HomeMy WebLinkAbout3.0 BOCC Staff Report 03.17.2014Board of County Commissioners — Public Hearing Exhibits
Langegger Ruby River Ranch Resort
Amended Special Use Permit
Applicant is Peter Langegger
March 17, 2014
(File SUAA-7776)
Exhibit
(Numerical)
Exhibit Description
1
Public Hearing Notice Form and Proof of Publication
2
Return Receipts from Mailing Notice
3
Photo evidence of Public Notice Posting
4
Garfield County Land Use and Development Code, as amended
5
Garfield County Comprehensive Plan of 2030
6
Application
7
Staff Report
8
Staff Presentation
9
Referral Comments from Garfield County Consulting Engineer
10
Referral Comments from Garfield County Road and Bridge
11
Referral Comments from Garfield County Vegetation Manager
12
Referral Comments from Garfield County Environmental Health
13
Referral Comments from Colorado River Fire Rescue District
14
Referral Comments from Colorado Division of Water Resources
15
Supplemental Comments from Division of Water Resources
16
Assignment Letter Toler to Peter Langegger and Ownership Deed
17
Authorization for Representation
18
Updated Listing of Property Owners within 200 ft. & Mineral Owners
19
20
21
22
23
24
EXHIBIT
Garfield County
PUBLIC HEARING NOTICE INFORMATION
Please check the appropriate boxes below based upon the notice that was conducted for your public
hearing. In addition, please initial on the blank line next to the statements if they accurately reflect the
described action.
EK My application required written/mailed notice to adjacent property owners and mineral
owners.
W( Mailed notice was completed on the 1
QQ 0 day of �/� / , 2014.
All owners of record within a 200 foot radius of the subject parcel were identified as
shown in the Clerk and Recorder's office at least 15 calendar days prior to sending
notice.
All owners of mineral interest in the subject property were identified throw records in
th Clerk and Recorder or Assessor, or through other means [list]
�OV►�insfl k -t) \Q. 1-11- 714 CnotraiV
■ Please attach proof of certified, return receipt requested mailed notice.
a
zelMy application required Published notice.
biz Notice was published on the 10 -day of Nur , 2014.
• Please attach proof of publication in the Rifle Citizen Telegram.
r.„ --Er
My application required Posting of No\ire.
Notice was posted on the C. day of `da (lam, 2014.
6c, Notice was posted so that at least one sign faced each adjacent road right of way
generally used by the public.
I testify that the above information is true and accurate.
aro`.,\
Name:
Signature:
Date:
Ad Name: 9938477A
Customer: Barbara L. Clifton, PC
Your account number is: 5291906
PROOF OF PUBLICATION
THE RIFLE
CITIZEN TELEGRAM
1 ,
STATE: OF COLORADO,
COUNTY OF GARFIELD
I, Jim Morgan, do solemnly swear that 1 am General
Manager of The Rifle Citizen Telegram, that the same
weekly newspaper printed. in whole or in part and
published in the County 01 -Garfield. State of Colorado,
and has.generalcirculation therein; that said newspaper
has been published continuously and uninterruptedly in
said County of Garfield for a period of more than fifty-
two consecutive weeks next prior to the first publication
of the annexed legal notice or advertisement; that said
newspaper has been admitted to the United States
mails as a periodical under the provisions of the Act of
March 3, 1879, or any amendments thereof, and that
said newspaper is a weekly newspaper duly qualified
for publishing legal notices and advertisements within
the meaning of the laws of the State of Colorado.
That the annexed legal notice or advertisement was
published in the regular and entire issue of every number
of said weekly newspaper for the period of 1
consecutive insertions; and that the first publication
of said notice was in the issue of said newspaper dated
2/13/2014 and that the last publication of said notice
was dated 2/13/2014 the issue of said newspaper.
In witness whereof, I have here unto set my hand this
02/21/2014.
C �
Jim Morgan, General Manager
Publisher Subscribed and sworn to before me, a
notary public in and for the County of Garfield, State
of Colorado this 02/21/2014.
My Commission Expires 11/01!2015
Pamel�Schultz�ublic
My Commission expires:
November 1, 2015
PUBLIC NOTICE
a- t Langegger has applied
to t Commissioners Garheld
a:- ; to request approval of
., Change Permit - Special
Us- -• - er SUAA-7776) for modl6
ca! , . - 'y'Resort Special Use Permit
Th- o the County 01 Garl,eld
Siasi;d• a
Description
I S-- a"e. "r'1 r . : A" - to be inserted by the
Aix • . 1.
Pr.,. ' . - • . the properly Is located ap-
pm. ,i.h of the Town of Sm. locat-
ed IF 1 0 ., ; I+` -ad 311 II has a current Spe-
ci2 �••:• l'.'ry • ,pproxtmalely 6.87 acres for a
res.. - . .`5 camosdes and support fa-
GI:I • ate.=• I,ati .1 .s located in Section 10.
