HomeMy WebLinkAbout5.0 Satisfaction of ConditionsRECEIVED
ocT 2 0 2004
GAI?Fll.1tD CIOUNTY
BUII-Di[IG & PLANNING
319 POPERTIES, LLC.
45705HWY.6&24
GLENWOOD SPRINGS, CO. 81601
PHONE 970.947.9511
FAX 970.947.9233
e-mail llc3 I gpronerties(al)vahoo'com
October 18,2004
Mr. Jim Hardcastle
Garfield County Planning Departnent
108 8d'street Suite 201
Glenwood Springs, CO. 81601
RE: SPECIAL USE PERJVITT
CONDITIONS OF APPROVAL
Dear Mr. Hardcastle
The following and enclosed infomration is provided in order to meet the requirements for
the issuance of the Special use Permit foi the 319 Properties, LLC. on the 38'18 acre
parcel of land located offCR 319.
ITEMS #1 thrpush ,t6: These items require no action other than compliance'
ITEM #7: An updated site plan is attl!9d indicating.ft:,,2 Utlltlt-::Tl-:::
conditionalty upp.or.d. Any additional buildings requested will require Lt:I'::1.:r"l:lofUse Permit appiication to be submitted for considera}
r: r- -r r- L^ ^:-. --,1+L ^ +^+al nrrmkar apl,in order to remainat24
Ueto* X tot t users or 15 taps which if exceeded obtaining a state sYstem T
Creek
AaU
project uppti"utiq*dt"?o withdraum as
,ittr. fn" resulf of this withdrawal a9furt.-/ rIBIT
Speci Use
from the
from Stde of Colorado review as.gvidenced
included herewith as EXHIBIT B.
-Y--/'- i "''
Conservation District "orK*been revised toITEM #9: The West Divide W
include the uses requested. A coPY this contact is included herewith as E)GIIBIT C'
flo - P#/e"I FD
capacity system for the domestic water.
t$t'0,*//,N
5c<.a-lr-ir'z) &
ITEM #10: The Rifle Fire Protection District has been provided with the plans' desigg
and intended uses of this project in DC{IBIT D- As evidenced in DGIIBIT E ' the Rifle
Fire protection District #ll"continue to monitor the construction of the buildings and
water system to insure adequate fire standards are met'
ITEM #11: The colorado Division of wildlife has been provided with a wildlife
Report, E)C{IBIT F and the only response received to date is included as E)GIIBIT G'
ITEM #12: A Vegetation Repo-rt was provided to the Garfield County Vegetation
Management Departirent, EXHiBIT H;e the requested response is included herewith
Theproposedlandscapingplanisincludedontheplatsubmittedherewith
i irfo.rnution is provided in EXHIBIT J'
These items require compliance and no response is necessary'
In the event any additional information may be required please let me know and it will be
promptly Provided.
I
Singrely,
/ limmy'sitts
/
ITEM #I3:
and additi
-1€t-04 13'46 FROM. BALCO}IB & GEEEN PC
ELI
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DATE:
TO:
FAX NO:
FROIvI:
RE:
NUMBERC}F
PAGEs:
Teleohone: 970.945 65'16
Facsrmile 970.S15.8902
October 19,?frO1
]immy Sills
ie7ale47-9n3
Tigt Thrrlson
3 (including this cover.sheet)- Ii 1'ou have trouble receiving this fa:t'
Please refer to the attached'
Dear JirnmY:
I have aftached foryour review'a coPY oi the Notice of lYithdrawal of
Applica6on to be fl;d with tfie Garfietd Cour-rty Planning Deparbnent relevant tt'r th€
Marnrn Creek Comrnons SuMivision- If you hi're anY questions or concenls, please let
me knorv.
-19-04 13'48 FRO}I,E,ALCOMB & GREEN PC rD'970945€'90?
BALcoMB & Gxtrns, P'C'
;{TTOBI\iEYS Af LAv/
P-O- DXArt:tx 79O
8 18 CqLO]R/\DO AI.EIqL:E
.iT.aN\^/(}OD sPErNGs' coLoR^Do 8r603
Tsr.atrl.o1.:Er 9"O-9q5'65'6
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Octotrer 19,2004
Y tatr G
Or isur:,r:l:
KENX TH RALCOM?,
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ScOTt Br-corG
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SIR M. gu{H
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Jirn Hardcastle
Garfiel,J County Building and Planning
108 Eh st., ste. 201
Gleni,t'ood SPrings, CO 81601
Re:AppticaticrforPreliminarvPlarrfortheMammCreekComrrons
Subdivision
Dear Iim:
|rnrmy Stlls, as manager for Mamm Creek Commons, LLC (,,\rlamrn Creek.,), has
authonzed me to "o6fy y'"Jof its rvithdrar^'al of the Application above;le.ferenced' As
you are aw.are, lvlamrn-creek is the appli_cant under this Agptication r'vhich rvas
condiuonally opp*""a uy the Gatfiaa county Planning commission on september 8'
2004.
This rvithdrargal results from the following circu-mstances:
1. As approved by the Planning Commission, constrtrction of this proiect ts
simplynot {ea'sible. Furthermore, Mr.-SilIs is of the opinion that the extensive grahnE
requued instant to consruction of the access roads ri.pproued w'otrld quite simply scar
the hillside view in a mannel which is unacceptable to him; and
Z. The withdrawal of this Applicaton will r€solve the state system capaoty
peruritring issue which is presentfyfroUinguP constrrdol:-{ tly t""::louse sites
whichaxesubjectofthepiet'iousll'approved-L'azierspecialUsePermitApplication'
ln accordance with the above notificadon, Mamm Creekwould request that
ptarming staff take no ftrrther steps relevant to either schedrrling this ntatter before the
Board of fjounlv COmmissiorrers or conducting an)'referrals arrd/or revie$'s relevant
thereto.
BAr,coIr[B & (}R'EEN, P'C'
Al-IO&\I!YS '{f IJAav
N,k.lim Hardcastle
Garfield Countv Burlding and Planuing
October 19,20&l
Page 2
Should you have anY qT esuons o' concernE regarding any oi the abcve' please
feel free to contact me at yoru converuence'
Yery rulYyours,
BALCOMB & GREEN, P.C.
By
TimotityA. Thulson
cc: JimrnY Sills
rD,9?@s<ls€lslo2
t9-oq 13'46 FROr't'BALCOI'IB & GREEN PC
Etilraff B
1313 Sherman Street, Room 818
Denver, Colorado 80203
Phone (303) 866-358.1
FAX (303) 866-3s89
www.water'state'co us
--.-,rt i"!t1*U"dTY
P,tffi'"ffi[iurt]tt+tt'tsDtriu"" JulY 26' 2oo4
Lazier,RobertT. Special Use Permit ^
S'/rSE'hSec. 23, rtrZrtrEy' Sec' 26' ToS' R93W' 6th P'M'
W. Diuition 5, Water District 45
Bill Owens
Covernor
Creg E. Walcher
Executive Director
Hal D. SimPson, PE
State EnBineer
Jim Hardcastle
Garfield CountY Ptanning DePt
108 8th St Ste 201
Glenwood SPrings CO 81601
Dear Mr. Hardcastle:
Pursuant to the State Engineer's Ausust 1ll??l^Ii:::1'-*f.t:;:if,Y"f,l:iil5:"fl'."'Jst?
,n,, "lo[3'i3X'J"',ffi":i1-f"[[nJ'""flffii.';i1l;ii!'"; "?,1;,s:Plll*:;:"J;:Jl]?:::i;.:,Hl
S''
""f;'
"; i HJ:fi :'sJ:}ff 3.:;ill[i'i=r;i:;t fi ."j'inL i"t"'rar is ror a s pe cia r u se pe rmit'
unJJo"t not appear to qualify as a "subdivision"'
lfyouhaveanyquestionsinthismatter,pleasecontactmeatthisoffice.
CML: Lazier SPecial Use Permit'doc
Alan Martellaro, Division Engineer
f,EOFC
i
WEST DIVIDE WATER CONSERVANCY DISTRICT
TNg WEST FOURTI{ STREET P O'B,AX 1471''
RIFLE, coLoRADO 81650-1478
TELEPHoNT, rbiir?ii-s+s{ .FAx {e70} 62s-27e6
water(@vdwcd'org
August 26,2W4
Jirnmy Sills
319 Water ComPnY' LLC
457O5HwY 6 &24
Glenwood Spnngs, CO 81601
Dear Mr. Sills:
Enclosed is your approved amended contract #040219WC(a)' amending the water usage and the
numberof acre feetto 16'23'
SincerelY Yours,
Division No- 5 Water Resources denclosure
Kerry D. Sundeeru Hydrologist denclosrne
Etllrntr I
;'Gr"^* \fl"\addoax-
{*.rMaddock
Samuel B. Potter, President Kelty Couey' Vice President Robert J' Zanella' Secretar-v
LaVerne Starbuck' Treasurer Bruce E' \lYampler' Director
J
Mt.bawY20tN
,PLICATION T10 ,4*T EN DWATBR' I'BASE I]RO}T
osr DrvrnB WATER ffi{SERVANCT D^qTf,ICT
) WcstFoE& Strect' p'6]nox-f+28' Riflc' elorado t1650
Contract# M02l9WC(a)
Map tt491
Daie Activared AglM
Darc Amended 8n6lo4.
iffi;ffi'nryscdimlincsff""m* SZOO'
C0IIRT CASE #'s: Decree Cac No'
rugmrffitimPhn@No'
USE OX'WATER
ffi,_1qtffiT'Hll* .r.5
ilffi#i*tNo.mstnrcmarnis o No'vr
#ffiffi#J'ffi"Htrd.'ff#.ilffi"rahlummiryof o animals
Fire Protection
{l Shoring Agrcementfor multiple o*ner *ells masl be
hmitted-
coMMERcIAL (M ePPf bf b",t:]
hffi-{- t- orcomc'clat '*rs:Jcrtacc
INIDUSTRIAL
scri6im ofuse:
Wrnff,
6 I,AND ON WHICU WATER WII.L BE USEI)
fi-eat bqiPtiut -'Y|3Y*'U 6 0' edoad-)
.e-E: -€*-*raii' l'
;ffi ;;r,TvF""Pu'P-111a$1f*"-I'*,Xtffi;iail;"* -a *'ir -"t-t of diversirx of mv
Incluslon lnlo the Dilfiicl' ol Applicant's erpense' may be
reqaired.
7. TYPE OF SES'AGE STSTEM
I Se$ic tmUatsorftrlon leach feld ffCerilral sysEm fl0ttrcr
Districtr ncr
& VOLIIME OTI,EASED WATER NEEDM IN ACRE* iJii:."Tt, "-;..i (minimurn of I acre foot)
Provide engineering dott lo suPport wlume of woler re!:6led'
Commercial, mooi"ipoi' nnd industriot usen ntust provide
tlivenion ond consumplive dota on a monthl'f basis'
A rontizingflow meter wilh remote is required to be
inslalled ond usage reporled to lVesl Divide'
.4pplicant erpresstl' ac*nowledges il hos had lhe oppaflu"i$'to
reviertt the Dislric'l'slirn tttotir '4llotment Conlracl and agre6
this opplication * ."i"'pio'ant ond sabiect to the terms und
c on d itions co nla ined th erein'
iN'TiUCIPAL
scriPion ofuse:
SOIJRCE OFWATER
uctre: vn €t-i- sIucffie Nmc:
rnog: fl$nfrce EBmags rcrumd
s,*z
rrent Pcrmit#
Dfu€ct PumPing: Trihnarft
ApplicatimPar: flufi 18, 2c1ftf
AmlicdS*Ec
,o*^*rq,.Mffii-fr-n'r"*we@srRlcr
cation:
(ifryplicable)
ITTATToNoFSTRUCTURE ,1-- - 'r.-zi jr ( tr-1 ) G
il orutCIrrtcr ancr
319 WATER coMPAI\rY', L'I,C'
45705 EUrY' 6 &?A
omrwoon SPRTNGSL co' 81601
PHONE 970' 947' 9511
rlx yto'947'9233taAX 7tvt/''ctP
EMAIT llc3lgproperties@vahoo'com
August 18,2004
Ms. Janet Maddock
WJ Oiria" Water Conservancy Distict
P.O. Box 1478
Rifle, Colordo 81650
Re: 3l9lYeter Compenyn LLC' Erhibit A
Contrect * 040219IJVC (a)
DearMs- Maddock,
Enclmedherewithpleasefuddrylicatecopiesof-F-,APPuCATIoNToAIVIEI{D
wArER LEASE .d61*"rilr ;116; Cofi snnvaxii orirmcr' we are hopetuI
to be inctuded fo, *JJ*tio* *,f,""'I"*t t"U"a"f"a meeting ofthe disuict
As we discussed the uses intended for this contract at fiml development will inchrde:
r. 25 Residentiat .-its ircluding up to 4o00 sq. ft of lawn irrigation
2. a6 commercial units with aoaJerage size or+soo sq' ft' each
3. Fire Protection storage
4- Inigation;;"40i["rq- ft- for each of the comme,rcial buildings
we would appreciate an am€Ddln€nt to our existing contract ftat would be bd on th
amount of water th well appears_ ; *6,". iP": included a copy of the letter
provided bv Resoril efio"iilog I". ;FrdG a-Z+torn pmp t€st erclorm€d m this
well. The results ffi to indicate r;rfi;* L.u-p"a*ifo aumd zo'*= GPM' As a
measure taken in order to prevent tte-n#sity of a fiInrre ,m"notent we will appreciate
consideration of increasing o* *t ta-rp to i+n"tfe.g on an ann,al basis'
I rmderstand tbat the engineer for the district wiu first Galcutate ftt leqln1y. @ts for the
46 proposed *.."*lA buildings io o"ao to deffimire tbt ,se requiremenL The
secod calculation win id€ntiry tu" zs ,*it" for residentiar and landscaping use- In
addition to the r€sid€ntial f"** ittigatio" *.-.n"Ja ryly ini-gation usage for
approximdely lS4,mO sq- ft e;J 1o the 46 @;;€Jil-hfidings urye' Final
determination of fire sfiorage is upectea to be bttt""* lfl)'fi)O gaUo6 rry to 200'fi)O
gallons-
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It may talre some time before we rxp this amo,nt of ryater as most of tk development is
iust now being **io.*a o, ryg*#ui re cunt"rac""r(y folks' s-hould approvals
be obaine4 each use will be *.ffii;fr;iy. orco,^"-tt
-*tt poduction will bave
the main ffi€r rocated in fte
"-,
;il;'ffi wi& fte-requirerents of tte
district
The firc protmtion storage water ds to be fte first dority'
The 46 proposed @mm€rcial buildings include 3J5O tq:-ft-of *o,ryTllo'* and an
additional Z5o sq. ft- of office typ. space * uo-"'"*gu]-E'"h building will have L ln
battr aDd t- 3t4iut * the main d' ii is anticipai z i I emeloiees will $atrtre
office spffi for eacU t na-g. ft rn UaL ".fifu tat Ue "hop'rrtfur" sposc of
eee,h buitding b primrrity storrgp in neture' end es such' mter rcqdrcmc[ts
shou6 be mhin L TUb refcrcni shou16 ne consfrucA o i' prohibit repairs of
equipnont ctc.E-n b@ p*f".d h fu shoprtT*ry. -*^
I am sre lhey
will need a co*ple of bse bibs hr any *ding o^neratim will have to be designed to
use circulati"" Ji***u"a ody on alimitedbasisforthdtm-
As with most ftings &e final amomt of nrater and sc usc thereof will be eermired by
cost so, as soon as the *drr* iL rc dislrict can provide 6e-wATER usE
ESTIMATES and we can get - I,i*Llo" mnual t"ut"f-"io md I can determine
ufrat we can afford to do'
I need to revise orn well Pemit rm (copy irchff)-md will provirb Dtilight Whit€hd
with a *py orms bs*'",h I d..i-;;i a* p*.lia" Jim rrardcasb wi& fte Garfietd
Cr*ty Pi;nning Oeeartment aoopy forhis inforrration
Someday afterI g3tftis stutrsfiaightwirh eneryqe*e mticipateee nced to &ill a
second well on sis propcrty ," " #,p in case-of prmp faihre or uihatever- If lhis
needs to be addressed now let me know'
You know I rycciate all Se help yor U""t p--id on this pocess and I'm really glad
you didn,t hav; d*l wift it,-til-yoo ggt back ftom yor,' &u"',ed nmtion-
SincerelY Yours,l"'ry(- /24*7' J'
./ ri.-y srut
ffiING, lNc.
RECEIVED
P.O. Box 1301
Rifle, CO 81650
Tel 970-625-4933
Fax 970-625-4564
Cc:
GARFi[:LJ Cu,,N fy
BUILDING & PLANNINGAPriL25,2006
Mr. Robert Cribbs
Colorado Department of Public Health
222 Sotrth6th Street, Suite232
Grand Junction, Colorado 81501
Sincerely,
Christopher
RE: Mamm Creek Commons - Potable Water System
Dear Rob:
By way of this letter we are certiffing that the Mamm Creek Commons Water System
has been constructed and is currentiy in use as described in the water supply plans review
submittal package, approved by your office in a letter dated March 30,2006' The system'
u, upp.or"d, i; infinaea to
-supply up to 5-buildings, .4 of which are either fully
consiructed or under constructio" ut tfrit time. Water service to the fifth building, to be
located off of Grass Mesa Road, will be connected to the existing main water supply line
no closer that 572' of pipe distance from the water treatment pumphouse at ]he time of
building construction, as noted in the approval letter. It is our understanding that there is
no further approval required from the CDPHE for this water system.
Assuming that the two completed buildings each serve 4-regular on-site employees and a
similar number of transients, the total pofulation served is assumed to be approximately
16-people. As the additional buildings are occupied, the total population served is
expected to grow as described in the plins revie* trb.,,ittul package' The CDPHE will be
,oiifi"d when the total population, regular and transient, reaches 25.
If you have any questions, please do not hesitate to call 970-625-4933.
Jimmy Sills, Mamm Creek Commons
Mark Bean, Garfield County Building & Planning
Jim Rada, Garfield CountY Health
ColoradoHealth4.doc
Page 1 of 1
Andy Schwaller
From: AndY Schwaller
Sent: ThursdaY, APril06,2006 3:28 PM
To: 'JimmY Sills'
Cc: Mark Bean
Subiect: Mamm Creek Commons
Jimmy,
Thanks for the fax regarding the water related issues. Please note that the construction of the water system and
final certification of the as burTf system needi to be approved by the state prior to any.permits being issued for
this property. The localfire district will also have to do a flow test and insp'ect the equipment installation as well'
Any occupancy of the present buildings prior to a C.O. is a violation of the building code' ln addition, there is a
possibility that none of'lfrese propertiSs will have insurance coverage if they are illegally occupied'
We look forward to hearing from you soon on these issues'
Sincerely,
Andy Schwaller, Building Official
Garfield CountY, CO
970.945.8212
4nt2006
JIMMY 5ILL5 PAGE AL
A4/06/ZAOE 1"2:59'22"q"?+7:?.?.3_..
RECEIVED
APR 0 6 2006
GARFIELO cou_lllI
BUILDING & PLANNING
Bill Collins
970.94s.1014
DATE:
TO:
FAXNUMBER:
FROM;
TIAMM CREEK COMMONS, LLC'
0539 JB COIIRT
GLENW00D SPRINGS' co' s1601
PH0NE e70. 928. tt8z
rAx w0.928'7719
Don Scurrow
970.945.8664
Jimmy Sills
970.928.8882
F,.,,,A q , s ..I M ,,r L ..H
April 6' 2006
AfldV Schwaller
384-3470
Jimmy Sills
NUMBEROF PAGES: 3 inoluding this covet
MFERENCE:
Hey Andy,
WaH System
lvc have received and I am irclnding the state appmval on.the domc*ic water sy$tsm'
We ha"" also r+piped the firc main tL a 10 inch fi* *n addsd fire hydrams as requirod
by Mike Morgan- We arc trying to get the fire district out to do thc flow test and
inspection Eo they *r, *ig, oif o-n tniie* as well. Hopefully this will gct dono no later
thsil h,Ioodry bril thcy do ftings at theu olrm pace'
Srrre will be gld ufuen all this gets finalized'
$inperely,
Jimmy Sills
Page 1 of 1
Andy Schwaller
From: JimmySills[jsills@rof'net]
Sent: FridaY, APril07,2006 7:23 AM
To: AndY Schwaller
Subiect: Rifle ProPertY
Good Morning AndY,
Thanks for the e-mail, I was not aware of the final certificate needed f rom the state on the water system' The
system is constructed ilil;it. the design submitted so the as builts are not a problem'l will have the
engineers follow up and obtain the the ceftificate'
Mark Hayes with colorado River Engineering has been contracted with in order to keep the water system in
compliance with oocurnenlation filinjs ,no o"p"iition requirements. He has been doing scheduled inspections on
the system for a coupie of montns n-o* anOla1es care of the chemicals as we certainly understand the
importance of a safe water sYstem.
The fire system as builts will be provided to Mike Morgan by the engineers. They worked with the fire district on
the design so I expect no problems with this concern'
I am looking foward to getting these issues finalized in the near future and appriciate the county working with me
until I do get things right.
Thanks,
Jimmy Sills
4U12006
."_.:I]NILY. srLLS
STATE OF COLORADP
PAGE A2
84/A6/2A86 L2253 9109479233
Bill Owens, Govcmor
Dcnnig E. Ellis, Exec$ivc Director
Drdlcat.d to protscilnE ild tfipavi^E thc heahh end cn.,,,lffizm oliln peopla of Colomdo
43o0 Cherry Creek Drive South
Dcnvcr, CO 80246'1530
Phone (303) 692-2000
TDD Liue (303) 591'7700
Locatc<! in Glendale, Colorado
http : //www. c dP he. s tat e. c o.us
March 30,2006
M-amm"Crebk Commoui
Attn.: IMr. JimmY Sills, Manager
45705 Hwy 6&24
Glenwood SPrings, CO 81601
Colorado River Engineoring, Inc
Attn.: CluistoPhet Manera, P'E.
P,O. Box 12301
Rifle, CO 81650
6rand Junction Regional Offtce
222 South 6e Street, Room 232
Graud Junction' Colorado 8 150 l-2768
Fa,x (9?0) 248'7198
Colorado DcPgrtmcnt
of Publio Haalth
nnd Envirorttteit
Re: Plans and Specifications Approval forthe Mamm Creek Commons, TransientNon'Community Watu
Systom, PWSID# CO-FENDING, Garfield County
Dear Mr. Sills, and Mr. Msflera:
The drinking water plans for the Mamm Creek Commons Transient Non-Community Water System' receivod
il--*fiili006, and March 17, 2006, werc rcviewed in accordance with Article 1.1 1.2 of the colorado
primary Drinki4g,,)varer Regulaiions, and tho ColQr,+do Design Criteria for Potable Water Systems, and aro
hereby approved.
