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STATE OF COLORADO )
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County of Garfield )
At a regular meeting of the Board of County Commissioners for Garfield County,
Colorado, held in the Commissioners' Meeting Room, Garfield County Courthouse, in Glenwood
Springs on, Monday, the 15th day of March A.D. 2010, there were present:
Commissionez
John Martin Chairman
Mike Samson Commissioner
Ueboran utnn
Marian Cla on Deputy Clerk of the Board
Ed Green (absent) County Manager
when the following proceedings, among others were had and done, to -wit -
RESOLUTION NO. 2010-.18
A RESOLUTION CONCERNED WITH THE APPROVAL OF A LAND USE CHANGE
PERMIT, LIPA 6239, FOR STORAGE: SUPPLIES, MACIH NERY, EQUIPMENT, OR
PRODUCTS, LOCATED WEST OF COUNTY ROAD 215 AND 4 MILES NORTHWEST
OF PARACHUTE, AND WITGOPEREDW D THE PUCKETT LAND
SLY
PARCEL NQ# 2171-291-00-005
Recitals
A. The Board of County Commissioners of Garfield County, Colorado, received an
application for a Land Use Change Permit to allow for Storage: Supplies, Machinery,
Equipment, and Products.
B. The 4.7 -acre site is located west of County Road 215, four miles northwest of
Parachute, CO, and within property owned by the Puckett Land Company.
C. The 4.7 -acre site is described in the application documents and attached hereto as
Exhibit A and incorporated by this reference;
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D. The subject property is contained within the Resource Land/Gentle Slopes zoning
district and a Land Use Change Permit for Storage: Supplies, Machinery, Equipment, and
Products requires approval of a Limited Impact Review Process by Garfield County.
E. The Board is authorized to approve, deny or approve with conditions a Land Use
Change Permit for Storage: Supplies, Machinery, Equipment, and Products pursuant to Section
1-301 and 4-105 of the Garfield County Unified Land Use Resolution of 2008, as amended.
F. The Board of County Commissioners opened the public hearing on the 15th day of
March, 2010 upon the question of whether the Land Use Change Permit application, LIPA 6239,
for Storage: Supplies, Machinery, Equipment, and Products, should be granted or denied, during
which hearing the public and interested persons were given the opportunity to express their
opinions regarding the application.
G. The Board of County Commissioners closed the public hearing on the 15th day of
March, 2010 to make a final decision.
H. The Board on the basis of substantial competent evidence produced at the
aforementioned hearing, has made the following determinations of fact:
1. That proper public notice was provided as required for the hearing before the Board of
County Commissioners.
2. That the hearing before the Board of County Commissioners was extensive and complete,
that all pertinent facts, matters and issues were submitted or could be submitted and that
all interested parties were heard at that meeting_
3. That for the above stated and other reasons, the Land Use Change Permit for Storage:
Supplies, Machinery, Equipment, and Products is in the best interest of the health, safety,
morals, convenience, order, prosperity and welfare of the citizens of Garfield County.
4. That the application, if all conditions are met, will be in conformance with the applicable
Sections of the Garfield County Unified Land Use Resolution of 2008 as amended.
RESOLUTION
NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield
County, Colorado, that:
A. The forgoing Recitals are incorporated by this reference as part of the resolution.
B. The Land Use Change Permit, LIPA 6239, to allow for Storage: Supplies, Machinery,
Equipment, and Products is hereby approved subject to compliance with the following
conditions:
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I. All representations made by the Applicant in the application, and at the public hearing before
the Board of County Commissioners, shall be conditions of approval, unless specifically
altered by the Board of County Commissioners.
2. The operation of the facility shall be done in accordance with all applicable Federal, State,
and local regulations governing the operation of this type of facility.
3. Vibration generated: the facility shall be so operated that the ground vibration inherently and
recurrently generated is not perceptible, without instruments, at any point of any boundary
line of the property on which the use is located.
