HomeMy WebLinkAbout2.0 BOCC Staff Report 07.28.1997• •
BOCC 7/28/97
PROJECT INFORMATION AND STAFF COMMENTS
REQUEST: Storage of up to 30,000 gallons of LPG.
APPLICANT: Thermogas Company
LOCATION: A tract of land located in a portion of Section
5, T6S, R91W of the 6th P.M.; Tract 4 of the
Adair Rippy Subdivision Exemption.
SITE DATA: 4.23 Acres
WATER: Would not be utilized
SEWER: Would not be utilized
ACCESS: South Interstate 70 frontage road
EXISTING ZONING: C/L
ADJACENT ZONING: C/L; A/I
I. RELATIONSHIP TO THE COMPREHENSIVE PLAN
The subject tract is located in District C - Rural Areas/Minor Environmental Constraints and
District D - Rural Areas/Moderate Environmental Constraints, as designated by the Garfield
County Comprehensive Plan's Management Districts Map (1981; 1984 Plans).
II. DESCRIPTION OF THE PROPOSAL
A. Site Description: The subject tract is located south of Interstate 70 frontage road,
approximately 1.5 miles west of New Castle. The easterly portion of the tract is the
location of the currently vacant Rippy construction office and shop and the westerly
portion would be the site of this proposed, storage use. The tract is fenced with
construction debris scattered on portions of the tract.
B. Adjacent Land Uses: Land uses adjacent to and in the vicinity of the subject tracts
include agricultural, residential and commercial. See vicinity map, page' arm .
• •
C. Project Description: Thermogas Company is proposing to use a portion of the subject
tract, approximately 1/2 acre, for storage of up to 30,000 gallons of LPG, with
associated storage of up to 60 smaller, individual LPG tanks ranging in size from 124
gallons to 1000 gallons. Additionally, the LPG delivery truck(s) would be stored on
the site, when not in use. Hours of operation are proposed between 8:00 a.m: and
5:00 p.m., with occasional weekend and after hours use. Staff has requested a
photograph and dimensional information of the proposed storage tank; however, it
had not been received by the time this report was completed.
Creation of Parcels: The subject tract was created by approval of the Rippy
Subdivision Exemption, Resolution 95-044. A number of approval conditions were
attached to the conditional approval, all of which appear to have been satisfied.
Additionally, protective covenants have been recorded for the various parcels, which
would be in effect and govern the proposed land use, where not superseded by
County zoning regulations. See covenants, pages • 0 3
III. MAJOR ISSUES AND CONCERNS
A. Zoning: The subject tract is zoned C/L (Commercial Limited) and storage is allowed
as a special use within the zone district. All special uses are required to meet certain
criteria regarding infrastructure such as adequate roads, water and sewer service and
the use of landscaping to minimize impacts and protect the established neighborhood
character.
Water/Wastewater: The applicant is not proposing to utilize water or wastewater on
the site, since employees would not be stationed or housed on the site. Staff suggests
that, at a minimum, portable toilet facilities be provided for the delivery drivers who
are expected to routinely access the site, at various times of the day.
Access: The Interstate 70 frontage road and an existing driveway would provide
access to the site, both of which appear to be very adequate in terms of sight distances
and construction. Staffnotes that the frontage road is considered an arterial roadway,
thus the sight must adhere to a minimum, front yard setback of 75 feet from the street
centerline, or 50 feet from the front lot line, whichever is greater. Currently, the
entrance gate is aligned with the northerly fenceline and should be inset a sufficient
distance to allow delivery trucks to pull completely off the roadway before opening
or closing the gate.
D. Mitigation of Impacts/Established Neighborhood Character: The application does not
mention the use of particular landscaping or screen fencing to mitigate impacts
created by the land use. The afore -mentioned covenants do require that the setback
and unimproved areas, as well as all disturbed areas be planted with grass; however,
the specific type of grass is not mentioned.
Further, the covenants require that all storage of materials be enclosed by a sight
obscuring, galvanized, chain-link fence, at least six (6) feet in height. Currently, the
parcel is enclosed by such a fence; however, the fence would not obscure the site.