The approval is for the following;
Groundwater Treafineilt Facility
Hypochlorination Disinfection System
Ciriorin" Contact/Dedicated PIu[ Flow Pipelfin e = 572-ft 6" pipe : E4o-gallons
Chlorine Contact Time = 840-gallons/28-gpm X A/T factor 1.0 = 3O-minutes
Lazier Sills well #2 - Grourrd water woll - Permit No. 61926F
Upou completion of construction, q written ceftlllcatlon from your engineering firm stating that the
ru*urty w"* nrtlt ns approved by thia oflice murt be submitted to the Department'
JIMMY SILLS
Mark Kadnuck, P.E., D.E., Technical Service Unit, WQCD
R. Cribbs
.. r , '') (''/ I)L\x------*
!
Tom Schaffer, P.E.
West Slope Supervisor
Water Quality Control Division
PAGE 0304/96/2A66 12: S 9709479233
In accordqlce widr , the wator qualrty monitoring shall
commence rro tutur tt * "io*es nuUtic' reaching 15 taps or serving
twenty-five poople tor sixty or more O"vt p* vi'''
-io"
'1t" y:lfy this office in writing when the weter
evstenl EeetB the defidtion of ls tapo o, .*i* t**nty-five individuds for sixty dep pcr yerr' Faiture to
llllB, iffi;#;r-;ilr ;*h in a violatioo oi,ii colorado fimary Dd+kins watel'Resulationq'
under current regulation, when tho water system becomes Public, it will be classified as a small water systom
roquiring a minimum of ihe small water system water treatment certiftcation in direct charge of the water
treatment facility. The small water systerir;ti;;; "o*uin.t the water treatrnent certifioation and class I
oistribution cerlification into a single test snd certificate.
Any point souroe discharges of water from your fac.i.liq are potentially subject to a disoharge permit under the
state Discharge permit systern. Any point sowce disiharges to stata wateis without a permit are subject to
sivil ofrcriminal errforcemorrt action. Ifdri; f-tiitty n"; t, discharges without petmia; you are rcquired to--
oontact the water Quality control uivision, p.r*it, *a enforcemJnt section, it lroll 692-3500, regarding
permit requirements.
please note that Article 12 of the Cotorado Primary Drinkine+E$er8s require the redused pressuro
backflowpro,"ntiondsviccbeteitedonnedatleastannuallythereafter,by
a Certified cross-Connection Contol technician. The annual testing and maintetlance records of the
containment dovice must be retained'
Attached to this letter you will fmd a Customer Satisfaction Survey, w_e would greatly appreciate.il ff you
would take a few momonts to compleb tt i. .u*"y and rehrrn it to us' simply fill9ut the form' fold it
according to the di'ieclio.r, ur,a arcp it in the mail. The postage is already paid! Thank you for your time'
If you have any questions, please call Robert cribbs at (970) 248-1199'
Environmeutfll hotection Specialist
Water Quallty Control Division
Enc, To Mark Hayes and Ckistopher Manera: SurvYy Form
CC: Jim Rada, Garfield County Health Department
Erica Kannely/Denver File, CADM, WQCD
'., t-rlr-TIII-ITIIITIIIilrrr
FIESOUFIGE
ENGINEEFIINGi rNc
Mr. JimmY Sills Deember 29'2W3
45705!firY6&24
Gbnwood SPrings @ 81601
RE: RineProPertYWaterWell
Dear JimmY:
on september 11, Z)ffi Resor.rce EngiEet[rg lnc- (RE-$uRCE) srpervised a21Jlfln
pump test onewel tocated on the rr;ty;!iht"{ of.he Garfie5 Gounty Airport near
Riffe, (acrud plrnptng tim wre 4 !dl, no .irrrtol- The nrecrred p1'Intping rate
rras 23 grpm for u[-n;Jlgao ,nan,6'-ina ii gpr,'or tre finar 20 minutes- welt
re@rrery data was ;;.i"d tq 72hr^. A "et
d-ri'der tf-mv samples refe ootecied
at the erd of g,E p.-ifi pttt"O
""O ".tt to AGZ 1*ordoritrs tur a'4y1*s-
TrE initial 1340 minutes d ptrmping resulbd in a t&l drarrrdorrn of 26' 1o from a
beginnirlB sbilic WA A Zt i. bdr"-0t" t p * ming to a lerrcd of 51' f' The l6t 20
minutes d prrnplrg lorrered x1e ffi;;-a1 "a61i[d l1y 11y 19 6A 5' bdil tte top
of casing. Wilhin 6 fr.r. of pgmp sild fte xEn had recorered to 26' 3, which b
97.6i% d ffE tOtal &arrdorn. After 72 hotrs fte rell rd reovered to orrer 9906 0f
drawdontn.
The totat deil,r d o|e riEt b Ie? ft€t with an araffi eaudouln d sout lU Get TIE
24 hour dranuerrn of iZ; f .q.* onty abogt 2996 d ana6b 6.ardoutn'
A copy of fte pump tesfi dda b ecfied along with a gr4h stroudng ff|e actual
drildown over tinre on semi{ng "*b ,rri0, &iaoouln in fieet m rre vertical axis and
tirne on 6ne @ ""d" froartna ;d". A Gord g.Ph b *o ectred r]hidl sltous lte
residuat dr-rdrr,rr};..ry, of f,e rell- The irrc graehs "hq" Urat ffre we[ is
dweto@ tn an .qr't-;,itf'*rm"ing b.rrrdrt99, tt ]Ea rrore than one drawdown
slope which ilr.fi*i; that re me irfruence d rre pmr*ru epands it reaches a
confining rcne urlricfi decre*es tte yieH'
Based on our anafisis of &e pu]np test re oordude ff|at this trell will Eot provide a
reliabb tong tg5.m ffi "f 35 ;;.' Hffit"r, fie $dl can be pgmped at^ 35 gpm for
;-t;J"& d ff; iA h",a.s? bss) to[ored by-eetiods d eg1;d or $eder te@r'ery'
We recomrnefil ; ;,"r@ yieH oi fl1,(XtQ g#ns per day be used for p*arming
purposes.
The uyater sanses cokcned on septereer 11, 2(m refe u@ fur a crrc sim
of the Colorado DtirddrgWder p*it t"t"r= inci*tg ln€f,als. fhere wG no an4/sb fur
ofiform bffia, lrowever, presene offt*s oorremlent is highly unlik€fy- in a de@ well
;J, #;ro"r.t, "in t teadd wiEr cfih,rinatftrn orodrerdisinEc{itlg techniques.
All of the paranreners tesbd we either rndeGcied or defiected at leveb bebrr' trE
cobrado D"p"rt r-tt d Ftsfic ]H0l and Erwirorrnent (cDF]lE) ilatdmwn
Gontaminant L-evel (i,lCL). A aopy of the laboratory report fuorn ACZ Laboatory is
Coneutdng Engineerrs and F\adrologisus
9EE} .olonado Awenrre I Glenvrrorrcl Snrinrrs l-lf-l Fl,t Rr-r,| I roTrTr o./.-:e-2.-,.2 - E^.. m-.^ a.e .. &
Mr. Jimmy Sills
Pqe2ot2
December 29,20o3
attached. lt must be noted, horelrer, thd prbr to prwifng rabr via a ptfi'}Ec water
system yor.r murst obtain Cp*tg appronal of the nater fednent, storagre and delivery
system rqardless d tre resufrs of ttb water qt a[ty test
tn summary, it b our ophbn Urat tte su$ect rrdl can pturide a plrysil:d stpply of wder
for domestii t*e up to 3O,(XX) g,lorls p* 6.y. Thb concir.rsion b bffied on existing
,qrif* and wett co*illitions and ue cannot gtffintee ffi Ulese condtions will continue
in thefutwe.
Sincerely,
PSB/mmm
9g)-1.0
E:\tcfienn9g0p prrrp test gq).doc
Attachment
GC: David Hallford, Esq. w/o attachment
Bussone, P.E.
:iiiitrlESOUtrICEl!:!! .
EXHIBIT B
ProPertY DescriPtion
The south one-half of the soulheast one-quarter (s ln!Ev4) of section B' and'the North
one-half of the Northeast one-q,ra*er t$ rA Ni V+l of Section Zi' Township 5 South'
Range 93 West of tt
"
O*, Prhdial Meridian, County of Garfield' State of Colorado'
Excepting therefnom that portion Tl*y.a t9 the c-ounty of G"fi1qg road purposes by
Warranty p"gd recorded'in Book 7g,P;8e588, as Reception No.3%77'
And subject to a 60-foot wide easement r"rrq"q^glP"ses granted by the instrument
;;;At" Book 694 r"ge 885, as Reception No' 325720'
And excepting a 3s.00 acre tract of land loated in the North rfz of the NE v4 of section zi,
fiS, ng3w, Oin p.Ut- being more particularly decribed as follows:
Beginning at the southeast cCImer of the NE U4 NE U4 of section ?6,T65,R93W' 6th P'M'
(Being 191i1 Brass c.p rs ffi8r16) from whictr the East u4 corner of said section bears
fnx,fffi,g7^ E :t3165r6.ir.g a tgi+County Sunreyor GP),U.9nT #9,,4(JZg" W along the
South line of the North 112 NE U4ofsaid-Section-lSy3'6 to the Fast line of County Road
#il[*therrce N25i?5'05" E along the said road tine 4{n-fiD thence N8r4029'E parallel to
thesaid Southlineof theNorttr 12NE V4395'88'totheWestlineof thesaidNEV4NE U4;
thence N01'0011' W along the said West line of the NE V4 NE 1146lB; thence N894{I2ff
E parallel to the said Soudr line of tlre North 12 NE Wt3222g to the East line of the said
Gla NE U4; thence S001SZ'02" E along the said East line of the NE V4 NE U4 IU?AVJ to
the point of @iruring. Basis of bearin[s is the East line of t]re SE U4 of said Section which
is taien from igbUJp*itiorrirrg satellite observation to bear N0f4714'W a distance of
?fi34..Ol,1tre SoiUreasi @rner oisria Section being a lfftl caP 15 15S{6)- Contains 35'm
acres more or less-
a
.1
319 PoPERTIES' Lrrc'
45705 HW''r- 6 &u
GLENWOOID SPRING$ OO. tI6Ol
PITONE no.w-!t'llx'Ax 910.947-yt33
Etantr O
e-meil llc3 l gpronerties@vahoo'com
October 15,2004
Mr. Mike Morgan
Rifle Fire Protmtion District
1850 Railroad Avenue
Rifle, Colorado 81650
RE: SUP & BUILDING PERntrT
rIRE PROTECTION STA}TDARDS
DearMike,
Enclosed herewith please fid mpies of the^plms Pbt"itn"d to G'rfield Cormty for a
building p"rrrrir- in" *ora.r"tiol-itz -q000 tq' ft" buildingp These buildings will be
built on the sites conditionally approved for a suP on lands located offcR 319'
The fire hydrant location is indicated on the plans fol Vorn revigw an! tyation aproval'
please let me know if this l*"fi;ir ok with^you as it-can be relocated sbould you desire'
Additionalhydrarrtswillbeinstalledinttleeventotherbuildingsareeverapproved
through the CountY'
storage for fire protection will exceed tre 180,fi)0 gallons minimtrn requirements
and also "*"""a'n " flow requireme,nts of l50o GPM at 20 psr-
As constnrction moves forward we will keep you updated on the progr€ss and request
your inspection of the construction periodically'
Thanks for your help on this project so far and feel free to contact me in the event
additional information may be desired'
SincerelY,
-rt - -<-z 7/-as-zz
./.' limmy Sills
Rrl.e Hne PnorEGTIot-t Dtsrnrcr
August I l, 2004
Garfield County. Building and Plaruing
Attention: .l'tm Hardcartl c
toE 8ft Smcel, Suite 201
Glenwood SPrinEP, Colorado El60l
Reference: Robert' T, Lazier Commsrcial Propertios
MikeMorfan
Chief
Telephone (970) 625-1 243
185O Railroad A\€nue '
Nrr. Hardcasde,
Thc Rifle Fire Protestion District has rceeived ud rwien'ed tF RrelinrinaV araynqs ja
tt" noU*tt f,*rio CommtlpiA ProPsrties. In tlpgc drawings tbe dcrcloper has strown a
rryater supply that *iff e"c".d ttp m:nitn !n fue pnotection-uater sr4ryly requiremeots of
th€ Di#;?tm,ooo sallon rriomumi
r forward the District wll require approval of hyirant locaitrns and
minimum fire flow ,"q"ir-t*it of l5t[ gallons pcr minure at 2o pai restdualJrcssuF'
l"
"nafti"rr,
as thcsc are minimum thc District will rcqure rev,.ew oI.
individual ttn ot** OrdStUu Urifairs Pgflirit process to iosrue adequate fire protcction
standards are met.
Thank you and feel froe to costact me if I ,xn be of fur&er assislancc'
Sincercly,
a ^ -JEIUBTE
' Fax (970) 62F2963
Rifle, Colorado 8:l650
319 POPERTIES, LLC.
45705 HWY. 6 &24
GLEI\IWOOD SPRINGS, CO. 81601
PHOI\-E 970.947.9511
FAX 970.947.9233
e-mail llc3 l grrroperties@vahoo.com
September 17,2004
Mr. Brett Ackerman
Division of Wildlife
6060 Broadway
Denver, Colorado 80216
tr
RE: SPECIAL USE PERMIT
WILDLIFE REPORT
Dear Mr. Ackerman,
The 319 Properties, LLC. has purchased a 38.18 acre parcel of land located about I mile
south of the bounty airport orr-CR-ltg. This property was recently approved for a Special
Use Permit as submitted in an application as the Lazier SUP.
As a condition of approval we are required to obtain a letter from you noting satisfactory
compliance, mitigaiion actions, security or any other requirements you may recommend
for itre 2 buildings we have obtained approval for. ffis information needs to be provided
to Jim Hardcastli and copied to the 319 Properties, LLC. at the above address.
Mr. Dean Riggs provided Jim Hardcastle with a memorandum dated August 02,2004
(copy attached) which seems to indicate the DOW has no issues with the project. I think
ji- it*d"ustle just desires a letter from a local representative veriffing this.
In November of 2003 Kirk Beattie conducted a review of the 160 acre parcel originally
purchased by Lazier and myself in 1978. This report (copy attached) was prepared for the
iutr*n, Creek Commons project but included the total 160 acres. Kirk is on vacation right
now however upon his reium I will request he provide you with verification of this fact.
The project we are moving forward with includes construction of 2 separate 9,000 square
feet tuiiahgs. National OltWett is the lessee of building 2 which wilt be constructed on
2.25 acresand Brandt/Varco will be the lessee of building 3 located on2.20 acres. I have
included site specific information on these locations. For an overall view of the location
for these two sites I have also included an 8ll2 x 1 1 site plan which shows their location.
In general terms these sites will include a graveled storage yard which
landscaping features outside ofthe fenced area. A copy of our letter
dated July 6, 2004 is provided indicating additional information of the
As you can see we plan to build a quality project that will be benel
lessee's but to the land as well. It is equally important that wildlife is
possible and we believe this design accomplishes this goal. Our long t
atotalof 9 buildings each on approximately 2 acte sites. This works
be fenced and
to Jim Hardcastle
not only to the
as little as
plans indicates
to about 18 of
the 38 acres being developed with the remaining 20 acres open for ife corridors.
The final result of all of this is that I need to know what I can do in to obtain the
required compliance letter from you to Jim Hardcastle. Hopefully we
the very near future.
Sincerely,
Jimmy Sills
work this out in
i srlre oF coLoRADo
Bill Oqrrens, Govemor#;firfiirr oF NAn'RAL EsouRcEs
iivi5iott o-EWILDLIFE
t' iouer- opponruNrY ETFLoYIR
Brrre i,lcCbskeY' Diredor
6ffiOBroaduaY
Derwer. Cobrado 8U216
TelePhone: (303) 297-1 192
Ex///B/r4
RECETVED
AU6 0 2 2001
ForWdfifc-
ForPeoPh
,"##ffirBudingandprannin-#,1[?"ffiffi
108 8s Sftet, Site 201
Glenwood SPrings, CO 81601
RE: Land Use Comment for319 properties
Dear Mr. Hardcastle:
Tharikyou for theupdatedpacketiletailinglandscapc*"ryd"t *"mdebytk comrnissioncf,sregarding tbe
3 r 9 properties. The c"r"rfi, pi"iso, oiwirarii"ireer."i",o t op,port-ity p lnoria" input m lad use issues
in Garfield cormty. The srpplerrntal i.roil^-r-, dok oot ir*|"a"'iv tretit""" to the sigfoal plan that would
Lve substantial irnpacts to wildlife'
Thankyoufortheopportmrtyb_T_*T*lont'isimportantlanduseissreinGar'erdcorrrty-
Pleasefeelfreeto
conbct DwM Brett Ackerman (Rifle s""th);;urdi"g this or any other wildlife issrre'
SincerelY,
Eeililrt,sti //
i..'' .i '
f.)**/,4"fr
Dean Riggs
AreaWildtife Manager
cc: Ron Velarde
Brett Ackerman
Q70i.94s-8212
(970) 38+3740
319 POPERTIES, LLC.
45705 HWY. 6 &24
GLEI\TWOOD SPRINGS, CO. 81601
PHONE 970.947.9511
FAX 970.947.9233
e-mail llc3 I 9properties@vahoo.com
Etttrar /September 17,2004
Mr. Steve Anthony
Garfield County Road & Bridge Department
P.O. Box 426
Rifle Colorado 81650
RE: SPECIAL USE PERMIT
VEGETATION REQUIREMENTS
Dear Mr. Anthony,
The 319 Properties, LLC. has purchased a 38.18 acre parcel of land located about I mile
south of the bounty airport on CR-319. This property was recently approved for a Special
Use Permit as submitted in an application as the Lazier SUP.
As a condition of approval we are required to obtain a letter from you noting satisfactory
compliance, mitigati,on actions, security or any other requirements you may recommend
for the 2 buildings we have obtained approval for. This information needs to be provided
to Jim Hardcastle and copied to the 319 Properties, LLC. at the above address.
You provided Jim Hardcastle with a memorandum dated luly 27,2004 (copy attached)
requesting a vegetation report be provided.
In November of 2003 Kirk Beattie conducted a review of the 160 acre parcel originally
purchased by Lazier and myself in 1978. This report (copy attached) was prepared for the
Mu-- Creek Commons project but included the total 160 acres. Kirk is on vacation right
now however upon his retum I will request he provide you with verification of this fact.
The project we are moving forward with includes construction of 2 separate 9,000 square
feet buildings. National OilWell is the lessee of building 2 which will be constructed on
2.25 acres and Brandt/Varco will be the lessee of builrling 3 located on2.20 acres. I have
included site specific information on these locations. For an overall view of the location
for these two sites I have also included an 8ll2 x l l site plan which shows their location.
In general terms these sites will include a graveled storage yard which will be fenced and
landscaping features outside of the fenced area. A copy of our letter to Jim Hardcastle
dated July 6, 2004 isprovided indicating additional information of the landscaping.
As you can see we plan to build a quallty project that will be beneficial not only to the
lessee's but to the land as well. Of course the landscaping items can not be installed until
the actual buildings are in place. This creates a problem with getting the issuances of the
Special Use Permit as the buildings cannot be permitted for until the SUP is finalized.
the final result of atl of this is that I need to know what I can do in order to obtain the
required compliance letter from you to Jim Hardcastle. Hopefully we can work this out in
the very near future.
Sincerely,
Jimmy Sills
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Subject: Lazier SUP
Date: Wed, 22 Sep 2004 11:50:32 -0600
From: "Steve Anthony" <santhony@garfield-county.com> t eaO to Address Book
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Check Yout
For Free
9200K loarr for
only $690/month I
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Jimmy Sills has provided details and addressed my concerns on the Vegetation and
Landscaping for the Lazier SUP. Those were the issues I had in W 7127104 memo to you.
Steve
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fr
SorthLInk'
Jimmy Sills
45705 Hwy. 6 &24
Glenwood Sprinp, Colorado 81601
Phone 970.947.9511
Fax 970. 947.9233
ExarctrdJuly 6,2004
Ivh. Jim Hardcastle
Garfield County Building and Planning Department
108 8n'StreeL Suite 201
Glenwood Springs, Colorado 81601
RE: Lazier Speciat Use Permit
DearJim,
As indicated within Tab 6 of the Special Use Permit application additional information is
provided herewith for the landscape issues of this project. In general, three (3) different
types of landscaping is being proposed for approval by the Commissioners as:
Maintained Lawns: For each building an area of approximately 1000 sq.ft.will be
dedicated as a maintained lawn. The proposed location for this feature shall be at or near
the access point to each business. It is requested that as a part of this area a signage
indicating the tenant and address of the building be included on a four (4) foot tall by
eight (8) foot long monument. This proposed monument should be constnrcted using the
moss-covercd rocks from the site. Although it is important to maintain the overall natural
appearance of the property it is believed this feature can be provided with minimum
impact. It will be the property owrers' responsibility to maintain this area as well as the
other two landscaped areas proposed.
CR 319 Frontase: At a minimum an area 10 feet in width shall be constructed including
sections of river rocks into ttre property boundaries from the CR 319 R.O.W. This feature
shall extend through the entire north/south distance ofthe leased site. Trees and shrubs
consistent with the detail provided will be included in the areas of the river rock section.
The river rocks will be placed on a material designed to prevent weeds. The space
between the river rock plantings will be seeded with a low to medium height grass that
will not require watering, mowing or otherwise maintained. Lessees of the site may
construct fencing behind this area for security pu{poses pursuant to the requirements
Ir.) &,-^L(uo u*k l" " 4 LL.*-Y4;7, o6azp
L
Landscaped bems: The storage yard arsa.s are to be graveled with weed control being
@ lessee ard or"rs"en by the property owner. It will be required
that thi storage areas and the items store{ are maintained in an orderly manner. Within
the storage *"*, berms shall be constructed which are 3 to 4 feet in height. It is
anticipatfo these berms will be around 20 to 30 feet in length and irregular in shape. Low
to *"di *, height grasses will be planted that require little if any water requiremrcnts in
orderto b" p-p"rty maintained. Obscuring fencing, which may vinyl, shall be installed
on the berm up to 5 feet in height.
The proposed development of this property shall first and foremost consider the visual
i-pr"t of aA;acent and area landowners. It can certainly be included in the conditions of
apirovat foiAe Special Use Permit that landscaping as identified in this letter including
thi attachments shall be required to be constructed and maintained as stated.
Attachments are included herewith indicating the design of these items for buildings 2
and 3. Each building p€rmit application shall include similar attachme'nts applicable to
the site.
