HomeMy WebLinkAbout2.0 BOCC Staff Report 11.15.2004Exhibits for 7W Guest Ranch SUP, BOCC Public Hearing held on l0l4l04
Mail Receipts
Proof of Publication
Garfield County Zonin lations of 1978, as amended
Garfield County Subdivision lations of 1984, as amended
Garfield Csunt
ication materials
Staff Memorandum
Garfield Co. Road & Brid
USDA Forest Service Ran
Michael Erion, Resource ineerin
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PROJECT INFORMATION AND STAFF COMMENTS
REOUEST
APPLICANT
LOCATION
SITE DATA
ACCESS
WATBR & SEWER
EXISTING & AD.IACENT ZONING
Special Use Permit for Resort in the A/R/RD
zone
7W Guest Ranch, LLC, Mark Wilhelm
A tract of land located in portions of Sections
2l and 28, T3S, R87W; also located in the
Sweetwater area of north Garfield County
35 acres
County Road CR 151
Well and Multiple ISDS
A/R/RD
L PROPOSAL BACKGROUND
The Application is presented with no new information from the continued BOCC
meeting of l0l4lo4.
Looking west at the lodge (left) cabins, (left foreground) northem barn and site offuture stables lrigtg
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II.PROPERTY LOCATION AND DESCRIPTION
The 7W Guest Ranch is located at 3412 County Road #151 and in the
Agricultural/ResidentiaURural Density Tnne District. The property consists of 35.001
acres and contains natural forest indigenous to the area such as ponderosa pine, aspen,
willow and oak and various grasses. The property also contains several cleared
meadows and two natural springs. The property is bordered by both private and USDA
Forest Service land.
PROPOSAL BACKGROUND
The proposal which is currently operating has been open as a resort since 1947 and has
complied as a Special Use Permit granted by Resolution, #95-045 and approved on
June 5, 1995 until the construction of the Barn on the west side of the compound. The
current owners purchased the property in October of 2002. The existing Special Use
Permit was for a total of approximately 253 acres, however, this Special Use Permit
will be applied to a single 35 + acre parcel with the remaining acreage being divided
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into the thirty-five plus acre tracts. The Applicant has recorded a quit claim deed in
Garfield County and provided a copy of the recorded document to the Garfield County
Building and Planning Department.
IV. CURRENT PROPOSAL
The purpose of this Special Use Permit Application is to bring the current uses,
proposed improvements and non-conforming changes into compliance with Garfield
County Regulations, through a new Special Use Permit that addresses all uses on this
site.
Ihe new owners have continued to use the Guest Ranch in the historical manner since
t:heir purchase of the property. Construction of a new barn was begun in 2003, which
Lrltimately led to a notice of violation as a violation of the existing Special Use Permit.
At that time, it was agreed that the barn would not be used until an appropriate new or
r:evised Special Use Permit was issued by Garfield County. This commitment has been
rnet; therefore, they are submitting a new application for a new Special Use Permit.
fhe recreational opportunities offered by the 7W Guest Ranch to their guests include
riking, biking, fishing, horseback riding and other equestrian activities, as well as an
rray of lawn games, including horseshoes, volleyball and croquet and has a hot tub onriite. Snowmobile activities are available during the winter months. All Terrain
Vehicles (ATV's) are also available as a recreational amenity. These uses among
others discussed in this report are consistent with the definition from the Garfield
tlJounty ZoningResolution as noted below:
2.02.448 Resort: Dude ranch or guest ranch; hunting or fishing
camp, cross-country or trail skiing lodge (any of which shall not
exceed twelve (12) dwelling units or forry-eight (a8) beds or
visitor capacity, land used for the purpose of recreation, which
provides lodging, recreational activities, dining facilities,
commissary and other needs operated on the site for guests or
members.
'lthe 7W Guest Ranch is comprised of 10 dwelling units (both for guests and
t:mployees) and a total of 24 beds or visitor capacity of 33 as noted in the list of
ritructures supporting dwelling units below.
Structure Beds Max OccuDancy
2 Mobile Modular/employee 4 4
Lodge/Dining 1 2
Guest Cabin #1 4 1
Guest Cabin #2 2 4
Guest Cabin #3 2 4
Guest Cabin #4 2 4
7W Guest Ranch, Special Use Permit
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Guest Cabin #5 4 6
Guest Cabin #6 1 2
Guest Cabin #7 (proposed)4 6
(36 Max Occ. - 6 employees) =Total Beds and Guests u 33
Other non-habitable structures on the site which are proposed for inclusion in the resort
are listed below:
1. one (1) stable building (east side of resorr compound)2. one (1) barn/tack building (east side of resort compound)3. one (1) large storage/barn/shed building (west side of resort compound)4. one (1) small storage barn (central area of resort compound)5. other non-habitable existing structures on site as shown on the site plan,
specifically the pump house and hot tub pad.