Recently, Echevarria Construction built its office/shop on one of the parcels, which
has not been revegetated by anything other than grass. Section 3.07.05 of the Zoning
Resolution gives the Board authority in requiring "adequate screening of all parking
and roadway areas in commercial uses from adjoining residential uses and public
streets. A maximum of ten percent (10%) of the total parking and roadway areas may
be required to be devoted exclusively to landscaping of trees, shrubs and ground
cover to reduce visual impacts." If the Board determines this provision is appropriate,
then a landscaping plan should be required as a part of a conditional approval, with
provision for an adequate, irrigation water supply.
Staff suggests that the visual impact created by the proposed land use should be
subject to mitigation, since it is highly visible from the frontage road and Interstate 70.
However, mitigation is only appropriate if 1] there is adequate irrigation water, 2] if
the landscaping would be maintained 3] and there is a guarantee of survival of the
plantings.
The exemption was conditionally approved upon the issuance of three (3) well
permits, which may irrigate a combined total of one (1) acre of land. According to
the Division of Water Resources, the subject parcel does have an existing, permitted
well that staff presumes could be utilized for irrigation. See well permit, page
#'4_Hr.
E. Fire Protection/Emergency Management: Staff recommends the LPG storage occur
in compliance with all state and federal regulations governing this type of facility.
Furthermore, the applicant shall develop an emergency mitigation plan and file the
plan with the appropriate fire protection district and the Garfield County Office of
Emergency Management. Additionally, development of the site shall conform to
wildfire mitigation policies observed by Garfield County.
V. SUGGESTED FINDINGS
1. That proper public notice was provided as required for the public hearing before the
Garfield County Board of Commissioners.
2. That the public hearing before the Board of County Commissioners was extensive and
complete, that all pertinent facts, matters and issues were submitted and that all
interested parties were heard at that hearing.
3. That the application is in compliance with the Garfield County Zoning Resolution of
1978, as amended.
4. That for the above stated and other reasons, the proposed Special Use Permit is in the
best interest of the health, safety, morals, convenience, order, prosperity and welfare
of the citizens of Garfield County.
VI. RECOMMENDATION
Staff recommends APPROVAL of the application, pursuant to the following conditions:
That all proposals of the applicant made in the application and at the public hearing
with the Board of County Commissioners shall be considered conditions of approval,
unless specified otherwise by the Commissioners. (NcP/i. C6)
All LPG storage shall be in compliance with state and federal regulations governing
this type of storage. The applicant/operator of the site shall file an emergency
management plan with the local fire protection district and the Garfield County Office
of Emergency Management.
3. The minimum defensible space distance for structures and storage tanks containing
LPG shall be 30 feet on level terrain, plus appropriate modification to recognize the
increased rate of fire spread at sloped sites. The methodology described in
"Determining Safety Zone Dimensions, Wildfire Safety Guidelines for Rural
Homeowners," (Colorado State Forest Service) shall be used to determine defensible
space requirements for the required defensible space within building envelopes in
areas exceeding five (5) percent grade.
4. It shall be the responsibility of the applicant/operator of the site to control noxious
weeds on the site.
5. The applicant shall submit a landscaping plan for the subject tract that, in the opinion
of the Board of County Commissioners, obscures and mitigates visual impacts created
by the storage use. The plan shall include provisions for maintenance and survival of
the plantings. Survival of the plantings shall be guaranteed for a minimum of two
years.
6. The applicant/operator should obtain a recorded copy of the protective covenants
associated with the subject tracts and should comply with the terms of said covenants.
7 Portable toilet facilities shall be provided and maintained by the applicant/operator of
the facility.
8. The entrance gate to the site shall be offset a sufficient distance, within the site, to
allow delivery trucks to pull completely off the frontage road when opening/closing
the gate.
9. The Special Use Permit for Storage of up to 30,000 gallons of LPG shall be issued
upon a showing of the applicant/operator of the site that the conditions of approval d
contained herein have been satisfactorily met. ,4,ptcCW l (J4,vhavini54z,s IF CnN of i
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DECLARATION OF PROTECTIVE COVENANTS
FOR
RIPPY EXEMPTION PLAT
THIS DECLARATION is made this day of
by
RECITALS
Declarants are the owners of Lots 1, 2, 3 & 4, of the Rippy Exemption Plat, according to
the plat recorded as reception No. , County of Garfield, State of Colorado,
hereinafter the "property".