4. Emissions of smoke and particulate matter: the facility, generator, pump, or related driveway
and parking area shall be so operated so as to comply with all Federal, State and County air
quality laws, regulations and standards, including CDPhE APCC Regulation I for dust.
5. Site operations shall not emit heat, glare, radiation, dust or fumes which substantially
interfere with the existing use of adjoining property or which constitutes a public nuisance or
hazard.
6. All equipment and structures associated with this permit shall be painted with non -reflective
paint in neutral colors to reduce glare and mitigate any visual impacts.
7. The applicant shall install a site -obscuring fence on the site boundaries.
8. Volume of sound generated shall comply with the standards set forth in the Colorado Revised
Statutes.
9. All lighting associated with the property shall be directed inward and downward towards the
interior of the property.
10. The Applicant shall adhere to the Stormwater Management Controls and the required
procedures detailed in the Materials handling and Spill Prevention detailed in Section 3 of
the Stormwater Management Plan and attached hereto as Attachment 1.
11. The Applicant shall adhere to the mitigation recommendations identified in the Wildlife and
Sensitive Area Report as follows:
a. Reclamation areas shall include Wyoming and Big Basin Sagebrush in the re -
vegetation seed mix. Local sagebrush seed should be used.
b. The applicant shall control noxious and invasive weeds to maintain native vegetation.
c. No development activity should occur between January 1 and March 31 to meet
CDOW and COGCC standards for the protection of Mule Deer critical range in the
project area.
d. Brush clearing activities shall occur outside of the migratory bird nesting season which
is between May 1 and July 31.
e. Site construction activities shall comply with the following site development standards
to protect Wild Turkey production:
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i. Confine construction activities to the immediate site. If additional storage,
parking, etc is needed outside of the immediate area it should extend to the north,
south or east. No extension to the west (toward Parachute Creek) should occur.
ii. No activity should occur within the Parachute Creek riparian area or areas
immediately adjacent to the riparian zone.
iii. Loud noise (greater than 85 db) from machinery and equipment should be
avoided at the laydown site until two hours after sunrise to minimize interference
with turkey mating displays. Turkey mating displays are both visual and sound
dependent and keeping noise below the 85 db threshold will reduce potential
interference with turkey mating displays and reduce impacts that could
negatively affect turkey reproduction.
f. Construction activities shall be scheduled so that they do not interfere with breeding,
nesting, and brood rearing activities for Raptors which are identified in Table 4 (page
13) of the Wildlife and Sensitive Areas Report and attached hereto as Attachment 2.
g. Soil erosion control within the project area shall be implemented.
12. The following recommendations and requests of the County Vegetation Management
Department shall become conditions of approval: '
a. The applicant shall construct a washing station to power wash and remove all
seeds, soil, and vegetative matter for all construction, heavy or off road equipment
and transport during construction. This would include backhoes, trackhoes,
dozers, blades, rollers, lowboys, and equipment trailers. Equipment shall be
considered clean when a visual inspection does not disclose seeds, soil, vegetative
matter, and other debris that could contain or hold seeds.
b. The applicant has provided an acceptable menu of seed mixes.
c. All seed tags must be saved and made available to the Vegetation Management
Department for verification.
d. The applicant has quantified the surface area to be disturbed as 5.0 acres on
private land. Staff recommends a security of $20,000 based on the long-term rate
of $4000/acre x 5.0 acres.
e. The security shall be held by Garfield County until vegetation has been
successfully reestablished according to the Reclamation Standards in the Garfield
County Weed Management Plan. It is the responsibility of the applicant to
contact the County, upon successful revegetation establishment, to request an
inspection for security release consideration.
f The Reclamation Standards at the date of permit issuance are cited in Section
4.06, 4.07 and 4.08 of the Garfield County Weed Management Plan (Resolution
#2002-44).
13. The following recommendations and requests of the Garfield County Road and Bridge
Department shall become conditions of approval:
a) A driveway access permit is required for this application with conditions specific to
the driveway access location.
