HomeMy WebLinkAbout2.0 BOCC Staff Report 04.10.2017Board of County Commissioners - Public Hearing Exhibits
All Valley Storage - Bulk Sale of Propane
Limited Impact Review (File LIPA-1 1-16-8498) - Applicant is
Aspen Equity GrouP
April 10,2017
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Exhibit
Number
Exhibit Description
1 Public Hearing Notice lnformation
2 Proof of Publication
3 Receiots from Mailinq Notice
4 Photo evidence of Public Notice Posting
5 Gadreld Countv Land Use and Development Code, as amended
6 Garfield Countv Comprehensive Plan of 2030
7 Aoolication
I Staff Reoort
9 Staff Presentation
10 Referrat Comments from Garfield County Road and Bridge (Dated
March 6,2017\
11 neterrarcomments from the Garfield County Emergency Management
(Dated Februarv 28, 2017\
12 Referral Comments from the Colorado Department of Transportation
(Dated March 6,2017)
13 Reterrarcomments from the City of Glenwood Springs (Dated
February 28,2017)
14 Referral Comments from the Carbondale and Rural Fire Protection
District (Dated March 15,2017\
15 neterral Comments from the County Designated Engineer (Dated
March 20.2017\
16 neterrarcomments from Garfield County Public Health (Dated March
17,2017\
17 Tr.-/ fr-,7,{-rral Lr,,rr^ (,,^',dc{.' t'l:.'.' /',/ ;'C} J)
18 L/,, "rr n-tol arcea*n* ,! nrn{, ,r' - fi ,/d, (L C / 'l } lO / \
19 Wr4 <rrcl ,. 7",' ;;.'l^ et1'r o { ' )"fi
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BOCC 4-10-17
File No. LIPA-1 1 -1 6-8498
DP
PROJECT INFORMATION AND STAFF COMMENTS
REQUEST
APPLICANT _ PROPERTY OWNER
ASSESSOR'S PARCEL #
PROPERTY SIZE
LOCATION
ACCESS
EXISTING ZONING
Land Use Change Permit - Limited lmpact
Review for Bulk Sales of Propane.
Aspen Equity Group, LLC
2393-074-00-357
11.056 acres
The facility is to be located within an
approximately 9000 sq. ft. area of the larger
11.056 acre property. The property is located
at 82 County Road 113. lt is located
approximately 4 miles northwest of the Town of
Carbondale
The facility is accessed by County Road 113
and Highway 82.
The property is zoned Commercial Limited
(c/L)
I. GENERAL PROJECT DESCRIPTION
The Applicant is requesting a Limited lmpact Review for Bulk Sales of Propane located
within an approximately 9000 sq. ft. area of the larger 11.056 acre property. The facility
is proposed to include two 30,000 gallon propane storage tanks. The facility is not to be
open to the public. The Applicant has provided the following description of the facility:
The Roaring Fork Valley Cooperative Association (Co-op) has been
providing bulk deliveries of refined fuels throughout the Roaring Fork Valley
for decades. Originally these deliveries were primarily to the agricultural
sector, but now also include residential, commercial, and industrial
customers. As a result of requests from Coop members and customers to
provide bulk propane services, the Coop management desires to install a
propane (Liquid Petroleum Gas) storage and distribution facility, known in
the industry as a "Bulk Plant" at the leased location, 0082 County Road
1 13. This facility would consist of up to two 30,000 gallon ASME [American
Society of Mechanical Engineersl storage tanks along with the associated
pumps and piping systems to load and unload propane. The specific site
will be fenced with locking gates and other security measures. The site will
potentially house a small portable construction style trailer, and a portable
toilet. There will be ASME tanks for rent or sale stored on the site. This
location has been used for this purpose in the past.
Bulk propane will be transported from refineries and unloaded at the site
by semi-truck transports of approximately 9,000 gallons per load. Coop
"bobtail" delivery trucks of between 2,500 to 3,200 gallon capacities will
load at the bulk plant for local delivery to residential, agricultural,
commercial, and industrial customer locations. This facility will not be open
to the public. Only Coop employees and CDL Transport Drivers will access
the site.
The facility installation application has been approved by the Department
of Oil and Public Safety, the state agency that regulates propane in
Colorado. The Coop received assistance in developing the required Fire
Safety Analysis for the site and the Coop has received a letter of approval
and support from the Carbondale and Rural Fire District for this use at the
site.
