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HomeMy WebLinkAbout1.01 Supplemental ApplicationGarfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-county.com ,11,G ,_1.if.11111'6. Owner/Applicant Name: GCASA II, LLC Phone: ( 720 ) 341-6050 Mailing Address: 401 Tree Farm Dr City: CarbondaleState: CO zip Code: 81623 • Administrative Review ❑ Development in 100 -Year Floodplain • Limited Impact Review 0 Development in 100 -Year Floodplain Variance — Major Impact Review • Code Text Amendment • Amendments to an Approved LUCP 0 LIR DMIR 0 SUP • Rezoning • Zone District ■ PUD ■ PUD Amendment ❑ Minor Temporary Housing Facility • Administrative Interpretation Vacation of a County Road/Public ROW 0 Appeal of Administrative Interpretation ❑ Location and Extent Review • Areas and Activities of State Interest ❑ Comprehensive Plan Amendment • Accommodation Pursuant to Fair Housing Act 0 Major • Minor ❑ Pipeline Development • Variance • Time Extension (also check type of original application) ,11,G ,_1.if.11111'6. Owner/Applicant Name: GCASA II, LLC Phone: ( 720 ) 341-6050 Mailing Address: 401 Tree Farm Dr City: CarbondaleState: CO zip Code: 81623 E-mail: richard.miller@easycleanenergy.com Representative (Authorization Required) Name: Chad Roach -Project Manager Richard Miller -Land Manager phone: ( 970 ) 309-8525 Mailing Address: 3005 Center Green Dr -Suite 205 City: Boulder State: GO Zip Code: 80301 E-mail: chad.roach@easycleanenergy.com/richard.miller@easycleanenergy.com .)a%hil !,,f..11l1I /m, i(•r401,1,. Project Name: Sunny Side Ranch Community Solar Assessor's Parcel Number: 2391 - 303 - 00 - .04 1 7- Physical/Street Address: 4003 County Rd 100 Carbondale,CO 81623 Legal Description: Section 30, Township 7 South, Range 87 West of the 6th P.M. (See Attached) Zone District: Agricultural Property Size (acres): :1-1181.4---3S--- Existing Use: Agricultural-GrazIng Proposed Use (From Use Table 3-403): Solar Array Description of Project: The application Is for a community solar array protect that will be in partnership with Holy Cross Electric. The Project is a 2.5 MW solar array that will occupy 11.514 acres +1- and interconnect to Holy Cross's distribution system and service all Holy Cross's residential and business customers lil f ,1Ji 1 J.; 'oil.% Submission Requirements the Applicant requesting a Waiver of Submission Requirements per Section 4-202. List: Section: 4/-2 os/ ,, (1-20-3 Section: '/-zo3 /L ; y 203/M Section:y-?osJr; y-zas/ Section: cry rki Waiver of Standards El The Applicant is requesting a Waiver of Standards per Section 4-118. List: Section: Section: Section: Section: I have read the statements above and have provided the required attached information which is corr the best of my knowledge. /IL % f5' Date Signature of erty Owner File Number: l - CD 60 Fee Paid: $ U� VClean Energy COLLECTIVE. SUNNY SIDE RANCH COMMUNITY SOLAR GARDEN 7-24-LUCP-MAJOR IMPACT APPLICATION 1. LUCP APPLICATION/STATEMENT OF AUTHORITY 2. EVIDENCE OF OWNERSHIP -LEASE DOCUMENTATION 3. PROPERTY OWNER LISTINGS WITHIN 200' 4. MINERAL RIGHT'S LISTINGS 5. REQUEST FOR WAIVERS 6. PROJECT NARRATIVE 7. COMPLIANCE WITH ARTICLE 7:STANDARDS 8. CSG -SITE PLAN -PV 1.0 9. PHASE 1 SITE PLAN -PV 1.1 10. PHASE 2 SITE PLAN -PV 1.2 11. COUNTOUR MAP -TOPOGRAPHIC INFORMATION- PV 1.3 12. ELEVATIONS -PV 3.1 13. EQUIPMENT PAD ELEVATIONS -PV 3.2 14. LAND DISTURBANCE LETTER 15. WEED MANAGEMENT PLAN(IN PROCESS) The Clean Energy Collective is a new edea in power ge^cr.:ruu A member -owned cooperative venture that builds and opera', tentralited dean po er-oenerat'on facilities at thecurnmundy l 'Clean Energy go ahead power up.ir COLLECTIVE 3005 Center Green Drive, Suite 205, Boulder, CO 80301 // phone 720-644-5732 1/ fax 970.692.2592 // easycleanenergy.com Garfield County PAYMENT AGREEMENT FORM GARFIELD COUNTY ("COUNTY") and Property Owner ("APPLICANT") C --C-8 5 r9- G G CC agree as follows: 1. The Applicant has submitted to the County�an application for the following Project:ct AY.Y��' . L� s .C.R.vG.4� L-"0.�.,•r vy.�y 7«_ 4,2i�-✓J�J 2. The Applicant understands and agrees that Garfield County Resolution No. 98-09, as amended, establishes a fee schedule for each type application, and the guidelines for the administration of the fee structure. 3. The Applicant and the County agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. The Applicant agrees to make payment of the Base Fee, established for the Project, and to thereafter permit additional costs to be billed to the Applicant. The Applicant agrees to make additional payments upon notification by the County, when they are necessary, as costs are incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional County staff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, the Applicant shall pay additional billings to the County to reimburse the County for the processing of the Project. The Applicant acknowledges that all billing shall be paid prior to the final consideration by the County of any Land Use Change or Division of Land. I hereby agree to pay all fees related to this application: Billing Contact Person: cc ./� _ Phone: ( ) ,3y/_ 6o5 -o Billing Contact Address: 300 �.x = �..z �2 .cti.=,r .,e SSS• rdz City: , Cc.,c- •7-e,.2_ State: o Zip Code: o3O / Contact Email:c/,�c.� iJ . --r.cc c.� �s� CC - Billing �z.Q.�rc�^��o-� • Printed Name of Person Authorized to Sign: /.4'--- .-wc- <'— �y Da e (Signature) ( t ) ZaS-- Garfield County STATEMENT OF AUTHORITY Pursue to C.R.S. §38-30472, the undersigned executes this Statement of Authority on behalf of , a G L (corporation, limited liability company, general partnership, registered limited liability partnership, registered limited liability limited partnership, limited partnership association, government agency, trust or other), an entity other than an individual, capable of holding title to real property (the "Entity"), and states as follows: The name of the Entity is and is formed under the laws of The mailing address for the Entity is t3oca t4" z c� 6 ocrG�-�,� C? ca So a The name and/or position of the person authorized to execute instruments conveying, encumbering, or otherwise affectingAitle to real pr yon behalf of the Entity is The limitations upon the authority of the person named above or holding the position described above to bind the Entity are as follows (if no limitations, insert "None"): JUoN� Other matters concerning the manner in which the Entity deals with any interest in real property are (if no other matter, leave this section blank): EXECUTED this 2 / day of /g , 20 / `71 . Signature: Name (printed): 2 -1,/• -e -..D Title (if any):rc STATE OF a d°--ki3O ) )SS. COUNTY OF f Iv ) The foregoing instrument was acknowledged before me this/ day of/ , 20 /`T by ed d,ei .2 -EW 6,--k} ,onbehalf of (3e'4,5, G. GC , a Witness my hand and official seal. My commission expires: 7 -a'7'- 610/7 (Date) ELIZABETH M. GAUGER NOTARY PUBLIC STATE OF COLORADO NOTARY ID # 19934005210 MY COMMISSION EXPIRES JULY 07, 2017 [SEAL] 1 Land Lease Option Agreement (Solar Farm) BETWEEN: Rick and Mary James, LANDLORD AND GCASA II, LLC, TENANT i LAND LEASE OPTION AGREEMENT (SOLAR FARM) TABLE OF CONTENTS [UPDATE] Page 1. The Option 1 2. Premises 1 3. Term 2 4. Rent 2 5. Improvements of Leased Premises 3 6. Ingress, Egress and Utility and Solar Easement 4 7. Maintenance and Security 4 8. Title and Quiet Possession 4 9. Title to Site Improvements and Infrastructure 5 10. Uses and Operations 5 11. Subordination, Attornment, and Nondisturbance 5 12. Mortgage of Leasehold Interests 5 13. Governmental Approvals and Compliance 6 14. Assignment 6 15. Notices 6 16. Insurance 7 17. Operating Expense 7 18. Taxes 7 19. Maintenance 7 20. Liabilities to Third Parties; Risk of Loss 7 21. Tenant's Performance and Surrender 8 22. Default and Termination for Default 8 23. Right to Terminate 8 24. Rights to Site Improvements and Infrastructure Upon Termination 8 25. Binding on Successors 9 26. Access to Premises 9 27. Governing Law 9 28. Entire Agreement 9 29. Survey and Testing 10 30. Oil, Gas and Mineral Rights 10 31. Hazardous Waste 10 32. Mechanic's Liens 11 33. Headings 11 34. Time of Essence 12 35. Severability 12 36. Real Estate Broker 12 37. Further Assurances 12 38. Dispute Resolution 12 39. Right to Record 12 40. Interpretation 12 41. Date of Agreement 12 Table of Contents - i ii Exhibit A Exhibit B Exhibit C Exhibit D Addendum A Legal Description of the Leased Premises 12 Tenant's Survey of the Leased Premises 13 Certificate of Insurance 14 Landlord Acknowledgment of Collateral Assignment of Lease 15 Access Road Improvement 18 Table of Contents - ii IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. ichard Nelson Date: TENANT: GCASA I1, LLC By: Mark Boyer, Authorized Representative Mary Jams c/74N-e4 104.i/ Date: 13 STATE OF COLORADO COUNTY OF GARFIELD The foregoing instrument was acknowledged before me in my jurisdiction aforesaid this 16`h day of April, 2014, by Richard Nelson James and Mary F. James, who are the legal owners of the Leased Premises. No . ry Public for 00111.111/14. `mss ts)¢E......... 4, fir, My Commission Expires: 3.g , /5 t t1. • _ •• STATE OF '1,t,ce OF CON -%j %`P COUNTY OF .o wit: The foregoing instrument was acknowledged before me in my jurisdiction aforesaid this day of , 2014, by , who is ,a of , for and on behalf of the Notary Public for LAND LEASE OPTION AGREEMENT My Commission Expires: Account Number R011603 R011603 R112066 ParcelNo 1OwnerName 239130300019 JAMES, MARY F 239130300019 JAMES, MARY F 239130300034 HUGHES, LAEL E & EDDIE V R112066 R111446 R111428 R011048 R011048 R011631 R011631 R011604 R011604 In Care Of Address 2 City PO BOX 102 ALMA PO BOX 102 ALMA 3844 COUNTY ROAD 100 CARBONDALE 239130300034 HUGHES, LAEL E & EDDIE V 239336100005 RANCH AT ROARING FORK HOMEOWNERS ASSOCIATION INC 239130300007 : JAMES, MARY F BURKETT, DONNA M 239130300015 239130300015 BURKETT, DONNA M 239130300021 VIGIL, VANNA MARIE 239130300021 VIGIL, VANNA MARIE 239130300020 239130300020 JAMES, MARY F JAMES, MARY F 3844 COUNTY ROAD 100 CARBONDALE State ZipCode Situs House Number jStreet Name Designation City Zip Code CO 80420 3971 100 COUNTY RD CARBONDALE 81623 CO 80420 39711 CATHERINE STORE RD CARBONDALE 81623 CO 81623-8808 4088100 COUNTY RD CARBONDALE 81623 CO 81623-8808 4088 CATHERINE STORE RD CARBONDALE 81623 CARBONDALE CO 81623 14913' 82 HWY CARBONDALE 81623 PO BOX 102 ALMA CO 80420 CARBONDALE 81623 1170 COUNTY ROAD 113 CARBONDALE CO 1170 COUNTY ROAD 113 CARBONDALE CO 81623 81623 3911 COUNTY ROAD 100 CARBONDALE CO 3911 COUNTY ROAD 100 CARBONDALE PO BOX 102 R083399 239130300037 JAMES, RICHARD NELSON & MARY F R083399 239130300037 JAMES, RICHARD NELSON & MARY F R083398 239130300036 JAMES, RICHARD NELSON & MARY F R111584 239325400265 BLUE, DOLORES (DEE) 8 REVOCABLE TRUST R111584 239325400265 BLUE, DOLORES (DEE) 8 REVOCABLE TRUST R011632 239130300022 NIEBLA MARTINEZ, EMMA 0 & ISREAL R011632 239130300022 NIEBLA MARTINEZ, EMMA 0 & ISREAL R083397 R011536 R011536 R111634 239130300035 JAMES, RICHARD NELSON & MARY F 239130300012 TACKER, CHARLEY E FAMILYTRUST4/13/11 239130300012 TACKER, CHARLEY E FAMILYTRUST4/13/11 239325400285 BLUE, JEAN M REVOCABLE TRUST R011621 239131200020 MAISON, NANCY M & JOSEPH H R011285 R011622 R008549 239131200007: ROBINSON URBAN FARM, LLC 239131200021: ROBINSON URBAN FARM, LLC 239131219003'1RP LLC PO BOX 102 CO ALMA CO ALMA 267 NUTHATCH DRIVE ALMA 267 NUTHATCH DRIVE ALMA 267 NUTHATCH DRIVE ALMA 404 COUNTY ROAD 104 404 COUNTY ROAD 104 0267 DEER RUN 0267 DEER RUN 267 NUTHATCH DRIVE CARBONDALE CARBONDALE CARBONDALE CARBONDALE ALMA 710 LATIGO LOOP CARBONDALE 710 LATIGO LOOP CARBONDALE BLUE, DEE CO CO CO CO CO CO CO CO CO CO CO 404 COUNTY ROAD 104 CARBONDALE CO 15452 HIGHWAY 82 CARBONDALE CO 0912 COUNTY ROAD 113 CARBONDALE CO 912 COUNTY ROAD 113 CARBONDALE CO 48S COUNTY ROAD 112 CARBONDALE CO 81623 81623 80420 80420 80420 80420' 80420 81623 81623 81623 81623 80420 81623 81623 81623 81623 81623 81623 81623 3659 100 COUNTY RD CARBONDALE 81623 3659 CATHERINE STORE RD CARBONDALE 81623 3911 100 COUNTY RD 'CARBONDALE 3911 CATHERINE STORE RD CARBONDALE 3947 100 COUNTY RD 3947 CATHERINE STORE RD CARBONDALE CARBONDALE 4003 100 COUNTY RD 4003 CATHERINE STORE RD 404 404 3891 3891 104 COUNTY BLUE 100 COUNTY CATHERINE STORE RD RD RD RD CARBONDALE CARBONDALE CARBONDALE CARBONDALE 3669 100 COUNTY RD 3669 CATHERINE STORE RD 15452 15450 15524 82 HWY 82 HWY 82 HWY CARBONDALE CARBONDALE CARBONDALE CARBONDALE CARBONDALE CARBONDALE CARBONDALE CARBONDALE CARBONDALE CARBONDALE CARBONDALE 81623 81623 81623 81623 81623 81623 81623 81623 81623 81623 81623 81623 81623 81623 81623 81623 81623 81623 81623 VClean Energy COLLECTIVE. April 18, 2014 Mr. Glenn Hartmann, Senior Planner Garfield County Community Development 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Re: Waiver Requests from Certain Requirements of the Major Impact Review for a 2.5 MW Community Solar Facility, Garfield County, Colorado Dear Mr. Hartmann: Clean Energy Collective would like to request several waivers from the Major Impact Review submittal requirements, as referenced in the Garfield County Land Use and Development Code, for the above - referenced project. Since the proposed community solar facility is an unmanned facility and plus it generates very minimal traffic impact, we felt it appropriate to request the waivers for the following reasons: Section 4-203. F. Landscape Plan — Due to the location of the proposed facility and the existing native vegetation on the site, Clean Energy Collective (CEC), is respectfully requesting a waiver from the requirement for a Landscape Plan. Section 4-203. G, Impact Analysis — There will be very little impact an County services as a result of this proposed community solar facility. There should be no public improvements required as a result of this proposal. CEC respectfully request a waiver from the requirement for an Impact Analysis with this Major Impact Review application. /Section 4-203. J. Development Agreement — CEC is respectfully requesting a waiver from the requirement for a Development Agreement because no public improvements are anticipated are a result of this proposal. .Section 4-203. K. Improvements Agreement — CEC is respectfully requesting a waiver from the Improvements Agreement because no public improvements are anticipated with this proposal. Section 4-203. L. Traffic Study — During the construction phase (6-8 weeks), it is anticipated that there will be a maximum of 20 vehicular trips per day. After construction, a maintenance technician will visit the site 2-3 times per year, in a standard pick-up truck, Since the traffic volume associated with this proposed use is so low, CEC is respectfully requesting a waiver from the requirement for a Traffic Study. Section 4-203, M. Water Supply/Distribution Plan — Since the proposed solar facility is unmanned, CEC is respectfully requesting a waiver from the requirement for a Water Supply/Distribution Pian. Section 4-203. N. Wastewater Man./Treat Plan — Since the proposed solar facility is unmanned, CEC is respectfully requesting a waiver from the Wastewater Management / Treatment Plan, fir IOW go ahead power up. • Clean Energy COLLECTIVE 3005 Center Green Drive, Suite 205, Boulder, CO 80301 // phone 720-644-5732 // fax 970.692.2592 /1 easycleanenergy.com Clean Energy COLLECTIVE. Please contact me with any questions at 303.809.2128, or if additional information is required. Thank you for your consideration of our waiver requests. Sincerely, Bdari4 /('I,//e,. Richard L. Miller, AICP Land Manager Igor go ahead power up. Clean Energy COLLECTIVE. 3005 Center Green Drive, Suite 205, Boulder, CO 80301 // phone 720-644-5732 // fax 970.692.2592 // easycleanenergy.com Clean Energy COLLECTIVE Clean Energy Collective Proposed Sunny Side Ranch Community -Owned Solar Array Garfield County, Colorado Project Name: Sunny Side Ranch Community Solar Array Owner: GCASA II, LLC Project Narrative: Clean Energy Collective is proposing to build and maintain a 2.5 MW community -owned solar garden on approximately eleven (11.541) acres of land owned by Rick and Mary James, at 4003 County Road 100, Garfield County. The eleven (11.541) acre lease parcel will be accessed off a driveway connected to County Road 100 and existing interior two track roads on the property. "Community -owned solar" means just that; the panels are owned by citizens and businesses of all sizes within Holy Cross Energy's service area. The power produced by the purchased panels is then credited against the electric bill of the purchasers of panels in the solar array. The panels are supported by a metal racking system that is engineered for local wind loads and soil conditions. Typically, there is no site grading and the support piles for the racking systems are driven directly into the ground. The height of the panels from the ground varies due to topography, but the typical height is between 10-12 feet from grade to the top of the panels. The panels and racking will be a fixed -tilt at an optimal angle for solar gain and power production. The proposed facility will be unmanned, however, a maintenance crew will visit the site approximately two (2) times per year for routine maintenance. The perimeter of the lease area will be secured with a six foot (6') security fence and locked gate. There will be a minimum of two inverters per phase that converts the DC current to AC current and connects to the Holy Cross Energy grid for distribution. The designated point of interconnection and some existing single phase distribution lines will require an upgrade to a three phase line. This will utilize existing infrastructure and easements. The inverters will be housed in an open -sided frame structure with a roof and will be situated on a concrete equipment pad, All DC panel cabling of the array interior will be underground connecting the arrays. The proposed 2.5 Mw/DC facility will be built in two phases, with the initial phase being approximately 1.5 Mw facility on (5) acres +/-. The second phase which will be built within a year timeframe of completion of the first phase, will be approximately 1 Mw facility on (5) Acres +/-. Each phase will incorporate between 4,500 to 5,000 solar panels in the arrays. The panels will be south -facing for maximum solar exposure. The proposed facility does not require water or sanitary sewer. Once construction starts, each phase will be completed and operational within 12 to 14 weeks. The surrounding land uses are vacant, agricultural grazing land to the north, south, east and west. The proposed solar site will occupy an area adjacent to the former Carbondale landfill site. The proposed community -owned solar garden is fully compatible with surrounding, existing land uses. Traffic during the construction phase of the solar facility will consist of truck and trailer traffic for the delivery of materials. This limited traffic activity will not negatively impact traffic volume or safety. Once the facility is constructed, the traffic in and out of the facility will be for routine maintenance 1 to 2 times per year and upkeep and will be conducted in a standard -sized pickup truck. For additional information regarding this proposed facility, please contact: Chad Roach, Project Manager for Clean Energy Collective at 970.309.8525 or via e-mail at chid.roachC easycleanenergy.corn or Richard L. Miller, AICP, Land Manger for Clean Energy Collective at 303.809.2128 or via e-mail at: richard.miller@easycleanenergy.com. •c�6r1/40) Clean Energy yo ahead power up. COLLECTIVE, 3005 Center Green Drive, Suite 205, Boulder, CO 80301 // phone 720-644-5732 // fax 970.692.2592 // easycleanenergy.com or, Clean Energy COLLECTIVE. Proposed Sunny Side Ranch Community Solar Facility Major Impact Review Compliance with Article 7: Standards (Garfield County Land Use and Development Code) Section 7-101. 2one District Use Regulations The subject property is zoned "Rural". All requirements of Article 3, Zoning, will be met with this proposal, through the Major Impact Review - Land Use Change Permit process. Section 7-102. Comprehensive Plan and intergovernmental Agreements The Garfield County Comprehensive Plan 2030 addresses renewable energy in Chapter 3, Section 10. The first goal states that Garfield County should "Promote and encourage the development of renewable energy resources within the county". The Plan further states that the county should "Ensure that renewable energy activities mitigate their effects on the natural environment, including air quality, water quality, wildlife habitat, and visual quality". There will be no negative impacts on air quality because there are no fumes or odors associated with the proposed solar facility. Straw waddles and silt fencing will be used during the construction phase to help insure that water quality will be protected. There will be a slight impediment to larger wildlife migrating through the area due to the fence enclosure that is required for power generation facilities. Due to the location on the subject property and the topography of the site, there should be minimal visual impact to surrounding properties. The proposed lease area is approximately six (6) acres in size and the James family owns several hundred acres of surrounding property. Section 7-103. Compatibility The nature, scale, and intensity of the proposed solar facility will be compatible with adjacent land uses. The surrounding land uses are agricultural and residential in nature. Solar facilities have no fumes, noise (other than a slight hum from the inverter), or environmentally hazardous materials. The facility is unmanned and will have very little vehicular traffic, other than routine maintenance, which is performed 2-3 times per year. Section 7-104. Source of Water Since the proposed facility is to be unmanned, there will be no need for a water supply. During construction, a water truck will be on site to help control dust. Section 7-105. Central Water Distribution and Wastewater Systems The proposed use does not require a water supply or a wastewater system. During the 6-8 week construction period, a port -a -let will be on site. Once construction has been completed, the port -a -let will be removed from the site. 't4 9r rniknenve - , w r r.. G,... 'F I I, 1 Clean Energy go ahead power up. COLLECTIVE. 3005 Center Green Drive, Suite 205, Boulder, Co 80301 // phone 720-644-5732 // fax 970.692.2592 // easycleanenergy.com Clean Energy COLLECTIVE Section 7-106. Public Utilities Clean Energy Collective (CEC) has a "power purchase agreement" (PPA) with Holy Cross Energy to provide clean, renewable energy to the customers within the Holy Cross Energy service area. There will be an existing single phase distribution Line that will be upgraded to the site utilizing existing infrastructure and easements. A new underground line from point of interconnection back to upgraded pole will tie the solar facility back to the Holy Cross Energy grid. Section 7-107. Access and Roadways The proposed solar facility will be accessed using the existing private driveway off of Garfield County Road 100. The driveway is a gravel surface and of adequate width to support construction traffic and emergency vehicles. Existing two -track roads exist an the property. These interior roads will remain for construction and future access use. Since the proposed facility is to be unmanned, there will be very limited traffic impact to surrounding county roads. After the construction phase, an operations and maintenance technician will visit the site 2-3 times per year to provide routine maintenance. Section 7-108. Use of Land Subject to Natural Hazards There are no known natural and/or geologic hazards on the proposed solar installation site. Section 7-109. Fire Protection Solar facilities are constructed of non-combustible materials and pose very little threat to start a fire. CEC will work with the fire protection district to insure the access is acceptable and all other fire district requirements are met. Section 7-201. Agricultural Lands The proposed facility will not have a negative impact on agricultural lands or operations. Section 7-202. Wildlife Habitat Areas The impact to area wildlife should be minimal as a result of this proposal. A 6' foot tall wildlife game fence will be constructed around the perimeter of the site. This type of fencing will allow smaller animals to pass in and out of the proposed facility. Larger animals, such as deer, may experience a slight change in traveled corridors to maneuver around the facility. CEC will work with the Colorado Division of Wildlife and address any concerns they have regarding area wildlife and animal habitat. Regarding preservation of native vegetation; CEC's racking system is basically a steel frame that is "pile driven" into the soil with a penetration depth of 8-10 feet. This results in minimal disturbance to the native vegetation and topsoil. Those areas of native vegetation that may be damaged during construction will be re -seeded with native grasses or a mix recommended by the soil conservation district. go aheadpower up, :In 1 ty/ Clean Energy COLLECTIVE. 3005 Center Green Drive, Suite 205, Boulder, CO 80301 /1 phone 720-644-5732 // fax 970.692.2592 /1 easycleanenergy.com tdean Energy COLLECTIVE Section 7-203. Protection of Water bodies The proposed solar facilities will not be within 35 feet of a water body. During the construction phase of proposed facility we anticipate minimal to zero impact on an natural bodies of water, or community drainage ditches. Section 7-204. Drainage and Erosion Our consulting engineering firm, Enertia Consulting Group, has calculated that approximately 0.52 acres of soil will be disturbed installing the access drive, foundations, pile driving the 1 -beams into the ground, an underground transmission line, two pads for inverters and two pads for transformers. The Colorado Department of Public Health & Environment does not require a storm water management permit when the total area of grading and disturbance is less than one acre. Once construction is completed, areas of disturbance will be re -seeded with native grass mix as recommended by the soil conservation office for Garfield County. Section 7-205. Environmental Quality The proposed solar facility will not cause the air quality to be reduced below acceptable levels as established by the Colorado Air Pollution Control Division. Solar power generation facilities help reduce the overall carbon footprint and therefore, improve the air quality over traditional fuels for power generation. There will be no hazardous materia! stored or used at the proposed solar facility. Section 7-206. Wildfire Hazards The subject property, where the proposed solar facility is to be located, does not have slopes in excess of 30% and does not appear to be located within a 'fire chimney", as identified by the Colorado State Forest Service. Access to the proposed Section 7-207. Natural and Geologic Hazards The area proposed for the solar facility is not a known natural or geologic hazard area. There is a former landfill on land adjacent to the proposed solar facility; however, none of the land from the former landfill will be included within the solar facility lease area. Section 7-208. Reclamation CEC will re -vegetate any areas that sustain damage during construction. A seed mixture recommended by the soil conservation district will be applied to any damaged areas. 1140 go ahead power up. Clean Energy e gy COLLECTIVE. 3005 Center Green Drive, Suite 205, Boulder, CO 80301 // phone 720-644-5732 // fax 970.692.2592 1/ easycleanenergy.com Clean Energy COLLECTIVE Section 7-301. Compatible Design The surrounding properties are primarily agricultural and larger -acreage residential. The proposed location is surrounded by land owned by the James family. The solar power generation facility is buffered from surrounding properties by several acres of land. Section 7-302. Off -Street Parking and Loading Standards There will be adequate on-site parking for construction activity, within the lease area. There are also adequate parking areas within the proposed solar facility for the routine maintenance technician, who will normally visit the site 1 to 2 times per year. This technician will drive a standard sized pick-up truck. Section 7-303. Landscaping Standards Where possible, CEC will work with the existing vegetation on the site, and if additional landscaping materials are needed, the native vegetation found on site will be mimicked to better ensure successful plantings. Section 7-304. Lighting Standards There will be no exterior lighting of the proposed solar facility, other than a small lamp on each of the inverter cabinets. No lighting from the proposed facility will be emitted beyond the lease area. Section 7-305. Snow Storage Standards The will be adequate area for snow removal and storage within the lease area. Section 7-306. Trail and Walkway Standards It is doubtful that Garfield County will want a trail or walkway connection, since this site is remote and not connected to the trail and sidewalk network. Should a trail or walkway be required, a discussion will be held between the property owner, CEC, and staff from Garfield County. F. ihtd Clean yo ahead power up. Energy COLLECTIVE ::. 3005 Center Green Drive, Suite 205, Boulder, CO 80301 // phone 720-644-5732 // fax 970.692.2592 // easycleanenergy.com SNRT,flo [CANTY 1 ASSESSOR PARCEL NC I .393-157-W-144 CARRELL' COLVICY 055E5SGR 746(6• N0 7303-251-000-151 sE6:0Y..ar.x wit I' 549)050 66k/1,11 ASSESSOR PARCEL NO 2391-302-00-020 116£ TABLE LINE BEARING 5£N0191 5.1 5 782046" E J997' 62 S 6921'46' E 1371.5' 13 S 749.28- E 87 48' 54 5 823476' E 9.539' 55 5 7133'37' E 74.67' 56 5 85'33'55" E 115. 9J' 57 N 872735" 5 8184' L8 N 84'536-5 80)1' 59 N 83362' E 176.33' 510 M 8932'37" 5 24{.55' 611 5 84'4431' 1 18738' 512 N 99'50'16" E 15257' 513 6 8273'55" E 5/01' 514 N 75'9'9' E A, 23' 515 ,V 0'5322- E 100 _:16' 516 624877'.1- 20327' 5/7 /1 0793'£ 1,67' 578 !18930,57".W 55.16' 519 N 0790' E 150.0Q' 520 5 69.41'58" £ 5671' 521 8 04''0"[ - 149.82' - - 522 5 89'4159' 5 56.71" 123 N 0'4'1- ( 149.82' 524 5893056'£ 5562' - 525 N 029'0' E 1500p'- 125 N 403142' E 9625' L27 N 40.5427' E 89.19' 628 - N 58'15'42` £ 40.10'- - 529 Al 259'18" W 7581' 520 N 3533'42" 51 338 02' 531 Al 15671" E 4982' LJ2 5 39'49'48" W _ 134 36' 533 N 88320" IP 165 25' 534 5 160 77' 535 W 192.71' 536 5 13562' GA.6458 IIJ mon 1 A55ES3G% —GPA '-RCYL 50 I >r- 2301- -,�.-179 3913072 00-02.1 014-4!!.1 If 4616TH) i.'r ! IY - SHE ACCESS OFF OF --- COUNTY ROAD 149 r :r;`FICCP C 52\ .3C J 5-4.'.3 Nlt�r� r7 PO EASING 95ES CROSS ENERGY SINGLE PHASE h1ELIUM VOLTAGE WE (OH) WILL 61 -UPGRADED TO THREE PHASE &EMMY THESE TWO FONTS EISHNG STRUC151RE5'`- SaSrF'4MCP GAR(TEL.O COWE7r A555 -5s 11 PARCEL NO 2.195-254-00-265 CURVE TABLE CURVE LENGTH RA01515 TANGENT C11050 BEARING 0£574 01 14269' 116325' 71.43' 14251' 552'52'0' E 6'54'34- 02 14740' 1554.05' 73 75' 147 34' 5 34'487.5' 5 576'4- 26'4 -C3 C3 125 44' 673.26' 62.90' 125.20' 5_ OUST W 104032- 54 74.30' 67323' 37.19' 74.26' 5 556'0' W 67974_ 05 34.78' 23.90' 21.29' 31 79' N 1632'27' E 83'23'31- 06 12464' 11766' 6989' 118.89' 5 572'52' W 60'41'40" 5 4 4 4 'alb ti ti ''fi ,I4 6 h 1 4. 414 (AIMING LIVESTOCK ENNC 1 E3j SOLAR GARDEN FENCE LINE 'TO RKREMOVEDALONG� D E651*IG FOXY CROSS, ENERGY OVERHEAD LIE I TO IE REMOVES 11. (DIAGONAL KATCLRI ri 5744 ACRES'). �--��{4 YNr38 �r37 ',s / 549600 001/NTr .4551-5/06 PARCEL N8 2311-303-00-007 OIISHNGGRAVEl SHE ACCESS ROAD IES WDE ti ,..I)Y'TH':' T. _IJFYYJ,BT11il I•N. 1-X151140 &HIDING 6591' • 3 CO' 4- 11)55160 HOL7 CRO55- ENERGY THREE 7705E 1E8U5 VOJAGE ERNE 1019 Ex SING HOLY CROSS- ENERGY SINGLE PHASE MEDIDM VOLTAGE 1941)059 Z N919001,• 551 U0'.57"5 cAR67ELo cowry 455/5504 PARCEL N0 L. 2.141-303-00.-011 11C0 A'0 051276 04.611616 COUR71 AS565/ 5 PARCEL 69 2391-30.1-55-920 REG 1b. 591213 645116 D 605/ 1 ASSESSOR PARCEL N0, 2391-103-00-02r CAAACIL [ AArr 551 R RLS! 2.191JO'-v`. r GAFFE( 0 COUNTY 45550505 PARCEL 110 2393-154-00-285 cARFT£t0 r �� AS9E5`'S1(e ' ;2391-3039001117 14445:4 C 35 OA, 7,7,9E5 4 - L7 58 LJO 174. 4E.R J:�[ )18070.5 COL•k,'r' 1551-5508 PARCEL NO 2591-303-00-012 EYEING 90)5 CROSS ENER09' OVERHEAD UNE TO BE REM0165 CARRET0 COUN1Y 1551-55216 PARCEL N0 2393-361-00-005 m z QLY w O z O 0 Wa O o w ❑ q 65 y z 65 S 6 z m 2 a 0 U 2 U w 0 >z z YJ CARBONDALE, CO 81623 DJEC Q 0 SITE PLAN OVERVIEW SCALE: 1" = 200' 4heet No. 1 PV 1.0 414 1 = 8 C/ 1, '31V3S MW 6Z G' - NV1d 311S 12SVHd -I N. 1.7 • 1' J —14? -1H0 - dH0 dH0 dH0 — • • Ai a ' 4 ct SOLAR I DESIGN I BUILD 1629 Delores Way, Ste. E, Carbondale, CO 81623 www.sunsensesdar.com 970.963.1420 SUNNY SIDE RANCH COMMUNITY SOLAR GARDEN Project PHOTOVOLTAIC SYSTEM Sheet No. PV 1.1 REV. 1.1 Address: CATHERINE STORE ROAD CARBONDALE, CO 81623 Drawing: PHASE 1 SITE PLAN 1.122 MW PV SYSTEM /REV. DESCRIPTION DATE DRN. BY CHK. Bl?", 1.0 3/29/14 JWL 1.1 4/7/2014 JWL i n> z .cJ • PARCEL B 35.001 ACRtS :7 - COMMUNITY SOLAR GARDEN PHASE 2 MOM AIM •.E1Aa1E FOSE 2 SrPD/SCE .1.1491 i4G... 9 IOW WI MIA. I IAie solµf IflMWF-?AI?AEOAWAM 11,111OtY CROSS-, s Lib ]£TE MECO/A MCC tAGE 4aE S0.1 11130.112 AMOIGA.AAE MEM. - —L 11 IAS' -7 --1- _ l / PHASE 1 1 ti 5134 ..Ir. 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E, Carbondale, CO 81623 www.sunsensesolar.com 970.963.1420 SUNNY SIDE RANCH COMMUNITY SOLAR GARDEN Project PHOTOVOLTAIC SYSTEM Address: CATHERINE STORE ROAD CARBONDALE, CO 61623 Sheet No. PV 1.3 REV. 1.0 Drawing: CONTOUR MAP /REV. DESCRIPTION DATE DRN. BY CHK. B1\ 1.0 3120/14 JWL — 1.1 4/7/14 JWL ear SOLAR 1 DESIGN I BUILD 1629 Delores Way, Ste. E, Carbondale. CO 61623 www.sunsensesotar.00rn 970.963.1420 t � SUNNY SIDE RANCH COMMUNITY SOLAR GARDEN Project: PHOTOVOLTAIC SYSTEM met Nn. PV 3.1 1REV. Address: CATHERINE STORE ROAD CARBONDALE, CO 81 623 D Ing: RACK ELEVATIONS 1 (REV. DESCRIPTION DATE DRN. BY CHK. Bl 1.0 3120!14 JWL 1 t Clean Energy COLLECTIVE. Sheet No. .1 PV 3.2 PRO PANEL ROOF RAFTERS, HEADERS. JOIST & STUDS PRESSURE TREATED KOLH-DRIED SPRUCE PINE RR 42 GRADE OR BETTER INVERTER 6X6 VERTICAL POSTS TYP THICKENED EDGE CONCRETE PAD 21'-11" 1 EQUIPMENT PAD EAST ELEVATION SCALE: 1/2" = 3/4" WELL COMPACTED WASHED ROCK WHERE EXCAVATED UNDER PAD 1Y-4" AC SWITCHGEAR 0 EQUIPMENT PAD SOUTH ELEVATION SCALE: 1/2" = 11-0" MONITORING EQUIPMENT RACK 4' HOLY CROSS ENERGY TRANSFORMER ca U } Z cc w ❑ Z 0 a 0 U W 0 ce t 0 cz 0 U 2 0 z 0 w z 0) aCO 0- I- 0 L4 Q C7. 5 J 0 2 cn1- J N M 0 ENERT/A e1 CONSULT/NG e • • • • • GROUP°?r. March 18, 2014 Mr. Richard Miller, AICP - Land Manager Clean Energy Collective 3005 Center Green Drive, Suite 205 Boulder, CO 80301 RE: Land Disturbance Calculation CEC Solar Energy Conversion System Carbondale Landfill CSG Dear Mr. Miller: 1437 Larimer St. Denver, CO 80202 720.473.3131 sea n. ohearn@ene rtiacg.com This letter is intended to provide information regarding the need for a CDPHE Construction Storm Water Discharge Permit for the Clean Energy Collective (CEC) Community Solar Installation located at the former Carbondale landfill on Catherine Store Road (the Project). The Project includes installation of: solar panels mounted on precast concrete foundations; pad mounted transformer and inverter for each of the two phases of development (identified on the accompanying plan as "Phase I and Phase Il System); overhead and underground three phase electric transmission lines; a 20' wide gravel access drive; and a perimeter fence with gate. Land Disturbance Activities For both Phase I and Phase II of the Project, site improvements include installation of solar energy conversion system components (solar arrays, transformer/inverter and electric transmission) and an all-weather surface access drive. Solar Energy Conversion System - Installation of the 12 acre solar energy conversion system will include: solar arrays placed on +1-2,400 steel I-beam foundations, an inverter and transformer placed on concrete foundations, 1,000 linear feet of below ground electric transmission line and 600 linear feet of overhead electric transmission line. Access Driveway — An all-weather, 1,100 linear foot gravel surface access drive (20' wide) will extend from the existing landfill perimeter road west toward the center of the planned solar garden and then north to the Phase I inverter/transformer pad area. The access drive components (4" Class 5 or 6 gravel placed over 8" aggregate base course) will be placed over the existing landfill cap surface and will be capable of handling a load of 85,000 lbs. Land Disturbance Quantities Based on our calculations, a total of approximately 26,450 square feet (4.61acres) will be disturbed installing the access drive (22,000 sf.), foundations for the solar array system (+/- 800 sf. of disturbance from 2,400 steel I-beam foundations driven into the ground), two transformer pads (200 sf.) and two inverter pads (450 sf.), and (3,000 s.f.) for the below grade Mr. Richard Miller, AICP Page 2 electric transmission line. Soil cutting, filling or stockpiling will not be required. In accordance with CDPHE storm water management and grading requirements, land disturbance and earth movement thresholds are not met since the total disturbance is less than I acre (43,560 s.f.). Accordingly, a storm water permit administered under the Colorado Discharge Permit System (CDPS) is not required for the Project. Please let me know if you have any questions regarding this matter. I've attached a CDPHE storm water fact sheet that provide additional information regarding state storm water discharge permitting. Sincerely, ENERTIA CONSULTING GROUP, LLC Sean O'Hearn, PE, PG Managing Partner attachment Clean Energy C I FCTIVE SUNNY SIDE RANCH COMMUNITY SOLAR GARDEN 7-24-LUCP-MAJOR IMPACT APPLICATION 1. RE -SUBMISSION LETTER/LUCP APPLICATION/STATEMENT OF AUTHORITY 2. EVIDENCE OF OWNERSHIP -LEASE DOCUMENTATION/PROPERTY DEED 3. PROPERTY OWNER LISTINGS WITHIN 200' 4. MINERAL RIGHT'S ESTATE FROM TITLE COMMITMENT 5. PROJECT NARRATIVE 6. COMPLIANCE WITH ARTICLE 7: STANDARDS 7. REQUEST FOR WAIVERS 8. VICINITY MAP 9. CSG -SITE PLAN OVERVIEW PV 1.0 10.CSG-SITE PLAN -PV 1.1 11. COUNTOUR MAP -TOPOGRAPHIC INFORMATION- PV 1.3 12. ELEVATIONS -PV 3.1 13. EQUIPMENT PAD ELEVATIONS -PV 3.2 14. LAND DISTURBANCE LETTER/GRADING & DRAINAGE PLAN 15. WEED MANAGEMENT PLAN 16. WILDLIFE IMPACT STATEMENT FROM DEPT. OF WILDLIFE 17._ TRAFFIC IMPACT ANALYSIS/CONSTRUCTION SCHEDULE to gip , .,- 11 *411110 go ahead power up. • Clean Energy COLLECTIVE. 3005 Center Green Drive, Suite 205, Boulder, CO 80301 // phone 720-644-5732 // fax 970.692.2592 /1 easycleanenergy.com Clean Energy COLLECTIVE. May 30, 2014 Mr. David Pesnichak, AICP Senior Planner Garfield County Community Development 108 Eighth Street, Suite 401 Glenwood Springs, CO 81601 Re: Major Impact Review for Solar Energy System — Large Garfield County File Number MIPA-7900 Dear Mr. Pesnichak: Thank you for your correspondence of April 30th regarding the above -referenced land use application. The following information is provided in response to the items referenced in the correspondence: General Application Materials 1. A letter of authorization from the property owners listing GCASA II, LLC as an authorized agent to act on the owners' behalf is included. In addition, a Statement of Authority from GCASA II, LLC authorizing Richard Miller to act on their behalf, is included. These Statements of Authority will be recorded with the Garfield County Clerk and Recorder's Office. . A deed has been included which shows Richard Nelson James and Mary F. James as owners of the subject parcel. 3. The commitment for title insurance shows the following for mineral estate owner: "Right of the Proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted, as reserved in United States Patent recorded June 24, 1895, in Book 12 at Page 368, April 15, 1908, in Book 56 at Page 496 and April 2, 1912, in Book 71 at Page 540. " The current owners of the property also own the mineral estate associated with the property. 4. A complete copy of the lease between Richard Nelson James and Mary F. James as k landlord and GCASA II, LLC as tenant, is included. h 410 go ahead. power up. Clean Energy COLLECTIVE. 3005 Center Green Drive, Suite 205, Boulder, CO 80301 /1 phone 720-644-5732 // fax 970.692.2592 // easycleanenergy.con Vicinity Map 5. An 8-1/2" by 11" Vicinity Map has been included. Grading and Drainage Plan Clean Energy COLLECTIVE 6. Enertia Consulting Group has prepared a grading/drainage plan, which is included with this submittal. Landscape Plan 7. Clean Energy Collective (CEC) had previously requested a waiver from the requirement for a Landscape Plan since the proposed solar arrays will have minimal visibility from off-site. A solar array, by its very nature, is not conducive to trees and :ant materials Tatt might block solar rays from reaching the solar. panels. A photo AUG aseen prepared and is included with this submi_ttal._ The photo r� simulation reveals th-51 visual impact will be minimal. As a result, Clean Energy Collective is respectfully requesting a waiver from the Landscape P an requirement. Impact Analysis 8. The proposed installation of the solar array will have minimal impact on the subject parcel and surrounding parcels. The following information is provided regarding impacts: a.) Adjacent Land Use - The lease parcel is part of a larger parcel owned by the James. The James property has primarily been used for ranching/agricultural purposes. A former landfill site is located to the north of the proposed solar array. The property adjacent to the James' parcel and to the west is an active mining operation. There are residential uses on larger acreage fronting both sides of Catherine Store Road. Adjacent and immediately south of the proposed array is land owned by the James. b.) Site Features - The lease parcel is gently rolling terrain with native grass cover.. There are no trees on the lease parcel. There are no creeks or areas subject to flooding on the leased premises. The native grasses, to the extent possible, will remain intact with minimal disturbance. There will be no over -lot grading or grubbing of the lease area. c.) Soil Characteristics - A detailed soils analysis will be conducted prior to construction of the solar facility. Typically, the piles for the racking system are U `- '�. / driven directly into the soil. Should soil conditions warrant, foundation systems will be designed to accommodate such conditions. 110 go ahead. power up. Clean Energy COLLECTIVE. 