Expansion and Change in (Jses
The newly constructed barn on the west of the Resort compound is planned to
accommodate resort snowmobiles, four wheelers and other recrealional equipment and
vehicles. A maintenance shop will also be housed within this barn that will provide
maintenance for the various vehicles and ranch repair. Vehicles that are not in use will
also be stored in the barn, from time to time, in order to protect them from the elements.
Storage for equestrian equipment, supplies and necissary forage would also be
included in this barn. It is anticipated that horses and other farm and ranch animals
may be stabled or sheltered in the barn at various times, also.
An expansion of the existing barn on the property is also anticipated in the future. The
uses of this facility will encompass many of the same uses ai the newly constructed
barn.
It is proposed to remove the two existing older mobile homes that are utilized for
employee housing and replace them with a newer mobile home that meets the code.
These trailers will be removed as soon as a contractor can be scheduled to remove themfrom the site. The removal of these older trailers would provide an improved housing
situation, both physically and visually. The two mobile homes wiil serve with a
capacity of two-bedroom and one-bath mobile homes or modular units. These trailerswill provide housing for the 7w Guest Ranch caretaker and employees.
The subject property is located within Study Area fV in the Comprehensive plan of
2000. This Study Area characterizes the area as "Outlying Resideniial, Z acre lot sizeminimum."
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vI. REVIEWING AGENCIES AND DEPARTMENTS
The following agencies were sent application materials for review and a request for a
response was made and that they return comment to the Garfield County Building and
Planning Department for inclusion to be included in this report.
l. Garfreld Co. Road & Bridge Exhibit H
2. Garfield Co. Vegetation Management. Comment: No Concern
3. USDA Forest Service, Eagle Ranger Dist. Exhibit I
4. Gypsum Fire Department No Comment Received
5. Michael Erion, Resource Engineering Exhibit J
VII. REVIEW STANDARDS
Special Uses are subject to the standards in Section 5.03 of theT-oningResolution.
A. Section 5.03 Review Standards
Iltilities adequate to provide water and sanitation service based on accepted
engineering standards and approved by the Board. of County Commissionerc
shall either be in place or shall be constructed in conjunction with the proposed
use;
Staff Response: The Applicant has not demonstrated that adequate water or sewer
service can be provided for the proposed use. Michael Erion has questioned the
capacity of the existing ISDS and the demand that is projected for the development.
No supporting documentation has been provided in the application. This item has
NOT been met with conditions as listed at the end of this report.
Street improvements adequate to accommodate traffic volume generated by the
proposed use and to provid.e safe, convenient access to the use shall either be in
place or shall be constructed in coniunction with the proposed use;
Staff Response: No improvements to the county road are required for this
proposed special use and CR 150 and 151 are sufficient to handle the current
numbers generated by the resort and could marginally increase in ADT without any
problems. This item has been met.
Design of the proposed use is organized to minimize impact on and from adiacent
uses of land through installation of screen fences or landscape materials on the
periphery ol the lot and by location of intensively utilized areas, access points,
lighting and signs in such a tnanner as to protect established neighborhood
character;
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Staff Response: The Applicant has indicated and described how the proposed use,will not visually impact adjacent uses by placing all new uses near the "compound"
of existing uses which are not directly observed from any adjacent residence. This
item has been met
V[I. STAFF COMMENTS
A. Zonine: The proposal (Resort) is a special use pursuant to Section3.O2.O3 in the
A/R/RD zone district. The Board approved the Special Use permit which is
memorialized in Resolution No. 95-045 and a permit has been issued.
The application meets the basic criteria in terms of visitor capacity and or dwelling
units and can be classified as a resort. There is no minimum size for this facilit!
and the proposed uses are consistent with all other zone district restrictions and
requirements.
B. Process: The Zoning Resolution of 1978, as amended, provides a process by whicha Special Use Permit request is reviewed. It does not provide a process for
amendments to an existing and approved Special Use Permit. The original SUp
approval will be supplemented by this proposal, thus recognizing all of the uses of
the resort and creating a new Permit. The Applicant ii u** that any future
improvements associated or as a part of a resort designation and not rpetificaly
identified in this application request shall require an additional application similar
to this submittal.