Vicinity Map
Proposed Site Plan
II. LOCATION . SITE DESCRIPTION
The applicant has provided the following description of the property:
The land is currently developed and there shall be no further disturbance
due to this proposed use. The existing topography of the subject site is
very flat at approximately 2o/o and was previously raised to an elevation
above the 100-year floodplain, graded and surfaced with gravels. The
previous regrading produced a fill slope of 2:1 below the site down to the
creek bed. The proposed tanks will be installed at least 2O-feet away from
the top of the bank, which as previously mentioned is above the 10O-year
floodplain. Access to the site will be maintained from County Road #113
via an existing gravel driveway which is gated near the County Road
(information provided for by Deric Walter at Boundaries Unlimited).
The surrounding County zoning is Commercial Limited and Rural.
III. PUBLIC COMMENTS AND REFFERAL AGENCY COMMENTS
Public Notice was provided for the Board's public hearing in accordance with the Garfield
County Land Use and Development Code, as amended. No public comments have been
received at this time. Comments from referral agencies and County Departments are
summarized below and attached as Exhibits.
1. Garfield County Designated Engineer, Chris Hale, Mountain Cross Engineering: (See
Exhibits 15). Comments from the County Designated Engineer indicate that comments from
the Fire District need to be obtained. (Comments from the Fire District have
since been received)o The comments also recommend that the applicant provide a site specific
emergency action plan, fire safety analysis plan, and operations and
maintenance plan for this facility.
2. Garfield County Road and Bridge Department: (See Exhibits 10)
. Comments state that the access to the property does not meet the current
Road and Bridge driveway standards. Specifically, there is no concrete or
asphalt apron at the proposed intersection of driveway and CR 1 13 and there
is not a stop sign. The property owner will need to obtain a new driveway
permit from Road and Bridge and construct any required improvements.
3. Garfield County Emergency Management (Exhibit 11):
o The Garfield County Emergency Management Office has indicated that they
"have some safety concerns with the location of the tanks to the other building
in the area and hwy 82." ln particular, the concern is that "the blast radius for
that size tank would be really close to hwy 82 and cutting off traffic to and from
Aspen."
4. City of Glenwood Springs: (See Exhibit 13)
o The City indicated that they have no issues with the proposed development.
5. Colorado Department of Transportation (CDOT): (Exhibit 12)
o CDOT provided the following comments: As you are aware, Garfield County
just did improvements on the intersection and received an access permit.
Please see attached permit. lt is unlikely the propane development would
increase the traffrc on CR 1 13 by more than 20%; therefore no need for an
access permit. However, be aware that CDOT and County have determine
that the County Road will need to be re-aligned. Please see drawing of re-
alignment. The re-alignment will require the need for ROW from this property
owner. CDOT would suggest that the County should try to acquire the ROW
from the property."
6. Carbondale and Rural Fire Protection District: (Exhibit 14)
o The Fire Protection District provided the following comments: "ln regards to
water supply for fire protection at the proposed site, there are two water
sources available. Cattle Creek runs adjacent to the site. lt flows year around
and can provide an adequate supply of water. Additionally, on the south side
of Cattle Creek, there is a fire hydrant located within 500 feet of the proposed
facility. lt is supplied by a 90,000 gallon water storage tank on the commercial
center's water system."
7. Garfield County Public Health Department: (Exhibit 16)
o The following comments were received from Morgan Hill: "Because this facility
will be located on an existing disturbance, it will have limited new impacts on
water and soil. However, Cattle Creek has been listed as impaired for
macroinvertebrates on Colorado's 303(d) list. Based on a Stream Health
Evaluation done in2015 and 2016 by the Roaring Fork Conservancy, some of
these impacts are likely due to the industrial and commercial land uses in the
creek's lower reaches. We recommend a re-evaluation of the stormwater
management at this site to ensure runoff is not allowed to enter the creek and
cause impacts to water quality. I have attached the Roaring Fork
Conservancy's summary of their study for reference."
"We also support the recommendations of H-P Kumar in that the subsurface
soil conditions should be evaluated before placement of the precast concrete
foundations for the tank footings to ensure that settling will not occur that may
disrupt the tank."