3005 Center Green Drive, Suite 205, Boulder, CO 80301 /1 phone 720-644-5732 // fax 970.692.2592 /1 easycleanenergy.com Clean Energy col _l_ECTIVE. d.) Geology and Hazard — There are no known geologic or hazardous conditions within the leased parcel. e.) Groundwater and Aquifer Recharge Areas — There are no hazardous materials to impact the environment from the community solar facility. Any runoff from the solar panels will be rain/snow fall and will not be detrimental to groundwater or aquifers. f.) Environmental Impacts: 1.) Long-term and short term effect on flora and fauna - There will be no over -lot grading to prepare the site for construction. There will be some damage to plant materials on site during the construction phase. CEC has hired Lisa Tasker of EM Ecological, LLC, a local consulting firm to assist with re -vegetation efforts and noxious weed identification and control. Any native vegetation damaged during the construction phase of th - • r - • • s a mixture recommended byt• Garfield Cou• ' oil Conservation Dist • t. 2.) Effect on designed environmental res• - -, including critical wildlife habitat — CEC as - • - • • ra • o Parks and Wildlife for assistance in identifying the species of wildlife found on the subject property. Seth McClean, GIS Unit Supervisor, with Colorado Parks and Wildlife, indicated that the Species Activity Map, identified areas mapped as "Mule Deer Severe Winter Range" and "Mule Deer Winter Concentration Area", on the subject property. Since these maps are a guide only, it was suggested that assessment of project impact be done at the local level. CEC will contact Matt Yamashita, District Wildlife Manager, for Colorado Parks and Wildlife to arrange a site visit and obtain additional information for minimizing impact to area /GP wildlife. Additional information regarding wildlife will be provided to Garfield County as it is obtained. 3.) Impacts on wildlife and domestic animals through creation of hazardous attractions, alteration of existing native vegetation, blockade of migration routes, use patterns, or disruptions - Per the State electric code, power generation facilities are required to have a security fence around the perimeter of the facility. CEC is prepared to work with State wildlife officials to discuss options for the fencing that will be the most appropriate for area wildlife. 4.) Evaluation of any potential radiation hazard that may have been identified by the State or County Health Departments — There will be no enclosed structures associated with the proposed community solar facility. The facility will be unmanned and will only be visited 1 to 2 times per year for routine maintenance. There are no known radiation hazards on the leased premises. tatif 400 %# Clean Energy yo ahead. power up_ COLLECTIVE 3005 Center Green Drive, Suite 205, Boulder, CO 80301 // phone 720-644-5732 // fax 970.692.2592 /1 easycleanenergy.com Clean Energy C0LI_EC-FIVE. g. Nuisance — The proposed solar facility does not generate vapors, dust, smoke, p ,,.4 noise, glare, or vibration. d cs� nh. Hours of Operation — The proposed facility will produce energy from dawn till � s /dusk. Traffic Study, Access and Roadways �9. Traffic Study — During the construction phase of the proposed project there will 7`'7 be more traffic than after construction is completed. The construction phase will take approximately 7 to 8 weeks to complete. During the mobilization stage, a construction trailer, a storage trailer, and a porta-potty will be delivered to the site. Delivery of materials for the solar farm will occur during the 1st and 2nd weeks. Initially, the racking and support materials will be delivered to the site on 4 to 5 semi -tractor trailers. The racking material will be placed in a staging area on the subject property. The panels will be delivered next and typically will ,e consist of 3 to 4 semi -tractor trailer loads. Once the material is delivered to the ``' e site, the construction crew will consist of 8 to 10 people who will arrive in their � ,personal vehicles. After the construction phase is completed, CEC personnel will " �� visit the site 1 to 2 times per year for maintenance and mowing. The maintenance personnel will drive standard pick-ups. Since there is very minimal traffic associated with the proposed facility, CEC is respectfully requesting a r-31 waiver from the traffic study requirement. �� ~� 4s, '114I 41 . 10. The proposed facility will be accessed off an existing driveway off Catherine Store Road. There will be no changes to the existing driveway or the access off of the public road. The existing driveway is approximately twenty feet (20') wide and has a gravel surface. The exis ing d iveway is compliant with Section 7-107 and will meet the minimum ROW width for rimitive r�veway"' roadwa standar The existing driveway access off the Coun y roa • is wide enough to safely accommodate the tractor trailers that will visit the site during the construction phase. Additionally, there is adequate room for the staging of vehicles on the subject property, rather than stacking the vehicles on the County roadway. Water Supply and Distribution Plan 11. The proposed solar facility will be unmanned and will not have permanent sanitation facilities. There will be a porta-potty on-site during the construction phase. Dust mitigation during construction will be handled by a water truck, Sief L go ahead. power up. Clean Energy COLLECTIVE 3005 Center Green Drive, Suite 205, Boulder, CO 80301 /1 phone 720-644-5732 // fax 970.692.2592 1/ easycleanenergy.com Clean Energy COLLECTIVE which will be filled from the on-site well. Since the facility is unmanned, CEC is respectfully requesting a waiver from th- - • - u++I and At distribution plan. Wastewater Management and System Plan 12. Since the facility is unmanned, a permanent wastewater management system will not be installed. During the construction period, a porta-potty will be on- site. The porta-potty will be serviced on a regular basis. Since the facility is unmanned, CEC is respectfully requesting a waiver from the wastewater management and s t -em plan. Reclamation, Re -vegetation, Soil and Weed Management Plan 13. CEC has hired CEC has hired Lisa Tasker of EM Ecological, LLC, a local consulting firm to assist with re -vegetation efforts and noxious weed identification and control. Any native vegetation damaged during the constructs p der c w II be re -see • - • 'th a mixture recommended by t e Garfield County S} �� Sail Conservation District. ase see the enclosed Reclamation, ation, and Weed Management Plan. Please let me know if any additional items are required for the Major Impact Review process. We look forward to working with you and the Garfield County staff on this exciting project. Sincerely, Richard L. Miller, AICP cc: CEC file enclosures E ANEW 4110 w Clean Energy go ahead. power up. COLLECTIVE. 3005 Center Green Drive, Suite 205, Boulder, CO 80301 // phone 720-644-5732 // fax 970.692.2592 // easycleanenergy.com Garfield county Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-county.com LAND USE CHANGE PERMIT APPLICATION FORM TYPE of APPLICATION Owner/Applicant Name: GCASA 11, LLC Phone: ( 720) 341-6050 ❑ Administrative Review 0 Development in 100 -Year Floodplain • Limited Impact Review 0 Development in 100 -Year Floodplain Variance Major Impact Review • Code Text Amendment ❑ Amendments to an Approved LUCP 0 Rezoning ❑ LIR 0 MIR • SUP 0 Zone District ■ PUD • PUD Amendment • Minor Temporary Housing Facility 0 Administrative Interpretation ❑ Vacation of a County Road/Public ROW 0 Appeal of Administrative Interpretation ❑ Location and Extent Review 0 Areas and Activities of State Interest ❑ Comprehensive Plan Amendment 0 Accommodation Pursuant to Fair Housing Act • Major • Minor • Pipeline Development 0 Variance ❑ Time Extension (also check type of original application) .INVOLVED PARTIES Owner/Applicant Name: GCASA 11, LLC Phone: ( 720) 341-6050 Mailing Address: 401 Tree Farm Dr City: Carbondale State: 00 Zip Code:: 81623 E-mail: richard.miller@easycleanenergy.com Representative (Authorization Required) Name: Chad Roach -Project Manager Richard Miller -Land Manager Phone: ( 970 ) 309-8525 Mailing Address: 3005 Center Green Dr -Suite 205 city: Boulder State: CO Zip Code: 80301 E-mail: shad.roach@easycleanenergy.com/richard.miller@easycleanenergy.com PROJECT NAME AND LOCATION Project Name: Sunny Side Ranch Community Solar Assessor's Parcel Number: 2391 _ 303 _ 00 _ 007 Physical/StreetAddress: 4003 County Rd 100 Carbondale,C© 81623 Legal Description: Section 30, Township 7 South, Range 87 West of the 6th P.M. (See Attached) Zone District: ) ° 1 Property Size (acres): 1 1.514 PROJECT DESCRIPTION Existing Use: Agricuitural-Grazing Proposed Use (From Use Table 3-403): Solar Array Description of Project: The application is for a community solar array project that will be in partnership with Holy Cross Electric. The Project is a 2.5 MW solar array that will occupy 11.514 acres +1- and interconnect to Holy Cross's distribution system and service all Holy Cross's residential and business customers LREQUEST FOR WAIVERS Submission Requirements EK -The Applicant requesting a Waiver of Submission Requirements per Section 4-202. List: Section: y-2 at/ - • <,/-2o- Al- Section: '/--003 /L. ; -2o3 j/M Section: G,/— 20s /q- r 1-2o3 % Section: -2 d3/ Waiver of Standards ❑ The Applicant is requesting a Waiver of Standards per Section 4-118. List: Section: Section: Section: Section: I have read the statements above and have provided the required attached information which is corm a r accurate; the best of my knowledge. y .//et -f I/6/W Date Signature of • r • erty Owner OFFICIAL USE ONLY File Number: ----- Fee Paid: $ Garfield County PAYMENT AGREEMENT FORM GARFIELD COUNTY (`°COUNTY") and Property Owner ("APPLICANT") C—C-4 S �i rf , e - agree as follows: 1. The Applicant has submitted to the County an application for the following Project: ca� , z� c.a,,.c �o�•-r,� v.v� 404itre— 42,�j 2. The Applicant understands and agrees that Garfield County Resolution No. 98-09, as amended, establishes a fee schedule for each type application, and the guidelines for the administration of the fee structure. 3. The Applicant and the County agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. The Applicant agrees to make payment of the Base Fee, established for the Project, and to thereafter permit additional costs to be billed to the Applicant. The Applicant agrees to make additional payments upon notification by the County, when they are necessary, as costs are incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional County staff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, the Applicant shall pay additional billings to the County to reimburse the County for the processing of the Project. The Applicant acknowledges that all billing shall be paid prior to the final consideration by the County of any Land Use Change or Division of Land. I hereby agree to pay all fees related to this application: Billing Contact Person: b „A--7, c c Phone: (F.20 ) 35'/- �aSo Billing Contact Address: Soto ^-•= 6r2 le Z .-f t::: , # r..z City: l ovc-,-c-. _ State: �Q Zip Code: 8:03© / Billing Contact Email: ic..sn-r) • /4--, ,cc c2 C' %.+5/ C''‹.z.a,•.N^C�c._�.. �'a� Printed Name of Person Authorized to Sign: /►` --,.-ic-‘r' zos — 7:///4;/////(7/ (Signature) Date) Ti Gat:field Count, STATEMENT OF AUTHORITY Pursuan to C.R.S. §38-30-172, the undersigned executes this Statement of Authority on behalf of ,—e45-4 Z , a GLC'— (corporation, limited liability company, general partnership, registered limited liability partnership, registered limited liability limited partnership, limited partnership association, government agency, trust or other), an entity other than an individual, capable of holding title to real property (the "Entity"), and states as follows: The name of the Entity is e'f-S _J'/ and is formed under the laws of The mailing address for the Entity is .e_.?0,n,s- 7-74CZc�6 arl��tir CP CI 8030/ The name and/or position of the person authorized to execute instruments conveying, encumbering, or otherwise affectin itle to real pr yon behalf of the Entity is tao y-ec cm -/e_ The limitations upon the authority of the person named above or holding the position described above to bind the Entity are as follows (if no limitations, insert "None"): j /0A/z Other matters concerning the manner in which the Entity deals with any interest in real property are (if no other matter, leave this section blank): EXECUTED this Z / day of l— < <- , 20 /47/ Signature: Name (printed):'' v''aGAe- Title (if any): re. e - STATE OF 6ettlL) } }SS. COUNTY OF CL The foregoing instrumeJ-n�t was acknowledged before me this c? / day of '1 i !/ , 20 /4 by L�''!,� rt '� 4e -f',, /c_ , on behalf of 6' ' „ f , a Witness my hand and official seal. My commission expires: 7 -0 ;z'- 03317 (Date) ELIZABETH M. GAUGER NOTARY PUBLIC STATE OF COLORADO NOTARY ID # 19934008210 MY COMMISSION EXPIRES JULY 07, 2017 [SEAL] STATEMENT OF AUTHORITY Pnt to C.R.S. §38-30-172, the undersigned executes this Statement of Authority on behalf of urs69 , a _lid (corporation, limited liability company, general partnership, registered limited liability partnership, registered limited liability limited partnership, limited partnership association, government agency, trust or other), an entity other than an individual, capable of holding title to real property (the "Entity"), and states as follows: The name of the Entity is /-; 9 ...Vr; and is formed under the laws of Z„�'zi,P tel) The mailing address for the Entity is e Z2 S j/50az 1C' 21,3rJ The name and/or position of the person authorized to execute instruments conveying, encumbering, or otherwise affecting title to real property on behal of the Entity is Z • /2th The limitations upon the authority of the person named above or holding the position described above to bind the Entity are as follows (if no limitations, insert "None"): J(/4AJC Other matters concerning the manner in which the Entity deals with any interest in real property are (if no other matter, leave this section blank): EXECUTED this 2—Clay of .d7 Signature: C7 Name (printed):,'/c4,9,-2' L. %%%l//t e.. Title (if any): 4,9 /2S /fr%/ }%r¢��/� 20/ T_ STATE OF 62 ( , '1L cII d ) nn f )SS. COUNTY OF The farejoing instrument was acknowledged before me this A f day of /I40t/r , 20. 1 by A L OA.I%P , on behalf of 6-(7.4g,4 Tt LCA ,a INI 4/ . Witness my hand and official seal. My commission expires: t --o e- D-47/6.7 (Date) (Notary Public SAMUEL S. CUNNINGHAM NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20084041043 MY COMMISSION EXPIRES 121=2016 [SEAL] LAND OWNER STATEMENT OF AUTHORITY Pursuant to C.R.S 38-30-17 Rick & Mary James the ("Land Owner") In connection with the Option Lease dated April 16th, 2014,(the "Lease") by and between Land Owner and GCASA 1I, LLC as("Tenant"), herby gives permission to the Tenant and it's representatives to move forward with a Land Use Application and permit on the subject property within Garfield County, Colorado. IN WITNESS WHEREOF, Land Owner subscribes this Land Owner Statement of Authority as of this 'v`day of '; , 20 By: A-", 6:i'• Title: - STATE OF COUNTY . to wit: The foregoing instrument was acknowledged before me in my jurisdiction aforesaid this day of i 1 ( , 2014, by i'll_V1 i ac '1 e j , who is ofy ,a -11.$ for and on behalf of the" ,0N't ?-. " J I i . ARfEL A..TRUJILLO NOTARY PUBLIC $TATE OF COLORADO 3 MY COMMISSION EXPIRES TARY ID 09MARCH 25, 2017 Notary Public for My Commission Expires: i lit Cf 0 Account Number ParcelNo 1OwnerName In Care Of Address 2 City State ZipCode Situs House Number Street Name Designation City Zip Code R011603 239130300019,1AMES, MARY F PO BOX 102 ALMA CO 80420 3971 100 COUNTY RD iCAR$ONDALE 81623 R011603 239130300019 JAMES, MARY F PO BOX 102 ALMA CO 80420 3971 CATHERINE STORE RD CARBONDALE 81623 R112066 _ 239130300034, HUGHES, LAEL E & EDDIE V 3844 COUNTY ROAD 100 CARBONDALE CO 81623-8808 I 4088 100 COUNTY RD CARBONDALE 81623 R112066 239130300034, HUGHES, LAEL 6 & EDDIE V 3844 COUNTY ROAD 100 CARBONDALE CO 81623-8808 4088 CATHERINE STORE RD CARBONDALE 81623 R111446 239336100005! RANCH AT ROARING FORK HOMEOWNERS ASSOCIATION INC CARBONDALE CO 81623 14913 82 HWY CARBONDALE 81623 R111428 239130300007 'JAMES, MARY F PO BOX 102 ALMA CO 80420, CARBONDALE 81623 R011048 239130300015 BURKETT, DONNA M 1170 COUNTY ROAD 113 CARBONDALE CO 81623 3659 100 COUNTY RD CARBONDALE 81623 R011048 239130300015 BURKETT, DONNA M 1170 COUNTY ROAD 113 CARBONDALE CO 81623 3659 CATHERINE STORE _ RD CARBONDALE 81623 R011631 239130300021 VIGIL, VANNA MARIE 3911 COUNTY ROAD 100 CARBONDALE CO 81623 3911 100 COUNTY RD CARBONDALE , 81623 8011631 239130300021 VIGIL, VANNA MARIE 3911 COUNTY ROAD 100 CARBONDALE CO 81623 3911 CATHERINE STORE RD CARBONDALE 81623 R011604 239130300020 JAMES, MARYF PO BOX 102 ALMA CO 80420' 3947 100 COUNTY RD CARBONDALE 81623 R011604 239130300020 _ JAMES, MARY F PO BOX 102 ALMA CO 80420 3947 CATHERINE STORE RD CARBONDALE 81623 R083399 239130300037 JAMES, RICHARD NELSON & MARY F 267 NUTHATCH DRIVE ALMA CO 80420. 4003 100 COUNTY RD CARBONDALE 81623 R083399 239130300037 JAMES, RICHARD NELSON & MARY F 267 NUTHATCH DRIVE ALMA CO 80420 4003 CATHERINE STORE RD CARBONDALE 81623 R083398 239130300036 JAMES, RICHARD NELSON & MARY F 267 NUTHATCH DRIVE ALMA CO 80420 CARBONDALE 81623 8111584 239325400265 BLUE, DOLORES (DEE) B REVOCABLE TRUST 404 COUNTY ROAD 104 CARBONDALE CO 81623 404 104 COUNTY 1 RD CARBONDALE 81623 8111584 239325400265 BLUE, DOLORES (DEE) B REVOCABLE TRUST 404 COUNTY ROAD 104 CARBONDALE CO 81623 404 BLUE RD CARBONDALE 81623 R011632 239130300022 NIEBLA MARTINEZ, EMMA 0 & ISREAL 0267 DEER RUN CARBONDALE CO 81623 3891 100 COUNTY RD CARBONDALE 81623 R011632 239130300022 NIEBLA MARTINEZ, EMMA 0 & ISREAL 0267 DEER RUN CARBONDALE CO 81623 3891 CATHERINE STORE RD CARBONDALE 81623 8083397 239130300035 JAMES, RICHARD NELSON & MARY F 267 NUTHATCH DRIVE ALMA CO 80420 'CARBONDALE 81623 8011536 239130300012 TACKER, CHARLEY E FAMILYTRUST4/13/11 710 LATIGO LOOP CARBONDALE CO 81623 3669 100 COUNTY RD CARBONDALE 81623 8011536 239130300012 TACKER, CHARLEY E FAMILY TRUST 4/13/11 _ 710 LATIGO LOOP CARBONDALE CO - 81623' 3669 CATHERINE STORE RD CARBONDALE 81623 8111634 239325400285 BLUE, JEAN M REVOCABLE TRUST BLUE, DEE 404 COUNTY ROAD 104 CARBONDALE CO . 81623 CARBONDALE 81623 R011621 239131200020 MAISON, NANCY M & JOSEPH H 1 15452 HIGHWAY 82 CARBONDALE CO 81623 15452 82 HWY -CARBONDALE 81623 R011285 239131200007 ROBINSON URBAN FARM, LLC 0912 COUNTY ROAD 113 CARBONDALE CO 81623 15450 82 HWY !CARBONDALE 81623 R011622 239131200021 ROBINSON URBAN FARM, LLC 912 COUNTY ROAD 113 CARBONDALE CO 81623 15524. 82 HWY _CARBONDALE 81623 R008549 1 239131219003',JRP LLC 485 COUNTY ROAD 112 CARBONDALE CO 81623 1CARSONDALE 81623 Commitment No. 0905139-C Schedule B -II Exceptions COMMITMENT FOR TITLE INSURANCE SCHEDULE B - SECTION I1 EXCEPTIONS Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company. Any loss or damage, including attorney fees, by reason of the matters shown below: 1. Any facts, rights, interests, or claims which are not shown by the Public Records but which could be ascertained by an inspection of said Land or by making inquiry of persons in possession thereof. 2. Easements or claims of easements, not shown by the Public Records. 3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. 4. Any lien, or right to a lien for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any created, first appearing in the Public Records or attaching subsequent to the effective date hereof, but prior to the date of the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. (7. Right of the Proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted, as reserved in United States Patent recorded June 24, 1895, in Book 12 at Page 368 and April 15, 1908, in Book 56 at Page 496. 8. Right of way for ditches or canals constructed by the authority of the United States, as reserved in United States Patent recorded June 24, 1895, in Book 12 at Page 368, April 15, 1908, in Book 56 at Page 496 and April 2, 1912, in Book 71 at Page 540. 9. Easement and right of way for electric line or system and related appurtenances, as granted by Harold L. Blue to Holy Cross Electric Association, Inc., by instrument recorded November 27, 1974, in Book 467 at Page 40, June 3, 1980, in Book 549 at Page 587 and June 3, 1980, in Book 549 at Page 588, said easement being more particularly described therein. Alta Commitment - 2006 Schedule 8-11 Exceptions Clean Energy COLLECTIVE,, Clean Energy Collective Proposed Sunny Side Ranch Community -Owned Solar Array Garfield County, Colorado Project Name: Sunny Side Ranch Community Solar Array Owner: GCASA 11, LLC Project Narrative: Clean Energy Collective is proposing to build and maintain a 1.7 MW community -owned solar garden on approximately eleven (11.541) acres of land owned by Rick and Mary James, at 4003 County Road 100, Garfield County. The eleven (11.541) acre lease parcel will be accessed off a driveway connected to County Road 100 and existing interior two track roads on the property. "Community -owned solar" means just that; the panels are owned by citizens and businesses of all sizes within Holy Cross Energy's service area. The power produced by the purchased panels is then credited against the electric bill of the purchasers of panels in the solar array. The panels are supported by a metal racking system that is engineered for local wind loads and soil conditions. Typically, there is no site grading and the support piles for the racking systems are driven directly into the ground. The height of the panels from the ground varies due to topography, but the typical height is between 4-6 feet from grade to the top of the panels. The panels and racking will be a single axis tracking system that will be motor driven rotating from East to West for solar gain and power production. The proposed facility will be unmanned, however, a maintenance crew will visit the site approximately two (2) times per year for routine maintenance. The perimeter of the lease area will be secured with a six foot (6') security fence and locked gate. There will be a minimum of (2) inverters for the project that will convert DC current to AC current and connects to the Holy Cross Energy grid for distribution. The designated point of interconnection will be the Holy Cross transformer located within the site. The interconnection will require new 3phase distribution line that will come from the Western location by the gravel pit. This will require a new overhead run with easements. The inverters will be housed in an open -sided frame structure with a roof and will be situated on a concrete equipment pad. All DC panel cabling of the array interior will be underground connecting the arrays. The proposed 1.7Mw/DC facility will be built in one phase. The project will incorporate between 4,500 to 5,000 solar panels in the array. The proposed facility does not require water or sanitary sewer. Once construction starts the projec will be completed and operational within 12 to 14 weeks. The surrounding land uses are vacant, agricultural grazing land to the north, south, east and west. The proposed solar site will occupy an area adjacent to the former Carbondale landfill site. The proposed community -owned solar garden is fully compatible with surrounding, existing land uses. Traffic during the construction phase of the solar facility will consist of truck and trailer traffic for the delivery of materials. This limited traffic activity will not negatively impact traffic volume or safety. Once the facility is constructed, the traffic in and out of the facility will be for routine maintenance 1 to 2 times per year and upkeep and will be conducted in a standard -sized pickup truck. For additional information regarding this proposed facility, please contact: Chad Roach, Project Manager for Clean Energy Collective at 970.309.8525 or via e-mail at chad.roach@easycleanenergy.com or Richard L. Miller, AICP, Land Manger for Clean Energy Collective at 303.809.2128 or via e-mail at: richard.miller@easycleanenergy.com. 44' e 44101 (kV go ahead power up. Clean Energy COLLECTIVE, 3005 Center Green Drive, Suite 205, Boulder, CO 80301 // phone 720-644-5732 // fax 970.692.2592 1/ easycleanenergy.com t/Clean Ener gY COLLECTIVE.. Proposed Sunny Side Ranch Community Solar Facility Major Impact Review Compliance with Article 7: Standards (Garfield County Land Use and Development Code) Section 7-101. Zone District Use Regulations The subject property is zoned "Rural". All requirements of Article 3, Zoning, will be met with this proposal, through the Major Impact Review - Land Use Change Permit process. Section 7-102. Comprehensive Plan and Intergovernmental Agreements The Garfield County Comprehensive Plan 2030 addresses renewable energy in Chapter 3, Section 10. The first goal states that Garfield County should "Promote and encourage the development of renewable energy resources within the county". The Plan further states that the county should "Ensure that renewable energy activities mitigate their effects on the natural environment, including air quality, water quality, wildlife habitat, and visual quality". There will be no negative impacts on air quality because there are no fumes or odors associated with the proposed solar facility. Straw waddles and silt fencing will be used during the construction phase to help insure that water quality will be protected. There will be a slight impediment to larger wildlife migrating through the area due to the fence enclosure that is required for power generation facilities. Due to the location on the subject property and the topography of the site, there should be minimal visual impact to surrounding properties. The proposed lease area is approximately six (6) acres in size and the James family owns several hundred acres of surrounding property. Section 7-103. Compatibility The nature, scale, and intensity of the proposed solar facility will be compatible with adjacent land uses. The surrounding land uses are agricultural and residential in nature. Solar facilities have no fumes, noise (other than a slight hum from the inverter), or environmentally hazardous materials. The facility is unmanned and will have very little vehicular traffic, other than routine maintenance, which is performed 2-3 times per year. Section 7-104. Source of Water Since the proposed facility is to be unmanned, there will be no need for a water supply. During construction, a water truck will be on site to help control dust. L> Vice`41 G ve • w QeC, C G E. 2 Section 7-105. Central Water Distributillon and Wastewater Systems The proposed use does not require a water supply or a wastewater system. During the 6-8 week construction period, a port -a -let will be on site. Once construction has been completed, the port -a -let will be removed from the site. go ahead. power up. Clean Energy COLLECTIVE; 3005 Center Green Drive, Suite 205, Boulder, CO 80301 1/ phone 720-644-5732 // fax 970.692.2592 // easycleanenergy.com 01Clean Energy COLLECTIVE. Section 7-106. Public Utilities Clean Energy Collective (CEC) has a "power purchase agreement" (PPA) with Holy Cross Energy to provide clean, renewable energy to the customers within the Holy Cross Energy service area. There will be an existing single phase distribution line that will be upgraded to the site utilizing existing infrastructure and easements. A new underground line from point of interconnection back to upgraded pole will tie the solar facility back to the Holy Cross Energy grid, Section 7-107. Access and Roadways The proposed solar facility will be accessed using the existing private driveway off of Garfield County Road 100. The driveway is a gravel surface and of adequate width to support construction traffic and emergency vehicles. Existing two -track roads exist on the property. These interior roads will remain for construction and future access use. Since the proposed facility is to be unmanned, there will be very limited traffic impact to surrounding county roads. After the construction phase, an operations and maintenance technician will visit the site 2-3 times per year to provide routine maintenance. Section 7-108. Use of Land Subject to Natural Hazards There are no known natural and/or geologic hazards on the proposed solar installation site. � c,. 6*6- Section 7-109. Fire Protection Solar facilities are constructed of non-combustible materials and pose very little threat to start a fire. CEC will work with the fire protection district to insure the access is acceptable and all other fire district requirements are met. Section 7-201. Agricultural Lands The proposed facility will not have a negative impact on agricultural lands or operations. Section 7-202. Wildlife Habitat Areas The impact to area wildlife should be minimal as a result of this proposal. A 6' foot tall wildlife game fence will be constructed around the perimeter of the site. This type of fencing will allow smaller animals to pass in and out of the proposed facility. Larger animals, such as deer, may experience a slight change in traveled corridors to maneuver around the facility. CEC will work with the Colorado Division of Wildlife and address any concerns they have regarding area wildlife and animal habitat. Regarding preservation of native vegetation; CEC's racking system is basically a steel frame that is "pile driven" into the soil with a penetration depth of 8-10 feet. This results in minimal disturbance to the native vegetation and topsoil. Those areas of native vegetation that may be damaged during construction will be re -seeded with native grasses or a mix recommended by the soil conservation district. ,47410, IGO go ahead. power up. Clean Energy COLLECTIVE 3005 Center Green Drive, Suite 205, Boulder, CO 80301 1/ phone 720-644-5732 // fax 970.692.2592 /1 easycleanenergy.com iisa Clean Energy COLLECTIVE. Section 7-203. Protection of Water bodies The proposed solar facilities will not be within 35 feet of a water body. During the construction phase of proposed facility we anticipate minimal to zero impact on an natural bodies of water, or community drainage ditches. Section 7-204. Drainage and Erosion Our consulting engineering firm, Enertia Consulting Group, has calculated that approximately 0.52 acres of soil will be disturbed installing the access drive, foundations, pile driving the 1 -beams into the ground, an underground transmission line, two pads for inverters and two pads for transformers. The Colorado Department of Public Health & Environment does not require a storm water management permit when the total area of grading and disturbance is less than one acre. Once construction is completed, areas of disturbance will be re -seeded with native grass mix as recommended by the soil conservation office for Garfield County. — CO' (, (alp, /1 71 'al Section 7-205. Environmental Quality The proposed solar facility will not cause the air quality to be reduced below acceptable levels as established by the Colorado Air Pollution Control Division. Solar power generation facilities help reduce the overall carbon footprint and therefore, improve the air quality over traditional fuels for power generation. There will be no hazardous material stored or used at the proposed solar facility. Section 7-206. Wildfire Hazards The subject property, where the proposed solar facility is to be located, does not have slopes in excess of 30% and does not appear - —McNutt** " ire chimney", as identified by the Colorado State Forest Servi e. Access to the proposed Section 7-207. Natural and Geologic Hazards The area proposed for the solar facility is not a known natural or geologic hazard area. There is a former landfill on land adjacent to the proposed solar facility; however, none 'j of the land from the former landfill will be included within the solar facility lease area. Section 7-208. Reclamation CEC will re -vegetate any areas that sustain damage during construction. A seed mixture recommended by the soil conservation district will be applied to any damaged areas. yaw go ahead. power up. Clean Energy COLLECTIVE,:; 3005 Center Green Drive, Suite 205, Boulder, CO 80301 1/ phone 720-644-5732 // fax 970.692.2592 /1 easycleanenergy.corn Clean Energy COLLECTIVE. Section 7-301. Compatible Design The surrounding properties are primarily agricultural and larger -acreage residential. The proposed location is surrounded by land owned by the James family. The solar power generation facility is buffered from surrounding properties by several acres of land. Section 7-302. Off -Street Parking and Loading Standards There will be adequate on-site parking for construction activity, within the lease area. There are also adequate parking areas within the proposed solar facility for the routine maintenance technician, who will normally visit the site 1 to 2 times per year. This technician will drive a standard sized pick-up truck. Section 7-303. Landscaping Standards Where possible, CEC will work with the existing vegetation on the site, and if additional landscaping materials are needed, the native vegetation found on site will be mimicked to better ensure successful plantings. Section 7-304. Lighting Standards There will be no exterior lighting of the proposed solar facility, other than a small lamp on each of the inverter cabinets. No lighting from the proposed facility will be emitted beyond the lease area. Section 7-305. Snow Storage Standards The will be adequate area for snow removal and storage within the lease area. Section 7-306. Trail and Walkway Standards It is doubtful that Garfield County will want a trail or walkway connection, since this site is remote and not connected to the trail and sidewalk network. Should a trail or walkway be required, a discussion will be held between the property owner, at, and staff from Garfield County. go ahead. power up. Clean Energy COLLECTIVE,. 3005 Center Green Drive, Suite 205, Boulder, CO 80301 // phone 720-644-5732 // fax 970.692.2592 1/ easycleanenergy.com April 18, 2014 Mr. Glenn Hartmann, Senior Planner Garfield County Community Development 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Clean Energy COLLECTIVE, Re: Waiver Requests from Certain Requirements of the Major impact Review for a 2.5 MW Community Solar Facility, Garfield County, Colorado Dear Mr. Hartmann. Clean Energy Collective would like to request several waivers from the Major Impact Review submittal requirements, as referenced in the Garfield County Land Use and Development Code, for the above - referenced project. Since the proposed community solar facility is an unmanned facility and plus it generates very minimal traffic impact, we felt it appropriate to request the waivers for the following reasons: Section 4-203. F. Landscape Plan — Due to the location of the proposed facility and the existing native ice vegetation on the site, Clean Energy Collective (CEC), is respectfully requesting a waiver from the 1 requirement for a Landscape Plan. Section 4-203. G. Impact Analysi here will be very little impact on County services as a result of this proposed community solar i ity. There should be no public improvements required as a result of this proposal. CEC respe ly request a waiver from the requirement for an Impact Analysis with this Major Impact Review a 'cation. Section 4-203. J. Development Agreement — CEC is respectfully requesting a waiver from the requirement l( for a Development Agreement because no public improvements are anticipated are a result of this 0 proposal. 1C Section 4-203. K. Improvements Agreement — CEC is respectfully requesting a waiver from the ,% Improvements Agreement because no public improvements are anticipated with this proposal. Section 4-203. L. Traffic Study — During the construction phase (6-8 weeks), it is anticipated that there will ilry be a maximum of 20 vehicular trips per day. After construction, a maintenance technician will visit the site Pv 2-3 times per year, in a standard pick-up truck. Since the traffic volume associated with this proposed use is so low, CEC is respectfully requesting a waiver from the requirement for a Traffic Study. Section 4-203. M. Water Supply/Distribution Plan — Since the proposed solar facility is unmanned, CEC is f respectfully requesting a waiver from the requirement for a Water Supply/Distribution Plan. /JO Section 4-203. N. Wastewater Man./Treat Plan — Since the proposed solar facility is unmanned, CEC is respectfully requesting a waiver from the Wastewater Management / Treatment Plan. it* go ahead. power up. Clean Energy 1� COLLECTIVE. 3005 Center Green Drive, Suite 205, Boulder, CO 80301 // phone 720-644-5732 // fax 970.692.2592 // easycleanenergy.com Clean Energy COLLECTIVE;.: Please contact me with any questions at 303.809.2128, or if additional information is required. Thank you for your consideration of our waiver requests. Sincerely, Richard L. Miller, AICP Land Manager litigi ISO go ahead. power up. Clean Energy COLLECTIVE 3005 Center Green Drive, Suite 205, Boulder, CO 80301 // phone 720-644-5732 // fax 970.692.2592 // easycleanenergy.com Hcu6x a3 9.78..6.0011 .0111 9.111 CAR/EL0 COI.'N'rY ASSESSOR PAR - NO 2_t91 - XV- CV- pili 16 455£5565 PARCEL NO 1 239"-Mt- PARCEL JP -PARCEL NO AI -02 2391-.501 00-011 9�C11 50 ..4Fil Al,v, UNE L1 L2 13 14 15 L6 17 L8 L9 110 to L(2 L rJ 114 115 -LIN£ mote S S BEARING 1EN0TH 7870'46' 39.81' 697!'46' f 1371,3' _ 74728" E 6448' 81:!4'16" E 9338' 77'35'37"E 74.67 853353- E 11593' 877933'£ 8184' 84'55'0" C 80,11' 81'16'7' £ 176.33' 89:32'3.,'E 241.55' $44.31' £ 18738' 152.57' 62935- E 57.01• y5919' E 7725' 0'S3'z?" t 34'17" E 190/6' 20.177'- 079 J' E 167' 8930:57" iV 55.16' 5 5 S 5 N N N N 5 /4 8850'16' E L16 1117 118 119 120 121 122 123 L24 125 L26 127 H N N N N N N 029'0' £ S 89'41'58' E 0'4'0' E 5 894159' E E 5 89'50'56' E N 0"29 D E N 4031'42- E N 40;1427'( 128 - N 587,5'42' £ • 129 N 25978' W 130 N 3553'42'E 13, N 156'21'E 132 -5 J94948" W 113 L.14 7.88'320" 16 5 1135 136 5 15000' 5671' 149.82' SIZE ACCESS OFF OF • COUNFYION) 100 MIRY GAS - EX6T80 HOLY CROSS 89960/ 5114641 614AS_�E`�MEO16M VOUAGE�GE11441 1766 1 EA6n90STRUCTURES - 145FT♦57317' 56.71' 149.82._ 55.62' 15000' 98 25' 5919' 40.10' 7581' 33802' - 49.82' 134.36' 165 25' 160 77' 192 71' 1.1552' E6TNG GRAVES 51,1E ACCESS ROAD 16 s AIDE C1R71E 74817 CNRVE LENGTH 8.40115 TANGENT CHORD REARING DELTA 51 142.69' 118326' 7143' 14261' 5 5252'0- E 6"54"54- 52 14740' 1554.05' 73.75'. 147.34' 5 344873 11 526'4' r (25.44' 67126' 62.90' 125,26' 5 45'36'2' 8' '0'40'.110 74 74,10'_ 67523' 3719' 74,26' 5 5566' If 6'1974' 55 34.78' 2590' 2/29' - J1.79' N 15'2'7" E 517J'J7' C6 124.64' 11756' 6589' (1889' 5 572'5.' 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E, Carbondale, CO 81623 www.sonsensesoler.00m 970.963.1420 SUNNY SIDE RANCH COMMUNITY SOLAR GARDEN Address: CATHERINE STORE ROAD CARBONDALE, CO 51623 Sheet No. REV. Drawing: PV 1.2 12 CONTOUR MAP Project: PHOTOVOLTAIC SYSTEM REV. DESCRIPTION DATE DAN. BY CHK. B 1.0 3/20/14 JWL — 1.1 4/7714 JWL 1.2 5/19/14 JWL Clean Energy COLLECTIVE,. x.81£ 3l`'3 c91 0 m m m 1.4Id3OISOd N3AlMa a No 3o OD 6 "kc?: O 82 4-� L =181£ :31b'3S HIf OS )13V d m r m a z AVERAGE TORQUE TUBE HEIGHT - 48° EAST TO WEST ROW TO NOW SPACING - 6'-6" MAX HEIGHT VARIES WITH TERRAIN SOLAR DESIGN [ BUILD 1629 Delores Way, Ste. E, Carbondale. CO 81623 www.sunsensesolar.com 970.963.1420 SUNNY SIDE RANCH COMMUNITY SOLAR GARDEN Project PHOTOVOLTAIC SYSTEM Address: CATHERINE STORE ROAD CARBONDALE, CO 81623 Sheet No. PV 3.1 .1 REV. 1.1 Drawing: RACK ELEVATIONS J (-REV. DESCRIPTION DATE DRN. BY CHK. Bl?'\ 1.0 3/20/14 JWL — 1.1 5119114 JWL Clean Energy COLLECTIVE IIIPPORIMMINIMME 111 i21:1 IS Z:71 1: ME MERE }IILAH 1 11I SIGN 1 1ELIII d� 560 worn Wry, Si.. E. C616nr444, CO 61673 wnwane7n7wW.mm 070.761.1470 f SUNNY SIDE RANCH COMMUNITY SOLAR GARDEN Plojxa: PHOTOVOLTAIC SYSTEM 14' PV 1.0 A6t47s6: CATHERINE STORE R0W AH Q1OAL E. CO 111173 12 Oman - SITE PLAN OVERVIEW j 1.0 317114 IWL 11 400014 Al — 1.7 5142014 AK Clean Energy C()L I. EC [ VF 4- 6 = :37VOS m 0 m z -o 0 Q c m m 0 z 10.-I0" 0 4'-8" m 0 c m -o z -o Q m m m z SOLAR 1 DESIGN I BUILD 1629 Delores Way, Ste. E, Carbondale, CO 81623 �www.sunsensesolar.com 970.963.1420 SUNNY SIDE RANCH COMMUNITY SOLAR GARDEN Project[ PHOTOVOLTAIC SYSTEM Address: CATHERINE STORE ROAD CARBONDALE, CO 81623 Sheet No. PV 3.2 REV. 1.0 Drawing: EQUIPMENT PAD ELEVATIONS 2 (-REV. DESCRIPTION DATE ORN, 8Y CHK. BV? 1.0 3/20114 , WL I Clean Energy COLLECTIVE, 1 1 ENERTIA G'OA'St1LTPiti • S f 1 • dil ;Pur June 3, 2014 Mr. Richard Miller, AICP - Land Manager Clean Energy Collective 3005 Center Green Drive, Suite 205 Boulder, CO 80301 RE: Land Disturbance Calculation Sunnyside Ranch Community Solar Array Carbondale CO Dear Mr. Miller: 1437 Larimer St. Denver, CO 80202 720.473.3131 sean.ohearn@enertiacg.com This letter is intended to provide information regarding the need for Garfield County storm water permitting and/or a CDPHE Construction Storm Water Discharge Permit for the Clean Energy Collective (CEC) Community Solar Installation located adjacent to the former Carbondale landfill on Catherine Store Road (the Project). The Project includes installation of: solar panels mounted on precast concrete foundations; pad mounted transformer and inverter for the solar development; overhead and underground three phase electric transmission lines; a 20' wide gravel access drive; and a perimeter fence with gate. The Project does not require clearing, grubbing or grading of the existing ground surface. Land Disturbance Activities Site improvements include installation of solar energy conversion system components (solar arrays, transformer/inverter and electric transmission) and an all-weather surface access drive. Solar Energy Conversion System - Installation of the 12 acre solar energy conversion system will include: solar arrays placed on +1-2,400 steel I-beam foundations, an inverter and transformer placed on concrete foundations, 1,000 linear feet of below ground electric transmission line and 600 linear feet of overhead electric transmission Zine. Access Driveway — An all-weather, 335 linear foot gravel surface access drive (20' wide) will extend from the existing landfill perimeter road west toward the center of the planned solar garden and then north to the Phase I inverter/transformer pad area. The access drive components (4" Class 5 or 6 gravel placed over 8" aggregate base course recommended) will be placed over the existing landfill cap surface and shall be capable of handling a load of 85,000 lbs. Mr. Richard Miller, AICP Page 2 Land Disturbance Quantities Based on our calculations, a total of approximately 9,850 square feet (0.23 acres) will be disturbed installing the access drive (6,600 sf.), foundations for the solar array system (steel (- beam foundations driven into the ground), two transformer pads (200 sf.) and two inverter pads (450 sf.), and (2,600 sf.) for the below grade electric transmission line. Soil cutting, filling or stockpiling will not be required, Of the disturbed areas, only 7,250 sf. (650 sf - concrete pads and 6,600 sf. — access drive) will result in a decrease in ground surface perviousness. In accordance with CDPHE storm water management and grading requirements, land disturbance and earth movement thresholds are not met since the total disturbance is less than 1 acre (43,560 sf.). Further, since less than 10,000 sf. of the ground surface will decrease in perviousness, Garfield County storm water runoff thresholds are not met. Please let me know if you have any questions regarding this matter. I've attached a CDPHE storm water fact sheet that provides additional information regarding state storm water discharge permitting. Sincerely, ENERTIA CONSULTING GROUP, LLC Sean O'Hearn, PE, PG Managing Partner attachment v STATE OF COLOMDO COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT Water Quality Control Division — Stormwater Program STORMWATER FACT SHEET — CONSTRUCTION Contact information Colorado Department of Public Health and Environment Telephone: (303) 692-3517 Water Quality, Control Division — Stormwater Program Email: cdphe.wustorm(a?state.co.us WQCD-Permits-B2 Web Page: www.cdphe.state.co.us/wq/PermitsUnit 4300 Cherry Creek Drive South Denver, Colorado 80246-1530 Contents A. Introduction 1 B. Obtaining Regulatory Coverage ..2 1. Do you need a Permit? 