rhe :1.1701 ,,,t;F.r•,y known by Assessors Par,
cel r.. , • 516
Req. r.. 1•,' apP^ca5on proposes an amend -
me -' construction of a combined
Dalt,•, .. •,y ..,ntainmg bathroom shower
�
' cleaning and related support
arae -•'ties a' .1 e -'at .ocahon within the resort ta•
cdu V •. ,s an expansion of previous
apor • ,-til 1 +lived for a laundry building and
I•'ies The Applicant Is also re-
ques'-'y Condition #8 from Resolution
No 7004 ' rr.gmres any expansion of the
use oe app's ,eo oy the Board of County Com-
,Thss ^ems 1-,e amendment would allow future
modal capons Io 04 sublect to the current Land Use
and Develocmen1 Code provisions regarding mi-
nor and subsea^oat modifications. The property Is
zoneo Pura. Rt
All persons a.tecte0 ny the proposed use are invit-
ed to appea• aha state their views. protests or sup-
port if you cannot appear personally al such
hearing then v0L., are urged to state your views by
letter as the 3oard of County Commissioners will
give consderaoon to the comments of surrounding
properly ownerand others affected, in deciding
whether to approve. approve with conditions or de-
ny one request for an Amended Land Use Change
Perms . Speca' Use Permit. The application may
be reviewed at the office of the Community Devel-
opment Depalment located at 108 8th Street,
Suite 401 Garne d County Plaza Building Glen-
wood Springs Coiorado 81601. between the hours
of 8.30 a m and 5 00 p m.. Monday through Friday
A public hear•ng on the application has been
scheduled for the 1 710 day of March 2014 at 1 0
PM and will be held in the County Commissioners
Meeting Room Garfield County Plaza Building,
108 81h Street. Glenwood Springs. Colorado.
81601
Community Development Department
Garfield County
EXHIBIT "A"
LEGAL DESCRIPTION
A TRACT OF LAND SITUATED IN LOT 9, OF
SECTION 10. TOWNSHIP 6 SOUTH, RANGE 92
WEST OF THE SIXTH PRINCIPAL MERIDIAN
BEING THAT PARCEL OF LAND DESCRIBED
AS PARCEL 2 TOGETHER WITH A PORTION OF
THAT PARCEL DESCRIBED AS PARCEL 1 AS
DESCRIBED IN BOOK 703 AT PAGE 94 IN THE
RECORDS OF THE GARFIELD COUNTY CLERK
AND RECORDER AND BEING MORE PARTICU-
LARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT WHENCE THE WEST-
ERLY RIGHT OF WAY LINE OF COUNTY ROAD
NO. 331 INTERSECTS THE SOUTHERLY LINE
OF THE SOUTH CHANNEL OF THE COLO-
RADO RIVER AND WHENCE THE NORTHEAST
CORNER OF SAID SECTION 10 BEARS
N 08 DEGREES 44' 44" E 3612 .35 FEET;
THENCE S 00 DEGREES 37' 06" E 354.32 FEET
ALONG THE WESTERLY RIGHT OF WAY LINE
OF SAID ROAD;
THENCE CONTINUING ALONG SAID RIGHT OF
WAY S 00 DEGREES 27' 23" W 236.07 FEET;
THENCE DEPARTING SAID RIGHT OF WAY S
74 DEGREES 07' 10" E 560.15 FEET;
THENCE N 09 DEGREES 57' 32" W 395.19 FEET
TO SAID SOUTHERLY LINE OF SAID SOUTH
CHANNEL;
THENCE ALONG SAID SOUTHERLY UNE N 57
DEGREES 23' 43" E 369.90 FEET;
THENCE N 61 DEGREES 04' 03 E 101 .00 FEET;
THENCE N 61 DEGREES 35' 16" E 114.47 FEET;
THENCE N 63 DEGREES 38' 48" E 116.61 FEET
TO THE POINT OF BEGINNING.
COUNTY OF GARFIELD
STATE OF COLORADO
Published in the Citizen Telegram February 13,
2014. (9938477)
EXHIBIT
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Account: R230949
Location
Parcel Number 2179-104-00-517
Situs Address ((10471 311 COUNTY
RD
000471 I)I\"II)I. CREEK RD
City Silt
Silt
ZipCode 81652
81652
Tax Area 023 - 2I 11) -SF - 023
Legal Summary Section: 10
Township: 6 Range: 92 A TR IN LO-1-
9
OT9 SEC 10.
Transfer.,
Sale Price
Si
Tax Histor.
Tax Year Taxes
2013 $573.32
2012 $665.04
Otisner 1ntornt:tt, ,:
Owner Name KII R. VAN('l: &
JOAN
Owner Address 471 COUNTY
ROAD 311
SILT, CO 81652
Sale Date
07124 2013
1122 2011
08/23 2011
11;08 2010
Images
Page 1 of 2
1%,.cvctnet: Histor
Actual (2013) $156.210
Primary Taxable $12.4311
Tax Area: 023 Mill bevy: 46.1230
Type Actual Assessed
Improvement $92.210 $7.340
Land $64.000 55.00
Doc Type
1_I
Focusing On: 000471 311 COUNTY RD SILT 8/652
:acres
11.000
_2.1100
SQFT Units
0.000 1.000
0.000 0.000
Book Page
http://act.garfield-county.com/assessor/taxweb/account.j sp?accou... 2/19/2014
Owner's within 200 feet of Parcel 2179-104-00-516
Peter Langegger
361 County Road 311, Silt, CO 81652
Prepared by Commonwealth Title Company
Parcel #
Owner
Mailing Address
2179104 00 110
APC Resources, LLC
14802 W. 44th Ave.
Golden, CO 80403
2179 104 00 517
Vance Kier
Joan Kier
471 County Road 311
Silt, CO 81652
2179 114 00 114
Dixon Water Foundation
4528 County Road 398
Decatur, TX 76234
2179 104 00 177
Divide Creek Enterprises, LLC
PO Box 9
Silt, CO 81652
2179 104 00 176
BY2, LLC
PO Box 1878
Rifle, CO 81650
2179 104 00 470
Town of Silt
PO Box 70
Silt, CO 81652
Book and Page
of document
Mineral Reservations
Interest retained
Book 264 at
Page 201
Daniel A. McPherson
Mary Ellen McPherson
1/2
Book 274 at
Page 359
Daniel A. McPherson also known
as D.A. McPherson
Mary Ellen McPherson
Kenneth A. McPherson also known
as Kenneth McPherson
Bobby L. McPherson also known as
Bobby McPherson
Warren McPherson
7/8
Book 291 at
Page 439
Mary Ellen McPherson also known
as Mary E. McPherson
1/2
Barbara L. Clifton, P.C.
127 E. 5th Street
Rifle, CO 81650
Barbara L. Clifton, Esq. Office: 970-625-2410
bcliftonpc@yahoo.com Fax: 970-625-3305
February 17, 2014
Mineral Interest Owners — Langegger Parcel — 361 County Road 311
Leslie Dale McPherson and Jeanne L. McPherson
1859 County Road 344
Silt, CO 81652
Bobby R. McPherson
P.O. Box 66
Silt, Co 81652
Lana Arleen Scott, June Aleta McNamee, Susan Alatia Powell, Donna A Geiser
12555 S. Cloverdale
Kuna, ID 83632
Peter Langegger
(Property Owner/Applicant)
EXHIBIT
� {p
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BOCC 3/17/14
File No. SUAA-7776
GH
PROJECT INFORMATION AND STAFF COMMENTS
REQUEST Amended Special Use Permit — Ruby River
Ranch Resort
APPLICANT/PROPERTY OWNER Peter Langegger (Assigned from previous
Applicants/Owners Thom and Camille Toler)
ASSESSOR'S PARCEL # 2179-104-00-516
PROPERTY SIZE 6.87 acres
LOCATION The property is located approximately 1/2 mile
south of the Town of Silt, located at 361
County Road 311, in Section 10, T6S, R92W.
EXISTING ZONING The property is zoned Rural (R)
I. GENERAL PROJECT DESCRIPTION
The Applicant has a current Special Use Permit for the operation of a Resort including
a lodge facility, cabins, a trout fishing pond, fish cleaning facility, laundry facility,
campsites and related support facilities and amenities on the approximately 6.87 acre
property. The Special Use Permit was conditionally approved by Resolution No. 2004-
112 (included in the Application submittals). The Special Use Permit was issued based
on compliance with the required conditions of approval. The Applicant also received
approval in 2009 by a Directors Decision an Administrative Non -Substantial Change to
the Resort to allow 10 campsites with portable facilities in the day use area of the site.
The current Application is limited to an amendment that would allow construction of a
combined bathhouse building containing bathroom, shower, laundry, storage, fish
cleaning and related support amenities at a central location within the resort facility.
The proposal is an expansion of previous approvals that allowed for a laundry building
and fish cleaning facilities. The Applicant is also requesting removal of Condition #8
from Resolution No. 2004-112 that requires any expansion of the use to be approved
by the Board of County Commissioners. The amendment would allow future
modifications to be subject to the current Land Use and Development Code provisions
regarding minor and substantial modifications.
1
VICINITY MAP
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As previously approved the facility is served by private wells and engineered individual
septic disposal systems (engineered due to high ground water). A new engineered
system has been designed to serve the proposed bath house/laundry building. As with
previous approvals the proposed building is located within the 100 year flood plain and
will require flood plain permitting in accordance with the Land Use and Development
Code. Said permitting typically will require elevation of the structure above the flood
plain and flood proofing of utilities/septic system to protect from flood related damage.
The Application includes descriptions and illustrations of the proposed building which
will be approximately 30 ft. x 20 ft. in size with a storage area above the bathrooms
under the roof eave. The Application indicates that it will have a plate height of 10 ft. —
14 ft. with a pitched roof.
2
II. LOCATION - SITE DESCRIPTION
The property is fully developed with the Ruby River Ranch Resort operation including a
variety of structures and improvements. The site is generally level and mapped to be
within the 100 year flood plain. Portions of the site are maintained as pastures and
meadows and an irrigation ditch crosses the site feeding the fishing ponds with water.
The property has frontage on the Colorado River and a major diversion channel from
the Colorado River. Most vegetation on the property is native including along the river
frontage and camping areas
3
III. PUBLIC COMMENTS AND REFFERAL AGENCY COMMENTS
Public Notice was provided for the Board's public hearing in accordance with the Land
Use and Development Code. Staff has received public inquiries but no public
comments have been received at this time. Staff has provided information to an
adjoining property owner. Comments from referral agencies and County Departments
are summarized below and attached as Exhibits.
1. Garfield County Consulting Engineer, Chris Hale, Mountain Cross Engineering:
• Flood Mitigation needs to be addressed.
• Clarification on well permit usage is needed.
• Water Quality testing and pump tests have not been provided.
• Mound septic system design information is needed.
2. Garfield County Road and Bridge Department:
• Indicated that a driveway permit needs to be obtained with improvements
installed as required.