"Finally, we recommend that the operator of the facility regularly check the
tank, valves, and pipes to ensure there are not leaks that could be causing
emissions of volatile organic compounds. This should also be followed when
propane is being distributed to trucks."
8. Other agencies that did not submit comments include: the Garfield County Sheriff,
Garfield County Vegetation Management, CDPHE - Health Department Water
Quality, Army Corps of Engineers, Town of Carbondale, and Book Cliff, Mount Sopris
and South Side Soil Conservation Districts.
N. STAFF COMMENTS AND ANALYSIS
ln accordance with the Land Use and Development Code, the Applicant has provided
detailed responses to the Submittal Requirements and applicable sections of Article 7,
Divisions 1, 2, and 3, Standards. The Application materials include an lmpact Analysis
and related consultant reports, technical studies, and plans.
7-101 : Zone District Requlations
The proposed use demonstrates general conformance with applicable Zone District
provisions contained in the Land Use and Development Code and in particular Article 3
standards for the Commercial General zone district.
7-1 02 Comprehensive Plan and lnterqovernmental Agreement
The Comprehensive Plan 2030 designates the site as Mixed Use and in a Rural
Employment Center. Excerpts from the Comprehensive Plan of 2030 are below.
Garfield County Comprehensive Plan of 2030
Chapter 3 - Economics, Employment and Touism
3. Garfield County willencourage the development of a diversified industrialbase
recognizing physical location-to-market capabilities of the community, and the
social and environmental impacts of industrial uses.
Lexo Use
Desone*on [hscnpnon Compnnele Zorna
MixeGuse
{MU)
Suburban and urban neighborhood includirq
parks and farls and schoolwrh empbyment
uses and commeroal uses rntended to serve tre
urnounding resrdential areas. Denslty within the
designated range to be determined by amount of
clustenng and public benefit.
ResidentialUrban (RU)
Commercral Limtted (CL)
Commeroal C,eneral (CG)
Planned Unit Developrnent
(PUD)
Denstty of residential uses:2lo 12 du per acre
Exande.
7-103 Compatibilitv
The Applicant has also provided information describing the character of the area and
adjacent land uses. The request demonstrates general compatibility with adjoining uses
that are primarily light industrial. The applicant has made the following description of
adjacent property uses:
Adjacent land use is commercial and industrial with the immediately
adjacent property being used as storage of automobiles, trucks,
recreational vehicles and boats and then structural self-storage units.
The property to the east is used for storage of excavation equipment by
Ed Walters Excavating. The property to the south (across Cattle Creek)
is the Rudd complex which houses a number of commercial businesses,
including but not limited to a glass company and Old Towne moving and
storage, which also includes a party rental division. The closest
residential use is approximately % mile from the subject site.
Adjacent land use is commercial and industrial with the immediately
adjacent property being used as storage of automobiles, trucks,
recreational vehicles and boats and then structural self-storage units.
The property to the east is used for storage of excavation equipment by
Ed Walters Excavating. The property to the south (across Cattle Creek)
is the Rudd complex which houses a number of commercial businesses,
including but not limited to a glass company and Old Towne moving and
storage, which also includes a party rental division. The closest
residential use is approximately % mile from the subject site.
7-104: Source of Water
The Applicant has represented that the facility will be unmanned. As a result, the
Applicant has provided the following information:
Applicant requests a waiver of the Water Supply Plan Submittal
Requirement. There will be no full time personnel on the site and those
personnel accessing the site will be arriving by their truck to fill with
propane and will leave once that process is completed. Personnel will
be spending minimal time at the site and drivers will have access to
bottled water. There is no current access to water at the site and there
is no need for any water at the site for the proposed use. Any water
required for fire safety is covered in the Fire Safety Analysis.
Waiver of Submission Requirements: Like many approved oil and gas
sites, the nature of this project supports that there is no need for water
at the site. The project is relatively small in nature with few personnel on
site (see traffic study for anticipated daily traffic) and the project is simple
in that the drivers will arrive on site, fill their truck with propane and leave
the site to deliver the propane as quickly as possible. There are no
additional anticipated impacts on the site or surrounding area except as
othenrvise described in this application. The proposed use fits within the
existing conditions and previous uses of the site and a waiver would not
compromise a proper and complete review as water is just not
necessary for this use. The scope of the proposal is described otherwise
within the application and submittal of a water plan is not material to
determination of compliance of this proposed use.