Sincerely,
Jimmy Sills
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Subject: Lazier SUP
F rom : "J im Ha rdcastle" <j hardcastle@g arfield-cou nty. com>
To: <sandw@sopris. net>
Mr. Scarrow,
First, let me apologize for the miscommunication at the beginning of our
conversation. I am enthusiastic about the work I do for the county and
I am here to help you in any way. Just feeling a bit under-the-weather
today.
Second, attached is the staff report with the conditions necessary for
issuance of the SUP. I have not created the Resolution as I am behind
on several projects and I have not accomplished this. However I will
incorporate this staff report and the conditions found within into a
Resolution at the first opportunity in November and place it on a BOCC
agenda. lwill then send you, Mr. Sills and his legal counsel a copy of
this action.
<<Lazier BOCC SR 2nd Con't Cond of Approve.doc>>
Thanks for your patience; I look fonryard to working with you on this and
other projects.
Jim
Jim Hardcastle
Senior Planner
Garfield County
Building and Planning
108 8th Street, Suite 201
Glenwood Springs, CO 80601
970-945-8212
Lazier BOCC SR 2nd Con't Cond of Approve.doc
Printed for Don Scarrow <sandw@,sopris.net>1011412004
STATE OF COLORADO
Bill Owens, Governor
DEPARTMENT OF NATURAL RESOURCES
Scott Hoover
Ron Velarde
Brett Ackerman
ocl 2 I 2004
AN EOUAL OPPORTUNIW EMPLOYER
Bruce McCloskey, Director
6O6O Broadway
Denver, Colorado 8O216
Telephone: (3O3) 297-1 192
Jim Hardcastle
Garfield County Building and Planning Department
108 8'h Street, Site 201
Glenwood Springs, CO 81601
(970) 945-8212
(e70) 384-3740
i hardcastle@ garfield-county. com
DIVISION OF WILDLIFE
Sincerely,DN
V-/Zb/b- //Oi-a
Dean Rifrs / /-
Area lVildlife Manager
ForW1ldlife-
For People
October 22,2004
RE: Land Use Comment for 319 properties
Dear Mr. Hardcastle:
Thanl you for the updated packet detailing landscape recommendations made by the commissioners regarding the 319
properties. including the complete wildlife plan for the development. The Colorado Division of Wildlife appreciates
the opportunity to provide input on land use issues in Garfield County. The supplemental information does not
include any alterations to the original plan that would have substantial impacts to wildlife.
Thank you for the opportunity to comment on this important land use issue in Garfield County. Please feel free to
contact DWM Brett Ackerman (Rifle South) regarding this or any other wildlife issue.
DEPARTMENT OF NATURAL RESOURCES, Russell George, Executive Director
WILDLIFE COMMISSION, Philip James, Chair . Jeffrey Crawford, Vice-Chair . Brad Phelps, Secretary
Members, Bernard Black . Tom Burke . Rick Enstrom . Claire O'Neal . Robert Shoemaker . Ken Torres
Ex Officio Members, Russell George and Don Ament
ffi
Rrrue FrnE PnorecrrcN Dlsrntcr
November 1,2004
Garfreld County Building and Planning
Attention: Jim Hardcastle
108 8d'Steet, Suite 201
Glenwood Spnngs, Colorado 81601
Reference: Mamm Creek Properties
Mr. Hardcastle,
The Rifle Fire Protection Disuicr has reviewed the Building Permit application for the
Mamm Creek propettics to construct two comrn€rcial buildings of approximately 9000
square fm'each- I have discussed these iterns wilh [dr. DOn Scarrow of Scarrow and
Walker Inc. and with Mr. Andy Schwaller aswell.
In review of the applicatioq the District woula have tbe following comments:
l. Buildings are to meet aII applicable sections of the 2003 IFC and IBC.
2. The Distict will require acccptance testing and final approval of the fire
protection water supply prior to issuance of a'certificate of occupancl'.
3. irer plans, hydrant locations appear to be adequate. The District would IikE to field
veriry locations prior to installation.
Thank you and feel free to contact me if you have any additional questions or comrnents.
Sincerely,
Mike Morgan
Chief
Telephone (970) 625-1243
1850 Railroad Avenue .
. Fax (970) 625-2963
Rifle, Colorado 81650
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Gaffeld County Building & Planning
AJ[anticn: Jim Handmtle
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IPPLICATION TO,4 I*T E N D WAITR LEASE^IIROM
ff/IIST-I)TVDE WATER CONSERVANCY DISTRICT
iils w*, i.rtttt Street, P. O' Box 1478' Rifls Colorado 81650
Contract # 0a0219WC(a)
Map #491
Date ActivatedZll9l04
Date Amended 8126104
i. errr,tcervr rNroRMATroN
Elevation 5 7Of'' '
Well location address:
6ii"n addit ional pages for nrultipl e stL'ttctwes)
Z. COIIRT CASE #'s: Decree Case No'
Augmentation Plan Case No'
3. USEOFWATER
f RESIDENTIAL (check appticaUte !oxg); a;di"rryh"*enoia use ri'i*t"t ofdwetlines: Z'fl,r-.
" "3 SuMivision: No- constructed rmis: p No' vacant lots: *A'')
J nor" garden/Iawn irrigation of t+inna sq'.ft'
Gil-r?lrrigation: D fl-ood E sprinliler tr drip tr other
511""-**""."i4 animal wateringof Cr animals
I Fire Frotection
lf"etl Strafittg rlgrcenrcnt-for nmltiple o*'uet *ells ttrttsl l'te
ruhrttilted-
E COMMERCIAL (check applicable boxes)
ilr-Grli*it": r*a Total sq. ft of commercial tmits:ilr?drf'
il INDUSTRIAL
Description of use:
6. LANI} ON WHICH WATER WIII BE USEI)
(Legal description mal b3ltrovided as an dtachment')
<€i; 'gr'.|*.l'F.r{ .fi
frGG o-bo or."..s in tract I 2-.5 ft'rlpErL
lnclusion inlo lhe Districi, tt! 'Applicatrt't e'\pense' nmt he
rcquired.
7. TYPE OT SEWAGE SYSTEM
S Septic tanlrr/absorption leach field DCentral system trOther
District name:
& VOLT'ME OF LEASED WATER I{EEDED IN ACRE
FEET: / b " ;z.n (minimr;rnl^of I acrefoot)
Prot,ide enghteering dato to sapPort l,olunrc o!lqaler requesled.-Corr,rrrniit, nuniipal, ond iidustrisl users nrttsl protitlt
diversion tnd consumplive tlolo on a monthll' busis'
,< *tolizing.flttn' firctcr tt'ilh re'nolt reudout is requiretl ur b*'
insralled ond usage reporletl to ll'esl Divitlt'
.4ppticunt an7re.r.r{r ackrtowletlges il has had thc opportu'rin' t$
,iiinn, the Districi,s-fbrnt Htoler .4!lotnrcnt Conlroct and agrees-ihis
upplication is iatle pursuunl uad subiecl to the tcrms untl
con d itiotts cotttu hrcd lh crei n.
E""pr*ti.*t61ia1trm wat€r surface to be exposed:
-
Desfoption of any use, gther th.an evaporation, TtT:19t1 ---,vvoer rI,]rv.
air.*ilrq *,. of-diversion, and annual artrount of diversion of any
waterwithdawn from the Pond:
trMI.'NICIPAL
Description ofuse:
4. SOT]RCEOT'WATER
Stnrcture: \i"L,J-i, .
Source: [Surface
Current Permit #
Struchlre Nam e:. llt Z, ii?-lSi t't^'.. #- ['-
Estorage EGround whter
(if applicable)
tr Direct PumPing:
Location:
Application D.,", {-1'u 6- i I , ai<?'l
ApplicmtSiPatue
5. LOCATION OFSTRUCTUREG#.iiii,o 's: ;r"
County Quartrrlquarter Quater
Name:
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FIESc]UFIGE
ENGINEEFlING INC
Mr. Jimmy Sills
457OSHwY 6 &24
Glenwood SPrings CO 81601
Rifle Property Water Well
Dear JimmY:
On September 11, 2O03 Resource Engineering, lnc. (RESOURCE) supervised.a24hour
purp [."t one rr"il located on the property southwest of-the Garfield County Airport near
hm". t"aral pumping time was 22 hours, 4o minutes). The measured pumping rate
*r"'Zb gpm for in"-Rot 1340 minutes and 33 gpm for the final 20 minutes' Well
recovery data was collected for 72 hours. A set of-water quality samples were collected
at the enO of the pumping period and sent to ACZ Laboratories for analysis'
The initial 1340 minutes of pumping resutted in a total drawdown of 26', 10" from a
neginning static level of 24'ti" Ueiow tfre top of casing to a level of 51' 7"- The last 2O
,iiut"" 6t pumping lowered the water level an additional 10' 10" to 62' 5' below the top
of casing. 'Within b hours of pump shut-off the wetl had recovered to 26' 3" which is
g7.60/o of the total drawdown. After 72 hours the well had recovered to over 99o/o of
drawdown.
The total depth of the welt is 153 feet with an available dnawdown of about 128 feet- The
24 hour drawdown of 37' 8" equals only about 29o/o of available drawdown.
A copy of the pump test data is attached along with a graph showing the actual
drawdown over time'on semiJog scale with drawdown in feet on the vertical axis and
time on the log scate horizontal ixis. A second graph is also attac-tred which shows the
residual draqrdown (recovery) of the well. The two graphs show that the well is
developed in an aquifer with confining boundaries. lt has more than one dravvdown
slope which indicaies that as the influene of the pumping expands it reaches a
confining zone which decreases the yield-
Based on our analysis of the pump test we conclude that this well witl not provide a
reliable long term yield of 35 gpm. However, the well can be pumped at 35 gpm for
short periods of time (24 hours of less) followed by periods of equal or greater re@very-
We recommend an average yieH of 3O,OOO gallons per day be used for planning
purposes.
The water samples collected on September 11, 2OO3 vnere anallzed for a cross section
of the Colorado Drinking Water parameters including metals. There was no analysis for
coliform bacteria, however, presenoe of this constituent is highly unlikely in a deep well
and, if present, can be treated with chlorination or other disinfecting techniques.
All of the parameters tested were either undetected or detecfed at levels below the
Colorado Department of Public Health and Environment (CDPHE) Maximum
Contaminant Level (MCL). A copy of the laboratory report from ACZ Laboratory is
Consulting Engineens and Hydnologists
909 Colonado Avenue t Glenwood snninr:s nr-l Fl4 Fr-14 r ta=r11 aAE-a-?-- ! E^" t--^\ 6^e " ^-
December 29,2003
Mr. Jimmy Sills
Page? of 2
December 29,2OO3
attached. lt must be noted, however, that prior to providing water via a public water
iyitJ, you must obtain CDPHE approval of the water treatment, storage and delivery
system regardless of the results of this water quality test.
ln summary, it is our opinion that the subject well can provide a physical supply of water
for domestic use up to 30,0O0 gallons per day. This condusion is based on existing
aquifer and well conditions and we cannot guaiantee that these conditions will continue
in the future.
Sincerely,
PSB/mmm
990-1.0
E:\Clbnt\990\is purnp test 990.doc
Aftachment
CC: David Hallford, Esq. w/o attachment
Bussone, P.E.
E!:E:FIESOUFICE
BU IIT
EXHIBIT B
ProPertY DescriPtion
The South one-half of the Southeast one-quarter (51/258L/4) of Section ?3, and'the North
one-half of the Northeast onequarter (r{ vz NE V4) of section 26, Township 6 south,
Range 93 West of the 6th ltincipal Meridian, County of Garfield, State of Colorado.
Excepting therefrom that portion conveyed to the County of Garfield for road purposes by
Warranty Deed recorded in Book 79,Page 588, as Reception No.396W-
And subject to a 60-foot wide easement for road purPoses granted by the instrument
recorded in Book 594Page886, as Reception No-32577'0'
And excepting a 35.00 acre tract of land located in the North 1/2 of the NE 1/4 of Section?.6,
T65, R93W,6th P.M. being more particularly described as follows:
Beginning at the Southeast corner of the NE 1/4 NE V4 of Section ?rt,T65, R93W, 6th P-M.
13uirrg 1981 Brass Cap LS 15546) from which the East U4 corrter of said Section bears
500"56'57'f.1316.5?:'(bui.rg a1974 County Surveyor CuP), thence SSfiiCI'}9" W along the
South line of the North 1/2 NE 1/4 of said Section 1893.65' to the East line of County Road
#319; thence N25"25'05" E along the said road line 4C[).ffi'; thence N89o40'29" E parallel to
the said South line of the North VZ NE 't /4395.88'to the West line of the said NE 1/4 NE V4;
thenceN0Lo00'L1'Walongthe saidWestlineof the NE V4NE 1,/466'l'.73';thence N8f40'29'
E parallel to the said South line of the North V2 NE 1/2\3222fr'to the East line of the said
NE/4 NE 1/4; thence s00"52'02" E along the said East line of the NE 1/4 NE y41022.03'to
the point of beginning. Basis of bearings is the East line of the SEU4 of said Section which
is taken from a global positioning satellite observation to bear N00%7L4" W a distance of
2634.01' (the Southeast corner of said Section being a 1981, cap LS 15&16). Contains 35.00
acres more or less.
:,'to
319 WATER COMPANY, LLC.
45705I{WY. 6 &24
GLENWOOD SPRINGS, CO. 81601
PHONE 970.947.9511
FAX 970.947.9233
EMAIL llc3 I gproperties(dvahoo'cor.n
August 18,2004
Ms. Janet Maddock
West Divide Water Conservancy District
P.O. Box 1478
Rifle, Colorado 81650
Re: 319 WaterComPanY, LLC' Exhibit A
Contract # 040219WC (a)
Dear Ms. Maddock,
Enclosed herewith please find duplicate copies of the APPLICATION TO AMEND
wATER LEASE nrtorra wEST DTVIDE coNsBnvANCY DISTRICT' We are hopefirl
to be included for considerations at the next scheduled meeting of the district'
As we discussed the uses intended for this contract at final development will include:
1. 25 Residential units including up to 4000 sq. ft. of lawn irrigation
2. 46 Commercial units with an average size of 4500 sq' ft' each
3. Fire Protection storage
4. Irrigation up to 40001q. ft. for each of the commercial buildings
We would appreciate an amendment to our existing contract that would be based on the
amount of water the well appears to produce. I have included a copy of the letter
provided by Resource Engine&ng Inc. iegarding a 24-hgur.pump test prefonned on this
well. The results seem to indicate a pretty good well producing aroud 20'84.GPM' As a
measure taken in order to prevent the neceJsity of a future amendment we will appreciate
consideration ofincreasing our contract up to 34-acre feet on an annual basis'
I understand that the engineer for the district will first calculate the requirements for the
46 proposed commerci; Uritaiogs in order to determine that use requirement' The
second calculation will identiff lhe 25 units for residential and landscaping use. In
addition to the residential lawn irrigation we should apply irrigation usage for
approximately 184,000 sq. ft attacheJ to the 46 commercial buildings usage' Final
determination of n " rto*g" is expected to be between 150,000 gallons up to 200'000
gallons.
.t.
It may take some time before we use this arnount of water as most of the development is
just now being considered for approval by the Garfield County folks' Should approvals
be obtaine4 each use will be metered t"pu*t"ly. of course the well production will have
the main meter located in the pump house in accordance with the requirements of the
district.
The fire protection storage water needs to be the first priority.
The 46 proposed commercial buildings include 3,750 sq' ft' of shop/warehouse and an
additional 750 sq. ft. of ofiice type space as an averaSp. Each building will have 1- ll2
bath and l- 314 Lath as the main uo. rt is anticipated 2 or 3 employees will staff the
om"" space for each building. It should be noted that the shoplwarehouse space of
each building is primarily storage in nature, and as such, water requirements,
should be minimal This reference should be construed as to prohibit repairs of
equipment etc. from being performed in the shop/warehouse arets' I am sure they
will need a couple of toseliUs but any washing operations will have to be designed to
use circulation systems and only on a limited basis for that use.
As with most things the final amount of water and the use thereof will be deterrnined by
cost. So, * *oi as the engineer for the district can provide the-WATER USE
ESTIMATES and we can get an estimate for annual cos! Lazier and I can deterrnine
what we can afford to do.
I need to revise our well permit use (copy included) and will provide D*ight Whitehead
with a copy of this letter when I do. i wiit atso provide Jim Hardcastle with the Garfield
County n*r,iog Department a copy for his information'
Some day after I get this stuffstraight with everyone we anticipate the need to drill a
second well on thls property as a backup in case of pump failure or whatever- If this
needs to be addressed now let me know.
you know I appreciate all the help you have provided on this process and I'm really glad
you didn,t havi to deal with it until you got back from your deserved vacation.
SincerelY Yours,
. 7C::_, r-
(" t-,=e7' 'J -/d
,/' Jimmy Sills
Form No.
GWS-25
APPLICANT
OFFICE OF THE STATE ENGINEER
coLoRADO DlvlsloN -oF WATEB^RESOU RCES
a'id-d;6n;'6lBi-o-gJt3leshermanSt.,Denver,colorados0203
(303) 866-3581
JIMMY M SILLS
45705 H\A r6&24
GLENWOOD SPRINGS, CO 81602.
(970) e47-951 1
EXST
WELL PERMIT NUMBER
DIV. 5 WD 45
61926 -F -
DES. BASIN MD
APPROVED WELL LOCATION
GARFIELD COUNTY
SW 1t4 SE 114 Section 23
Township 6 S Range 93 W Sixth P.M'
DISTANCES FROM SECTION LINES
850 Ft. from South Section Line
2450 Fl. from East Section Line
UTM COORDINATES (NAD83)
Northing:
1)
2\
3)
4)
5)
7)
8)
e)
10)
11)
6)
ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT
CONDITIONS OF APPROVAL
This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit does not ensure that
no injury will occur to another vested water right or preclud" anoth"r o*ner of a vested water right from seeking relief in a civil court action
The construction of this well shall be in compliance with the water well construction Rules 2 CCR 402-2, unless apprOval Of a variance has
been granted by the state Board of Examiners of water well construction and Pump lnstallation contractors in accordance with Rule 18'
Approved pursuant to cRS 37-90-137(2) for the construction of a well, appropriating ground water tributary to the colorado River, as an
alternate point of diversion to the Avalanche canal and siphon, on the condition that the well shall be operated only when the west Divide
water conservancy Districts substitute water supply plan, approved by the State Engineer, is in effect, and when a water allotment contract
between the well owner and the West Divide Water Conservancy District for the rebise of replacement water from Ruedi Reservoir is in effect,
orunderanapprovedplanforaugmentation.wDWcDcontract#04021gwc(a).
Approved for the use of an existing well constructed on August 18, 2003, to a depth of 150 feet, under permit no' 252359 (canceled)' The
issuance of this permit hereby cancels permit no. 252359'
This well Lazierlsills well no. 2, is subject to administration by the Division Engineer in accordance with applicable decrees, statutes, rules'
and regulations.
The use of ground water from this well is limited to fire protection, ordinary household purposes inside not more than twenty-five (25) single
family dwelling units, the irrigation of not more tnan 4,0b0 square feet of home gardens and lawns per residential site, drinking and sanitary
facilities inside not more than fourty-six (46) commercial buiiness units, irrigation of not more than 4,000 square feet of landscaping for each
commercial unit. Total irrigation snatt not exceed 6.52 acres (284,000 square feet) of home gardens and lawns and commercial business
landscaping.
The pumping rate of this well shall not exceed 35 GPM'
The annual amount of ground water to be appropriated shall not exceed 32.431 acre-feet'
This well shall be located not more than 200 feet from the location specified on this permit and at least 600 feet from any existing well,
completed in the same aquifer, that is not owned by the applicant'
A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records of all diversions must be
maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request'
The owner shall mark the well in a conspicuous place with well permit numbe(s), name of the aquifer, and court case numbe(s) as
l,'#"J'''";J:,:lffi'lj:X:;:fi:?,:;ilili:jJff?:::;:Ij'i"#ffi"ffiii1,: a,,h s ,oca,i.n *-z^- z*-
NOTE: Parcel ldentification Number (PlN): 23-2177 -234-00-512 / l
'ZA 4/Za A f
NoTE: Assessor Tax Schedule Number: Ro4o703 (totaling 47.20 acres,l
Easting:
319 PROPERTIES LIT. ,/
4s70s lrwr. 6 &vt 4
GLEIYWOOD SPRINGSL CO- t1601 ,/ *
PHOIYE 970.947.9511 ,ilFAx 97a.947.Y233 Of
EMAIL llc3lgpropetiesGvahoo.com
,lflr'fir
{1tJuly 21,2004
Mr. Jim Hardcastle
ffield Co{mty Building & Ptanning D€eartu€nt
108 8d'Stl,e€t, Suite 201
Gtenwood Sfings' Colorado 81601
Re Irzdr;r Spcciil Usc Pcrmit
D€aJirL
The domestic water requirements for the project are in th process of being resolved- As
you will note in the atbchments ircluded I have asked Mr. Lis to provide you a ledler
ioai*tirg this is being taken cae of, Hopefully alt wifl be fimlized prior to August 0Z
2004 but I will just have to wait ard see.
I have talked wift Mr. Lis a corple of times and the problem seemed to be fetty simple-
He did not find tbe Welt P€rmit ad I should havc catled ad provided ftat pemit
number to him ai s(x)n as the issue was brcught rry. Even aftsr I did th€rc was another
problem in the permit I had origina[y pr.lled. This wre my miSake ad a revision has
been applied for.
In the event the Lazier Special Us Permit is approwd an additioml revision will red to
be obtained for the Well Permit and the West Divi& Waer C.onservancy Disrict I
belireve these to be a paper work thing ad probably not an issrrc.
As ftese revisions relate directly to tE SUP it would seerr reasonable to arcnd ttrem
afterthe BOCC meeting.
Thanks,fu?V--7?' tirrlrmy sitts
I
319 WATER COMPAT{Y, I,LC'
45?05 HW''Y- 5 &24
GLEI{\ryooD SPRINGS, CO' El60l
PIIONE YI/O.W.],5'II
FAX ym,-947-9233
July 21,20O4
I\ilr. Dwight Whit€head
Office of the State Fngfureer
Colorado Division of Water Resources
P.O. Box 396
Glenwood SPringF, Colorado 81602
Re rfldl Psmit# 25:Bl59
DearMr. Whitehea4
Robert T. l-aziq and I have applied to the Garfuld Cormty Buildirg & Plaming
Departrn€nt upgU"*i"*..qr..d;i dJopment of ornpropert5r locafied sorrft of Rifle'
Colorado. The review process h.licat"d iss6 relded *itU ott rvell permits lhd neod to
be resolved. Io parddar a review ,..P; ^t*.i"{ from th Colorado Office of th
State Engirer, Division of S/aer Res;i; idicatod Material Inirrf'' I have dached a
copy of this lefier fq pr information
The importance of rvater cannot be overSded so I welme the respop l€ceivd ald fu
oeeotrmitY to resolve all issues"
The property that needs to be povided ud€r was orisinally l6Gues u'hich Lazier ad I
were the owners of it totally. This l6&'acres has beco split rp now amd is oumed by
diffefient ertities all with individBl trse requir€meots.