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i. The conditions would include a paved or concrete apron the width of the
driveway access, 10 feet in length from the edge of pavement on Cr. 215
and a minimum depth of 4 -inches.
ii. A stop sign shall be required at the entrance to Cr. 215. The sign and
installation shall be as required in the MUTCD (Manual on Uniform
Traffic Control Devices).
b) Petroleum Development Company may be asked in the future to contribute to road
improvements on County Road 215.
c) All vehicles hauling equipment and materials for this project, including items to be
stored shall abide by Garfield County's oversize/overweight system. All vehicles
requiring oversize/overweight permits shall apply for them at Garfield County Road
and Bridge Department.
d) All vehicles applying for oversize/overweight permits shall have a letter or e-mail
from Petroleum Development Company stating said vehicles can obtain
oversizeloverweight permits under their road bond on file with Garfield County.
14. The Applicant shall adhere to the following Garfield County Public Health conditions:
a The applicant shall comply with the Fugitive Dust requirements for disturbances of
greater than 5 acres in Garfield County and obtain a construction permit from CDPHE
APCD in accordance with Regulation I of the Air Pollution Control Commission. In
addition, fugitive dust from haul roads and material storage and handling operations
are also covered under the above noted rules.
b. Access roads and disturbed areas adjacent to CR 215 shall provide adequate surface
stabilization and long temp maintenance to reduce fugitive dust and particulate matter.
c. A dust mitigation plan shall be. required as a condition of approval.
d. Puckett Land Company shall adopt, implement, and enforce a no idling policy for
vehicles on this site as part of their air quality protection efforts.
Dated this fjjday of ^ A.D. 20j —0.
ATTEST: GARFIELD COUNTY BOARD OF
COMMISSIONERS, GARFIELD
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Upon motion duly made and seconded the foregoing Resolution was adopted by the
following vote:
COMMISSIONER CHAIR JOHN F. MARTIN AYE
COMMISSIONER MIKE SAMSON AYE
Tn QT UnT TT)T , AY"
STATE OF COLORADO )
)ss
County of Garfield )
1 y County Clerk and ex -officio Clerk of the Board of
County Commissioners, in and for the County and State aforesaid, do hereby certify that the
annexed and foregoing Resolution is truly copied from the Records of the Proceeding of the
Board of County Commissioners for said Garfield County, now in my office.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said
County, at Glenwood Springs, this _ day of A.D. 20--
County
0_
County Clerk and ex -officio Clerk of the Board of County Commissioners
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STORMWATER MANAGEMENT CONTROLS
3. a SWMP Administrator
The sWMP Administrator for the Petroleum Development Corporation Lay Down Yard is:
Eric R. Stearns
P.O. Box 2612o Genesis Blvd.
Bridgeport, WV 26330
Phone: 3041842-6256
3.b Identification of Potential Pollutant Sources
1) all disturbed and stored spits will be evaluated for erosion potential and potential to contribute to
stormwater pollution and BMPs to prevent such occurrence will be implemented on a case by case basis.
2) vehicle tracking of sediments will be evaluated for erosion and pollution potential. BMPs will be chosen
according to the potentials on a case by case basis.
3) management of contaminated soils will be done by containment immediately and managing them at an
appropriate facility.
4) loading and unloading operations will be evaluated and identified for potential for pollution. The following
is the procedure for dealing with liquid loading and unloading procedures;
5) outdoor storage activities will be evaluated for potential to pollute Stormwater runoff. Appropriate BMPs
and
belachi abe chieved by keeping materials with potential for emented n a case by case basis. apollution covered orlenclosed in containerson of contt with or
water will
packaging.uire the operators to ensure that no fluids
6) vehicle and equipment maintenance and fueling procedures require
or materials are spilled. if they are spilled, they will be immediately contained and disposed of at an
appropriate disposal facility.
7) significant dust or particulate generating processes will be evaluated and regulated by the application of
water to eliminate possible wind erosion or transport.