3. Garfield County Vegetation Manager, Steve Anthony: Did not have any comments
on the request.
4. Garfield County Environmental Health:
• Design for onsite waste water system (mound system)
• Additional CDPHE water quality testing.
• Protection of water quality from potential spills or releases.
5. Colorado River Fire Rescue District:
• Noted previous conditions that require 20 ft. wide fire access roads. Also
discussed the need for all weather driving surfaces.
• Recommended an emergency vehicle turn around at the terminus of the access
road near the bridge.
6. Colorado Division of Water Resources:
• The Division did not support the Application pending new or amended well
permits for wells serving the facility.
• Noted West Divide Water Contracts and irrigation water for the ponds.
• Follow-up comments from the Division indicated that applications for amended
well permits have been filed, were under review by the Division with an
expected issuance date in late February. Follow-up comments are anticipated
once the permits are issued.
7. The Garfield County Flood Plain Manager, Gale Carmoney has conducted a pre -
application meeting with the Applicant regarding a future Flood Plain Development
Permit Application/Requirements.
4
8. Other agencies that did not submit comments include: (a) the Colorado Parks and
Wildlife; (b) CDPHE; (c) Town of Silt.
IV. STAFF COMMENTS AND ANALYSIS
Staff review of the Application has focused on the two amendment requests and
applicable provisions of the Land Use and Development Code relating to water and
waste water plans to serve the building. Compliance with existing conditions of
approval were also a key consideration.
Sections 7-101, 102, & 103 Zone District Regulations, Comprehensive Plan &
Compatibility
1. The Application has previous been permitted with appropriate findings that the
use is in compliance with applicable zoning resolutions and the Comprehensive Plan.
The current proposal is a natural extension of the existing approvals and demonstrates
the same level of compatibility as the original Application.
2. Land Use and Development Code compliance will require Flood Plain permitting
for new building in accordance with the code. Appropriate building permit applications
will also be required. No other zoning issues have been identified.
Section 7-104 Source of Water
3. The Applicant shall be required to finalize any currently pending Applications
with the Division of Water Resources to clearly document a legal source of water for
the proposed bathhouse facility.
4. The Applicant shall be required to provide an updated 4 hour pump test
including a finding of adequacy to serve the proposed use by a qualified professional.
This requirement is consistent with both the Land Use and Development Code
requirements and the existing conditions of approval.
5. The Applicant shall be required to provide updated and expanded water quality
testing in accordance with the Land Use and Development requirements including a
finding that the water is safe for public consumption by a qualified professional or if
needed provide for a plan for water treatment that will meet the required standards.
6. Should the occupancy of the resort/use of the Bathhouse facility exceed
applicable CDPHE standards for number of users, the Applicant will be required to
comply with additional CDPHE water quality testing and monitoring requirements.
Section 7-105 Water and Waste Water Systems
7. The Applicant has applied for approval and submitted initial engineering details
for the proposed mound individual. The Applicant shall complete any required County
5
permitting including submittal of all required engineering including the leach field
system. The Applicant will need to construct the mound system in accordance with the
engineer plans and County approvals.
Section 7-107 Access and Roadways
8. County Road and Bridge Access permits should be required as a condition of
approval including any required improvements at the two access points.
9. The Applicant will need to demonstrate compliance current conditions of
approval requiring fire access roads to be a minimum of 20 ft. in width.
Section 7-203 Protection of Waterbodies
10. The proposed building location meets and exceed the minimum setback
requirement of 35 ft. from a stream or waterbody. Storage of any hazardous material is
not anticipated within the facility. Storage of any chemical associated with the laundry
use and cleaning supplies shall be properly stored and contained within the building.
Other Article 7 Sections
11. Section 7-105 Public Utilities: The site is currently severed by all necessary
public utilities. Any extensions to serve the proposed facility shall be required as part
of the building permit process and include inspections by the State Electrical Inspector.
12. Section 7-108 Use of Land Subject to Natural Hazards: The Applicant shall be
required to comply with Flood Plain Permitting requirements including elevation
requirements to protect the facility from flood damage. No other hazards were
identified in the original review and approvals.
13. Section 7-204 Drainage and Erosion: Construction of the proposed facility and
any related site disturbance shall be properly designed for drainage and restored with
native vegetation and seed mixes as part of the Building Permit process for the facility.
14. Section 7-205 Environmental Quality: All potential hazardous materials or
materials with potential for impacts on water quality shall be properly stored and
contained within the building.
Existing Approvals
15. The Special Use Permit was issued along with a non -substantial amendment
based on ongoing compliance with the conditions of approval. The current operation of
the facility appears to be in general compliance with said approvals except as noted
below:
• Width of emergency vehicle access needs to be a minimum of 20 ft. in width.
6
• Based on the Applicant's improvement location survey the location of the
pedestrian bridge appears to be partially off of the Applicant's property. The
location issue should be corrected by relocation or providing other legally
acceptable solutions such as easements or agreements to allow for the location.
V. COMPREHENSIVE PLAN
The Comprehensive Plan 2030 designates the site as within the Silt Urban Area of
Influence and with a Flood Plain Overlay designation. Excerpts from the County and
the Town of Silt Comprehensive Plan Mapping are provided below. The Silt
Comprehensive Plan Mapping designates the site primarily as Recreation Commercial
with a portion of the northeastern corner of the site designated Natural Resource
Extraction/Future Public Quasi -Public Parks and Open Space.