2 a. Applying for a Permit 3 b. Options: Small Construction Sites 3 i. Qualifying Local Programs 3 ii. R -Factor Waiver 3 2. Who May Apply? 3 C. Permit Requirements 4 D. Local Stormwater Requirements 5 E. Amending Your Permit Certification 5 F. Ending Your Permit Coverage 5 G. Multiple Owner/Developer Sites 6 1. Permit Coverage 6 2. Permit Compliance 8 H. Sale of Residence to Homeowners 9 1. Construction Dewatering 10 J. Concrete Washout 10 A. INTRODUCTION Look for this symbol throughout this guide for brief summaries of the most important information you need to know about stormwater permitting for construction activities. Then read further if you want more details. In 1992, the State of Colorado stormwater regulation went into effect to control municipal and industrial stormwater discharges, based on EPA regulations. The regulation is meant to reduce the amount of pollutants entering streams, rivers, lakes, and wetlands as a result of runoff from residential, commercial and industrial areas. The State regulation (5 CCR 1002-61) covers discharges from specific types of industries including construction sites, and storm sewer systems for certain municipalities. In Colorado, the program is under the Colorado Department of Public Health & Environment, Water Quality Control Division (the Division). The Colorado program is referred to as the Colorado Discharge Permit System (CDPS), and regulated stormwater discharges from construction activities are covered under the CDPS General Permit for Stormwater Discharges Associated with Construction Activities (the Stormwater Construction Pennit). Construction activities produce many different kinds of pollutants which may cause stormwater contamination problems. The main pollutant of concern at construction sites is sediment. Grading activities remove grass, rocks, pavement and other protective ground covers, resulting in the exposure of underlying soil to the elements. The soil is then easily picked up by wind and/or washed away by rain or snowmelt. Sediment runoff rates from construction sites g.P typically 10 to 20 times greater than those from agricultural lands, and 1,000 to 2,000 times greater than those from :st lands. During a short period of time, construction activity can contribute more sediment to streams than would normally be deposited over several decades, causing physical, chemical, and biological harm to our State's waters. The added sediment chokes the river channel and covers the areas where fish spawn and plants grow. Page 1 of 10 Revised 7/07 Water Quality Control Division — Stormwater Program www.cdphe.state.co,us/wglpermitsunit Excess sediment can cause a number of other problems for waterbodies, such as increased difficulty in filtering drinking water, and clouding the waters, which can kill plants growing in the river and suffocate fish. A number of pollutants, ?,h as nutrients, are absorbed onto sediment particles and also are a source of pollution associated with sediment .1scharged from construction sites. In addition, construction activities often require the use of toxic or hazardous materials such as fuel, fertilizers, pesticides and herbicides, and building materials such as asphalt, sealants and concrete, which may also pollute Stormwater. These materials can be harmful to humans, plants and aquatic life. This Fact Sheet provides general guidance for compliance with the CDPS permitting requirements for stormwater discharges from construction activities. The Division reserves the right to interpret the permitting requirements on a case-by-case basis, as necessary. B. OBTAINING REGULATORY COVERAGE FOR CONSTRUCTION SITES You must obtain permit coverage (or an R -Factor waiver) to discharge stormwater from any construction activity that disturbs at least 1 acre of land (or is part of a larger common plan of development or sale that will disturb at least 1 acre). The owner or operator must apply for coverage under the Stormwater Construction Permit at least 10 days prior to the start of construction activities. The application is available from the Division's web page. 1) Do you need to obtain coverage under the Stormwater Construction Permit? Construction Sites that disturb one acre or greater, or are part ofa larger common plan of development disturbing one acre or greater, are covered under Colorado's stormwater permitting requirements. Generally, permit coverage is required, as discussed in Part B.1.a, below. However, additional options may exist if your project or plan of development will disturb less than 5 acres (Small Construction Site), as discussed in Part B. l .b, below. If permit coverage is required, or a waiver applied for, it must be maintained until the site is finally stabilized. Is it part of a larger common plan of development or sale? "A common plan of development or sale" is a site where multiple separate and distinct construction activities may be taking place at different times on different schedules. Examples include: 1) phased projects and projects with multiple filings or lots, even if the separate phases or filings/lots will be constructed under separate contracts or by separate owners (e.g., a project where developed lots are sold to separate builders); 2) a development plan that may be phased over multiple years, but is still under a consistent plan for Iong-term development; and 3) projects in a contiguous area that may be unrelated but still under the same contract, such as construction ofa building extension and a new parking lot at the same facility. If the project is part ofa common plan of development or sale, the disturbed area of the entire plan must be used in determining permit requirements. Disturbance associated with utilities, pipelines, or roads that are constructed for the purpose of serving a facility, are considered together with that facility to be part ofa common plan of development. However, adjacent construction oftrunk lines or roads that are part ofa regional network and not directly associated with the facility construction, are not usually considered to be part of the common plan for that facility. Note that pennit coverage or an R -Factor waiver is still required for each individual project (facility or adjacent construction activity) that disturbs one or more acres. What is the total estimated area of disturbance? The area of disturbance is the total area at the site where any construction activity is expected to result in disturbance of the ground surface. This includes any activity that could increase the rate of erosion, including, but not limited to, clearing, grading, excavation, and demolition activities, installation of new or improved haul roads and access roads, staging areas, heavy vehicle traffic areas, stockpiling of fill materials, and borrow areas. Construction does not include routine maintenance to maintain original line and grade, hydraulic capacity, or original purpose of the facility. "Finally Stabilized" means that all ground surface disturbing activities at the site have been completed, and all disturbed areas have been either built on, paved, or a uniform vegetative cover has been established with an individual dant density of at least 70 percent of pre -disturbance levels, or equivalent permanent, physical erosion reduction methods have been employed. Re -seeding alone does not qualify. Page 2 of 10 Revised 7/07 Water Quality Control Division — Stormwater Program www.cdphe.state.co.us/wq/permitsunit a) Applying for a permit Application for coverage under the Stormwater Construction Permit must be made at least 10 days prior to the start of construction activities, unless the site is a Small Construction Site that qualifies for an alternative option discussed in B.1.b, below. An application, which includes guidance on developing a Stormwater Management Plan (SWMP), is available from the Division. The SWMP must be completed prior to application. See Section C, "Permit Requirements," for further information. If your application is complete, it will be processed and your permit certification mailed to you. The Stormwater Construction Permit certification must be inactivated once the site has been finally stabilized, in order to end permit coverage and billing. An inactivation form is supplied with the permit certification. b) Additional Options for Small Construction Sites (at least 1 acre, but less than 5 acres of disturbance) The following options may apply to Small Construction Sites that disturb less than 5 acres, and are not part of a larger common plan of development exceeding 5 acres.. (Regardless of which option applies at the State level, all local requirements must still be met as discussed in Section D, below.) The options discussed under Parts b.i and b.ii below are not available for Large Construction Sites. 1) Obtain coverage under a State -designated Qualifying Local Program (Available for Small Construction Sites only) The Division may designate a local municipality's stormwater quality control program as a Qualifying Local Program. This means that the local program's requirements are at least as stringent as the State permit. In this case, it is not required for the owner or operator to apply for permit coverage under the Stormwater Construction Permit. The local municipality will be responsible for notifying you that you do not need to apply for State coverage, if this is an option. You can also view a list of the few municipalities with Qualifying Local Programs at the Division's web page (see first page for web address). The local program must have been formally designated by the Division to qualify. Most municipalities have some type of local program and may require permits and fees. However, simply having a local program in place does not necessarily mean that it is a qualifying program and that the Division's Stormwater Construction Permit application is not required. ii) Apply for coverage under the R -Factor Waiver (Available for Small Construction Sites only) The R -Factor waiver allows a site owner or operator to apply for a waiver from coverage under the Division's Stormwater Construction Permit, if the R -Factor, calculated using the State -approved method, is less than 5 during the period of construction. The R -Factor is a way to measure erosion potential based on the length of the project and time of year. An application with instructions for using the State -approved method is available from the Division's web page (see first page for web address). In general, the only projects that will qualify for the waiver are projects that are completely stabilized within a month or two after the start of construction. That means that projects relying on seeding for revegetation will usually not qualify for the waiver, because the vegetation must be established before the site is considered stabilized. During the spring and summer months, when Colorado experiences the bulk of its rainfall, many projects will not qualify at all for the waiver. In addition, the Division will not grant waivers for construction sites located in areas where snow cover exists at, or up gradient of, the site for extended periods of time, if the construction site will potentially remain active and unstabilized during spring runoff. This waiver does not relieve the operator or owner from complying with the requirements of local agencies, such as meeting local stormwater quality requirements, including those required by a Qualifying Local Program as discussed in Section B.1.b.i, above. Page 3 of 10 Revised 7/07 Water Quality Control Division — Stormwater Program www.edphe.state.co.us/wq/permitsunit 2) Who may apply for permit coverage? The Permit applicant must be a legal entity that meets the definition of the owner and/or operator of the construction site, in order for this application to legally cover the activities occurring at the site. The applicant must have day-to- day supervision and control over activities at the site and implementation of the SWMP. Although it is acceptable for the applicant to meet this requirement through the actions of a contractor, as discussed in the examples below, the applicant remains liable for violations resulting from the actions of their contractor and/or subcontractors. Examples of acceptable applicants include: • Owner or Developer - An owner or developer who is operating as the site manager or otherwise has supervision and control over the site, either directly or through a contract with an entity such as those listed below. • General Contractor or Subcontractor - A contractor with contractual responsibility and operational control (including SWMP implementation) to address the impacts construction activities may have on stormwater quality. • Other Designated Agents/Contractors - Other agents, such as a consultant acting as construction manager under contract with the owner or developer, with contractual responsibility and operational control (including SWMP implementation) to address the impacts construction activities may have on stormwater quality. An entity conducting construction activities at a site may be held liable for operating without the necessary permit coverage if the site does not have a permit certification in place that is issued to an owner and/or operator. For example, if a site (or portion of a site) is sold or the contractor conducting construction activities changes, the site's permit certification may end up being held by a permittee (e.g., the previous owner or contractor) who is no longer the current owner and/or operator. In this case, the existing permit certification will no longer cover the new operator's activities, and a new certification must be issued, or the current certification transferred. See Section F, below, for additional guidance on scenarios with multiple owners and/or operators. Utilities, Other Subcontractors, etc.: A separate permit certification is not needed for subcontractors, such as utility service line installers, where the permittee or their contractor is identified as having the operational control to address any impacts the subcontractor's activities may have on stormwater quality. Although separate permit coverage may not be needed in some cases, these entities are not exempt from the stormwater regulations for all of their projects and may still be held liable if their activities result in the discharge of pollutants. Leases: When dealing with leased land or facilities, the lessee shall be considered the "owner" for the purposes of stormwater permitting if they are responsible for the activities occurring at the site. C. PERMIT REQUIREMENTS The primary requirement of the Stormwater Construction Permit is the development and implementation of a Stormwater Management Plan (SWMP). The permit application includes guidance that must be followed for development and implementation of the SWMP. Permit requirements are the same for both Small and Large Construction Sites. The Stormwater Construction Permit requires dischargers to control and eliminate the sources of pollutants in stormwater through the development and implementation of a Stormwater Management Plan (SWMP). The purpose of a SWMP is to identify possible pollutant sources that may contribute pollutants to stormwater, and identify Best Management Practices (BMPs) that, when implemented, will reduce or eliminate any possible water quality impacts. For construction activities, the most common pollutant source is sediment. Other pollutant sources include fuels, fueling practices and chemicals/materials stored on site, concrete washout, etc. BMPs encompass a wide range of practices, both structural and non-structural in nature, and may include silt fence, sediment ponds, vehicle tracking controls, good housekeeping, inspection and maintenance schedules, training, etc. The SWMP is not submitted with the permit application unless requested. An up-to-date copy of the SWMP must be kept on site, for use by the operator, and so that Division, EPA, or local inspectors can review it during an inspection. If an office location is not available at the site, the SWMP must be managed so that it is available at the site when `struction activities are occurring (e.g., by keeping the SWMP in a superintendent's vehicle.) ,Irther information concerning the contents of the SWMP can be found in Appendix A of the application, "Preparing a Stormwater Management Plan." This document and others can be obtained from the Division's web site or by contacting the Division (see first page for address information). Page 4 of 10 Revised 7/07 Water Quality Control Division — Stormwater Program www.cdphe.state.co.us/wglpermitsunit D. LOCAL STORMWATER REQUIREMENTS FOR CONSTRUCTION Where local requirements exist for stormwater management, an owner/operator must comply with both the Division's and the local agency's requirements. In addition to the requirement to obtain and comply with the Division's Stormwater Construction Permit, it is possible that additional government agencies (i.e., cities, counties, and special districts) may impose local requirements to control the discharge of pollutants from construction activities. An owner or operator of a construction activity must comply with the Stormwater Construction Permit requirements discussed in this Fact Sheet, even if they are also covered by a local program's requirements. (However, in the case ofa Qualifying Local Program, as discussed in Section B.1.b.ii, some administrative requirements for the Stormwater Construction Permit may be simplified.) Likewise, the Stormwater Construction Permit does not pre-empt or supersede the authority of local agencies to prohibit, restrict, or control discharges of stormwater. Where a local program places additional restrictions on stormwater management at a construction site within its jurisdiction, the owner/operator must comply with those stricter requirements in addition to the Division's permitting requirements. For example, although the Division allows several options for permitting at multiple owner/operator sites, a local authority may restrict these options and require specific procedures to be followed for who maintains permit coverage and authority for stormwater discharges. MS4 Permits Many cities, counties, and special districts are covered by a Municipal Separate Storni Sewer System (MS4) permit. These permits require the governmental entity to implement various programs to improve stormwater quality in their jurisdiction. Included in these permits is the requirement to implement a program to manage the discharge of pollutants from construction sites within their jurisdiction. Therefore, if a construction site located within the jurisdiction of one of these government entities does not properly manage stormwater at that site, the government entity may be in violation of their permit in addition to the construction site owner and operator. AMENDING YOUR PERMIT CERTIFICATION This section is only applicable if the limited information on the construction project submitted in the two- page application form changes. In such case, it may be necessary to provide the Division with revised information. If the information provided by the permittee in their two-page application form is no longer accurate, the permittee must provide the revised information to the Division. This includes such items as the planned total disturbed acreage, and the project legal description or map originally submitted with the application. (Note: it is not necessary to revise the anticipated final stabilization date, since the information provided was only an estimate.) To revise this information, provide a letter to the Division's Stormwater Program (see the contact information on page 1) that includes the revised information. The Division will not respond to this letter, so you are advised to obtain delivery confirmation from your postal service to confirm receipt. When the Stormwater Management Plan is revised, as required by the Stormwater Construction Permit, it is not necessary to notify the Water Quality Control Division. When BMPs or other site details discussed in the SWMP are modified, the SWMP must be updated to accurately reflect the actual field conditions. Examples include, but are not limited to, removal of BMPs, addition of BMPs, modification of BMP design specifications, and changes in items included in the site map and/or description. However, this information is not submitted to the Division, unless requested. F. ENDING YOUR PERMIT COVERAGE A Stormwater Construction Permit certification remains active until inactivated, or transferred or reassigned to a new responsible party. Forms for inactivation, transfer or reassignment of a permit certification can be obtained from the Division's web site or by contacting the Division (see first page for address information). Page 5 of 10 Revised 7/07 Water Quality Control Division — Stormwater Program www.cdphe.state.co.us/wq/permitsunit 1) Inactivation notice Permit coverage for a site that has been finally stabilized in accordance with the SWMP (see definition in Section B.1, above), may be inactivated by submitting a completed Inactivation Notice form. This form contains a certification statement that must be signed in accordance with the General Requirements of the permit. Also, the permittee may inactivate permit coverage at sites where all areas have been removed from their permit coverage, by one or more of the methods below: • reassignment of permit coverage (see Section F.3); • sale to homeowner(s) (see Section H); and/or • amendment by the permittee, as discussed in Section E, above for areas where permit coverage has been obtained by a new operator (see Part G.1, below) or the area is returned to agricultural use (see the Division's Oil and Gas Construction Fact Sheet). In these cases the permittee would no longer have any land covered under their permit certification, and therefore there would be no areas remaining to finally stabilize. Submittal of an Inactivation Notice is still required and must discuss how the above conditions have been met. 2) Transfer of permit Permit coverage for a construction site may be transferred to a new entity when responsibility for stormwater discharges at the site changes from the permittee to the new entity. To transfer permit coverage, the permittee must submit a completed Notice of Transfer and Acceptance of Terms form that is signed in accordance with the General Requirements of the permit. If the new entity will not complete their portion of the transfer form, the permit certification may be inactivated if the permittee has no legal responsibility for the construction activities at the site, requests inactivation in written correspondence to the Division, and submits a completed Inactivation Notice form. Reassignment of permit Pennit coverage for a specific portion of a permitted site may be reassigned to a new entity when a permittee no longer has control of that portion of the site, and wishes to transfer coverage of that portion to a second party. To reassign permit coverage for a specific portion of a permitted site, the permittee must submit a completed Notice of Reassignment of Permit Coverage form that is signed in accordance with the General Requirements of the permit. If the new entity will not complete their portion of the reassignment form, the specific portion of the site may be removed from permit coverage if the permittee has no legal responsibility for the construction activities at the portion of the site, and a written request (including contact information for the new entity) is submitted to the Division. G. PERMITTING FOR DEVELOPMENTS WITH MULTIPLE OWNERS AND/OR OPERATORS For situations where multiple entities meet the definition of owners and/or operators for different portions of a development (e.g., a single development with multiple lots being owned and operated by separate entities), extra care must be taken to ensure that proper permit coverage is maintained and that stormwater management practices are correctly documented and implemented. Local stormwater quality programs may have differing requirements for who must maintain permit coverage, and what actions must occur when permitted areas and/or activities change. Construction site owners and operators must ensure that their actions do not result in violations of local program requirements. Refer to Section D for additional information. 1) Permit Coverage for Multiple Owner/Operator Development ;4 When a portion of a permitted site is sold to a new owner, a permit certification must be in place that is held by an entity meeting the definition of owner and/or operator of the sold area (see the discussion in Section B.2, above). This may be accomplished in one of the following ways: Page 6 of 10 Revised 7/07 Water Quality Control Division — Stormwater Program www.cdphe.state.co.uslwglpermitsunit a) Coverage Under the Existing Certification — Activities at the sold area may continue to be covered under an existing permit certification for the project if the current permittee meets the definition of operator for the sold area. To meet the definition of operator, the current permittee must have contractual responsibility and operational control to address the impacts that construction activities at the sold area may have on stormwater runoff (including implementation of the SWMP for the sold area). Therefore, a legally binding agreement must exist assigning this responsibility to the current permit holder on behalf of the new owner andlor operator for the sold area. It is not necessary to notify the Division in such case. However, documentation of the agreement must be available upon request, and the SWMP must be maintained to include all activities covered by the Stormwater Construction Permit. Example: Developer Dan sells a lot to Builder Bob. Developer Dan is currently covered by a permit certification that covers a larger area, which includes the sold lot. Developer Dan and Builder Bob may enter into a contract that assigns the responsibility for permit coverage and stormwater management to Developer Dan for Builder Bob's lot. Developer Dan is also responsible for making sure his SWMP includes the activities on the sold lot. Developer Dan's permit certification will continue to cover construction activities on Builder Bob's lot. b) New Certification Issued — Reassignment — A new permit certification may be issued to the new owner and/or operator of the sold area. The existing permittee and the new owner and/or operator must complete the Reassignment Form (available from the Division's web page, see page 1) to remove the sold area from the existing permit certification and cover it under a certification issued to the owner and/or operator of the sold area. Both entities must have SWMPs in place that accurately reflect their current covered areas and activities. Example: Developer Dan sells a lot to Builder Bob. Developer Dan is currently covered by a permit certification that covers a larger area, which includes the sold lot. For this example, Developer Dan and Builder Bob must jointly submit the Reassignment Form. Builder Bob will be issued a new permit certification for his lot and the lot will be removed from Developer Dan's permit coverage. Prior to submittal of the Reassignment Form, Developer Dan must revise his SWMP to reflect the changes in his covered area and activities, and Builder Bob must develop his own SWMP to cover the area and activities he will obtain coverage for. c) Amend Existing Permit Certifications — In some cases, both parties (the original owner/operator and the new owner/operator of an area undergoing transfer of ownership or operation) will already both be permit holders for their portions of the overall project (i.e., at least two permit certifications are issued for the project and cover both the party wishing to reassign coverage and the party wishing to accept coverage). When an additional area is transferred between the two parties, the permittees may simply amend their permit certifications instead of completing the Reassignment Form. Both parties must separately complete the procedures discussed in Section E to amend their permit coverage, removing the applicable area(s) from the original owner/operator's permit coverage, and adding the area(s) to the new owner/operator's permit coverage. The requests must cite both permit certification numbers. (Note: this request may be submitted jointly if it is signed by both entities.) This option will likely be used in cases where a developer and an owner have already submitted a Reassignment Form, as discussed in Part b, above, where an initial transfer of lots has occurred, and then additional lots are transferred at a later date. Both entities must have SWMPs in place that accurately reflect their current covered areas and activities. Example: Developer Dan sells a lot to Builder Bob. Developer Dan is currently covered by a permit certification that covers a larger area, which includes the sold lot. In addition, Builder Bob also holds a permit certification for other portions of the development which he already owns, and Builder Bob wishes to cover his new lot under this certification. Developer Dan submits a request to remove the lot from his permit certification and provides Builder Bob's permit certification number that the lot will now be covered under. Builder Bob also submits a request to modify his permit certification to add the lot, and provides Developer Dan's permit certification number under which the lot was previously covered. Developer Dan and Builder Bob must revise their SWMPs to reflect the changes in their covered area and activities. Page 7 of 10 Revised 7107 Water Quality Control Division — Stormwater Program www.cdphe.state.co.us/wq/permitsunit 2) Permit Compliance for Multiple Owner/Operator Development As a permittee, the most important concept for projects where multiple entities are involved is: if activities within your permitted area result in pollution of stormwater, ym are the entity responsible for ensuring that those pollutants are properly managed. Permittees are responsible for complying with the Stormwater Construction Permit requirements for the areas and activities for which they have permit coverage, and for all BMPs they are relying on to comply with the permit. Properly addressing and documenting the responsibility of various parties at a construction site will help protect an entity from liability in the case where another party's actions result in failure of BMPs. a) Pollutants from Outside the Permitted Area: A permittee may be held liable for pollutants that pass into and are then discharged from their permitted area or that result from another entity's activities. Specifically, a permittee may have responsibility to ensure proper implementation of BMPs to control stormwater discharges from their permitted area, even if another entity is contributing pollutants. The Stormwater Construction Permit requires the permittee to ensure the implementation of BMPs which will be used to control the pollutants in stormwater discharges associated with construction activity from their permitted area. Therefore, a permittee may be responsible for adequately implementing and maintaining BMPs that are providing treatment for pollutants originating outside of their permitted area or from another entity's activities. An example is when a permittee's property is being used by a separate entity for construction activities (e.g., loading and unloading, site access, materials storage, etc.), or BMPs located on the permittee's property are being relied on to treat stormwater runoff from another site. This scenario is common when a developer sells off lots to a builder. As a practical matter, what most often occurs is that the developer must allow the builder to use the developer's infrastructure (e.g., roads, storm drains, ponds, etc.) for activities and BMPs that cannot realistically be limited to the builder's property. In this case, the developer remains a liable party (in addition to the builder) to ensure that proper stormwater management is implemented for the project. Permit coverage may instead be assigned to the builder for this infrastructure, if the builder has been designated as the operator of the area for stormwater quality purposes (See Section B.2). However, this may not always be practical when multiple builders are operating in an area or when the developer is still performing their own construction activities. Refer to the Liability and Example sections, below, for further guidance. b) BMPs Located Outside the Permitted Area: If a permittee will be relying on BMPs that are outside of the area they own and/or operate, the specific actions listed below must be taken to ensure compliance with the Stormwater Construction Permit. The permittee is responsible for ensuring the proper managment all pollutants from their permitted area. Even if the BMP are implemented by another party, the permittee may still be liable if their pollutants are eventually discharged. The permittee is responsible for ensuring the operation and maintenance of all BMPs that are used to control pollutants that originate from their activities, even if the BMPs are located outside of the area owned and/or operated by the permittee. For example, a builder may only have ownership of a single lot, but may have to rely on BMPs that are located off of their lot and on a developer's property to adequately manage stormwater runoff, such as inlet protection that is on the developer's streets. If a permittee will rely on BMPs that are outside the area that they own and/or operate, the following measures must be taken: i) Any off-site BMPs must be documented in the permittee's SWMP. This includes structural BMPs (e.g., inlet protection and sediment ponds) and non-structural BMPs (e.g., concrete wash out areas and street sweeping). By including the BMPs in the SWMP, the permittee can effectively include the practices under their permit coverage. In such cases, the same off-site BMPs may actually be included in two or more parties' SWMPs. Page 8 of 10 Revised 7/07 Water Quality Control Division — Stormwater Program www.cdphe.state.co.us/wq/permmtsunit li) The permittee must have adequate permission from the land and/or BMP owner(s) to utilize the off-site conveyances and BMPs and to ensure proper maintenance and operation. The permittee must be able to provide evidence of this agreement upon request. iii) The off-site BMPs must be operated and maintained in accordance with the SWMP(s) and must control the discharge of pollutants. It may be necessary to enter into agreements with other parties to ensure operation and maintenance of these BMPs. Regardless of who actually carries out the operation and maintenance of a BMP, all permittees who make use of the BMP to control pollutants from their construction activities remain liable if the BMP is not adequately operated and maintained. iv) All BMPs must be located prior to discharge to surface waters or municipally -owned storm sewer systems. Liability: In the above examples, to reduce liability, the developer and builder should communicate on stormwater management issues and document who will be responsible for specific BMPs (e.g., who will maintain inlet protection and implement street sweeping). If BMPs are not being adequately implemented by the party defined as responsible, the other party should take the necessary action to ensure pollutants originating from, or passing through, their permitted area are properly controlled. It is recommended that stormwater management responsibilities be addressed in contracts or other legal agreements between applicable owners and operators for construction sites where one party's actions may impact another party's permit compliance. These legal agreements will both help define roles and responsibilities at a multi owner/operator site, and also may be used to seek damages from a contractor if monetary penalties are issued to a permittee for permit violations. Example: Developer Dan sells a lot to Builder Bob. Following the procedures discussed in Section G.I.b or c, above, Builder Bob obtains separate permit coverage for his new lot, ending at the curb line. Because the site infrastructure is being utilized by several different builders at the project, Developer Dan maintains permit coverage for the streets, storm drain system, and a large retention pond that is designed and implemented as a BMP to manage pollutants from construction activities at the development (including Builder Bob's lot). In addition to the large pond, inlet protection is also being used to protect storm sewer inlets located on Developer Dan's roads, and street sweeping is occurring to control sediment tracked onto Developer Dan's roads. Builder Bob is relying on the pond, inlet protection, and street sweeping to manage pollutants from his lot, and therefore has included the BMPs in his SWMP, as discussed in Section G.2.b, above. The BMPs are also included in Developer Dan's SWMP because they are being used to control pollutants from property he still maintains control over, as discussed in Section G.2.a, above. In addition, Developer Dan and Builder Bob enter into a contract that clearly defines Developer Dan as being responsible for implementing and maintaining the infrastructure BMPs (i.e., the pond, inlet protection, and street sweeping BMPs), and requires Builder Bob to implement additional BMPs on his lots, such as vehicle tracking control and construction waste management. If the infrastructure BMPs are not properly operated and maintained, or discharges of sediment and/or other pollutants from Builder Bob's lot are not properly controlled and overwhelm the infrastructure BMPs, both Developer Dan and Builder Bob may be in violation of their permits. Therefore, Builder Bob and Developer Dan must both remain diligent in ensuring that conditions of their contract are being met and BMPs operated by both parties continue to be implemented in accordance with their SWMPs. H. SALE OF RESIDENCE TO HOMEOWNERS _16Residential lots that have been conveyed to a homeowner and that meet the specific criteria below do not s require coverage under the Stormwater Construction Permit. In this case, the conveyed lot may be removed from coverage under the permittee's certification, and the permittee is no longer responsible for meeting the terms and conditions of this permit for the conveyed lot, including the requirement to transfer or reassign permit coverage. The permittee remains responsible for eventual inactivation of the original certification (see Part F, above). The criteria for these lots are as follows: Page 9 of 10 Revised 7/07 Water Quality Control division — Stormwater Program www.cdphe.state.co.us/wq/perrnitsunit 1) The lot has been sold to the homeowner(s) for private residential use; 2) the lot is less than one acre of disturbed area; 3) all construction activity conducted by the permittee on the lot is completed; 4) a certificate of occupancy (or equivalent) has been awarded to the homeowner; and 5) the SWMP has been amended to indicate the lot is no longer covered by permit. Lots not meeting all of the above criteria require continued permit coverage. However, the permit coverage for the conveyed lot may be transferred or reassigned to a new owner or operator (see Parts F and G.1, above). I. CONSTRUCTION DEWATERING Construction dewatering water can NOT be discharged to surface waters or to storm sewer systems without separate permit coverage. The discharge of Construction dewatering water to the ground, under the specific conditions listed below, may be allowed by the Stormwater Construction Permit when appropriate BMPs are implemented. Two options are available for managing uncontaminated Construction Dewatering water on a construction site. Construction Dewatering water discharged from the project site, to surface waters or to storm sewer systems, is considered a process water and requires an industrial process water permit. Applications for dischargers engaged in the dewatering of uncontaminated groundwater from a construction site are available from the Division's web site or by contacting the Division (see first page for address information). Alternatively, Construction Dewatering water may be discharged to the ground if all of the following conditions are met: 1) The discharge and the BMPs are included in the SWMP; 2) Adequate BMPs are included to control stormwater pollution; 3) The discharge does not leave the site as surface runoff or to surface waters/storm sewer systems; and 4) The groundwater being pumped is not contaminated so as to exceed State groundwater standards. .► the above conditions are not met, a separate permit (see above) is needed for discharges to the ground and/or surface waters. Further information concerning Construction Dewatering, including what constitutes contamination of groundwater, can be found in the Stormwater Construction Permit and Rationale. These documents and others can be obtained from the Division's web site or by contacting the Division (see first page for address information). J. CONCRETE WASHOUT .A Concrete Washout water can NOT be discharged to surface waters or to storm sewer systems without separate permit coverage. The discharge of Concrete Washout water to the ground, under the specific conditions listed below, may be allowed by the Stormwater Construction Permit when appropriate BMPs are implemented. Concrete Washout water from washing of tools and concrete mixer chutes may be discharged to the ground if all of the following conditions are met: I) The source is identified in the SWMP; 2) Adequate BMPs are included in the SWMP to prevent pollution of groundwater; and 3) These discharges do not leave the site as surface runoff or to surface waters/storm sewer systems. The use of the washout site should be temporary (less than 1 year), and the washout site should be not be located in an area where shallow groundwater may be present, such as near natural drainages, springs, or wetlands. Concrete washout water must not be discharged to state surface waters or to storm sewer systems. Also, on-site permanent disposal of concrete washout waste is not authorized by this permit. -ther information concerning Concrete Washout can be found in the Stormwater Construction Permit and Rationale. .;se documents can be obtained from the Division's web site or by contacting the Division (see first page for address). Page 10 of 10 Revised 7/07 VICINITY MAP SCALE D = 40004 SHEET INDEX: SHEET 01 -COVER SHEET SHEET 02 - SITE PLAN SHEET 03 - TYPICAL SOLAR GARDEN DETAILS SHEET 04 -EROSION CONTROL PLAN SHEET 05 - EROSION CONTROL TYPICAL DETAILS STANDARD NOTES: 1. THE SPECIFIED SOLAR PANELS, RACKING SYSTEM, AND INVERTERS ARE INTENDED TO ILLUSTRATE GENERAL INFORMATION ABOUT THE COMPONENTS OF THE SOLAR FACILITY. COMPONENTS THAT ARE SIMILAR IN APPEARANCE AND FUNCTION MAY BE SUBSTITUTED FOR THE COMPONENTS SPECIFIED OR ILLUSTRATED ON THIS SITE PLAN. THE LOCATION OF THE ARRAYS ANO INVERTERS MAY VARY SLIGHTLY FROM WHAT IS DEPICTED ON THIS SITE PLAN, PROVIDED THE INSTALLED COMPONENTS MEET ALL REQUIRED SETBACKS. MAJOR LAND USE IMPACT PERMIT SUNNYSIDE RANCH COMMUNITY SOLAR GARDEN CARBONDALE, COLORADO LOCATED IN THE SOUTHWEST QUARTER OF SECTION 30, TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF JACKSON, STATE OF COLORADO OVERALL SITE MAP SCALE 1'=300' PROJECT INFORMATION CARBONDALE PROJECT - 11.5 ACRES± 17919 KWAC TOTAL MODULES, 8028 INVERTER: SOLECTRIA PVI 85 KW OR EQUIVALENT GENERAL LEGEND PROJECT BOUNDARY EXISTING MAJOR CONTOUR EXISTING MINOR CONTOUR PROPOSED FENCE SETBACK LINE APPLICANT ENGINEER CLEAN ENERGY COLLECTIVE ENERTIA CONSULTING GROUP, LLC 3005 CENTER GREEN DRIVE, 1437 LARIMER STREET SUITE 205 DENVER, COLORADO 80202 BOULDER, COLORADO 80301 CONTACT: SEAN O'HEARN, PE, PG CONTACT: CHAD ROACH (303) 473-3131 (970)X809-0525 VERIFY SCALE EAR IS ONE INCH ON ORIGINAL DRAWING. 