED APRIL 02, 1971 IN BOOK 4I8 AT PAGE 171. ALTA COMMITMENT Schedule B-2 (Exceptions) Our Order No. GW63000103-2 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 13. OIL AND GAS LEASE BETWEEN LEON F. SENOR AND KATHRYN L. SENOR AND THE LOUISIANA LAND EXPLORATION COMPANY RECORDED MARCH 17, 1988 IN BOOK 730 AT PAGE 632 14. TERMS, CONDITIONS AND PROVISIONS OF IRRIGATION EASEMENT RELOCATION AGREEMENT RECORDED JUNE 27, 2005 IN BOOK I700 AT PAGE 367. 15. ANY BOUNDARY DISCREPANCY DUE TO THE LOCATION OF FENCE LINES AND THE EFFECT OF ANY RIGHT, TITLE OR INTEREST THAT MAY BE CLAIMED DUE TO ANY SAID DISCREPANCY. LAND TITLE GUARANTEE COMPANY and LAND TITLE GUARANTEE COMPANY - GRAND JUNCTION DISCLOSURE STATEMENTS Note: Pursuant to CRS 10-11-122, notice is hereby given that: A) The subject real property may be located in a special taxing district. 13) A Certificate of Taxes Due listing each taxing jurisdiction may be obtained from the County Treasurer's authorized agent. C) The information regarding special districts and the boundaries of succi districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. Note: Effective September I, 1997, CRS 30-10-406 requires that all documents received for recording or filing in the clerk and recorder's office shalt contain a top margin of at least one inch and a left, right and bottom margin of at least one half of an inch. The clerk and recorder may refuse to record or file any document that does not conform, except that, the requirement for the top margin shall not apply to documents using forms on which space is provided for recording or filing information at the top margin of the document. Note: Colorado Division of Insurance Regulations 3-5-1, Paragraph C of Article VII requires that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed". Provided that Land Title Guarantee Company conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lenders Policy when issued. Note: Affirmative mechanic's lien protection for the Owner may be available (typically by deletion of Exception no. 4 of Schedule 13, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following conditions: A) The land described in Schedule A of this commitment must be a single family residence which includes a condominium or townhouse unit. 13) No labor or materials have been furnished by mechanics or material -men for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C) The Company must receive an appropriate affidavit indemnifying the Company against un -filed mechanic's and material -men's liens. D) The Company must receive payment of the appropriate premium. E) If there has been construction, improvements or major repairs undertaken on the property to be purchased within six months prior to the Dale of the Commitment, the requirements to obtain coverage for unrecorded liens will include; disclosure of certain construction information; financial information as to the seller, the builder and or the contractor; payment of the appropriate premium fully executed Indemnity Agreements satisfactory to the company, and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. Note: Pursuant to CRS 10-11-123, notice is hereby given: This notice applies to owner's policy commitments containing a mineral severance instrument exception, or exceptions, in Schedule B, Section 2. A) That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and B) That such mineral estate may include the right to enter and use the property without the surface owner's permission. Nothing herein contained will be deemed to obligate the company to provide any of the coverages referred to herein unless the above conditions are fully satisfied. Form DISCLOSURE 09/01/02 JOINT NOTICE OF PRIVACY POLICY OF LAND TITLE GUARANTEE COMPANY, LAND TITLE GUARANTEE COMPANY - GRAND JUNCTION, LAND TITLE INSURANCE CORPORATION AND OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY This Statement is provided to you as a customer of Land Title Guarantee Company and Meridian Land Titlf, LLC, as agents for Land Title Insurance Corporation and Old Republic National Title Insurance Company. We want you to know that we recognize and respect your privacy expectations and the requirements of federal and state privacy laws. Information security is one of our highest priorities. We recognize that maintaining our trust and confidence is the bedrock of our business. We maintain and regularly review internal and external safeguards against unauthorized access to non-public personal information ("Personal Information"). In the course of our business, we may collect Personal Information about you from: * applications or other forms we receive from you, including communications sent through TMX, our web -based transaction management system; * your transactions with, or from the services being performed by, us, our affiliates, or others; * a consumer reporting agency, if such information is provided to us in connection with your transaction; and * the public records maintained by governmental entities that we either obtain directly from those entities or from our affiliates and non -affiliates. Our policies regarding the protection of the confidentiality and security of your Personal Information are as follows: * We restrict access to all Personal Information about you to those employees who need to know that information in order to provide products and services to you. * We maintain physical, electronic and procedural safeguards that comply with federal standards to protect your Personal Information from unauthorized access or intrusion. * Employees who violate our strict policies and procedures regarding privacy are subject to disciplinary action. * We regularly access security standards and procedures to protect against unauthorized access to Personal Information. WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT PERMITTED BY LAW. Consistent with applicable privacy laws, there are some situations in which Personal Information may be disclosed. We may disclose your Personal Information when you direct or give us permission; when we are required by Iaw to do so, for example, if we are served a subpoena; or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement, transaction or relationship with you. Our policy regarding dispute resolution is as follows. Any controversy or claim arising out of or relating to our privacy policy, or the breach thereof, shall be settled by arbitration in accordance with the rules of the Amertan Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any coirt having jurisdiction thereof. Form PRIV.POL.ORT Commitment to Insure ALTA Commiunent .1970 Rev. OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, a Minnesota corporation, herein called the Company, for a valuable consideration, hereby commits to issue its policy or policies cf title insurance, as identified in Schedule A, in favor 41( of the proposed trimmed named in Schedule A, as owner or mortgageewf the estate or interest covered hereby in the land 41( described or referr;d to in Schedule A, upon payment of the premium and charges therefor; all subject to the provisions of Schedule A and B and to the Conditions and Stipulations hereof. .• This Commitment shall be effective only when the indentity of the prposed Insured and the amount of the policy or polities committed for have been inserted in Schedule A hereof by the -Company, either at the time of the issuance of this Commitment or by subsequent endorsement. This Commitment is preliminary to the issuance of such policy or polices of tiUe insurance and all liability and obligations hereunder shall cease and terminate six months after the effective date hereof or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy orpohdes is not the faun of the Company. CONDITIONS AND STIPULATIONS 1. The term "mortgage", when used herein, shalt include deed of trust, trust deed, x other security instrument. 2. If the proposed L'sured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Corvnitment other than those shown in Schedule B he-eof, and shall fail to disclose such knowledge to the Comparry in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure of the proposed Insured to so disclose such knowledge, If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend ScILdute B of tiis Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liabliity of the company under this Commitment shall be only to the 'anted proptsed Insured and such parties included under the definition of Insured in the form of policy Of policies committed for and only for actual Joss incurred in reliance hereon ih andstaking in good faith (a) to comply with the requirements hereof or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and steh liability is subject to the insuring provisions and the Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed, for in Tam of the proposed Insured which are hereby incorporated by reference and made a part of this Commitment except as expressly modified herein. 4. Any action or actions or rights of action the proposed Insured fray have or arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment mist be basedM1 againstay bring n and are subject towthe Company provisions of this Commitment. STANDARD EXCEPTIONS In addition to the matters contained it the Conditions and Stipulations aid Exclusiors from Coverage above referred to, this Commitment is also subject to the following: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or clains of easements, not shown by the pubic records. 3. Discrepancies, conflicts in boundary lines, shortage it area, encroachments, and al facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records, and not shown by the public records. 4. My lien, or right to a lien, for services, labor or material theretofore u hereafter Lmished, imposed by law or attaching subsequent to the effective date hereof but prior toeth Defects, liens, the proposeda nsured acquires oclaims record fa vvalue the estate or interest or mortgage thereon covesed by tters, if ary, created, Bra appearing in the public records this Comrrdtment. IN WITNESS WHEREOF, Old Republic National Idle Insurance Company as caused rs corporate name and seal to be hereunto affixed by its duly authorized officers on the date shown in Schedule A, to be valid when countersigned by a validating cheer or otter authorized signatory. OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY , Authorized Signature CC.ORT A Stock Company ,ap, TTL. 400 Second Avenue South •:' `pZ' il, * * 4.C.r Minneapolis, Minnesota 55401 = * * i (612) 371-1111 7- : i2# 1 m ..'