Tbe requirements for use is in tbe Process of being daermined aod will be subject to
il;;"I b, the Garfield Cornty Commissioms Tbc crr,ent tre being reques*ed is to
provide wat€r r* uiqSrngle Farmily s,Mi'isim (Menn Crc* Connons) \r'hich is at
Preliminary Plan review t"ror" theP&zBoard on August ll,z004.' We have a u'dsr
conhact wift the w€st Divi& water coDs€rvaDcy Disfiict s contrrct *o{I219\f,C(e)
Map#4grwitheDrtcAc{ivJrd2l1l9fl/..A*pyofthiscontractisincludedh€rewith
for yorn review. This con6 ",,t t"q,rot"a f;;fequa& \rd€r up to 6jt $ingle Fmity
resfuleim-
L
A secondary use for this rrell has now been identified as 9 Comwciaulndustid type
buildineF. This project ql9_pT?:"*) ;-*h"drled for a special Use Permit
application review dil tn" C*n"fa ility C"*-iYPt* m Augrrst 2' 2m/.' lf all
goes well tt "* ',r" JU ,""a to ame"a tt e t!,se wi6 West Divide Water Conservancy
District to include,frir-r"* f have t'isiJ tJtft lu"tt Mddock (WDWCD) aod bat'e the
amendment ready to ge for them F ry-".,*. th" U* i" 'pe'":*d I tH 2d ' I also
,nderstand based on our conversatioq i;,f, th" iO* of ni,' that the Well Permil will
also dtobe rwised forthis Use'
I heve cncloccd the chenge of mc lvetcr well Permit Applicetirm end thc fiting fcc'
Thisapplicetionisrcquiredesrresultofmymistekcinthefirstplace.
I cen rbo stltc slt &Grc .I]G Do othcr welk r'ilLh 600ft' of tLc locttiotr of the well
as describcd for lYc{l Pcroic[ 75jBi59'
A
"opy
of the origroal Lazicrlsilb wcll # 2 Psmit #?s1359 is also providee Thb b
theWellweplentousetoprovidetbcphysicalrlr:jl}o.cdpursuenttothcwcat
Divide1vetcr Comcrveney Dnilrict "o"f,.ja * O{S2f9WC(e) -' E y bc encrdcf'
I have also included a copy of the plmP test report pt'ovid€d by Resoure Engineering
and a hmch of otber sjoff thd -uv nJrp ,-ao"t"oa urbd is going on with the total
pictgre. One thingi certein end thet b I must provi6o thc County wit1 confirmetion
that a legel e physical sounDe of wetcr crb8 rDd I wil srrc epprcthE yorr b$'
HopefullyallwillgowellwiththeCg*.ysothattherevisionsbeingmad€tom€ettbeir
requfuem€ots rt",rit t. In any eveot I appneciate yorr assistmce'
Sircertf,y,
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1 of 5 R 9.OO D O.OO GRRFIELD C0Ljt{fi
STATE OF COLORADO
Counfy of GarEeld
At aregular meeting of the Board of County Commissioners for Garfield County,
Colorado, held in the Commissioners'Meeting Room, Garfield County Courthouse, in Glenwood
Springs on, Monday, the 18* day of August A.D.2003, therewere prese,lrt:
John Martin
Larry McCown , Cornmissioner
TrAsi Hount , Commissioner
Don DeFord , CountY AttorneY
Mildred alsdorf , Clerk of the Board
F.d Green , County Manager
whenthe followingproceedings, among others were had and done, to-wit:
RESOLUTION NO. 2oo3 - 6s
A RESOLUTION CONCERNED WITE THE'. APPROVAL OF A SPECIAL USE
PERMIT APPLICATION FOR TITT', STORAGE OF VACTIT]M TRUCKS, FRAC
TANKS, AN OFFICE AND MAINTENAryCE SHOP, A TRUCKWASH FACILTTY,
FUEL TANK PAD, LP TANK AND THE'. STORAGE OF POTASSIT]M CIil.ORIDE
FOR DALBO,INC.
. WIIEREAS, the Board of County Commissioners of Garfield County, Colorado
*' (,Board'), has received an application from Dalbo, lnc. for a special use permit ('SUP? to aliow' io, approval of the stoiage of 30 vacuum trucls,200 frac tanks, a 50' X 100' office and
maintenance shop, a 36' X 100' truck wash enclosed struchxe, 24'X24' fuel tankpad, i2,000
gallon lp fank, and the storage of Potassium Chloride in 4 tanks within the A/R/RD
(Agicultural / Residential / Rr:ral Density) zone district; and
WEEREAS, the Board held apublic hearing on the 18" day of August, Z003,upon the
question of whether the above described SUP should be granted or denied, at which hearing the
public and interested persons were given the opportunity to express their opinions concerning tlie
approval of said special usepermit; and
WHEREAS, the Board on the basis of substantial competent evidence produced at the
aforerrentioned hearin&. has made the following determination of fact as listed below:
1. Proper posting and public notice was provided as required for the meeting before the
Board of County Commissioners.
T.I RLSDORF'c0
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EXHIBIT
.t
P948 II RLSDORF
COLfiTY CO
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635621 O9/O3/20O3 11:49f, 81513
2 ol 5 R S.m O O.@ ffiRFIELD
2. The meeting before the Board of Couoty Commissioners w-as extensive and complete,
that all pertinent facts, matters and issues were zubmitted and that all interested
parties were heard at that meeting.
3. The above stated and other reasons, the proposed special use perrnit has been
determined to be in the best interest of the health, safety, morals, convenience, order,
prosperity and welfare of the citizens of Garfield County.
4. The applicatioo has met the require,ments of Special Use (Sections 5:03, 5:03:07,
5:03.08 and 9:03) the Garfield County ZontngResolution of 1978, as amended.
NOW TET'REFORE, BE IT RESOLVED by the Board of County Commissioners of GarEeld
County, Colorado, that Special Use Pennit for Dalbo, lnc. is hoeby approved subject to
compliance with all of the following specific conditions:
1. These conditions of approval shall supersede the conditions of approval in Resolution No.
2003-048.
AII representations of the Applicant either within the application or stated at the meeting
before the Board of County Commissioners, shall be considered conditions of approval,
unless specifically altered by the Board-
The Applicantshall comply with all applicable requirernents of the Garfield County
Zorurg Resolution of 1978, as amended
The Applicant shall comply with all State and Federai regulations and standards, such as
Noise Abatement, Water and Air Quality.
The Applicant shall comply with the Vegetation Plan approved by the Garfield County
Vegetation Manager to minimize the spread of cheatgrass tbrough any activity on-site.
The Plan includes, but is not limited to, washing items before they leave the site and
spraylng the yard each year to control cheatgrass.
The Applicant shali comply with the following recorrmendations from the Grfield
County Road and Bridge Department
A. A 3O-foot right-of-way shall be deeded to the County from the centerline of County
Road 319, east onto the property. No fences or skuctures shall be built within this
deeded right-of-way
B. The Road and Bridge Department will issue a driveway perrrit upon approval of the
Special Use Permit with provisions specific to the permit.
J.
AT.
5.
6.
?
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C. A stop sign shall be placed at the exit of the driveway. The stop sigrr shall be of the
size and located as required by the Manual on Uniforrr Traffic control Devices-
D. Truck tuming signs shall be located on County Road 319 on either side of the
driveway ,"*rr1* traffic going both north aud south. The signs shall be of the size
and located as required by the Manual on Uniform Traffic Controi Devices'
E. A sign showing 111s name of the company shall be in a visible location for emergency
purposes. .
Vibration, e,mission of smoke and particulate matter, and the e,lnission of heat or radiation
shall comply with applicable Federal, State, and County laws, regulations and standards.
The Applicant shall comply with all Local, State and Federal Fire Codes that pertain to
tUe opiltion of this type oifacitig, this shall include compliance with theNational Fire
protection Association antl the Colorado Department of Labo.r.and Employment Oil
lnspection Section for th9 fuel farm (tank farm on the site plan). The Applicant shall also
work with the Rifle Fire Protection District to mitigate any fire protection concerns with
regards to the 12,000 gallon LP tank.
prior to the issuance of the Special Use Pemi! documentation shall be provided
regarding the physical quantity of the well for the proposed uses. Should the physical
*ut", "rpply of ifr" weli suppott ttt" truck wash facilities, as weil as the office I
maintenaice shop, the eflicant shall submit a new well permit allowing al-l1hese uses.
Should the physical wat#supply of the well not support the tnrck wash facilities, as well
as the office / maintenance shop, the Applicant shall submit a letter or revised contract
with West Divide that allows the App[Cant the ability to utilize the contracted water for
the truck wash facilitY.
Any signage iustalled on-site shall comply with the County's signregulations'
Any changes to the Special Use Permit for the storage of 30 vacuum tanks and 200 frac
trucks, a 50' X 100' office / maintenance shop, 36' X 100' tnrck wash enclosed stnrcture,
24, X24, fiieltank pad, 12,000 gallon LP tank, and the storage of Potassium Chloride in
4 tanks, will require a new Special Use Permit.
partial rehabilitation of the property, should the use temrinate, shali consis! at a
minimum, of the following:
A. Ail frac tanks shall be hauled away.
B. All vacuum tnrcks shall be driven away.
C. All KCI storage tanks shall be hauled away.
D. Building and structures may stay and be sold to other industrial uses.
?
9.
1
8.
10.
11.
12.
I llllil lllll llllL illl llllll lll lllllll lll lllll llll llll
sss62r oslo3tzab3 l1:49fi 81513 P9s0 Il RLSDoRF
4 of 5 R O.oO D o.OO GRRFIELD C0UNTY Co
E
F.
Replacement of stockpiled topsoil.
Qqmpliance with all prevaiiing COGCC and Garfield County regulations goveming
final reclamation.
Prior to the issuance of the Special Use Permit, the Applicant shal1 provide a coPy of an
approved City of Rifle Watershed Permit.
Gror:ndwater resources shall be protected at all times. In the event of potential violations
with respect to water pollution, the Applicant shall provide proof of compliance with
applicable Federal, State and Cormty iaws, regulations and standards.
Prior to the issuance of the Special Use Permi! the Applicant shall install the screening /
vegetation and landscaping along Cormty Road 319 in accordance to the Plan approved
by Garfield County Vegetation Manager on August 14,2003. The Plan includes, but is
not limited to, the planting of trees and sbnrbs placed in approximately 10 foot intervals
behind a 6 foot high fence. The trees and shrubs will include Utah serviceberry, Gambel
oak, Utah juniper, Pinon pine, Mountain chokecherry, Mountain Mahogany, and
Roundleaf snowberry.
All parking (vacuun tanks) along the south end of the property shall be set back and in
line with the office/maintenance shop.
In accordance to section 9.03.05 of the Zoning Resolution of 1978, as amended, this
Special Use Permit is subject to periodic reviews not less than every six (6) months. The
pu4)ose of such review is to determine compliance or noncompliance with any
performance require,rrents associated with ganting the Special Use Permit. The periodic
review is limited to the performance requiranEnts and conditions, of this Resolution,
imposed at the time of the original issuance of the Special Use Permit
A1l Ughting on the properly shall be inward and downward with limited glare off site.
The subject properly shall not become a regional parking and maintenance facility.
Dated this
-
day of A.D.20
13.
14.
15.
16.
17.
18.
19.
4
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couNTY c05 of 5 R O.@ D O.AO GARFIELD
ATTEST:GARFIELD COUNTY BOARD OF
COMMISSIONERS, GARFIELD
COUNTY, COLORADO
----.----
Upon motion dulymade and seconded the
following vote:
Aye
Aye
Nye
STATE OF COLORADO
County of Garfield
Counfy Clerk and ex-officio Clerk of the Board of
County Commissiorers, in and for the County and State aforesaid, do hereby certifu that the
annexed and foregoing Resolution is truly copied from the Records of the Proceeding of the
Board of county commissioners for said Garfield county, now in my office.
IN WTINESS WHEREOF, I have hereunto set my hand and affixed the seal of said
County, at Glenwood Springs, this _ day of , A.D. 2O- .
county clerk and ex-ofEcio clerk of the Board of county commissioners
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45?05 ErY- 6 &U
Glcilrood SPrLgl Cffitl60l
Phrc Yl0-947.'l'5ll
Frx 9IO- 917.Y233
July6,2fi)4
Mr. Jim lladcastle
Gilficld Cdy Mding adPlming Oeprtment
lmf sffi,suib2ol
Gleocmod Sfi4p' Colorae 81601
RE: Lazier Sp€cid Us Permit
Ded Jim,
As indicdcd wi&in TS 6 of lhc spqial us Permit ryt*arm aflitiml infoffifon is
p-riOra U*,m for tre l-d""q; issues ofthis proiect In gEn€ral' fu€e (3) ditrerem
ffi "tma-"ry1ry
is b@ trWosd frr ef'froval by trG Cmissitms c
Itfleinhincd Llmgs Foneach h4diry an alca of ryroximdely rfi[ sq- ft' will bG
ffi ta$m- rb pmeocod loc*fun fu this feerc shatl be d c ner
re ,""o" poitrt to earn hsiness- tt is requcsted tM r a lrt oftfris anea a sigrgp
indicding &e lc'.Et ad addrcss offte brfldiag be incfuded m a futr' (4) fuot bll by
eight (g)loot lory mmmom- fh* poeomd pomcd should be ffirged us'ing tbc
moss.covered rcd55 from t1e dte. A6ug[ it is irytmtto nrair*a;n trc rllryell ffial
"m"** offu poperty it is bdievcd ms fe*re cxr be povidod wift rninimrrn
ffi; ftwill befutroixty owncf,s' respomiultity 5 nainteintris aeaas well relhe
othtm mascryeAtreer
Cf,.319 Frubgcc [1a rninirnrrm an a€a lO fcet in wi{th full be oonsnru@d ioduding
ffi im tre poperty bomdair:s fiom fu CT. 319 Ro-w- This fcfrtrB
shall exteodtr6g'llEhthe emirc nmtlsorrndimceoflhe lEsed site. Treesild shubs
consis*emt wi& fte d€tail povided will be inchded in lhc aeas oflte riv€r mck sctim-
Thc ri\rs mc*s will be daacd on a rrsteriat designed O perm urce& Thc spre
betrryeenthe riverrock pt-f"gs will be sc€ded wiih alowto modim hsigh EtrN(ls
-"
wi11 ffi rcqufue "r@, mowing a ofterrvise rraftftinad- Les of tte site my
oonstnrct fi"hgb"hfod ttis aea for sqtrity purpffi prsum to the requir@Gnts
ideirtified in tab 2 on page 4 oftre apflicakn-
Lu&ceecd btrr: The Srage yad aeas ae to bc gravtled wift-u,ecd coffiol bc@
frd &o sfiglagg irr* -a ftB it€ms sfiord ae miminod in m orderly m'nner- Within
the storagg arca& bm sbalt be oonslrrrted Yrtich ac 3 to 4fdin hcight- It is
adcipdod trcsg bcrc will be nmd 2I) to 30 fGci in t€ngtt ad inepkin $ryG- Irw
to medirm higp gr5cswill beplffidSdrGqufue li[Ie ifmy wArequircor# m
orderto be p66€rt; main6ined- Ob-*"l"gfcochg; ufrichmayvitrJtt, shall be inscalled
mtbeberm rry to 5 fect io height
fhe proposed Avelryem of&is tropctty full first ild frrremost mfoier the Yisllat
imd* "f r4i"r*t amd uea lmdowners" It cm certaiatybe incfuded T-ry omditinr of
,dro*t for-fte Spcial Use Fermit flr* @fue as irffi in lhis lGfiGr irhdiry
tni *trlments Sall berequiredto beomstrucfied andmafutaid as sfiated
Atffi ae inchff hcremith indicaing lhe design ofttcse itetns fc bruildings 2
d 3. rach hrilding permit qdlcaim shtl inchrdc similrarachem rylicable to
the site.
Sinryely,./7ry-
/ Jimmy Silts
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HIGH GOUNTRY ENGINEERING, INC.JIMMY SILLS
GARF]ELD COUNTY, CO
LAZIERSUP
VICINITYMAP
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I4 INVERNE5S DRTVE EAST, STE F.I20, ENGLE}VOOO, CO AOI I2
PHONE (303) 92s4S44 FAX (303) 9250s{7
I S I7 BLAKE AVENUE, STE t OI, GLENWOOD SPRINGS, CO Bi 60t
PHONE (970) 9d$667e FAX (970) 9452555
GGS 2031046.00
M,HCENG.COM
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TzuP DISTzuBUTION TABLE
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Land Use:110
General Light lndustrial
Description
Light industrial facilities usually employ fewer than 500 persons and have an emphasis on
activities other than manufacturing. Nevertheless, the distinction between light industrial and
manufacturing (land use 140) is sometimes vague. Typical light industrialactivities include
printing plants, material testing laboratories, assemblers of data processing equipment, and power
stations; all of the facilities surveyed were free-standing and devoted to a single use. General
heavy industrial(land use 120), industrialpark (land use 130), and manufacturing (land use 140)
are related uses.
Additional Data
No vehicle occupancy data are available specifically for general light industrial, but the average is
approximately 1.3 persons per automobile for all industrial uses.
The peak hour of the generator typically coincides with the peak hour of the adjacent street tratfic.
Facilities with employees on shift work may peak at other hours.
The sites were surveyed in the early 1970s and the mid to late 1980s throughout the United
States.
Source Numbers
7, g, 10,1 1 , 1 5, 1 7, 88, 174, 179,1 84, 1 91 , 192, 251, 253, 286, 3OO
Trip Generatubn, 6th Edition 89 lnstitute of Transportation Engineers
General Light lndustrial
(1 10)
Average Vehicle Trip Ends vs: Employees
On a: Weekday
Number of Studies: 18
Avg. Number of Employees: 469
Directional Distribution: 50'/. entering, 50% exiting
Trip Generation per Employee
Average Rate Range of Rates 'Standard Deviation
3.O2 1.53 - 4.48 1.86
Data Plot and Equation
0
X Actual Data Poinls Average Rate
R2 = 0.98Fitted Curve Equation: T = 2.951(X) + 30.572
Trip Generation, 6th Edition 90 lnstitute of Transportation Engineers
5,000o!Eul
o-
L'. 4,ooo
E
!o
og a,ooo
o
il
F
2,000
7,000
0
/,,,/l,l.///,///...../....-.
General lndustrialLight
(1 10)
Average Vehicle Trip Ends vs: Employees
On a: Weekday;
A.M. Peak Hour of Generator
Number of Studies:
Avg. Number of Employees:
Di rectional Distribution:
21
421
87Yo enlering, 13% exiting
I
T
I
T
I
I
I
I
I
I
I
T
I
I
I
I
I
I
!,1,,
.r. i:
' ll::
Trip Generation per Employee
Rate ol Flates Standard Deviation
- 1.02
Data Plot and Equation
U'
llJ
o.
F
_9
.9
o
oo,(!
o
il
F
1,100
1,000
900
800
700
600
500
400
300
200
100
0
0
X Actual Data Polnts
1000
X = Number of Employees
Fitted Curve Average Rate
Fitted Curve Equation: Ln(T) = 0.870 Ln(X) + e.144 H2 = 0.87
Trip Generation, 6th Edition 93 lnstitute of Transportation Engineers
General Light lndustrial
(1 1o)
Average Vehicle Trip Ends vs: Employees
On a: Weekday,
P.M. Peak Hour of Generator
Number of Studies:
Avg. Number of EmPloyees:
Di rectional Distribution:
21
421
29% entering, 71% exiting
1,200 '
1,100'
1,000
900
oE Boo
LU
CL
F 700o
E
o 5OO
oo)g 5oo
o,
ll 4ooF
300
200
100
0
ElH,
lri$l
l'#
lI ,i
lr {
lrill 1
It i
lr I
lr I
It ill i
l,l
lr ilr i
lri
lI r
It i
r_i
Trip Generation
Data Plot and
Average Hate
R2 = 0.90
0
X Actual Data Polnts
Fitted Curve Equation: T = 0.358(X) + 65.814
Rate Range of Rates Standard Deviation
- 1 .18 0.75
Trip Generation, 6th Edition 94 lnstitute of Transportation Engineers
x
1000
X = Number of Employees
Fitted Curve
3000
,hr.ecra?E/t'lr 4
JimmY M' Sith
45705 HwY' 5 &24
Glenwood SPrinP Col'oredo 81601
Phone 97O.9{l'9511
June 28,20O4
Mr. Jim Hardcastle
ir.tfi;la Comty Building & Planning Deparfinent
108 8d'Sheet' Suite 201
Ctenwood SPrings, Colordo 81601
RE: Speial Use Pemft
ProPertY on CR 319
Dear Jim"
we appreciate your pompt review of orn special use Perrrit application and hope the
i""f"iia information adequately addresses your corrc€ms
A revised proiect oveniery and pnoject rnfomation section is includd for additional
information *a "f"nn*tioo
of "ottio-t*'* idicated inyo,rJrme 23' 2004letter'
wh*e it is difficult to know the exact needs of futtre tenants of this project we can
provide information on the firsttrro*,*t* operations' Witrinthe conditions of
approval placed "p"" ani tiq;"a^#;,, ;*i** that additional operations will
continue the standards and goals *t"Uii-G Uy tp-"4eiml t€nants of the project can
be provided. Perhaps theoo-st i-p"tt "t ortk* goals i" to "t""t" a project that protects
the rights and inte[sts of adjaceni *a "rn , randowners in the area including their la,d
values. The Industriel operetions rmpact sqt:rlt:t md tbe Indrstriel Pcrfomence
Stendards ur" tf* Oo".r-"ot" d*ip"d; provide this pnotection' These two documents
will be a required attachmmt to all leases'
A secondary goat would include the ability to povide a location forttre operations
involved with the development of o* *t J t"*to"o that will incr€as. safety of the
roadwaysofmtonlyGarfieldcomtybutul*tEliqornine.I-ocatingthese
companies "fo*'io tfr" field operatiul* *'iif ott"i"fyiot* the traffic on the Airport
Road wtrich in t rm should i""*r* th safety of citizens usrng trat road'
Asiteplanforthefirst2buildingsisincludedwhichindicatestheproposedlocationfor
the following *" "r"*tons cuftntly interested in locating on the property'
National Oilwell is interested in relocatingJo tfit plTg.aod cunently have their area
operations located i" C*"a Junction- tis is a corporation with over 7'50O total
employees and gross annual sales in "*oo of Z Uittion' Tlrey provide sales of pipe and
materials used in il* ;*o, sector with headquarters in Houstoru Texas'
Ron Miller is tlre arca manager forNational oilwell and bas indicated the Graod Junction
location includesl4 employees. c"tt""uv their dclivery qcks on a daily basis travel on
the Airport noaa mroiini the very-bu# *J V*.=.l.toe operations require treir
employees visit gas welt sltes for sles ioror-"tioo in addition to the material delivery
requirements St"r"g" 6;Gs material ;, d* offices will be the primry site use this
company d€sires.