Excerpt from County Comprehensive Plan
Excerpt from Town of Silt Comprehensive Plan
Natural Resource Extraction/Future Public Quasi -Public Parks & Open Space
Recreation Commercial
Applicant's Site
Comprehensive Plan - Future Land Use 2011: Town of Silt, CO
rown ,6Sib
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VI. SUGGESTED FINDINGS
1. That proper public notice was provided as required for the hearing before the
Board of County Commissioners.
2. The 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.
3. That for the above stated and other reasons the proposed Amendment to the
Langegger Ruby River Ranch Resort Special Use Permit is in the best interest of the
health, safety, convenience, order, prosperity and welfare of the citizens of Garfield
County.
4. That with the adoption of conditions, the application is in general conformance
with the 2030 Comprehensive Plan, as amended.
5. That with the adoptions of conditions the application has adequately met the
requirements of the Garfield County Land Use and Development Code, as amended.
8
VII. RECOMMENDATION
The following recommended conditions of approval are provided for the Board of
County Commissioners consideration.
1. That all representations made by the Applicant in the application shall be
conditions of approval, unless specifically altered by the Board of County
Commissioners.
2. That the operation of the Resort facility shall be done in accordance with all
applicable Federal, State, and local regulations governing the operation of this
type of facility including but not limited to Army Corp of Engineers Permitting and
storage requirements for potentially hazardous or polluting materials.
Conditions Prior to Issuance
3. Prior to the issuance of the Land Use Change Permit, the Applicant shall provide
documentation that all required amended well permits have been issued by the
Division of Water Resources adequate to demonstrate a legal supply of water for
the facility. The well permits shall include use of the wells for the bath house
facility and the Applicant shall keep current all contracts with the West Divide
Water Conservancy required for the issuance of the amended well permits.
4. Prior to issuance of the Land Use Change Permit, the Applicant shall complete a
4 hour pump test and required water quality testing in accordance with the Land
Use and Development Code. The reports shall be accompanied by analysis by a
qualified professional indicating that the well production is adequate to serve the
proposed use and that the water quality is safe for human consumption meeting
applicable CDPHE standards or provide for acceptable treatment options in order
to achieve compliance.
5. Prior to the issuance of the Land Use Change Permit, the Applicant shall obtain a
flood plain development permit for the proposed bath house facility and supporting
infrastructure. The Applicant shall comply with all conditions of said permitting
including flood proofing and elevation as may be required.
6. Prior to the issuance of the Land Use Change Permit, the Applicant shall obtain a
County Driveway Access Permit and comply with any required improvements.
7. The Applicant shall provide evidence that the pedestrian access bridge westerly
landing on the camping area/island is located within the Applicant's property, will
be relocated to the Applicant's property within the same general area of the site
subject to compliance with all County Flood Plain and Army Corp of Engineering
regulations, or provide other evidence acceptable to the County that
encroachment issues have been addressed by easements, use agreements, or
property acquisitions/boundary line adjustments.
9
Waiver Approvals
8. Waivers from Land Use and Development Code requirements for Landscaping
Plans and Traffic Studies are approved pursuant to the approval criteria contained
in Section 4-118.
Other Conditions
9. All previous conditions of approval contained in Resolution 2004-112 shall remain
in effect with the exception of Condition #8 which shall be deleted.
10. In accordance with Resolution No. 2004-112 Condition #7, the Applicant shall
maintain all emergency vehicle access driveways at a minimum width of 20 ft. and
shall provide an emergency vehicle turnaround in the vicinity of the fishing pond.
11. Construction of the proposed facility and any related site disturbance shall be
properly designed for drainage and restored with native vegetation and seed
mixes as part of the Building Permit process for the facility.
12. The Applicant shall complete all remaining engineering required for the septic
system and obtain all required County permits for said system.
13. All potential hazardous materials or materials with potential for impacts on water
quality shall be properly stored and contained within the building.
10
VIEWS OF THE SITE
Approximate Location of
the Proposed Structure
Bridge Landing
Side Channel Location
0111280
11
Proposed
Building
Location
County Road Access and
Access Driveway
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January 31, 2014
Mr. Glenn Hartmann
Garfield County Planning
108 8th Street, Suite 401
Glenwood Springs, CO 81601
RE: Ruby River Ranch Resort: SUAA-7776
Dear Glenn:
MOUNT
ENGINE
Civil and Environmental Consulting and Design
This office has performed a review of the documents provided for the Amended Special Use Permit
Application for the Ruby River Ranch Resort. The submittal was found to be thorough and well
organized. The following comments were generated:
1. The improvements will need to be constructed for mitigation from flooding.
2. The application provides well permitting information but not a description on how the wells
will be used to supply water.
3. A water quality report is provided by it does not say which well was tested and if that is the
well that is anticipated to be used to provide potable water.
4. The application materials do not provide pump tests for the well(s) to be used.
5. A letter explains the septic and dosing tanks for the ISDS. No design information is provided
for the mound leach field. The Applicant should explain what is anticipated for this
component.
Feel free to call if you have any questions or comments.
Sincerely,
Mount4in Cross Engine fring, .Inc.