Staff review has focused on acknowledging the expansion structures, mainly the
non-conforming storage barn to the west and the proposed stables to the east andguest cabin to the south. These three additions to the resort are the only
improvements planned for the future operations of the special use permit.
Any future implementation of the hunting or fishing camp use of the property
provided as a component of a Resort by definition in tlie County ZnningReiotutlon
will be subject to permitting regulations through the USDA Forlst Service.
C. Ownership: As noted, the application indicates the proposed special use is
requested for a tract of land 35.001 acres in size. The applicint has iecorded quit
claim deed in Garfield County and provided a copy of the document to the Garfield
County Building and planning Department.
D. Access: There is one legal access which has been historically provided from
County Road 151.
Additionally, a response was received from the USDA Forest Service indicating
that certain activities of the resort that will take place on forest lands directly
accessing from the resort will need to comply with rules and regulations applicable
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thereto. Motorized travel on forest lands in the vicinity of the resort is prohibited
(except over-snow travel).
E. Traffic: The proposed special use will generate a minimal increase in traffic with
the additional bedrooms to three of the cabins and construction of a new two
bedroom cabin. The Garfield County Road and Bridge Department has indicated in
their review memo that no improvements to the county road are required for this
proposed special use and CR 150 and 151 are sufficient to handle the current
numbers generated by the resort and could marginally increase in ADT can be
accommodated without any problems.
F. Water: The existing and proposed water supply is from a central system utilizing
two springs. The application indicates that the supply from the spring seasonally
fluctuates from 1 to 4 gallons per minute (gpm). The application does not provide
any estimate of water demands or analysis to demonstrate that the water supply and
storage system is adequate for the proposed uses. The legal water supply for the
project relies on juniorlg87 water rights for the Beard Spring (appropriation date of
May 1, 1987) and the Mills Spring (adjudication date of 1952). Both water rights
are adjudicated for domestic, fire protection, stockwater, and irrigation of one acre
lawn. These water rights are junior to downstream water right calls by the
Shoshone power plant and the Grand Junction area irrigation and hydropower water
rights (the Cameo call). While it can be argued that a portion of the Mills Spring
right which was in use prior to 1977 is a beneficiary of the West Slope Users Pool
in Green Mountain Reservoir and protected against the downstream call, it can also
be argued that the current uses are for commercial purposes not domestic purposes.
Therefore, from a technical perspective, a water allotment contract or an approved
water augmentation plan is required for the proposed special use permit.
Additionally, the proposed water system meets the definition of a community water
system. As such, it will be required to be reviewed and approved to include
capacity development by the Water Quality Control Division of the Colorado
Department of Public Health and Environment.
G. Sewer: Wastewater disposal for the proposed special use is through three existing
ISDS systems. A fourth system may be required for the new guest cabin. There is
no estimate of sewage demands or analysis of the existing ISDS systems within the
application to demonstrate that these systems conform with current ISDS standards
in terms of septic tank size, leachfield size and setbacks. Michael Erion has
questioned whether or not there is adequate capacity in the existing system or
whether an additional system needs to be developed. No plan has been developed
for the ISDS to serve this development.
H. State and Local Health Standards: State health standards are applicable to the
application, namely the Colorado Department of Health ISDS (septic), size, type
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and setback standards, which should be verified by an engineer to be in compliance
with these standards at time of installation.
I. Drainase: The parcel drains to the north and sits high in elevation above the
Sweetwater valley and the property is not known to be subject to any unusual
hydrologic hazards.
Fire Protection: As noted earlier in this report the application does not provide
any estimate of water demands or analysis to demonstrate that the water supply and
storage system is adequate for fire protection for the proposed uses.
The site is located on the north facing slopes of the Sweetwater Creek drainage.
Any new buildings, outbuildings or mobile structures will be built and landscaped
to conform to current wildfire practices suggested by the Colorado State Forest
Service.
Geoloeic Hazards: The property is not known to be subject to any unusual
geologic hazards.
Other Uses: An expansion of the existing barn is cited in the narrative; however
clarification is needed as to which barn the improvements will be made on and to
what extent. It is noted the application states the expanded uses of this facility will
encompass many of the sulme uses as the newly constructed barn.
VI[. SUGGESTEDF'II\DINGS
That proper posting and public notice was provided as required for the meeting before
the Board of County Commissioners.
1. 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 meeting.
2. 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.
3. That the application is in confonnance with the Garf,reld County Znning
Resolution of 1978, as amended.
4. That the application is in confornance with the Garfreld County Comprehensive
Plan of 2000.