� * t, * *;r F 2123-324-00-021 } 4 ID 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 PARCEL# 212332406006 212332406011 212332406005 212332406010 212332406004 212332406009 212332406003 212332406008 212332406002 212332406007 212332406001- 212332403006 212332403005 212332403017 212332400027 212332400028 212332403004 212332400029 212332403003 212332416012 212332416006 212332416011 212332416005 212332416004 212332416010 212332416003 212332416009 212332416008 212332416002 212332416007 212332416001 212332462012 212332462006 212332462011 212332462005 212332462004 212332462010 212332462003 212332462009 212332403013 212332462008 212332462002 212332462001 212332462007 212333300087 212333400079 212332115029 212332115028 212332115027 212332115026 212332115025 NAME MACKAY, SANDRA L RAMSEY, BRYAN J & CARLA 27171.02 - KUERSTEN PROPERTY LIST OF ADJOINERS WITHIN 200' ADDRESS 792 CASTLE VALLEY BLVD UNIT F BRENDLINGER, ERIC S. & PATRICIA P MCCOLLUM, MICHAEL D ROBERTS, CHARLES A INGRAM, CARL JAWORSKI, ANTOINETTE R FRIEND, DUSTIN KOKISH, RONALD & DELSON, NIKI CARMITCHEL, KIMBERLY ROBERTS, CHARLES A 2501 CISAR CT #1E BURNING MOUNTAIN ASSOCIATES LLLP BURNING MOUNTAIN ASSOCIATES LLLP BURNING MOUNTAIN ASSOCIATES LLLP SENOR, JERRY R. D. & JUDITH R. SENOR, JERRY R. D. & JUDITH R. BURNING MOUNTAIN ASSOCIATES LLLP SCHULTZ, LINDA M. TOWN OF NEW CASTLE CARDENAS, RHETT M EHNES, STEVEN M 2023 GRACELAND DRIVE PO BOX 3549 7 ARBOR GLEN COURT 792 CASTLE VALLEY BLVD UNIT I 792 CASTLE VALLEY BLVD UNIT C 792 CASTLE VALLEY BLVD APT H 450 MOSIER COURT 792 CASTLE VALLEY BLVD UNIT G 7 ARBOR GLEN COURT PO DRAWER 790 PO DRAWER 790 PO DRAWER 790 PO BOX 397 PO BOX 397 PO DRAWER 790 0492 COUNTY ROAD 240 PO BOX 166 HENRICHON, CHRISTIAN E & KARLA 1 POPISH, ANTHONY W & SALLY D DORAIS, G SCOTT 794 CASTLE VALLEY BLVD UINT L 1802 HIGHWAY 133 301 PITKIN IRON ROAD 144 ELK RANGE DR FARRELL, JOSEPH W III & MARY LOU HARRELSON, TERI MCCOLLUM, MICHAEL D & JOHNSON, SHAEL KRUGER, KELLI E PO BOX 588 PO BOX 5606 794 CASTLE VALLEY BLVD UNIT C PO BOX 3549 DALY, MICHAEL L & JENNIFER P DALY, MICHAEL L & JENNIFER P LOPEZ, MIGUEL SELWAY LLLP 794 CASTLE VALLER BLVD UNIT H 119 MONARCH RD 119 MONARCH RD 794 CASTLE VALLEY BLVD UNIT A MCGOWAN, MAXINE CHARLIES BELLE LLC GALLUCCIO, VINCENT 53 CHERRY LANE 803 KESTRAL COURT PO BOX 1433 PO BOX 8065 PATTEN, DAVID N GREENE, ANTHONY FRANK & STACEY LYNN FLAMAND, DOROTHY GREENE, PATSY 810 MIDLAND PARK PLACE 705 CASTLE CREEK DRIVE TOWN OF NEW CASTLE EASTOP, MICHAEL L & PAMELA F CALABRO, PATRICIA A MAULDIN, STEVE & JANET MCGOWAN, MAXINE SCARROW, ROBERT D & RUTH A MCKENNIS, GREG HARPER, NEAL & KAROLYN HINKLE, CAROL L REVOCABLE TRUST UNDERWOOD, TOM & MELANIE K STEEL, TODD J & BRIDGET 790 CASTLE VALLEY BLVD UNIT C 601 MULBERRY PLACE UNIT 4E PO BOX 166 3556 WEST 101ST PLACE 790 CASTLE VALLEY BLVD UNIT B 34 CARDINAL LANE 803 KESTREL COURT P O BOX 560 1270 COUNTY ROAD 240 381 FAAS RANCH RD 379 FMS RANCH ROAD 375 FMS RANCH ROAD GRILLER, KELLY J & CHAD F 371 FMS RANCH RD 369 FMS RANCH ROAD CI NE GL CA AS TA NE N E NE TR NE TA GL GL GL NE NE GL GL N E NE CA AS CA AS SN NE AS NE GL GL NE BA BA GL AS AS AS NE HIG N E WE NE GLE BAS N E GLE NE NE NE N E NE TY STATE ZIPCODE PARCEL# BOOK PAGE -,RECEPTION# CASTLE CO 81647 212332406006 1565 118 647472 ENWOOD SPRINGS CO 81601 212332406011 1460 601 625606 RBONDALE CO 81623-2839 212332406005 1574 303 649473 PEN CO 81612 212332406010 1710 491 678977 YLORS SC 29867-2671 212332406004 1607 900 656672 W CASTLE CO 81647 212332406009 _1761 38 689795 W CASTLE CO 81647 212332406003 1404 683 614256 W CASTLE CO 81647-9422 212332406008 1630 589 661595 INIDAD CA 95570 212332406002 1867 0835 711973 W CASTLE CO 81647 212332406007 1582 316 651098 YLORS SC 29867-2671 212332406001 1607 900 656672 ENWOOD SPGS_ CO 81602 212332403006 1108 0224 ENWOOD SPGS CO 81602 212332403005 1746 962 686735 ENWOOD SPGS CO 81602 212332403017 1108 0224- W CASTLE CO 81647-0397 212332400027 1746 960 —686734 W CASTLE CO 81647-0397 212332400028 1700 367 676924 ENWOOD SPGS CO 81602 212332403004 739568 ENWOOD SPRINGS CO 81601 212332400029 1953 601 728865 W CASTLE CO 81647-0166 212332403003 W CASTLE CO 81647 212332416012 1893 0692 716994 RBONDALE CO 81623 212332416006 735983 PEN CO 81611 212332416011 1720 461 681032 RBONDALE C0 81623 212332416005 1703 650 677499 PEN CO 81612-0588 212332416004 1685 225 673626 DIA/MASS VILLAGE CO 81615 212332416010 736151 W CASTLE CO 81647 212332416003 1668 222 669777 PEN CO 81612 212332416009 1712 167 679232 W CASTLE CO 81647 212332416008 1722 578 681409 ENWOOD SPRINGS CO 81601 212332416002 1696 287 676089 ENWOOD SPRINGS CO 81601 212332416007 1696 316 676091 V CASTLE CO 81647 212332416001 1675 639 671550 SALT CO 81621 212332462012 1878 0810 714256 ;ALT CO 81621 212332462006 1878 0347 714147 ENWOOD SPRINGS CO 81602 212332462011 1876 0996 713726 PEN CO 81612 212332462005 1926 0813 723341 PEN CO 81611 212332462004 1868 0631 712136 PEN CO 81611 212332462010 1871 0668 712701 W CASTLE CO 81647 212332462003 1867 0603 711942 HLAND PARK IL 60035 212332462009 1871 0665 712700 W CASTLE CO 81647-0166 212332403013 1205 924 568973 3TMINSTER CO 80031 212332462008 1898 0986 718205 W CASTLE CO 81647 212332462002 1867 0698 711956 NWOOD SPRINGS CO 81601 212332462001 1867 0624 711948 _ ALT C0_ 81621 212332462007 ^1880 0484 714524 W CASTLE CO 81647 212333300087 1629 655 661416 NWOOD SPGS CO 81601-9776 212333400079 W CASTLE CO 81647 212332115029 1800 959 698030 W CASTLE CO 81647 2123321150281814 349 700884 W CASTLE CO 81647 212332115027 1597 84 654246 _ W CASTLE CO 81647 212332115026 1853 0814 709087 W CASTLE CO 81647 212332115025 1841 0103 706470 Page 1 Page 1 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 212332115030 212332115024 212332115031 212332115023 212332115032 212332115022 212332115021 212332115020 212332115033 212332115019 212332114019 212332114022 212332114023 212332114020 212332114024 212332114021 212332100189 212332403002 212332100188 212329400156 212332406012 212332403016 212332403018 REED FAMILY TRUST PICORE, MICHAEL & BRADFORD, KRISTI POPE, SCOTT & SHARON BINTLIFF, MARK A & TASHA L MYKITTA, RICHARD S & LESLIE R FRITZ, DANIEL E & MALABY, LINDA R L ESTRANGE, BLEU & LINDA CANNELLA, JOHN F 383 FAAS RANCH RD 367 FMS RANCH ROAD 387 FMS RANCH RD 213 SAFFLOWER COURT 391 FAAS RANCH RD 363 FMS RANCH RD 361 FMS RANCH ROAD 1505 MT SOPRIS DRIVE 1575 BALSAM CT 357 FMS RANCH RD 318. BUCKTHORN ROAD 8435 SW 52ND AVE 382 FAAS RANCH RD 4100 COUNTY ROAD 103 PO BOX 1102 1686 COUNTY RD 132 217 SPIRIT WAY 334 W HYMAN 1000 CLUBHOUSE DRIVE PO BOX 489 792 CASTLE VALLEY BLVD APT L PO DRAWER 790 PO DRAWER 790 27171.02 - KUERSTEN PROPERTY LIST OF ADJOINERS WITHIN 200' CARNAHAN, DUSTIN & CHARITY LARSON, DOUGLAS JON & DOROTHY ANN KERANEN, JOHN & ELIZABETH M (JT) FLENTGE, DOUGLAS A & JENNIFER B WELBORN, MICHAEL R & DEBRA L ANDERSON, COLIN M & KATHERINE W ROGGIE, KARL E & AMY L RACHESKY, STANLEY & CAROLE LAKOTA CANYON RANCH DEVELOPMENT, LLC CIC BEHRENDT FAMILY , LLC 50% RICHMOND, RONAL[ LAKOTA CANYON GOLF COMPANY, LLC FAAS RANCH LLLP MARTINEZ, DAMAN BURNING MOUNTAIN BOWL, LLC LOT C9 PROPERTY OWNERS ASSOCIATION NEW CASTLE CO 81647-8420 212332115030 1690 274 674855 NEW CASTLE CO 81647 212332115024 1768 403 691449 NEW CASTLE CO 81647 212332115031 1665 709 669252 NEW CASTLE CO 81647 212332115023 1863 0340 711091 NEW CASTLE CO 81647 212332115032 1759 474 689496 CASTLE CO 81647 212332115022 _NEW 1732 493 683572 NEW CASTLE CO 81647 212332115021 737560 GLENWOOD SPRINGS CO 81601. 212332115020 1778 887 693745 CO 81650 212332115033 _RIFLE 1572 94 649017 NEW CASTLE CO 81647 212332115019 1682 443 673013 CASTLE CO 81647 212332114019 _NEW 1943 561 726835 PORTLAND OR 97219 212332114022 1517 341 636219 NEW CASTLE CO 81647-8420 212332114023 1761 361 689886 CARBONDALE CO 81623 212332114020 1892 0928 716893 GLENWOOD SPRINGS CO 81602-1102 212332114024 1523 924 637590 GLENWOOD SPRINGS CO 81601-5514 212332114021 1527 222638226 NEW CASTLE CO 81647 212332100189 1496 350 632375 Asp ne CO 81611 NEW CASTLE CO 81647 212332100188 1494 608 632114 GLENWOOD SPGS CO 81602-0489 212329400156 1629 655 661416 NEW CASTLE 00 81647 212332406012 1713 440 679443 GLENWOOD SPGS CO 81602 212332403016 745104 GLENWOOD SPGS CO 81602 212332403018 1719 577 680776 MINERAL RIGHTS STATEMENT: The mineral rights owners are Leon F. Senor & Kathryn L. Senor or their heirs and assigns. Robert Kuersten and Kathleen Kuersten P.O. Box 670295 Chugiak, AK 99567 1,1" 1 -Ind Title NTEE COMPANY 1317 Grand Avenue Glenwood Springs, CO 81601 970-945-2610 Fax 970-945-4784 August 13, 2008 To whom it may concern: I have reviewed the real property records in Garfield County for the property located on County Road 240, New Castle as schedule no. R013134. The records show that the property was sold historically with all interests intact. I did not find any instances where any interests had been severed from the chain of title. The property is subject, however, to other easements and oil and gas leases that are of record. Please note that this is only a real property records search for Garfield County in the office of the Clerk and Recorder and does not extend beyond those recorded documents. Sincerely, Arne Simonsen Title Manager Land Title Guarantee Company ADDENDUM TO APPLICATION FOR WATER SUPPLY CONTRACT OF GOULD COUNSTRUCTION, INC, July 8, 2008 The Applicant requires approximately 22,000 gallons of water per day for dust suppression and related construction activities on a site located just east of the Town of New Castle on County Road 240, Garfield County, commonly referred to as the "Kuersten Property." Construction activities and the related water demands will commence in August of 2008 and extend for approximately nine months thereafter. Water released pursuant to the requested water supply contract will be pumped by Applicant directly from the Colorado River into Applicant's water trucks at the Town of New Castle boat ramp. Applicant has received confirmation from the Town of New Castle that it may use the boat ramp for this purpose. The trucks will deliver and apply the water to the project site. The total quantity of water requested includes an additional 10 per cent over and above the Applicant's projected demands to compensate for transit losses. STEVEN M. DEATTIE GLENN D. CHADVYICK JEFFERSON V. HOUPT JULIE S. HANSQN JAMIE J. ROTH BEATTIE, CHADWICK & HOUPT, LLP ATTORNEYS AND COUNSELORS AT LAW 932 COOPER AVENUE GLENWOOD SPRINGS, CO 81601 July 8, 2008 Kathy Pastly Garfield County Building & Planning Dept. 108 Eighth Street, Suite 401 Glenwood Springs, CO 81601 Re: Special Use Permit Application — Kuersten Property Dear Kathy: TELEPHONE (970) 945 8659 FAx (970) 945.8671 J H OUPT@BEATTI ECHA D W IC K.COM This letter is. provided in support of the Application for Special Use Permit for the Extraction, Processing, Storage and Material IIandling of a Natural Resource Iocated.on. County Road 240 (known as the Kuersten Property), and is intended to do demonstrate the availability of a legal and physical water supply of raw water for dust; suppression and relatedconstruction needs for the referenced project. The Applicant has determined that it will need 22,000 gallons of Water per day for dust suppression and related construction activities on the subject site, begiiining in August of 2008 and extending for approximately nine months thereafter, Water in such quantities is available by short tech contract from the Colorado River Water Conservation District ("River District "). The Applicant has made application to the River' District for a total of 18.2 acre feet, to be released from Wolford Mountain Reservoir and/or Ruedi Reservoir and delivered into the Colorado River at points upstream of Glenwood Springs. A copy of the application for water service contract is enclosed. It is anticipated that the water service contract will he issued prior to August 1st,. 