Screening and fencing of the outside storage area is an issue ope'n for discussion- The
included Industrial i*"fo"-roce Standalds document indicates a combination of
landscape, fencing ano sightoumuring ryry +4 r yuirea for this issue' complete
landscape and fencing details ut" p*e"t"O to * inOuaea with the building permit
ap,plication
and employees over 10,280 and is
H#Jffi;rilJr"i;; *o t r"t*it"i"" i"ai.cties worldwide wift revenues in 2003
-- ^r-- r^^^r^J l- IJnrrcfnn Te.;::ffi;1.filiil;. Headquarters fo, thi, company are also located in Houston' Texas'
Kevins L. Citiz€n is the distribution managsr for the mountain disfict and has indicated
that upon approval of this Special Use?erinit Brandryarco will relocate their mormtain
op"*tiot t center from r#yoming to this site'
Their rcquirements include a shop area for repairs ofequipment and storage of equipment
when the equipment is not o, "/ell sites. Crrrently 16 employees are working in the area
*a mr n*U"r will b€ increased with the anticipated relocation
The proposed site attachment included herewith for tlrese two companies incorporates the
requestsand input received from Garfietd County Road & Bridge ForeqaU Mr- Jake
Mallrequiringthecombiningofdrivesanap,r,oviaingalocationforloadingetc.thatisoff
*a u*u, froir public roads. ls indicated in this attuchm.ot this project can and \ilill be
designed and constnrcted in a mailrer that actually €nllam€s curent land coditions and
at thi same time address the need of providing a bas for these tJrP€s of operations'
2
The specific issues identified in your Jtrne 23, 2004 leters ae appneciated ard we hope
this addendum fetter, the following inforrration, and attachments hcluded are a@uate
for compliance rcquirements.
Water: As provided within Tab 4 of the application a water company has been creafsd in
order to provide water service for this p-jit This com-pany has a contract yrth th€ West
Divide Water Conservancy Disfict toil.it4acre-feet of water on en annual basis'
A report provided by Resource Engine€ring Inc. is i*!"de u/tich indicates the existing
*"tt'i, capable of prodrrcing 30,000 gallons on a daily basis- This would hanslate to
around 33.60 acre-feet or, * annual basis. certainly the physical sonrse of water exists
today which is more than adequate for the proiect Ttre contracted waler was requested
*r"-i"g f I single-family *its would be served and a copy indicating the-wafer use
estimatei is proviaea foryour infonnation. In general tlrese builfings will have 2 with a
maximum of 4 one-half t"ttr each- As a singfi-family residwe assumes 300 gallons of
*ut", usage daily and a toilet requires 3.5 gallons per flush, it could be jokingly stafed
that these Texans will no long€rL full of it ifthey flush more than 100 tim€s per day' I
say this knowing you ard I Uotn eome from Texas. Seriously, High Country Engineedng"
rnl. witt design the water system for these lands and as a condition of appnoval it is
anticipated the contract witl Oe West Divide Wder Conservancy Disrict will need to be
revised to include the proposed uses for this Special Use Permit
The details indicating the amormt of water that will be used sball be provided and
constructed in conjunction with the proposed use and based on accepted engineering
standards. Individual meters will be-installed fon each building to assure the amormt of
water used is colrsise'nt wift tre amount allocated for use'
Wasteryater: Colorado Oepartm€,nt of Public Health State R%ulations will be
t"*rp.*t"d t" the design of ttr" individual sanitary disposal systems for each building.
The sewer flows witt Ue catcutated based on accepted engineering sCardrds and
constnrsted in conjrmction with the proposed use.
An attachment titled Table tr is included idicating minimtun distances between
componerts of a sewage disposal syst€Nn amd pertinent physicd fedures is provided ard
will be adhered to for tbe Project
As ifuified within ttp Indusffid Opcretions Impect Statement, discharge of
materials or contaminated waler other than normal rcsidential t1rye usage into any septic
system will not be allowed. plreliminary information indicates a 1000 gallon septic tank
with an ffiltration system to be designed for each building bad on percolation results
will be incorporated for the projwt. All of these items are anticipaed to and should be
included m a condition of aPPrcveL
3
Industrial operations: section 5'03'07 ori$nally addressed within tab 5 of the
@sed. The revised rmpact statementprovided trerewith lists
ii"-r that are anticipated to be ircluded as a-ondition of approvel Upon-beoming a
condition of approval for this Special Use Permit these itelns will b€ restrained from
proceeding.
Lessees will be requird to operate within the conditions of the Impact Statement Lease
agreements shall include an ittachment and incorporate these standards as condition of
the lease.
10 copies ofthis revised statement are inchded herewith'
Industrial Performance Standards: Section 5.03.08 orig-rnally addressed within tab 5 of
@ revised- The revised Industrial Performence Stender&
p.orid"a herewith indicates items that are anticipated to be includ€d as a condition of
approval Upon becoming a condition of approval for this Special Use Perrrit these
items will be restrained from pro,ceeding.
Items s.D.zand 5.D.3 of this section was not addressed in the original application- Tllese
tr*o issues have been dressed in tb revisioo of tk origiml Industriil Per{omance
Stenderds-
l0 copies of the revised standards are irrcluded herewith.
Lessees will be required to operate within the condidons of tk Industriel Performancc
Strndards. Lease agreements shall inchrde an attachment and incorporate tres
stamdards as condition of tk lease-
4
N)DMONAL IMORJ}IT.TION
Street improvements are not required in order to accorrmodate traffic volume- In
actuality this project will lessen taffic volume north ofproperty. Safe and convenient
aooess to the use shall be constnrcted in conjrrction with the proeosd use. Garfield
County Road & Bridge Foreman, Mr. Jake Mall has reviewed the site and requires aU
drives be combined to the extent possible. Drives shall also have a stop sign installed at
t5g enhance to CR 319 aod hve a width of 60 ft. minimum. Pmking requirements shall
be consistent with Section 5.01.(I2 as indicated yithin Tab 5 of the applicatfun as
subrmitted. T?rcre *rall be no lding or unldiry p€rmited on my public roadways.
The proposed buildings shall be constructod as slab on grade and shall not require loading
docks. Complete plans and specifications shall be subrnitted for each building permit
requested and reviewed forcompliance ofthe conditions of approval attachod to the
Special Use Pemrit
Hopefully this infornrmhn irrcluding the attactments irrcldd is adequate for you initid
review. Please feel fiee to contact me at your convenience should any additional
infomratbn you rmy require.
Sincerely,
./-' /-+?(--ffio'Z
4 Jimmy Sills
5
BOCC 8NN4 JWII
PROJECT INTORMATION AND STAIT' COMMENTS
To build 9 separate 6oildings for central operations of gas
and oil related developmant companies as a Special Use
Permit of storage of oil and gas drilling equipment storage,
or material handling of nafural resources.
REOUEST
PROPERTY OWNER
APPLICAhTT
LOCATION
SITE SIZE
WATER
SEWER
E)ilSTING ZOI\TING
SUROINTDING ZOIYING
Robert T. Lazier
Jimmy Sills
Approximately I mile south ofthe Garfield County Airport
on County Road 319 and Grass Mesa Road
38.18 acres
Central Water System
ISDS
A/R/RD
A/R/RD
Frcd .lArrnan of the (iartiekl C'ountr Planning Stafl' intlicatctl
plllication shoulrl iclentit'r the nla\imunl nunlher nf btliltlings tha
ro11l(l he consirlercrl firr the lantls as il single I)at'cel. Rerietr lb
)otential sites indicaterl tr;l to g buil(lings coultl easill be placetl Anr
Ircse 9 sitcs:rre inrlicatetl on the plat. The t'irst 2 Tenants:lre sintilar i
)pet':rtions itnd the a;llrlic:rtion identities theil'ol)et'iltions antl reqtlests
itrecial I- se Pc.rrnit that n ill allou their (|llcratiotts Itc contluctc(l on th
prolle l'tr. It is anticil):lte(l that in the e\ cnt a tlril'tl [lttiltling shottltl er et
llc tlesirc(l: iln alnrendnlerlt to the Special L'sc I'crlttit tttar bc reqtriretl
.{ttachnle nt .{ is a col)\ ot'a lettet'(latc(l .lune 28. 2{Xl{ atltlrcsse(l to.lin
Flarulcastlc. This letter intlicates the corlcern u ith itlentif'r ing ncctls tr
ture tcnants:rnd erlrantls on tlte use requirentents ot'the tirst
nl
View A: to the north of the ProPosal Vkrr B: to the south of the ProPosal
I. APPLICATION HISTORY
The Zoning Resotution of 1978 as Amended provides the Board with the option of refering
Special Use Permits to the Plilning Commission fortheirrecommendation in apublic hring as
per Section 9.03 ofthe ZnfugResolution of 1978, as amended- On July 12,200/., the BOCC
chose not to refer this rcquest to the Plmning Commission for recommendation-
TI. DESCRIPTION OF TIIE PROPOSAL
Ceneratty, th Applicant foposes to build and operate or lease nire (9) s€emate buildings of
ap'proximately 1,5fi) to I 0,0(m sq. ft. for oil and gas industry companies in and near the Grass Mesa
Area aod by code, allowing storage ofoil and gas drilling storags, orm*erial handling of
natrral rcsounces. The use would include storage of oil and gas industry related vehicles ofvarious
size, a repair Sop and maiutenmce facilities, urue.huse, md office facilities for 14-20 employees on
a2 a$elsilding envelopes for each ofthe nine buildings. Hours ofoperation are proposed tobe24
horrs although operations that would generate exces.sive noise will be limited to 8 em to 6pm
Monday through Friday.
Note Altbugh th rylicant's representative, Jimmy Si[sL has submited a technically complete
package to the Building and Planing Oeprment the,re is an absence of pertinent md vital
information within the application to the specifics of th uses for all nine buildings;
consequently, statrhas applied a recommendation of DEIYIAL for this request
III.SITE DESCRIPTION
The topography ofmost ofthe 38+ acre site generally slopes toward County Road 319, is composed
geologically of loess wind blown soils, and is covered with sagebrush and pinion and juniper trees.
The adjacent land uses are considered to be medium to heavy intensity industrial uses and proposed
single family residential while other nearby uses includes relatively large properties consisting of
grazngand pastureland and BLM land. All ofthe property surroundi.g the subject site is privately
owned. There are various observed wildlife habitats nearby to the property. All ofthe land within the
permit boundary and surrounding areas are not within the 100-year flood plain but can experience
intense storm events that may transport massive amounts of geologic debris.
application shoukl not be interl)reted as a rcquest lbr 9 btrildi
prer iousl.r stated. Thc applicant representatir e has provicletl sta
ith this statement on numerous occasions. The reqrrest is tor
tuilclings an(l identif'ring mininrum requir"entcnts fbr aclditio
Irrcsts. The nunrber nf enrplo) ees ancl building sizc of tirture
not be deternrined nrior to knouins tlho a tenant nta\ bc
iational Oilu ell (Attachment B) rr ill occup) one builcling ancl
'arco (Attachrnent C) uill be the fenant ol'the secon(l buildi
nlirrnration is pror ided on the operations of each of these coml)ani
nc'luclins a letter arclclressed to the BOCC ti'onr cac
A \\ ildlil'e lle pnrt (Attachnrcnt D) \r'as pror itted b1 lleattie Wilcll
onsulting" Inc. in Norenrber 2003. This rcgrort prepare(l fbr
\lanrm Creek Comnlons project included research and infbrnration
tofal I60-au'c llarcel originalll llurchaserl br Lazicr anrl Sills.
r of that report antl the Vegetation Report (Attachnrent E) of tha
me date is ar ailablc ttrr rer ieu. Ret'ere nce to these ret)orts is lrror
Tab 2 on r)age -l ot'the anrrlicatio
Iv REFERRALS
Staffreferred the application out to the following review agencies and or County Departrnents:
City of Rifle: No comments received
Rifle Fire Protection District (Exhibit G)
Colorado Division of Wildlife No comments received
Colorado Dept. of Public Health & Environment No comments received
Colorado Division of Water Resources No comments received
Colorado Geological Suney (Exhibit ID
Bureau of Land Management No comments received
Garlield County Road & Bridge Department: (Exhibit I)
Garlietd County Vegetation Management @xhibit J)
Garfield County Oil and Ges Auditor No comments received
Garfield County Attorney No comments received
Garlield County Engineer, Chris Hale/lUt. Cross Eng. (Exhibit I9
Y. COMPREHENSIVE PLAN REYIEW STAIYDARDS
Land Use Mans: The property lies within Study Area 3 and is designated on the proposed land use
map as: Outlying Residential, 2-acre minimum. The Applicants proposal is indusfial which is not
consistent with the present designation on the county's land use map. This item has NOT been met
a.
b.
c.
d.
e.
f.
g.
h.
i.
j.
k.
l.
; ertensire Drainage Report (Attachnlent F) prepare(l b1 H
orrntr) Engineering, Inc. uas also preparecl ttrr the NIamm Cr(
onlnrons project. This report inclucletl the OFF SITE IIASINS,-rimatelr {,522 acres u'hich are relative to this proi
The requiremcnts for a Slrecial Use permit tlo not inclicate the abor'
nlbrnration nceds to be inclucletl, lrut it is arailatrle and these
a\ e been pro\:lded to Sta as a P
4
Objectives, and policies that apply to the proposal:
consider the following Goals,
a. Goals
Garfield County will encourage the long-term commercial and industrial developmcnt ol a
diirsitied industrial base foi the Couity which recognizts the human resources' nataral
,rroui"o, and physical location-to-market capabilities o! the communi$t, and which further
recogniZes and aidresses the social and environmental impa6 of industrial uses,'
Staff Responsg: Locating industrial development in this location is consistent with the Plan
as there *" oE!, [ght indusrial uses in the are4 although the social impact of this proposal
does not consider ihe impact that will result upon the adjacent residential development.
Additionally, the impact of O" proposal on the environment has not been measurd as the
applicant has not rrrb*ift"d site-specific information discussing the proposed uses- This
item has NOT been met.
tt*hr*rt (i is a letter aclclresse(l to .lim Harclcastle u hich incltrd
)rtain com ments he stated in the project intorntation ancl statf repo
Iarding the \lanlnl Creek Comnlons proiect. The statenlents relatt
ttrot lrioject intlicates "Sttl'rotrncling Iantl tlscs inclutlc conrnlercii
Industrlial ancl proposecl uses of undeveloped lots tor incltrstrial S
Pernrit tise of Gas and Oit inclt,.,rl r'*t,,ttt ttt"t
f t it l.'tte r inclucles additional statenrents b1 Nl l'. Harclcastle incli
c,inrme(liate ayea is prinrarilr inclustl'ial in natttre- This reqtlest
u ith the lanil tise in thc area :lnd u ith Special Lrses allorr
currentl\ zoned lru..,,un
Resolution of I
N/- l-r,-;J /kb"-/"rt<
fut, S of thc application includes an Intlustrial C)perations - lntpa'
itatement n hich clearlr iclentifics environmental issttes at itenls I and
s nell As lintiting opet'ations as iclentitietl in the heading ot'
rtement. The lanclscaping t'equirentents lbr thesc btrildings tloe:
nsicler acljacent residential cler eloprncnt as (loe s the strict I ndustria
rt'ormance Stantlarcls. This itenr has been met"ffi lrqfr
-//"{'"U ;{4ffi"
b. Obiectives
1.2 To ensure that commcrcial and industrial developmcnts are compatible wilh adiacent land
uses and mitigate impac8 identifred during the plan review process.
StaffResponse: The property is located in rural and partially developed areas ofthe County,
*fri"n ir *ui"fy used for other industrial uses and rangeland- There is no sigrrificant single-
family residence presence in the area other than a proposed 20+-lot single-family dwelling
unit suffiivision, which this proposal would surround on 2 sides and be within immediate
proximity. This item has NOT been met-
1.3 Encourage the location of industrial development in ateos where visutl, noise, air quality, and
infrastruclure impac* are reduced
StaITResponse: The level of impact on the surrounding natural environment and built and
pioposed development is unable to be determined at this time due to the lack of information
fiom the applicant. The Applicant should use but has not proposed an adequate combination
of berms, trees, and other various landscaping components to firlly screen the proposed use-
Additionally, The Applicant firtherproposes to deferthis requirementto thebuildingpermit
phase, which is unacceptable. This item has NOT been met
6
inrmr Sills is the applicant requesting fhc 20+ - lot singlc-tamill
u elling u nit subclivision indicatecl. .limnrr Sills also knou s it is in his
interest to be inrolretl u ith the lancls of this applicatiqLfq!3
in a qualitr ntanner
Donnie Scarro\r.Ilill Collins, antl .limmr Sills uill be thc intliridrra
n\ol\e(l uith the tlerelolling ot' this projcct. Conrbinetl these
nflivirluals har e lleen residents of'Garfield Ctltrntl' tor or er I20 r'ea
(}stt\n()thingofthcir.firnrilrhistorras(ia,.ti.@
that. This item u ill most certitittlr lre ntet
ch ment H is a cop.\ of'a letter hantl delir ered to N{ r. Hal'dcastle
rul\'6tl' n hich clearlr atltlresses this isstte
his inf'ormation is also indicatcd in Tab 2 tlage 3 of the aplllicatio
ncl Tab 6 on Dage I
4.6 Ensure the type, size, and scope of industrial and commercial developmcnt are consistentwith
lhe long-term land use obiectives of the county.
Stafi Response: The Plan's proposed land use map shows this property as Outlying
R*idr"ti"l, 2 acre minimum ana atnough there are few Residential structt[es in the
immediate vicinity it is perceived the proposed single-farnily dwelling rmits to be constnrcted
adjacent to this iroposal or nearby along the 319 corridor would be adversely affected.
However, as stated earlier, the applicant has not firlly discussed the impact of the proposed
uses, which may help to mitigate the perceived impact that this proposal introduces to the
area. This item has NOT been met.
SUBDTVISION REGT]LATI ON REYIEW STAIIDAITDS
The site is curently being divided by warranty deed, however at this time is still part of a77-
acre parcel of which the SUP is requested for only 38+/- acres. Also, the Applicant appears
to have illegally subdivided land by creating by warranty deed with at least 2 parcels each less
than 35 ac. These are shown on the plan drawing as the northern and the southern portion of
the SUP parcel, althougb the metes and bounds description on the plan describes the two
portions as one parcel of land.
The Applicant includes the land conveyed to Garfield County by warranty deed in 1910 for
what is now a portion of CR 3 I 9 to show contiguity between the north and south portions of
the SUp p*""i. However, the waranty deed conveying land from the LazierlSills parfrership
to Sills specifically excludes the land conveyed to the county as does the metes and bounds
description on the plan. Applicant must prove its right to include CR 319 in the description
of the subject parcel. This item has NOT been met.
vI.
It ii ,rn.learr as io rr here the prol)osed
builcline t)ermit l)hirse is inclicated
Tt* tr*l-*rp1rgifrrt rr ill tre conlpletecl tbr this proiect u ill blott 1
ltl a\ in thc e\ ent the InCana pipelinc as proposetl is appr0\ e(l'
ent is i1 place 11ith EnCana lvhich u ill deli\ el' 25 acre t'eet
ater tbr these lands ftrr tire protection an(l irrigation rlses on
nnual basis. Fire pl'otection and landscaping \l ater reqtlirelnents
r ailable r.cgarclless of the EnCana proposal tltrt n ill lre cnhanced u
adclitional u atcr'. This itent is most de'tin!!gl\ ad(l
t is belier ed that the considel'ing the;rrer iotts statements' attachm
the contents ot'the ell)plication cloes inclicate that this itenl is m
VII. ZOhIING RESOLUTION REVIEW STANDARDS
Special Uses are subject to the standards in Section 5.03 of the ZoningResolution. In additioru
the proposed use, due to its industrial nature, shall also be required to address the industrial
p".fo.-*"e standards in 5.03.07 and 5.03.098 of the ZoningResolution. Staffpresents these
review standards below followed by a response'
A. Section 5.03 Review Standards
I I lltilitics adequate to provide il'atu and sanitation service based on accepted engineering
itiiiir* iiiiipiir"d by the Boord of Coungt Commissioners shall either be in ptace
ii iiitt o, coniiuaed ii coniunaioi wilh tie proposed use;
Staff Response: The Applicant has not demonstrated the ability to provide required
*"t". rtght. th"t would adequately serve the proposed use. As stated in the Jdy 22,2004
from Chris Hale of Mountain Cross Engineering, the County's consulting engineer: "The
well is not permitted for the uses proposed. Also, the chart in the application from West
Divide doei not account for the uses proposed. The water system proposed would need to
be a community system that would need to be regulated and approved by the State...-
The application's description of the 319 water company states that is was created to
provide water service to not only the subject parcel but also a planned residential project
on the west side of CR 319, and "future developments that may occur within the 160-
parcel purchased by the LazierlSill Partnership un1978." Therefore, adequate for water
provision for the 38 ac. SUP site is not available.
Also, the information included proposing commercial development is incomplete from
a fue protection water standpoint. The data in the application documents submitted by
the Applicant states that fire protection water is available and that it will be provided,
however it does not include the design of the system or any other pertinent dat& This
item has NOT been met.
ftto.frnrcnt I is a cop) ot'the letter to Mr. Harclcastle u hiclr adtlre
this issue an(l inclicates a \ er]' simple resolr e of the isstre. This item
8
2l Street imqrovemcng adequate to accommodate traffrc volumc -generatgd.by ,the' orooosed'use and to proviile safe, convenient access to the use shaU efiker De ,n puce
'iiiiiA be construcied in coniunction with the proposed use;
StaffResponse: Section 5.03.07(D) ofthe application speaks to the increased traffic that
tr *tt.tp"t"d fr"m the proposed Special Use though these impacts have not been
adequately addressed. Although there is an expectation of minimized industrial traffic
between Rifle and the proposed sites one can assume increased adminisfative and onsite
support stafftraffic which the applicant has firther failed to address. A study assessing
quarrtifiable traffrc impacts attributed to the proposed use, indicating the existing
infrastructure can accommodate the proposed traffic, should be provided. This item has
NOT been met.
again, this time as Attachment .l is a cop)
tu N{r. Harclcastle on .lul1
of a letter
21, 200{ \1ttachntellts Pl'o\ ided
cltlresses this isstre
,'. Tt*tt", u'ill expand on this issue lbr the BOCC at tocla)''s
*.* ir a \lell drillecl capable of prorlucing 30,009-g3!]9
on tcsts l)erlormed br Resource E,nginee
in it is believed this item has been
nt belier es Erhitrit I pror itlecl b1 fhe Garlielcl Ctttrntl Road
rirlge Departnrcnt prorirles the best t't'sl)onses to this itenl. fll"..la
all nrohahlr knous filot'e about this than an\one and he seems"" t' -
icatc this itern ltats been nret
I un(ep f'ab 5 of the al)plication also ltror itles statements rcla
this requirenlent
eIncltrstrialC)1lcrationS_IrnpactStatentcntincltr.l..!@
I reolires yehicles to be ol)eratecl in a sate nlanner
is item t)ursuant to alrplication requirements has lleen
j) Design of the proposed use is organized to minimize impact on andfrom adiacent uses of
land through installation of screenfences ot landscape materiah on the periphery of the
lot and by ication of inren-sively utilized areas, access pointsr lighting and sigas in such a
monner os to protect established neighbothood characlerl
stafr Response: The use as proposed is expected to adversely impact adjacent uses as
there is no adfluate provision in the application for the use of screen fences, or landscape
materials. Thelandscaping plan is rrrention"d in general terms, and it is stated that it will
be provided at too late a date for proper review by staff which circumvents review for this
phLe for recommendation to the
-BOCC.