8) routine maintenance activities involving fertilizers, pesticides, detergents, fuels, solvents, & oils will be
very infrequent. When applying pesticides or herbicides, wind and moisture conditions will be evaluated and
if either are found to be present and could possibly lead to contamination, such procedures will be delayed
and attempted again when conditions are conducive to application without elevated pollution possibilities.
9) on-site waste management practices (waste piles, liquid wastes, dumpsters, etc.) will be enacted on all
sites. Trash receptacles will be located on all active sites. Good housekeeping principles will be enacted
throughout the entire permitted area. Disposal will be by contractors with appropriate handling equipment.
10) concrete truck/equipment washing, including the concrete truck chute and associated fixtures and
equipment will be infrequent within the permitted area. These procedures are covered under the permit. If
washing of concrete trucks and equipment takes place, the water will be contained in an earthen basin. The
location will be noted on site specific maps.
11) dedicated asphalt and concrete batch plants will not be present within the permitted area.
12) non -industrial waste sources such as worker trash and portable toilets will be contained in receptacles
designed for the specific purpose. These will be disposed of by contractors with specialty designed
equipment and dispose of according to local requirements at appropriate facilities.
13) other areas or procedures where potential spills can occur will be evaluated on a case by case basis
and BMP's will be implemented according to the specific potential for pollution.
3.c BMPs for Stormwater Pollution Prevention
3.c.1 Structural Practices
The description and application practices of structural practices available and/or implemented can be found
in the BMP manual. The location of structural BMPs will be found in the site specific maps.
3.c.2 Non -Structural Practices
The description and application practices of non-structural BMPs available and/or implemented will be found
in the BMP manual. The location of non-structural practices will be found in the site specific maps.
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3.e.3 Phased BMP installation
Preconstruction BMPs will include a down gradient perimeter BMP (wattle), with a slash pile inside. A
diversion trench will be inside the slash pile, creating diversion to direct runoff to the designated point for
control.
BMPs for the actual construction phase will consist of grading and stabilization through surface roughening.
The pad surface will be an improved unpaved surface to reduce tracking and sediment migration. Sediment
traps will be located on the three down gradient corners to treat runoff water prior to leaving the site. A
culvert will be placed at the access point to the pad. A run-on diversion trench will be located on the up -
gradient side of the pad to reduce the amount of runoff from the site. Where appropriate, check dams will be
placed in diversion trenches to reduce velocity and sediment migration. If necessary, armored rundowns will
be utilized to transport runoff from the top of slopes to the base of slopes. A pad perimeter BMP consisting
of a berm will be implemented at the top of fill slopes.'
Interim reclamation BMPs will consist of any of the following, seeding and straw crimping, hydromulching,
drill seeding, seeding with blanketing. These will be determined by the actual slopes present once the
construction has been completed.
Final reclamation BMPs will consist of recontouring the site to as close to original slopes. Seeding and
r -vegetation to a 70% distribution of original density will take place, prior to being released from the CDPHE
regulatory compliance.
3.c.4 Materials Handling and Spill Prevention
Fuels and Materials Management
Petroleum products which may be present at the construction site include: gasoline, diesel fuel, lubricant
ails, hydraulic oils, used oils, and solvents. Gasoline and diesel fuel will be stored in portable storage tanks
with secondary containment. Lubricant, hydraulic, and miscellaneous oils and solvents will be stored in 55 -
gallon or smaller containers.
Pollutants from petroleum products used during construction activities adhere easily to soil particles and
other surfaces. In case of a spill or leak, soils contaminated with petroleum products will be contained and
removed to a proper disposal site. Proposed soil erosion and sediment control practices will aid in retention
of spills or leaks. Use of secondary containment and drip pans will reduce the likelihood of spills or leaks
contacting the ground. Proposed maintenance and safe storage practices will reduce the chance of
petroleum products contaminating the road site. Oily wastes such as crankcase oil, cans, rags, and paper
containing oils will be placed in proper receptacles and disposed of or recycled. An additional source of
petroleum contamination is leaks from equipment and vehicles. Routine daily inspections will be conducted
to identify leaks and initiate corrective actions, if needed.