2008. The Applicant will pick up the released water in trucks that will pump the water directly from the Colorado River at the public boat ramp in New Castle. Applicant has received confirmation from the Town of New Castle that it may use the boat ramp for this purpose The trucks will deliver and apply the water to the project site. Please do not hesitate to call me with any questions or concerns: JVHImh Yor[do ne-liastly-ltr-r.doc FN 1 APPLICATION FOR WATER SUPPLY CONTRACT COLORADO RIVER WATER PROJECTS ENTERPRISE OF THE COLORADO RIVER WATER CONSERVATION DISTRICT P.O. BOX 1120 GLENWOOD SPRINGS, COLORADO 81602 PHONE (970) 945-8522 FAX (970) 945-8799 APPLICANT: (The actual name, title & address of authorized person executing Water Supply Contract, not that of counsel, etc): NAME: Mark C. Gould TITLE: Attorney COMPANY: Gould Construction, Inc. STREET: 6874 Highway 82 CITY/STATE/ ZIP CODE: Glenwood Springs, CO 81601 PHONE: FAX: E-mail: (970) 945-7291 AGENT (If any—water consultant/engineer, attorney, etc.): NAME: Jefferson V. Houpi TITLE: Attorney COMPANY: Beattie, Chadwick & Houpt, LLP STREET: 932 Cooper Avenue CITY/STATE/ ZIP CODE: Glenwood Springs, CO 81601 PHONE; FAX: E-mail: 970-945-8659 970-945-8671 jhoupt@beattiechadwick.com POINT OF DELIVERY (PROV Dl= ALL INFORMATION APPLICABLE): NAME OF STRUCTURE: Colorado River at Town of New Castle Boat Ramp COUNTY LOCATION: Garfield GENERAL VICINITY OF DIVERSIONS AND BENEFICIAL USE: Construction water for project near New Castle PRIORITY DATE: n!a AMOUNT: 18.2 acre feet annually STREAM: Colorado River SURFACE DIVERSIONS (if applicable): TRIBUTARY TO: GROUNDWATER DIVERSIONS (if applicable): FOR USE BY (Check one): DIRECT DELIVERY: X EXCHANGE: AUGMENTATION: WILL THE WATER BE USED IN AN AUGMENTATION PLAN? Y: 1 N: X IF YES, IS THE AUGMENTATION PLAN (Check one): DECREED (Attach Copy of Decree) PENDING (Attach copy of Water Court application)* 1 FUTURE FILING** ARE THERE RETURN FLOWS ASSOCIATED WITH THIS DEMAND? Y: N: X ATTACH A DETAILED DESCRIPTION OF THE PROPOSED USE OF THIS WATER CONTRACT WATER REQUESTED (See Water Marketing Policy for Pricing) (Mark all that apply) Conventional Full Term : (40 +35 year renewal) A.F. Short -Term (1 - 5; list # of years): 2.02 Municipal/Industrial (M&I):1 JULY: Agricultural:l A.F. Blue River Water: 2,02 Colorado River Water above the Roaring Fork Confluence: AUGUST: Colorado River Water below the Roaring Fork Confluence: X Eagle River Water: 2.02 Amount Requested and Delivery Schedule: (Must be rounded off in 1/10th a.f. units) TOTAL AMOUNT REQUESTED: 18.2 A.F. JANUARY: 2.02 A.F. JULY: A.F. FEBRUARY: 2,02 A.F. AUGUST: 2.02 A.F. MARCH: 2.02 A.F. SEPTEMBER: 2.02 A.F. APRIL: 2.02 A.F. OCTOBER: 2.02 A.F. MAY; A.F. NOVEMBER: 2.02 A.F. JUNE: A.F. DECEMBER 2.02 A.F. 1' Municipal and Industrial" means the use of water by individuals, cities, towns, public or quasi -public districts, private corporations, homeowners associations, or other entities for domestic, municipal, and miscellaneous related purposes as (hose terms are traditionally and commonly construed, including the use of water for purposes of producing or processing a non-agricultural product or service for sale, including without limitations, such uses as manufacturing, mining, milling, land reclamation, golf course irrigation, snowmaking, and non -hydroelectric power generation; (For Colorado River supplies only; and including the use of water for environmental mitigation purposes associated with such uses;) but excepting the agricultural use of water defined herein. 2"Agricultural° means the use of water for commercial production of agricultural crops and livestock and other uses consistent with any right decreed for irrigation purposes, which uses are made on a parcel of land of at least ten acres. COMMENCEMENT DATE OF DELIVERY (Check one): Current Project Year (July 2007 -June 2008) (Payment due upon execution of contract) Month: X Next Project Year (July 2008 -June 2009) (Deferral Payment due upon execution of contract; Annual Payment due on or before April 1, 2008) Month: August 1, 2008 AMOUNT REMITTED: (See Water Marketing Policy for Pricing) Application Fee $400.00 Other Fees (e.g. deferral, amendment, assignment): 0.00 Total; $400.00 The District may require further information to be submitted to process this application, If the use of this water is determined by an applicable Federal agency to require site-specific compliance with the National Environmental Policy Act (NEPA), that compliance will be the responsibility of the Applicant. Applicant is responsible for consulting with the Army Corp of Engineers regarding the need to comply with Section 404 of the Clean Water Act as the result of the construction of any facilities necessary to use the contract water. Any assignment and/or amendment must be In compliance with the River District's Water Marketing Policy. The Applicant hereby acknowledges receipt of the Water Marketing Policy of the Colorado River Water Conservation District's Colorado River Water Projects Enterprise, dated April 17, 2007 (Policy). *Pursuant to the Policy, the Enterprise will oppose Water Court applications that propose use of the Enterprise's water supplies without the existence of a current Water Supply Contract or are otherwise at variance with the Policy. If the Applicant has filed a Water Court application without having executed a Water Supply Contract and the Enterprise has opposed that application, the Water Supply Contract application fee is $800.00 "Applicants are advised to identify Wolford Mountain Reservoir and Rued Reservoir in all applications and/or decrees relying on the Enterprise's Colorado River Supply or Eagle River Supply. SIGNED: TITLE: DATE: APPLICANT: ASPEN OFFICE 601 East Hyman Avenue Aspen, Colorado .8161 1 Telephone (970) 925-1936 Facsimile (970) 925-30011 GLENWOOD SPRINGS OFFICE The Denver Centre 420 Seventh Street, Suite 100 Glenwood Springs. Colorado 81601 Telephone (970) 947-1936 Facsimile (9701947-1937 GARFIELD &HECHT, P.C. Steve Beattie Beattie, Chadwick & Houpt, LLP. 923 Cooper Ave. Glenwood Springs, CO 81601 ATTORNEYS AT LAW Since 1975 www.ganceldhechLcom August 6, 2008 Re: Use of Town of New Castle Boat Ramp Dear Mr. Beattie: AVON OFFICE 0070 Benchmark Road Post Office Box 5450 Avun, Colorado 81620 lelephune ( 970) 949-0707 Facsimile (970) 949-18141 BASALT OFFICE River View P1a4a 100 Elk Rut Drive, Suite 220 I3asalt. Colorado 81621 Telephone (970) 927-1936 Facsimile (970) 927-1939 David H.:r«Cotniugr{y Glenwood Springs Office Enauil: rl►ricconakeh elzarfieldhecht.co►n This letter is in response to your request on behalf of Mark Gould concerning the use of the Town of New Castle boat ramp to acquire bulk water for dust suppression. The Town's current boat ramp is located within a Town park. It is therefore governed by § 12.20.100 of the New Castle Town Code, which requires the issuance of a permit for any commercial activity located in a park. Currently, the Town's position is that the use of the ramp to fill a truck with raw water is not a "commercial" activity within the meaning of the code. Therefore, since the ramp is open to the public, Mr. Gould's contractor may use the ramp to obtain bulk water. This letter should not be construed to be a guarantee that the ramp will remain open in perpetuity for this purpose. The Town reserves the right to regulate its parks and open space pursuant to its Iawful police powers. If you have any questions, please contact me. Very truly yours, 311348-1 AUG 1 1 2008 ..... ....................... ® Printed on recycled paper 1. Permit Owner : 2. Address: 3. City: Carbondale 81623 New Castle 81647 Parachute 8 163 5 4. Phone No: Driveway Permit Check Off Form 1 Glenwood Springs 81601 Silt 81652 Other Fax No: 5. County Rd. No: 6. Nearest Intersection or address: 7. Distance from Int. or address: 8. Direction from Int. or address: N Rifle 81650 1 9. Side of road: N 10. Width of driveway: 30 -foot Other: 11. Culvert required: Yes 12. Size of culvert required: 12 -inch Other: 13. Length of culvert required: 30 -foot 14. Asphalt or concrete pad required: 1 1 E E 40 -foot sn w srl 100 -foot l [1 15. Size of pad: No 15 -inch I , 18 -inch 1 40 -foot notheiin Yes n No 30 -foot wide X 10 -foot long X 4 inches thick: Yes 40 -foot wide X 10 -foot long X 4 -inches thick: Yes 100 -foot wide X 20 -foot long X 4 -inches thick: Yes Other: 1 1 16. Grave! portion required: 17. Length of gravel portion: 40 -foot 18. Trees or brush removed for visibility: Ycs 50 -foot Yes fl 19. Distance and direction from driveway to be removed: No 100 -foot No 20. Driveway must be no more than 3 % slope away from County road. 21. Drive must be constructed so no drainage accesses County road from driveway. 22. Certified traffic control required: Yes 23. Work zone signage only required: Yes 24. Stop sign required at entrance to County Rd. Yes fl No No No f 25. Inspection of driveway will required upon completion and must be approved by person issuing permit or representative of person issuing permit. 26. Person Requesting Permit: 27. Person issuing permit: 28. District permit issued in: 29. Date checklist completed: I 2 3 GOULD CONSTRUCTION, INC. August 8, 2008 Dear Kathy Eastley, Mark Gould has had a person to person conversation with Marvin Stephens regarding the proposed right a way grading adjacent to the Kuersten property. He agreed that the proposed grading would be a benefit to the County by reducing the maintenance required to remove falling rocks on to the shoulder of Bruce Road (County Rd. 240). Mark Gould (970) 945-7291 • Fax (970) 945-8371 P.O. Box 130 • Glenwood Springs, Colorado 81602 Jun. 22. 2007 8'34AV Stover, LeMoine and Clifton, P. C Ne. 2053 P. 2 1 111111 11111 U11111 11111 III 1111111 11111 111 11111 1111 101 676924 08/27/2905 01:93P 81700 P367 r1 ALSDORF 1 of 5 R 28.00 D 0.00 GQRF1ELD COUNTY CO IRRIGATION EASEMENT RELOCATION AGREEMENT • THIS AGREEMENT is made and entered into effectide the • / `/ .day ofi_.� 2005, by and between Robert E. Kuersten and Kathleen L. Kuersten (hereinafter Kuersen)f and Jerry R.D. Senor, Judith R.. Senor and Linda M. Schultz (all of whom are collectively referred to hereinafter as Senor, et al.) and is predicated on the following recitals: A. Senor et, al. are shareholders in the Williams Canal Company and the owners of an interest in the Spion Kop Ditch (the "Ditch"). As such Senor, et. al. receive water deliveries from the Ditch historically at their lateral "headgate" which lateral headgate is on propertynow owned by Lakota Canyon Ranch and from that headgate transport their water via a lateral ditch and pipe line which transects Knersten's real property described on Exhibit A, attached hereto and incorporated herein by this reference (hereinafter "the Kuersten Property/'). B The Kuersten property may be developed for commercial purposes or be mined for substantial gravel deposits, either of which activities may be obstructed or interfered with by the current location of the lateral ditch and pipelines serving Senor, eta]. NOW, THEREFORE, the parties hereto agree as follows: 1. Senor, et, al. hereby agree to .give their consent to'the temporary•and permanent relocation of the ditch and pipeline easement and construction of a new ditch and pipe}ine to accommodate such mining and/or commercial development. . Specifically, Senor, et .al. agree to relinquish the historic location of the ditch and pipeline and agree to accept in full satisfaction therefore a relocated ditch and pipelines to be located within an easement depicted on plans to be developed by Kuersten prior to commencement of mining or commercial activities affecting the existing location of the ditch and pipeline. Senor, et. al. agree to accept the new ditch and pipeline designed and constructed in accordance with such plans as the means by which the water will be delivered. Senor, et. al. further agee, that the ditch and pipeline may be temporarily relocated at Kuersten's expense to accommodate such mining and development. 2 Kuersten hereby acknowledges that Senor, et. al. have an easement for operation, maintenance and repair of the ditch and pipeline as they are presently in place and in use, subject to Kuersten's right to relocate such easement, as provided herein. 