In order to enhance the establishment and enforcement of a general plan for the
architectural character, development and use of the property, Declarants desire to subject the
property to certain covenants, conditions and restrictions upon and subject to which the entire
property and every part thereof shall be owned, held, improved, used, occupied and transferred.
Accordingly, Declarants hereby make the following declarations:
I. GENERAL PROVISIONS
A. Establishment of Restrictions. Declarants, for themselves, their successors and
assigns, hereby declare that the property shall be owned, held, improved, used, occupied and
transferred subject to the provisions of this Declaration and to the covenants, conditions and
restrictions herein contained.
B. Definitions. The following definitions shall govern in the understanding and
interpretation of the Declaration:
1. Declarants. "Declarants" shall mean the undersigned and any successors and assigns of
the undersigned.
2. Improvements. "Improvements" shall mean and include, without limitation, buildings,
sheds, storage areas, parking areas, driveways, leading areas, fences, walls , hedges, mass
plantings, utilities, poles, signs, television and radio antenna and any structures of any type or
kind.
3. Shed. "Shed" shall mean a building with three (3) exterior walls or less.
4. Owner. "Owner" shall mean the person, firm or entity legally entitled to possession of
any lot, and, where the person, firm or entity entitled to possession does not own fee simple title
to such lot, shall also include the person, firm or entity owning fee simple title to such lot.
II. REGULATION OF EvfPROVEMENTS
A. Work in Progress. After commencement of construction of any improvements on a
lot, the owner shall cause such work to be diligently prosecuted to completion, so that the
improvement shall not remain in an unfinished condition any longer than reasonably necessary for
completion thereof. Failure to complete any improvement within eighteen (18) months after the
same is commenced shall constitute a violation of this covenant, which may be enforced by an
affirmative injunction requiring the removal of the partially constructed structure.
B. Landscaping.
1. Every lot on which improvements have been constructed shall be landscaped in the
setback areas and upon all unimproved areas which have been disturbed in compliance with this
provision. All landscaping shall be accomplished according to plans approved in advance by
Declarants, and maintained thereafter in a sightly, well -kept and healthy condition. All
landscaping shall be designed so as not to disturb the natural drainage.
2. Unless otherwise approved by Declarants, all landscaping shall meet the following
criteria:
a. All disturbed, unimproved areas shall be planted with grass.
b. Undisturbed areas may be left in their natural condition.
C. Parking Areas.
1. For each building constructed on a lot, sufficient parking areas shall be provided on the
lot, laid out and constructed according to plans approved in advance by Declarants, and
maintained thereafter in good condition and state of repair. All parking shall meet Garfield
County Standards.
2. No parking shall be permitted along frontage road.
3. All parking areas and driveways shall be designed so as not to disturb natural drainage
and drainage systems or cause erosion. Where access driveways cross drainage ditches or
irrigation ditches, culverts at least eighteen (18) inches in diameter shall be installed and
maintained by the Owner, unless otherwise approved by Declarants. All parking areas and
driveways shall be maintained in a condition to minimize the creation of dust.
4. Access driveways from adjoining roads shall be limited to the minimum required for
access to the lot. No continuous access driveways along adjoining roads shall be permitted unless
otherwise approved by Declarants. Access driveways on adjoining roads and for a two-way
driveway shall be subject to approval by Declarants.
•
may reasonably require.
3. Should any building or other improvement on a lot be substantially damaged or
destroyed from whatever cause, all debris shall be promptly removed from the lot and the Owner
shall proceed promptly either to repair, rebuild or replace the damaged or destroyed improvement
or to remove the damaged or destroyed improvement and to restore the damaged portion of the
lot and landscape the same with landscaping approved by Declarants. Should the Owner elect to
repair, rebuild or replace damaged improvement, the plans and specifications therefor shall be
submitted to Declarants for approval in accordance with the other provisions of this Declaration.
4. Should a planting on a lot be substantially damaged or die, from whatever cause, it
shall forthwith be replaced with a planting or landscaping approved by Declarants.