9 - SCALE DATE MAY 39, 2014 FILE [FTl Tllillllilrlrrr I-{J 15' MIN. ARRAY SETBACK 15' MIN. ARRAY SETBACK SOLAR ARRAY (TYP) PROPOSED S' HIGH GAME FENCE FENCE (TYP) 94' (TYP) 01 TRANSFORMER IINVERTER PAD + x s e x x x TIE TO EXISTING GRAVEL ROAD PROPOSED GATE 20' GRAVEL ACCESS OR{VE 15' MIN ARRAY SETBACK 15' MIN. ARRAY SETBACK" GENERAL NOTES: 1. LOCATION OF INVERTER PAD AND TRANSFORMER PAD MAY CHANGE BASED ON XC EL REQUIREMENTS. THERE ARE NO PROPOSED AREA GRADING ACTIVITIES. THE PV ARRAYS SHALL BE INSTALLED AT EXISTING GRACIE WITHOUT CLEARING OR GRUBBING OF VEGETATION. TREES ARE NOT OBSERVED WITHIN THE PV ARRAY AREAS IF NECESSARY, TREES AND SHRUBS. ARE TO BE REMOVED AS NECESSARY TO ALLOW FOR THE INSTALLATION OF THE ARRAYS AND TO ELIMINATE SHADING. El Scale: r=40' FEET OGRAVEL ACCESS DRIVE TYPICAL L1.1 Z >w Hce 0 L7�¢ WpLu Zm Z = O Q JO 0 VERIFY SCALE 0AR 15 ONE INCH ON ORGINAL DRAWING. 0 00AL5 DATE MAY 30, 2014 FILE DWG SHEET 2 OF 5 15' SETBACK (TYP), 6' HIGH CHAIN LINK FENCE 7 jLY.AW 4_,v'L.,,,.4.,,,clrc,..,Wl ,WI ,wl \WlvrWy \S1.W SOLAR MODULES (TYPy SINGLE MIS TRACKING SYSTEM U. Yv,wres,Wk.a,W �s-.UWM-'H1&-�.twh�wc 18.4' (TVP) DRIVEN STEEL SUPPORT COLUMNS (SPACED 10'O.C, TIP) TRACKER CONNECTING ROD (TVP) uW.4-NLWb_9WU •.�., B SOLAR GARDEN CROSS SECTION 3 NTS ` 1 " 1 I 1 .� MODULES ITYP) ,__ III 59, 36• TO 48• it !1 I 1 '/ HEIGHT DRIVEN STEEL SUPPORT COLUMNS (SPACED 10'O.C. TYP)' SINGLE MIS TRACKING SYSTEM TYPICAL PV ARRAY RACKING SYSTEM NOT TO SCALE TRACKER CONNECTING ROD (TYP) N N wn 15' SETBACK (TYP) - 6' HIGH CHAIN LINK FENCE 112,,11.1f , . GROUND VEGETATION TO REMAIN 1741 S/ MCr.EN1 EDGE COI1 :RETE'_+? (Ogre* 190j TYPICAL 6' HIGH GAME FENCE NOT TO SCALE 5 13 •1I 7RO aANE4 RODE ICaREE-. 7 r ,. • . y TYPICAL INVERTER PAD NOT TO SCALE. 17- `m U1 C roU Lu z > w E ULir ,nct p 0 0 6 w a W Z Z� _10 00 VERIFY SCALE BAR (SONE INCHON ORIGINAL DRAWING. 4 SCALE DATE MAY 30, 2014 FILE DWG SHEET 3 OF 5 IS MK ARRAY SETBACK SOLAR ARRAY (TYP) PROPOSED S' HIGH CAME FENCE FENCE (TYP) N. ARRAY_ !BACK TRANSFORMER 5 INVERTER PAD N y '� TIE TO EXISTING GRAVEL ROAD 1/ ( r 15 MIN. ARRAY SETBACK PROPOSED GATE 2P GRAVEL ACCESS DRIVE 15' MIN ARRAY SETBACK A Scale: 1'=60' 00 ,2E FEET GENERAL LEGEND EXISTING MAJOR CONTOUR EXISTING MINOR CONTOUR PROPOSED FENCE SETBACK LINE FLOW ARROW AREA OUTSIDE LIMITS OF CONSTRUCTION BMP LEGEND VTC LOC SEDIMENT CONTROL LOG VEHICLE TRACKING CONTROL LIMIT OF CONSTRUCTION CONCRETE WASHOUT AREA J GENERAL NOTES: 1. LOCATION OF INVERTER PAO AND TRANSFORMER PAD MAY CHANGE RASED ON XCEL REQUIREMENTS, 2 THERE ARE NO PROPOSED AREA GRADING ACTIVITIES. THE PV ARRAYS SHALL BE INSTALLED AT EXISTING GRADE WITHOUT CLEARING OR GRUBBING OF VEGETATION. 3. TREES ARE NOT OBSERVED WITHIN THE PV ARRAY AREAS. IF NECESSARY, TREES AND SHRUBS ARE TORE REMOVED AS NECESSARY TO ALLOW FOR THE INSTALLATION OF THE ARRAYS AND TO ELIMINATE SHADING. BMPS SHALL BE INSTALLED PRIOR TO CONSTRUCTIOON. 5 SHADED AREAS OUTSIDE LIMITS OF CONSTRUCTION SHALL NOT BE DISTURBED. CONSTRUCTION FENCE OR CONSTRUCTION MARKERS TO DELINEATE LIMITS OF CONSTRUCTION SHALL BE INSTALLED PRIOR TO ANY OTHER "WORK ON SITE - R. SEE SHEET 5 FOR STOI0AWATER SNP AND CONCRETE WASHOUT DETAILS. O d O N N LU fY Y LG 0 U L1 O Q ED 0 Li N z ❑ Ian 2 C W C SP itiak(U VERIFY SCALE BAR IS ONE INCH ON ORIGINAL 05*510G_ 0 - SCALE DATE MAY 3D, 2014 FILE DWG SHEET 4 OF 5 Sediment Control Log (SCL) SC -2 rv_c_dl.h=.iaxe r to Nl r1: SEDIMENT CONTROL LOC SECT ON A 5:1. (*iv C -CP s [tnrax L::Ga w ! i CONE. sea�lrr 2,73. r_+c SEDIMENT CONTROL LOC JOINTS SCL-1. SEDIMENT CENTRO_ LOC \m'emher 2010 Illh,n plailn,ge poll Flood i'01310+1 Dinar titan Storm Drairoee Lime na \1arl$ Volume 3 SC -2 Sediment Control Log (SCL) SCL--2. SEDIMENT CONTROL 40 t.: i'n 611 Y L 1r t cmu L note53.0. L. w atsr sxw._N -fel Vsels' Err t: (541 LOC AT OhCK OF CURB Pit Afe $CL -3. SEDIMENT CONTROL. LOO AT SIDEWALK WITH TREE LAWN _i r avcrc% 50E SCL-4. SEDIM=NT CONTROL LOC'0 TO CONTROL SLOPE LENGTH Sediment Control Log (SCL) SC -2 stodea1 rC}1HYL12 1120.111 P'1 In, } S[ V" tCn4... nen, av5 sx41 e.-__ •Sff 5J1 145 2 "1 0,0 IkNIV.1 41 INUS1..rl 0x5 ttM. Y t-55Yar vavI_r,_� 1/R411.0 0r54.0.0 04''0 o5 1i04411: ..• EC xeLuEerED r faedly. oscofmv x r.t r•.ue1 suuwis ns �n[•k9`,v+t",...-.. 1 . 9:lEe,Ya:. •,1 1 - i 4540 1004 - - .. i OFFER(1,ES AFT sum SI'I..t 0LL-e l rhea Drainage and l l0adt.intrul UlstrKi 509anber2410 Navaaber'_YIO ll *an lltaimpe and FLNr1 Control lMatnr Nil -5 Lib. Stam DimaagecrlialLI Slanue154!1511100 SEDIMENT CONTROL LOG DETAILS L dein Slam Oreir ;e criteria Manual Velma 3 Eco -Pan Specrfication sheet Eco -Pan objective Alla-vs for easy tanue1e pump washout, ready MI( trucks. and other equipment associated AO cement en 9re and a asy all srte 'Pe rycfog Oe the same compete rrlatenals Eco -Pan Application Construction pralecls where concrete, 45.5[0, rrortar, grout and cement are used asa Co n50YC0pn reaten3l Or where Cemen0a0us y35rerrater 1s created ECO -Pan Maintenance Inspect and clean out vhen 'sfull, not aIlcrnng the Ece-Pan to overflow Inspect waste later losol and request senvice. Peplace won empty ECPPan, as needed Inspect Eco -Pan s to ensure that proper housekeeping are employed when wash ng nut equipnent Ot0odpdon A sell-contaired and vaterhght ecapanwth added fork channels for potab Iay captures and contains concrete wa51errater and wash out matenal Our et o- pan's came In hem sews to anxarnrr0Aate e•,eqe sue poor 1 yard Ilton 011 2 5 yard 4 5ton SPECIFICATIONS The ern -pan r[trst Le pal5ah:e and temporary. vetlerighr equipped nal lurk chancels and have a holing capacgyto accept washout trpm ape ra ,Irnatey 256 yds - 2 5 yard W 5110, Or, 150ybfds-!yard 12 ton of poured concrete 6040 6aloa [mart, 29 to 30Mur wash Rrlse rarNan- NOT TO SCALE Vehicle Tracking Control (VTC) S%1-4 r:71 _cur,r=t E.Etnent .1 SECTION A 1 IMO PION VTC -1. AGGREGATE VEHICLE TRACKING CON!ROL 300 ri pmrapxnn l0 to 15 liter WashOuh• Tx 7 N ]r (Freida to contain ma40dd from Ram 11(0401 tLC NoierlSet 2OI0 Iidtan Dm rage.0115111NW 1'rinlnl DalnLl liAcro Stu=Drzina;e rinka 5111101 !'414400 i CONCRETE WASHOUT DETAIL VEHICLE TRACKING CONTROL DETAIL NOT TO SCALE NOT TO SCALE 11'71'-r u Wz > LLP I— O. O a -ow lip W � z W z z = u W0 UU VERIFY SCALE SARIS ONE INCH ON ORIGINAL DRAWING. 0 — SCALE DATE MAY 36, 2014 FILE DWG SHEET 5 OF 5 U' June 5, 2014 COLORADO Parks and Wildlife Glenwood Springs Area Office 0088 Wilcliife Way Glenwood Springs, CO 81601 Chad Roach Project Manager Clean Energy Collective 3005 Center Green Drive Boulder, CO 80301 RE: Carbondale Landfill Community Solar Garden Project Dear Mr. Roach, Colorado Parks and Wildlife has reviewed the materials provided for the proposed 1.7 megawatt solar garden project in Garfield County near the Carbondale Landfill, Using CPW's Species Activity Maps (SAM) and local knowledge of the area, the following comments summarize the anticipated wildlife impacts resulting from this project, and also provide recommended best management practices (BMPs) to be incorporated into the project design in order to avoid, minimize, and mitigate possible impacts to wildlife species and their habitats. The proposed project is located within mapped Mule Deer Severe Winter Range, Winter Concentration Area, and Black Bear Fall Concentration Area. The project is also directly adjacent to Elk Severe Winter Range, less than one mile from an Elk Winter Concentration Area, and approximately 3/ miles from a Bald Eagle Nest Site (see attached habitat maps). Given the relatively small scale of the project (11.5 acres) and its proximity to existing disturbance and Highway 82, the project should ultimately have minimal impacts on local wildlife. However, CPW does have concerns with the perimeter fencing that is proposed for the boundary of the solar garden. Six foot high chain link fencing with strands of barbed-wire at the top will create a dangerous obstacle for mule deer and elk who attempt to jump the fence. Entanglement in the top strands of barbed-wire can be lethal to animals attempting to access the relatively untouched vegetation within the fenced area. CPW recommends using an eight foot high fence and marking the top strands of barbed wire with flagging or other highly visible material to discourage deer and elk from jumping the fence. Additionally, CPW recommends that raptor perch deterrents be installed on the poles and/or cross arms of any new overhead power lines. Preventing raptors from perching on new power lines will mitigate the risk of mortality from electrocution. Bob D. Broscheid, Director, Colorado Parks and Wildlife • Parks and Wildlife Commission: Robert W. Bray • Chris Castilian, Secretary Jeanne Home • Bill Kane, Chair • Gaspar Penicone • James Pribyl • John Singletary • Mark Smith, Vice -Chair • James Vigil Dean Wingfield • Michelle Zimmerman With the inclusion of the following BMPs into the project design, any other anticipated impacts to wildlife from the construction and maintenance of the solar garden should be minimized. Recommended BMPs 1. Complete the bulk of construction activities outside the time period of December 1 to April 15 to reduce disturbances to wintering animals. 2. Limit post construction site visits to the hours between 10:00 a.m. and 3:00 p.m. between the months of December and April. 3. Ban workers and contractors from bringing dogs on site during the construction period. CPW has had problems with worker's pets harassing wildlife in the past. 4. During the construction phase, all garbage must be kept in a bear -proof container and disposed of on a regular basis. The site should be kept clean of all garbage and waste to eliminate attractants for wildlife. 5. Conduct surveys and treat invasive weed species both prior to construction and after construction has been completed. Eliminating any weeds before disturbing top soil will help reduce the spread of invasive species. Also, an effective weed monitoring and treatment plan should be implemented after completion of the project. 6. If reseeding of any disturbed areas is required after construction, use a mix of native grasses, forbs, and shrubs to optimize the ecological site and reduce the spread of non-native species. 7. If the expected disturbance may impact threatened or endangered plant species, conduct the proper surveys prior to commencing construction. Colorado Parks and Wildlife appreciates the opportunity to comment on this project. If there are any questions or need for additional information, don't hesitate to contact Land Use Specialist, Taylor Elm at (970) 947-2971 or District Wildlife Manager, Matt Yamashita at (970) 947-2931. Sincerely, Perry Will, Area Wildlife Manager Cc. Richard Miller, Clean Energy Collective, Land Manager Michelle Zimmerman, Clean Energy Collective, Land Manager Matt Yamashita, District Wildlife Manager Taylor Elm, Land Use Specialist File * Note: Entire mapped area is within Mule Deer Severe Winter Range, Mute Deer Winter Concentration Area, and Black Bear Fall Concentration Area. :Z friss , 1 • • •1 .moi i �i° x i x+� 1 i Approx. Project 1.1 ,, Boundary r J (/ • 1* ri .�} 1,. •�•.,i! 1, 1 i Carbondate Solar Garden Wildlife Habitat Layers xJ i Solar Garden Boundary Garfield Cnty Parcels Elk Highway Crossings 3 Elk Severe Winter Range Elk Winter Range L. Miles 0.05 Mapped by: Taylor Elm, Land Use Specialist Date: June 3, 2014 Carbondale Solar Garden Raptor Data x/l Solar Garden Boundary Garfield Cnty Parcels BLM Lands C' Bald Eagle Active Nest Buffer G3 Bald Eagle Roost Sites Mites 0 Mapped by: Taylor Elm, Land Use Specialist 0.5 1 Date: June 3, 2014 10 Task Name Duration Start Finish ,'14 Jun 22,14 fu113,'14 Aug 3,'14 Aug 24,'14 Sep14,'14 Oct 5,'14 Ott 26,'14 Nov 16,'14 Obi 7, 14 Dec28, O Mu..y T SMW F S T T 5 MW F 5 T T 5 M WF 5 T T S M W 1 46 SUNNY SIDE RANCH 1.7Mw CONSTRUCTION 584 days Mon 9/1/14 Thu 12/25/14 • ,— - — • 2 fl � Garfield County Land Use -Approval 1 day Tue 9/2/14 Tue 9/2/14 3 Inj • Bldg. Permit Submission 1 day Wed 9/3/14 Wed 9/3/14 4 S Permit Approval 14 days Wed 9/3/14 Mon 9/22/14 s a Site Mobilization 2 days Tue 9/23/14 Wed 9/24/14 6 rn • Grub & Grade 4 days Wed 9/24/14 Mon 9/29/14 7 3 * Remove Existing Power Poles 2 days Wed 9/24/14 Thu 9/25/14 ■I 8 t. Site Layout -Survey Work 3 days Thu 9/25/14 Mon 9/29/14 ii. 9 3 o Fence Installation -Civil Work -Install Gravel 10 days Fri 9/26/14 Thu 10/9/14 Access Path 10 ® * Racking System Delivery 2 days Thu 9/25/14 Fri 9/26/14 51 11 p ▪ Module Delivery 2 days Wed 10/1/14 Thu 10/2/14 a GB Installation of Piers & Caps 20 days Mon 9/29/14 Fri 10/24/14 13 t. Excavation -Rough In for Motor Drives pads 4 days Fri 10/10/14 Wed 10/15/14 im 14 g t AC Wiring/Control Wiring for Motor Drives 3 days Mon 10/13/14 Wed 10/15/14 1111 for tracking system is, Pour Motor Drive Pads 2 days Thu 10/16/14 Fri 10/17/14 16 n 3 Layout Installation of Tables 5 days Fri 10/17/14 Thu 10/23/14 i7 C3 ' Racking Installation 15 days Fri 10/17/14 Thu 11/6/14 is n ,s Holy Cross 3phase Interconnection Line Wo 5 days Mon 9/22/14 Fri 9/26/14 i 19 3 7> Inverter/Equipment Pad Excavation 1 day Mon 10/20/14 Mon 10/20/14 h 20 3 Inverter Pad Rough In -Backfill 5 days Tue 10/21/14 Mon 10/27/14 alT. 21 3 3 Pour Pad 1 day Mon 10/27/14 Mon 10/27/14 zz ' Module Staging and Installation 15 days Fri 10/17/14 Thu 11/6/14 23 ® 3 DC Trenching-Conduit-Combinber Box- 5 days Tue 10/21/14 Mon 10/27/24 s� Cable Placement 24 O p AC Trenching-Conduit/Cable Placement 2 days Tue 10/21/14 Wed 10/22/14 a zs in • Deliver -Set Inverters 1 day Wed 10/29/14 Wed 10/29/14 ti 26 ▪ Equipment Wiring -Equipment Pad -Inverter 3 days Thu 10/30/14 Mon 11/3/14 27 a Build Inverter Shade Structure 1 day Thu 10/30/14 Thu 10/30/14 28 ▪ AC Interconnection from Transformer 1 day Tue 11/4/14 Tue 11/4/14 29 v Performance Testing and Commissioning 5 days Wed 11/5/14 Tue 11/11/14 30 AHJ-Final Building/Electrical Inspection 1 day Mon 11/3/14 Mon 11/3/14 31 614, Holy Cross -Witness Testing 1 day Wed 11/12/14 Wed 11/12/14 32 2 Final Interconnection -Start -Up 1 day Thu 11/13/14 Thu 11/13/14 33 11'a Project Close Out Activities 30 days Fri 11/14/14 Thu 12/25/14 Project Sunny Side Ranth Commu Date: Mon 6/9/14 Task Project Summary Inactive Milestone Manual Summary Rollup Deadline Split External Tasks Inactive Summary Manual Summary ijpo Progress Milestone • External Milestone Manual Task 1111 Start -only C Summary li- Inactive Task Duration -only Finish -only 3 Page 1 TRAFFIC IMPACT ANALYSIS PROJECT OVERVIEW Project Duration: September 1st— December 25th- 2014 Project Duration Days: 84 Days +/- Analysis Narrative: The project will be constructed and completed within 2014 calendar year. Anticipated construction start will be in September and continue through until the end of the year 2014. Majority of the major construction traffic during the construction schedule will take place during four phases of the construction schedule. 1) Mobilization Activities 2) Racking Delivery 3) Module Delivery 4) Fence installation -Civil Work. It can be anticipated that these four areas will likely have the majority of the heavier equipment delivered, and material delivered to the site during staggered delivery dates. The exact timing and truck counts cannot be estimated at this time. Once these four phases of the construction schedule are completed, we can anticipate a large drop off of heavy truck traffic. The traffic will then be expected to be just normal small truck/car traffic used for transporting workers performing the installation of the array. 1) Mobilization Activities- This will be delivery of site trailers, temporary bathrooms, and temporary storage containers that will be used through completion of the project. These will likely be delivered using larger semis and delivery trucks with multiple site trips. 2) Racking Delivery -This will be delivery of the majority of the structural infrastructure for the solar arrays. These will come in phased deliveries over the course of 1-2 days. These will likely be delivered using larger semis for the delivery of these items, with off-loading activities occurring. 3) Module Delivery- This will be the delivery of the modules used for the solar array. At this time we anticipate these being delivered over the course of 1-2 days. These will likely be delivered using larger semis for delivery of these items, with off-loading activities occurring. 4) Fencing Installation -Civil Work- This will be delivery of all our fencing components, and heavy equipment used for constructing the site fence, and access road. These will likely be delivered using larger flatbeds for delivery of these items, with off-loading activities occurring. ■III 11Yrril% 110 !WIWINMI' 11111 Recept i on#t : 851283 07/11/2014 03:13;30 PM Jean Riberico 1 of 1 Rec Fee:$11.00 Doc Fee:0.00 GARFIELD COUNTY CO Garfield County STATEMENT OF AUTHORITY Pursuan to C.R.S. §38-30-172, the undersigned executes this Statement of Authority on behalf of ?,t -4- , a G L (corporation, limited liability company, general partnership, registered limited liability partnership, registered limited liability limited partnership, limited partnership association, government agency, trust or other), an entity other than an individual, capable of holding title to real property (the "Entity"), and states as follows: The name of the Entity is and is formed under the laws of The mailing address for the Entity is _ • P -70e Zc) c L -G2/ CSO cOEc / The name and/or position of the person authorized to execute instruments conveying, encumbering, or otherwise affectin __Ile to real pry on behalf of the Entity is ✓ski*—� ci.�6� 1- �2 a�, c c. G�` /L�I,g .�..RC+e�� The limitations upon the authority of the person named above or holding the position described above to bind the Entity are as follows (if no limitations, insert "None"): ,A/orv� Other matters concerning the manner in which the Entity deals with any interest in real property are (if no other matter, leave this section blank): EXECUTED this 2 / day of , 20 / `/ . Signature: Name (printed): Title (if any): y rc STATE OF ego- zo ) )SS. ) COUNTY OF C�G The foregoing instrument was acknowledged before me this c:-?/ day of 6 , 20 /1/ by e-lt...CLg , on behalf of &e,h5 4 2tY , a Witness my hand and official seal. My commission expires: 7-, 7- czo/7 (Date) ELIZABETH M. GAUGER NOTARY PUBLIC STATE OF COLORADO NOTARY ID # 19934008210 MY COMMISSION EXPIRES JULY 07, 2017 [SEAL] 1111 Iii,11111 Reception#: 851284 07111/2014 03:13:35 PM Jean Rlberiao 1 of 1 Reo Fee:$11.00 Doc Fee:0.00 GARFIELD COUNTY Co LAND OWNER STATEMENT OF AUTHORITY Pursuant to C.R.S 38-30-17 Rick & Mary James the ("Land Owner") In connection with the Option Lease dated April 16th, 2014,(the "Lease") by and between Land Owner and GCASA II, LLC as("Tenant"), herby gives permission to the Tenant and it's representatives to move forward with a Land Use Application and permit on the subject property within Garfield County, Colorado. IN WITNESS WHEREOF, Land Owner subscribes this Land Owner Statement of Authority as of this N' day of V(3 , 20 Land Ow By: Title: ell Oh, e4.:7 NpC/Gt%AIZ STATE OF L D 4 U"YC G1 COUNTY 6 Vt4 Vwlt . to wit: The foregoing instrument was acknowledged before me in my jurisdiction aforesaid this 11+1 -1(‘ - day 1""'day of 11 a , 2014, by i2 -10K, 0 6UVV1 e5 1-10 t• F ,n'n ee) , who is LI,wto ovvvie.r ofxnj isuibjexit prO�L ,a S -/H*e_i .s c 4 tc`ELhotri for and on behalf of the f7 6- (- 1 I ARIELL A. _TRUJILLO NOTARY PUBUC STATE OF COLORADO MY COMMISSION EXPIRES MARCH 25.2017 c ei- (((-7 -L.��- e� Notary Public for My Commission Expires: ��aozoen+r• QOVf \,\t%% \ , 000 g ry Garfield County STATEMENT OF AUTHORITY Purs,ant to C.R.S. §38-30-172, the undersigned this Statement of Authority on behalf of , a Z (corporation, limited liability company, general partnership, registered limited liability partnership, registered limited liability limited partnership, limited partnership association, government agency, trust or other), an entity other than an individual, capable of holding title to real property (the "Entity"), and states as follows: The name of the Entity is -,r/9GG� and is formed under the laws of 7 des406)d The mailing address for the Entity is ,moi C'e" .Zos.d �3ovGaF�c' 3e1 The name and/or position of the person authorized to execute instruments conveying, encumbering, or otherwise affecting title to real property on behalf of the Entity is Z /247e - The limitations upon the authority of the person named above or holding the position described above to bind the Entity are as follows (if no limitations, insert "None"): .'t/' Other matters concerning the manner in which the Entity deals with any interest in real property are (if no other matter, leave this section blank): EXECUTED this 28 Clay of 4e7 Signature: Name (printed): /06044P ---4P 1. /i%/// e Title (if any): _J9rif2' /715/Ih¢�_ STATE OF �j lvr�r d ) )SS. COUNTY OF ,ju /der ) The forgoing instrument was acknowledged before me this a: f day of ? 20 1 y by ,on behalf of erc4 /4 .2Z Ltl ,a Witness my hand and official seal. My commission expires: i A --o e - " -ei (Date) If SAMUEL S. CUNNINGHAM NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20084041043 MY COMMISSION EXPIRES 12-01.2016 [SEAL] - O U 2 D oU J LL tz 041 0 CO 21 CC Ill MO C .y■ ' o 0 MEG *oUti -i IMI t o 12 Z. 0715 yNp -a01- Clean Energy COLLECTIVE. July 10, 2014 Mr. David Pesnichak, AICP Senior Planner Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Re: E-mail of June 11, 2014 — Submittal Items for James MIPA-7900 Dear Mr. Pesnichak, Chad and I received the above -referenced e-mail regarding the submittal items for the James MIPA-7900 case. Since receiving your e-mail, we have been collecting the information and documents requested to provide a complete application. The following information is provided, in response to your comments: ■ The Statement of Authorization has been completed and is recorded with the Garfield County Clerk and Recorder. Please see the enclosed copy of the recorded document. ■ The Weed Management and Reclamation Plans are nearing completion and will be provided as soon as it is available. ■ A photo simulation has now been included that shows that the proposed community solar garden will have very minimal visibility from surrounding properties or public roadways. The photos for the simulation were taken from Catherine Stone Road, which will be the road where the panels will be minimally visible. The reference height for the panels was placed at 12 feet when the photographs were taken. ■ Regarding the Landscape Pian, the location and existing vegetation on site helps provide very good visual screening, as shown by the photo simulations. The proposed arrays are visible for brief periods from Catherine Stone Road. Should the staff determine that additional landscaping is necessary, the best use of landscaping for screening would be native evergreen trees placed in random distribution, between the arrays and viewpoints from Catherine Stone Road. The following portions of Section 7-303 Landscape Standards, from the Garfield County Land Use and Development Code, are applicable to the proposed solar arrays: 0/Clean Energy COLLECTIVE._ A. Genera! Standards. 1. All portions of the site where existing vegetation cover is damaged or removed, that are not otherwise covered with new improvements, shall be successfully re -vegetated with a mix of native, adaptive, and drought -tolerant grasses, ground covers, trees and shrubs. The density of the re-established vegetation must be adequate to prevent soil erosion and invasion of weeds after 1 growing season. Response: Any grasses or vegetation damaged during the construction phase will be re -vegetated with a grass seed mix recommended by Steve Anthony, Garfield County Vegetation Manager. There are no significant trees located in the proposed array area. Any significant trees around the perimeter of the arrays that are damaged during the construction phase will be replaced with native, drought - resistant trees. D. Plants Compatible with Local Conditions. All plants used for landscaping shall be compatible with the local climate and the soils, drainage, and water conditions of the site. When planting occurs on hillsides, slopes, drainage ways, or similar natural areas, plant materials should duplicate adjacent plant communities both in species composition and special distribution patterns. Whenever possible, drought -resistant varieties of plant materials shall be utilized. Xeriscaping design principals and the use of native plant species shall be used when appropriate. Response: All grass seed mix used on the site will be native grasses found on the site and those recommended by Steve Anthony, Garfield County Vegetation Manager. Any trees that are required to be planted will be species found on the site, native, and drought -resistant species. E. Existing Vegetation. Healthy trees, native vegetation, natural or significant rock outcroppings, and other valuable features shall be preserved and integrated within planting areas. Response: All healthy trees and native vegetation will be preserved when possible. Any trees and grasses damaged during the construction phase will be replaced with similar native species. There are no significant rock outcroppings on the proposed solar site. F. Minimum Size. To ensure healthy plant materials are installed in new development, trees and 2 Mean Energy COLLECTIVE_, shrubs shall comply with the quality standards of the Colorado Nursery Act, 1973 C.R.S. Title 35, Article 26. 3. Deciduous Trees. Deciduous trees shall be a minimum of 1-1/2 inches in caliper, measured at a point 4 inches above the ground. 4. Coniferous Trees. Coniferous trees shall be a minimum of 4 feet in height, measured from the top of the root ball to the top of the tree. 5. Ornamental Trees. Ornamental trees shall be a minimum of 1-1/2 inches in caliper, measured at a point 4 inches above the ground. 6. Shrubs and Vines. Shrubs shall be a minimum of 1 foot in height at the time of planting. Vines shall be in a minimum 1 gallon container. Response: Any trees installed as a result of this proposed development will comply with the quality standards of the Colorado Nursery Act, 1973 C.R.S. Title 35, Article 26 and the standards found in the Garfield County Land Use and Development Code, Section 7-303, Landscape Standards. G. Minimum Number of Trees and Shrubs. Trees and shrubs must be grouped in strategic areas and not spread thinly around the site. Where screening is required, plant materials must be sufficient to create a semi-opaque wall of plant material between the property and the adjoining area to be screened. Response: Any trees installed will emulate the surrounding natural environment. Specific placement of trees will be coordinated with the Planning staff to help ensure maximum screening potential. • Regarding soil characteristics, I met with Chris Mueller, GIS Specialist/Coordinator with the USDA -Natural Resources Conservation Service at the Denver Federal Center. The vast majority of the site is classified as "Almy loam, 1 to 12 percent slopes" (please see the attached soils map and soils descriptions). "Almy loam is "well drained" and has a low "shrink -swell potential". There is a second soil classification, "Fluvaquents, 0 to 10 percent slopes", on the extreme southern portion of the site. This type of soil is typically found in floodplain valley floors. The "shrink -swell potential" is rated as low. The racking for the panels will be supported by pile -driven metal posts. These support structures will be engineered for the soil conditions. ■ The geology and hazard maps from the GIS Department are included with this submittal. The "Slope Hazard Study Areas 1, 2, & 3" indicates that the subject property has a "Major Slope Hazard" zone in the southeast portion of the subject lease parcel. There is also a finger of "Moderate Slope Hazard" which runs east/west through the subject lease parcel. The solar facility will be supported by piles driven 3 Clean Energy COLLECTIVE;, into the ground, which can be adjusted in depth to accommodate any slope conditions. No grading will be required to install the solar arrays. ■ Since the first submittal, I contacted Colorado Parks and Wildlife for site specific information regarding wildlife. Perry Will, the Area Wildlife Manager, reviewed the proposed project and concluded that, "given the relatively small scale of the project and its proximity to existing disturbance and Highway 82, the project should ultimately have minimal impacts on local wildlife". Mr. Will did express concerns regarding the perimeter fencing and the potential for elk and deer to become entangled in the barbed-wire strands. As a result, we have modified the fence design to be more wildlife (please see the enclosed fence photo). The new fence will be 6 feet tall and will consist of wooden post and 6 inch wire -mesh grid. ■ I contacted Steve Anthony, Garfield County Vegetation Manager and obtained recommended seed mixes for re -vegetation of the site for any grasses damaged during the construction phase (please see the enclosed recommended seed mixtures). ■ The hours of construction will be from 7:30 AM to 6:00 PM. The construction period will take between 6 to 8 weeks. Please see the enclosed Traffic Impact Report prepared by Enertia Consulting Group, LLC. ■ I spoke Mike Prehm, Garfield County Road & Bridge Foreman, regarding the access to the site and whether or not the access had a permit. According to Mr. Prehm, the existing drive was exempt from having a driveway permit because it is existing and it meets Garfield County Road & Bridge standards. With the limited traffic associated with the proposed solar facility, Mr. Prehm was comfortable with the long-term traffic impact on County Road 100. Please see the enclosed e-mail and a letter from Mr. Prehm, both dated June 19th ■ Enertia Consulting Group, LLC has prepared a traffic report which describes the associated traffic during construction and after the construction is completed. Please see the enclosed "Traffic Impact Letter Report". ■ During construction, water will be provided by the individual crew members. Water will also be supplied by the general contractor. ■ During the construction phase, a port -a -let will be on-site for sanitary facilities. After construction, the facility is unmanned and no sanitary facilities are necessary. ■ The correct zoning is duly noted as "Rural". 4 Clean Energy COLLECTIVE. • Section 7-105 has been modified to address the water availability for the construction crew. • Sections 7-108 and 7-207 now reference the Garfield County Hazard Maps. • Section 7-204 now references the grass seed mix recommended by Steve Anthony, Garfield County Vegetation Manager (please see the enclosed seed mixes provided by Mr. Anthony). ■ Section 7-206 now addresses the "very high" wildland fire susceptibility ranking found on Map 7. • It is understood that at this time, only waivers for Sections 4-203 (J) Development Agreement and 4-203 (k) Improvements Agreement are appropriate. • Section 7-208 has now been modified to indicate coordination with Steve Anthony, Garfield County Vegetation Manager, to ensure re -vegetation occurs after the construction phase. Responses to Comments from the County Attorney: • Provide a deed — A deed has now been provided (please see the Deed of Trust recorded at Reception No. 815739). • SOA for GCASA II, LLC needs to be recorded — The Statement of Authorization has been recorded and is provided with this submittal. • Access road crosses other properties other than 2391-303-00-037 (properties ending in -035 and -036) — The properties ending in 035 and 036 are also owned by Richard Nelson James and Mary F. James (please see parcel research from the Garfield County Assessor's Office). ■ Mineral Interest —The mineral interests have remained with the property and are currently held by Richard Nelson James and Mary F. James, whose address is P.O. Box 102, Alma, CO 80402. CEC did extensive research in the Clerk & Recorder's Office. The mineral records found on the property are as follows: A Mineral Certification dated March, 1889 (Reception No. 74900); Sale of Public Lands dated June, 1895 (Reception No. 18504); Mineral Certificate dated March, 1899 (Reception No. 112609); Sale of Public Lands dated April, 1904 (Reception No. 29353). Please see copies of all the referenced documents included with this submittal. 5 Clean Energy COLLECTIVE, ■ Complete copy of the Title Commitment — Please see a complete copy of the title commitment prepared by Title Company of the Rockies, included with this submittal. Hopefully, we have now provided the necessary documentation for a technically complete submittal. Please let me know if you require any additional items or if we need to provide more information regarding the proposed solar facility. Best regards, Richard L. Miller, AICP Land Manager Clean Energy Collective enclosures 6 June 5, 2014 COLORADO Parks and Wildlife rIcparCrnent of Nakfee;l ftrsourcrs Glenwood Springs Area Office 0088 Wildlife Way Glenwood Springs, CO 81601 Chad Roach Project Manager Clean Energy Collective 3005 Center Green Drive Boulder, CO 80301 RE: Carbondale Landfill Community Solar Garden Project Dear Mr. Roach, Colorado Parks and Wildlife has reviewed the materials provided for the proposed 1.7 megawatt solar garden project in Garfield County near the Carbondale Landfill. Using CPW's Species Activity Maps (SAM) and local knowledge of the area, the following comments summarize the anticipated wildlife impacts resulting from this project, and also provide recommended best management practices (BMPs) to be incorporated into the project design in order to avoid, minimize, and mitigate possible impacts to wildlife species and their habitats. The proposed project is located within mapped Mute Deer Severe Winter Range, Winter Concentration Area, and Black Bear Fall Concentration Area. The project is also directly adjacent to Elk Severe Winter Range, less than one mile from an Elk Winter Concentration Area, and approximately 3A miles from a Batd Eagle Nest Site (see attached habitat maps). Given the relatively small scale of the project (11.5 acres) and its proximity to existing disturbance and Highway 82, the project should ultimately have minimal impacts on local wildlife. However, CPW does have concerns with the perimeter fencing that is proposed for the boundary of the solar garden. Six foot high chain Link fencing with strands of barbed-wire at the top will create a dangerous obstacle for mule deer and elk who attempt to jump the fence. Entanglement in the top strands of barbed-wire can be lethal to animals attempting to access the relatively untouched vegetation within the fenced area. CPW recommends using an eight foot high fence and marking the top strands of barbed wire with flagging or other highly visible material to discourage deer and elk from jumping the fence. Additionally, CPW recommends that raptor perch deterrents be installed on the poles and/or cross arms of any new overhead power lines. Preventing raptors from perching on new power lines will mitigate the risk of mortality from electrocution. Bob D. Broscheid, Director, Colorado Parks and Wildlife • Parks and Wildlife Commission: Robert W. Bray • Chris Castilian, Secretary Jeanne Home • Bill Kane, Chair • Gaspar Pemcone • James Pribyi • John Singletary. Mark Smith, Vice•Chair • James Vigil Dean Wingfield • Michelle Zimmerman With the inclusion of the following BMPs into the project design, any other anticipated impacts to wildlife from the construction and maintenance of the solar garden should be minimized. Recommended BMPs 1. Complete the bulk of construction activities outside the time period of 'December 1 to April 15 to reduce disturbances to wintering animals. 2. Limit post construction site visits to the hours between 10:00 a.m. and 3:00 p.m. between the months of December and April. 3. Ban workers and contractors from bringing dogs on site during the construction period. CPW has had problems with worker's pets harassing wildlife in the past. 4. During the construction phase, all garbage must be kept in a bear -proof container and disposed of on a regular basis. The site should be kept clean of all garbage and waste to eliminate attractants for wildlife. 5. Conduct surveys and treat invasive weed species both prior to construction and after construction has been completed. Eliminating any weeds before disturbing top soil will help reduce the spread of invasive species. Also, an effective weed monitoring and treatment plan should be implemented after completion of the project. 6. If reseeding of any disturbed areas is required after construction, use a mix of native grasses, forbs, and shrubs to optimize the ecological site and reduce the spread of non-native species. 7. If the expected disturbance may impact threatened or endangered plant species, conduct the proper surveys prior to commencing construction. Colorado Parks and Wildlife appreciates the opportunity to comment on this project. If there are any questions or need for additional information, don't hesitate to contact Land Use Specialist, Taylor Elm at (970) 947-2971 or District Wildlife Manager, Matt Yamashita at (970) 947-2931. Sincerely, Perry Willrea Wildlife Manager Cc. Richard Miller, Clean Energy Collective, Land Manager Michelle Zimmerman, Clean Energy Collective, Land Manager Matt Yamashita, District Wildlife Manager Taylor Elm, Land Use Specialist File 2 * Note: Entire mapped area is within Mule Deer Severe Winter Range, Mule Deer Winter Concentration Area, and Black Bear Fall Concentration Area. Pa j Carbondale Solar Garden Wildlife Habitat Layers x"Solar Garden Boundary __i Garfield Cnty Parcels 3 Elk Highway Crossings es Elk Severe Winter Range (3 Elk Winter Range Miles Mapped by: Taylor Elm, Land Use Specialist 0.05 0.1 Date: June 3, 2014 Carbondale Solar Garden Raptor Data Solar Garden Boundary Garfield Cnty Parcels BLM Lands C3 Bald Eagle Active Nest Buffer CZ Bald Eagle Roost Sites Miles 0 Mapped by: Taylor Elm, Land Use Specialist 0.5 1 Date: June 3, 2014 Clean Energy COLLECTIVE.: Proposed Clean Energy Collective Community Solar Facility Major Impact Review Compliance with Article 7: Standards (Garfield County Land Use and Development Code) Section 7-101. Zone District Use Regulations The subject property is zoned "Rural". All requirements of Article 3, Zoning, will be met with this proposal, through the Major Impact Review - Land Use Change Permit process. Section 7-102. Comprehensive Plan and intergovernmental Agreements The Garfield County Comprehensive Plan 2030 addresses renewable energy in Chapter 3, Section 10. The first goal states that Garfield County should "Promote and encourage the development of renewable energy resources within the county", The Plan further states that the county should "Ensure that renewable energy activities mitigate their effects on the natural environment, including air quality, water quality, wildlife habitat, and visual quality". There will be no negative impacts on air quality because there are no fumes or odors associated with the proposed solar facility. Straw waddles and silt fencing will be used during the construction phase to help insure that water quality will be protected. There will be a slight impediment to larger wildlife migrating through the area due to the fence enclosure that is required for power generation facilities. Due to the location on the subject property and the topography of the site, there should be minimal visual impact to surrounding properties. The proposed lease area is approximately 11.5 acres in size and the James family owns several hundred acres of surrounding property. Section 7-103. Compatibility The nature, scale, and intensity of the proposed solar facility will be compatible with adjacent land uses. The surrounding land uses are agricultural and residential in nature. Solar facilities have no fumes, noise (other than a slight hum from the inverter), or environmentally hazardous materials. The facility is unmanned and will have very little vehicular traffic, other than routine maintenance, which is performed 1-2 times per year. Section 7-104. Source of Water Since the proposed facility is to be unmanned, there will be no need for a water supply. During construction, a water truck will be on site to help control dust. Water for construction crews will be provided by the general contractor or by the individual crew members. Section 7-105. Central Water Distribution and Wastewater Systems The proposed use does not require a water supply or a wastewater system. While the go ahead power up. Clean Energy COLLECTIVE 3005 Center Green Drive, Suite 205, Boulder, CO 80301 /1 phone 720-644-5732 // fax 970.692.2592 // easycleanenergy.com Clean Energy COLLECTIVE supported by piles driven into the ground, which can be adjusted in depth to accommodate any slope conditions. Minimal grading will be required to install the solar arrays. The area proposed for the solar facility is not a known natural or geologic hazard area. There is a former landfill on land adjacent to the proposed solar facility; however, none of the land from the former landfill will be included within the solar facility lease area. Section 7-208. Reclamation CEC will re -vegetate any areas that sustain damage during construction. A seed mixture recommended by Steve Anthony, Garfield County Vegetation Manager will be applied to any areas where grass damage occurs. CEC will coordinate a site visit with Mr. Anthony as the construction phase is nearing completion to assess areas for re -vegetation. Section 7-301. Compatible Design The surrounding properties are primarily agricultural and larger -acreage residential. The proposed location is surrounded by land owned by the James family. The solar power generation facility is buffered from surrounding properties by open land. Section 7-302. Off -Street Parking and Loading Standards There will be adequate on-site parking for construction activity, within the lease area. There are also adequate parking areas within the proposed solar facility for the routine maintenance technician, who will normally visit the site 1 to 2 times per year. This technician will drive a standard sized pick-up truck. Section 7-303. Landscaping Standards Where possible, CEC will work with the existing vegetation on the site, and if additional landscaping materials are needed, the native vegetation found on site will be mimicked to better ensure successful plantings. Section 7-304. Lighting Standards There will be no exterior lighting of the proposed solar facility, other than a small lamp on each of the inverter cabinets. No lighting from the proposed facility will be emitted beyond the lease area. Section 7-305. Snow Storage Standards The will be adequate area for snow removal and storage within the lease area. Section 7-306. Trail and Walkway Standards It is doubtful that Garfield County will want a trail or walkway connection, since this site is remote and not connected to the trail and sidewalk network. Should a trail or walkway be required, a discussion will be held between the property owner, CEC, and staff from Garfield County. tel go ahead. power up. �r " Clean Energy COLLECTIVE.. 