3 Senor, et, al.'s willingness to accept such relocation is conditioned and limited as follows: (a) The easement for the new ditch and pipelines granted pursuant to this agreement shall be the dominant use of the easement; (b) The flow capacity of the new ditch and pipelines will be no less than the 1 Jun.22. 2007 8:34AM Stuver, LeMoine and Clifton, P.0 No. 2083 °. 3 11111111111111111111111111111111L :1I1111111111 Ill 1111 676924 06/27/2005 01:53P 31700 P366 TI ALSDORF 2 of 5 R 26.00 D 0.00 GARFIELD COUNTY CO historic flow capacity of the existing lateral ditch and pipelines serving Senor, et. al.; (c) Until such easement is permanently relocated Kuersten shall at all times be responsible for the maintenance, repair and replacement of any temporary ditch and pipelines accommodating the removal of gravel deposits from the property. 4. Senor, et. al. shall at all times have the right to enter upon the easement to inspect the ditch and pipelines to insure the compliance with this agreement and shall retain the rights to do any work deemed necessary by Senor, et. al, within the easement to protect their right to obtain the water to which they are entitled including the use of such equipment as is appropriate for such purpose. Senor may not relocate the ditch and pipeline without written permission from Kuersten. S. The cost of design and installation of any new ditch and pipeline as well as the cost of surveying a new easement for such a new, permanent easement for such pipeline as herein provided shall be borne entirely by Kuersten. Senor, et. al. shall bear no cost or inconvenience as a result of their consent to the relocation of the easement and the construction of new pipelines and ditch as herein provided. 6. The work to be done to accomplish the result described herein above must be done at such a time as to not interfere with the delivery of water to Senor, et. al, during the time and in the quantity in which the Williams Canal Company has ordinarily delivered water to Senor, et al. 7. Upon completion of a permanent new ditch and pipelines, Kuersten shall provide Senor, et. al. as built drawings of the new pipeline prepared by a licensed professional engineer and a written statement of such engineer certifying that all construction and installation of the new pipeline was performed under such engineer's supervision and in accordance with the plans and that the new ditch and pipeline is located within a new easement to be granted to Senor, et. al. It is agreed that upon the determination of the location of the new easement and completion of the new ditch and pipeline, Senor et al. will abandon any portion of the existing easement inconsistent therewith and will accept sole responsibility for operation and maintenance of the new ditch and pipeline thereafte,. ' It is anticipated that the easerrezit fOr operation, maintenance and repair of the ditch and pipeline will extend seven and one-half feet on either side of the center of the new pipeline and ditch as then constructed and in place. 8. It is understood that in the event that the ditch and pipeline are only temporarily relocated a final survey and new declaration of easement shall not be required. Only upon final relocation of the ditch and pipeline shall the certification by a licensed engineer and new survey be required. 9. The parties shall cause this agreement to be recorded in the Garfield County Clerk and Recorder's Office. 2 Jun. 22. 2007 8:34AI1 Stuver, LeVoine and CI, fton, P. C Y6. 2083 P. 5 11111111111111111111111111111111 th II 1111111111111111 676924 06/27/2005 01:53P 61700 P370 M RLSDORF 4 of 9 R 26.00 0 0.00 GARFIELD COUNTY CO STATE OF COLORADO COUNTY OF GARFIELD ) 95. The foregoing IRRIGATION EASEMENT acknowledged before me this j LI'`i\day of , 2005 by Judi RELOCATION AGREEMENT Witness my hand and official seal My commission expires C.- `t,,- OQ, STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) was The foregoing IRRIGATION EASEMENT RELOCATION acknowledged before me this 'Li day of C 2005 by Linda M. Schultz. Witness my hand and official seal My commission expires IN 8F1DD7F. 6 0R STATE OF ALASKA COUNTY OF ss. ) The --regai.ng . - IRRIGATION EASEMENT RELOCATION AGREEMENT was acknowledged before me this aO day of Jca; A¢1 , 2005 by Kathleen L. Kuersten and Robert E, Kuersten. Witness my hand and official seal My commission expires Hai 1 . erM ,VAl a Moho" AMC mn C. tern *civriark- 4 Notary Public }un. 22. 2007 6:35AM Stuver, LeMoi^e sad C ifton, D. C 111111111111111111111111111111111111111111111111111101 678924 06/27/2005 01:53P 61700 P371 11 ALSDORF 5 of 3 R 26.00 D 0.00 GARFIELD COUNTY CO No. 2083 P. 6 EXHIBIT A TO IRRIGATION EASEMENT RELOCATION AGREEMENT • A iarzel or tract of laud Laituited in ttk'1 t ,1'2.0f`th Section 32, tzwnShip. 5 South, Range 90 14-=t of the 6'th Principal :Meridian, ,6.Ltity of Garfield, State Of Colorado, teing ve'.particuiariy described an' fr 1a+a: r. at t*:: East ,�=� ` � g a tom. � �t G fes, of ._said S‘ctfap 3� which tears .,T 2 - ij. _- 0iis of., 24 fxaur the SE mit of 00A! Sectjr>c '3l';" t1-:er�''5: "7'+�2' GO" E brig - feet ttr .point.of intersection with the t of apparer►. �grtheri x i �f .j of art .4s,ing County road as mrestxt ted and in use; thence S. 68'28'00' V. and along said'apparent northerly right-of-way► line a distance of 87.39 feet to a point of curve; thence along said. apparent northerly ries-of and a curve to the right Laving aradius of .873.77 feet, a central. angle of 6720400', an arc distance of 96.58 feet to a point of tang; . thews S. 74.48'00" 'W. and along said .aR>arant northerly ri a distance of 68.00 feet.to a point of ; tt oe along � tant nrrtherly xigt�twf�.•ayr.•t9ne and a curve to the left• having . ra,pas of 265.23 feet, .a central angle of 24'00'00',' an arc distance of 111.1..0 fad to a point of tangent; thence S. 50448100" 11. and alag said apazent nartherlthence along ssaidf-way line a distance northerly of ghrt-of right-of-way _lit to a Mint of , •,may► line and a curve to ttie right having a radius of 2515.17 feet. a cenal. angle of 4'30'Go", an arc distance of 197.54 feet to a Point of tangent; thence 5: .556.18'00,. e;�d along -said- awarentnnrthrly right -of -say line a distance of 712.94. feet to a point of intersectim with the West lure of the East 1/2 of the SE 3/4 of said Section 32; thence N. 5'22'05' W. and along said Nest line E 1j2 SE 1/4 a distance of 1185.37 feet to the lid aorrber E 1/2 SE 1/4 said Section 32; thence N. 89.55'54' E. and alcrq the North.line of the SE 1/4 of said Se tion 32 .a distance of 1257.98 feet to the point of begirmiry. As described on deed recorded December 18, 1978 in Book 520 at Page 441 in the records of the Garfield County Clerk and Recorder. jun. 22, 2001 8:35AM Suver, LeMaHe and CIIan, P.0 Na. 2084 ■ ■ ■a Ei} f FACSIMILE TRANSMISSION COMPLETED THIS DATE AT A.M. / P.M BY THOMAS W. STOVER DANIEL D. LEMOINE BARBARA L. CLIFTON STOVER, LaMOINE & CLIFTON, P.C. ATTORNEYS AT LAW 120 WEST THIRD STREET P. 0, sox 907 RIFLE, COLORADO 81650 FACSIMILE COVER SHEET DATE: June 22, 2007 NUMBER. OF PAGES (including cover sheet): 5 TELEPHONE 9704250E87 FAX 970425.44a TO: Mark Gould FAX NUMBER: 945-8371 FROM: Thomas Stuver/Marilyn RE: Kuersten/Senor DOCUMENTS SUBMITTED: Irrigation Easement Relocation Agreement Transmitted: For review and approval For signature For Service _X_ As Discussed Please: Sign and return Call upon receipt/review Call if any questions IF YOU DO NOT RECEIVE ALL OF THE PAGES, PLEASE CALL (970) 625-1887. OTHER MESSAGE: Mark - I checked the file for the Burning Mountain/Kuersten agreement. We have a copy of an agreement dated February I, 2007 signed by all parties but nothing dated May 4. I will leave a note for Tom and ask next time he calls, )90144i GLt,t4, 11 , CONFU TIAL[rYNOTE 9/j THEE INFORMATION CONTAINED IN THIS FACSIMILE MESSAGE MAY BE PRIVILEGED AND CONPTDEN LAL INFORMATION / INTENDED ONLY FOR THE USE OFTREINDIVIDUAL ORENTITY NAMED ABOVE, IF THE READEROFTHISMESSAGEISNOTTHE INTENDED REC{PIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPY OF THIS TELECOPY IS STRICTLY PROHIBITED. CS YOU HAVE RECEIVED THIS TELECOPY IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY TELEPHONE ANDREIURNTHE ORIGINAL MESSAGE TO USATTHIEADDRHSS ABOVE VIA THE UNITED STATES POSTALSERV1CB. THANK YOU. DIVISION OF RECLAMATION, MINING AND SAFETY Department of Natural Resources 1313 Sherman St., Room 215 Denver, Colorado 80203 Phone: (303) 866-3567 FAX: ;303; 832-8)06 APPLICABILITY: STATE OF COLORADO CONSTRICTION MATERIAL, LIMITED IMPACT ([10) OPERATION RECLAMATION PERMIT APPLICATION PACKAGE COLORADO DIVISION OF RECLAMATION MINING - -- &- -SAFETY Bili Ritter,Ir. Governor Harris D. Sherman Executive Director Ronald W. Canary Division Director Nfturll Resource Trustee This application package is for a construction material extraction operation affecting LESS than 10 acres. If you plan to conduct a construction material extraction operation which meets these criteria, please follow the instructions provided in this package, in the Rules and Regulations, and in the Colorado Land Reclamation Act for the Extraction of Construction Materials, as required. RECOMMENDATIONS PRIOR TO FILING: The Construction Material Rules and Regulations (the Colorado Land Reclamation Act for the Extraction of Construction Materials, Section 34-32.5-101, et seg, CRS., and 2 CCR 4074), and the Colorado Mined Land Reclamation Board (the "Board") regulate the permitting, operational and reclamation requirements for all construction material extraction operations in Colorado. It is your obligation to comply with the Act and Regulations. You are encouraged to obtain and review a copy of the Rules, available for $8.00 from the Division of Reclamation, Mining, and Safety (the "Office"). In order to submit your application properly, it is recommended that you review the Act and: Rule 1.1 Definitions; Rule 1.4 Application Review and Consideration Process; Rule 1.6 Public Notice Procedures; Rule 3.1 Reclamation Performance Standards; Rule 3.3.1. Operating without a Permit - Penalty; Rule 4 Perform:leo vVarratities and Financial ,Warranties: Rule 6 Permit Application Exhibit 'Requirements; Rule 6.2 General Requirements of Exhibits; Rule 6.3 Specific Permit ,:Application Exhibit Requirements; Rule 6.5 Geotechnical Stability Exhibit (as required). It is recommended that you contact the agencies listed in the application section titled "Compliance With Other Laws" prior to submitting the application to the Office . Office of Aimed land Reclamation Office of Denver • Grand Junction • Durango Active and Inactive Mines APPLICATION REVIEW PROCEDURES: The Office shall approve or deny the application within thirty (30) days of filing unless the date for consideration by the Office is extended pursuant to Rule 1.8. The lime for consideration shall not be extended beyond thirty (30) days atter the last such change submitted. For complex applications, the review period may be extended an additional sixty (60) days. Please see Rule 1.1(10) for the definition of what constitutes a complex application. APPLICATION APPROVAL/DENIAL: Iftlie requirements of the Act and Mineral Rules have been satisfied, the Office will approve the application. The Act also provides for automatic approval if no action is taken by the Office by the end of the review period. If the Act and Regulation requirements have not been satisfied, the Office will deny the application. If the Office denies the application, you may appeal to the Board for a final detemtination by submitting a written request .for administrative appeal to the Board within 60 days of the decision date (Rule 1.4.7). PERFORMANCE AND FINANCIAL