K. Fences and Gates. Unless otherwise approved, all fences and gates on the property
shall be of galvanized chain link or better with top pipe rail unless otherwise approved by
Declarants.
ill. REGULATIONS OF OPERATIONS AND USES.
A. Disposal of Waste Materials. Uses on the property are hereby restricted to industrial,
commercial and residential applications generating waste materials which can be handled by septic
systems approved by Declarants and governmental authorities having jurisdiction. The following
shall apply:
1. Waste water shall be limited to those types of wastes which are treatable by individual
systems, and shall not include waste such as petroleum products, solvents, toxins, industrial
process residues, radioactive or other wastes not so treatable.
2. Each owner shall cause holding tanks to be pumped and cleaned on a schedule
acceptable to the public authorities having jurisdiction.
3. Sufficient area shall be retained in the original design of individual systems to permit
the doubling of subsurface treatment disposal at a later date.
4. All waste water systems shall be designed by a registered professional engineer.
5. Each owner shall maintain records of pumping and cleaning of waste water treatment
systems for a period of not less than three (3) years and shall make such records available to
Declarants and governmental authorities having jurisdiction at reasonable hours at reasonable
locations.
B. Firearms. There shall be no discharge of guns or firearms on the property.
C. Required Fencing. All service, fabrication, repair operations and storage of materials
shall be enclosed by a sight obscuring fence at least six feet (6') in height.
• •
D. Building Regulations. Unless otherwise approved in advance by Declarants, any
principal building erected on a lot shall conform to the following design and construction criteria:
1. Exterior Walls.
a. Exterior walls facing roads or streets shall be masonry, steel or concrete unless
Declarants shall approve otherwise.
b. To the extent possible, no intake or exhaust fans, ductwork or other mechanical
projections shall be mounted on the exterior walls of any building.
2. Colors. All colors used in the exterior treatment of buildings and other structures shall
be approved by Declarants and shall consist solely of non -reflective muted earthtones.
E. Storage Areas. No merchandise, supplies, equipment, including company owned
motor vehicles stationed on a lot, or materials of any kind shall be stored for long periods of time
in any area on a lot except inside a building, shed or screened area, or behind a sight obscuring
fence
F. Refuse. No trash, ashes, garbage or other refuse shall be thrown, dumped or otherwise
disposed of on any land within the property. No refuse shall be burned out of doors on the
property. No incinerator or other devise for the burning of refuse shall be constructed, installed
or rnaintained on the property, except with the prior written approval of Declarants. All refuse
shall be stored in metal containers which shall be kept inside a building, shed or screened fence.
G. Easements and Right -of -Way. No improvements shall be constructed, installed or
maintained along, on across or within the areas so established and reserved for easements and
rights-of-way, except as otherwise provided herein or with the prior written approval of
Declarants.
H. Lighting. Exterior lighting required for security purposes shall be subject to the
approval of Declarants.
I. Tern-oorary Structures. No temporary structure, excavation, basement, trailer or tent
shall be permitted within the property, except as may be necessary during construction of
permanent structures or as expressly approved by Declarants. exisiting mobile home hook-ups
are exempt from this requirement.
J. Maintenance.
1. All buildings and other improvements and ail landscaping on any lot shall be kept in
good condition and repair.
2. All buildings and fences on any lot shall repainted or restained as often as wear and tear
• •
IV. APPROVAL OF PLANS
No improvement, as that term is hereinabove defined, shall be erected, placed, altered,
maintained or permitted to remain on any lot until plans and specifications showing site plan,
design, floor plans, exterior elevations, exterior materials and colors, sign location and design and
landscape plan, shall have been submitted to and approved in writing by Declarants. Such plans
and specifications shall be submitted in writing over the signature of the Owner of the lot or his
authorized agent. Approval shall be based, among other things, on adequacy of site planning;
conformity and harmony of exterior design with neighboring structures; effect of location and use
of improvements on neighboring lots, improvements, operations and uses; relation of topography,
grade and finished ground elevation of the lot being improved to that of neighboring lots; proper
facing of main elevation with respect to nearby streets; and conformity of the plans and
specifications with the purpose and general plan of intent of the restrictions. Declarants shall not
arbitrarily or unreasonably withhold their approval of such plans and specifications. If Declarants
fail to approve or disapprove such plans and specifications within thirty (30) days after the same
have been received by Declarants, it shall be conclusively presumed that Declarants have approve
said plans and specifications, subject, however, to the requirements and restrictions contained in
Articles II and ITT hereof.