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a x. RECoMMENpATToN
Staff cannot recommend approval given the issues surrounding the lack of information
regarding the physical domestic supply of water and sewer.
Staff suggests the Applicant either (1) ask for a continuance of the public hearing or (2)
withdraw the application and resubmit at a later date when more information is
available to allow the Board to make a decision.
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Nov. 1u. ?aa4
ht Plannin Serviccs, fnc.
403 Broadway
Eagle, CO 8163t
(e70) 328-62ee
Fax: (970) 328-6254
E-mail: kps@vail.net
FAX TRANSMISSION COVER SHEET
Due;Novembor 12,2004
Jim Hardcastle
384-347A
Subject: 7W Guest Ranch
Sender; Terrill lfuighr
YOU SFIOULD RECE_[VE-6-PAGE(S), SICLUDNG TI{IS COVER SHEET, IFYOU DO NOT RECETVE AII_rHr picns. pLEASll cAr.r rqTn\ 1?e_6roo
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ATTORNEYS ATL^W
David S.l{aves
1'clcphooc: (303) 825-19E0
liocsl0tilcl (30f) 825.19E3
IIA€SIMII,E TRA}{SMISSION SIIEET
DATE: Novernher 12..2004 FROM;
TO:
Narne Conrpaay/Firm 'elephone No
TOTAI NLMBER OF PAQES (Inctuding cover): s
IF YOU DO NOT RECEIVE AT,L TI.IE PAGES OR ENCOUNT'ER ANY DIFFTCLiLTIES WITI-I T}US
TRANSMSSION, PLEASE C.{rJ OUR OFTICE (303) 825-I9IO IMMEDIATELY. TI{ANK YOU,
A CONFIRI\4,qnON COPY WILL FOLLOW.
ME,SSNGE:
NOTICE OF CONFTDIMIALITYI 'flir mcrsogc la luodrd only &r'thc urc ollhr inrtivirlurl o? anrlr] n whirtr ir ie oddrcsecd
nnd msy conudn infbrmarlon tlnr is nrivilcgcd, confidcntlal ond *"rpr from dirElotgfs unrler npplicqblc lrtg, if yno'uu nor rltc inrcndcdr(oiFiEnL you rrd hcreEy rrnr!,fcd rlrur ony rearting ur., lir.iiui,rion, "i ,.fryfne oi,lil[ -"iiri,,iftirfqn finrnf,fUtrla. rry,i,irrr'rc r.""trd rtrir;onrnunlcatlonirrcrror,ktndlynorltlrrilrlrr4cdi-stcty lyuieprronetco[."ii,'"rna;id;.;;;rfi.rr.t",n'rrriorirtnat nr+srrg.rou,tr.rlrc{b6vc0ddrE r u! thE L.S. posrrt Sorvlco. Tlnnll you,
Ihcsimile
Ml. Jarry Comel Amwarc Logistics Services, Itrc,970-337-?Do?970-33?-7000
Mr, Trnilt Knigbt I(niglrt Phnning Sewlces, Inc.9?0.3185254 9?0-328{!99
Mr. Michacl Erlon Recourcc Engineering htc.9?0.945-l13?970-945.6777
ozc lloNooMI0YJ1'.PP{'RI 3.L3Bir'1Pl1 PETR0S & WHITE LLc I.HX NU. JUJ ' 385 P.3t5' eLl ui'
Tuurn onr (303) 82s- I 9l{1,
PETROS & WHITE
AtToFxr.vs a'r LrU
THE DQUIT^RI.E tsUTLDINC
730 SEVENTEENTH STNEET
SUITE fl20
DnN ven, CoLoRADo 8020e-35 I t
November 12,zoo4.
F^(:$llrrrf (103) t25.1 9Sl
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Mr. Tcnill Ihighl
Knighr P lanning Service
P.O. Box 947
403 Broorlway
Eagle Colorado 81611
Rs 7W Gr,rcst Rarrch Water Rights
DcarTenill,
We are writing in rogard, to fte water supply issues ansociaterl thc ?lV Gucst Rarch
("Ilooch*). A special use pcnnit application fild by the Ranch is purdiug bcfore Garfcld
County. Tlrc Countyrs coasultaat, ResourceEoginceriug; Jnc. (tTtesource"), roiscd a coucctrl
about ttrc adequacy ofthc watcr supply to thc Ranch in a letter dolcd September 21, 2004 (copy
cnclosed). As fuitbor disoursed in this lctfer, it is our opinion that ttre 4&.year water supply
co[trEct recently applied hr by the R.anch satisfies the wehr eoncein rtised by Resource.