Waiver of Standards Requirements: The alternative proposed is that
personnel will be supplied access to bottled water for drinking purposes.
This alternative is sufficient to meet the standard due to the scope of the
proposed use and the small amount of time that personnel will be on
site. This alternative actually imposes lesser impacts on adjacent
properties as no water system will be installed therefore creating no
impact whatsoever to the subject site and surrounding properties.
Related to fire safety, the Applicant has provided the following information:
Adequate fire protection shall be provided pursuant to the Fire Safety
Analysis Manualfor LP-Gas Storage Facilities and all State and Federal
laws and regulations applicable to the proposed use. State and Federal
regulations require that there be no combustible materials within 50 feet
of the tank so there will be nothing within that area that could be a fire
hazard. A hydrant is located on the frontage road leading to the subject
property and the Carbondale & Rural Fire Protection District has
approved this site for propane storage. The First Safety Analysis Manual
for LP-Gas Storage Facilities is included herein.
ln addition, Bill Gavette of the Carbondale and Rural Fire Protection District provided the
following comments:
ln regards to water supply for fire protection at the proposed site, there
are two water sources available. Cattle Creek runs adjacent to the site.
It flows year around and can provide an adequate supply of
water. Additionally, on the south side of Cattle Creek, there is a fire
hydrant located within 500 feet of the proposed facility. lt is supplied by
a 90,000 gallon water storage tank on the commercial center's water
system.
As the site is proposed to be unmanned, it is Staff's opinion that the Code allows for the
facility to not have permanent water located onsite per Section 7-104. ln addition,
considering the analysis provided by the Carbondale and Rural Fire Protection District,
adequate water appears to be available for fire protection needs.
7-105: Waste Water Systems
The Applicant has represented that the facility will be unmanned. As a result, the
Applicant has provided the following information:
Applicant requests a waiver of the Wastewater Treatment Plan
Submittal Requirement. There will be no full time personnel on the site
and those personnel accessing the site will be arriving by their truck to
fill with propane and will leave once that process is completed.
Personnel will be spending minimal time at the site. There is no current
wastewater system at the site and there is no need for any wastewater
treatment for the proposed use. lf necessary and a condition of approval,
Applicant agrees that it would install temporary sanitation facilities, such
as a porta potty.
Waiver of Submission Requirements: Similar to the need for no water,
the nature of this project supports that there is no need for a wastewater
treatment plan at the site. The project is relatively small in nature with
few personnel on site (see traffic study for anticipated daily traffic) and
the project is simple in that the drivers will arrive on site, fill their truck
with propane and leave the site to deliver the propane as quickly as
possible. There are no additional anticipated impacts on the site or
surrounding area except as othenvise described in this application. The
proposed use fits within the existing conditions and previous uses of the
site and a waiver would not compromise a proper and complete review
as a wastewater treatment plan is just not necessary for this use. The
scope of the proposal is described otherwise within the application and
submittal of a wastewater treatment plan is not material to determination
of compliance of this proposed use.
Waiver of Standards Requirements: The alternative proposed is that
applicant will install a porta potty is required as a condition of approval.
This alternative is sufficient to meet the standard due to the scope of the
proposed use and the small amount of time that personnel will be on
site. There are also other restroom facilities within the near proximity
where drivers can stop if necessary. The porta potty alternative actually
imposes lesser impacts on adjacent properties as no wastewater
treatment system and no permanent facilities will be installed therefore
creating no impact whatsoever to the subject site and surrounding
properties.
As the site is proposed to be unmanned and a water source is not proposed for the use,
it is Staffs opinion that the Code allows for the facility to not have permanent wastewater
treatment located onsite per Section 7-105.
7-106: Public Utilities
The Applicant has demonstrated that adequate public utilities will be available to serve
the proposed use.
7-107: Access & Roadwavs
Access to the property is from County Road 113. The Applicant has provided a Traffic
Analysis. The Analysis provides the following information:
The proposed use should result in negligible traffic impact to CR #113
and Highway 82. The site shall be utilized only by employees and
transport drivers only and will not be open to customers or the public.