WARRANTIES: A performance warranty, and a financial warranty dollar amount determined during the application review process, must be submitted and approved by the Office PRIOR to permit issuance. A financial warranty should NOT be submitted until a decision on the application has been made. If the applicant is a unit of state or county government, then ONLY a performance warranty is required. Several different types of .Financial warranties are allowed by the law. Please review Rule 4.0 to determine which type of financial warranty you desire to use. You may obtain the appropriate warranty forms from the Office during the application review period. Please note that an application approval DOES NO'[ convey a right to begin operations. You MUST submit, and have approval of your performance and financial warranties, and receive your copy of the signed permit document PRIOR to beginningon-site mining activity. AUTOMATIC PERMIT APPROVAL: An automatic approval will occur where the Office fails to notify the applicant/operator that the application has been denied. This decision must be made thirty (30) calendar days from the date the application was determined to have been filed. However, the performance and financial warranties must be submitted and approved by the Office before the permit will be issued even if you receive an automatic approval. NO MINING OPERATIONS SHALL BEGIN UNTIL A PERMIT IS ISSUED (Section 34-32.5-109( 1), C.R.S.). CONIPLIA,NCE WITH OTHER LAWS: Compliance with the Act and Rules and Regulations of the Mined I.and Reclamation Board DOI S_VO;(_ relieve you of your responsibility to comply with all other applicable state and federal laws. We recommend that you contact the following agencies to determine whether you need to comply with their legal requirements: o The Colorado State 'Historical Preservation Office regarding properties orf historical significance including the need for an archeological survey, procedures dures for requesting, a till search, artd inveato 'y forma to identify structures. ✓ Colorado Division of Water Resources with regard to water rights; o Colorado Department of Health, Water Quality Control Division, with regard to the discharge of pollutants into the. State waters; o Colorado Department of Health, Air Pollution Control Division, with regard to the need for a fugitive dust permit: o U.S. Bureau of land Management or the U.S. Forest Service if the proposed operation will occur on federal. lands; O U. S. Arniv Corps of Engineers regarding a dredge and fill (404) permit; and O The County P 'anning Department for the county or comities in which your proposed operation is ineated. DIVISION OF RECLAMATION, MINING AND SAFETY Department of Natural Resources 1311 Sherman St., Rooni 215 Denver, Colorado 80203 Phone: 3031 8G6-3567 FAX: (303) 832.8106 CHECK ONE: STATE OF COLORADO COLORADO DIVISION of RECLAMATION MINING — & -- SAFETY CONSTRUCT ZION MATERIALS 82) Ritter, Jr, LIMITED IMPACT (110) OPERATION Governor D. Sherman RFCLAMATION PERMIT APPLICATION FORM Executive Director Ronald W. Cattanv Division Director `Chore is a File Number Already Assigned to this Operation Natural Resource Trusted Permit # M - - (Please reference the file number currently assigned to this operation) New Application (Rule 1.4.5) Amendment Application (Rule 1,10) _ Conversion Application (Rule 1.11) Permit t M - (provide for Amendments and Conversions of existing permits) The application for a Constriction Materials Limited Impact (110) Operation Reclamation Permit contains three major parts: (1) the application form; (2) Exhibits A -J, Exhibit L, Addendum 1, anysections of Exhibit 6.5 and Geotechnical Stability Exhibit, as required by the Office, and outlined in Rules 6.1, 6.2, 6.3, 6.5, and 1.6.2(1)(b); and (3) the application fee. When you submit your application, be sure to include one (1) complete signed and notarized ORIGINAL and one (1) copy of the completed application form, two (2) copies of Exhibits A -J, Exhibit L, Addendum 1, and appropriate sections of 6.5 (Geotechnical Stability Exhibit), as required, and a check for the application tee described under (4) below. Exhibits should NOT be bound or in a 3 -ring binder; maps should be folded to 8 1/2" X 11" or 8 1/2" X 14" size, To expedite processing, please provide the information in the format and order described in this form, G.ENI,RAL OPERATION INFORMATION Type or print clearly, in the space provided, ALL information described below. 1. Applicant/operator or company name (name to be used onemelt : 1.1 Type of organization (corporation, partnership, etc.): 2. Operation name (pit, mine or site name): 3. Permitted acreage (new or existing site): 3.1 Change in acreage (1•) 3.2 Total Acreage in Permit Area 4. Fees' 4.1 New _Application: Amendment. Fee (C.R.S. 34-32,5- 125(11)) 4.2 et:inversion. fee (fmn€ 110d to 110 $1,258.00 conversion fee (Rule L1 1,2(2 permitted acres acres acres $1,258,00 application fee S827.00 application fee 5. Printary connnoditie(s) to be mined: 5,1 Incidental contmoditic(s) to be mined: 1......... ,'--IbsiTons'yr 2, ,_......_ Ihsi;l'onsyr 3.._.__ ...-.-_.._. lbs./'fonssvr 4........-._._.'..... _..,ihsions'yr 5. lbszTonslyr __.-.. 5.2 Anticipated end use ofprimary conunodtlie(S) to be mined: Anticipated end use ot'incidental cominoditier0 to he mined: Office of mined Land Reclarnalior' Denver a Grandliinct)on • Drarango Office of Active and 1n:acrive h9,nc; -3- 7. Name of owner of the subsurface rights of affected land: 8. Name of owner of the surface of affected hand: 9. Type of mining operation: Surface Underground In-situ 10. Location information: The center of the area where the majority of mining will occur: COUNTY: PRINCIPAL.. MERIDIAN (check one): 6th (Colorado) 10th (New Mexico) Ute SECTION (write number): S TOWNSHIP (write number and check direction): T North South RANGE (write number and check direction): R East West QUARTER SECTION (check one): NE NW SE SW QUARTER QUARTER SECTION (check one): NE NW SE SW GENERAL DESCRIPTION: (the number of miles and direction from the nearest town and the approximate elevation): II. Primary Mine Entrance Location (report in either I_atitudeiLongitude OR UTM): Latitude/Longitude: Example: (N) 39° 44' 12.98" (W) 104° 59' 3.87" Latitude (N): deg Longitude (W): deg OR Example: (N) 39.73691' (W) -104.98449° min min sec (2 decimal places) sec (2 decimal places) Latitude (N) (5 decimal places) I.ongitude(W) (5 decimal places) OR GnlYKr Al,.'i.'ranver.s01ercater_{t..Mj Example: 2013363 E Nit €)27 Lone 13 4398351.2 N URI v1 Datu m (pcci fy N A.I)2 7 , NAD83 o r WGS 84) _....-----........_____.-. ................_...._ fore. Fasting Northing --_-- .................. .._ _---- 5 - Responsibilities as a Permittee: Upon application approval and perrnit issuance, this application becomes a legally' binding document. Therefore, there arc a number of important requirements which you, as a permittee, should fully understand. These requirements are listed below. Please read and initial each requirement, in the space provided, to acknowledge that you understand your obligations. It' you do not understand these obligations then please contact this Office for a full explanation. 1. Your obligation to reclaim the site is not limited to the amount of the financial warranty. You assume legal liability for all reasonable expenses which the Board or the Office may incur to reclaim the affected lands associated with your mining operation in the event your permit is revoked and financial warranty is forfeited; 2. The Board may suspend or revoke this permit, or assess a civil penalty, upon a finding that the permittee violated the terms or conditions of this perrnit, the Act, the Mineral Rules and Regulations, or that information contained in the application or your permit misrepresent important material facts; 3. If your mining and reclamation operations affect areas beyond the boundaries of an approved permit boundary, substantial civil penalties, to you as permittee can result; 4. Any modification to the approved mining and reclamation plan from those described in your approved application requires you to submit a permit modification and obtain approval from the Board or Office; 5. It is your responsibility to notify the Office of any changes in your address or phone number; 6. Upon permit issuance and prior to beginning on-site mining activity, you must post a sign at the entrance of the mine site, which shall be clearly visible from the access road, with the following information (Rule 3.1,12): a. the name of the operator; b. a statement that a reclamation permit for the operation has been issued by the Colorado Mined Land Reclamation Board; and, c. the permit number. 7. The boundaries of the permit boundary area must be marked by monuments or other markers that are clearly visible and adequate to delineate such boundaries prior to site disturbance; 8. It is a provision of this permit that the operations will be conducted in accordance with the terms and conditions listed inyour application, as well as with the provisions ot'the Act and the Mineral Rules and Regulations in effect at the time the permit is issued. 9. Annually, on the anniversary. date of permit issuance, you must submit an an=uual fee as specified by Statute, and an annual report which includes a map describing the acreage attested and the acreage reclaimed to date !if there are changes from the previous year), any monitoring required by the Reclamation Plan to be submitted annually on the anniversary date of the permit approval. At'nuai ;fes are for the previous year a permit is held, for example, a permit with the anniversary date of July 1, 1995, the annual. fee is for the period of July 1, 1994 through Julie 30, 1.995. Failure to submit your annual fee and report by the permit anniversary dale may result in a civil penalty, revocation of your permit; and forfeiture of your financial warranty. It is your responsibility, as the permittee, to continue to pay your annual tee to the Office until the Board releases you From your total reclamation responsibility. 10. For joint venture/Pa rinershitapentittee: the signing representative is authorized to sign when document and a power of attorney (provided by the partner(s)) authorizing the signature of the representative is attached to this application. -7 - Certification: As an authorized representative of the applicant, thereby certify that the operation described has met the minimum requirements of the following terms and conditions: 1. All necessary approvals from local government have been applied for (Section 34-32.5-110(1)(a)(Vll1). 2. To the best of my knowledge, all significant, valuable and permanent man-made structure(s) in existence at the time this application is filed, and located within 200 feet of the proposed affected arca have been identified in this application (Section 34-32.5-115(4)(e), C.R.S.). (NOTE: For 110 operations, the affected area includes all lands delineated by the permit boundary.) 3. No mining operation will he located on lands where such operations are prohibited by law (Section 34-32.5-115(4)(f), C.R.S.). 4. As the applicant/operator, I do not have any mining/exploration operations in the State of Colorado currently in violationof the provisions of the Colorado Land Reclamation Act for the Extraction of Construction Materials (Section 34-32.5-120, C.R.S.). 