3005 Center Green Drive, Suite 205, Boulder, CO 80301 // phone 720-644-5732 // fax 970.692.2592 /1 easycleanenergy.com Noxious Weed Management and Revegetation Plan Sunny Side Ranch Community Solar Garden Garfield County, Colorado June 2014 Prepared for: Clean Energy Collective 401 Tree Farm Drive Carbondale, CO 81623 em ecological, LLC natural resource consulting p.o. box 1990 aarbondale, co 81623 970.948.4857 Sunny Side Ranch Community Solar Weed and Revegetation Plan June 2014 Table of Contents 1. INTRODUCTION 1 1.1. Summary 1 1.2. Project Description 1 1.3. General Survey Information 1 2. CURRENT LANDSCAPE CONDITIONS 2 2.1. Vegetation Communities 2 2.1.1. Table 1. Common plant species observed - Sunny Side Ranch Solar Farm project area 3 2.1.2. Sagebrush Shrublands 3 2.2. Soils 4 2.2.1. Table 2. Soils Relevant to the Sunny Side Ranch Solar Farm Project Area. 4 2.3. Terrain 5 3. NOXIOUS WEEDS 5 3.1. Introduction to Noxious Weeds 5 3.2. Observations in the Project Area 6 3.2.1. Table 3. Noxious Weeds Observed In or Near the Project Area 7 3.3. Integrated Weed Management 7 3.4. Weed Prevention and Assessment 8 3.5. Treatment and Control of Noxious Weeds 8 3.5.1. Annual, Biennial or Perennial 10 3.5.2. Table 4. Treatment Strategies for Annual and Biennial Noxious Weeds 10 3.5.3. Table 5. Treatment Strategies for Perennial Noxious Weeds 10 3.6. Best Management Practices for Noxious Weeds -Focus on Cheatgrass (Bromus tectorum) 11 4. REVEGETATION 14 4.1. Seeding 14 4.1.1. Table 6. Suggested Seeding and Estimated Costs for a Mid -elevation Sagebrush Shrubland Infested with Cheatgrass 15 42. Planning 15 4.3. Seed Ordering 15 4.4. Seeding Techniques 16 4.4.1. Drill Seeding 16 4.4.2. Broadcast Seeding 16 4.4.3. Timing of Seeding 16 e.m. ecological, LLC Sunny Side Ranch Community Solar Weed and Revegetation Plan June 2014 1. Introduction 1.1. Summary The Carbondale office of the Boulder, Colorado based Clean Energy Collective (CEC) requested that E.M. Ecological, LLC(EME) develop a Noxious Weed Management and Revegetation Plan for the proposed Sunny Side Ranch Community Solar Garden (Cover Photo). The project is planned for a leased twelve (11.541) acre parcel on land owned by Rick and Mary James off County Road 100 directly adjacent to the reclaimed, former landfill site for the Town of Carbondale in Garfield County, Colorado. The project area is located in a degraded, native big sagebrush meadow on a gently sloped bench rising just above the Roaring Fork River valley floor. Garfield County has weed and reclamation requirements for certain land use permits, including some special use permits and pipeline development plans. Additionally the State of Colorado requires that "noxious weeds" be managed on private and public lands pursuant to the Colorado Noxious Weed Act (C.R.S Title 35, Article 5.5) which gives the directive for the creation of the Garfield County Weed list. The CEC is submitting this weed management and revegetation plan to comply with Garfield County and state of Colorado requirements for its proposed solar panel installation project in Garfield County, Colorado. The parcel is accessed from Garfield County Road 100 approximately one road mile from its intersection with Colorado State HWY 82. 1.2. Project Description E.M. Ecological, LLC was contracted to develop a Noxious Weed Management and Revegetation Plan for the proposed CEC Community solar energy conversion system's 12 acre site. This proposed solar project area is located in the far southeast corner of Garfield County in Section 30, Township 7 South, and Range 87 West approximately 3 air miles east/northeast from the Town of Carbondale, Colorado. Plans call for mowing the big sagebrush plant community on the 12 acre project site (C. Roach, CEC, personal communication 2014). Besides the mowing, other expected landscape disturbance activities will occur with the installation of approximately 9-10,000 solar panels arranged in arrays placed on steel I-beam foundations, digging below ground transmission lines and the installation of a 6 foot perimeter fence. Individual support piles for the racking system are driven directly into the ground typically rendering site grading unnecessary. Permanent landscape conversions, not applicable to this weed and revegetation report, include construction of concrete pads for inverters and transformers and a permanent 1,100 foot by 20 foot gravel -surfaced access driveway. Soil cutting, filling or stockpiling is not expected during construction activities. This document reports the results and analyses of the findings related to soils and vegetation pertinent to the proposed installation of the Sunny Side Ranch Community -Owned Solar Array. A seed mix designed specifically for the project site with an estimate of the costs of individual species is provided. 1.3. General Survey Information Field inspections are conducted by a trained plant ecologist in mid-May and again in early June of 2014. The surveys are done in and around the proposed project site in order to identify vegetation communities and to search for and, if necessary, then identify and map state of Colorado listed noxious weeds, particularly those on the Garfield County list. e.m. ecological, LLC 1 Sunny Side Ranch Community Solar Weed and Revegetation Plan June 2014 The vegetation community assessment is done through field identification of plants and on -the -ground assessment of plant abundance during the field visits. Various field guides and keys are used if aid is needed in the identification of plant species (Weber and Whitman 2012, Whitson et al. 2006, Wingate 1994, etc.). Numerous photographs were taken of the general project area for the proposed solar array including, weeds, vegetation, soils, terrain and any other important biological fundings. A handheld, sub meter -accuracy, Trimble global positioning system or GPS (Geoexplorer 6000 Series) is used to record weed locations and other features as necessary and used in the final report as needed. Soil data is accessed through the Natural Resource Conservation Service (NRCS), an arm of the U.S. Department of Agriculture (USDA). The URL for the Web Soil Survey created by the NRCS is http://websoilsurvey.nres.gov where individualized soil reports can be generated to understand mapped site soil types and even associated NRCS proposed vegetation community characteristics. 2. Current Landscape Conditions 2.1. Vegetation Communities The current state of the vegetation on the Sunny Side Ranch property reflects recent and historical impacts. The most recent primary land use within the boundaries of the twelve -acre sagebrush -dominated site has been for grazing horses. The reclaimed old Carbondale landfill area abuts the proposed solar farm site and lies just to the west and consists mainly of seeded Eurasian pasture grasses. Two noxious weeds from the Garfield County Noxious Weed List (Appendix 1) are found just beyond the boundary of the solar farm site and on this reclaimed landfill area. These weeds (Plant Community/Weed Map) are hoary cress or whitetop (Cardaria draba) and Scotch thistle (Onopordum acanthium). Since plants don't know boundaries, these two species will remain a threat to the solar farm site, especially after soils have been disturbed following installation activities. The majority of the vegetative cover on the proposed community solar farm land is dominated by a heavily - grazed, native, big sagebrush plant community that is severely infested with the state -listed, annual, noxious weed cheatgrass or downy brome (Bromus tectorum). There are a few scattered individuals of pinyon pine and Utah juniper. In a recently published cheatgrass management document (Mealor et al, 2013), a plant community is considered to be dominated by cheatgrass if the cover is estimated to be 51-100% simply because of functional impacts to the system. The cover estimate for the solar project site is currently estimated at over 51% dominance by cheatgrass in the understory of the sagebrush community. At these high cover values for cheatgrass, plant communities are typically then deemed to no longer be functioning properly and considered to be anywhere from moderately to drastically impaired (Mealor et al, 2013). Approximately fifteen to twenty percent of the twelve acre site is dominated by another annual grass and listed noxious weed with the state of Colorado, bulbous bluegrass (Poa bulbosa). These bulbous bluegrass dominated sites also coincide with areas where the native sagebrush has been completely removed. Invasive annual grasses, especially cheatgrass, have proven to be some of the most challenging land management problems for landowners and land managers. The vegetation types outside of the boundary of the proposed solar farm consist mainly of pinyon -juniper forest communities interspersed with sagebrush steppe where deeper soils occur. Common plant species observed during the survey are shown in Table 1. e.m. ecological, LLC 2 Sunny Side Ranch Community Solar Weed and Revegetation Plan June 2074 2.1.1. Table 1. Common plant species observed - Sunny Side Ranch Solar Farm project area. Pt�Irat S ecles. Basin big sagebrush (Artemisia tridentata subsp. tridentata)" Utah juniper (Juniperus osteospermaj" Indian ricegrass (Oryzopsis hymenoides)" Cheatgrass (Bromus tectorum)** Bulbous bluegrass (Poa bulbosa)** False dandelion (Agoseris glauca var. laciniata Fringed sage (Artemisia frigida)" Potato cactus (Opuntia fragilis)" Bottlebrush Squirreltail (Elymus elymoides)" Yellow rabbitbrush (Chrysothamnus viscidiflorus subsp. lanceolatus)" Fleabane (Erigeron spp.)" Indian paintbrush (Castilleja chromosa, syn C. angustifolia var. dubia)" Yellow alyssum (Alyssum alyssoides)* N Native species Non-native, weedy species N ** State of Colorado listed noxious weed RP - unknown hybrid big sagebrush (Artemisia tridentata var. pauciflora hybrid ?)" Pinyon (Pinus edulis)". Needle -and -thread grass (Hesperostipa comata)" Scarlet globemailow(Sphaeralcea coccinea)". Blue mustard (Chorispora tenella)* Smooth brome (Bromus inermis)* Tumble mustard (Sisymbrium altissimum)* Prickly pear (Opuntia polyacantha)" Sixweeks fescue (Vulpia octiflora)" rubber rabbitbrush (Chrysothamnus nauseosus, syn Ericameria nauseosa)N Russian thistle (Salsola iberica)* Smallseed falseflax (Camelina macrocarpa)* Yellow sweet clover (Melilotis offlcinalis)* 2.1.2. Sagebrush Shrublands The twelve acre project site is dominated by a highly -degraded, native, sagebrush shrubland (see Cover photo). Big sagebrush (Artemisia tridentata spp.), the dominant shrub in local , native sagebrush shrublands, is an ecologically important, yet often greatly maligned and misunderstood plant community across its range in the western United States. Prior to Euro -American settlement, approximately 156 million acres (63 million ha) covered much of the West and Northwest U.S., but little of this area remains unaltered today (Shaw, Pellent and Monsen, 2005) with 50-60% of the original extent of sagebrush shrublands converted to nonnative grasslands alone (West, 2000). Over the last 100 years, degradation, conversion and fragmentation of sagebrush habitats has continued to occur (Knick and Schueck, 2014) as a result of extreme changes caused by livestock grazing, loss of lands to agriculture or seeding to introduced grasses, spread of exotic plant species, alterations of historic fire regimes, oil and gas development, subdivisions and multiple land disturbances associated with human development (roads, fences, infrastructure, etc.). As a result, sagebrush shrublands are now rated as one of the most imperiled ecosystems in North America (Noss and Peters, 1995). The outright loss and extensive degradation of the remaining sagebrush ecosystems is negatively impacting the more than 350 species of plants and animals dependent on sagebrush steppe ecosystems for part or all e.m. ecological, LLC 3 Sunny Side Ranch Community Solar Treed and Revegetation Plan June 2014 of their life cycles (Krick and Schueck, 2014). Animals and plants that are entirely dependent upon sagebrush dominant communities are called sagebrush -obligate species and include at least 7 birds and mammals. Two such obligate species, the greater sage -grouse [Centrocercus urophasianus]. or possibly the Gunnison sage-grouse(Centrocercus minimus) were historically found in the adjacent area known as Missouri Heights and northward to the Spring Valley and east to the Coulter ranch area (pers. comm. Kevin Wright, 2014),although documented records are scarce. It has only been several decades since sage -grouse have been extirpated from some of these areas (pers.comm. Petterson, 2013). Missouri Heights and Spring Valley are the local terms pertaining to the extensive landscape and high mesas extending from the northeast side of HWY 82 near the Colorado Mountain College Spring Valley area to the south and east and southeast all the way to the flanks of Basalt Mountain. These areas comprise the upper mesas, sagebrush shrublands, converted hay meadows, and hillsides of pinyon -juniper communities stretching to the north of the solar project site. The main issue for the 12 -acre sagebrush -covered solar project site is to manage the extensive understory of the noxious weed, cheatgrass (Bromus tectoiwm), in order to minimize the threat of fire and to then reseed after mowing and installation activities to help increase the functional ability of the plant community by introducing competition to cheatgrass. Both of these activities will create a more sustainable and ecologically stable landscape. A more stable plant community will require far fewer management inputs over the long term and therefore less expense and the control of cheatgrass will decrease the current ongoing threat of wildfire to the site. 2.2. Soils The primary soil types mapped in the project area are the loamy soils commonly found along alluvial fans, valley sides, valleys, and mesas throughout the lower Roaring Fork Valley and much of Garfield County. The soil type within the sagebrush shrubland community is a deep, well drained loam to sandy loam, (Almy Loam, see Table 2.2.1) described as well suited to mechanical•site preparation and moderately suited for mechanical planting and subsequent seedling success. Almy loam covers the majority of the site. A very small portion of the site is mapped as a somewhat poorly drained, mixed alluvium based soil type (Fluvaquents, Table 2.2.1) which may not be entirely accurate at the scale at which the area is mapped. The Fluvaquent soils are mapped in a small area at the very southwest corner of the project site. Soil data is accessed through the Natural Resource Conservation Service (NRCS) an arm of the U.S. Department of Agriculture (USDA). At the level of investigating a small property like the 12 acre project site at the Sunny Side Ranch, the soil tnaps are inherently somewhat inaccurate at those small scales, but still very informative overall. The following table has the summarized descriptions of the two soil types described for the site from data on the NRCS Web Soil Survey (NRCS 2014). 2.2.1. Table 2. Soils Relevant to the Sunny Side Ranch Solar Farm Project Area. Almy loam (6); 1 to 12% slopes 1• Alluvium derived from calcareous redbed sandstone or calcareous shale e.m. ecological, LLC Fans, uplands at elevations of 6-7,800' Deep, well drained, loam, fine sandy loam, sandy clay -loam; moderately alkaline. sagebrush, rabbitbrush, indian ricegrass, needle- and -thread grass, Sandberg bluegrass, bluebunch wheatgrass 4 Sunny Side Ranch Community Solar Fluvaquents (42); Mixed alluvium 0 to 10% slopes 2.3.Terrain Weed and Revegetation Plan June 2014 Flood plains, valley. floors at elevations of 3,500=7,200' Somewhat poorly. drained; variable On wet sites - profile with foamy cottonwood, willow, sands to silt or clay water tolerant grasses, loams; moderately sedges and rushes. alkaline The Sunny Side Ranch solar farm project area lies north of the Roaring Fork River and State Highway 82 up on an upland terrace or bench just above the river valley floor. The bench is gently sloped and at an elevation of approximately 6,400 feet. Pinyon -juniper (Pinus edulis- Juniperus seopulorum) forest communities lie to the north and east of the sagebrush covered project area. A dry wash lies to the east of the site and the reclaimed, retired Carbondale landfill area lies to the west. 3. Noxious Weeds 3.1. Introduction to Noxious Weeds Non-native, invasive weeds are plants of concern because they utilize and take resources our native plants and/or agricultural crops would otherwise be accessing. These aggressive, non -indigenous plants then crowd out our desirable crops and also native plant species that are the foundations of our native ecosystems. A "noxious" weed is further differentiated from other non-native, weedy species. In Colorado, a noxious weed is by legal definition a "specific plant species that has been designated for mandatory control by branches of local, state, or federal government, the species must be non-native to the state..." (State of Colorado website 2014). The Colorado state list of noxious weeds has gone through exhaustive review. In addition to the weed control goals of most property owners to preserve the natural and agricultural values of their property, the Colorado Noxious Weed Act and the Garfield County Weed Management Plan further compel landowners by law to manage State and County listed noxious weeds. Because of the aggressiveness of these plants and their economic impacts, a great deal of time and energy has gone into understanding these invasive plants in the scientific and agricultural communities and a wealth of information is now readily available. The Spread of Noxious Weeds Most of our noxious weeds have come from Europe or Asia and often by accident or as ornamentals purposely brought over that have then escaped. Once established at a new site, they tend to spread very quickly because the typical insects, animals, and diseases that would normally suppress or control them are absent in their new environments. As with the seeds of native plants, noxious weeds are spread by many vectors, mainly human activities, animals, water, and wind. Disturbed areas are prime locations for the establishment of noxious weeds and include construction sites, roadsides, trails, areas overused by animals or humans and areas with more soil moisture such as wetlands and riparian areas. Soil disturbances during construction or vegetation removal or manipulation can create optimal conditions for the influx of invasive, non-native species. Construction equipment and vehicles traveling from weed -infested areas to weed free areas can disperse noxious weed seeds resulting in the establishment of these invasive plants into previously weed -free areas. e.m. ecological, LLC 5 Sunny Side Ranch Community Solar Weed and Revegetation Plan June 2014 The Garfield County and Colorado State Noxious Weed Lists All four weeds on the Sunny Side Solar Farm project site are on the Colorado State Noxious Weed List (Appendix 1), but none are on the Garfield County list (also Appendix 1). Local governing bodies in Colorado are required by the Colorado Noxious Weed Act (State of Colorado 2005) to develop noxious weed management plans. All species for a county must be on the state list which includes 76 species and another 20 species on a Watch List. Landowners are responsible for all state listed noxious weeds on their properties. When weeds are on both state and county lists, this is an alert that the state listed weeds are of very particular local concern and expected goals for management may be more aggressive with local funds possibly even available for control activities, depending on the weed. The State of Colorado noxious weed list utilizes three categories. Eradication is the goal for all List A species (22 species). The goal for List B species is less aggressive and calls for a halt to their spread (39 species). List C species (15 species) are typically widespread already, yet still of concern, and possibly local concern, whereby the State may actually assist local jurisdictions who choose to list and manage those weeds. Garfield County has offered financial assistance for the control of cheatgrass in the past even though it is not on the Garfield County Weed List. 3.2. Observations in the Project Area The annual grass, cheatgrass or downy biome (Bromus tectorum, syn. Anisantha tectorum), a state of Colorado List C species, is the most widespread noxious weed on the Sunny Side Ranch solar farm parcel. While none of the Garfield County listed noxious weeds were found, three other Colorado List C species were also observed on the property. Bulbous bluegrass (Poa bulbosa), another annual weedy grass had the next highest cover values (See Plant Community/Weed Map) colonizing areas completely denuded of sagebrush. Some redstem filaree (Erodium cicutarium) was observed in late spring in a few areas. Only a few individuals were seen of common mullein. (Verbascum thapsis), the fourth state listed noxious weed observed. Focus will be placed on the cheatgrass component as the threat of wildfire and the potential subsequent continued expansion of this annual grass after installation and construction activities occur are of utmost concern at the twelve acre site. Cheatgrass is the weed of primary concern. Many of the same control techniques for cheatgrass can also be applied to bulbous bluegrass. The old Carbondale landfall site to the west has a solid infestation of whitetop or hoary cress (Cardaria drabs) and a sizable infestation of scotch thistle (Onopordum acanthium) just to the north of the whitetop q l-. }LL S J;`!l Y i 4'TutTj'1Y e tgrass; mohodgItUre on •1ru17 cqn mun ty, L Tasha( e.m. ecological, LLC 6 Sunny Side Ranch Community Solar Weed and R.evegetation Plan June 2014 infested area near a shed just off the driveway entrance northwest of the solar farm. These weeds were not seen on the project site, but will be a continued threat to the solar farm area just because of their close proximity. These two species are on the Garfield County Weed list. 3.2.1. Table 3. Noxious Weeds Observed In or Near the Project Area Growth Form/ Weed Species Reproductive Mechanism Cheatgrass/ Annual/ Exclusively by Downy bromec seed Bulbous bluegrass` Redstem filareec Common mulleinc Whitetop/ Hoary cressB'G Annual/ Exclusively by seed Annual or biennial/ Exclusively by seed Biennial or monocarpic perennial/ Exclusively by seed Perennial/ Vegetatively from roots and by seed Scotch thistieB'G Biennial/ Exclusively by seed Comment (on project site) Very adaptable to many environments due to high genetic plasticity; promoted by fire; highly competitive and early emerger; fire -prone (on project site) Tolerates a wide range of conditions, esp. soils moist in winter and early spring and highly disturbed; grows new roots each season so described as "an annual with perennial tendencies"; produces little biomass for grazing (on project site) Grows in a wide variety of climatic and soil conditions; tolerates mowing and grazing by adopting a more prostrate growth form; does not grow well in shade; does not compete well with a taller, well-established plant population (on project site) Plants can produce up to 180,000 seeds that can last up to 100 years; easily controlled by pulling or digging the tap root (adjacent to project site) Rhizomatous roots, in addition to reproduction by seed, make this plant highly competitive and capable of establishing monocultures. Rooting depths are 29-30 inches and up to 30 feet (Pacific Northwest) (adjacent to project site) Prefers disturbed sites with high soil moisture, but not limited by drier sites; a large, formidable plant that commonly invades overgrazed lands, rangelands, pastures, roadsides and construction sites; grows well in nutrient poor soils; mechanical and physical control is very effective Superscript- Garfield County Weed List' and/or Colorado State List B or C Bold- weeds occurring on the project area 3.3. Integrated Weed Management Successful long-term control of noxious weeds typically requires a range of different control methods and strategies to be implemented in combination or sequentially. Monitoring treatment results and continual surveying are also a part of this management strategy. This is known as an Integrated Weed Management (IWM) approach or more broadly referred to as an Integrated Pest Management approach. This philosophy is well accepted in the land management community. More often the goal is to prevent weed spread and establishment in addition to addressing current infestations rather than achieving full eradication_ Successful and effective management can decrease infestation sizes and weed densities, and after years of successful e.m. ecological, LLC 7 Sunny Side .Ranch Carnmunidy Solar Weed and Kevegetation Plan June 2014 management practices, eradication is sometimes possible. The idea is that IWM is best achieved using a variety of methods typically over a long time period. IWM practices include: • limiting weed seeds and their dispersal, • minimizing soil disturbances and timely reseeding after events that are unavoidable, • suppressing, containing, or eradicating existing infestations, • detecting any weed introductions early and eliminating them when they are small, • actively managing desirable vegetation in an agricultural setting, • excluding disturbance that is not a natural part of native plant communities, • preventing damage and maintaining and/or improving native plant communities, • using appropriate biological controls when suitable, • understanding appropriate grazing practices if and where applicable. 3.4. Weed Prevention and Assessment Managing weeds can be costly and dense, widespread infestations may exceed economic thresholds for practical treatment measures. The reality is that there are no silver bullets to weed control and "occasional" weed management rarely provides long-term success. The key to success is found in developing an integrated weed management (IWM) program and including weed prevention strategies. IWM includes many facets of good land management. Good weed prevention measures with IWM in mind (IMI Technical Bulletin 2000) should be adopted for any activity to reduce the costs of noxious weed control and include: • thoroughly cleaning the undercarriage of all vehicles of weed -seed contaminated soil and vegetation coming into or out of the vegetation management areas, • inventory to know what weeds are present and where they are located, • early detection and rapid response to new infestations, • containment of existing weed problems, • minimizing soil disturbances caused by machinery, vehicles, livestock or water. • revegetating if necessary, • insisting on certified weed -free seeds and forage brought onto the property, • communicating infestations and activities with neighbors, • preventing vehicles from moving freely between infested and non -infested areas • grazing animals only before weeds flower and seed, otherwise keeping animals 7-14 days in a holding area before moving them to non -infested areas, For success, these components require assessment, flexibility, and potential adjustment over time (Dewey et al. 2007). This report provides an initial assessment of extent of noxious weeds for the Sunny Side Ranch Solar Farm project area. For continued effective management of noxious weeds, further inventory and ongoing analysis is necessary to 1) evaluate the effectiveness of current treatment strategies, 2) adjust if necessary the original treatment plans, and 3) discover early infestations of new species when occurrences are small and more economical to treat. 3.5. Treatment and Control of Noxious Weeds Project Site e.m. ecological, LLC 8 Sunny Side Ranch Community Solar Weed and Reveietation Plan June 2014 The Sunnyside Ranch Solar Farm site is currently heavily infested with cheatgrass and in some areas, bulbous bluegrass which will create challenges now and in the future (see Plant Community/Weed Map). Further, the current plan for mowing the sagebrush at the site to allow for greater ease in installation of the solar arrays will cause greater site disturbance, greatly decrease the cover of sagebrush, and therefore exacerbate the existing noxious weed problems (Prevey, Germino, Huntly, and Inouye 2010). Careful strategizing regarding mowing heights and plans for seeding native, perennial species after all mowing and installation activities have ceased will be important tools to employ in order to address current and future cheatgrass infestations. (See "Maintain Sagebrush to Help Control Cheatgrass (Bromus teclomm) below") Mowing Sagebrush The installation of the solar farm necessitates mowing the sagebrush community. When it is deemed necessary to mow sagebrush, mowing recommendations from the Uncompahgre Partnership, a collaborative restoration entity in western Colorado, are helpful. These call for use of a brush hog, a large rotary mower pulled behind a 80-100 hp tractor equipped with a P.T.O. and for mowing sagebrush at heights no less than 10 inches in order to retain at least some shrubs. Most importantly, the degree of sagebrush mortality and re -growth can be controlled by the height above ground level the plants are cut. Leaving greater than a 10 inch height will still result in a 40-60 percent kill of existing sagebrush. But cutting sagebrush to less than 4 inches results in an 85-100% mortality rate (Uncompahgre Partnership 2014). Sagebrush reproduce by seed and remaining sagebrush shrubs will be the sole source of seeds for any new seedling shrub recruitment at the site. Although basin big sagebrush (Artemisia tridentata ssp tridentata) grows on the site, the majority of the big sagebrush in the area may be a local hybrid big sagebrush species and therefore impossible to obtain through seed companies. Maintaining Sagebrush to Help Control Cheatgrass (Bromus tectorum) The goal for retaining as _many sagebrush shrubs as possible comes from recent research that has shown the loss of foundation species also known as dominant species like sagebrush in sagebrush shrubland community increases the abundance of exotic plants such as cheatgrass (Prevey, Germino, Huntly, and Inouye 2010). The loss of foundation species has been show to alter the stability of ecosystems. Studies following the removal of sagebrush have shown cheatgrass to become 3--4 times more abundant with an additional loss of native forb or wildflower species. Cold desert plant communities with sagebrush, a similar plant community to the solar farm site, have been shown to be more resistant to invasion by cheatgrass then sites where sagebrush was removed. One explanation is that sagebrush is thought to provide below ground competition negatively impacting nearby cheatgrass plants and other exotic invaders. The full mechanisms involved are not yet fully understood. These studies suggest that sagebrush plays an important role in resisting invasions by noxious weeds and maintaining native plant communities and species diversity (Prevey, Germino, Huntly, and Inouye 2010). With cheatgrass already a problem at the project site, the subsequent sagebrush mowing will only exacerbate the weedy annual grass invasion. Aggressive cheatgrass control strategies, in addition to seeding, will need to be employed following all planned landscape and soil disturbance activities. Cheatgrass has been reported to suppress any establishment of sagebrush from seed rain where it grows in association with sagebrush as on the solar project site (Monaco et al. 2010). e.m. ecological, LLC 9 Suy Side Ranch Community Solar EY/eed and Reve etation Plan June 2014 3.5.1. Annual, Biennial or Perennial When selecting any strategies to effectively control or even eliminate a noxious weed, the most important piece of information to know is whether your target weed is an annual, biennial, or perennial in order to select successful treatments. The weeds on the Sunny Side Ranch solar farm are listed by growth form in Table 3 for reference. Treatment strategies are based on plant type and summarized in the following Tables 4 and 5. Herbicides are often not the first treatment of choice and other methods can often be effectively employed. Many weeds have developed resistance to certain herbicides, particularly annuals and biennials. The majority of most misuse is due to excessive application either in concentration or frequency. This excessive application results in mostly top kill before the herbicide can be transported to the roots and leads to resistant phenotypes. 3.5.2. Table 4. Treatment Strategies for Annual and Biennial Noxious Weeds Target: Prevent Seed Production 1) Hand pulling, hoeing, tillage or cultivation, when plant is in the rosette stage and before flowering and seed maturity 2) Chop roots below the soil level with use of a sharp shovel or tool of choice 3) Herbicide application in rosette or bolting stage, before flowering 4) Mow biennials just after bolting stage and before seed set; mowed annuals may still flower and set seed, but may reduce total seed numbers. (Sirota 2004) 3.5.3. Table 5. Treatment Strategies for Perennial Noxious Weeds Target: Deplete Nutrient Reserves in Root System, Prevent Seed Production 1) Treat only after allowing plants to grow to bud/bloom stage; do not treat when first emerging in spring, but instead allow plants to expend as much energy from root system as possible 2) Herbicide treatment at bud to bloom stage or in the fall (and when natural precipitation is present). By autumn, plants draw nutrients into roots for winter storage. Due to this translocation of nutrients to roots, herbicides will be drawn down to the roots more efficiently during the fall. If a weed occurrence has been present for a long time period, another season of seed production is not as critical as getting herbicide into the root system. Spraying in the fall (after about mid-August) will kill the following year's shoots as they are being formed on the roots at this time. 3) Mowing is not recommended as plants tend to flower anyway; however, seed production may be reduced. Multiple studies have shown mowing perennials and spraying re -growth is not as effective as spraying without mowing. As always, know what weed you're working with and its basic biology as the effects of mowing are very species dependent. Timing of mowing must be biologically appropriate, which is often not convenient. e.m. ecological, LLC 10 Sunny Side Ranch Community Solar Weed and ReveQetation .Plan June 2014 4) Tillage may or may not be effective as most perennial roots can sprout from root pieces only 1/21'4" long. Clean machinery thoroughly before leaving the treatment area. 5) Hand pulling is at worst a waste of time and is generally not recommended for perennial weeds unless you know the plants are seedlings and not established plants. Hand pulling can be effective on small patches similar to a gardening situation, but is very labor intensive and must be done repeatedly throughout a season and probably over years. (Sirota 2004) 3.6. Best Management Practices for Noxious Weeds -Focus on Cheatgrass (Bromus tectorum) Best Management Practices (BMP's) help landowners control weeds using a variety of options that consider characteristics of an individual site with the overlying goal of keeping negative side effects to a minimum. The goal of any weed control program is to maximize targeted and effective control and minimize economic, environmental and even social damages. Recommended BMP's usually include a suite of strategies that may include some or all of the following: prevention, chemical control, mechanical or manual control, grazing strategies, and revegetation and site specific seed lists. Because the Sunny Side Ranch Solar Farm twelve acre site is extensively colonized by cheatgrass rendering it the most pressing issue, the following information focuses on this Colorado State Weed List C annual grass species. Revegetation strategies are discussed in the next section. Overview of Cheatgrass or Downy Brome Cheatgrass is a noxious annual weed plaguing many land managers across the more arid ecosystems of the western U. S., Canada and northern Mexico. Here in the Roaring Fork Valley, cheatgrass has made large inroads in the last ten to fifteen years (pers. obs.). The western U.S. habitats with the most infamous infestations, the shrub -steppe communities, have ecological similarities to those on the Sunny Side Ranch site. Throughout the big sagebrush shrub community on the property it is more difficult to find a spot without cheatgrass than to see areas with cheatgrass. Recognizing Cheatgrass Cheatgrass is an annual or winter annual and a member of the Grass Family (Poaceae). The slender stems, hairy leaves and very long - awned spikelets on twisted branches help to distinguish Bromus tectorium (see Figure 2) from other similar annual (B. japonicus, B. secak'nus) and perennial (B. inermis) Bromus species. Also, cheatgrass matures 1 to 2 weeks earlier than other annual brornes and many other species in general (MSU Extension Weed e.m. ecological, LLC 11 Sunny Side Ranch Community Solar Weed and Revegetation Plan June 2014 Management 2001). In our area, the majority of cheatgrass seeds germinate in the early fall with the first good rains. Plants then resume growth the following spring and depending on conditions, can reach 2 inches to 1 '/z feet tall during their single -season life cycle. Plants are very green and soft in early spring, a condition quickly forgotten when plants become purple then brown, dry out and become a true nuisance when walking through. The flowers are grass -like in what is called a panicle arrangement with each spikelet consisting of 5 to 8 florets which later contain the seeds. These nodding panicles are very distinctive as are their moderately awned spikelets. The spikelets are the annoying feature of the plant when it is mature as they penetrate socks, pants, fur, even soft mouth tissue, and the seeds are therefore widely dispersed. Biology of Cheatgrass Cheatgrass or downy brome is a prolific seed producer. Even in extremely dry conditions, cheat grass will produce viable seeds even though it may only reach 1-2 inches in height. The plants are mostly self - pollinated and seeds can germinate very soon after they mature. Viable seeds exist even before the plant turns its characteristic purple color on the fruits. After the first fall rain in infested areas, cheatgrass seeds can germinate quickly and at very high rates, as high as 95%. The fall germinated seedlings grow little and over -winter in a semi -dormant state, completing their lifecycle the next spring. Roots reportedly can grow in almost freezing soil temperatures and continue to grow throughout the winter until soils drop to less than 37 degrees F. Plants head out in late April to early May and seeds mature in June (Mealor et al 2013) ready to start the cycle all over again in the fall. If conditions are dry, environmentally induced dormancy can occur in seeds, last several years and break down at erratic intervals allowing seeds to remain in the soil bank for extensive periods. One of the principal ways cheatgrass successfully competes with desirable, perennial grasses, especially seedlings, is through early, soil moisture depletion. Additionally, thick mulch in dense cheatgrass stands favors downy brome seedling establishment and inhibits germination of perennial bunchgrasses (CNAP 2000): Cover of lichens and mosses on the surface is also inhibited by thick mulch and results in less competition for resources for cheatgrass seedlings. The seeds of cheatgrass are so ubiquitous that the potential for invasion is almost unlimited. Populations of cheatgrass are genetically very similar but highly plastic which allows them to thrive in an extensive array of site conditions. It is found in salt desert shrub communities with 6 inches of average annual precipitation to high elevation conifer forests with greater than 25 inches precipitation per year. One of the most critical points of expansion is when populations of cheatgrass become so vast that they then influence the wildfire regime, such as rapidly accelerating the fire return intervals on large acreages. Management of Cheatgrass Mechanical Control: Mowing or cutting plants is not really recommended. Cheatgrass cut before seeds ripen will produce new stems and seeds at the height of the cut. Repeated mowings may be more successful and one study showed mowing every three weeks provided some control (Ponzetti 1997). This was very labor intensive. If plants are cut after the seeds ripen, they will die but by this time seeds are already viable and any accidental spreading of seeds is a possibility. Hand pulling would eliminate the seed production and could only be used in small infestations, but it would not eliminate the population. Seeds would still be left in the seedbank. The pulling program would have to t�s e.m. ecological, LLC 12 Sunny Side Ranch Community Solar Weed and Revegetation Plan June 2014 continue diligently for several years or until the seed bank was exhausted. Cate must be taken in being certain to get all of the roots so the plant cannot simply regrow and produce new seeds. Hand pulling would not be an option on the Sunny Side Ranch property. Some of the literature states that cheatgrass has been considered a valuable forage in the spring (Emmerich et al. 1993, Weld County Fact Sheet 2009). However, grazing is not a recommended method of control for cheatgrass (Carpenter and Murray 1998). If the plants are grazed in the spring, they will grow new stems and produce seeds. When grazed in the summer or fall the plants will not regenerate, but by then viable seeds have already been produced. Therefore seed production is not curtailed. Also, the long awns of the seeds on the mature plants may damage the mouths and intestinal tracts of the livestock and any other unsuspecting animals. The installation of a perimeter fence around the project site may also serve the beneficial purpose of allowing the sagebrush community to rest from the current horse grazing pressures it is now experiencing. This would give the native forbs and perennial grasses a chance to recover and reproduce seed and probably provide more competition to the existing cheatgrass population. Chemical Control: In our area, the best success with herbicides has been from fall applications (Steve Anthony, Garfield County Vegetation Manager, pers. comm. 2009). Spring applications are another method as many non -target species are still dormant, the best scenario for herbicide application. There are numerous types of herbicides described in the literature that can be used alone or combined to provide effective control of cheatgrass. For best results, contact the Garfield County Vegetation Manager for the latest results from current research and test plots. A backpack sprayer is good for small infestations and not the best tool for large acreage infestations. Of the myriad of herbicides available, only three are mentioned here. Plateau® (itnazapic) is recommended at a rate of 4 to 6 ounces per acre (CDA 2010), although other rates have been successful (Mealor et al 2013). The addition of a methylated seed oil surfactant (MSO) at 0.32 oz/gal of water is necessary. Optimal results locally with Plateau® have occurred from fall applications after a light freeze, but prior to a hard frost (S. Anthony, pets. comm. 2009). If applying during very early spring growth, applications are reported to be best while other desirable plants are hopefully still dormant (Mealor et al 2013). Panoramic 2SL® (imazapic) at a rate of 6-12 oz/acre is to be applied as a pre- or post -emergent in Iate summer or early fall. Again, the additional use of a MSO surfactant at 0.32 oz/gal of water or 1 qt/100 gallons of water is necessary. The 12 oz rate of either Plateau® or Panoramic 2SL® can cause injury to some cool season grasses, but both can safely be used under trees. Several other herbicides are labeled for cheatgrass control and all herbicides should be discussed with a professional applicator or County Weed Specialist. Biological Control: None known to date. USE HERBCIDES WISELY: Always read the entire herbicide label carefully, follow all mixing and application instructions and wear all recommended personal protective gear and clothing. Contact your county or state department of agriculture or herbicide professional for any herbicide use requirements, restrictions or recommendations. NOTICE: mention of herbicide products in this document does not constitute endorsement of any material. e.m. ecological, LLC 13 Sunny Side Ranch Community Solar Summary of control issues related to cheatgrass: Weed and Revegetation Plan June 2014 The good news is multiple studies from several parts of the West prove the temporary control of cheatgrass (up to 100 percent control for 2-3 years) can be achieved relatively consistently with the application of herbicides where cheatgrass is a dominant component of the plant community like at the Sunny Side Ranch project site. Unfortunately re-emergence or reinvasion of cheatgrass back into the system is also commonly documented. Re-emergence is now thought to be potentially due to unaddressed circumstances that are still within the control of land managers and not necessarily just due to seeds that have simply persisted in the soil seed bank. Reinvasion could also be caused by the lack of a competitive plant community or improper grazing practices and immigration of cheatgrass seeds from other sites (Mealor et al. 2013). Current invasion ecology theory suggests that a healthy, diverse plant community that fully uses available resources will be more resistant to invasion. This carries forward and supports the argument to then seed a site with competitive perennial grasses and forbs after the cheatgrass infestations have been diminished. 