Chris Hale, PE
826'/2 Grand Avenue, Glenwood Springs, CO 81601
P: 970.945.5544 F: 970.945.5558 www.mountaincross-eng.com
Glenn Hartmann
From: Dan Goin
Sent: Monday, January 13, 2014 12:19 PM
To: Glenn Hartmann
Subject: Toler -Ruby River Ranch Resort
Glenn,
EXHIBIT
1 IU
We do not have a current driveway permit for this entrance on file, and this driveway does not meet current
specifications. They will need to apply for a driveway permit then improve the driveway to meet these. The grade from
road and a apron off the county road are the main issues.
Thanks
Dan
1
January 30, 2014
EXHIBIT
1 II
Garfield County
Glenn Hartmann
Garfield County Community Development Department
RE: Toler/Ruby River Ranch Resort SUAA-7776
Dear Glenn,
I have no comments on this application.
Please let me know if you have any questions.
Steve Anthony
Garfield County Vegetation Manager
Vegetation Management
0375 County Road 352, Bldg 2060
Rifle, CO 81650 Phone: 970-945-1377 x 4305 Fax: 970-625-5939
EXHIBIT
Glenn Hartmann
From: Morgan Hill
Sent: Thursday, January 30, 2014 5:36 PM
To: Glenn Hartmann
Subject: Toler -Ruby River Ranch
Hi Glenn,
I am less familiar with Special Use Permit Applications, but have several comments for the Toler -Ruby River Ranch
Resort:
Onsite Wastewater Treatment System: I didn't see a new projected flow rate for the septic system with the
addition of a permanent restroom and shower facilities. The one from 2007 indicated the use of the cabins and
laundry facility which was below 2,000 gpd; but the applicant should demonstrate again that they will or will not
be at levels that would cause them to be regulated by the state. I saw that the CDPHE Water Quality Control
Division was in the list of referrals, so I may defer to them if they have comments on this matter.
Drinking Water Well: While this facility is likely below the threshold of 10 taps or 25 people that would
constitute a public drinking water supply, I would still strongly recommend another test of the well using the
"Deluxe Colorado Package" with the Lab Services Division of the CDPHE. The original test appears to only have
sampled for very basic parameters.
Water Quality: The location of this facility appears to be in the Colorado River alluvium as well as in the Drinking
Water Supply Protection area for the Town of Silt. The applicant should take special precautions to minimize
spills or releases of materials such as fuels, paints, by-products of animal cleaning (I'm thinking fish sink), etc.
Thank you and please keep me in the loop.
Morgan Hied
Environmental Health Specialist II
Garfield County Public Health
195 W. 14th Street
Rifle, CO 81650
Phone: (970) 665-6383
Email: mhill@garfield-county.com
www.garfield-county.com/environmental-health
1
Colorado River Fire Rescue
EXHIBIT
1 t(
Glenn Hartmann
Garfield County Building and Planning
108 8th Street, Suite 401
Glenwood Springs, CO 81601
Reference: Toler -Ruby River Ranch Resort
January 30, 2014
Glenn:
I have conducted a site visit and reviewed the referral request of Toler -Ruby River Ranch
Resort, SUAA7776, Amended Special Use Permit. The following are the comments I have for
this project:
1. In the referral packet, on page 15, item # 7, as listed in the Resolution No. 2004-112;
Fire access roads shall be a minimum of 20 feet wide. On my site visit the fire
department access road appears to be smaller than 20' to the proposed bath house.
The same road from the 2 story residence back to the pond and bridge appears to be
a two track on dirt. Fire department access roads are to be all-weather driving
surfaces and are to support the weight of fire apparatus. Due to snow I was unable
to confirm the gravel road or the width. The photo on page 20 of the referral packet
shows only a two track road to the pond or bridge. I request that if the fire
department access road is not to standard that it be brought up to standard before the
issuance of C of 0 for the bath house.
2. The existing road that travels past the proposed bath house continues on down the
road to the bridge. The area of the bridge would be a major access point for us to
conduct medical or fire operations in the rental tent area. I am requesting a fire truck
turnaround at this location to allow emergency equipment to access and exit the
bridge area safely. I don't think the bridge will allow the weight of fire apparatus or
even the ambulance; we will not use the bridge.
The issues that I have identified are concerns that could impede our ability to conduct
emergency operation if needed at this location.
Thank you for allowing me to comment on this project, feel free to contact me with any
questions.
Orrin D. Moon
Fire Marshal
Colorado River Fire Rescue
970-625-1243
Glenn Hartmann
From: Franco - DNR, Ivan [ivan.franco@state.co.us]
Sent: Tuesday, January 28, 2014 10:20 AM
To: Glenn Hartmann
Cc: WilliamE.West@state.co.us; Alan Martellaro - DNR
Subject: Toler - Ruby River Ranch Resort, SUAA7776
Mr. Hartmann,
EXHIBIT
This office has received and reviewed the referral from Garfield County for the Toler Ruby River Ranch Resort.
The applicant proposes to make improvements to an existing resort and construct a new bath house that will
combine laundry facilities and construct up to six showers and toilets along with an additional sink for a fish
cleaning station. The applicant also wishes to split the current single family home into two units for resort
rental. The final part of the applicant request appears to be to either increase the size of a existing pond or
construct a new pond on the property for piscatorial purposes. The applicant does not propose to make any
divisions to the existing parcel. In order to handle waste water the applicant proposes to construct a new septic
system and leach field on site. No increase in lawn and garden watering is proposed by the applicant.