Neither Declarants nor their successors or assigns shall be liable in damages to anyone
submitting plans for approval, or to any Owner of a lot affected by this Declaration, by reason of
mistake in judgment, negligence, or nonfeasance, arising out of or in connection with the approval
or disapproval or failure to approve any such plans. Every person who submits plans to
Declarants for approval agrees, by submission of such plans, and every Owner of lots with the
property aees, by acquiring title thereto, that he will not bring any action or suit against
Declarants to recover any such damages.
V. COMPLIANCE WITH LAW
Notwithstanding any other provisions of this Declaration to the contrary, each Owner shall
comply with all federal, state, county, municipal and other statutes, charters, laws, rules, orders,
regulations and ordinances of every kind or nature whatsoever affecting such Owner's lot and the
occupancy, operation or use thereof (including, without limitation, the construction and
maintenance of improvements thereon).
VI. E l- t.CT OF DECLARATION
Each provision of the Declaration and an agreement and undertaking to comply with the
provisions of this Declaration, shall: (a) be deemed incorporated in each deed, lease or other
instrument by which any right, title or interest in any part of the property is grranted, conveyed,
demised or transferred, whether or not set forth or referred to in such instrument; (b) by virtue of
acceptance of any right, title or interest in any part of the property by an Owner, be deemed
accepted, ratified, adopted and declared as a personal covenant of such Owner, and, as a personal
covenant, shall be binding on such assigns; and (c) a covenant real which shall run with the land
and burden the title thereto and shall be binding upon and insure to the benefit of Declarants and
the Owners, from time to time, of lots within the property.
VTI. ENFORCEMENT AND REMEDIES
A. Suit. If any owner shall violate or threaten to violate or fail to comply with any of the
provisions of this Declaration, it shall be lawful for Declarants and/or any other Owner to institute
and prosecute suit at law or in equity to enforce the provisions of this Declaration, to restrain or
enjoin such violation or threatened violation or to require compliance with such provision, and to
recover damages, actual and punitive, for any such violation; provided, however, that no such suit
shall be brought or allowed as to any such alleged violation or alleged non-compliance with any of
the provisions of this Declaration where Declarants shall have approved the name as in
compliance with the Declaration or as an approved variance hereunder, and such written approval
by Declarants shall be conclusive evidence of compliance with this Declaration.
B. Action by Declarants. In addition to the remedies stated above, if, with respect to any
lot, there is a violation of, or failure to comply with, any of the provisions of Article II, Article III
or Article IV hereof, then Declarants shall have the right. at their option, to cure the violation or
effect, as the case may be, at the expense of the Owner of the lot.
C. Inspection. Declarants may from time to time at any reasonable hour or hours, enter
and inspect any property subject to this Declaration to ascertain compliance with the provisions
hereof
D. No Waiver. With the exception of the time limit for action by Declarants contained in
the last paragraph of Article IV, the failure of Declarants or any Owner to enforce any provision
of this Declaration shall in no event be deemed to be a waiver of the right to do so thereafter nor
of the right to enforce any other provisions of this Declaration.
VIII. RIGHTS OF MORTGAGEES
No violation of, or failure to comply with, any the provisions of this Declaration and no
action to enforce any such provision shall adversely affect, defeat, render invalid or impair the lien
of any mortgage, deed of trust or other lien on any lot taken in good faith and for value and
perfected by recording in the office of the County Clerk and Recorder of Garfield County,
Colorado, prior to the time of recording in said office of an instrument describing such lot and
listing the name or names of the Owner or Owners of fee simple title to the lot and ving notice
of such violation or failure to comply. No such violation, failure to comply or action to enforce
shall adversely affect, defeat, render invalid or impair the title or interest of any person or entity
(including the holder of any such mortgage, deed of trust or other lien) acquired upon foreclosure
of any such mortgage, deed of trust or other lien or result in any liability, personal or otherwise,
of any such person or entity; provided, however, that any such purchaser on foreclosure shall take
the lot subject to all of the provisions of this Declaration.