5. I understand that statements in the application are being made under penalty of perjury and that false statements made herein are punishable as a Class 1 misdemeanor pursuant to Section 18-8-503, C.R.S. 1984. This form has been approved by die Mined Land Reclamation Board pursuant to section 34-32.5-110,C R.S., of the Colorado Land Reclamation Act for the Extraction of Construction Materials. Any alteration or modification of this form shall result in voiding any permit issued on the altered or modified form and subject the operator to cease and desist orders and civil penalties for operating without a permit pursuant to section 34-32.5-123, C.R.S. Signed and dated this day of Applicant'Operator If Corporation Attest (Seal) Signed: Signed: Corporate Secretary or Equivalent Title: Towii;CityrCounty Clerk State of County of ) ss. The foregoing instrument was acknowledged before me this day of by of Notary Public My Commission expires: SIGNATURES NEUST BE; IN BLUE: INK NOTICE OF FILING APPLICATION FOR COLORADO MINED LAND RECLAMATION PERMIT FOR CONSTRUCTION MATERIALS LIMITED IMPACT (110) OPERATION NOTICE TO THE BOARD OF COUNTY COMMISSIONERS COUNTY (the "Applicant/Operator") has applied fora Construction Materials Limited Impact (110) Reclamation permit from the Colorado Mined Land Reclamation Board (the "Board") to conduct the extraction of construction materials in County. The attached information is being provided to notify you of the location and nature of the proposed operation. The entire application is on file with the Division of Reclamation, Mining, and Safety (the "Division") and the local county clerk and recorder. The applicant/operator proposes to reclaim the affected land to use. Pursuant to Section 34-32.5-116(4)(m), C.R.S., the Board may confer with the local Board of County Commissioners before approving of the post -mining land use. Accordingly, the Board would appreciate your comments on the proposed operation. Please note that, in order to preserve your right to a hearing before the Board on this application, you must submit written comments on the application within ten (10) days after the date of the applicant's newspaper publication. If you would like to discuss the proposed post -mining land use, or any other issue regarding this application, please contact the Division of Reclamation, .Mining, and Safety, 1313 Sherman Street, Room 215, Denver, Colorado 80203, (303) 866-3567. ,• NOTE To 1CAN poPERATOR: You LJ? S'r' attach a copy of the application form to this notice. I.fthis is a notice of a change to a previously filed application you must either attach a copy of the changes, or attach a complete and accurate description of the change, An example Public Notice which meets the requirements of the Statutes is shown below. The blanks, which require dates, will need to be filled in according to the tbllowing instructions. PLEASE READ CAREFULLY. Publication Instructions: Date of commencement and date of completion should represent the dates which you feel most accurately describe the life of thc operation. For all Limited Impact (110) types of operations, this notice must be published once within ten (10) days of the date the application is considered submitted to the Division of Reclamation, Mining, and Safety (the "Division"). The final date for receiving comments is ten (10) days after the date of publication or the next regular business day. All notices must be published in a newspaper of general circulation in the locality of the proposed mining operation and nailed to the landowners as set forth in the Construction Materials Rules and Regulations. Since the date for consideration of your application may change, DO NOT include it in this notice. For a complete discussion of the notice procedures and objections, please refer to C.R.S. 34-32.5-110(7)(c), 114 and 115, ******************************************************************************************************* 44* PUBLIC NOTIC1 (Operator Name) ; (Address and Phone Number) , has filed an application for a Construction Materials Limited Impact (110) Reclamation Permit with the Colorado Mined Land Reclamation Board under provisions of thc Colorado Land Reclamation Act for the Extraction of Construction Materials. The proposed mine is known as the (Name or the Mine) , and is located at or near Section ., Township , Range, Prime Meridian. The proposcd date of commencement is , and the proposed datc of completion is . The proposed future use of the Iand is (Future Landuse) Additional information and tentative decision date may be obtained from the Division of Reclamation, Mining, and Safety, 1313 Sherman Street, Room 215, Denver, Colorado 80203, (303) 866-3567, or at the (County Name) County Clerk and. Recorder's office; (Clerk and Recorder's Address) , or the above- named applicant. A complete copy of the application is available at the above-named County Clerk and Recorder's office and at the Division's office. t-, omt .ienrti concerning the application and exhibits must be in writ'ng and roust be received by the Division of Reclamation, Mining, and Safety by 4:00 p.rn. on (final Date for Cotnrnents) Please note that under the provisions of C.I .S. 34-32.5-101 et seq. Comments related 10 noise, truck traffic, hours of operation, visual impacts, effects on property values' and other social or economic concerns are issues not subject to this Office sjurisdiction. These subects, and similar ones, are typically addressed by3your local governments, rather than the Division of Reclamation. iblining, and Softly or the Alined Land Reclani!ation Board. M *.:irr.:diAreNs!i:T 44J74)? -01 vsfonrrr ,d'L;ni__ruciion110 Q"r2,;i2Crii7 STATE OF COLORADO COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT Water Quality Control Division — Stormwater Program STOR1'1WATER DISCHARGES ASSOCIATED WITH CONSTRUCTION ACTIVITY FORM ONLY GENERAL PERMIT APPLICATION Revised 7/08 ATTENTION This document contains the two-page application form for the CDPS Stormwater Construction Permit and the application instructions . The complete application document is on the Division's web page at: http:!lrvww.ctlphe.state.co.us/wqlPermitsUnit/stormrvater/SWConstructionApplication.pdf Application Completeness: The application must be completed accurately and in its entirety or the application will be deemed incomplete—processing of the application will not begin until all required information is received. One original copy of the completed application (no faxes or e-mails) must be submitted to the Division to initiate the application process. Colorado Department of Public Health and Environment Water Quality Control Division WQCD-Permits-B2 4300 Cherry Creek Drive South Denver, Colorado 80246-1530 Do not include a copy of the Stormwater Management Plan, unless requested by the Division. Do Not Include Payment— An invoice will be sent after the certification is issued. Instructions for the Application Form Item 1 - Applicant Information: Provide the company name, address, phone number, email address for applicant, and local contact information for the project. Indicate whether the applicant is the owner, the developer, or a contractor, Item 2 - Location of the Construction Site; Provide the following information: • Street Address — Provide the address of the construction site. If an exact address is not available you may use an approximate address, the nearest intersection or boundary' streets including directional identifiers (e.g., "S. of Park St. between 5°i Ave. and 10th Ave.", or "W. side of C.R. 2l, 3.25 miles N. of Hwy 10") or other identifying information. A street name without an address, intersection, mile marker, or other identifying information describing the location of the project is not adequate. For linear projects, the route of the project should be described as best as possible with the location more accurately indicated by a map (see Item 3). • Project Name, City, and County — If the project is located within the unincorporated portion of a county, write "unincorporated" in the space provided for the city name. • Latitude/Longitude - For the approximate center point of the property, to the nearest 15 seconds. The latitude and longitude must be provided as either degrees, minutes, and seconds, or in decimal degrees with three decimal places. This information may be obtained from a variety of sources, including: o Surveyors or engineers for the project should have, or be able to calculate, this information. o EPA maintains a web -based siting tool as part of their Toxic Release Inventory program that uses interactive maps and aerial photography to help users get latitude and longitude. The siting tool can be accessed at www.epa.gov/tri/rcport/siting_tool/index.htnn o U.S. Geological Survey topographical map(s), available at area map stores. Using a Global Positioning System (GPS) unit to obtain a direct reading. Note: the latitude' longitude required above is not the directional degrees, minutes, and seconds provided on a site legal cle.scriptiori to define property boundaries. Item 3 - Legal Description or Map: One of these two items must be provided: • Legal Description or the entire site covered by the application. 'l'hc description must include subdivision(s), block(s), and lot(s) (providing the metes and bounds or just the township/section/range, is not adequate). This information should be available for subdivided properties from documents submitted to or maintained by the city or county, such as the subdivision plat or deed Ir this information is not available, a snap mut be submitted. — o r — • Site Map that defines the boundaries or the site covered by the application. The level of detail that must be provided Revised 7/0R 0708 will depend on the nature of the project and must be adequate so that it can be determined during a Field audit what construction activities are covered under the issued ecrtitication. For typical developments within a specific surveyed property, a map that clearly shows the property boundaries should be obtainable. For projects located in areas with adjacent construction arcus that XVII] € 01 be covered by the application (such as multi -lot developrrrents with mt€ltiplc owners/operators}, this detail is essential_ 1lowever, for projects much as road or utility projects, where providing this detail may not be feasible or necessary to distinguish the project from adjacent activities, 0 less detailed map showing the approximate area is adequate. Maps € ust have a minimum scale of 1:2.4000 (the settle of a IJ. GS 7.5 minute map). Maps must be folded to ii'/ x 11 inches. Do not submit grading plans or other blueprints as the site map or the application will be rejected. This is not the same as the map required in the SWMP (sec Appendix A). Item a - Area of Construction Site: Provide both the total area of the construction site, and the area that will undergo disturbance, in acres. Note: aside from clearing, grading and excavation activities, disturbed areas also include areas receiving overburden (e.g., stockpiles), demolition areas, and areas with heavy equipment/vehicle traffic and storage that disturb existing vegetative cover (see construction activity description under the APPLICAR[LI'IY section on page 1)_ If the project is part of a larger common plan of development or sale (see the definition under the APPLICABILITY section on page 1), the disturbed area of the total plan must also be included. Item 5 - Nature of Construction Activities: Check the appropriate box or boxes, or if the descriptions provided do not fit the project, provide a brief description that indicates the general nature of the construction activities for which permit coverage is being requested. A more detailed description of the project must be