Apptoxiruotely six csbiqs, tvo employoe mobilc homes, a lodgc witlr kitctreu nnd laundry
froilitiaq, and a barn are presently locntcd on the Ranch. Sopri. ErrgiqecdnE, LLC has estimatql
tho preseat rna*imum daily d.iversion dcntond for the Banch facilities to bc I l25 gellons prv day,
or abon 1.26 acrc-feet ptrr year (assup;rE maxlmum occuplncy wW @ uf thc ycar).
exclusivc of inigation- Unconpumed watcr ftom, these divcr.cions fory damcstic use is retumcd to
tlro s11g3lu system via soptic systctrts ou thc Ranch ppperty. Ia addition, we rutderstanrl tlratyrt- fu.- thr eprings dcscrihd below, is rrscd to irriguc approximile[y e quarter of an acre of
levm and garden at tha Ranch
witcr for$c Rsmch fEcilities is suFplied by two odjudicated springs. The frrsr, Mills
Spriog,.was adjudicated in Case\o. eZCWi+0, Disrict Court Water Division No. 5, for
dorneslic, irrigation (l acre of laruo), fire protccrlon qrd stock watoring uses, at a rereof 0.0334g$ic feet per secorrd{tE gqllotu per rninirtc), ebsolute, with an appmi'riarion clate ot'December
31, 1952. Thc sEcond, Beard Sping, was adiudicated i; Case No. 'BZCW239, for thc sBme uiql
es MiUs Spr'ur8, at a ratc of o.oizl cr$ic fset pel sccond (10 gallors pcr pinute). absolute, with
1n appro,pdation data.offtday 1, 1987. Tho source of both springB is warcr riboiary to
Swcqtu'ater Creek, whish is ujbutnry to $re Colorado Rivori doJreecl as .ispring *ito.,.' tho wsteris classified es st'rrfhcs watcr rathcr thon ground w.ter, an4 is such does n'oi r&"ir" weil pemrits
aud the effects of diversions aru presumed to bo instantsoeous to the stream ty=i*.
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Mr. Territtlfutight
Nover:rber 12, 2004
Page 2
ln our opinion, baserl pn the present uses by the owners of the Ranoh, diversions li'om the
Mllls Spring san be considcrcd as "domestid' u-ses, anrl are theto.llre protocted from.Colorado
River calls 6y releneer from lhe Weet Slopo users' pool ia Orccn Mourttdn Rcservair-
tiotu,ithstaniiug ilrc likety availabiliry ofGrcqr Miuntsin protcction, thc Ranr.:h hut applied tbr
a 4Gyeor watcr zupply crntmct fiorn the Colorado Rivcr Water Couscrration District ("Rivcr
OistriC). This coirnacq for an allotm.ent of 2 aoc-fea of s,Bter annrrally iuWoltix$ Mountain
Resrrvoir, will prctec{ tho prcscnt cumulative estimated diversions from hoth the Mills lnrinE
ruxl tho Bcord Spring, for botlr domcstic and irrigarion pgss. from cells pn the Colorudo River.
!yh. Frffik Sobnflhor, tbc Wstcr Comrniesioner fur Water Distrist 53, hos preliminmly
indioated approvat of e eurface wata'cxchangeby the Ranch involving the conlract wanr urd
the springs, during aNovernbcr 5, 2004 telephorlc egnversation.
We undemtand that eubscqucnt pluus for tlre Rotrch sought as part o'Fthe spccinl usc
pcrrrit apBlicatiorr, moy result in in incieoscd diversion dentund to approairaswly 2677 -5 gnllons
po clay, oi about 3.0 aireftet Fer yesr (again assuming led-muffl maxi8rurn occupancy),
Lxdusireof irigatioo. To the cxtcnt the Ranclr subsequently implemcnE such plans, the Rnnclt
ca1 apply to theRiver District to ipcreusc tlre anrount of its allobneot contfact aceordingly.
Accordingty, assumkrg apprcvot of the R.rndr's applicuion for a water allotmeu coDtract
with the River District, it is our opiuion ttret the Ranch has adequatcly ad&csserl thc water
conc€f,n raiscd by Resour:ce in its Septarrtrer 21, 2001 letler.
Please coffact u$ If you heve any qucstions.
Sirl4fely. -
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Ruymond L. PoHs, Jr,
David S. Flayes
DSH:jd
EoclosureCc; Mr. lerry Counet
Mr. Michael Erion
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