According to the Applicant, bulk propane sales run seasonally with peak
operations taking place between December 1 and March 31. Transport
trucks are anticipated to be AASHTO WB-50 or smaller. During the peak
season, operations usually do not include Bobtail operations (AASHTO
SU-30 or SU-40 delivery trucks) at night or on weekends and transport
deliveries may occur at night or over the weekend due to Department of
Transportation hours of service regulations. Off-Season is split between
April 1 through August 31 ('Off-Season #1 in the following Table-1) and
September 1 through November 30 ("Off-Season #2") and operations
only run five (5) days a week. A WB-50 vehicle turning movement has
been modelled using AutoTURN v.9.1 software. The anticipated vehicle
path has been included on the enclosed Grading, Drainage & Erosion
Control Plan. The existing roadway and driveway can adequately
accommodate the anticipated vehicles.
The Applicant optimistically estimates the following receipUdelivery
loads:
SEASON TBANSPORT LOADS BOBTAIL LOADS GALLONS OF PROPANE
Near Term Condition ('l Sloraoe Tanl
0ll-Season #1 1 Per Week
3 Per Week
12 Per Month
10.000 Per Week
40 000 Per Month
0fl-Season #2 2 Per Week
6 Per Week
24 Per Monlh
20.000 Per Week
80.000 Per Month
Peak Season
(these eslimates are
optimislicand likely
would not occur until
aboul Yea 3-5)
I Per Day 3 Per Day
21 Per Week
12i Per Month
588 Per Season
1 0,000 Per Day
50.000 Per Week
200.000 Per Month
800.000 Per Month
Full Development (Future, 2 Storage Tanks)
Peak Season
(these eslimates would
only actually occur il
there are two tanks)
2 Per Day 6 Per 0ay
42 Per Week
294 Per Month
1.1 /6 Per Season
'15 000 Per Day
100.000 Per Week
400.000 Per Month
1.600.000 Per Season
Table I
Under the assumption that there will be two (2) vehicle trips per
receipudelivery load, the Applicant's estimates result in 8 vehicle trips
per day in the Near Term and 16 vehicle trips per day at Full
Development. These values essentially increase the traffic of
approximately 1% in the NearTerm and2o/o at Full Development. Given
these minor traffic increases and existing conditions, no roadway
improvements are warranted to CR #113 or Highway 82.
The application was reviewed by the Colorado Department of Transportation (CDOT),
who noted that an access permit is not necessary for this development onto Highway 82.
11
ln addition, the Garfield County Road and Bridge Department provided the following
comments regarding access to CR 1 13:
ln reviewing application and doing a site visit, the existing proposed East
access does not meet our current Road & Bridge driveway standards.
Concerns are no concrete or asphalt apron at the proposed intersection
of driveway and CR 113 and no stop sign. A Driveway Permit from
Garfield County Road & Bridge will be required for this proposal. All
concerns will be addressed within the Driveway Permit.
The Traffic Analysis shows that a transport trucks (WB-50) can make
the turn into the site and stop at the gate without blocking traffic, this is
very important as there is no lighting in that area for night time deliveries.
As a result, Staff recommends a condition of approvalthat the Applicant obtain
a driveway access permit and make all necessary improvements prior to
issuance of the Land Use Change Permit.
7-108: Natural Hazards
The following development description has been provided:
The land is currently developed and there shall be no further disturbance
due to this proposed use. The existing topography of the subject site is
very flat at approximately 2o/o and was previously raised to an elevation
above the 1OO-year floodplain, graded and surfaced with gravels. The
previous regrading produced a fill slope of 2:1 below the site down to the
creek bed. The proposed tanks will be installed at least 20-feet away
from the top of the bank, which as previously mentioned is above the
10O-year floodplain. Access to the site will be maintained from County
Road #113 via an existing gravel driveway which is gated near the
County Road (information provided for by Deric Walter at Boundaries
Unlimited). Please see attached Floodplain / Topo Map prepared by Jeff
Tuttle of Tuttle Surveying Services.
The application provides the following related to soils hazards on the subject location:
Pursuant to the Soil Hazard Profile for Areas 1, 2 and 3 in Garfield
County, Colorado the subject property generally has no soil hazard but
portions may contain moderate soil hazard. Please see attached letter
dated November 4,2016 from Daniel E. Hardin of H-P Kumar as to the
sufficiency of the soils.
t2
ln addition, the following representation has been made regarding slope hazards at the
facility location:
Pursuant to the Slope Hazard Map for Study Areas 1,2, and 3 in Garfield
County, Colorado the subject property has no slope hazard.