4. Revegetation Competitive Seeding Overview As with any weed management plan, success cannot be defined as simply removing the target weed from the system, although reaching that goal is certainly a successful first step. Failure to manage for the long-term persistence of desirable plant species may lead to further site degradation and even new, novel weed occurrences. Selection of revegetation species on the Sunny Side Ranch site in the following Table 6, took into consideration whether or not selected species were competitive with cheatgrass. For example, He,rperostipa comata or needle -and -thread grass was found on the property apparently competing very well with the cheatgrass population as few cheatgrass plants could be found in larger stands of this cool season, perennial grass. In fact all of the species on the seed list were chosen either because they are reportedly competitive with cheatgrass in the literature or were observed competing well on the property. Additionally, there will be some soil disturbances associated with the construction activities, although they are estimated to be under an acre.'However, the mowing of the sagebrush, depending on the mowing height and techniques utilized is expected to cause high mortality rates which will leave under-utilized niches within the sagebrush plant community that will be ripe for weed invasion unless desirable species are seeded. And successful revegetation of the project area is dependent upon soil type and texture, slope gradient, aspect, proper weed control, herbicide residual in topsoils, available precipitation, in addition to using suitable plant species. 4.1. Seeding Seeding properly in an area includes extensive planning, site specific seed mixes and rates, seeding techniques, quality assurance and seed ordering, proper seed storage, seeding at optimum times, remedial seeding, mulching and possibly seed collection. Listed in Table 6 is the recommended seed mix for the Sunny Side Ranch plant community. The seed numbers listed are for broadcast seeding as opposed to drill seeding. However, drill seeding with a rangeland drill (Truax Range Drill or equivalent) capable of accommodating several different seed sizes and planting at several different depths is the preferred method. If drill seeding is available, seed numbers can be reduced by e.m. ecological, LLC 14 Sunny Side Ranch Community Solar Weed and Revegetation Plan June 2014 25% as seed placement is more precise and germination is more reliable. The table is built with a rate of 120 seeds per square foot for grasses and forbs and the total price is for enough seed to cover one acre. 4.1.1. Table 6. Suggested Seeding and Estimated Costs for a Mid -elevation Sagebrush Shrubland Infested with Cheatgrass Common Name (% of Mix) Scientific Name(s) Form Variety est, price/ !b Rate PLS lbs/ acre* l=st.cost- 1 acre Fringed sage Artemisia frigida Shrub $18.00 0.1 $1.06 ,(5%) Scarlet globemallow (5%) Sphaeralcea coccinea Forb $125.00 0.5 $65.34 Bottlebrush squirrel tail (10%) Elymus elymoides, syn Sitanion hystrix Bunch (PLS) $27.00, 5.4 $147.02 Streambank wheatgrass (20%) Elymus Iandeolatus ssp. psammophllus, syn Agropyron riparium Sod - forming (PLS) $9.00 6.5 $58.66 Indian ricegrass (20%) Achnatherum jOryzopsis] hymenoides Bunch (PLS) Paloma or Rimrock $7.50 4.3 $32.24 Sandberg bluegrass (5%) Poa sandbergii,syn Poa secunda Bunch (PLS) Colorado Plateau $11.00 0.3 $3.21 Hilaria Jamesii (10%) Pleuraphis [Hilaria] jamesii Bunch/ Sod- forming (PLS) Viva caryopsis $31.00 1.1 $34.48 Needle and thread grass (20%) Hesperostipa [Stipa] comata Bunch (PLS) $45.00 8.4 $378.96 Total 26.7 $720.96 Costs are estimated from three sources, Pawnee Buttes Seed, Granite Seed and Great Basin Seed. 4.2. Planning Inherent in the seed industry is a lack of predictability as to what native species might be available at a given time in the native seed markets. The more lead time given to a seed company, the better probability of the seed being available. Native seed is relatively slow to germinate and very slow often to establish. A great deal of early growth is devoted to the underground plant mass and the roots, unlike many agricultural products with which we are more familiar that grow more quickly. Expect to wait 1 to 3 years before truly evaluating the level of seeding success or failure. 4.3. Seed Ordering The seed mix will be requested as PLS (Pure Live Seed) only, if available. Requests must be made for the seed lot to be tested to check the seeds viability and purity. Additionally, request that the seed vendor • provide crop and weed seed contaminants, location of origin (if available), viability and purity test dates and the date of packaging. The vendor will also be asked to group and mix species by seed size according to the seed size accommodations of the various seed boxes on the seed drill, if applicable. Unless broadcast seeding will be employed, mixing the entire mix together is not suitable when using a range drill and it is imperative to make this very clear when ordering from the seed vendor. e.m. ecological, LLC 15 Sunny Side Ranch Community Solar Weed and Revegetation Plan June 2014 4.4. Seeding Techniques Broadcast seeding and drill seeding are two options for seeding the Sunny Side Ranch site. These are described below, as well as the situations where each would be most appropriate. The seeding contractor chosen must be experienced with the type and scale of work required in order to assure the highest success rate possible. Require that the contractor has worked with native seeds before and the drill seeding equipment. Experienced personnel are all keys to a successful revegetation project. 4.4.1. Drill Seeding Drilling is not always practical or possible, but when it is, the results are far superior to broadcast seeding. A seed drill (Truax Range Drill or equal) can be used on slopes that are gender than 2:1 as on the solar farm site and drill tube spacing should be 6-7 inches apart. The area must be big enough for the drill to move between solar arrays and also successfully turn around and maneuver. If mowed sagebrush heights are too high for the drill to clear, then broadcast seeding will need to be done. Drill seeding also requires an experienced operator. Seed sizes must be carefully matched to boxes on the drill that are set appropriately not only for dispersal but for drilling depths. In general, smaller seeds are spread on top and barely drilled, while the larger a seed, typically the greater it's required planting depth. 4.4.2. Broadcast Seeding Broadcast seeding can require almost twice the amount of seed as drill seeding. This is due to inevitable loss from desiccation, wind, and herbivory. The seed is mechanically spread by use of a hydraulic mulch slurry blower, rotary spreader or a seeder box with a gear feed mechanism. In the Sunny Side Ranch seed mix, the seed sizes are markedly different (e.g. fringed sage is fraction of the size of needle -and -thread grass seed) and it would be advisable to add rice hulls to the mix to allow more uniform dispersal. Immediately following a broadcast seeding operation, seed would be lightly raked to provide approximately 1/4 inch of soil cover over most of the seed. The use of a chain harrow, dragged or cultipacker would probably be too much disturbance to existing plants in the sagebrush plant community, but could be used on highly degraded areas such as the bulbous bluegrass dominated areas. Seed to soil contact is critical to keeping seeds from desiccating and a major source of seed loss in a broadcast seeding operation. 4.4.3. Timing of Seeding Late fall is the optimum seeding time as many native seeds need a cold stratification period (i.e., exposure to cold conditions for an extended period) in order for them to break dormancy. Some species do not require this stratification. A late fall seeding would be required for this effort so seeds that do not need stratification would not be encouraged to germinate as they will not survive the first hard frost. Seeding is best before the first snows begin to fall, but well after the first frost and before the ground is frozen. e.m. ecological, LLC 16 Sunny Side Ranch Community Solar Weed and Revegetation Plan June 2014 5. References Colorado Natural Areas Program (CNAP). 2000. Creating an Integrated Weed Management Plan, Caring for the Land Series IV. Colorado Department of Natural Resources, Denver, CO. Hirsch, Merilynn C. 2011. Department of Wildland Resources, Utah State University, Logan, Utah and Thomas Monaco USDA Agricultural Research Service, Forage and Range Research Laboratory, Logan, Utah. In Monaco, T.A. et al. comps. 2011. Proceedings — Threats to Shrubland Eco ystem Integrity; 2010 May 18-20; Logan, UT. Natural Resources and Environmental Issues, Volume XVII. Pages 53-61. S.J. and Jessie E. Quinney Natural Resources Research Library, Logan Utah, USA. Knick, Steven T., and L. Schueck.. 2014. SAGEMAP: A Web -based Spatial Dataset for Sage Grouse and Sagebrush Steppe Management in the Intermountain West. USGS Forest and Rangeland Ecosystem Science Center, Snake River Field Station, Boise, ID 83706.. http:/ /walrus.wr.usgs.gov/infobank/programs/html/factsheets /pd£s/2002_0124.pdf Leffler, A. Joshua and Thomas A. Monaco. 2010. USDA Agricultural Research Service, Forage and Range Research Laboratory, Logan, Utah; Jeremy J. James USDA Agricultural Research Service, Eastern Oregon Agriculture Research Center, Burns, Oregon. In Monaco, T.A. et al. comps. 2011. Proceedings — Threats to Shrubland Ecosystem Integrity; 2010 May 18-20; Logan, UT. Natural Resources and Environmental Issues, Volume XVII. Pages 63-70. SJ. and Jessie E. Quinney Natural Resources Research Library, Logan Utah, USA. Mealor, B.A. et al. 2013. Cheatgrass Management Handbook: Managing an invasive annual grass in. the Rocky Mountain region. University of Wyoming, Colorado State University University of Wyoming Extension, Laramie, WY 82071. Monaco, T.A. et al. comps. 2011. Proceedings-- Threats to Shrubland Ecosystem Integrity; 2010 May 18-20; Logan, UT. Natural Resources and Environmental Issues, Volume XVII. NRCS. 2014. Web Soil Survey, U.S. Department of Agriculture, Natural Resource Conservation Service, URL: http://websoilsurvey.nrcs.usda.gov Petterson, Eric. 2013. Personal Communication with Lisa Tasker of E.M. Ecological, LLC. URS, Glenwood Springs, CO. Prevey, J. S., M.J. Germino, N.J. Huntly, and Richard S. Inouye. 2010. Exotic plants increase and native plants decrease with loss of foundation species in sagebrush steppe. Plant Ecology 207:39-51. doi: 10.1007/s11258 -009-9652-x. Roach, Chad. 2014. Personal communication June 6, 2014. Clean Energy Collective. 401 Tree Farm Drive, Carbondale, CO 81623. Shaw, Nancy L., Pellant, M., Monsen, S.B. 2005. Sage -grouse habitat restoration symposium proceedings;2001 June 4-7; Boise, ID. Forest Service Mountain Research Station. Sirota, J. 2004. Best management practices for noxious weeds of Mesa County. Colorado State University Cooperative Extension Tri River Area, Grand Junction, Colorado. URL: http://www.coopext.colostate.edu/TRA/Weeds/weedmgmt.html State of Colorado. 2005 Rules pertaining to the administration and enforcement of the Colorado Noxious Weed Act, 35-5-1-119, C.R.S. 2003. Department of Agriculture, Plant Industry Division, Denver, 78 pp. e.m. ecological, LLC 17 Sunny Side Ranch Community Solar Weed and Revegetation Plan mine 2014 Uncompahgre Partnership. 2014. Western Colorado Landscape Collaborative (WCLC). URL: http//upartnership.org/ Utah State University Extension. 2014. Redstem filaree. URL: http://extension.usu.edu/weeds/ Weber, William A., and Ronald C. Wittman. 2012. Colorado Flora, Western Slope. Fourth Edition, University Press of Colorado, Boulder. West, N. E. 2000. Synecology and disturbance regimes of sagebrush steppe ecosystems. In : Entwistle, P.G.; DeBolt, A.M.; Kaltenecker, J.H.; Steenhof, K., comps. Proceedings- sagebrush steppe ecosystems; 1999 July 21-23; Boise, ID. Pub. ID -PT -001001 + 1150USDI. Boise, ID: U.S. Department of the Interior, Burea of Land Management, Idaho State Office: 15-26. Whitson, T. D. (editor), L. C. Burrill, S. A. Dewey, D. W. Cudney, B. E. Nelson, R. D. Lee, and R. Parker. 2006. Weeds of the West— 9th edition. Western Society of Weed Science in cooperation with Cooperative Extension Services, University of Wyoming, Laramie. Wingate, Janet L. 1994. Illustrarted Keys to the Grasses of Colorado. Wingate Consulting, 3052 S. Ivan Way, Denver, CO 80227. Winward, Alma H. 2004. Sagebrush of Colorado: taxonomy, distribution, ecology and management. Colorado Division of Parks and Wildlife, Natural Resoources, 6060 Broadway, Denver, CO 80216. Wright, Kevin. 2014. Personal communication with Lisa Tasker of E.M. Ecological, LLC. Colorado Department of Parks and Wildlife. USDA/USFS. 2012. Field Guide for Managing Cheatgrass in the Southwest. General Technical Report TP -R3-16-4/ U.S. Forest Service, Southwestern Region, Albuquerque, NM 87102. http//www.fs.usda.gov/main/r3/forest-grasslandhealth USDA/NRCS. 2014. National Plant Database. Available at http//www.plants.usda.gov (accessed June 2014) Suggested Websites DCNR Invasive Exotic Plant Tutorial for Natural LandManagers: http: / /www. dcn r. state.pa.us /Forestry/invasivetutorial/cheatgras s_M_C.htm For information about calibrating spray equipment: NMSU Cooperative Extension Service Guide A- 613 Sprayer Calibration at http://aces.nmsu.edu/pubs/_a/A-613.pdf Herbicide labels online: http://www.cd.ms.net/LabelsMsds/LMDe£ault.aspx e.m. ecological, LLC 18 Sunny Side Ranch Community Solar Weed and Reveeetation Plan Appendix 1. State of Colorado and Garfield County Weed List June 2014 List A : Statewide Eradication Common Name Scientific Name African rue Peganum harmala Bohemian knotweed Polygonum x bohemicum Camelthorn Alhagi pseudalhagi Common crupina Crupina vulgaris Cypress spurge Euphorbia cyparissias Dyer's woad lsatis tinctoria Elongated mustard Brassica elongata Giant knotweed Polygonum sachalinense Giant reed Arundo donax Giant salvinia Salvinia molesta Hydrilla Hydrilla verticillata Japanese knotweed Polygonum cuspidatum Meadow knapweed Centaurea pratensis Mediterranean sage Salvia aethiopis Medusahead Taeniatherum caput -medusae Myrtle spurge Euphorbia myrsinites Orange hawkweed Hieracium aurantiacum Purple IoosestrifeG Lythrum salicaria Rush skeletonweed Chondrilla juncea Squarrose knapweed Centaurea virgata Tansy ragwort Senecio jacobaea Yellow starthistleG Centaurea solstitialis List B: Prevent Further Spread Common Name Scientific Name Absinth wormwood Artemisia absinthium Black henbane Hyoscyamus niger Bouncingbet Saponaria officinalis Bull thistle Cirsium vulgare Canada thistle Cirsium arvense Chinese clematis Clematis orientalis Common tansy Tanacetum vulgare Common teasel Dipsacus fullonum Corn chamomile Anthemis arvensis Cutleaf teasel Dipsacus laciniatus Dalmatian toadflax- broad leaved Linaria dalmatica Dalmatian toadflax- narrow leaved Linaria genistifolia Dame's rocket Hesperis matronalis Diffuse knapweed Centaurea diffusa e.m. ecological, LLC June 2014 19 Eurasian watermilfoil Myriophyllum spicatum Hoary cress Cardaria draba HoundstongueG Cynoglossum officinale Jointed goatgrassG Aegilops cylindrica List B: Prevent Further Spread (Continued) Leafy spurge° Euphorbia esula Mayweed chamomile Anthemis cotula Moth mullein Verbascum blattaria Musk thistleG Carduus nutans Oxeye daisyG Chrysanthemum leucanthemum Perennial pepperweed Lepidium latifollum Plumeless thistleG Carduus acanthoides Quackgrass Elytrigia repens Russian knapweedG Acroptilon repens Russian-oliveG Elaeagnus angustifolia Salt cedarG Tamarix chinensis, T. parviflora, and T. ramosissima Scentless chamomile Matricaria perforata Scotch thistleG Onopordum acanthium Scotch thistle Onoporfum tauricum Spotted knapweedG Centaurea maculosa Spurred anoda Anoda cristata Sulfur cinquefoil Potentilla recta Venice mallow Hibiscus trionum Wild caraway Carum carvi Yellow nutsedge Cyperus esculentus Yellow toadflaxG Linaria vulgaris List C: Localized Concern Common Name Scientific Name Bulbous bluegrasss°iar Farm Poa bulbosa Chicory Cichorium intybus Common burdockG Arctium minus Common mulleinSolar Farm Verbascum thapsus Common St. Johnswort Hypericum perforatum Downy bromes°larFa" Bromus tectorum Field bindweed Convolvulus arvensis Halogeton Halogeton glomeratus Johnsongrass Sorghum halepense Perennial sowthistle Sonchus arvensis • y e.m. ecological, LLC 20 Sun Side Ranch Communis Solar Deed and Reve etation Plan une 2014 Poison hemlock Conium maculatum Puncturevine Tribulus terrestris Redstem filareeSo1'Fa`m Erodium cicutarium Velvetleaf Abutilan theophrasti Wild proso millet Panicum miliaceum Watch List Common Name Scientific Name Asian mustard Brassica tournefortii Baby's breath Gypsophila paniculata Bathurst burr, Spiney cocklebur Xanthium spinosum Common bugloss Anchusa officinalis Common reed Phragmites australis Flowering rush Butomus umbellatus Hairy willow -herb Epilobium hirsutum Himalayan blackberry Rubus armeniacus Japanese blood grass/cogongrass lmperata cylindrical Meadow hawkweed Hieracium caespitosum Onionweed Asphodelus fistulosus Pampas grass Cortideria jubata Scotch broom Cytisus scoparius Sericea Iespedeza Lespedeza cuneata Swainsonpea Sphaerophysa salsula Syrian beancaper Zygophyllum fabago Water hyacinth Eichhornia crassipes Water lettuce Pistia stratiotes White bryony Bryonia alba Woolly distaff thistle Carthamus lanatus Superscript G for Garfield County listed species. Superscript So3at1acm for noxious weeds on the project site to date. e.m. ecological, LLC 21 Plant Community / Weed Map Project Boundary 41 - Catherine's Store 7f4t , S.. • Plant Species Property Boundary * ScotchThistle Sagebrush/Cheatgrass/ Bulbous Bluegrass • 1772 Scotch Thistle EgjBulbous Bluegrass Whitetop Sagebrush/Cheatgrass Sunny Side Ranch Community Solar Garden Photovoltaic System i ecological, LLC natural resource consulting p.o. box 1990 carbondele, co 81623 970.948.4857 Drawn by M. Stover 6/13/2014 \11: AH Iif OIYII 4. 1020 WENN, Way. ON. €, CYDon0.N,0O 81023 www,404.1nder.mn 970463.1470 SUNNY SIDE RANCH COMMUNITY SOLAR GARDEN Pr*C PHOTOVOLTAIC SYSTEM Addnn: CATHERINE STORE 00A0 CARBOND LE, CO 14073 PV 1.0 I17 °`'SITE PLAN OVERVIEW ESCAIPTIONI GATE IORN.0Y k740 P IA 23014 A.A. -- 1,1 «mai, 3M. — 12 N102014 JWL WClean Energy c01.1 !:c_rIVF, Overview Aerial Image of Clean Energy Collective Array 'ii a,e[ererce Po�nt,q:3; M•p • , �. �� 3 View of Clean Energy Collective Array from Catherine Stone Road —Visual Reference Point # 2 View of Clean Energy Collective Array from Catherine Stone Road —Visual Reference Point # 3 ENER! CONSULTING o s e• s• GROW' u: July 2, 2014 Mr. Richard Miller, AICP, Land Manager Clean Energy Collective 3005 Center Green Drive, Suite 205 Boulder, CO 80301 RE: Traffic Impact Letter Report CEC-Sunny Side Ranch Community Solar Garden Garfield County, Colorado Dear Mr. Miller: 1437 Lorimer St. Denver, CO 80202 720.473.3131 sean.ohearn@enertiacg.com In partial fulfillment of the Garfield County Land Use Change permitting requirements, Enertia Consulting Group (Enertia) has completed this Traffic Impact Letter Report for the proposed Clean Energy Collective Solar Energy Conversion System located along a private road that is accessed via County Road 100 (the Project). The intent of this Report is to provide traffic related information and identify potential Project impacts to affected roadways within Garfield County. The following information is included in this letter report: • Project Location, Components and Construction Schedule • Designated Travel Route • Daily Vehicle Trip Generation • Conclusions. Project Location, Components and Construction Schedule Location The Project is located at 4003 100 County Road (Parcel ID 2391-303-00-037) in the southwest quarter of Section 30, Township 7S, Range 87W and accessed via a private gravel road off 100County Road (or Catherine Store Road). The 11.5 acre solar garden is scheduled to begin construction in the fall of 2014. Figure 1 illustrates the Project location and the potential future solar development area. Components The Project generally includes: a 1.7 MW solar garden with 5,000+1- solar panels mounted on steel 1 - beams, concrete pad mounted transformer and inverter, an access drive with hammerhead cul-de-sac and perimeter fence with gate. Mr. Richard Miller, AICP Page 2 Construction Schedule It's currently anticipated that the Land Use Change permit will be issued by Garfield County in September 2014. Accordingly, a construction start/mobilization date of September 15, 2014 has been established. Based on this, the following preliminary schedule has been prepared: • Solar Garden Component Delivery • Perimeter Fence Installation • Solar Panel Foundation Installation • Transformer and Inverter Installation • Solar Panel Installation • Punch List and Solar Garden Start-up Designated Access Route Sept 15, 2014 — September 24, 2014 Oct 1, 2014 -- October 15, 2014 Oct 1, 2014 — October 30, 2014 Oct 30, 2014 — November 15, 2014 Oct 15, 2014 — December 15, 2014 December 15, 2014 — December 31, 2014. The designated access route is: State Highway 82 to 100 County Road (1.1 mi); and east on private road (0.5 mi), Figure 1 illustrates the access route. The following is a brief description of the access route roadways. 100 County Road (Catherine Store Road) - The segment of 100 County Road included in the travel route is asphalt -paved with a posted speed limit of 25mph. The pavement width is 25 feet with 2 foot shoulders (approx.). The road surface appears to be in good condition. Private Road — The segment of the private road included in the travel route is a 24' wide gravel road with a posted speed limit of 5 mph. The road surface appears to be in fair to good condition. The attached letter from Garfield County Road & Bridge indicates that a driveway permit will not be required for the Project because it's an existing driveway that meets current Road & Bridge standards. Daily Vehicle Trip Generation and Distribution Project development may be divided into the following 3 phases: material and equipment delivery; solar garden construction; and solar garden maintenance). The following Table 1 illustrates the estimated average daily trip generation by vehicle type for each Project phase. Table 1 — Vehicle Trip Generation Project Phase (Time Period) Vehicle Type Estimated Gross Vehicle Weight Number of Vehicles Per Day Maximum and Average Vehicle Trips Per Day Material and Equipment Delivery (approx. 1 week) Conex Container and Delivery Trucks 30,000-50,000 lbs 5-10 10-20 Equipment Hauling Trucks 20,000-40,000 lbs 0-2 0-4 Max — 24/Ave - 16 Solar Garden Installation (3-4 months) Passenger Vehicles 2,000 to 10,000 lbs 5-12 10-24 Fuel Truck 20,000 to 30,000 lbs 1 2 Material Delivery Truck 20,000 to 30,000 lbs 1 2 Max — 28/Ave - 20 Operations (ongoing once operational) Utility Vehicle 2,000 to 10,000 lbs 1 per month or less Max - 2/Ave - 0 Mr. Richard Miller, AICP Page 3 As illustrated in Table 1, the majority of traffic generated as a result of solar garden installation shall occur during the 3-4 month solar garden installation (max 28/ave 20vtpd). This traffic will generally be site worker passenger vehicles. The majority of heavy truck traffic including conex container delivery (30-50 conex containers/delivery trucks) and equipment (rubber tire loader, pile driver, fork lift) delivery and pickup will travel to and from the Project between 9:30 AM and noon and 1:30PM and 4:OOPM, Project related traffic during all phases will not be significant during AM and PM peak periods (7:30 -- 9:00 AM and 4:30 — 6:00 PM, respectively). Conclusions 1. The Project is expected to generate up to 24 vehicle trips per day during material and equipment delivery (anticipated to be one week at the beginning of the project and one week at the end of the project), 24 vehicle trips per day during solar garden installation (3-4 months) and 2 vehicle trips per month during solar garden operation. 2. Project installation is anticipated to begin in September 2014 (material and equipment delivery) and end in January 2015 (solar garden start-up and container and equipment pick-up). The phase with the greatest amount of traffic (solar garden installation) is expected to occur over a 4 month period (September 2014 — December 2015). 3. Daily Project related truck traffic is not expected to impact AM and PM peak traffic periods. 4. As proposed, the solar garden installation (material/equipment delivery — approx.1 week, solar garden installation 4 months and solar garden operations - ongoing) is not anticipated to create adverse traffic related impacts on Garfield County roads. Based on anticipated vehicle type and weight (See Table 1), the project is not anticipated to degrade/damage Garfield County roads. ******************************* We trust that this Traffic Impact Letter Report for the CEC Sunny Side Ranch Community Solar Garden is acceptable and complete. Please contact me at sean.ohearn(a,enertiacg.corn or (720) 473-3131 should you require additional information. Sincerely, ENERTIA CONSULTING GROUP, LLC J. Sean O'Hearn, PE, PG Managing Partner attachment • to , PROJECT SITE i • • DESIGNATED TRAVEL ROUTE 4 ENER CONSUL 1,0 1437 LARIMER STREET DENVER, CO 80202 {720) 25043305 FIGURE 1- DESIGNATED TRAVEL ROUTE CLEAN ENERGY COLLECTIVE SOLAR GARDEN CARBONDALE, COLORADO Garfield County To whom it may concern The address 4003 County Road 100 Carbondale, Co. 81623 Road & Bridge June 19, 2014 The said address is exempt from getting a Driveway Permit from Garfield County Road and Bridge because it is using an existing driveway. This driveway currently meets Road & Bridge Standards. Any questions please contact me. Mike Prehm Garfield County Road & Bridge Foreman/District 1 (970) 945-1223 Office (970) 945-1318 Fax. Richard Miller From: Michael Prehm <mprehm@garfield-county.com> Sent: Thursday, June 19, 2014 1:26 PM To: David Pesnichak Cc: Richard Miller, Rayjean Kramer Subject: 4003 CR 100 Driveway Exemption Letter Attachments: Exemption Letter 4003 County Road 100.docx Follow Up Flag: Flag for follow up Flag Status: Flagged David, 1 spoke with Richard Miller with Easy Clean Energy this afternoon. We went over the project he is preparing to do near County Road 100. The driveway he is going to use is shared by several residents. It currently meets our standards. After speaking with you I am comfortable with the long term traffic and impact it will have on County Road 100. If you have any concerns please let me know. Thanks Mike Prehm Garfield County Road & Bridge Foreman/Glenwood District (970) 945-1223 Office (970) 945-1318 Fax. (970) 618-7109 Cell Results Page 1 of 1 Back to normal view Query: ParcelNumberlD = 239130300035 Showing 1 result on 1 page Account# Summary Picture R083397 2391-303- JAMES, RICHARD Section: 30 Township: 7 Range: 00-035 NELSON & MARY F Carbondale 81623 87 A PARCEL OF LAND BEING SITUATED IN THE SW1/4 OF SECTION 30 AND ... https://act.garfield-county.com/assessorltaxweb/results jsp?start=0&printing=true 7/10/2014 Results Page 1 of 1 Back to normal view Query: ParcelNumberlD = 239130300036 Showing 1 result on 1 page Account# Summary R083398 2391-303- JAMES, RICHARD Section: 30 Township: 7 Range: 00-036 NELSON & MARY F Carbondale 81623 87 A PARCEL OF LAND BEING SITUATED IN THE SW114 OF SECTION 30 AND ... Picture https://act.garfield-county.comlassessor/taxweb/results.,jsp?start=0&printing=true 7/10/2014 PI TITLE COMPANY of the rookies 132 W. Main St. Ste, 13 Aspen, CO 81611 Phone: (970) 920-9299 Fax: (970) 920-5352 www.titIccorockies.com tidcerirockiea.coni COMMITMENT TRANSMITTAL Commitment Ordered By: Sam Cunningham, SVP Clean Energy Collective 3005 Center Green Dive Boulder, CO 80302 Phone: (720) 360-3005 Fax: email: sam.cunningham(reasycleanenergy.com Inquiries should be directed to: Kelli Burbach Title Company of the Rockies 132 W. Main St. Ste. B Aspen, CO 81611 Phone: (970) 920-9299 Fax: (970) 920-5352 email: Commitment Number: Buyer's Name(s): Seller's Name(s): Property: 0905139-C GCASA 11, LLC, a Colorado limited liability company Richard Nelson James and Mary F. James 4003 100 County Road, Carbondale, CO 81623 Section 30, Township 7, Range 87, A parcel of land being situated in the SW 1/4 of section 30, County of Garfield, State of Colorado. GCASA 11, LLC, a Colorado limited liability company c/o Clean Energy Collective, 3005 Center Green Drive Boulder, CO 80302 A Lender To E3e Determined COPIES A MAILING Ltsr Richard Nelson James and Mary F. James 267 Nuthatch Drive Alma, CO 80420 V Service Beyond E+Pec1alan in Lalonde, fort Eagle, Garfreld,, Grand, Pitkin and Sunrnirl Counties. (Limited Coverage: Jackson, Lake, Park and Rana Counties) Locations he: Arta & wer Creek, Basalt, Breckenridge, Granby; and Miner Park (Closing. Seniors arvilabk in Aspen and Glemrood Springs). RITITLE COMPANY of the rookies 132 W. Main St. Ste. 13 Aspen, CO 81611 Phone: (970) 920-9299 Fax: (970) 920-5352 www.titlecorockies.com Commitment Ordered By: Sam Cunningham, SVP Clean Energy Collective 3005 Center Green Dive Boulder, CO 80302 Phone: (720) 360-3005 Fax: email: sam.cunningham a easycleanenergy.corn Inquiries should be directed to: Kelli Burbach Title Company of the Rockies 132 W. Main St. Ste. B Aspen, CO 81611 Phone: (970) 920-9299 Fax: (970) 920-5352 email: Commitment Number: Buyer's Name(s): Seller's Name(s): Property: 0905139-C GCASA II, LLC, a Colorado limited liability company Richard Nelson James and Mary F. James 4003 100 County Road, Carbondale, CO 81623 Section 30, Township 7, Range 87, A parcel of land being situated in the SW 1/4 of section 30, County of Garfield, State of Colorado. TITLE CHARGES These charges are based on issuance of the policy or policies described in the attached Commitment for Title Insurance, and includes premiums for the proposed coverage amount(s) and endorsement(s) referred to therein, and may also include additional work and/or third party charges related thereto. If applicable, the designation of "Buyer" and "Seller" shown below may be based on traditional settlement practices in Garfield County, Colorado, and/or certain terms of any contract, or other information provided with the Application for Title Insurance. Owner's Polley Premium: Loan Policy Premium: Additional Lender Charge(s): Additional Other Charge(s): Tax Certificate: Total Endorsement Charge(s): TBD Charge(s): TOTAL CHARGES: $5,888.00 $1,654.00 $25.00 $2,558.00 $7,203.00 Service Beyond Expectation in Colorado for: Eagle, Garfield, Grand, Piths; and Srmmil Counties. admired Coierage: Jackson, Lake, Park and Rorrtf Counties) Locations In: AMI Beaver Creek, Basalr, Breckenridge, Granby, and Winter Pak Biasing Services amilahle in Aspen and Glemrood Springs). pp TITLE COMPANY of the rockies 132 W. Main St. Ste. 8 Aspen, CO 81611 Phone: (970) 920-9299 Fax. (970) 920-5352 www, ti ticcorockics.conr Commitment Ordered By: Sam Cunningham, SVP Clean Energy Collective 3005 Center Green Dive Boulder, CO 80302 Phone: (720) 360-3005 Fax: email: sam.cunningham@easycleanenergy.com Inquiries should be directed to: Kelli Burbach Title Company of the Rockies 132 W. Main St. Ste. B Aspen, CO 8161 Phone: (970) 920-9299 Fax: (970) 920-5352 email: Commitment Number: Buyer's Name(s): Seller's Name(s): Property: 0905139-C GCASA II, LLC, a Colorado limited liability company Richard Nelson James and Mary F. James 4003 100 County Road, Carbondale, CO 81623 Section 30, Township 7, Range 87, A parcel of land being situated in the SW 1/4 of section 30, County of Garfield, State of Colorado. TITLE CHARGES These charges arc based on issuance of the policy or policies described in the attached Commitment for Title Insurance, and includes premiums for the proposed coverage amount(s) and endorsement(s) referred to therein, and may also include additional work and/or third party charges related thereto. If applicable, the designation of"Buyer" and "Seller" shown below may be based on traditional settlement practices in Garfield County, Colorado, and/or certain terms of any contract, or other information provided with the Application for Title Insurance. Owner's Policy Premium: Loan Policy Premium: Additional Lender Charge(s): Additional Other Charge(s): Tax Certificate: Total Endorsement Charge(s): TBD Charge(s): TOTAL CHARGES: $5,888.00 $1,654.00 $25.00 $2,558.00 $7,203.00 Bemire Beyond $rpermtioa in Colorado for: Engle, Garfield, Grand, Pitkin and Summa ['rumors. admired Coverage: Jackson. Lake, Park and Roue Counties) Loragaes ln: Atom/Beaver reek. Basan Breckenridge. Granby, and Winlcr Park. (Closing Servkes available in Aspen and Glenwood Springs). Chicago Title Insurance Company ALTA Commitment -2006 (6-17-061 AMERICAN LAND TITLE ASSOCIATION TITLE INSURANCE COMMITMENT - 2006 (6-17-06) ISSUED BY TITLE COMPANY OF THE ROCKIES 132 W. Main St. Ste. B Aspen, CO 81611 agent for Chicago Title Insurance Company CHICAGO TITLE INSURANCE COMPANY, a Missouri corporation ("Company"), for a valuable consideration, commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with the Requirements; all subject to the provisions of Schedules A and B and to the Conditions of this Commitment. This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A by the Company. Ail liability and obligation under this Commitment shall cease and terminate six (6) months after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue the policy or policies is not the fault of the Company. The Company will provide a sample of the policy form upon request. In Witness Whereof CHICAGO TITLE INSURANCE COMPANY has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A. CHICAGO TITLE INSURANCE COMPANY B1: "tote" Secwtnry Chicago Title Insurance Company (Reverse sdde of Cover) ALTA Commitment -2006 (6.11-06) CONDITIONS 1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquired actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule 13 of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. 5. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at< hitp://www.alta.org/>. (Reverse side of Cover) COMMITMENT for TITLE INSURANCE plTITLE COMPANY of the rockies as agent for issued by CHICAGO TITLE INSURANCE COMPANY Reference: Commitment Ordered By: Sam Cunningham, SVP Clean Energy Collective 3005 Center Green Dive Boulder, CO 80302 Phone: (720) 360-3005 Fax: email: sam.cunningham@easycleanenergy.com Commitment Number: 0905139-C Inquiries should be directed to: Kelli Burbach Title Company of the Rockies 132 W. Main St. Ste. B Aspen, CO 81611 Phone: (970) 920-9299 Fax: (970) 920-5352 email: Reference Property Address: 4003 100 County Road, Carbondale, CO 81623 SCHEDULE A Effective Date: March 28, 2014, 7:00 am 2. Policy (or Policies) to be issued: a) ALTA Owner's Policy (6-17-06) Proposed Insured: Issue Date: May 02, 2014 Policy Amount: Premium: GCASA II, LLC, a Colorado limited stability company b) ALTA Loan Policy (6-17-06) Proposed Insured: A Lender To Be Determined Policy Amount: Premium: 3. The estate or interest in the Land described or referred to in this Commitment is: $2,400,000.00 $5,888.00 $2,400,000.00 $1,654.00 Leasehold Estate created by that certain Land Lease Option Agreement (Solar Farm) between Richard Nelson James and Mary F. James, as Lessor, and GCASA II, LLC, a Colorado limited liability company, as Tenant, dated , and recorded _, at Reception No. and Title to said estate or interest is at the Effective Date vested in: Richard Nelson James and Mary F. James 4. The Land referred to in this Commitment is located in the County of Garfield, State of Colorado, and is described as follows: FOR LEGAL DESCRIPTION SEE SCHEDULE A CONTINUED ON NEXT PAGE Alta Commitment - 2006 Schedule A Commitment No. 0905139-C Schedule A (continued) LEGAL DESCRIPTION The Land referred to herein is located in the County of Garfield, State of Colorado, and described as follows: A Parcel of land situated in a Tract of Land as described in Reception No. 817680 of the Garfield County Clerk and Recorder, also known as Parcel No. 2391-303-00-006, also being situated in SW 114 Section 30, Township 7 South, Range 87 West, of the 6th P.M., said parcel being more particularly described as follows; Beginning at a point on a fence whence the W!/4 of said Section 30, T.7S., R.87W., of the 6th P.M., a found 3 ''/" Garfield County Surveyor Brass Cap on a 2 '/2" iron pipe, marked 1/4 Section 30, T.7S., R.87W., of the 6th P.M. & Section 25, T.7S., R. 88W., of the 6th P.M., 1963 bears N28°30'47"W a distance of 559.10 feet; Thence S 01°56'40"W a distance of 613.28 feet; Thence N 88°03'20"W a distance of 165.25 feet; Thence S 39°49'48"W a distance of 134.36 feet; Thence N 0I °56'21 "E a distance of 49.82 feet; Thence N 88°03'19"W a distance of 745.85 feet to a point on the westerly line of said Parcel No. 2391- 303-00-006; Thence along said west line 5 00°10'44"E a distance of 408.31 feet to a point in the center of the Basin Ditch; Thence along the center of said ditch the following thirteen (13) courses: S 78°20'46"E a distance of 39.87 feet; S 69°21'46"E a distance of 137.13 feet; S 74°09'28"E a distance of 87.48 feet; S 82°34'16"E a distance of 93.38 feet; S 71°33'37"E a distance of 74.67 feet; S 85°33'55"E a distance of 115.93 feet; N 87°27'35"E a distance of 81.84 feet; N 84°53'00"E a distance of 80.11 feet; N 83°36'02"E a distance of 176.33 feet; N 89°32'37"E a distance of 241.55 feet; S 84°44'31"E a distance of 187.38 feet: N 88°50'16"E a distance of 152.57 feet; N 82°09'55"E a distance of 57.01 feet; N 75°09'29"E a distance of 77.23 feet; Thence leaving the center of said ditch N 00°53'22"E a distance of 190.96 feet; Thence N 24°06'17"E a distance of 203.27 feet; Thence N 00°29'03"E a distance of 1.87 feet; Thence N 89°30'57"W a distance of 55.16 feet; Thence N 00°29'00"E a distance of 150.00 feet; Thence S 89°41'58"E a distance of 56.71 feet; Thence N 00°04'00"E a distance of 149.82 feet; Thence S 89°41'59"E a distance of 56.71 feet; Thence N 00°04'01"E a distance of 149.82 feet; Thence S 89°30'56"E a distance of 55.62 feet; Thence N 00°29'00"E a distance of 150.00 feet; Thence 5 89°30'57"E a distance of 608.61 feet to a point on the northwesterly Right of Way line of a County Road; Thence along said Right of Way the following four (4) courses: Alta Commitment - 2006 Schedule A (continued) Commitment No. 0905139-C Schedule A (continued) 147.40 feet along the arc of a non -tangent curve to the right having a radius of 1554.05 feet, the chord of which bears N 34°48'13"E a distance of 147.34 feet; Thence N 40"31'42"E a distance of 96.25 feet; Thence N 40° 34'27"E a distance of 69.19 feet; Thence 125.44 feet along the arc of a curve to the right having a radius of 673.26, the chord of which bears N 46°36'02"E a distance of 125.26 feet; Thence N 90°00'00"W a distance of 1012.21 feet; Thence S 00°00'00"W a distance of 182.20 feet; Thence N 90.00'00"W a distance of 646.44 feet to the point of beginning. Aha Commitment - 2006 Schedule A (continued) Commitment No. 0905139-C Schedule B-1 Requirements COMMITMENT FOR TITLE INSURANCE SCHEDULE B - SECTION I REQUIREMENTS THE FOLLOWING ARE THE REQUIREMENTS TO BE COMPLIED WITH: Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to wit: 1. Duly executed and acknowledge Lease between Richard Nelson James and Mary F. James, as Lessor, and GCASA II, LLC, a Colorado limited liability company, as Tenant. The Owner's Policy, when issued, will contain the following Endorsement Form(s), provided that applicable scheduled charges in the amount(s) following each endorsement are paid to the Company or its duly authorized agent. 