The water supply to the property consists of two wells with Permit No's: 65799-F and 65800 -F -R. The first
permit was was issued as a change/expansion of use for an existing well on June 4, 2007. The permitted uses
were limited to ordinary household purposes inside two single family dwellings, the irrigation of not more than
5,000 square feet of home gardens and lawns, the commercial uses of up to 2000 square feet and the watering of
domestic animals. The second permit was issued as a permit to construct a well on June 4, 2007. The permitted
uses were limited to ordinary household purposes inside three single family dwellings, the irrigation of not more
than 5,000 square feet of home gardens and lawns, the commercial uses of up to 2,000 square feet and the
watering of domestic animals. The allowed average annual amount of ground water to be withdrawn by both
wells should not exceed 2.548 acre-feet. Both permits where issued with the condition that a West Divide
Water Conservancy District contract assure replacement water in the amount permitted for the subject wells.
The applicant has proposed to make changes in the operation of the site which appear to affect the total water
use from both wells. The applicant has also provided new estimates of water use on the site and has
subsequently amended their contract with the West Divide Water conservancy District to lease less than the
2.548 acre-feet of water currently permitted. In order for the applicant to operate the existing wells for the
proposed uses with an amendment to the existing WDWCD water contract they will need new permits from this
office. The applicant should apply for new or amended water well permits for both wells.
Furthermore, the applicants proposal to construct a new pond on the property which will likely result in ground
water exposure. Should this occur the applicant will need a well permit for the ground water pond pursuant
to CRS 37-90-137. It is for the reasons listed above that this office cannot support the proposed
amended special use permit until such time as the described issues are addressed. If you or the
applicant have any questions please contact me at this office.
Sincerely,
Ivan Franco, E.I.T.
Water Resources Engineer
Colorado Division of Water Resources
1313 Sherman St, Room 818
Denver, CO 80203
(303) 866-3581
1
Glenn Hartmann
From: Franco - DNR, Ivan [ivan.franco@state.co.us]
Sent: Monday, February 10, 2014 9:25 AM
To: Glenn Hartmann
Subject: Ruby River Ranch Resort
Mr. Hartmann,
I went ahead and checked on the status of the four applications for above mentioned referral. The applications
are in the local office with Dwight Whitehead performing the review and have an expected issuance date
sometime next week. Presumably the permitted uses will be inline with my referral letter, but we can touch base
again once they are issued to confirm.
Regards,
Ivan Franco, E.I.T.
Water Resources Engineer
Colorado Division of Water Resources
1313 Sherman St, Room 818
Denver, CO 80203
(303) 866-3581
1
EXHIBIT
1
ASSIGNMENT OF PEIMITAPPLICATION
STYLED AS SUAA-7776
Thom and Camille Toler (hereinafter collectively referred to as "Assignors") for Ten Dollars
($10,00) and other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged by all parties do hereby assign all rights, interest and obligations to Peter Langegger
(hereinafter referred to "Assignee") in a certain permit application to the Board of County
Commissioners, Garfield County, Colorado, styled as SUAA-7776, Toler, Thom and Camille- Ruby
River Ranch more particularly described in the Public Notice attached hereto and made a part hereof
as Exhibit A.
By executing this Assignment, Assignee agrees to execute the necessarypay form to Garfield
County to finalize the processing of the permit interest being assigned herein.
Date: 577-7
ASSIGNORS:
ASSIGNEE:
Page 1 of 1
1111 11111
Reception=: 846099
0210,2014 04 03•O5 PM Jean A1berico
1 of 7 P.c Fee ¶16 00 Doc Fee:92 00 GARFIELD COLNTY CO
SPECIAL WARRANTY DEED
THIS DEED, Made this 56' day of February, 2014, between THOM N. TOLER and CAMILLE R. TOLER of the
County of Garfield and State of Colorado, (collectively Grantor), and PETER LANGEGGER, P.O. Box 9, Silt, CO
81652, (Grantee)
WITNESSETH, That Grantor for and in consideration of the sum of Ten Dollars ($10.00) and other good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold
and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto Grantee, and Grantee's
heirs, successors and assigns forever, all the real property, together with improvements, if any, situate, lying and
being in the County of Garfield, State of Colorado described as follows:
See Exhibit A attached hereto
known by street and number as: 361 County Road 311,Silt, CO 81652.
TO HAVE AND TO HOLD the said premises above -bargained and described, with the appurtenances, unto the
Grantee, and Grantee's heirs, successors and assigns forever. Grantor, on behalf of Grantor, and Grantor's heirs,
assigns, and personal representatives, does covenant and agree that Grantor shall and will WARRANT AND
FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of Grantee, and Grantee's
heirs, successors, and assigns against all and every person or persons claiming the whole or any part thereof, by,
through or under Grantor except subject general taxes and assessment for the year 2014 and subsequent years and
those items set forth in Section B-2 of Commonwealth Title Commitment No. 1309056.
.ITNE
WHEREOF, Grantor has executed this deed on the date set forth above.
f THO . TOLER
STATE OF COLORADO
d/.60
AM LLE R. TOLER
) ss
COUNTY OF GARFIELD )
The foregoing instrument was acknowledged before me this 5 day of February, 2014, by THOM N.
TOLER.