It is recommended that the installation of the tanks be conducted in accordance with the
recommendations of H-P Kumar Geotechnical Study in order to prevent subsidence.
7-109: Fire Protection
The application provides the following representation regarding fire protection:
Adequate fire protection shall be provided pursuant to the Fire Safety
Analysis Manualfor LP-Gas Storage Facilities and all State and Federal
laws and regulations applicable to the proposed use. State and Federal
regulations require that there be no combustible materials within 50 feet
of the tank so there will be nothing within that area that could be a fire
hazard. A hydrant is located on the frontage road leading to the subject
property and the Carbondale & Rural Fire Protection District has
approved this site for propane storage. The First Safety Analysis Manual
for LP-Gas Storage Facilities is included herein.
The Application was referred to the Carbondale Fire Protection District (See Exhibit 14).
Bill Gavette of the Fire Protection District provided the following comments on fire
protection:
ln regards to water supply for fire protection at the proposed site, there
are two water sources available. Cattle Creek runs adjacent to the site.
It flows year around and can provide an adequate supply of
water. Additionally, on the south side of Cattle Creek, there is a fire
hydrant located within 500 feet of the proposed facility. lt is supplied by
a 90,000 gallon water storage tank on the commercial center's water
system.
Provided the analysis from the Fire Protection District, it is Staff's opinion that adequate
fire protection will be provided.
7-201: Aqricultural Lands
The application provides the following information on the surrounding land uses:
Adjacent land use is commercial and industrial with the immediately
adjacent property being used as storage of automobiles, trucks,
recreational vehicles and boats and then structural self-storage units.
13
The property to the east is used for storage of excavation equipment by
Ed Walters Excavating. The property to the south (across Cattle Creek)
is the Rudd complex which houses a number of commercial businesses,
including but not limited to a glass company and Old Towne moving and
storage, which also includes a party rental division. The closest
residential use is approximately % mile from the subject site.
The site itself is not used for agriculture and as a result little to no impacts on agricultural
activities are expected.
7-202: Wildlife Habitat Areas
The applicant has provided the following representation regarding wildlife habitat:
The subject property is developed and has been used as a propane
storage site in the past. There will be no wildlife disturbance and the
proposed fencing will not prevent animal migration along the Cattle
Creek corridor.
Based on the prior disturbance of the property, it is unlikely that significantly adverse
impacts will occur as a result of this development. This application was referred to
Colorado Parks and Wildlife, however, no comments were received.
7-203: Protection of Water Bodies
The site location is adjacent to Cattle Creek. All development is to occur more than 35
feet back from the Creek. ln addition, all development has been identified to be outside
the 100-year floodplain. As no new surface disturbance is proposed, little additional
impact to the Creek is expected as long as storm runoff mitigation is in place. The
application was reviewed by the County Public Health Department who had the following
comments:
Because this facility will be located on an existing disturbance, it will
have limited new impacts on water and soil. However, Cattle Creek has
been listed as impaired for macroinvertebrates on Colorado's 303(d) list.
Based on a Stream Health Evaluation done in 2015 and 2016 by the
Roaring Fork Conservancy, some of these impacts are likely due to the
industrial and commercial land uses in the creek's lower reaches. We
recommend a re-evaluation of the stormwater management at this site
to ensure runoff is not allowed to enter the creek and cause impacts to
water quality.
Staff suggests a condition of approval that the Applicant submit stormwater and erosion
control plans to be reviewed and accepted by the County designated engineer and Public
Health Department prior to issuance of the Land Use Change Permit.
74
7-204: Drainaqe and Erosion (Stormwater)
For Stormwater, please see above comments in Section 7-203.
The Applicant has provided an erosion control plan. This plan has been reviewed by the
County designated engineer. No additional comments were generated as a result of this
review and as a result, the erosion control plan as submitted appears to be satisfactory.
7-205: Environmental Quality
The two 30,O0O gallon propane tanks have the potentialto cause environmentaldamage
in the case of a leak or other damage to the tank. The applicant has provided the
fol lowi ng statement rega rd i ng envi ron mental q uality:
Air and water quality will be maintained pursuant to the Operations and
Maintenance Handbook for LP-Gas Bulk Storage Facilities, Pamphlet
58 and all State and Federal laws and regulations applicable to the
proposed use. lf propane was to leak, it disseminates and evaporates
quickly in to the air. There would be no impact on air or water quality.