The following guidelines for storing and managing petroleum products will be used:
All product containers will be clearly labeled.
Drums will be kept off the ground within secondary containment and stored under cover if needed.
Fuel tanks will be stored within secondary containment.
Lids of drummed materials will be securely fastened.
e Emergency spill response procedures will be available on-site. Persons trained in handling spills will
be on call at all times.
Spill cleanup and containment materials (absorbent, shovels, etc.) will be easily accessible. Spills
will be immediately cleaned up and contaminated materials will be properly stored on site until they
can be disposed of in accordance with applicable regulations.
Storage areas and containers will be regularly monitored for leaks and repaired or replaced as
necessary. Contractors and subcontractors should be reminded about proper storage, handling and
transferring of petroleum products or other hazardous materials during safety meetings.
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PDC's Health and Environmental Regulatory Advisor (HES) will coordinate agencies reporting and
statements.
Spills or releases of any size that impact or threaten to impact any waters of the state, residence or
occupied structure, livestock or public byway, shalt be verbally reported to the CDPHE. If the spill may
reach waters of the state (which includes surface water, ground water and dry gullies or storm sewers
leading to surface water), it must also be reported immediately to the Colorado Department of Public Health
and Environment (CDPHE) at 1-877-518-5608.
Spills or releases of more than 25 gallons of refined petroleum crude oil products such as gasoline, diesel "
fuel, oil, or derivatives of mineral, animal or vegetable oil shall be reported to the state of Colorado Division
of Oil and Public Safety at (303) 318-8547 within 24 hours.
A hazardous substance release in any amount which enters or threatens to enter waters of the state shall
be reported to Colorado Department of Public Health & Environment (CDPHE).
All spills, leaks, or overflows that result in the discharge of pollutants will be documented.
Other Chemicals Products Management
Additional materials will be used and stored on site for use in construction. These materials will be stored
appropriately and managed to minimize spills and leaks. Storage areas will be regularly inspected and any
minor spills or leaks will be cleaned up immediately.
Materials Management
The a Lay Down Yard will be maintained with good housekeeping and will be inspected on a regular basis
for spills, leaks, and potential of materials commingling with stormwater runoff.
3.c.5 Dedicated Concrete or Asphalt Batch Plants
There wilt be no dedicated Concrete or Asphalt batch plants within the permitted area. This SWMP will be
amended if this changes in the future.
3.c.6 Vehicle Tracking Control
Vehicle tracking control will be minimized by the construction of roads and travel areas by good engineering
principles. Roads will be properly graded to control runoff and erosion. Road surfaces will be upgraded by
the addition of gravel or roadbase being placed on the roadway surface. BMPs will be installed along
roadways to control runoff and sediment.
3.c.7 Waste Management and Disposal including Concrete Washout
Waste Management and Disposal
Other wastes may include the following:
o Sagebrush, shrubs and trees from clearing operations
o Trash and debris from construction materials and workers
o Sanitary sewage.
Each of these wastes will be managed so as to not contribute to stormwater pollution. Construction trash
and debris will be collected in containers and hauled off-site for disposal in suitable landfills. Sanitary waste
will be containerized in portable toilets or other storage tanks with waste materials regularly pumped and
transported off-site for disposal at approved facilities. There will be no Concrete washout on the site.
3.c.8 Groundwater and stormwater Dewatering
Stormwater runoff will be separated from contamination and dewatering by diversion and grading. The two
will not be allowed to come in contact with each other. This is not anticipated at this time. if in the future
dewatering of any kind takes place, the SWMP will be amended to reflect the changes.
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protection of mule deer critical winter range in the project area- The CROW at this time does not
have tinning restrictions for elk winter concentration areas; however a consultation with the
CROW is recommended for the protection sensitive wildlife habitat as defined in the COGCC
rules.