36-06 Pending 36.4-06 Pending 36.6-06 $904 100.33 $100.00 The Mortgage Policy, when issued, will contain the following Endorsement Form(s), provided that applicable scheduled charges in the amount(s) following each endorsement are paid to the Company or its duly authorized agent. 8.2 $452.00 36.1-06 Pending 36.5-06 Pending 36.6-06 $452.00 100.33 $100.00 103.7 $100.00 122 x 3 $450.00 Alia Cammrtmeni - 2006 Schedule B -I Requirements Commitment No. 0905139-C Schedule B -Il Exceptions COMMITMENT FOR TITLE INSURANCE SCHEDULE B - SECTION II EXCEPTIONS Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company. Any loss or damage, including attorney fees, by reason of the matters shown below: 1. Any facts, rights, interests, or claims which are not shown by the Public Records but which could be ascertained by an inspection of said Land or by making inquiry of persons in possession thereof. 2. Easements or claims of easements, not shown by the Public Records. 3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. 4. Any lien, or right to a lien for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any created, first appearing in the Public Records or attaching subsequent to the effective date hereof, but prior to the date of the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 7. Right of the Proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted, as reserved in United States Patent recorded June 24, 1895, in Book 12 at Page 368 and April 15, 1908, in Book 56 at Page 496. 8. Right of way for ditches or canals constructed by the authority of the United States, as reserved in United States Patent recorded June 24, 1895, in Book 12 at Page 368, April 15, 1908, in Book 56 at Page 496 and April 2, 1912, in Book 71 at Page 540. 9. Easement and right of way for electric line or system and related appurtenances, as granted by Harold L. Blue to Holy Cross Electric Association, Inc., by instrument recorded November 27, 1974, in Book 467 at Page 40, June 3, 1980, in Book 549 at Page 587 and June 3, 1980, in Book 549 at Page 588, said easement being more particularly described therein. Alla Commitment - 2006 Schedule B-11 Exceptions Commitment No. 0905139-C Disclosure Statements Note 1: Colorado Division of Insurance Regulations 3-5-1, Paragraph C of Article VII, requires that "Every Title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the Title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed." (Gap Protection) Note 2: Exception No. 4 of Schedule B, Section 2 of this Commitment may be deleted from the Owner's Policy to be issued hereunder upon compliance with the following conditions: A. The Land described in Schedule A of this commitment must be a single-family residence, which includes a condominium or townhouse unit. 13. No labor or materials may have been furnished by mechanics or materialmen for purpose of construction on the Land described in Schedule A of this Commitment within the past 13 months. C. The Company must receive an appropriate affidavit indemnifying the Company against unfiled mechanic's and materialmen's liens. D. Any deviation from conditions A though C above is subject to such additional requirements or Information as the Company may deem necessary, or, at its option, the Company may refuse to delete the exception. E. Payment of the premium for said coverage. Note 3: The following disclosures are hereby made pursuant to §10.11-122, C.R.S.: (1) The subject real property may be located in a special taxing district; (ii) A certificate of taxes due listing each taxing jurisdiction shall be obtained from the County Treasurer or the County Treasurer's authorized agent; and (iii) Information regarding special districts and the boundaries of such districts may be obtained from the County Commissioners, the County Clerk and Recorder, or the County Assessor. Note 4: If the sales price of the subject property exceeds $100,000.00, the seller shall be required to comply with the disclosure or withholding provisions of C.R.S. §39-22- 604.5 (Non-resident withholding). DISCLOSURE STATEMENTS Note 5: Pursuant to C.R.S. §10-11-123 Notice is hereby given: (a) If there is recorded evidence that a mineral estate has been severed, leased or otherwise conveyed from the surface estate then there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property, and (b) That such mineral estate may include the right to enter and use the property without the surface owner's permission. Note 6: Effective September 1, 1997, C.R.S. §30-I0-406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one-half inch the clerk and recorder may refuse to record or file any document that does not conform. Note 7: Our Privacy Policy: We will not reveal nonpublic personal customer information to any external non- affiliated organization unless we have been authorized by the customer, or are required by law. Note8: Records: Regulation 3-5-1 Section 7 (N) provides that each title entity shall maintain adequate documentation and records sufficient to show compliance with this regulation and Title 10 of the Colorado Revised Statutes for a period of not less than seven (7) years, except as otherwise permitted by law. Note 9: Pursuant Regulation 3-5-1 Section 9 (F) notice is hereby given that "A title entity shall not earn interest on fiduciary funds unless disclosure is made to all necessary parties to a transaction that interest is or has been earned. Said disclosure must offer the opportunity to receive payment of any interest earned on such funds beyond any administrative fees as may be on file with the division. Said disclosure must be clear and conspicuous, and may be made at any time up to and including closing." Be advised that the closing agent will or could charge an Administrative Fee for processing such an additional services request and any resulting payee will also be subjected to a W-9 or other required tax documentation for such purpose(s). Be further advised that, for many transactions, the imposed Administrative Fee associated with such an additional service may exceed any such interest earned. Therefore, you may have the right to some of the interest earned over and above the Administrative Fee, if applicable (e.g., any money over any administrative fees involved in figuring the amounts earned). Note 10: Pursuant to Regulation 3-5-1 Section 9 (G) notice is hereby given that "Until a title entity receives written instructions pertaining to the holding of fiduciary funds, in a fort agreeable to the title entity, it shall comply with the following: 1. The title entity shall deposit funds into an escrow, trust, or other fiduciary account and hold them in a fiduciary capacity. 2. The title entity shall use any funds designated as "earnest money" for the consummation of the transaction as evidenced by the contract to buy and sell real estate applicable to said transaction, except as otherwise provided in this section. If the transaction does not close, the title entity shall: a. Release the eamest money funds as directed by written instructions signed by both the buyer and seller; or b. If acceptable written instructions are not received, uncontested funds shall be held by the title entity for 180 days from the scheduled date of closing, after which the title entity shall return said funds to the payor. 3. In the event of any controversy regarding the funds held by the title entity (notwithstanding any termination of the contract), the title entity shall not be required to take any action unless and until such controversy is resolved. At its option and discretion, the title entity may: a. Await any proceeding; or b. Interplead all parties and deposit such funds into a court of competent jurisdiction, and recover court costs and reasonable attorney and legal fees; or c. Deliver written notice to the buyer and seller that unless the title entity receives a copy of a summons and complaint or claim (between buyer and seller), containing the case number of the lawsuit or lawsuits, within 120 days of the title entity's written notice delivered to the parties, title entity shall retum the funds to the depositing party." Disclosure Statements Anti -Fraud Statement NOTE: Pursuant to CRS 10-1-128(6)(a), It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado division of insurance within the department of regulatory agencies. This anti -fraud statement is affixed to and made a part of this policy. EscrowNo. 0905139 FINAL AFFIDAVIT AND AGREEMENT to Chicago Title Insurance Company RE: Real estate and improvements located in the County of Garfield, State of Colorado, and described as: Section 30, Township 7, Range 87, A parcel of land being situated in the SW 1/4 of section 30, County of Garfield, State of Colorado. also known as 4003 100 County Road, Carbondale, CO 81623 The undersigned, GCASA II, LLC, a Colorado limited liability company Purchaser(s) of the herein described property, to induce Chicago Title Insurance Companyto issue its Policy or Policies of Title Insurance without exception as to mechanics' or other statutory liens, or any rights thereto, where no notice of such liens or rights appear of record, does hereby make the following representations to ChicagoTitle Insurance Company, with full knowledge and intent that said company shall rely thereon: I. That the improvements on the real estate herein described have been fully completed by the General Contractor and have been accepted by the undersigned as completed and satisfactory. 2. That the full purchase price has been paid by said purchaser(s) to said General Contractor and/or owner. 3. That said premises (were) (will be) occupied by said purchaser(s) on or about 4. That the undersigned are not aware of any bills for services, labor or materials used in connection with the constructions of said improvements which have not been paid. 5. That the undersigned have not caused any materials to be furnished or work to be done on said improvements by any one other than the General Contractor referred to above which could give rise to mechanics' or other statutory liens, and have not executed any security agreements or financing statements for materials, appliances, fixtures or furnishings placed upon or installed in said premises and will protect, defend and save harmless the mortgagee and Chicago Title Insurance Company against any and all liability loss, damage, costs and attorney's fees by reason of any claims or liens asserted with respect to the matters described in this paragraph. 6. We further represent that there are no pending proceedings or unsatisfied judgments of record, in any Court, State or Federal, nor any tax liens filed against us. That if there are any judgments, bankruptcies, probate proceedings, state or federal tax liens of record against parties with same or similar names, they are not against us. GCASA I1, LLC, a Colorado limited liability company By: State of } County of } The foregoing instrument was acknowledged, subscribed and sworn to before me this day of 20 by of GCASA fl, LLC, a Colorado limited liability company. Witness my Hand and Official Seal My Commission Expires: Notary Public NITITLE COMPANY of the rookies 132 W. Main St. Ste. B Aspen, CO 81611 Phone: (970) 920-9299 Fax: (970) 920-5352 www.titlecorockies.com Wiring Instructions Title Company of the Rockies Alpine Bank - Escrow Account (Bank #RQ138) If you are wiring funds, please provide the following wiring instructions to your financial institution: Wire To: Alpine Bank, Avon, Colorado 10 West Beaver Creek Blvd. ABA/Routing #: 102 103 407 Credit to: Title Company of the Rockies Account No.: 347 001 32$0 Reference : Escrow No.: 0905139 Name: GCASA II- LLC. a Colorado limited liability company Please Notify The Title Company of the Rockies upon receipt, Please Note: The wire information must include the name of the person wiring funds, and/or our file or escrow number. If you have any questions or need assistance, please call The Title Company of the Rockies at (970) 920-9299. Service Beyond E pec1alion In Colorado for: Eagle, Garfield, Grand, Ptlkin and SSmrmtl Counties. (Limned Coverage: Jackson, Lake, Park and Roan Colonies) Locutions Bn: Avon Bemner Creek, Banal{ Breckenndge, Granby, and I [inter Park (Closing Services available in Aspen and Glemrood Springs). 815739 03/12/2012 12:35:56 PM Page 1 of 8 Jean Alberico, Garfield County, Colorado Rec Fee: $46.00 Doc Fee: $0.00 eRecorded RECORDATION REQUESTED BY: Arpin.) Bank, A Colorado Banking Corporation Arpin Bank Carbondale 400 7th Street South Rifle. CO 81850 WHEN RECORDED MAIL TO: Alpine Bank 400 7th Street South Rifle. CO 81650 SEND TAX NOTICES TO: MARY F. JAMES P.O. 80X 102 ALMA, CO 81420 FOR RECORDER'S USE ONLY DEED OF TRUST MAXIMUM PRINCIPAL AMOUNT SECURED. The Lien of this peed of Trust shell net exceed at any one lime 9779.000.00 excepr as nen,. ad under apyicahre Colorado law. THIS DEED OF TRUST is dated January 30, 2012, among MARY F. JAMES I"Grantor"}: Alpine Bank, A Colorado Banking Corporation, whose address is Alpine Bank Carbondale, 400 ith Street South, Rifle, CO 81650 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and the Public Trustee of GARF1ELD County, Colorado (referred to below as -Trustee"). CONVEYANCE ANO GRANT. For valuable consideration, Grano; hereby Irrevocably grants. transforo and assigns t0 Trustee for the benefit of Lender se Beneficiary all et Grantor's right, title, and interest in and to the following described real property, together with all existing or subsequerrly erected or affixed buildings, improvements and fixtures; all easements, rights of way, and appurtenances: 011 water. ureter rights and ditch rights lincluding stock in utilities with ditch or irrigation rights; and all Other rights, 10001080, and profits re!eting to she real property, including without 1imilatien all minerals, oil. gas, geothermal and similar matters, (the --Real Property "$ located in GARFIELD County, State of Colorado; See EXHIBIT "A", which is attached to thls Deed of Trust and made a part of this Deed of Trust as if fully set forth herein. The Real Property or Its address is commonly known as 3947 CATHERINE STORE ROAD, CARBONDALE, CO 81623. CROSS -COLLATERALIZATION. In addition to the Note, this Dead cf Trust secures all obligations, debts and liabilities, plus interest thereon, of either Grantor or Borrower to Lender, or any one or more of them, as well as all claims by Lender against Borrower and Grantor or any one or more of them, whether now existing or hereafter arising, whether related or unrelated to the purpose 01 the Note whether voluntary or otherwise, whether due or not due, direct Or indirect, determined Or undetermined. absolute or cOnlingent, t duidated or unliquidated, whether Borrower or Grantor may be liable individue!ly or jo'rnly with ethers, whether obligated as queranto,. surety. accommodation perry or otherwise. and whether recovery upon such amounts may be or hereafter may become barred by any statute cf limitations, and whether the obligation to repay such amounts may be or hereafter may became otherwise r,nanfor10800le. Grantor presently assigns to Lander (also known as Beneficiary in this Deed of Trust) all of Grantor's right, title, and interest in and to all present and future !eases of the Property and all Rents from the Property. In addition, Gran:or grants to Lander a Uniform Commercial Code Security interest in re Personal Property and Rents. THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE IAI PAYMENT OF THE INDEBTEDNESS AND IRS PERFORMANCE OF ANY ANO ALL OBLIGATIONS UNDER THE NOTE. THE RELATED DOCUMENTS. AND THIS DEED OF TRUST, THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: GRANTOR'S REPRESENTATIONS AND WARRANTIES, Grantor warrants chat: la) this Deed of Trust is executed at Borrower's request and not et the request 01 Lender; Ib] Grantor has the Full power, right, and authority to enter into thls Deed of Trost and to hypothecate the Properly. lc) the provisions of this Deed of Trust do not conflict with, of result In a default under any agreement or ether instrument hinting upon Grantor and do not result in a viOialion of any low, regulation. court decree or order applicable to Grantor; {dl Grantor has established adequate means of obtafning from Borrower en a continuing basis information about Borrower's time -rote condition; and lel Lender has made no representation to Grantor' about Borrower {including without limitation the creditworthiness cf Borrower!. GRANTOR'S WAIVERS. Grantor welvel all rights or defenses ariang by reason of any 'one action- or 'anti:dahciency" law. or any other law which may prevent Lender from br0nging any action egeinat Grantor, including a claim for deficiency to the extent Lender is Otherwise entitled to a claim for deficiency. batons or atter Lender's commencement or completion of any foroolOsure action, either judicially or by exercise of a power of sale, PAYMENT AND PERFORMANCE. Except as otherwise provided in tit's Peed of Trust, Borrower and Grantor shall pay to Lender all Indebtedness secured by this Deed of Trust as it bOLOmes due. and Borrower and Grantor shall strictly perform all their respective nbt,gations under the Nate, this Deed of Trust, and the Related Documents. POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower and Grantor agree that Borrower's and Grantor's possession and cse of the Properly shall he governed by the following provisions: Possession and Use. Until the occurrence of an Event of Default, Granter may (1) remain in possession and control of the Property; 121 use. opefete Or manage the P;Operty, end 131 collect the Rents from the Property. Duty to Maintain. Grantor shell maintain the Property in tenentabte condition and promptly perform all repairs, tep!a3emenis, end maintenance necessary to pteserve its vacua, Compliance With Environmental Laws. Grantor represents and warrants to Lender that: 111 During the period of Grantor's ownership of the Property, there has been ne use, generation, manufacture, storage treatment disposal, release or threatened release uF any Hazardous Substance by any parson on, under, about or from the Property; 121 Grantor has n0 knowledge 01, Cr reason to believe that theta has been, except as previously disclosed to and acknowledged by Lender in writing, la) any breach 0r viOlalicn of any Environmental Laws. ill) any use, generation, manufacture, storage, treatment, dispose, release Or threatened release of any Hazardous Substance on, under. about or from the Property by any prior owners or occupants of the Property, or lc) any actual or threatened litigation or claims Of e0Y kind by any person relating to such matters: and {31 Except as previously disclosed to and acknowledged by Lender in writing, fat neither Granter nor any tenant. contractor. agent or other authorized user of the Property shall use. generate, manufacture, store, peat, dispose of or release any Hazardous Substance an, under, about or horn the Property; and (hi any such activity shall be conducted in compliance wish ail applicable federal, state, 815739 03/12/2012 12:35:56 PM Page 2 of 8 Jean Alberico, Garfield County, Colorado Rec Fee: $46.00 Doc Fee: $0.00 eRecorded Loan No: 0463a47101 DEED OF TRUST (Continued) Page 2 and Mord !ewe, regulations and ordinances. including without limitation ail Environmental Laws. Grantor authorizes Lender and its agents to enter upon the Property to make such inspections end testa, et Grantor's expense. as Lender may dean, appropriate to determine compliance of the Property with this section es the Deed of Trust. Any inspections or tests made by Lender shall bit for Lender's purposes orgy and shell rqt be construed to create any responsibility os liability on the part of Lender to Grantor or to any other person. The representations and warranties cynteined herein are based on Grantor's due diligence in revestiyetinq the Property for Hazardous Substances. Grantor hereby 1) releases and walve5 any future claims against Lender for indemnity or contribution in the event Grantor becomes liable for cleanup or other costs under any such taws; end (2€ agrees ea indemnify. defend, and held harmless Lander against any and all 018irna, losses, liabilities, damages, penalties, and expenses which Lender may directly or indirectly sesta"rn or suffer resulting from a breach of this Section of the Deed et Trust or as a consequence of any use, generation, manufacture, storage, disposal, release or threatened release occurring prior to Grantor's ownership or interest in the Property, whether or nor the same was or should have been known to Grantor. The provisions of this section of the Deed of Trust, including the obligation to indemnify and defend, shall survive the payment of the Indebredness and the satisfaction and reconveyance of the lien of this Deed of Trust arca shell not be affected by Lender's acquisition of any interest !n the Property, whether by foreclosure or otherwise. Nuisance, Waste. Grantor shall not cause, conduct or permit any nuisance nor commit, permit, Or Suffer any stripping of or waste en or to the Property or any portion of the Property. Without limiting the generality of the foregoing, Grantor will not remove, or gram to any other party the right to remove, any timber, minerals !including oil and gas), Coe. Clay. scoria, soil, gravel or rock products without Lender's prior written consent. Removal of Improvements. Grantor shall r.ot demolish or remove any Improvements from the Reel Property without Lender's prior written consent- AS a condition to the removal of any Improvements. Lender may reouire Grantor to make arrangements satsiactOry to Lender to replace such Improvements with Improvements of at least equal value. Lender's Right to Enter. Lender and Lender's agents and representatives may enter upon the Real Properly at all reasonable times to mend t0 Lender's interests and to Inspect the Real Property for purposes of Grantor's compliance with the terms and conditions of this bled of Trust, Compliance with Governmental Requirements. Grantor shell promptly comply with all sews, ordinances, and regulaeons, now or hereafter in effect, of all governmental authorities appticoble to the use or occupancy a1 the Property, including without !Meridian, the Americans With Disabilities Act. Grantor may contest in good lalth any such law, ordinance, or regulauOr and withhold compliance during any proceeding, including appropriate appeals, so long as Grantor has notified Lender in writing prior to doing ee end so long as, in Lender's sole opinion, Lender's interests in the Property are not jeopardized. Lender may require Grantor to Cost adequate security ora surety bond, reasonable satisfactory to Lender. to protect Lender's interest. Duty to Protect. Grantor agrees neither to abandon or !ague unattended the Property. Grantor shall do alt other acre, in addition to those acts set forth above in this section, which from the Character end use 0t the Property are reasonably necessary to protect and preserve the Property. DUE ON SALE • CONSENT BY LENDER. Lender may. at Lender's option. declare immediately due end payable al sums secured by this Deed of Trust upon the sale or transfer, without Lender's prior written consent. el 011 Or any part of the Asa! Property, nr any interest in the Real Property. A -sale 0r transfer' means the conveyance of Real Property or any right, title or interest in the Real Property: whether legal, beneficial or equitable; whether v0tuntary or involuntary; whether by outright sale, deed, instate -neer 50E3 contract, land contract, contract ler deed, leasehold interest with a term greater than three 131 years, lease -option contract, or by sale, assignment, or transfer Of any beneficial interest in or to any land trust holding title to the Real Property. or by any other method of conveyance of en interest in the Real Property. However. this option shall not be exercised by Lender if such exercise is prohibited by federal law or by Colorado law. TARES AND LIENS. The feh!awine provisions relating to the taxes and liens on the Property are part of this Deed of Trust: Payment. Grantor Shad pay when due (and in all events prior to delinquency} all taxes. spacial taxes, assessments. charges (including water and sewer;, tines and impositions levied aga'.nat or on account of the Property, and shall pay when due all oiarms for work done on or for services rendered or material furnished to the Property. Grantor shall maintain the Property free of ore liens having priority over or equal to the interest of Lender under this Deed of Trust, except for the lien of taxes and assessments not due and except as otherwise provided in Otis Deed of Trust. Right to Contest. Grantor may withhold payment of any tax. assessment, er claim in connection wee a good faith 110301e over the obligation to pay, so Tong as Lender's interest in the Property Is not jeopardized, If a lien arises or is feed a5 a revue. of nempeyment. Grantor shall within fifteen (1 51 days after the hen arises or, if a Iran is tiled, within lateen 1151 days alter Grantor has notice of the filing, 50cvre the discharge of the lien, or if requested by Lender, deposit with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender in an amount eulfieiant to dieeharge the ken plus any costs and attorneys' fees, or other charges that could accrue as a result of a foreclosure or Sale under the lien. In any contest, Grantor, shall defend itself and Lender and shall satisfy any adverse judgment before enforcement ageinet the Property. Grantor shall name Lender as an additional obligee tender any surety bond furniseed in the contest proceedings. Evidence of Payment. Grantor shall upon demand Iurnett to Lender satisfactory evidence of payment or the taxes or assessments and shell authorize the Appropriate governmental Official to deliver 00 Lender at any time a written slat0meet of the taxes and assessments against the Property. Notice of Corwtruotlon. Grantor shall notify Lender at lease fifteen (1 50 days before any work is commenced. any services are furnished, or any materials are supplied to the Property, 0 any mechanic's ten, materia!men's ten, cr other lien could be asserted on account of the work, services, or materials. Grantor will upon request of Lender runtish to Lender advance exeureeces sat'stactory to Lender that Grantor can snd will pay tee cost of such improvements. PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property area pert et this Deed nt Trust. Maintenance of Insutande. Grantor shall procure and maintain policies of tire Insurance with standard extended coverage endorsements on a fair value basis for the full insurable value covering ell Improvements on the Rea! Property in art amount sufhcieni to avoid application of any oain5uranee Clause, and with a standard mortgagee clause in favor of Lender. Grantor shalt also procure and maintain comprehensive general liebioy insurance in such coverage amounts ea Lender may request with Trustee and Lender being named as additional insureds in such kability insurance policies, Additionally, Grantor she maintain sure other insurance. including Out not limited s0 retard, business interruption, and boiler insurance, as Lender may reasonably require. Policies shall be written in form, amounts. coverages and basis reasonably aCCODlabia to Lender and issued by a company or companies reeconably acceptable to lander. Grantor. upon request of Lander, will deliver 15 Lender from time 00 time the policies or certificates of insurance in form satisfactory to Lender. in0108109 stipulations that coverages will not be cenceiled or diminished without at least ten (1 O} days prior written notice- to Lender. Each insurance policy also she include an endorsement providing that caverns in favor of Lender will not be impaired in any way by any act. omission or default el Grantor Or any other person. Should the Rent Property be located in an arae designated by the Director of the Federal Emergency Management Agency es a 83094 flood hazard area. Grantor agrees to obtain and maintain Federal Flood insurance, if evadable, for the full unpaid principal balance of the loan and any prior kens on the property securing the loan, up to the maximum policy limits set under the National Flood Insurance Program. or as otherwise required by Lender, end to maintain such insurance far the term of the loan. Application of Proceeds. Granter shall promptly nobly Lender el any toss or damage to the Property. Lender may make proof 01 loss it Grantor fails 1.0 d0 091000110111180(01151 days of the casualty. Whether or not Lender's security is imported. Lender may, at Lender's election, receive and retain the proceeds el any insurance end apply the proceeds t0 the reduction of the 815739 03/12/2012 12:35:56 PM Page 3 of 8 Jean Alberto, Garfield County, Colorado Rec Fee: $46.00 Doc Fee: $0.00 eRecorded Loan No: 0463847101 DEED OF TRUST iContinuedj Page 3 Indebtedness. payment of any lien affecting the Property, or the restoration and repair of the Property. If Lender elects to apply the proceeds 10 restoration ane repair, Grantor shae repair or replace the damaged or destroyed Improvements !n a manner Satisfactory to Lender. Lender, shall, upon satisrectory proof et such expenditure, pay or reimburse Grantor from the proceeds for the reasonable cost of repair or restoration it Grantor is not in default under this Deed of Trust. Any proceeds which have net been disbursed within i80 days after their receipt end which Lender has not committed to the repair Or re$tOr6tien 01 the Property shelf he used brat 10 Pay any amount owing la Lander under this Deed el Trust, then to pay accrued interest, and the reminder, if any. shall be applied to the principal balance of the Indebtedness. if Lender holds any proceeds atter payment In Lull of the Indebtedness, such proceeds shall be paid to Grantor as Grantor's interests may appear. Grantor's Report on insurance_ Upon request of Lender, however not more than once a year, Grantor shall furnish to Lender a report on each existing po=ky of insurance showings 11] the risme of the Insurer: (21 the risks insured; 13) the amount of the policy, 141 the property insured, the then current replacement value of such property, and the manner of determining that value; and its) the expiration date of the policy. Grantor shall, upon request cf Lender, have an independent appraiser aeeslactory to Lander determine the cash value replacement cosy of the Property. LENDER'S EXPENDITURES. If any action or proceeding is commenced that would materially effect Lender's interest in the Property or 0 Grantor fails to comply with any provision of this Deed of Trust or any Related Documents, including but not limited to Grantor's failure to discharge or pay when due any amounts Grantor is required to discharge or pay under this Deed of Trust or any Related Documents. Lender on Grantor's behalf may (but shall not be obligated tut rake any action that Lender deema appropriate. including Cut net limited to discharging or paying an lazes. liens, security interests. encumbrances and Other claims, at any time levied er placed un the Property and paying all costs for insuring, maintaining end preserving the Property- Ail such expenditures incurred or paid by lender for such purposes will then hear interest at the rate charged under the Nate from the date incurred or paid by Lender to the dale of repayment by Grantor. All eve) expenses will become e pari of the indebtedness and, at Lender's option, will IAT be payable on demand: (81 be added to the balance of the Note and be epportianed emong end be payable with any installment payments to become due during either (11 the term of any applicable insurance policy: or 121 the remaining term of the Note; or (CI be treated 09 a balloon payment which will be due and payable at 1he Note's maturity. The Deed of Trust eiso will secure payment of hese amounts. Such right shall be in addition to all ether rights and remedies to which Lender may be entitled upon Default. WARRANTY: DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of this Deed of Trust: Title. Grantor warrants that: la) Grantor holds good and marketable title of record to the Property in fee simple, free and clear of til lions end encumbrances other then those set forth in the Real Prapetty description or in any title insurance policy, title report, or final title opinion issued in favor of, and accepted by, Lander in connection with this need el Trust, and {el Grantor has the lull right. power, and uutharity to execute and deliver this Deed of Trust to Lender. Defense ot Tfve, Sub:ect to the exception in the paragraph above, Grantor warrants and will forever defend the title to the Property against the lawful efaims of ail persons. In the event any action or proceeding Is commenced that questions Grantor's title or the interest of Trustee or Lender under ells Deed of Trust. Grantor shall defend the action at Grantor's expanse. Grantor may be the nominal party in such proceeding, but Lender shall be eniit[ed to participate In Me proceeding and to be represented in the proceeding by counsel of Lender's own choice, and Grantor will deliver, or Cause to be delivered, to Lender such instruments es Lender may request Prem time to time So permit such participation. Compiianee With taws. Grantor warrants that the Property and Grantor's use of the Property complies with all existing eppiicatee laws, ordinances, and regulations of governmental authorities, Survival of Representations end Warranties. All representations, warranties, and agreements made by Grantor in this Deed ot Trust shall survive the execution and delivery of this Deed of That, shall be continuing in nature, and shalt r8m011 in lull force and effect until such time as Borrower's Indebtedness Shall be paid in full. CONDEMNATION. The following provisions relating 10 0Ondemnatior proceedings area part a£ this Deed of Trust: Proceedings. If any proceeding in condemnation is tied, Grantor shall promptly notify Lender in writing, and Grantor shall promptly take such steps as may be necessary to defend the action and obtain the sward. Grentor me), be the nominal party in such proceeding. but Lender shall be entitled to partitipate in the proceeding and to be represented in the proceeding by counsel 0) 08 own choice, and Grantor will deliver or cause to be delivered to Lender such instruments and documentation as may he requested by Lender from time to time to permit such participation. Application of Net Proceeds. 11 all Or any pan of the Property Is condemned by eminent domain proceedings co by any preeeedirg or purchase in lieu of Condemnation. Lender may at its election require that all or any porion of the net proceeds Of the award be applied to the Indebtedness 0r the repair or restoration of the Property. The net proceeds of rhe award shall mean the award alter payment at all reasonable Costs, expenses, and etterne0S' fees incurred by Trustee et' Lender in connection with the condemnation. IMPOSITION OF TAXES, PEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provlsidns relating to governmental saxes, tees and charges area pan of this Deed of Trust: Current Taxes, Fees and Charges. Upon reeuest by Lender. Grantor shalt execute such documents In addition to this Deed et Trust and take whatever other action is requested by Lender l0 perfect and continue Lender's tion on the Reel Properly. Grantor shell reimburse Lender for Re taxes, es described below. together with ail expenses incurred in recording, perfecting or continuing This Deed of Trust. including without limiladon ill texas, lees, documentary stamps, and other charges for recording Or registering this Deed of Trust. Taxes. The following shelf constitute taxes to which this section applies: 111 a specific tax upon this type of Deed el Trust or upon all or any pert of the Indebtedness secured by this Deed of Trust: 121 a specific tax on Borrower which Borrower is authorized or required to deduct from payments on the Indebtedness secured by this type of Deed of Trust; 131 a tax on this type of Deed of Trust chargeable against the Lender 0r the holder of the Nola; and 14) a specific tax on all or any panion of the Indebtedness er on payments of principal and interest made by Borrower, 5ubeequenl Texas. It any tax to which this section applies is enacted subsequent to the data of this Deed of Trust, this event sha!l have the Same effect as en Event of Default, and Lender may exercise any or 011 of its available remedies for an Event of Default as prnwded below unless Grantor either (1) pays the tax before it becomes delinquent, or 121 contests ;he tax as provided above in the Taxes end Liens section and deposes with Lender cash or a sufficient corporate surety bond or other security aatisfautory to Lender. SECURITY AGREEMENT; FINANCING STATEMENTS. The fahowing provisions re[aling to this Deed ot Trust as a security agr84m8nt +rte a ran of this Deed of Trust: Security Agreement. This instrument shalt constitute 0 Security Agreement to the extent any of the Property constitutes fixtures, and Lender shalt have all of the eght0 of a Secured party under the Uniform Commercial Code as amended from rima to time. Security Interest. Deco request by Lender, Grantor shalt take whatever action is requested by Lender to perfect and continue Lender's security Mtere01 in the Rents and Personal Property. In edditi0n to recording this Deed of Trust in the real properly records, Lender may, at any time and without further authorization from Grantor, fila executed counterparts, copies Or reproductions of this Deed of Trust es a financing statement. Grantor shall reimburse Lander for all expenses incurred in perfecnng or continuing this security Interest. Upon default, Grantor shall not remove. sever or detach the Personal Properly from the Property. Upon defauk, Grantor shall assemble any Personal Property not affixed to the Property in a manner and at a place reesanebiy convenient to Granter and Lender and make it available se Lender within three 131 days after receipt at written 815739 03/12/2012 12:35:56 PM Page 4 of 8 Jean Alberico, Garfield County, Colorado Rec Fee: $46.00 Doc Fee: $0.00 eRecorded Loan No: 0463847101 DEED OF TRUST (Continued) Page 4 demand Rom Lender to the extent permitted by applicable law. Addresses. The malting addresses of Grantor (debtor) and Lender !secured perry) from which information concerrrny the security interest granted by this Deed of Trust may he obtained (each as required by the Uniform Commercial Code) are as stated on the first page at thin Deed of Trust_ FURTHERASSURANCES: ATTORNEY-IN-FACT. The following provieie08 relating t0 further assurances and attorney-imfact are a 03r1 of this Deed of Trust: Further' Assurances. At any time, and from time to time, upon request of Lender. Grantor will make. execute and deliver. or wilt cause to ba made, executed or delivered, to Lender er to Lender's designee, end when requested by Lender, cause rn be riled. recorded, reviled, or rerecorded, as the case mey be, at such tines and in such offices end places as Lender may deem appropriate. any and all such mortgages. deeds of vest, security deeds, security agreements, financing statements, continuation statements, instruments of further aSsurence, certificates, and ether documents as may, in the solo opinion of Lender. be necessary or desirable in order to effectuate. complete, perfect. Cant:nue, or preserve LI) Borrower's and Grantor's obligations under the Note, this Deed of Trust, and the Related Documents, and (21 the fiend end security interests created by this Deed of Trust es first end prior hens on the Property, whether row owned or hereafter acquired by Grantor. Unless prohibited by law or Lender agrees l0 the contrary in writing, Grantor shall reimburse Lender for all costs and expenses incurred ir, connect:an with the matters referred to in this paragraph. Attorney -in -Fact. (1 Grantor fails to do any of the reengs referred to in the preceding paragraph, Lender may do 50 for and In the name of Grantor and at Grantor's expense. For such purposes, Grantor hereby irrevocably appoints Lender as Granror's attorney.in-tact for the purpose of making, executing, delivering, Kling, recording, and doing au other things as may be necessary or desirable, in Lender's sole opinion, to accomplish the matters referred to in the preceding paragraph. FULL PERFORMANCE. Upon the fel: perlormaece of all 1he obligations under the Note and this Deed of Trutt, Trustee may. upon production of documents and fees as required under applicable law, release this Deed of Trust, and such release shall Constitute a release of the lien for all such addltienel Sums and expenditures made pursuant to INS peed of Trust. Lender agrees to cooperate with Grantor in obtaining such release and releasing the other collateral securing the Indebtedness. Any ralease fees required by law snail b0 paid by Grantor, i1 permitted by applicable law. EVENTS OF DEFAULT. Each Of the following, at Lender's option. shall constitute an Event of Oefa0Y under this Deed of Trust: Payment Delimit. Borrower tails to make any payment when due under the indebtedness, Other Defaults. Borrower or Grantor fells r'0 comply with or to perform any other term. obligation. covenant Or condition contained in this Deed of Trust or in any of the Retread Documents er to comply with nr to perform any term, nhligsden. covenant or condition contained in any other agreement between Lender and Borrower or Grantor. Compliance Default. Failure to comply with any other terns, Obligation. covenant 01 condition contained In this Deed 01 Trust, the Note or In any of the Related DOcumentO. (Default on Other Payments. Failure of Grantor within the time required by this Deed of Trust m make any payment for taxes or insurance, or any other payment necessary to prevent tiling of or to effect discharge of any lien. Default In Favor of Third Parties. Should Borrower or any Grantor default under any loan, extension of credit, security agreement. purchase or 3afee agreement. Or any other agreement. i0 favor of any other creditor or person that may materially ef(e01 any of Borrower's or any Grantor's properly or Borrower's ability to repay the Indebtedness or -Borrower's or Grantor's ability to parfann their respective Obligations under this Deed of Trust Or any of the Related 00c0menls. False Statements. Any warranty, representation or statement made or furnished to Lender by Borrower or Grantor or 3,1 Borrower's or Grantor's behalf under tide Deed of Trust or the Related