Unlike petroleum, LPG will not "spill" (unless it is -44 degrees F or colder)
because it immediately vaporizes if released. Requirements to handle
any release of LPG are included in the Fire Safety Analysis Manual and
the Operations and Maintenance Manual included in the application.
The construction of the saddles that will hold the propane tank will satisfy
practices that minimize flood damage and shall be anchored to prevent
flotation. Each saddle is integrated into a 6' x 10' precast slab of concrete
that will be backfilled and covered with the bottom of the storage tank
positioned 4' above the ground. The proposed site is out of the floodplain
area and the construction of the saddles will raise the tank even higher
as a precaution. The specifications of the saddles are included in this
application.
Comments were also received from Garfield County Emergency Management, who
stated that they "have some safety concerns with the location of the tanks to the other
buildings in the area and hv4r 82." ln particular, the concern is that "the blast radius for
that size tank would be really close to hwy 82 and cutting off traffic to and from Aspen."
This application has been reviewed by the Fire Protection District for safety concerns.
The facility has also been reviewed and approved by the Colorado Department of Labor
and Employment - Division of Oil and Public Safety Compliance Section. To this end,
while it is possible that a blast could impact Highway 82, given that the facility is 2500
feet from the highway at its closest point and nearly 4000 feet to the intersection of
15
County Road and Highway 82, it appears that the location is a reasonable combination
of road access and distance from public infrastructure.
7-206: Wildfire Hazards
Map 7, Wildfire Susceptibility, of the Garfield County CommunityWildfire Protection Plan
(CWPP) does shows this property has having a "Very High" wildland fire susceptibility.
The application represents that "state and Federal regulations require that there be no
combustible materials within 50 feet of the tank so there will be nothing within that area
that could be a fire hazard." Considering the wildfire risk in this area combined with the
flammable nature of propane, Staff recommends a condition of approval that all
potentially combustible material be maintained at least 50 feet from the tanks.
7-207: Natural and Geoloqic Hazards
See Section 7-108, above.
Reclamation
As this site is already disturbed and no additional disturbance is proposed, a reclamation
plan is not necessary. The applicant has represented that "Any removal of the propane
tank will be in accordance with the Operations and Maintenance Handbook for LP-Gas
Bulk Storage Facilities and Pamphlet 58 and the property shall be returned to its original
state."
7-301 & 302: Compatible Desiqn, Parkinq, and Loadinq
Regarding compatible design, please see Section 7-103, above.
Parking - Table 7-301(A) does not specifically list the proposed use. However, since the
use does not propose any office or other enclosed space for employees and the facility
will not be open to the general public, a need for parking has not been demonstrated.
This said, there is adequate space around the tanks for personnel to park for repair and
maintenance of the facility when necessary.
Loading - The applicant has demonstrated the ability for the delivery vehicles to access
the tanks and maneuver the access driveway. The number of loading spaces is
appropriate for the number of proposed tanks.
7-303: Landscapinq
As an industrial use, landscaping submittals and standards are not applicable to
proposal. ln addition, the application states that "there will be no landscaping
Pamphlet 58 requires that there be no combustible materials within 50 feet of
propane tank."
the
AS
the
16
7-304: Liqhtinq
The application states that "Pamphlet 58 requires lighting to be available when
necessary for operations to occur. Applicant agrees that any lighting will be in compliance
with the lighting standards and will be low impact."
Staff recommends a condition of approval that all exterior lighting meet the following
Standards as outlined in Section 7-304:
A. Downcast Lighting.
Exterior lighting shall be designed so that light is directed inward, towards the
interior of the Subdivision or site.
B. Shielded Lighting.
Exterior lighting shall be fully shielded or arranged in a manner so that
concentrated rays of light will not shine directly onto other properties.
C. Hazardous Lighting.
The direct or reflected light from any light source shall not create a traffic hazard.
Colored lights shall not be used in such a way as to be confused or construed as
traffic control devices.
D. Flashing Lights.
Blinking, flashing, or fluttering lights, or other illuminated device that has a
changing light intensity, brightness, or color, shall be prohibited in all zone
districts.