7.2.2 Migratory Birds
In order to comply with the Migratory Bird Treaty Act by showing a good faith effort to reduce
potential impacts on nesting birds, if any brush clearing is necessary, it should take place outside
of the nesting seasons. Nesting season is generally considered between May I and July 31 in this
area for most species. June 1 to July 15 is the peak period when most incubation and brood
rearing takes place. If brush clearing can occur prior to May 1, most affected birds will relocate
to alternate nesting sites. After mid-to-late July, most fledging has occurred and brush clearing
impacts would be minimized.
Often, young birds have fledged by May 15. Because suitable Pinyon Jay habitat is not present
at the project site, the pre -May I vegetation clearing recommendation is acceptable and adequate
to avoid destruction of any potentially active migratory bird nests.
7.23 Raptors
Activities associated with the proposed laydown yard may impact raptor populations that nest
within the riparian habitat along Parachute Creek. In order to reduce the potential affects to
nesting raptors, it will be important that the project proponent schedule construction activities
such that they do not interfere with breeding, nesting and brood rearing activities. W 4VB's
recommended raptor nest site avoidance standards for the species observed in this survey are
summarized below (Table 4) (Craig 2002, Klute 2008, Kingery 1998). If the project cannot be
, the riparian habitat along Parachute Creek should be
completed prior to the next nesting season
re-surveyed during the raptor breeding and nesting season, to search for and identify occupied
raptor nests near the project. If any birds are found behaving in a manner consistent with
nesting, every effort should be made to apply the timing limitation and buffer distance
stipulations.
VJestWater Engineering
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PUCKETT LAND COMPANY
PARCEL NUMBER 2171-291-00-005
LEGAL DESCRIPTION
TOWNSHIP 6 SOUTH, RANGE 96 WEST, 6TH P.M.
SECTION 28: LOT 4 (ALSO DESCRIBED AS NW/4 NW/4)
SECTION 29: LOTS 1, 5, 6 AND 7 (ALSO DESCRIBED AS THE E/2 NE/4 AND N/2
SE14), TOWNSHIP 6 SOUTH, RANGE 96
WEST, 6TH P.M. SECTION 28: S/2 NW/4 AND THAT PART OF THE NW/4 SW/4 (ALSO
DESCRIBED AS LOT 9) DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT THE
NORTHWEST CORNER OF SAID NW/4 SW/4; THENCE SOUTH 757 FEET; THENCE
EAST 15 FEET; THENCE NORTH 64 DEGREES, EAST 106 FEET; THENCE NORTH
89 DEGREES EAST 64 FEET; THENCE SOUTH
63 DEGREES EAST 196 FEET; THENCE NORTH
42 DEGREES EAST 261 FEET; THENCE SOUTH
81 DEGREES EAST 97 FEET; THENCE SOUTH
35 DEGREES EAST 116 FEET; THENCE SOUTH
10 DEGREES WEST 63 FEET; THENCE SOUTH
46 DEGREES WEST 90 FEET; THENCE SOUTH
11 DEGREES EAST 214 FEET; THENCE SOUTH
42 DEGREES EAST 270 FEET; THENCE EAST
450 FEET TO THE SOUTHEAST CORNER OF
SAID NW/4 SW/4; THENCE NORTH 1320 FEET;
THENCE WEST 1320 FEET TO POINT OF BEGINNING; ALSO, THE NE/4 SW/4 EXCEPT
THAT PART OF SAID NE/4 SWA DESCRIBED AS FOLLOWS, TO -WIT:
BEGINNING AT THE SOUTHEAST CORNER OF SAID NE/4 SW/4; THENCE NORTH 214
FEET; THENCE NORTH 47 DEGREES WEST 463 FEET; THENCE SOUTH 50 DEGREES
WEST 798 FEET; THENCE EAST 965 FEET TO POINT OF BEGINNING.