included in the Stormwater Management Plan (see Item 8). Item 6 - Anticipated Construction Schedule: Provide the current estimated start and final stabilization dates for the construction project as follows: • Construction Start Date - This is the day you expect to begin ground disturbing activities, including grubbing, stockpiling, excavating, demolition, and grading activities. • Final Stabilization Date - in terms of permit coverage, this is when the site is finally stabilized. This means that all ground surthce disturbing activities at the site have been completed, and all disturbed areas have been either built on, paved, or a uniform vegetative cover has been established with an individual plant density of at least 70 percent of pre - disturbance levels. Permit coverage must be maintained until the site is finally stabilized. Even if you are only doing one part of the project, the estimated final stabilization date must be for the overall project. If permit coverage is still required once your part is completed, the permit certification may be transferred or reassigned to a new responsible entity(s). Item 7 - Receiving Water(s): Identify the receiving water of the stormwater from your site. Receiving waters are any waters of the State of Colorado. This includes all water courses, even if they are usually dry. If stormwater from the construction site enters a ditch or storm sewer system, identify that system and indicate the ultimate receiving water for the ditch or storm sewer. Note: a stormwater discharge permit does not allow a discharge into a ditch or storm sewer system without the approval of the owner/operator of that system. Item 8 - Stormwater Management Plan (SWMP) Certification: The certification of completion of a SWMP must be signed by the applicant or their authorized agent. Appendix A contains the requirements for the SWMP during the period of construction (as listed in the Stormwater Construction Permit). Submittal of the SWMP with the application is not required; however, it must be developed and implemented, and kept at the construction site. The Division reserves the right to request the SWMP at any time. Item 9 - Signature of Applicant: The applicant must be either the owner and/or operator of the construction site. Refer to Part B of the instructions for additional information. The application must be signed by the applicant to be considered complete. In all cases, it shall be signed as follows: a) In the case of corporations, by a principal executive officer of at least the level of vice-president or his or her duly authorized representative, if such representative is responsible for the overall operation of the facility from which the discharge described in the application originates. b) In the case of a partnership, by a general partner. e) In the case of a sole proprietorship, by the proprietor. d) In the case of a municipal, state, or other public facility, by either a principal executive officer, ranking elected official, or other duly authorized employee if such representative is responsible for the overall operation of the facility from which the discharge described in the form originates. This certification includes an acknowledgment that the applicant understands that the permit coverage, and therefore the applicant's liability, will be for the entirety of the construction project described and applied For, until such time as the application is amended or the certification is transferred, inactivated, or expired. 07108Const GENERAL PERMIT APPLICATION STORMWATER DISCHARGES ASSOCIATED WITH: .CONSTRUCTION ACTIVITY ;Penult No. CC)R-030000) For Ac!encv Usc Onlv C O R - 0 3 1)111.e Received.: / vow',I y rear Billing Code: 09 913 I)1) Approved ALL APPLICANTS MUST FOLLOW PART D OF THE INSTRUCTIONS TO COMPLETE THIS FORM Please print or type. All items must be completed accurately and in their entirety, or the application will be deemed incomplete and returned to the applicant. Processing of thc application will not begin until all required information is received. Please refer to the instructions for information about the required items. Original signatures for Items 8 and 9 arc required. 1. Name and address of the permit applicant (legally responsible entity): *Company Name *Mailing Address *City, State and Zip Code *Legally Responsible Person (Application signer) *Title *Phone Number Legal Contact E-mail Address *Local Contact (familiar with facility) *Title *Phone Number Local Contact E-mail Address Location of the construction site: *Street Address (or cross streets) *City (if unincorporated, so indicate) *Zip Code *County *Name of plan, project, or development *Latitude/Longitude (approximate center of the site) — use one of the following formats: Latitude / / Longitude / / degrees minutes seconds � —ou �e'r'° 39°42'11", tt) l°JJ'S]"� -or- degrees minutes seconds Latitude Longitude (e.g., 39.703°, 104933°') degrees (to 3 decimal places) degrees (to 3 decimal places) 3. *Legal Description or Map Legal description per Instructions (not metes and bounds): Subdivision(s) -or- Lot(s) Block(s): Map Indicating Site Location/Boundaries 11 Maps must be folded to 8'Y2 x II inches. 4. *Arca of the construction site: Total arca of project site (acres) Arca of project sitc to undergo disturbance (acres) Total disturbed area of Larger Common Plan of Development or Sale, if applicable (i.e., total, including all phases, filings, lots, and infrastructure not covered by this application) Application - Page 1 of 2 * REQUIRED ENTRY Revised 7/08 5. Nature of the construction activity: Check the appropriate box(s) or provide a brief description that indicates the general nature of the construction activities. (The full description of activities must be included in the Stormwater Management. Plan.) ❑ Single Family Residential Development ❑ Multi -Family Residential Development ❑ Commercial Development ❑ Oil and Gas Production and/or Exploration (including pad sites and associated infrastructure) ❑ Highway/Road Dc 5,c opntent (not including roadways associated with commercial or residential development) ❑ Other, Describe: 6. *Anticipated construction schedule: Construction Start. Date: / / month day year — — Final Stabilization Date: / / month day year *The name of the receiving watcrs(s). (If discharge is to a ditch or storm sewer, also include the name of the ultimate receiving water): STOP! A Stormwater Management Plan (see Appendix A) must be completed prior to signing the following certifications! - Do not mail the Stormwater Management Plan with the application. *Stormwater Management Plan Certification: "I certify under penalty of law that a complete Stormwater Management Plan, as described in Appendix A of this application, has been prepared for my activity. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the Stormwater Management Plan is, to the best of any knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for falsely certifying the completion of said SWMP, including the possibility of fine and imprisonment for knowing violations." Signature of Legally Responsible Person (submission must include original ink signature) Date Signed Name (printed) 9. *Signature of Applicant Title "I certify under penalty of law that I have personally examined and am familiar with the information submitted in this application and all attachments and that, based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the information is talc, accurate and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine or imprisonment. "I understand that submittal of this application is for coverage under the State of Colorado General Permit for Stormwater Discharges Associated with Construction Activity for the entirety of the construction site/project described and applied for, until such time as the application is amended or the certification is transferred, inactivated, or expired." Signature of Legally Responsible Person (submission must include original ink signature) Date Signed Naive (printed) Title Application - Page 2 of 2 " REQUIRED ENTRY Revised 7/08 Air Pollution Control Division (APCD) - Construction Permit Application PLEASE READ INSTRUCTIONS ON REVERSE SIDE I. Permit to be issued to: 2. Mailing Address: 3. General Nature of Business: SIC code (if known) 4. Air Pollution Source Description: (List permit numbers if existing source, attach additional pages if needed) Is this a Portable Unit? Yes / No 5. Source Location Address (Include Location Map) If portable, include the initial location and home base location 6. Reason for Application: (Check all that apply) ■ New or Previously Unreported Source Administrative Permit Amendments ■ Modification of Existing Source ■ Transfer of -Ownership (Complete Section 9 & 10 below) ■ Request for Synthetic Minor Permit ❑ Company Name Change (Complete Section 9 below) ❑ Other: ❑ Other: 7. Projected Startup Date: Signature of Legally Authorized Person of Company listed in Section I Date Signed Phone: Type or Print Name and Official Title of Person Signing Above Fax: 8. Check appropriate box if you want: ❑ Copy of preliminary analysis conducted by Division ❑ To review a draft of the permit prior to issuance These sections are to be completed only if a company name change or transfer of ownership has occurred. 9. Permit previously issued to: 10. Transfer of Ownership Information Effective Date of Permit Transfer: As responsible party for the emission source(s) listed above, I certify that the business associated with this source has been sold, and agree to transfer the permit to said party. Signature of Legally Authorized Person of Company listed in Section 9 Date Signed Phone: Type or Print Name and Official Title of Person Signing Above Fax: Mail completed application, APENs, and filing fee to: Colorado Department of Public Health and Environment Air Pollution Control Division 4300 Cherry Creek Drive South, APCD-SS-B1 Denver, Colorado 80246-1530 http://www.cdphe.state.co.us/ap/stationary.html Phone: (303) 692-3150 Revised August 2004 INSTRUCTIONS FOR'IIIE CONIPLE PION OF "HIE APPLICATION FOR CONSTRUCTION PERMIT OR PERNIIT MODIFICATION FORM The Jihllowing instructions air the completion (Willis form are tilled, lettered, and numbered the same as the applicable sections of the form on the other side. ;section does not apply, write "NIA": DO NOT LEAVE BLANK. L'U'TE: All information submitted as part of this permit application and all data generated by the Division as part of processing this permit will be considcrcd open to the public unless confidential treatment is requested in writing. All such materials must be (1) clearly marked "CONFIDEN'T'IAL" and (2) enclosed in a separate scaled envelope marked "CONFIDEN'T'IAL INFORMATION" to ensure rtgainst accidental release. Confidentiality is granted only if the release of such information would result in economic disadvantage to the applicant. If confidentiality is requested, the Division will notify you of its decision and, if denied, allow time for you to present additional evidence justifying the need for confidentiality. in general, confidentiality requests will increase permit processing time. Under no circumstances can emissions data be held confidential. I. PERM IT ISSUED TO: List the name ofthe company (e.g., corporation, partnership, association, individual owner, or governmental agency) to whom the permit is to be issued and who will therefore he responsible for the operation or Elie source. This company name will be listed on the permit. 2. MAILING A1)DRI:SS: This is the address for all correspondence relating to this permit. 