Further, the Applicant has failed to fully
describe the proposed use so 51a1ffssnnot properly ascertrain the firll impact ofthose uses
and as a result cannot provide any analysis of any proposed mitigation ofthose uses. This
item has NOT been met.
i* orrcl tlastc tt'atttre of comp,tters can tt"'
.f"tr..rt H is a copl ol'a letter hantl ,l*lit
"r'",1
to Mt'. H.
ul\ 6tr' n hich clearll acldl'esses tltis
lrtt irt'r'nlation is also inclicated in T@
nd Tab 6 on P:lgc I
n* lr*L*rl)ing that u ill lle conrlrletetl for this llroject n ill lrlou r o
l\rA) in the e\ent the EnCana pi;leline as proposed is appro\e(l' A
.eienrent is in t)lacc rrith EnCana uhich uill delirer 25 acl'e l'eet o
ater fbr- tfuese lancls fol'tire protection and.irrigation tlses on A
nnual 5asis. Fir-c ;lrotection an(l landscaping u ater reqtlirclrrcnts al
r ail:rble regardless of thc, EnCana I)roposzll but u ill lle enhanced u it
he additional tr atet'. This item is ntost delinitelr acltl
n* ,ppll.ation shoulcl not be interprete(l as a t'equest tor'9 builtlinl
n, 1r,..i inusll stated. The apt)licant rclx'esentatir e has Pl'ovicletl sta
ith this statenrent on nrrmerorrs occasions. The reqttest is lbr
ilclings and identit.ring minimunt reqtrircnrcnts for additiona
Iuests. The number of enrplo) ees ancl building size of titture reqtlest
nnot be determinecl ltrior to knou ing rr ho a tenant ma)'
B. Section 5.03.07 Industriel Operation
Industrial Operations, including exhaction, processing, fab,rication, indushial support frcilities,
mineral *rrt" disposal, storage, sanitary landfill, salvage yard, access routes and utility lines,
shall b€ permitted, provided:
1) The applicantfor a permitlor industrial operations shall prqrurc and-submit to the' Planiing Oiriaor un (10) iopies of an impaa stubrncnt on the pmposed ysc aacrAtW
i* locaion, scope, design and coistruaion schedule, including al rylal!@" olf
opcrotionit chiraaerisTra. One (1) copy of the futryact statement shall befiled-_with the
County Commissionen by the Planning Dbeclon The impac't statenent shall addras
thefollowing:
a) Existing lawful use of waler through depletion or pollution of sutlace run+lf,
streamtlow or ground waterl
StafiResponso: The Applicant has indicated that as a result of cleaning and washing
ofvehicles used in the exhaction ofmaterials, any liquids and washed materials in this
process shall be required to be sealed in a container and removed from the property. No
water not normally allowed to be discharged into a residential septic system wiil be
allowed-
The Applicant has failed to describe and the mitigation features and locations that will
be applied to this preventive measure such as lined wash pits, collection systems and
methods ofremoval and disposal. This item hes NOT been mct
il
iati6nal Oilu ell (Attachnlent B; u ill occtrl)\ onc btriltling an(l llra
arcg (.\ttaclrment C) rrill he the tenitnt ()f the secon(l b
nltrr.ntatitlttisI)I.()\i(le(lrlntheoI)el.ati()ns(lt.eachof@
clutlins a letter atltlressetl to the BOCC ft'om
e Intlustrial Pertill'nlilllce Stantlartls inelrrtlctl in the alrlllica
n(ler Tab 5 atltll'esses lighti tuircnlents at Iine ite nr nrllllber l0
ah 5 on l)aqe 3 intlicates signs shall bc in tlccot'tlilncc u ith Sectio
I.(13 of the Srrpplemerltar) ['se llegulatiotts. The ,{tt:lchnlelrt
t:r to .linr Hartlcastle clettrlr itlentitics sisn reouiremen
b) Impac* on adjacent landfrom the generation of vapor, dust, smoke, noise, glare or
vibrofion, or other emanationsl
Stafr Re{ponsc: The Applicant has indicated there *shall be no generation of vapor,
dust, smoke, glare, vibrations, or other emanations permitted on this lands', but has
failed to fully describe the proposed use so staffcan prop€rly ascertain the full impact
of the uses proposed and ultimately offer proper mitigation efforts or at a minimum
concur with the Applicant s assessment This item hes NOT been mef.
t2
t is slggested that \lr. Hardcastle has ntisinte l'prete(l the lntltrstria
tio6s- Inr;tact Staternent. Trrb 5line itent I of the apl)lication. Th
ternent of this line itenl t'eqrrires that in the e\ ellI the ertractiotl tl
brcign nlilterials through cleaning or" otltcntisc slttlttltl occttr, thi
erial an(l the liquirls use(l t'or the cleaning cilnnot be tlischargc(l
he selrtic slstem. This statement as clisctrssed in rt nleeting uith Ji
ar(lcelstle" [)onnie Scat'r'o\r. an(l .lintttrr Sills itt tttid ,ltrnc (loes
te in:.tn\ \r:l\ to vehicles. As erplainetl tltrrirtg the meeting
tenrent is included in ol'(ler to prer ent Leesec's ti'ont ttsing a cleani
I1rtion in the shop al"e:l an(l then tluntpinu tltc tttatel'ial antl stlltrti
nto the scptic sy stenr. Thet'e is not rt request tot'u ash bavs tirr r eh
n this aplrlication. In the e\ent a tenant sltoultl reqttest this larcilitl i
otrltllreneccssAr\torcqttestan?lntentlntetttttltheSl,..io]@
This itcnt ltas fueen met arttl the It] cnpics \1et'e pl'o\
he proltoserl use (loes not allou tor thesc itents itlentilietl to occllr
tenr 2 if the Industrial 0perations - [ntpl:tct Statement intlictttes th
ngs rlre not pernrittetl. The bold printerl \OTICE of this statetllen
nrlicates r iolation of thc Intlustrial C)1ter':ttions - I ntllact State ntcnt u il
t'esult in nritigation costs heing tiletl to the tull ertcnt allou etl. Tall 2
ge 3 of the alrplication states that this Int;tact Stattentettt uill be a
nrentttlan1leetserlftlreletndsincltrtletIin@
has been met
c)Impac* on wildlife and domestic anbnds through the creation of haztrdous
altrac'tions, alterotion of exisfing native blukade of migralion routes, use
pafrerns or other disruptions;
SteffResponse: The applicant states that an extensive wildlife and vegetation report
was provided in a previous separate though related application proposal and not in this
application as required. Additionally, the Applicant has failed to fully describe the
proposed use so staffcan prop€rly ascertain the full impact ofthe uses propod. This
item hes NOT been met-
Allirnatively show the impa6 of truck and auonpbilc tatfrcto andfiomsuch wa
and theh hnpoc* lo areos in thc Counly;
SteffRcsponse: Th Applicant has failed to fully describe the proposed use so staff
cannot properly asc€rtain the full impact of those uses and as a result cailrot provi&
any analysis of any proposd mitigation ofthose uses. This item has NOT been met.
d)
requiremcttts itlentitied :lt Scction 5.03.07(C) nr,
res\e(l in thc Intlustrial 0;lcl':ttions - Intl)act Statemen
r'o\ i(le(l in Tah 5 as line itenl 3. .\lteratititls ol'the eristin
tire regctati(ln arc adtlrcssctl in Tirll 2 on page 3 of th
pplication. The l'et'erence ttt the n iltllitl' nn(l 1
port is nrarlc in the e\ ent nl()re intilrrnatitln shtltrltl
esiretl ahor e the requirentcnts ot' tlre attplication. Th
uit'enlents of this item has been nret
rel'er to Tall 2 page { of the altlrlication. The'Arera
Ir Tratlic intorntation also in Tab
The Erhibit I Ir,'ot i,letl bl tlr. G
he inlirrnration in Tatl 5 of the al)l)lication on page' 5. Li
tenr { rif'the lntlustrial Operatiotts - Inrl)act Statentent, a
ne itenr 9 ot'the Intlustrial llertil'ntiulce Standards. Th
tem has been
Thaf suflicient distances shall separate sach usetrom abutting propefi which might
otherwie be damaged by operations of the proposed use(s);
StaffResponse: The Applicant has failed to fully describe the proposed use so staff
"*rot p.op"rty ascertain the full impact of those uses and as a result cannot provide
any analysis of any proposed mitigation of those uses. This item has NOT been met.
Mitigation meosures proposedfor all of theforegoing impacts ident{red andfor the
standards identified in Section 5.03.08 of this Resolution
Staff Response: The Applicant has failed to fully describe the proposed use so staff
cannot properly ascertain the full impact of those uses and as a result cannot provide
any analysis of any proposed mitigation of those uses. This item has NOT been met.
2) Permits may be grantedfor those uses with provisions that provide adequate mitigalion
for thelollowing:
b) The County Commissioners moy require security before a permit- {or special or
conditional ase is issued, if required The applicant shallfurnish evidence of a bank
commitmcnt of credit, bond, certifwd chech or other security deemed acceptable by
the County Commissioners in the amount calculated by the County Cornmissbnen
to secure ihe execution otthe site rehabilitation plan in workmanlike manner and in
accordance with the specfrcations and construclion schedule established or approved
by the County Comiissionen. Such commitmcn&, bonds or chech shall be payable
to and held by the County Commissionen;
o
t4
e)
I\litigatioll nleasures are a(ldresse(l in the boltl hcatling of
ndustrial 0lterations - Inrpact Statentent antt as ind
ill be an attachntent to anv leases. This itent has heen
nclustrial Operations - trmpact Statenrent line item 5 of
pplication prohibits an1 ilsage on these lancls that rnigh
mage adjacenf propertt'. lf something is rohibited it
ot need to be anal\
lre Intlustrial Pel'tbrmance Stanclarcls line itenl 6 of
pplication indicates that stor:lge areas must be at lcast
i'om an\ residence This itent is ntet
StaffResponse: The Applicant has failed to fully describe the proposed use so staff
"*""1p."p".ty ascertain tne frrll impact of those uses and as a result cannot provide
*y *Aytit of *y proposed mitigation of those uses. This item has NOT been met'
c) Impacts sef forth in the impact statement and compliance with the standards' coitained in Secfion 5.03.08 of this Resolufion.
Stalf Response: see Section 5.03.08 Below-
C. Section 5.03.08 Industrial Performance Standards
All industrial operations in the County shall comply with applicablc CounQt, State, and
Federal regulations regulating water, air and noise pollution and shaU not be conducied in a
mflnnet cinstituting a public nuisance or hazard Operations shall be conducted in such a
manner as to minimize heag dust, smoke, vibration, glare and odor and all other undesirable
environmcntal elfecls bcyond the boundaries of the property in which such uses are locateL
in accord with thefollowing standards:
1) Volume of sound generated shall comply with the standards setforth in the Colorado'
Revised Statutes at the time any new application is made
Staff Response: The Applicant has failed to fully describe the proposed use so staf[
cannot properly ascertain the full impact of those uses and as a result cannot provide any
analysis of any proposed mitigation of those uses. This item has NOT been met
n consielering this application the a;rplicant 1l otll(l like t
uest that the tsOCC acldress this isstte consistent \1
irentents placecl on similar applications in the past. I
rticular the al)plicant ret'ers to Resolution No. 2003-65 a
ged tor Dal[o, Inc.(Attachmenf K) Recortletl in I]l5l
P9{9 and I}15t3 P950 are sir itenrs relatecl to
litation t'equil'ements. Three of these reqttirements
)peration specilic to the Dalbo. Inc. Permit. The remainill
tents and similar site specific it.,rs u,'. ag,'e.ablffi
he Intlustrial Pertornlance Standards are incltrdetl in
pltlication in Tab 5. This itern is aclclressetl \l ithin
itantlards as line itenr l. The requirentents tbr this itent har'
2)Wbration generated: every use shall be so.opera!e!th1!t\ stoul!t!!':P::!:erentlv
and recurrently generated is not perceptibie, without inslriments, at any point of any
;;;"i;i line'oithe property on-which the use is located;
Staff Response: The Applicant has failed to fully describe the proposed use so staff
cannot properly ascertain'tle firll impact ofthose uses and as a result cannot provide any
analysis of *y proposed mitigation of those uses. This item has NOT been met'
Emissions of smohe and particulate matter: every use sha-ll be operated so-as to comply
iiii ott Federal, Snie iii County air quality liws, regulations and standards;
Staff Response: The Applicant has failed to firlly describe the proposed use so staff
"*""1p-p".ly ascertain-the full impact of those uses and as a result cannot provide any
analysis of *y proposed mitigation of those uses. This item has NOT been meL
Emission of heat, glare, radiation andfumes: every use s-hall be so -operate-d that it does
,tot imi,t niot, Stiii, ra'diition orfumis which subsnntiatly interfere with,thSexisting
iiiitAi"i"iiS pripiry o, nhih constitutes qp?blic nuisance or haztrd' F-laring of
;;;, aircrafr"iaiii$ iisiil", relteaive potigrg of storage tynk, or other such
"rp;;hi""t ini"n iiy"O" Tequiie!.-bt law as salety or air pollution control measures
shall be exemptedlrom thb provision;
Staff Response: The Applicant has failed to firlly describe the proposed use so staff
"*""1p-p"rty ascertain-tie firll impact ofthose uses and as a result cannot provide any
analysii ofany proposed mitigation of those uses. This item has NOT been met
s)
4)
l6
hc I ntltrstrial Pertbrntancc'Stanclarcls are incltrdecl in
plication in Tab 5. This ite'nt is acldressecl N ithin
n(lards as line item 2. The uirements tbr this itent har
he lntlustrial I'crtornlilnce Standar(ls are incltrtletl in th
rlrplication in Tab 5. This itent is acltlressecl u ithin thcs
;iandar'(ls as linc item 3. The requirement
lte Intlustrial Perlornlance Stantlartls are incltltlctl in
pplication in Tab 5. This item is acltlressed u ithin thes
ianclards as line item {. The requirenlents fbr this itenr har'
VIIL SUGGESTED FINDINGS
l. That proper public notice was provided as required for the hearing before the Board of
County Commissioners-
2. That the hearing before the Board of County Commissioners was extensive and complete and
that all interestJd parties were heard at that meeting; and all pertinent facts, matters and issues
(other than soundlevels of the proposed use) were submitted prior at the meeting.
3. That for the above stated and other reasons, the proposed Special Use Permit is NQI in the
best interest of the health, safety, morals, convenience, order, prosperity and welfare of the
citizens of Garfield CountY.
4. That the application is NOT in conformance and compatible with the Garfield County
Comprehensive Plan of 2000.
4. That the application is NOT in confomrance with the Garheld County Subdivision
Regulations of 1984; and
5. That the application is NOT in conformance with the Garfield County 7'orfugResolution of
1978, as Amended.
IX. STAFF RECOMMENDATION
Staffrecommends DEIYIAL, for the following reasons:
1. The Applicant has not shown the application to be in conformance with the County Land
Use MaPs.
2. The Applicant has not considered nor demonstrated the social and environmental impacts
of the proposed industrial use.
3. The Applicant has not considered nor demonstrated the compatibility of the proposed
uses with adjacent land uses of mitigation of impacts.
4. The Applicant has not demonstrated the howthe location ofthe proposed use will reduce
visual, noise, air quality, and infrastructure impact-
5. The Applicant has not demonstrated consistency with the long-term land use objectives of
the county based on the lack of information that describes the proposd type, size, and
scope of industrial develoPment.
6. The Applicant must demonshate the proposed use is not on an illegal split of property.
t7
7. The Applicant has not demonstrated the ability to provide required- water rights that
would adequately serve the proposed use for daily office and industrial uses or for fire
Protection-
g. The application has not demonstrated the existing infrasructure ffin accoilrmodate traffic
volume generated by the proposed use and to provide safe, convenient access to the use'
g. The proposed use has not been described in enough detail to provide staffinformation to
determine whether the proposed use was designed and organized to minimize impact on
and from adjacent uses of iand in such a manner as to protect the perceived and proposed
nei ghborhood character.
10. The Applicant has not discussed impacts on wildlife and domestic animals, alteration of
existing native vegetation, blockade of migration routes, use pattems or other disruptions'
)L RE,COMMENDED MOTION
..I move to W the request with the above noted reasons for a special use Permit to build 9
separate Uuilailgs fo. ""rt ul operations of gas and oil related development companies as a
special use of storage of oil *i g* drillinglquipment, storage, or material handling of natural
resources on a property approximately I mile south of the Garfield County Airport on County
Road 319 and Grass Mesa Road owned by Robert T'Lazier'"
18
h. ,g-"t t* the applicant requests approl al of the Slrecial Use Pcrmil
1rplicatir)nS[llrjecttrrthetel.nrs:ln(lc0ntlitionsu',,,u}@
e Garlield Cotrntr Board of Ctltrnt) Conlntissitlne
@hattheseternrSantlconclitionsbeconsiStent\\iththosr
imlrosecl otr ti
.fi*ttt I-.aclditional builclings ma) be reqtrircd to tile tor revision
this Slrecial Lrse Permit or as a rate at)t)lication as clesirecl
Exhibits for Robert T. Lazier SLIP Public Hearing held on August 2,2004
Exhibit Letter
(Ato Z)
Exhibit
A Mail Receipts
B Proof of Publication
C Garfield County Znnns.Regulations of 1978, as amen4:d
D Garfield County Comprehensive Plan of 2000
E Application
F StaffMemorandum
G Review Memo: Rifle Fire Protection District
H Review Memo: Colorado Geological Survey
I Review Memo: Garfield County Road & Bridge Deparhnent
J Review Memo: GarFreld County Vegetation Management
K R*ri"* M"*": Garfield County Engineer, Chris Hale of Mt. Cfqqqllg*eerin€-
i ulgarDlauotr: r\trws fa.ful;llei
tt Natl-Oilweil Ioc (NYSE: NOI)
Sector: En et54 ! nd ust;'y : O i l Well-Servi ce-s &- Equi pmerlt
Symbol I"-ast Time Change ToChange
NqI 27.73 7l)6PM 0.23 0.84%
(0rerhigtxto&y)
High [.ow Vohme
Tt.98 27.63 40,,@0
I q6v r rsr
Member Recommerdatims
l9 Lond 0_Short
Fundamental
"
Profile
oKey_ Ratios
oAlqlysts
"Eamings
o lnsiders
G€iffieE7*
3147t6/-
fi1n
}.IYSE
0.86
85.80
$2,379.15
Vol T€hmge
-31.049"
Busineee Overykw
National€ilwell designs, rnanufactures and assembles drilling rnachinery, induding dra*uorlq mud pumps and porer
suivels, and oftrs comprehensive supply cfiain integration services. Forthe 3 rnonths ended 381^)4, rcMenues hll 1% b
$496.2M. Net incorne tell SToA to $1IM. Revenues refleci adedine in capital equipnrent revenue and lorer volurne. Net
income reflects higher S@A expenses and decreaed inbrest hrcone. httrJfoaaryv-natojl.gqm
6.@
&.-a
la.E
Ofiicets
Menill A Miller Jr., Chmn./Pres-/CEO
Steven W KraUin, CFOIVP
Jon Gjedebo, Exec. VP/CTO.
Jon Gjedebo, Exec. VP/CTO.
Extended Qu6 De
Average Bkl
Aver4eAsk
Avq Daily Vol
Fundamental Data
P/E Ratio
Float (mil)
Eamings Per Share
(MRO)
Price/Book Value (MRQ)
Dividend Rate
Last Split Date
Gronth Rates
Revenue Grorth Rate Annualized (%)
EPS Gro48r Rate An4uqlized 1?6)
Ntronal€ilwell, lrrc.
1m00 Ridrrnord Avenue
4th Fbor
Houston, TXTIU2
Plrone: (/13) 34$75fi)
Fax O13) 960-5212
Sector: Energy
lndutry: C)il l/Vefl Servi-s & Equignent
Employee:7,5(X)
Gomrc Fhanchls: PBllz@3
Earningo Anrpuncernerils : 12R1 E@3
last lrpdaech Jun 06, 2(XX
Jon G[edebo, Ex@. VP/CTO.
s2-Wbek High
S2-V\teek Lor
Excfiange
Beta
Shares Outstandino (mil)
Market Capitalizatioo Cmil)
Book Value (mil)
Yreld %
Last Split Factor
I Year
31.73
1.12
0.00
0.00
7r76,81
33.53
77.70
0.13
2.14
0.00
11119t1997
12.96
i.lA
2.00
3 Year
20.36
n.01
5 Yeer
6.7
-5.3
ttp://clearstation.etrade.corr/cgi-bin/fundamentals?Evenf profile&SymboFNOl&Referht@://clearstati... 6lllDW4
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4rr*aaa6;7q- 47
r{ATtOilALOtLIyBI ffi* -GrE !d .rrhqidr. CO. C't$s
Pd. (970) Fl-'1513
J.d;r 8. 2@a
GarfieH Cormy Boarct d Commbsimers
to8 St sr-
Ge,rwood Sptiogs, CO. 8i601
To Vvhom lt ltltay Concern:
Nafionat &hidt s rdocalirB b Rirb, Co. and vrc have b€€lt a.titE|y holGtg h a srritatle lcalion I
have discr6sed ndh JihrrrySflb he pesnEU of Easiqg a buff1g cf apo&naHy 75d) sq. tL Or
arnent le6e is rp as of Jrrre 3O. 2W and E cfEe not b exErtd lhe cocd. l/tle are g(irg lru'tl
!o rnonlh so lrp b d Sre ufnoei taportare and fire bcadon I lgve ctsa.csed ufft *lr- SlUs G't@fu
our hrsiress. NatkDa! OlrE[ is qrrenty tie tdhg suppf,er c, ffi prodrcts and ,rc i:ane
distrhrlbn enErs d orer Ore uorld fflb epecf b do rr o(cess of t6,00O,0@ Fer year h taabn
re!/F-rue anJ wtrl be errplrying 1t12 pg ,lg, h,fp uil rgsite h Cra,tdd Cor*y. Tip potlrcts tlst tltta
ca.ry are tt/pdy hdlsed h a uanfiqrse settiql *d ae defircrad b dr G.#rss via orpay
uehides. Theyard *ewitl have win be fenced because or inenfryrrril'sxlude p}e prcdLqcts.