Documents is (else or misleading in any material respect, either now or et the time made or furnished Or becomes false or misleadieg et any time thereafter, Defective Collateratiisavon. This Deed of Trust or any of the Related Documents ceases to be in lull farce and effete lindudiny failure of any collateral document to create a valid and perfected security interest or lien) at any time anti for any reason. Death or €nsolvaneyi The death of Borrower err Grantor, the insolvency of Borrower or Grantor, the appointment of a receiver for any part of Borrower's or Grantor's property, any eeoigement for the benefit of creditors. any type of creditor workout. or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Borrower or Grantor. Creditor Or FOrfeiture Proceedings. Commencement of foreclosure er forfeiture proceedings, whether by ju010101 procaadirg, self help, repossession or any other method. by any creditor of Borrower or Grantor or by any governmental agency against any property securing the Indebtedness. This includes a garnishment of any of Borrower's or Grantor's accaunt5. including aepoeit accounts, wrIh Lender. However, this Event 01 Default shall not apply if there ie a good faith dispute by Borrower or Grantor ss to the vatidlty or reasonableness of rho claim which is the basis of the creditor or forfeiture proceeding and if Burrower or Grantor gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety hond fpr the creditor 01 forfeiture proceeding, in an amount determined by Lender, In its sole discretion, as being an adequate reserve or bond for the dispute. Breach of Other Agreement, Any breach by Borrower or Grantor under the terms of any other agreement between Borrower or Grantor end Lender that Is not remedied within any grace period provided therein, in01<00<ng without l:mitatien any agreement concerning any indebtedness or other ebl'iigation of Borrower or Grantor to Lender, whether existing now or tater. $vests Affecting Guarantor. Any of the preceding events Occurs with respect to any guarantor, endorser. surety, or accommodation party of any of the Indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes incompetent. or revokes or disputes the validity of, or liebility under, any Guaranty at the indebtedness. Adverse Change. A materiel adverse change occurs in Borrower's or Grantor's lineeeiai condition, or Lender believes the prospect of payment or performance of the Indebtedrwss is impaired. Inaecurhy. Lender in goad faith believes itself insecure. Right to Cure. If any default, other than a default in payment is curable and if Grantor has not been given a notice of a breach of the same provision of this Deed of Trust within the preceding twelve 1121 months._ it may he cured if Grantor, after Lender sends written notice to Borrower demanding cure 01 such default Ill cures the default within hvoniy 1201 days; or 121 if the cure requires more than twenty 1201 days, immediately initiates steps which Lender deems in Lender's sole discretion to tat sufficient to cure the default end thereafter continues and completes ad reasonable and necessary etepa sufficient to produce compliance as 500n as reasonably practical. RIGHTS AND REMEDIES ON DEFAULT. Lf en Event of Default occurs under this Deed of Trust, at any time thereafter. Trustee nr Lender may exercise any one or mare 0f the fol owing rights and remedies: Election of Remedies. Election by Lender to pursue any remedy thea not exclude pursuit of any other remedy. and an election to make expenditures or to take action to perform an obligation of Grantor under this Deed of Trust, atter Gran101'0 failure tp perform, shall not affect Lender's right to declare a default and exercise its remadles. Aodeterale Indebtedness. Lender shall have the right at its option without notice to Borrower or Grantor to declare the entire Indebtedness immediately due and payable, including any prepayment penalty which Borrower would be required 10 pay Foreclosure. Lender shat) have the right r'0 cause all or any part of the Real Property, and Personal Property, if teener decides re 815739 03/12/2012 12:35:56 PM Page 5 of 8 Sean Aiberico, Garfield County, Colorado Rec Fee: $46.00 Doc Fee: $0.00 eRecorded Loan No: D463847101 DEED OF TRUST (Continued} Page 5 proceed against it as if it were rear properly. to be gold by the Trustee according to the laws of the Slate of Colorado as respects forstiosures against real property. The Trustee seal) give notice in 5ccofdance wen the laws of Colorado. The Trustee shalt apply the proceeds al the sale in the following order: (a) to so costa end expenses of the sale, Including 6.1 not timeed to Trustee's fees, attorneys' tees. and the cost of tee evidence: fig to all sums secured by this Deed of Truer: and Ic( the excess, if any. to the person Or persons legally entitled to the excess. UCC Remedies. With respect to all or any par) of the Personal Property, Lender shall have ell the rights and remedies cf a secvred party under the Uniform Commercial Code. Collect Rents. Lender shall have the right, without notice 10 BOrrewer or Grantor to take possession of and manage the Properly and cored the Rents. including amounts past due end unpaid, and apply the net proceeds, over and above Lender's costs, age€net the indebtedness. In furtherance 01 this right, Lender may require any tenant or other user of the Property to make payments of rent or use tees directly to Lender. If the Rents are collected by Lender. then Grantor irrevocably designates Larder as Grantor's attorney -m -fact 10 endorse instruments received in payment thereof in the name of Grantor and to negotiate the same and collect the proceeds- Payments by tenants or other uaers to Lender in response t0 Lender's demand shall Satisfy the obligations tar whirh the payments are made, whether or net any proper grounds for the demand existed. lender may exercise its rights under this subparagraph Dither in perecn, by agent, or through a receiver. Appoint Receiver. Lender shall hove the right 10 have a receiver ePp6mted to take po&seeSiOf of a!1 Or any part of the Property, with the power to protect and preserve the Property, to Oeerete the Property preceding foreclosure et sale. and t0 collect the Rents Nem the Properly and apply the preeeeds, over and abOva the cost Of the receivership. against the Indebtedness. The recervor may serve without bond if permitted by law. Lender's right t0 the appointmere of a receiver shall exist whether Or n01 the apeareni voice of the Property exceeds the Indebtedness by a substantial amount. Employment by Lender shall not disGuality a person from serving as a receiver. Receiver may be appointed by a court Of competent jurisdiction upon ex parrs 509110811100 and without notice, notice being expressly waived. Tenancy at Sufferance. If Grantor remains in possession of the Property after the Property is sold as provided 8bere or Leader otherwise becomes entitled 50 possession 01 the Property upon default of Borrower or Grantor, Grantor shall become a tenant et sufferance of Lender or the purchaser of the Property and shalt, at Lender's option, either 111 pay 8 reasonable rental for the use 01 the Property, or (21 vacate the Property Immediately upon she demand of Lender. Other Remedies. Trustee or Lender shall have any other right or remedy provided in this Deed of Trust or the Note or available at law or in eqully. Sale o1 the Property. In exercising its rights and remedies, Lender shall be free to designate on or before it flee a notice o1 election and demand with the Trustee fleet the TRANS.!. see all or any part of the Property together or separately, in one sale or by separate safes. Lender shall be entitled 10 bid at any public sale on all or any portion of the Property. Upon any sale of the Property. weethee made soder a power of sale granted in this Deed of Trust or pursuant le judicial proceedings, 1f the herder of tare Nile is a purchaser at such sale, it shall he entitled to use and apply al!, or any porion of, the indebtedness ler or in settlement or payment et all, or any portion of, the purchase price of the Property purchased, and, in such case. Ihis Deed of Trust. the Note, and any documents evidencing expenditures secured by this Deed of Trust shall be presented to the person cunductrng the sale in order that the amount 01 Indebtedness s0 used or applied may be credited thereon es having heen paid. Attorneys' Fees: Expans ea. If Lender forecloses or institutes any suit or action to enforce-8ny Of the terms of this Deed et Trust. Lender shall be en1.11ed to 100005r such sum es the court may adjudge reasonable as attorneys' tees et trial and upon any 8pp^81- Wherher or net any court action is involved, end to the extent not prohibited by law, an reasonable expenses Lender incurs that in Lender's opinion are necessary et any time for the protection of its interest or the enforcement of its rights shall become a part of The Indebrednesa PaYable an demand and Shall bear interest et the 45018 rate from the date of the expenditwa until repaid. Expenses covered by this paragraph include. without limitation. however sulee0t t0 any limits under 8ppliCahle law, Lender's attorneys' lees whether or not there is a lawsuit, including etlarne'ys' fees and exp805es for bankruptcy prOceedinge lincluding efforts to modify or Were any automatic stay or injunctlore, appeals. and any anticipated post -judgment col/action services, the test of searching records, obtaining title reports (including foreclosure reponse, surveyors.' reports, and appraisal tees, tieis 1n5818n00, and lees for the Trustee. to the extent permitted by 8ppPoeble law. Grantor x150 will pay any cow( costa. in addition to ell other sums provided by law. Rights of Trustee. To the extent permitted by applicable 1810, Trustee shall have all of the rights end duties of Lender as set forth in this section. NOTICES. Any notice required to be given under this Deed of Trust, including without limitation any notice 01 default and any notice of sale shall he given in writing, and shell be effective when actually delivered, when actually received by teletecsimile !unless otherwise required by law). when deposited with a nat.:welly recognized overnight courier, or, it mated, when deposited m the Unrte0 States mail, es first class. certified er registered melt postage prepaid, directed to 1:14 addresses shown neer the beginning 01 this Deed of Trust. All espies at notices of foreeloeure from the holder of any fen which has priority over this Deed of Trust shall be sent to Lender's address, as shown near the beginning of thi5 Deed of Trust. Any party may change its address tar notices under this Deed of Trust by giving formal written notice tO the other parties, specifying that the purpose et the notice is to change the party's eddra5s- For notice purposes, Granter agrees to keep Lender informed et all ernes of Grantor's Current address. 1.1n1855 otherwise provided or required by few. if there is more then one Grantor, any no1118 given by Lender to any Grantor 15 deemed to be notice given to a'1 Gronturs. MISCELLANEOUS PROVISIONS. The fallow lag miscellaneous provisions ars 8 part of this 0000 08 Prise AMendreents. This Deed of Trost together with any Related Dseumenls, constitutes the entire understanding and agreement of the narG8S as to the rashers Set forth 1n this Deed of Trust, No alteration Of or amendment t0 dee Deed of 10558 sh811 be effective unless 9i400 in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment. Annual Reports. If tee Property is 10811 for purposes other than Grantor's residence, Grantor shall furies') se Lander, upon rannesl. 8 certified statement of net operating income received lrOm the Property during Grantor's previous fiscal year in such form and detail as Larder shall require. "Net operating income' shall mean all c85h receipts from the Property less all cash expenditures made in connection with the operation of the Properly. Caption Headings. Caption headings in this Deed of Trust arc far convenience purposes only end ere not 10 be used to interpret or define the prov'nrOns of this Decd of Trust. Merger. There shall be no merger 01 the interest or 881048 created by this Deed of Trust with any other Interest 08 estate In the Properly at any time held by w for rhe benefit of Lender in any capeoey. without the written consent 01 Lender. Governing Law, This Deed of Trust will be governed by lederal law app4cabee to Lender and, 10 the extent net preempted by federal taw, the laws of the State of Colorado without regard t0 Its conflicts 02 law provisions. This Deed of Trust has been accepted by Lender in the State of Colorado. Choice of Venue. If there is a lawsuit, Grantor agrees upon Lender's request to submit to the jurisdiction of the courts of Garfield County, State of Colorado. Join" and Several Liability, All obligations of Borrower and Grantor under this Deed of Trust shall be join) and several, and all references to Grantor shall mean each and every Grantor, and all references 10 Borrower shall mean each end every Borrower_ Thismeans that each Grantor signing below is responsible for all obligations in this Deed of Trust. 815739 03/12/2012 12:35:56 PM Page 6 of 8 Jean Alberico, Garfield County, Colorado Rec Fee: $46.00 Doc Fee: $0.00 eRecorded Loan x40: 0463847101 DEED OF TRUST (Continued) Page 6 No Waiver by Lender. Lander shall not be deemed to have waived any rights under this Deed of Trust unless such waiver is given in writing and signed by Lender. No dewy or omEssicn on the part of Lender i my any right snail operate ea a waiver of such right or any Other right. A waiver by Lender of a provision of this Coed 0f Trustshellnot prejudice or constitute a waiver of Lenders right otherwise to demand strict compliance with that provision or any other provision of this Deed of Trust. No prior waiver by Lender, nor any course of dealing between Lender and Grantor, shall constitute a waiver of any of Lender's rights 0r at any 01 Granter's obligations as to any future transactions. Whenever the consent of Lender ie required under this Deed of Trust, the granting of such consent by Lender in any instance shall not constitute continuing consent rp subsequent instances where such consent is required end in ail cases such consent may be granted or withheld in the sole discretion o1 Lender. Severability. If a court of competent jurisdiction finds any provision of this Ceed of Trust 10 be illegal, invalid, or unenforceable es to any circumstance. that finding shay not make the offending provision 'liege!. invalid, or unenlOroeeble as to any other circumstance. If feasible. the offending provision shall be considered modified so that it becomes legal, vatid and entorcerhle. 11 the offending provision c0nn01 be s0 modified. it shall be considered deleted from this Deed of Trust. Unless otherwise required by law, the illegality. invalidity, or unenforceability of any provision of this Deed of Trust shall not effect the legality. validity nr enforceability 01 any other provision of this Deed of Trust. Successors and Assigns. Subject t0 any limitatiorts stated in this Deed of Trust on transfer of Grantor's interest. this Deed of Trust shall be binding upon and inure to the benefit of the parties, their successors and assigns. if ownership of the Property becomes vested in n person other than Grantor, Lender. without notice 10 Grams, may deal with Grantor's successors with reference to this Deed of Trust and the Indebtedness by way of forbearance or extension without releasing Grantor from the obligations of this Deed of Trust or liability under the Indebtedness. Time is of the Essence. Time is of the essence in the performance of this Deed of Trust. Waive Jury. Ail parties to this Deed of Trust hereby waive the right to any jury trial in any action, proceeding, or counterclaim brought by any Party against any other party. Waiver of Homestead Exemption. Grantor hereby releases and waives art rights and benefits of the homestead exemption laws of the State of Colorado as to all Indebtedness secured by this Deed of Trust. DEFINITIONS. The following cephalized words and terms shall have the following meanings when used in this Deed of Trust. Unless specifically stated to the contrary, all referencet 10 dollar amounts els!1 introit amounts in lawful money of the United States of America. Words and terms used in the singular shall include the plural, and the plural shall include the singular. as the context may require. Words and terms not otherwise defined to this Deed of Trust shall have the meanings attributed to such terms in the Uniform Commercial Code: Beneficiary. The ward "BanefiCiary" means Alpine Bank. A Colorado Banking Corporation, and its successors and assigns. Borrower. The word 'Borrower' means RICHARD N. JAMES and MARY F. JAMES and includes ell co-signers and ca -makers signing the Note and all their successors and assigns. Deed 0f Trust. The words 'Deed of Trust' mean this Deed of Trust among Grantor, Lender, and Trustee. and includes walnut limitation all assignment and security interest provisions relating to the Personal Property and Rents. Default. The word 'Default' means the Default set forth in this Deed of Trust in the so0tlon titled "Defaun'. Environmental Laws. The words "Environmental Laws" mean any and all state, federal and focal statutes. reyuleliuns 011 ordinances relating to the protection 01 human health or the environment, including without lin-nation the Comprehensive Environmental Response, Compensation. and Liability Act of 1980, as amended, 42 U.S.C. Section 9601. of seq. Y'CERCLA" t, the Superfund Amendments and Reauthorization Act at 1986. Pub. L. No. 99-499 I'SARA"!, the Harardpus Materie!5 Transportation Act, 49 ll.S.C. Section 1601, et seg., the Resource Conservation and Recovery Act. 42 L.S.C. Section 8901, et seq.. or other appliCLble Vete or federal laws, rules. or regulations adapted pursuant thereto. Event or 0efe5R. The words "Evens of Default" mean any of the events of default set forth in this Deed 01 Trust in the events of default section of this Deed of Trust. Grantor. The word "Grantor' means MARY F. JAMES. Guaranty. The word "Guaranty' means the guaranty from guarantor, endorser. surety. or accommodation puny to Lender, including without limitation a guaranty of dl1 or pert of the Note. Hazardous Substances. The words 'Hazardous Substances' mean materials that, because of their quantity. concentration or physical, chemical or tnfaatioue characteristics, may cause or pose a present or potential hazard to human health or the environment when Improperly used, treated, stored, disposed of, generated, manufactured, transported cr otherwise handled. The wards "Hazardous Substances" are used in their very broadest sense and include without limitation any and air hezarilous or toxic substances, materials Or waste as defined by or listed under the Environmental Lows. The term 'Hazardous Substances" also includes. without limitation, petroleum and petroleum byproducts or any fraction thereof and asbestos Improvements. The word "Improvements' means all existing and future improvements, buildings. structures, mobile homes affixed on the Real Property. facilities, additions, replacements and ether construction on the Real Property. Indebtedness. The ward "Indebtedness' means all principal, interest, and other amounts, costs and expenses payable tinder the Note or Related Documents, together with all renewals of. extensions of, modifications of. consolidations of and substitutions for the Note or Related Documents and any amounts expanded or advanced by Lender to discharge Grantor's obligations or expanses incurred by Trustee or Lender to enforce Grantor's obligations under this Deed of Trust, together with interest on such amounts as provided in this Deed of Trust. Specifically, without limitation. Indebtedness includes elf amounts that may be indirectly secured by the Cross-Collateralitation provision of this Deed of Trust, Lander. The word "'Lender' means Alpine Bank, A Colorado Banking Corporation, its successors and assigns. Note. The word "Note' means the promissory note dated January 30. 2012. in the original principal amount of 5179,000.00 from Borrower to Lender, together with an renewals of, extensions at, modifications of, refinancings of, consolidations of, end substitutions for the promissory nate or agreement. Fite maturity date al the Note is February 5. 2017. NOTICE TO GRANTOR: THE NOTE CONTAINS A VARIABLE INTEREST RATE, Personal Property. The words 'Personal Property" mean all equipment, fixtor05, and Other articles of personal property now or hereafter owned by Grantor. and now or hereafter *ruched or affixed to the Reel Property: together with 211 5GGGar'ens. penis. and additions to. ell replacements of, and all substitutions far, any 01 such property; and together with all proceeds 'including without limitation 811 insurance proceeds and refunds 01 premiums' from any sale or other dispaeillon el the Property. Property. The wird "Property" means collectively the Real Property and the Personal Property. Real Property. The words'Real Property' mean the real property, interests and rights, as further described in this Deed of Trust. Related Documents. The words "Related Documents' mean all promissory notes, credit agreements. !pan agreements, environmental agreements, guaranties, security agreements, mortgagee, deeds 01 trust, security deeds. colleterai mortgages. end all other instruments, agreements and documents. whether now or hereafter existing, executed in connection with the Indebtedness. Rents. The word 'Rents' means 011 present and future rents, revanche. income, issues, rdyaities, profits, and other benefits 815739 03/12/2012 12:35:56 PM Page 7 of 8 Jean Alberto, Garfield County, Colorado Rec Fee: $46.00 Doc Fee: $0.00 eRecorded DEED OF TRUST Loan No; 0463847101 (Continued) Page 7 ar:ved ,on ;he Property. Trustee. The .vend "Trusted" means the Public Yroetee ar GAOFIELO Cow-ty. Colorado. GRANTOR ACKNOWLEDGES HAVING READ ALL THE PAOVLStONS OF THIS DEED OF TRUST, AND GRANTOR AGREES TO ITS TERMS. GRANTOR: X r�• IT MARY FLJAMES, INDIVIDUAL ACKNOWLEDGMENT STATE OF v't,(;)A. ,_.,__',..____._.._ I ,t,•` ,, r .ISS ��, H !41,,,,, COUNTY OF�j ,L,f1il./1_ 1 ; O_.�L�GTAp •.t1,4: =.e ..10: On this day before me. the undersigned Notary Public. personally appeared MARY F. JAMES, to me 8nown to be' the indil t described in and who executed the Deed of Trust, and acknowledged that ha at signed the Deed o1 Alt 8,arEid i8khet, voluntary alt and deed. for the uses and purposes ein mentioned. , r) ©iNenll'er�QeJ mYf'ha and Ohio ti seal this .^� 1r�~ day of __ �C jr ,/I , , y11t`Xf � � � '}�_ r r itnsiding et `,. i i J`' F �p �! Notary Public in and for the State of_ i;;' . / tib Lam~~ My commission expire s 'tJ i Ur `Ma e' 7' * i ._ ASER PRO Lending. Ver. 5.58.20.001 Copr. Harland financial Solutions, inc. 1997, 2012. 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Z.% 4.4c-c,c1 61. ,,,..; -4, ......,.....4 • (_ €2 ,.........". <2,,,v,,....,/ se 4i 1{1 07 A. C...,.e4.••••-wk-.1 CA.,' 711 Aer-C.-4:/c7.'1 6/17 368 w.ie,ro PHX4WIePTLOF AND MOIL MITES 2AT3ar'2-1 O7.-.^^ms.....wl�.. THE // MITE) STATZS OF AMERICA, Certificate? To all to Whom these >freaeszte shell Dame. tlb$liiitwi'G: ha_$._de � en Lho General Laird Office of the Unita Safes a Certificate of the 1 e L ter of the Land Office at pGfcc aR...-41-2..440‘______-.....whm4eby a appears that full payment has been made by the said /, aocortttmg to the provtstone of the .oat of Oongress of the 04th of RPM& 18E0, entitled "In .lot making further pro - Melon for the sale of the ,'abide Lands," and the dots sappiementat thereto, for /.4 .fa o tea. ‘44-ei ax K ,! o-cr aa -G -0 t- df.1:c.� ' aeoorddrbg to the official Plat of the Survey of the said Lands, reformed 10 the General Land Office' by the Susuei/or Odium; which said Tract has been purchased ay use *am„ NOW gilarve To, That the Unitad Bfat®s of 4naertca, im oonsideratdom of tiro premises, and an conformity With the several 4ots of 0111105688 tib such 0446 Made and provided, have given and granted, and by those presents do giro and grant unto the and to.—...14f-As—hea7v, oho said Tract—above desorzied: To Have and to Hold the same, together with all the rights, privileges, immunities and ceppurtenamoss, of whatsoever naive, thereunto belonging, unto the said - ----2/ZAAVetZ,f and to....ke44-,.,11e&a and assign forever; sulifoot to any meted and aoorued water rifhto for »aimin¢, agri- cultural, manufacturing or altar purposes, and rights to nitches and reservoinf used to connection with such 10011314 rights as may 513 recognized and acknowledged by the local customs, law and d stone of Courts, and aIle suJooe to th$ right of the proprietor of a vets or lode to extract and ramous his ore therefrom, should the be fo and to s or, est th prarratses h6rebyntea', �-Zn ee unr herein... �.w - Yl�iill t of lea UllI Blau of imams, heave *cussed these letters to be made patent, and Ma ,seal of the General Land Office to as herawnto af)Z.rad. under nay hared, at the City f frashtmgtom, the day of an the year of owr Lord one thousand eight hurarla mrd.- , and of the independence of the United Stades the one hxandred'andeJ'S` ..„ J eeordar of the GmteraE Latut Office, Rtoordecd, [ k3I Oi ..riled for Sword Boole.. E Pty 38 PATt 0E10 TO PLACER 0tAle1L.-{445 and 4-4O0A) eia.,H e.RaeJR •i Bea. .au..M. V M, too.. Okbe 1..L.n ..J a.\1>att!, 1. Fnt.. Mw } OP bio iad 1lj da, .lt Mu• Cha Sita y, GFNFIRATi TIAND O I IGhi No. -//%1(y. _........ I INENAI) 65EIVIAIGAMB THE UNITED STATES OF AMERICA, To all to A.V1'sam theso Presents ahs311 Carne ---Gid E;1:1'1N(le TYH.SRE✓1 S, in pr.rmnnna of the pronklan, of tlu Rethed ktatrsks nJ the United Staler, CA¢titar Sia, ?Me Wm, and lalistdairt el.pptemanaal rir rpro, Mit-411.0 Caen dep,taua2 an ao CEO IOISEcL I.-71[40 OP -0.10O It Me VW/w7 .4tnte �' L . `F':<X�.KJ>'.�p4i P. -- �4flaQ.,-_. ilia CartiJMate ... f�r ..f the Regitftr of Ehe I.anei Odioe ne � to iha-f./..-._.._- ....... aeeednanie.i by other ovineu,d idarretv 41 eppaarrii Mat / ele&c.A.4€,, E;(-:;( — % v aft cR aha L.. mining calyx add int', 114,11 d'ir0 D. daffy enlar unci p. that contain YL„Ill G(.fiL It /(-Eti fdo- rte. JAI I ., (,c. -07 Gc} e.� / . c? -4," c,L/ `Y 4 ecce erLd Z?ri, 7-7-'1,XA/ 4./ ` -4;z- ... cX2x1 c 0-(44/- ,02-4d -c44/- -�', ��21Y�/�Yl�,c "t1"fi(-l-` va '214,-1.1:- —;11,42/LA L� l f 1 6-• t_e ....e..4 `p• -f )/ 1.? 1-(-4-t-a7646,61 -Aci-c_kZe./- • 6t()Tiea A , A e ..„4-11 0- a -GI. LJ '4 e-cLi/ I ei-Le.4 'Ito P- _-0.---(-Gv i .L.f..,(/ a..-t-ja-u-ce :27-4/ "2---)t- a-4 -.9.---d /-i-a-4-(--c-cx-14( r/':-1')/1,4:4 --_, 1/ -,,,Aix a..e 1 1 -A2,,,,, 6- ..e.i. (2I -La _<.i...e._,/,-to---6,-- p-e.c:t4c/ -0-2,(,f, /- ,,,,adcfef ,CLA---dALeA, t2-Ct-1A4 hiiwd .O • . I - e/C-,c•- r.--- • cy.a (- ; __(__</--0-•-:1L. a...(..<.._d . tiaz,--4, •-• --cA _46.4( f%;9 L 7-7-1-41-74 , wa-X, ./...,,,, 4 --e---e-4.--_, 1--L 4..k2 /00-4-(----A- ,a4Ac 07-u2--- t& -i - ac -6_.4eci -A-ctij,„ I-- ,,-- 1? -4. -ay?„..., 0 „L4.<„k /0_,e,e,„- o_c..,L,--- . ---- • .., .. ,t6c4t.L.41.4. ,La4.41 ,tit•oc4.4 , i ( /0 4-6 14 1. J 1 /j O2I r fi *1k' 'fes. e--60 l � Z'��I�L c4fri1 11._e4_43.J—Gi��.c 442-tri7 eaXie �p / �y..04- e-a-1 r/ c_. c C�1rt.c1<-E-v� ooe Pio 1P /��t2-u_Grnl r ari�rD7 4 Ci 4 oqckklu 7e.ulr, ' � � C 3 7- Now Know Ye, 7hot Piero i4 rherefora hereby GRANTER by the Wean aTATOR unto the ants... .....-.. ..... ... Cucrrt(� 171v 1LA it/L-o-H4 041114 •(/...`j .and oseffnf, the tr&t plata min#np pr mire, herein6ofens dttebed. 70 11,4 171 .d ill) TO J10XD rate minloci+ preociree, together with oil the r kti, privitaj irnrrwnlldee and Opper144011 et of uJwteo- r eler nature thereunto betong1ng, unto the mid granteeAabor t named, and lo--- .. ...... jQr(/} _._ ._- __..--_.,......._,.... .. ..- and msftpne forever: tuu$jee4 netrerlhelere to the Meowing auditions nate stipntotione, FIRST --Thad the grant hereby rnade It ruleioted in Ur exterior limits to the benndarire ofahe told mining prnnh.en, and to any Leine or dadee of gmoslr or other rook M tdace bearing ytotd. ei1uer, cletnehar. lead, tin, upper, or other 411 ableuo .ts 4th, may Kao, been dilaoaerea 1 wiWan said Vmies subsrauene to and which mere not known to d an the. 4.'4.4 . ¢fin day f tet.4.i.X. 'Yl u 111777 o. te, ono tharoahnd right hundred and-.. ....- FRCONP--That Amalfi any ee rt or /9110 of 40004 cr olher reel( In plana touring gold, Won: cinnabar, bag. tin, eopprr, or other twt,rahia ddep'ort4, be 940441411 or known to rxtrl WIN,. the about r/eeeribed Jnrmiera at fold Prat gamed date, the 040(4 le ra/rrrvrttt excepted and 4.441(444,4 r • 0.4 awe preteatt. 2I1IRD-4/ n4 the perrtitee hereby an 1+'ytd ata y be entered by 4110 prnpri1tor of any 1411 or fade of quarts or other reek in plane bearing fold, elluner, cinnabar, tend, OIL, copper, or other hit ere44 depe1B. f r the purport of ertroolfag and rernoohlg the ore from. .girth veil or W., thou Id the lame or any pare Memel M /mind to peneh erre, interact, pare through or flip tato rho nt$tnp pound 4.r tlrrrniret ltarnbp gran fed, 701/X10-41,40 tlw prEaellet hrrcb;t eoncrltad short be held n11jeel to any wiled and aarrurd mAer rlphdt far 1ntnlnj, agrknttI1 ntarue. fnatartng or other pawpaw, and riphlt to dtlehee and relrrtalrt rand in tmsrreattoa with. such center etskta or rorty br r,¢vPie44 044 neknrur- tedJtd by the tonal lam, onetamr and dratetone of tonne. PIXTN--That in the nbre,uu of neatstery kOfflatien 1111 C,njrru, the Lepitlatrus of. ......? _: - ,. ...,._.__..... _...... .................. ..,...._.._ may proid,to ruin for workln. 1ha moo's, 1104111 1r pr -niter hereby granted, 1ataleinj eaentlatt. driinap( enr1 other neernary meant la the romp410 derxtoinneet thereof. JN TISTI.1fO.N.Y Tr.RF/IIOJ, I. 17o- jl` /YJ _ ,YRESThIXT OF TOR UNITED 774763 0f' .4.J/IXRW47,4. hat rnurn4 there lettere to be made AdT1.N1•, nein ire SEAL OF TNR OlfhlRJ4L r42.'n ONPIJE to he hertman aly.red. 0IY1SN render my rand nt the 1/lily a/ lV'uhlntlon, Ore. _ ln the pear of oar Last one thcrnsand elpht 10e104 rvlRYENDR,VCE or TOE t1NITXn /TATE., the one hundred and. e tz.c, ".r, BV 1110 PRfiil GfirlTr -f,.fj Recorded lAl;r ?_.paper .Indruiue. Filed for Bawd the. __ ... tA.Q .__.......day oj...... 3''WPef"'47Ltr.... ?✓• 77G11 _day et. .72.4..414 Gi-;�.._-..amt o/ the tri te ."..s xr!. Soare1ary.y Xrmreter of 1hs 0001(41 Load Oiler. dJ, X.d(o ...Rrconkr. .. Deputy. t - 9I.i,z7353 PBI-AMTTNJN AND OLOH BNTRY PATINT.-'n. O.e p.al Prinllnl.11 eMCaoan 00, Wevda 9orivn. Cala .ui, THE UNITED STATES OF AMERICA. Certificate no 47 To ALL TO WHOM THESE PRESENTS SHALL COME, GREETING, Whereas,.... 41.,rix? ..-- ff _- 'a..,a i-�4� d ` —LLL. haat..deposifedpQinppthe General Lad 0,°a ofthe United States a Certificate of the 1 &Qistar of the Land Office ad el!rn......miccd�.✓--++-4a.n., ...- ".cra..e.L._whereby it appears that full payment has been made -by the said ro- according to the provisions of the .Rot of Congress of the $.4th of April, 1880, entitled An act making further pro- vision vision for the .sale of thePublic Lan ---,.^+\. ds,'' and the acts supplemental thereto, foor......._ ...— _. _ .i.}},_, Zia, ,.,_ _km,/LW, -0_,,,,,_,,._ JJ_it..f Y,.,,„,-•YY✓1.,_ -- -,4f,I.1 ,,,_,,,,_fV,1-4�J:yt--;-- . 1.-dJ....-v_J-yl.-_IJLu_ A-- rIa•-,-� -✓%,,�,/-,,e -iLW W_ .J, 'v " --.,.t_^_ eQ)Jtf/.-;.-J(-2, «-_P AR i --.t ,._ .1 fin.-. r P . ! —e ' , . �aQa.1.4 ,Q -,,a_.,- ,.,�a„ iLL,,,t_,,_ mi ,f 4 n._� _-.....„ -,,.. AQ 0.-,..,..d -t.,1-,...1., .- .,.,-..,.41- ------------- according to the Official Plat of the ,Survey of the said Lands eturned to the Ge' cal Land. Office by the Surveyor l General, which said Tract_ -.fin. -&L parahased by the said- ll-...-�n.r_-- -been flow Know Ye, That the United States of .America, in consideration of the premises, and an conformity with Ma several dots of Congress in such easSe made q, ad provided, have given and granted, and by these presents do -y..es give and �t nt unto the said_ .s .A &-v ...Jthe e said Tical...above described: CO &toe and to $old the same, together with all and to. .--. t rights, privil immunities and appurtenanoes, of whatsoever nature, thereunto belonging, unto the said 14 a.�Y]j(jLot o. and to.... he.7.t..»-..emirs and assigns forever; subject to any vested and aoorued water rights for mining, ag'ri- oralttal'at, manufacturing or other purposes, and rights to ditches areal reservoirs used tomann-Hon with such water rights as MITI/bd. recognized and acknowledged by the local customs, taws and decisions of Courts, and also sr.bjeet to the right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the rams be found t0 penetrate OP intersect tics premises hereby granted, as provided by law, and there is reserved from the lands hereby granted a right of way thereon for ditches or canals constructed by the authority of the United States, Yn Cesllmonp Meteor, I, ,,,+. �._J,77s� µ3a President of the United States -of Anserioa, have 0aiesod these letters to a made patent, arid the Seal of the General Land Office to be hereunto a d. _ Woo under my hand, at the City of Washington, the C [d }til o $rar�o day of d .6.S ..,---.-.-_, in the year of our � ono ehousand,T� 4, hundred ami 1L.s L I __, and of the Independence of the United SEAL, States the, one handrail arui &.,a.e. o rwi • M\�\� p� o�4i Bp for Presidents _/_ _ .,, __ By . `` n a 1C fr-!...... ._Secretary. • f)- p t_s. ReAaorder the General of bond Office. n Recorded, Y'od,_.s�l_ . :__...._ Page.... .,2.L... -lriled for Record the_.._!. -.»..--._ -.-_day of_ 4 a 190_2 at -1/ -Sfi o'clock �j f, By. i ca' :,,. GSL - — _Deputy, ti "it 1111„-- i i 1, ' { !i ! -.. -iii • . II 1 In ;14" : - 1 A I! • • Surficial Geology.. Garfield County. Colorado - ' Yi, !; . I j 111 c. ,-r sir - I/ 0-- ,/ -------- ti!}il . r l I s 51 n t1 114111' !Dc 1f . uuII !pit' Ii Iter MI it Map unit: 42 - Fluvaquents, 0 to 10 percent slopes Component: Fluvaquents (90%) The Fluvaquents component makes up 90 percent of the map unit. Slopes are 0 to 10 percent. This component is on flood plains, valley floors. The parent material consists of mixed alluvium. Depth to a mot restrictive layer is greater than 60 inches. The natural drainage class is somewhat poorly drained. Water movement in the most restrictive layer is moderately high. Available water to a depth of 60 inches is low. Shrink -swell potential is low. This soil is occasionally flooded. 1t is not ponded. A seasonal zone of water saturation is at 15 inches during March, April, May, June, July, August, September. Organic matter content in the surface horizon is about 1 percent. This component is in the R048A Y236C0 River Bottom ecological site. Nonirrigated land capability classification is 6w. Irrigated land capability classification is 6w. This soil does not meet hydric criteria. The calcium carbonate equivalent within 40 inches, typically, does not exceed 5 percent. The soil has a very slightly saline horizon within 30 inches of the soil surface. Map unit: 6 - Almy loam, 1 to 12 percent slopes Component: Almy (80%) The Almy component makes up 80 percent of the map unit. Slopes are 1 to 12 percent. This component is on alluvial fans, hills. The parent material consists of alluvium derived from calcareous sandstone and/or alluvium derived from calcareous shale. Depth to a root restrictive layer is greater than 60 inches. The natural drainage class is well drained. Water movement in the most restrictive layer is moderately high. Available water to a depth of 60 inches is moderate. Shrink -swell potential is low. This soil Is not flooded. it is not ponded. There is no zone of water saturation within a depth of 72 inches. Organic matter content in the surface horizon is about 2 percent. This component is in the R048AY298CO Rolling Loam ecological site. Nonirrigated land capability classification is 4e. Irrigated land capability classification is 4e. This soil does not meet hydric criteria. AgaCtIVDIMIALILNATIVE MIX This mixture was developed for the Rocky Mountain Region. It consists of native grasses that include both cool and warm season species. Provides great cold and drought tolerance for the extremnes of this region, Seeding Rate: '/ Lbper 1,000 FT 25% Slender Wheat Grass 20% Bromar Mountain Brame 20% Native Blue Grama 15 Idaho Fescue 10% Texoka Buftilograss 5% Lodorm Green Needlegrass 5% Rimrock Indian Ricegrass mossauninni A grass mix for dry conditions, as specified for many Pitkin County reclamation projects. Very drought and cold tolerant. Seeding Rate: %-1 Lb per 1,000 FT' 25% Slender Wheatgrass 20% Mountain Brom 20% Western Wheatgrass 20% Secar Bluebunch 5% Thickspike Wheatgrass Idaho Fescue 3% Green Needle 2% Indian Ricegrass 504 IOW GROW MIX A mixture of low growing (8-12 inches) grasses that is drought tolerant. Suitable for areas where mowing is difficult or not desirable. It is very compatible with wildflowers. Seeding Rate Dtylmrd % Lb per 1,000 Fe Irrigated 1 Lb Per 1,000 F7' 30% Ephraim Crested Wheatgrass 25% Sheeps Fescue 20% Vibrant Perennial Ryegrass 15% Chewings Fescue 10% Canada Bluegrass FOOTHILLS MIX, A mixture developed for elevations of 3,000- to 8,000 feet to provide natural cover under dryland conditions. Contains both cool and warm season grasses adapted to the Western Great Plains and Southwest regions. Has excellent cold and drought tolerance. Good for soil stabilization on poor soils. Seeding Rate: I: Lb per 1,000 Fe 20% Gulf Annual Ryegrass 15% Revenue Slender Wlteatgrass 10% Mountain I3rome 10% Pubescent Wheatgrass 10 % Hard Fescue 10 % Canada Bluegrass 8% Cheyenne Indlangrass 7% Big Bluestein 5% Switchgrass 5% Native Blue Gretna Grass Seed Mixes and Information MOUNTAIN MIX A mixture of grasses adapted to higher elevations. Very good for mountain pastures and meadows as well as soil stabilization for ski slopes and construction sites. Seeding Rate: 11 ,b, per 1,000 F7 20% Winter Rye 20% Tetraploid Perennial Ryegrass 15% Kentucky Bluegrass 15% Garnet Mountain Brame 15% Paiute Orchardgrass I0% Climax Timothy 5% Alsike Clover, VNS PRXLANA PASTURE MIX A mixture of hardy, drought tolerant grasses adapted to the Northern Great Plains and Intermountain regions, It provides good, palatable spring forage and fair re- growth in the fall. Widely adapted too many soil types and elevations of 3,000 to 10,000 feet. Ideal for areas not receiving regular irrigation. Seeding Rate, '/ Lb per 1,000 F7 or 2SLb per Acre, 20% Lincoln Smooth Bronze 20% Oahe Intermediate Wheatgrass 15% Dalturian Wildrye, VNS 15% Paiute Orchardgrass 10% Verano Tetraploid Perennial Rye 10% Revenue Slender Wheatgrass 10% Hycrest Crested Wheatgrass PREMIUM IRRIGATED PASTURE lynx This pasture mix is a formulation of high quality, high producing and palatable grasses to be used for grazing and or hay production, This combination is designed with cool season grasses that produce well in the Intermountain area as well at the High Plains of the Rocky Mountain Region. A grower can use this mix for intensive grazing for the production of high quality forage. Seeding Rate; % to 1 Lb per 1000 FT? 25% Fleet Meadow Brame 25% Verano Tetraploid Perennial Rye 20% Potomac Orchardgrass 15% Crown Royale Orchardgrass 15% Smooth. Brame *Grass mix varietals subject to change throughout the year dile to changes in market conditions. Need a custom mix of grass seed? Rivendell can generally fill special orders for custom mixes in quantities of S4lbs or more. Call the office for details on how to place custom grass seed orders. Rivendell Distribution and Sod Farm Phone: 970-945-2568 Pax: 970-947-0012 ltIVENDEL,L'S 13,J.I1yQilASS BLEND Rivendell's 2010 sod mix—an elite bluegrass blend, Excellent for establishing new lawns or reseeding existing lawns originally established by sod, Drought tolerant, winter hardy and disease resistant. Seeding Rale: 4-5 Lbs, per 17fi 20% Nudestiny 20% Moonshadow 20% Avalanche 20% SR2284 20% Award WIDE CARPET BLEND An elite blend of Kentucky bluegrass. Excellent for establishing new lawns or reseeding existing lawns, Winter hardy and disease resistant, Seeding Rate: 4- 5 Lbs, Per 1000 FT? 25% Odyssey Kentucky Bluegrass 25% MoonShaclow Kentucky Bluegrass 20% Arcadia Kentucky Bluegrass 20% America Kentucky Bluegrass 10% Cheetah Kentucky Bluegrass PORTS PARK QS MIX, Ideal for seeding or renovating football, soccer, baseball fields and playgrounds. This mix was developed to provide durable, high quality tiu'fon high traffic areas. It is excellent for golf course tees, fairways, and cart paths. Seeding Rate:4 Lbs. per 1,000 Fr? 25% SR2I00 Kentucky Bluegrass 25% Odyssey Kentucky Bluegrass 25% SR4600 Perennial Ryegrass 25% Manhattan 5 Perennial Ryegrass g1,REI REE MIX Known for surviving under extreme conditions, fine fescues can be found thriving in infertile, clry soils, deep shade, and where turf is neglected, tortured and forgotten. It is perfect for area where water and fertilizer conservation is iunportant, Seeding Rate: 4- 5 Lbs. per 1,000 Fr' 25% Rhino Hard Fescue 20% SR5130 Chewings Fescue 20% SR5250 Creeping Red Fescue 15% Jamestown 1V Chewings Fescue 10% SR3210 Blue Fescue 10% Dawson Creeping Red Fescue GREEN RESISTOR BLEND It is highly stress tolerant and exhibits good disease and pest resistance, surviving on many types of soil hi full sun or light shade. Requires minimal care. Seeding Rate: 6-8 Lbs. Per 1,000 I'7` 34% Grande II Tall Fescue 33% Guardian 21 Tall Fescue 33% SR8650 Tall Fescue Rivendell Distribution and Sod Farm Grass Seed Mixes and Information RIVENDELL'S NATIVE LOW GROW MIX Attractive species with a lower growing habit. Tough, drought tolerant;nix preferred by landscape architects and designers, Seeding Rate: ' Lbs. per 1 ,000FP 25% Blue Gretna 20% Blue Fescue 15% Idaho Fescue 10% Arizona Fescue 10% Alpine Bluegrass 10% Indian Riccgrass 5% Sandberg Blue 2'A% Botticbritsh Squirrettail 2'/s% Prairie Junegrass IUVENDELL'S MOVNTAIN PASTURE MIX Highly palatable forage grasses selected to adapt across a wide range of mountain environments. Dryland or irrigated this mix produces attractive, quality hay. Seeding Rate: 23-35 Lbs per Acre 20% Orchardgrass, Late Maturing 20% Smooth Bromegrass, Lincoln 20% Slender Wheatgrass I5% Meadow Brome, Fleet 15% Perennial Ryegrass, VNS 10% Timothy, Climax SHADY PLACE MIX The ultimate choice for light to dense shade, Shady Place not only grows vigorously in shade, but also adapts to a wide variety of soil types and moisture conditions. Seeding Rate: 4-5 Lbs. Per 1,00011' 20% SR5130 Chewings Fescue 20% SR5250 Cr. Red Fescue 20% Rhino Hard Fescue 20% American Kentucky Bluegrass 10% Dawson Creeping Red Fescue 10% SR4600 Perennial Ryegrass TUJEF U U,FF MIX This mixture of tough vigorous varieties easily withstands the abuse of continual use, The durable carpet of green stands up to summer stress and requires minimal upkeep. Seeding Rate:: 5-6 Lbs, per 1,000 FT 30% Grande 11 Tall Fescue 30% SR8650 Tall Fescue 30% Guardian 21 Tall Fescue 10% Ulysses Kentucky Bluegrass Individual Varieties of Native Grasses: Mountain Brome White Dutch Clover Strawberry Clover SR3210 Blue Fescue Blue Gretna Buffalo Grass Indian Rice Grass + more... Phone: 970-045-2568 Fax: 970-947-0012