•
IX. DURATION AND AMENDMENT
This Declaration of Protective Covenants, and any amendments hereto, shall remain in full
force and effect until January 1, A.D. 2015, and for successive five (5) year periods thereafter,
unless sooner terminated as hereinafter provided. This Declaration or any provision hereof, may
be amended or sooner terminated, as to the whole of the property or any portion thereof, with the
written consent of the persons, firms or entities owning fee simple title to at least one hundred
percent (100%) of the lots in the property and where the person, firm or entity owning fee simple
title to the lot has granted the right of possession of the lot to another person, firm or entity, as
evidenced by instrument of record, the joinder of both fee simple title owner of such lot and the
party to whom the right of possession thereof has be so granted shall be required as to such lot for
such lot to be included within the one hundred per cent (100%) or more consent provision;
provided further, however, that so long as Declarants own fee simple title to at least twenty
percent (20%) of the property subject to this Declaration, no such amendment or sooner
termination shall be effective without the written approval of Declarants thereto.
X. ASSIGNMENT AND DELEGATION BY DECLARANTS
Any and all of the rights, powers, reservations and duties of Declarants herein contained
may be assigned to any person, firm or entity which will assume the duties of Declarants
pertaining to the particular rights, powers, reservations and duties assigned, and upon any such
persons, firm or entity evidencing its consent in writing to accept such assignment and assume
such rights, powers, reservations and duties, they shall, to the extent of such assignment, have the
same rights and powers and be subject to the same obligations and duties as are given to and
assumed by Declarants herein.
Declarants may also from time to time delegate any and ail of the rights, powers and duties
with respect to the approval of plans provided for in Article IV hereof and with respect to the
rights of approval provided in Articles II and Ill hereof to an Architectural Control Committee
selected by Declarants. Declarants shall promptly notify the Owners of all lots on the property of
any such delegation.
XI. HEADINGS
Article and paragraph headings are inserted for convenience only and are not intended to
be a part of this Declaration or in any way to define, limit or describe the scope or intent of the
particular Articles or paragraph to which the refer.
XII. SEVERABILITY
Invalidity or unenforceability of any provision of this Declaration in whole or in part shall
not affect the validity or enforceability of any other part of such provision or of any other
provision of this Declaration.
/Z-
XIII. LIMITED LIABILITY
Neither Declarants nor their successor or assigns shall be liable to any party for any action
or for any failure to act with respect to any matter, if the action taken or failure to act was in good
faith and without malice.
IN WITNESS WHEREOF, Declarants have executed this Declaration on the day and year
first above written.
RIPPY EXEMPTION PLAT
By:
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SED-WTR DIV 5
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Jul 21 97 15:17 No.011 P.02
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FOR INSTRUCTIONS, SEE REVERSE SIDE FOR
STATEMENT OF BENEFICIAL USE
WELL PERMIT NUMBER 0 Lis..3 3 —
i 5 '96
1.
WELL OWNER
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3.
The well is being used for the following purpose(s): Gow,c•lc,C<,,o\ civ+A .\<c ‘o,'1\:\itih
4,
Water from the well was first used beneficially
this number, for the above described purposes on u\ 1-I 19 (IS .
under permit
(Do not report a date which is before the issued date of this permit)
5.
The pumping rate claimed is •/5 .7 gallons per minute.
6.
The average annual amount of water diverted is 20 acre feet.
7.
The land area irrigated (watered) by water from this well Is: 1 • b
A Acres or
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Square feet,
(Number)
described as:
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04t'r x -tkor. Subdivision Lots) Block Filing/Unit
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8.
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installed by: Li f k t, Voce\ Lic. No:
Pump ,s#�r
Meter Mfg. by Serial No.: Date Installed: .
9.
I (we) have read the statements made herein, know the contents thereof, and state that they are true to my (our)
knowledge. (Pursuant to Section 24-4-104 (13)(a) C.R.S., the making of false statements herein constitutes perjury
In the second degree and is punishable as a Class 1 misdemeanor.)
10.
Name/Title (Please type or pant)
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FOR OFF+'
Aooepted that those oondi
stated on the permit are complied
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with, _
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State En®!neerBy rf� Date i
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