I hope urb meels rntth your apprcrd arui ue aso look fonpard b cctfihr|irg b fie grurdt cf Garfieid
Cr.Jrty.
It t{H,t harc arty qrcslirs pbase td ttEg b cd Ine a: iqrr oorn enie'r
Sincerc*y.
Ron L. ttriltsr
DSC manager
. {ationat Oilwetl - ttorre rage
Featurcd TedtrotogV
> Ide-al-Big
>
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r l4agnqln_XP
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> S-eryr r:su b-m ef s ib ! e-P-o.'Eter
Arc|rivGs
> ?Oo-O eollPosite-Catalog
F€atured Training Gourses
> I P-s@-sC-B Hainteran-se-G-ourse
Ross Hil!il Interme!,iate S
'b-Jitrt"-nind-Geu-tEe
Roqs HillI-AdyenCed SIR
' l ai4tenance-course
Tech Poweril SCR Mainter.rance'c"";t-
Lop -D-r!ve- 9Pe rat i-on s a n-d
'Maintenance
Establlshed tn 1862, the core fioctls of Nauonal CIlwdl has been to provide
d;ft,;try riUt tftb nghest quality dlfield produds and seryices' lllith orcr
2OO worldwiOe manufaduring and service enter locations, Na$onal Oilwdl
;;pi; dftr.er tuglrsed =or"tiom that be* me€t the qu:,litv, productivity,
inO'environmental requinemenB of the energfy irdustry.
Nauonal oilwell designs, manufactures and sells majrr mecfianical
-;y1pon"ntt anO intftrateO systems for bottr land ard offshore dritling rigs'
It manufiactgres comilete lard drilling and wdl serviciqg rigs, the largest line
liriin,rg ind handting equipment in the industry, a broad offering of
OownnJe drilling molors and specialized dritling P9:, and.a]so prwid"5
*ppli Aain seriices through its global network of distritnrtion sen'ice
ceirtei= located near maior Oriltirg and prodgction ttrcaters mfld$dg
By constanfly developing new tecfrnologies and improving quallty to beter
serve the vast array of i.rstomet requiremenB, Na6onal g;lwell will contirn'n
io U" ttt" primary single s(xlre for divercifid oilfield produ€ts and seruies'
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t
Revenuc
1st Quarter
2nd Quarter
3rd Quarter
4th Quarter
Price Performance
4 \fireek
13 \ItEek
26 Week
52 Vireek
YearTo Elate
Currer* EfAValue
13day EMA
50day EMA
Short lntercst (Gt)
05/1012004
NANA
Totals
z[ntl
$496,205
$496,205
27.37
27.50
SnaresJnD
2003
$500,576
$475.398
$498,600
$530,346
$2,fi)tl,g20
2.74
2002
$388,986
$372,390
$366,929
s393,641
11,521,945
2001
l*o,272
$434,628
$486'812
$465,743
ItJ47,{55
l,lob: rrrls h tDusilds ol U'S' de
Eamings PerSlnre 2m4 2OO:! 21fi2
1st euarter $o'13 $.11 l3.3i
2nd Quarbr $O-2S $O-?2
3rd Quarter $0.23 $0.21
4th Quarter :_ E^..h-c r -ng bms. ( ,ob: Eps b dlded)
Nffi:EPSirdu<'esnon.lcg,Ihoro'IF:soequaErlyEimuE-Sup[se-s-hEaminggh.EPsexdtdE'uHeorfl
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$0-2
$0.3
$0.3
$0.3
Acfttal (%)
4.u
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33.57
15.49
24-O2
(Last plb que 61 32% above l3-day EMA)
(Ld plica ql* is 0'83% above so-day EHA)
%-ehange %Float
12-93 3'53
Efiacliue Dats: Jrln 11' zxf
Vs. S&P 50o (%)
1-1
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1.4
21.3
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tA lr.rco Company
PAGE 2/2
Board of County Commissicners
108 8th Sueet
Glenwood Springs Colorado, 8t601
Dear Sir i Madam
We have entcred into a lease agreernent rvith Mr. Sills ior the propcrty and proposed
building to be constructed on CR-319 in Garfield County located in the SWli4 SEli4 of
section 23 and rhe NWI/4 NEI/4 of spction 26 T, 63., R, 93W,of rhe 6'r'P,M.
I wss conra4ed by Mr. Sills regarding the possibility of the sper':ial use pemit going to
the Planning a,nd Zoning board for review,
I undersrard that, if this happens, it could possibly delay the project as much as 60 days.
We are closing our Cusper, Wyoming offiee to relocate to Colorado aud n delay would
really cripplc our pluts and cost us additional rnonies nol accounted for'
We are renting a snnall yard in Rifle in which thc lcase expires in September. I am unsure
if we can extend the lease on a nronlh-to-month basis as the landlord has a tenant waiting
to tako posscssion. We operated out of this yard last winter and as you know, working
withouia facility during the winter tttottths in Colorado can be quite harsh,
We searched the area for several months trying to find a suilable facility and the options
wcre very few.
During your review plocess, pleasc t:onsider the tinring issues we are facing.
We are looking forward to becoming a parl of your community.
Siocerely,
crlhefuprw=
John Chapnrau
RegionalVP
Brandt Varco
,')learstation
: News Artcles
Divkiend Gorrtr Rate turnualized (%)
Revenues
1st Quarter
2nd Quarter
3rd Quarter
4th Quarter
Totals
Eamings Per Sharc
1st Quarter
2nd Quarter
3rd Quarter
4th Quarter
Price Performance
4Wbek
13lJ\reek
26 Week
52 Wbek
YearTo Date
Cunent EtAValues
13day EMA
Seday EMA
Short lnterest (CH)
05/1012004
NANA N
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$u2,u4
J3,,2,U1
19.61
19.73
Shares (mil)
2(m3
$361,540
$357,457
$374,976
$349,697
$1,4.63,576
N2
$310,568
$336,053
$333,939
$38[,504
11335,064
ant
$274,213
$303,875
$327.472
$362,249
$1,267,809
NoE: u*ts h Urusands o{ U-S- dots
Antf
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2m3
$0.21
$0.15
$o.27
$0.05
xn2
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$o22
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(Lat prb qt C '6 -1 .12% below 5$day EMA)
% Ghange %Float
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Martelplaqq I AboULU! I Help lFqeObad( lliettlqeriSreg@nt lFrtY?Svstltement lAt've@ lJojn I EAQ
If anything remotely Pertinent happens to your stock
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Eurp{oleOrmcd ConPanT
DRNNAGE REPORT
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LINP SuRvgvlttts
CIVIT- ENEINEERING
UEAryEtsE EHEilEIK E@ffiTE@UTS'
PRELIMII{ARY PI"AN SI]BMITTAL
PREPARED FOR:
Mamm Creek Corrrmons, L[.C.
4s70sltrglwaY 6 &.4
Glenwood Springs, CO 81601
(970) %5-es11
PREPARED BY:
Hig! CountrY Fngineenng Inc.
1.517 BlakeAvenue, Suite L01
Glenwood SPrings, CO 81601
(e70) e4s-ffi76
HCE JOB NO.2031046.00 x0418
Febnrary 25,?M
Revised: JulY2l,?.AM
kdwpV03\lM6lpretiminarydrainagp -doc
Prepared By:
Scott Gregory,
Reviewed
I*slie A Hope,
1 5 1 7 Blake-Aven*,j:.^: 191
14 lnverness Dri'rc East, Suitc F-120
Enslewoo,t CO 80112
,W',iujs
,w
Colorado Registered Professional
F.n gineering Department
INTRODUCTION
The propossd lvlamm Creek Commons, a cluster housing projecl consists of zubdivi.ling
,ppro*i-"trty 47 20 acres iato tw€,rtyfie resid,mtial lots, The project site is located in portions
of Sections 23 atd26 of Township 6 South and Rauge 93 West of fte Sixth Prircipal Meridian,
Cormty of ffiel4 State of Colorado. Tbe proposed subdivision is bouded on the east by
County Road 319, private property along the north and south bormdaries' ad tbe entire west side
of the subdivision boarders BIA,{ laod. I-70 is approximdely 7000 feet norttr ofthe subdivision.
Please see Figrne 1: Vicinity Map.
OFF.STTE BASINS
The Dry Creek drainage basin, approximately 4,522 acr€sr, is south and east of the Foposed
properly and does rct influence tb proposed site. This kin will continue to flow on its historic
path to the existing 90" CMP culvert (Desigp Point #2)that conye)is the flow rmder County Road
3I9. Tfuere ae offsite basios located to tk west aod south of the development. The hydrology
and hydraulics of these off-site basins are described below; see Figrrre 5: Proposed Drainage
BasinMap.
Offsite Basin *OS-l- is located to the west and south of the propod site and is approximately
12.90 acres. The vegetation consists of pinyons, jrmipers, sagebnrsh and qparse native grasses
(p€r the *Vegetation Report for tk Proposed Mamm Crc€k Commons", prqparcd by Beattie
S/ildlife Consulting, Inc, dated November 2003). The soil t,,pes are primarily Hydrologic G'roup
Type B and D (per the SCS Soils Survey for Rifle Ar€a). During the lfiFyear 24 horr storm
even! *OS-l'wiII produce approximatety Qro:7.80 cfq ad rcS-2'will have a peak flow of
Qroo = 62.01 cfs. See the calculations in the Appendix. These basins are conveyed to the west
side oftk proposed site where tky will contribtrte to tk onsite flow.
Offsite Basin "OS-2- is also located to the south ad west of the proposed site and is
4proximately 667.65 eres. Offsite Basin rcS-2" florts into tre w€st sid€ of the proposed site
via an existing drainage channel and continues through the site in said chanrel, through 61
oristing 48' culvert, and dischrges under CR 319 in an existing 60" culvert (Design Point #1)
and outfalls into Dry Creek to the east of the development Offsite Basin "OS-1" flows onto the
prqposed site from th west and skt flows across the proposed development flows uder CR
319 via an existing 60" culvert and oudalls into Dry Creek Offsite Basins "O$1" and "OS-2"
will rernain in his*oric conditions- The existing channels d culverts will convey the offsite
flows for the 1001rcar,24 hour storm event
There are six otber offsite basins that will contrihrte flows to the proposd development. These
are "OS-3 through OS-8" respectively. These six basins are located to the north of the proposd
site, and will all remain in historic conditioas. The entire ara to tk mrtlL consisting of these
six offsite basins, will continue to convey flows to the existing channel that rums parallel with
Grass Mesa R4 but has be€o divided into these six strb hsins to aide in the desip of the
proposed culverts that will be installed with th€ proposed roads and drivewala. At Design Point
#1, Basins O$1 &rougb OS-9 combine at the existing 60" culverl Tk vegetation consists of
pinyons, junipers, sagebrush and sparse native gasses. The soil t)?es are primarily Hydrologic
Pe.3
a
IIII
I
Augu$ 2,2M
Mr. ftm lfrdc*le
Gadeld County Building &' Planning Oepartment
t08 86 ft€€t Suite 201
Glenwood SPriryP' Cobre 8160I
Re LAZtrERSPBCIAL USE PERIVIIT
BI'IU)INGS I &2
4(-,
,r/nryzfztf C
JIMMY SILIS
$TAsHw.'r 6 &A
GLENVy(X)D SPRTNGSL C{)- 81601
PHOntE y10.917- 95ll
rAx vt0. 947- yrs3
t,^tfr
cPsk
7 r*-:#w,{frl
Dca Jim,
In reviewing the Mamm Crcek Comms PRO,trElCT INFORMATION AND STArF
CoMMENTS I find ee folowing informatim ft8t sh@ld be poviH to the Bocc re a
partofthcrsviewforthisSp€GialUsePermit4plicdion:
A- The Pbn Itf,.D
The prcperty is located in study AtT,2md is onsidered olsly'mg Residential
land- Statrhas reviewed tre maes wiftin tte Compretensive Plan and has
eermidthere ae no issres ornm.conformace o@?m rynatre taad
*i"n i- -"Or"rc t" *U"*" md findstrd te proposea &velryent is in
conformance *it tn pfm*rps Srrrormding Uoa rrses irchd3 commciaL
Industrial a"d propo5ed ,r""* oi,-ao,"tqpud lots for industrial SPecial P€rmit Use
of Gas md Oil induslry relded dwelopment
2.O Housing
Obiective:
23 Resifutial Dwelopnent Sould be de$Spcd md located to ensre
compatibility wift existing and fuhrc adjacent &velopmenl
Stefi Comment fu existing ana proecea developmeil in qP immedide
,r*ffi-ry industrial in-mtrtrc md nd compaiUle wilh fu Feosat-
I
Resid€iltial dotelopment should rcspectfu mfiral charac'teristics of aparticulr
sitc, inclu.ling tof-;*.rphy, veg"t*ioq u'at€r ftmresr gsologr, md vi$nl
relationshipsr ritn srrrrormai"g land uses and view sh€ds'"
steficomnert Dueto vaious geologfo, +"try eventand vegetation
ffi intrc attrclred€ogio€€dngaod state gcologic
reviews it is determined tLc Apptient hrc NOT mct tLis item.
Additiomlly' tk rcf,diodip ofthe lroeosal to other smounding uses
aod fu "i*"t relationships wim srrrorming land uses ad view Scds
warrets firtfugr investigation md r#ign fut woutd reflrlt in a layou
tbd is imp6ct€d less by the srrromding less restictive developmerl
Th above comm* and information ctealy identifi, the Special use permitapplication
should be consid€rcd as applicable to existirylmd rse-
Sincerely,
4?Ez
,/ Jimmy Sills
EDWARD MULHALL, JR.
Scorr BaLcoMB
LAWRENCE R. GREEN
TrMorHY A. THULSoN
DAVID C, HALLFORD
CHR|SToPHER L. CoYLE
THoMAS J. HARTERT
CHR|SToPHER L. GEtcER
ANNE MARIE MCPHEE
DEBoRAH DAVrs*
SARA M. DUNN
* ALso lovrneo ro PRAcrrcE N
NEw YoFK aND MrssouRr
VIA HAND DELIVERY
IlAr,coMB & Gnppx, P.C.
ATTORNEYS AT LAw
P.O. DR-.\\VER 79()
8I8 COI-OR-A.DO A\/ENUE
Gr-EN\VOOD SPRTNGS, COT,ORADO 8 l(i02
TEr,r.rPHoNE: 97O.945.6546
FACSrNrrr,r: 9?O.945.89OP
.ww,w.IIAI,COMBGREEN.COM
August 2,2004
oF CoUNSEL:
KENNETH BALCOMB
JoHN A. THULSoN
Carolyn Dalgren
Garfield County Attorney's Office
108 8'h, Ste.219
Glenwood Springs CO 81601
Re: Applications for: a) Preliminary Plan Subdivision Approval by Mamm
Creek Commons, LLC; and
b) Application for Special Use Permit Approval by Robert T.Lazier
Dear Carolyn:
As you are aware, under both of the applications above-referenced, domestic
water service is proposed to be provided by and through a privately held water
company-the 319 Water Company, LLC ("Water Company"). As structured under these
applications, the Water Company would own all of the water distribution facilities (we11,
pumps, lines, storage tank and treatment facilities along with all associated water rights
(West Divide Water Allotment Contract)) and would provide service to the subject
properties pursuant to water service contracts. The Water Company is a Colorado
Limited Liability Company wholly owned and managed by Robert T.Lazier and Jimmy
Sills both of whom are, in turn, the sole owners/members of Mamm Creek Commons,
LLC.
As related by you, County Staff will object to this proposed utility arrangement
under the policy historically enforced by the Board of County Commissioners which
requires ownership of all such facilities to be vested exclusively in either the applicable
homeowners association, city town or other quasi governlnental entity such as a special
district. Although I am unaware of any specific regulation in this regard, it is
understandable why the County would not want to subject future homeowners/tenants
to the whims of an unregulated entity in which they have no voice or authority.
Relative to the Mamm Creek Commons Subdivision, applicant proposes to
transfer to the Homeowners Association to be created ownership of all water
IlAr,coME! & GRPP}{, P.C.
AI"I'ORNEYS A'l'LAW
August 2,2004
Page2
distribution facilities along with all contracted for water rights. Following the same form
as that incorporated within such a project as Cerise Ranch, Sun Meadow Estates
Subdivision, etc., this system would then be governed in accordance with the terms and
conditions to be incorporated within the Protective Covenants. In order to allow future
service within the property the subject of the Lazier Special Use Permit, the Lazier
property would be identified within the Protective Covenants as additional property
which could be added to the common interest community at a later date pursuant to
exercise of the reserve declarant rights of Mamm Creek Commons LLC. This structure is
expressly contemplated under the Colorado Common Interest Ownership Act (See
Section 38-33.3-103(14) and 38-33.3-27q.1
I look forward to discussing this matter further with you Monday.
Very truly yours,
BALCOMB & GREEN, P.C.
TAT/pb
cc: ]immy Sills
lIn the event only the Lazier properfy is entitled, continued ownership and operation by the 3 I 9 Water
Company would be appropriate given that this property contemplates only leasehold interest.
O \WP Docs\2oo4\Timuimy Sills\L02 to Cty Any.wpd
€rJT -T
JIMMY SILLS
45705 HWY 6 &24
GLENWOOD SPRTNGS, CO. 81601
PHONE 970.947. 95tl
FAX 970.947.9233
EMAIL llc3l9prooerties@vahoo.com
July 30,2004
Mr. Jim Hardcastle
Garfield County Building & Planning Department
108 8th Street, Suite 201
Glenwood Springs, Colorado 81601
Re: LAZIER SPECIAL USE PERMIT
PROPERTY LINES
Dear Jim,
In response to your concern regarding the continuity of the 38.18-acres of the Special Use
Permit the following chain of events may be useful.
Bob Lazier began negotiating with Bill Collins, Don Scarrow, and myself for the
purchase of the SUP parcel of land sometime back. This purchase is subject to the
approval of the SUP and no documents are to be recorded prior to the August 2,2004
BOCC meeting.
Bob Lazier and I created the 319 Water Company on January 8,2004. A part of this
arrangement and purchase included transferring as a first step 36.05-acres into the water
company. Considering the advantage of having a secondary access to this 36.05 parcel
resulted in creating the concem of continuity.
Attachment A includes the Quit Claim, Legal Description, and a Plat indicating the area
of concern of this 36.05-acres transferred into the water company. My thinking was that
parcels in excess of 35-acres was a given and the continuity issue did not come up at that
time. This issue was first brought to my attention by you on July 26,2004. Our attomey
does not believe continuity is an issue, however, if it is a problem the resolve is quite
easy and the documents have been prepared for recording.
Attachment B is the Legal Description of the remaining 38.18-acres after-this original
transfer indicated above, which are the lands of the Special Use Permit application. The
documents for the potential transfer of this parcel from Lazier are not important to this
issue so I won't brother you with them unless you need them for something'
Attachment C is prepared for your review as the way to address your concerns. This new
Legal Description of the 36.05-acres will replace those of Attachment A- As you can see
the 36.05-acres decreased to 35.75-acres.
Attachment D is the revised l-egal Description of the lands for the Special Use Perrrit
application that will increase to 42.25-acres. This acreage includes the3.77-acres for CR-
fl'q. This should make everything work out, as the acreage of the SUP lands is now a net
of 38.48-acres.
Attachment E is a detail of how the lands are being corrected as the result of these new
Legal Description. As you can see the continuity exists and the easement created will
provide the secondary access to the 35.75-acres.
Thanks a lot for catching this potential problem, it's a whole lot easier fix now than it
would have been later. I am looking forward to finishing the Special Use Permit and the
Mamm Creek Commons projects into well planned, and equally well-constructed
products and your guidance and assistance has been and is greatly appreciated.
Sincerely,
4-r', :r/L-z "{;---{
/ Jimmy Sills
4rr*r.yr,or-ntr 4
QIIIT CI,AIM DEED
THIS DEED is made this e i / ,o{2OA4, between Robert T. Lazier,
Grantor and 319 Water Company, lLC.( a Colorado limited liability company, whose
addless is 45705 Highway 6 &24, Glenwood Springs, CO 81601, Grantee.
WITNESSETH, That Grantor, for and in consideration of the sum of TWo
Dollar.s and other good and valuable considerations, the receipt and sufficiency of
whichbeingherebyacknowledged,doesherebyremise'release'sell'andQUIT
CI"AIM unto the Grantee, its successors and assigns forever, all the right, title,
interest, claim and demand which Grantor has in and to the following described real
property situate, lying and being in the County of Garfield and the State of Colorado,
to wit:
All that r.eal propert5r as more particularly described on Exhibit A attached hereto and
made a part hereof by this reference.
with all appurtenances.
IN WITNESS WHEREOF, Grantor
fust written above.