Witness my hand and official seal. ~ "
My Commission Expires:
Notary Public OEN ONWELL
STATE OF FLORIDA
COUNTY OF /1I0►'1 ROE
) ss
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID #19934014538
My Commission Expires September 27, 2017
J,Mu4-
The foregoing instrument was acknowledged before me this 31 day of February, 2014, by CAMILLE
R. TOLER.
Witness my hand and official seal.
My Commission Expires: --'I 7
Notary Public
Return to:
Peter Langegger
P.O. Box 9
Silt, CO 81652
KEVIN C. LEANDER
"rotary Public. State of Florida
Cororniseton % EE 860719
My camnt. expires Jan. 27 2017
0v
111I1.111,1?1t:17417,1141154/ink'r9v,/I,+I pui 14, 111111
Receptiontt: 846099
D7/07/2014 04 03 05 PM Jean Alberico
7 of 2 Pec Fee $16 00 Doc Fee 92 00 GAPFIE.-0 COUNTY CO
File No. 1309056-5
EXHIBIT "A"
A TRACT OF LAND SITUATED IN LOT 9, OF SECTION 10, TOWNSHIP 6 SOUTH, RANGE 92 WEST OF
THE SIXTH PRINCIPAL MERIDIAN BEING THAT PARCEL OF LAND DESCRIBED AS PARCEL 2
TOGETHER WITH A PORTION OF THAT PARCEL DESCRIBED AS PARCEL 1 AS DESCRIBED BOOK
703 AT PAGE 94 IN THE RECORDS OF THE GARFIELD COUNTY CLERK AND RECORDER AND BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT WHENCE THE WESTERLY RIGHT OF WAY LINE OF COUNTY ROAD NO. 331
INTERSECTS THE SOUTHERLY LINE OF THE SOUTH CHANNEL OF THE COLORADO RIVER AND
WHENCE THE NORTHEAST CORNER OF SAID SECTION 10 BEARS NORTH 08°44'44" EAST 3612.35
FEET; THENCE SOUTH 00°37'06" EAST 354.32 FEET ALONG THE WESTERLY RIGHT OF WAY LINE OF
SAID ROAD; THENCE CONTINUING ALONG SAID RIGHT OF WAY SOUTH 00°27' 23" WEST 236.07
FEET; THENCE DEPARTING SAID RIGHT OF WAY SOUTH 74°07'10" WEST 560.15 FEET; THENCE
NORTH 09°57'32" WEST 395.19 FEET TO SAID SOUTHERLY LINE OF SAID SOUTH CHANNEL; THENCE
ALONG SAID SOUTHERLY LINE NORTH 57°23'43" EAST 369.90 FEET; THENCE NORTH 61°04'03" EAST
101.00 FEET; THENCE NORTH 61°35'16" EASE' 114.4)1 FEET; THENCE NORTH 63°38'48" EAST 116.61
FEET TO THE POINT OF BEGINNING.
//7//
Barbara L. Clifton, P.C.
127 E. 5th Street
Rifle, CO 81650
Barbara L. Clifton, Esq.
bcliftonpc@yahoo.com
EXHIBIT
1 17
Office: 970-625-2410
Fax: 970-625-3305
AUTHORIZATION FOR REPRSENTATION
I, Peter Langegger, hereby consent to representation by my attorney, Barbara L. Clifton of
Barbara L. Clifton, P.C. and by my wife, Paula Langegger, on any matters related to this
Application.
ter Larlgegge
Date
EXHIBIT
I 5
Owner's within 200 feet of Parcel 2179-104-00-516
Peter Langegger
361 County Road 311, Silt, CO 81652
Prepared by Commonwealth Title Company
Parcel #
Owner
Mailing Address
2179 104 00 110
APC Resources, LLC
14802 W. 44th Ave.
Golden, CO 80403
2179 104 00 517
Vance Kier
Joan Kier
471 County Road 311
Silt, CO 81652
2179 114 00 114
Dixon Water Foundation
4528 County Road 398
Decatur, TX 76234
2179 104 00 177
Divide Creek Enterprises, LLC
PO Box 9
Sift, CO 81652
2179 104 00 176
BY2, LLC
PO Box 1878
Rifle, CO 81650
2179 104 00 470
Town of Silt
PO Box 70
Silt, CO 81652
Book and Page
of document
Mineral Reservations
Interest retained
Book 264 at
Page 201
Daniel A. McPherson
Mary Ellen McPherson
1/2
Book 274 at
Page 359
Daniel A. McPherson also known
as D.A. McPherson
Mary Ellen McPherson
Kenneth A. McPherson also known
as Kenneth McPherson
Bobby L. McPherson also known as
Bobby McPherson
Warren McPherson
7/8
Book 291 at
Page 439
Mary Ellen McPherson also known
as Mary E. McPherson
1/2
Barbara L. Clifton, P.C.
127 E. 5th Street
Rifle, CO 81650
Barbara L. Clifton, Esq. Office: 970-625-2410
bcliftonpc@yahoo.com Fax: 970-625-3305
February 17, 2014
Mineral Interest Owners — Langegger Parcel — 361 County Road 311
Leslie Dale McPherson and Jeanne L. McPherson
1859 County Road 344
Silt, CO 81652
Bobby R. McPherson
P.O. Box 66
Silt, Co 81652
Lana Arleen Scott, June Aleta McNamee, Susan Alatia Powell, Donna A Geiser
12555 S. Cloverdale
Kuna, ID 83632
Peter Langegger
(Property Owner/Applicant)