3. GENERAL, NATURE OF BUSINESS: List the business activity (dry cleaner, saw mill, furniture manufacturer, commercial printing, etc.). Also, list the Standard Industrial Classification (S.I.C.) for this type of business activity, if known. 4. AIR POLLUTION SOURCE DESCRIP'T'ION: Provide a brief description of the equipment being permitted and the associated emission controls (e.g., concrete batch plant with baghouscs, paint booth with particulate filters). If this source has an existing APCD perntit(s), please list all applicable permit numbers. 5. SOURCE ADDRESS: Do not give a P.O. Box. This is for the physical location of the source. Please include a map that indicates the exact location and shows major topographic features. If the source is portable, include the horse base and initial location. 6. REASON FOR APPLICATION: Modification of Permitted Source — A permit modification may be required for changes in emissions, throughput, equipment, etc. Request for Synthetic Minor—A source that is voluntarily applying for a permit to create federally enforceable permit conditions to limit the potential to emit criteria or hazardous air pollutants in order to avoid other requirements. Public comment must be conducted prior to the issuance of any synthetic minor emission permit. Administrative Permit Amendments Transfer of Ownership — A transfer of ownership is required if equipment previously permitted by another company has been purchased. A merger is considcrcd to be a transfer of ownership. Complete sections 9 & 10 of this form. Name Change— A name change is appropriate if only the name on the permit is to be changed, and there is no transfer of ownership. Complete section 9 of this form. Other—Any other administrative change as defined in Regulation No. 3, Part A, Section 1.13.1. 7. PROJECTED START-UP DATE: Construction, operation, or modifications prior to receipt of a permit is prohibited by Colorado Statute. 8. DRAFT REVIEW REQUEST: Review requests will usually add to both processing costs and processing time. Any additional time and charges incurred by the Division in providing a draft and correspondence with the applicant will be billed to the applicant. The Division will consider the request an official extension of the processing deadlines specified by the Act. The extension will consist of the number of days elapsed between Division mailing of the draft permit to the applicant and receipt of the applicant's comments by the Division, not to exceed 15 days. However, the Division is not bound to consider any comments received after the 15 day time period lapses, unless both the Division and the applicant agree to a further extension of the processing deadlines. 9. PERNIIT PREVIOUSLY ISSUED TO: List the name of the company on the most recently issued permit. This section should be completed only if a cotnpany name change or transfer of ownership has occurred. 10. TRANSFER OF OWNERSHP: This section should be completed by the former owner of the permit. Transfer of the permit(s) conveys to the new owner all responsibility, coverage and liability associated with the permit(s). Submission of a transfer of ownership application without a request for permit modification implies that no change is contemplated which would constitute a new or modified air pollution source. A written agreement containing a specific date for transfer of ownership permit will be accepted in lieu of completion of this section of this form. Submit completed applicatiun, APENs, and filing fee to the address below: APENS: More than one Air Pollutant Emission Notice (APEN) may be needed with this application. Only one application form needs to be complctcd. Multiple sources — An APEN is required for each source unless they may be groupcd as specified in Regulation No. 3, Part A, Section 11.13.4. Transfer pi -Ownership — An ADEN must bc submitted for each individual emission source to bc transferred. Name Change — if a company is changing its name only, and all other procedures and information as stated in the last submitted APEN remains unchanged, then only one APEN for each facility is required. FEES: Filing Pec: Permittee must suhmit $152.90 per APEN with the application. Permit Processing Fcc: Permittee will he invoiced at the rate of $59.98 per hour based on the amount of time spent reviewing the application and issuing the permit. invoices for APEN ices and permit processing fees must be paid before permit will bc issued. Once an application is received, all processing time will be charged regardless of whether a permit is issued or not. l f a project is cancelled, the division should he notified in writing intrnediatcly. Annual Fees: Annual fees will be billed for each source requiring an APEN to cover the costs of periodic inspections and administration. Annual fees arc based on the quantity and type of pollutants emitted. For specific information related to fees sec Regulation No. 3, Part A, Section V1. Mail completed application, APENs, and Fling fee to: Colorado Department of Public Health and Environment Air Pollution Control Division 4300 Cherry Creek Drive South, APCD-SS-B 1 Denver, Colorado 80246-1530 http://www.cdphe.state.co.us/ap/stationary.html Phone: (303) 692-3150 Revised August 2004 zx u�wrs: "PW� Town of New Castle 450 W. Main Street PO Box 90 New Castle, CO 81647 Administration Department Phone: (970) 984-231 I Faux: (970) 984-2716 www.newcastiecolorado.org Watershed Protection District Permit Application Authority: New Castle Municipal Code Chapter 13.40 Applicant Name: Gould Construction, Mark Gould Physical Address: 6874 Highway 82, Glenwood Springs, CO 81601 Mailing Address: P.O. Box 130 Glenwood Springs, CO 81602 Phone Number: (970) 945-7291 Fax Number: (970) 945-8371 E -Mail Address: mark@gouldconstruction.com Cell Phone Number: Name of owner of land upon which activity is to occur, if different from applicant: Robert & Kathleen Kuersten, c/o Stuver, Lemoine, & Clifton P.C. Physical Address: 120 \v. 3rd Street, Rifle, CO 81650 Mailing Address: 120 W. 3rd Street, Rifle, CO 81650 Phone Number: (970) 625-1887 Fax Number: (970) 625-4448 E -Mail Address: Cell Phone Number: Attach written authorization from landowner for the submission of this ap•lication. Legal description of the land upon which the activity is to occur: New Castle, CO 81647 North side of County Road 240, approximately four hundred feet east of the Super Bowl bowling alley General description of activity, e.g., ISDS installation, excavating, drilling operations, etc.: Temporary excavation and soil export activities to prepare site for development, "extraction and material handling of natural resources" See attached descriptions Attach the following (Note that the Town Engineer may waive certain requirements that are deemed unnecessary or overly burdensome with respect to a certain activity. The applicant must attach documentation of any such waiver.): 1. A written narrative describing the activity for which the permit is being sought, including a general identification of the environmental characteristics of the subject land and surrounding area. 2. A vicinity map showing the land on which the proposed development is to occur and all lots, tracts, parcels or other lands adjacent thereto, and illustrating any wetlands, lakes, ponds springs, watercourses or other bodies of water and water wells. Page 1 of 3 T:\Building and Planning\Watershed Protection\Permit Application.doc Watershed Protection District Permit Application Page 2 of 3 3. A boundary and improvements map or sketch of the land containing sufficient detail and drawn at a scale to accurately illustrate, review and assess the location of all proposed activity and existing structures, and illustrating the existing direction of slope (contours) and direction of surface runoff. A professionally prepared boundary and improvements survey may be required if the Town Engineer deems it necessary in order to adequately assess this application. 4. A listing and copy of all federal, state or local permits or approvals required or obtained for implementation of the activity. 5. A detailed description of the impacts or potential impacts the activity may have on any surface or subsurface water sources or courses, including wetlands. 6. A detailed description of the impacts or potential impacts the activity may have on existing vegetation, trees and groundcover. 7. A detailed description of the impacts or potential impacts the activity may have on soils, including a description of the nature and condition of existing soils and any planned grading, excavating, filling or surfacing. 8. A detailed description of the impacts or potential impacts the activity may have on existing drainage patterns and land contours, including comparative runoff and absorption calculations for the subject land and any impacted adjacent land, both pre- and post -development. 9. A detailed description of any proposed wastewater or sewage disposal system to be installed and a copy of the designed/engineered plans, including soils and percolation test results. 10.A detailed description of any proposed water supply/delivery system to be installed, including the water source and anticipated consumptive use, and a copy of the designed/engineered plans. 11.A detailed description and copy of any and all mitigation plans or measures addressing impacts resulting from the activity to surface and subsurface water sources, wetlands, vegetation and trees, soils, drainage and slopes. 12.The identification of any activity to be undertaken by the applicant as part of the development that presents, or may present, a foreseeable risk of pollution or injury to the Town's waterworks or district waters, along with a specific description of the best management practices designed to eliminate or minimize such risk(s) to the maximum extent feasible. 13.Such additional information deemed necessary to fully evaluate the proposed activity and/or demonstrate or explain why a watershed permit should be issued. 14.Application fee (non-refundable): ❑ Activity to take place on single-family residential property: $150 All other activity: $500 15.Deposit toward out-of-pocket costs (refundable upon cessation of activity) ❑ Activity to take place on single-family residential property: $150 ❑ All other activity: $1500 I acknowledge and agree to pay the Town of New Castle all out-of-pocket costs incurred by the Town in reviewing this application, including but not limited to the costs for engineering, legal, consulting, testing, inspection, publication and copying. Interest shall be paid at the rate of 1.5% per month on all balances not paid within thirty (30) days of the date of the statement. In the event the Town is forced to pursue collection T:\Building and Planning\Watershed Protection\Permit Application.doc Watershed Protection District Permit Application Page 3 of 3 of any amounts due and unpaid, the Town shall be entitled to collect all costs of collection in addition to the amount due and unpaid, including but not limited to reasonable attorney's fees and costs. Applicant: Landowner: Date: Date: Submit three (3) copies of this application to the town clerk no later than ninety (90) days prior to commencement of a proposed activity. No application shall be accepted, processed or approved unless and until it is complete and all fees have been paid. For Town Use Only Date application accepted: Date forwarded to Town Engineer: Application fee paid: $ Receipt No. Deposit paid: $ Receipt No. T:\Building and Planning\Watershed Protection\Permit Application.doc