Etatrr fi
PROPERTY DESCRIPTION
A PARCEL OF LAND SITUATED IN THE SEI/4 SEI/4 OF SECTION 23' AND THE NI/2
NE,I/4 OF SECTION 26, TOWNSHIP 6 SOUTH, RA}TGE 93 WEST OF THE STXTH
PRINCIPAL MERIDIAN, GARFIELD COUNTY, COLORADO' SAID PARCEL BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGTNNING AT THE SECTION CORNER COMMON TO SECTIONS 23' 24' 25 A}'ID 26
WHENCE T}IE WTTNESS CORNER TO SAID SECTION CORNER BEARS NORTH 75'92
FEET: T}MNCE S.OO"52'09'E. ALONG THE EAST LINE OF SAID SECTION 26 2Y+'71
FEET; THENCE LEAVING SAID EAST LINE S.89"39'50',w. l3l4' 14 FEET TO A POINT
ON THE NORTH SOUTH CENTERLINE OF SAID NI/z NEI/4 SECTION 26; THENCE
S.OO"29'34'E. AI.ONG SAID NORTH SOUTH CENTERLINE 62'94 FEET; T}IENCE
LEAVING sAlD NoRTH S0UTH CENTERLINE N.9o.0o0o,w. lx).26 FEET To A PoII\iT
oNTt{EEASTERLYRIGIIToFwAYLINEoFCoUNTYRoAD3IgASDESCRIBEDIN
BOOK 79 AT PAGE 5It OT THE GARFIELD COL]NTY CLERK A}-ID RECORDERS
0FFICE; THENCE N.l5"l4'12',E. ALONG SAID EASTERLY RIGHT OF WAY LINE 141'83
FEET;THE}ICEEAVINGSAIDEASTERLYRIGHToFwAYLINEN.Eg"3gso,E.S2a.95
FEET; THENCE N.08'21',52',E. 890.01 FEET; TIIENCE S.4l'0I30'E' 42'f|5 FEET; THENCE
s.25'O5CI3" E.2O7.ilOFEET; THENCE S.34"56'44"E. 40'69 FEET; THENCE 5'76'13',47',E-
36.4IFEET; TI{ENCE N.64'02',14',E. 50.14 FEET; THENCE N'07"21'30',E' 3l'71 FEET;
THENCE N.50"342I "E.ilOl.ilOFEET; T}IENCE N'22.49'38"W. 529'64 FEET; THENCE
N. 53 "39'22'W . 287 .g3 FEET; THENCE S. 89"48'4 I "W. I 8 1 .65 FEET TO A POINT ON THE
EASTERLY RIGHT OF WAY LINE OF SAID COLiNTY ROAD 319; THENCE N'07'3340"8'
ALONG SAID EASTERLY RIGHT OF WAY LINE 77.09 FEET TO A POINT ON THE
N0RTHERLY LINE oF SAID sEI/4 SEI/4 SECTION 23; THE}.ICE LEAVING SAID
EASTERLY LINE A}.ID ALoNG SAID NoRTHE,RLY L[.IE N.E9.4t,41"8. 1233,69 FEET To
THE NORTI{EAST CORNER OF SAID SEt/4 SEI/4 SECTION 23; THENCE S'00"03'45',8'
ALONG THE EASTERLY LINE OF SAID SEl/4 SE1/4 SECTION 23 1316'73 FEET TO THE
POINT OF BEGINNING. SAID PARCEL CONTAINING 36.05 ACRES' MORE OR LESS'
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Page I of2
7kr4rr-aJrE
PROPERTY DESCRIPTION
A PARCEL OF LA}{D SITUATED IN TI{E SI/2 SEI/4 OF SECTION 23, A}ID THE NI/2
NEI/4 oF SECTION 26, TOWNSHIP 6 SOLmI RANGE 93 WEST OF THE SD(TH
PRINCIPAL MERIDIAN, GARFIELD COUNTY, COLORADO; SAID PARCEL BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS :
BEGINNING AT TI{E NORTHWEST CORNER OF SAID SI/2 SEI/4 SECTION 23' ALSO
BErNG TI{E CENTER SOUTH 1/16 CORNER OF SAID SECTION 23; T}IENCE
N.89'48'4I'E. ALONG TIM NORTH LINE OF SAID SII2 SEII4 I4IO.5I FEET TO A POINT
ON TI{E EASTERLY RIGHT OF WAY OF COUNTY ROAD 3I9 AS DESCRIBED IN BOOK
79 AT PAGE 588 OF THE GARFIELD COUNTY CLERK AI'{D RECORDERS OFFICE;
THENCE LEAVING SAID NORTHERLY LINE AND ALONG SAID EASTERLY LINE
s.07"33'40" w. 77 .Og FEET; TIIENCE LEAVING SAID EASTERLY LINE N-89"48'41',E'
ie t .os FEET; TTTENCE s.si"3s2z"E. zB7 .93 FEET; THENCE s.22" 4938"8- 529 .64 FEET;
TI{ENCE S. 50"3 4'2 1 " W . 2Og.2O FEET; THENCE S. 07"2 l'30'w. 3 I . 7 I FEET; THENCE
s.64"02'14,W. 50.14 FEET; THENCE N.76"13'47',W. 36.49 FEET; TIffiNCE N'34"56'44',W'
40.69 FEET; THENCE N.25'05'03"w. 202.50 FEET; THENCE N.4l "01'30*w . 42-66 FEET;
THENCE S.08"21'52'W. 890.01 FEET; TIIENCE S.89"39'50'W. 320.95 FEET TO A POINT
ON T}IE EASTERLY RIGHT OF WAY LINE OF SAID COUNTY ROAD; THENCE
s.15"I4'I2,w, ALONG SAID EASTERLY LINE I41.83 FEET; THENCE LEAVING SAID
EASTERLY LINE N.90"00',00'E. 190.26 FEET; TI{ENCE S.00"29'34"E. 598-79 FEET;
THENCE S.89"39'50'W. 398.08 FEET TO A POINT ON TI{E EASTERLY RIGHT OF WAY
LINE OF SAID COUNTY ROAD; TIIENCE 5.25"24'26'W. ALONG SAID EASTERLY LINE
4OO.OO FEET TO A POINT ON TI# SOUTH LINE OF SAID NI/2 NEl/4 SECTION 26;
THENCE LEAVING SAID EASTERLY LINE AND ALONG SAID SOUTH LINE
S.89"39'50'W. 748.M FEET TO T}IE SOUTHWEST CORNER OF SAID NI/2 NEI/4 ALSO
BEING THE CENTER NORTH CORNER OF SAID SECTION 26; THENCE N.0I.07,22"W.
ALoNG TIIE wEsT LINE oF SAID NI/2 NEI/4 367.89 FEET; THENCE LEAVING SAID
ryEST LINE N.9O"OO',0O"E. 415.17 FEET; THENCE N.45"1E38"E. 851.97 FEET; THENCE
N.9O"OO'OO"E,. 46.32FEET TO A POINT ON TIIE WESTERLY LINE OF SAID COUNTY
ROAD; THENCE N.l5"l4'12"E. ALONG SAID WESTERLY LINE 155.46 FEET; THENCE
CONTINI.]ING ALONG SAID WESTERLY LINE N.IO'03'25"8. 152.34 FEET; THENCE
I-EAVING SAID WESTERLY LINE N.90"00',m'w. 152.34 FEET; THENCE N-10"03'25',E'
1Z.T1FEET; TI{ENCE N.O8"2l'52"8. 697.63 FEET; THENCE N.45"00'00'W 234.89 FEET TO
A POINT ON TIIE CENTERLINE OF A 60 FOOT EASEMENT AS DESCRIBED IN BOOK
594 AT PAGE 886 OF TI{E GARFIELD COUNTY CLERK AND RECORDERS OFFICE;
THENCE N.66"56'40.8. ALONG SAID CENTERLINE 163.q}FEET; THENCE LEAVING
SAID CENTERLINE N.00"01'00"8.364.95 FEET; THENCE S.74"19'03"W. 1143-00 FEET TO
?
l)ase 2 o[ ]
\ POIN]'ON TIIE WESTERL\'I,INE OF SAID SI/2 SEIi'I SECTION 2J.-TI{ENCE ALONG
SAID IVF.STERI-Y LINE *.U''"g5't]I)'E -i I5 J4 FEET SAID PT\RCEL CONTi\INING 4I 95
ACRES. MORE OF LESS
EXCEPTING FROM THE ABOVE DESCRIBED PARCEL. A OO FOOT RIGHT OF WAY
BETNG COUNTY ROAD 319 (BOOK 79 AT PAGE 588). SAID RI(;H'|'oF wAY
CONTAINING 3.77 ACRES. IVIORE OF LESS.
,4rra-r,frne-atr L
QUIT CI,AIM DEED
THIS DEED is made t* ?/ e 2OO4, between Robert T- Lazier,
Grantor and 31g water Company, ffiuGto*do limited liabfity company, whose
"Ja.=* is 4b70b Highway 6 &z+,Glenwood SpringB, CO 8160r, Grantee'
WITNESSHffiI, That Grantor, for and in mnsideration of the sum of Tho
Dollars and other g*d and valuable considerations, the receipt and sufficiency of
**"U being herebl ackuowled.ged, does hereby lemise, release, sell, and qUIT
CLAIM unto the Grantee, its surcssors and assigns forever, all the right, title,
interest, claim and demand which Grantor has in and to the following described real
;;"rq, situate, lyrng and being in the Counry of Garfield and 1he State of Colorado'
to wit:
AII that real property as mor€ particularly described on Exhibit A attached hereto and
made a part hereof by this reference'
with all appurtenanres-
IN WTTNESS WHEREOF, Grantor has
fust written above-
€x*tstr /
PROPERTY DESCRIPTION
A PARCEL OF I-AND SITUATED IN TI{E SE1/4SE1/4 OF SECTION 23, A}ID TI{E NI/2
NEl/4 OF SECTION 26, TOWNSHIP 6 SOUTH, RANGE 93 WEST OF TTIE SD(TH
PRINCIPAL MERIDIAN, GARFIELD COI.]NTY, COLORADO, SAID PARCEL BEING MORE
PARTICULARLY DESCRIBED AS FOLI,OWS:
BEGINNING AT TI{E SECTION CORNER COMMON TO SECTIONS 23, 24,25A}.,ID 26,IN
SAID TOWNSHIP A}.ID RA}IGE, WHENCE THE WTTNESS CORNER TO SAID SECTION
CORNER BEARS NORTH 75.y2 FEET; THENCE S.00'52'09'E. ALONG TIIE EAST LINE OF
SAID SECTION 26,294.71FEET; TI{ENCE IfAVING SAID EAST LINE S-89'3950"W.
1461.M FEET; THENCE N.l5"14'12"L77.65 FEET; THENCE N.89'39'50"E. 295.00 FEET;
THENCE N.08'2 I'5 I "E. 890.0 I FEET; TIIENCE S.4 I'0 l'30"8. 42.66 FEET; THENCE
S.25"05'03'8.207.50 FEET; THENCE 534"56'44"E 40-69 FEET; THENCE S-76"13'47'E-36-49
FEET; TI{ENCE N .&' V2' 14"8 50. 1 4 FEET; THENCE N.0T'21 30"E - 31 -7 7 FEET; THENCE
N.50"3421"8-20920 FEET; THENCE N.22'49'38"W. 529.64 FEET; THENCE N.53'3922"W.
287.93 FEET; THENCE S.89'4841"W. 181.65 FEET TO A POINT ON TIfi EASTERLY
RIGHT OF WAY IJNE OF COI.]NTY ROAD 319 AS DESCRIBM IN BOOK 79 N PAGE 588
OF TIIE GARFIELD COUNTY CLERK AIID RECORDERS OFFICE; THENCE N.07'33'39'E.
ALONG SAID EASTERLY RIGHT OF WAY LINE 77.09 FEET TO A POINT ON TI{E
NORTHERLY LINE OF SAID SE1/4SE1/4 SECTION 23; THENCE LEAVING SAID
EASTERIY RIGHT OF WAY LINE AND ALONG SAID NORTHERLY IJNE N.89'484I"E.
1233.69 FEET TO TIIE NORTHEAST CORNER OF SAID SE1/4SE1/4 SECTION Z; THENCE
S.OO'0345"E. ALONG TIIE EASTERLY LINE OF SAID SEI/4SE1/4 SECTION 23 1316.73
FEET TO T}IE POINT OF BEGINNING. SAID PARCEL CONTAINING 35.75 ACRES, MORE
OR LESS.
TOGETFIER WITH AN ACCESS A}ID UTIUTY EASEMENT BEING 25 FEET BY 74.80
FEET SITUATED IN TI{E NW1/4NEI/4 OF SECTION 26, TOWNSHIP 6 SOUTH, RA}.IGE 93
WEST OF T}IE SDffH PRINCIPAL }vCRIDIAI.{, GARFIELD COUNTY, COLORADO; SAID
EASEMENT BEING MORE PARTICI.]I-ARLY DESCRIBED AS FOLLOWS: BEGINNING AT
THE SECTION CORNER COMMON TO SECTIONS 23, 24,25 A}ID 26 OF SAID TOWNSHIP
AND RANGE, WHENCE TI{E WTTNESS CORNER. TO SAID SECIfON CORNER BEARS
NORTH 75.92 FEET; THENCE S.80'57'58"W. 1454.17 FEET, TO TIIE TRUE POINT OF
BEGINNING: THENCE S.I5'14'12"W.77.65 FEET; TIIENCE S.89'3950"W- 25-95 FmTTO A
POINT ON THE EASTERLY RIGITT OF WAY LINE OF COUNTY ROAD 319 AS
DESCRIBED IN BOOK 79 AT PAGE 588 OF TI{E GARFIETD COUNTY CLERK A}.ID
RECORDERS OFFICE; TI{ENCE N.l5'14'12"E- ALONG SAID EASTERLY RIGIIT OF WAY
LINE 77.65 EEET; TIIENCE LEAYING SAID EASTERLY RIGHT OF WAY LINE
N.89"39'50"8.25.95 FEET TO T}IE TRUE POINT OF BEGINNING.
s-$ffi
rr fo-z- zl-o#4.--
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fora**ztn )
PROPERTYDESCRIPTION
A PARCEL OF LAND SITUATED IN THE $NSEII4 OF SECTION 23, AND THE NII2 NEI/4 OF
SECTION 26, TOWNSHIP 6 SOLM{, RANCE 93 WEST OF THE SDffH PRINCIPAL MERIDIAN,
GARFIELD COUNTY, COI,iORADO; SAID PARCEL BEING MORE PARTICUI-ARLY DESCRIBED AS
FOLI-,OWS:
BEGINNING AT T}IENORTHWES'T CORNER OFSAID SII2SEI/4 SECTION23, AISOBEI}{G THE
CENTER SOUTH l/16 CORNER OF SAID SECTION 23; THENCEN.S9'48'41'E" ALONG THENORTI{
LINE OF SAID S I I2SEI/4 14 IOJ I FEET TO A POINT ON T}IE EASTERLY RIGHT OF WAY LINE OF
O3t'NTY ROAD 3I9AS DESCRIBED IN BOOK TgATPAGE 588 OF TT{EGARFIELD COIJNTY CLERK
AND RECORDERS OFFICE; THENCE LEAVTNG SAID NORTHERLY LINE A}ID ALONG SAID
EASTERLY RIGfrf OF WAY LINE S.07'3339"W . 77.W FEET; THENCE LEAVING SAID EASTERLY
RIGHT OF WAY LINE N.89'4S4 I "E I t I .65 FEET; TIIEhICE 553'3y22'E.. ?Xl -93 FEET; TI{ENCE
5.22"4938"8.529.A FEET; THENCE 550'3421"W-ZA9.2O FEET; THE:IlCE S.072130'W-31.71FEET;
THENCE S.64'02'14"W. 5O14 FEET; THENCEN.76l3'47"W.36.49 FEET; THENCE NS4'5644"W.40.69
FEET; TFIENCEN25'0503"W.2fi750FEW;THENCEN.4I'0t30"W.42.66 FEET; THENCE 3.08'2151'W'
890.01 FEET; THENCE S.89'3950"W- 295.N FEET; THENCE S.l5'1412"W-Tl-65 FEET; THENCE
N.89"39'50"8.146.90 FEET; TIIENCE S.002934"E 61.73 FEET; THEI.ICE S.893950"W.398,0E FEETTO
A POINT ON TI{E EASTERLY RIGHTOF WAY LINE OF SAID COLJNTY ROAD; THENCE Sr5'242;"W.
ALONG SAID EASTERLY RIGHT OF WAY LINE 4OO.OO FEET TO A POINT ON THE SOUTH LINE OF
SAID NlzNEl/4 SECTION Zi; THENCE LEAVING SAID EASTERLY RIGIITOF WAY LINEAND
ALONG SAID SOUTH LINE S.8939fl)'W. 748.M FEE]'TO TI# SOUTHWESTCORNER OF SAID
Nl/2NEl/4 AISO BEING THE CENTER NORTH l/16 CORNER OF SAID SECTION 26; THENCE
N.Ol'0722"W. AIONG THE WEST LINE OF SAID Nll2NEtl4 367.89 FEET; THENCE LEAVING SAID
WEST LINE N.9O'(X)OO"E" 415.17 FEET; THENCE N.45'1988'E. 85197 FEET; TIIENCE N.q)'OmO'E,
46.32FEE[ TO A POINT ON TI{E WESTERLY RIGrrr OF WAy LINE OF SAID CI}UNTY ROAq
THENCE N.l5'14'12"E AITONG SAID WESTERLY RIGHT OF WAY LINE 155.46 FEET; THENCE
CONTINUING ALONG SAID WESTERLY RIGHT OF WAY LINE N, l0'0325"E . 15234 FEET; THEI.ICE
LEAVING SAID WESTERLY RIGIIT OF WAY LINEN.90'(X)'00'W. 15234 FEET; THENCEN-10'0325'E
82.79FEET;TI{ENCEN.082l52"E.6yl-63 FEET; THENCEN.45'(B0O'W 234.89 FEETTOA POINTO{
THE CENTERLINE OF A 60 FOOT EASEMENT AS DESCRIBED IN BOOK 594. AT PAGE t86 OF TT{E
GARffiLD COT NTY CLERK AND RECORDERS OFFICE; THENCE N.66'56,rm"E AI0NG SAID
CENTERLI}.IE 163.92 FEET; T}IENCELEAVING SAID CENTERLINEN.OO.OITO.E. 3&.95 FEET;
TIIENCE S.74'I9O3"W. I I43.M FEETTO A POINT ON TTIE WESTERLY LINE OF'SAID SIIzSEI/4
SECTION 23; THENCE AI,ONG SAID U/ESTERLY LINE N.OO.OSTO.E. 3 1534 FEET TO THE POINT OF
BEGINNING. SAID PARCEL CONTAINING 4225 ACRES. MORE OF LESS.
EXCEPTINC FROM THE ABOVE DESCRIBED PARCEI. A @ FOOT RIGHT OF WAY BEING COI.'NTY
ROAD 3I9 (BOOK 79 AT PAGE 588). SAID RIGHT OF WAY CONTAINING 3.77 ACRES, MORE OF
LESS.
ALSO SUBJECT TO AN ACCESS AND UTILITY EASEMENT BEING 25 FEE;T BY 74.80 FEET STTUATED
IN THE hnVl/4NEl/4 OF SECTION 26, TOWNSHTP 6 Sotm{' RANGE 93 WEST OF TI{E SD(TI{
PRINCIPAL MERIDI.AN; SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLoWS:
BEGINNING AT TTIE SECTION CORNER COMMON TO SECTIONS23,24,25 AND 26 OF SAID
TOWNSHIP AND RANGq W}IENCE T}IE WTTNESS CORNER TO SAID SECTIo}.I @RNER BEARS
NORTH 75.9)FEVT; THENCE S.80.5758.W. 1454.17 EEET, TO TI{E TRI,,E POINT oF BEGINNING:
THENCE S. I 5' I 4' I 2'W. 77 .65 FEET; TI{ENCE S.E9'3950"W . 2S.gS FEffi
EASTERLY RIGHT OF WAY LINE OF COUNTY ROAD 3I9 AS DESCRIBED IN BOOK 79 AT PAGE s8t
OF THE GARFIELD COLJNTY CLERK AND RECORDERS OmCq THENCE N.l5'l4,128" AITONG SAID
EASTERLY LINE 77.65 FEET; T}IENCE LEAVING SAID EASTERLY RIGHT oF wAY LINE
N.89'3950"E. 25.95 FEET TO THE TRI.'E POINT OF BEGINNING.
4rrq.rrrorgoT- E
25" t
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s 89"39'50'i w 295.00'
S115"1+'12" W, : 77.65'
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RECEIVED
$$,'uoffif fiffi?:,iXi:,"*'Tul 2 I 2oo4
1313 Shermon Street, Room 715
Denver, Colorodo 8020J
Phone (303) 866-261 l
FAX (303) 866-2461
GARFIELD COUNTY
BUILDING & PLANNING
GA-05-0001
Legal: SW%SEYa,Sec.23, T63, R93W, 6n PM
DEPARTMENT OF
NATURAL
RESOTIRCES
Russell Georqe
[xecutive Director
Ronold lY. Cottony
Division Director
Vincent Motthews
Stcte Geologist
Bill Owens
GovernorJuly 14,2004
Mr. Jim Hardcastle
Garfield County Building and Planning Department
108 8'n Street, Suite 201
Glenwood Springs, CO 81601
RE: The 319 Properties Special use Permit (suP) geologic hazards review
Dear Mr. Hardcastle:
Thank you for the SUP submittal. At your request the Colorado Geological Survey (CGS) has
provided a technical review of the special use development plan with regard to potential geologic
hazards and geologic conditions that may impact the proposed land use. Included with your submittal
was a bound book of application documents and a SUP application plan that shows the layouts of the
various sites or lots. The proposed land use is for industrial purposes. Neither a geologic hazards nor
geotechnical report was included in the application documents. The CGS conducted a site inspection of
the property on July 14,2004. Please consider our observations and land-use recommendations as you
consider this SUP application.
The site lies on both side of Garfield Country Road 319 about one mile south of Garfield County
Airport. The site also lies where the Dry Creek Wash roughly parallels the road, crossing it in the
southern portion of the property. Geologic mapping of the area shows the Dry Creek wash area to be
filled with sheet wash sediments and wind-blown loess. Field verification indicated that the
development sites are underlain by relatively thick deposits of fine-grained alluviums from the creek and
wind-blown dust that have been eroded by the Dry Creek arroyo.
These types of soils can be potentially problematic for structures that are founded on them. Dry,
low-density soils derived from mud-flows and wind-blown sources can be highly susceptible to erosion,
hydrocompaction, long-term settlement, and dispersiveness (prone to piping-type erosion). All these
soil properties could manifest themselves as ground settlement and soil collapse if bearing soil become
wetted or saturated, or water is allowed to drain on the surface into subsurface voids.
Further geotechnical investigations are essential to design any foundations that are contemplated
for this area. Those investigations should include certain soil index testing (moisture content, density,
and swell-consolidation testing) so that the degree of potential hydrocompaction can be assessed.
Grading and proper drainage will also be very important. Care should be made that storm drainage does
The 319 properties SUP, Page 1
Jonathan L. White
S enior Engineering Geologist
not simply course over the side of the alroyo. Piping could occur if allowed to do so, which could result
is subsidence voids, deep ground fissures and spontaneous openings referred to as pseudo-karst
landforms. Such occurrences are common where culverts cross County roads in the area and are
difficult to control once they occur. Such landforns were noted at this property where fissures, voids,
and holes have formed near the gully edge. To help prevent potential foundation settlement, positive
grades must be established from the foundation backfill so that water will not collect at the foundation
walls. Roofs should have rain gutter equipped with downspout extenders so water is not allowed to flow
next to foundations. Proposed sites 5 and 6 are the closest to the steep arroyo and may be most
susceptible to possible ground fissures and voids impacting the structure if proper storm water
management is not done.
Other than the water-sensitive soils, we find no other geologic hazard or condition that will
appreciably impact this site. Further investigations are warranted for proper foundation design and to
determine feasibility of ISDS. If you have any questions, please contact this office at (303) 866-3551 or
e-mail: jonathan.white@state.co.us
Sincerely,
The 319 properties SUP, Page 2