E. Height Limitations.
Light sources which exceed 40 feet in height shall not be permitted except for
temporary holiday displays or as required by local, State or Federal regulations.
7-305 Snow Storaqe
Adequate portions of the site plan including areas adjacent to the proposed loading area
are available for snow storage.
7-306 Trails
The Applicant has not proposed any sidewalks, trails or other multi-modal connections
to the site.
17
7-1001 INDUSTRIAL USE STANDARDS
The Applicant represents that the facility will comply with all the lndustrial Use Standards
contained in Section 7-1001. The following summary addresses the applicable
provisions.
A. Residential Subdivisions
The facility is not within a platted subdivision.
B. Setbacks
The LUDC requires a setback of 100 feet from a proposed industrial use to the property
line of a property used residentially. The proposed industrial facility is approximately 600
feet from the nearest residentially used property line and appears to be able to meet the
100 foot setback from the industrial use area as prescribed in the LUDC.
C. Concealinq and Screening
As this property is not zoned lndustrial, all storage, fabrication, service and repair
operations "shall be conducted within an enclosed building or have adequate provisions,
based on location and topography, to conceal and screen the facility and/or operations
from adjacent property(s)" (Section 7-1001(C)). The application indicates that the
"Applicant shall comply with any required concealing or screening. The topography of
the subject site limits visibility. The propane tank will be located lower than any adjoining
streets and likely will not be visible from County Road 113 and may be slightly visible
from Highway 82;' lt is Staff's opinion that while the topography will block some of the
view of the facility from the public, screening will not be particularly effective from any
predominant public vantage point. Further, this type of use is not conducive to being
enclosed within a building due to the flammable nature of propane. ln addition, the
surrounding uses are primarily industrial in nature and the use will fit in with the
surrounding area. To this end, Staff does not recommend that any additional screening
be required for the proposed facility.
View of driveway to proposed
18
D. Storinq
The propane tanks will not be able to be moved from the site by a foreseeable force such
as wind or water. As propane is a hazardous material, all industrial products and wastes
must be stored in accordance with all applicable state and federal regulations.
E. lndustrialWastes
The application provides the following regarding industrial wastes: "The proposed use
shall comply with the Operations and Maintenance Handbook for LP-Gas Bulk Storage
Facilities and all State and Federal laws and regulations applicable to the proposed use.
lf propane was to leak, it disseminates and evaporates quickly in to the air and there is
no requirement for containment." The application has been reviewed by the Carbondale
and Rural Fire Protection District, County designated engineer, and has been approved
by CDPHE. While the facility will store hazardous material, no industrial wastes are to
be stored on the site.
F. Noise
This facility is not anticipated to generate any noise outside that generated by vehicular
and truck traffic. The Applicant has represented that "The proposed use shall not create
noise that will exceed the State noise standards."
G. Ground Vibration
This facility is not anticipated to generate any ground vibration outside that generated by
vehicular and truck traffic. The Applicant has represented that "The proposed use shall
not create any ground vibration other than that normally caused by truck traffic.
H. Hours of Operation
The facility will operate in excess of those outlined in the LUDC (7AM to 7PM Monday
through Saturday). The Applicant would like to operate the facility 24 hours per day, 7
days per week, but generally within normal business hours. The decision-making body
has the ability to alter the permitted hours of operation for the facility. The application
has requested the following regarding hours of operation:
The proposed use will be utilized seven days a week generally during
normal business hours as described in the traffic estimates in the Request
for Waiver from Submittal of Traffic Study. lt is possible that a truck may
be required to enter the site after hours based on their CDL required rest
times. lt is also possible that Applicant's staff may be required to access
the site after hours to handle occasional delivery traffic or handle any
complaints.
l. lnterference, Nuisance, or Hazard
No other nuisance or ground vibration hazards are anticipated based on type of use. The
application provides the following description of the anticipated impacts related to
interference, nuisance, or hazards:
19
The proposed use shall not emit heat, glare, radiation, or fumes that
substantially interfere with the existing use of adjoining property or that
constitutes a public nuisance or hazard. The proposed use shall comply
with the Operations and Maintenance Handbook for LP-Gas Bulk Storage
Facilities, Pamphlet 58 and all State and Federal laws and regulations
applicable to the proposed use.
V. SUPPLEMENTAL AND ADDITIONAL STAFF ANALYSIS
No other supplemental materials were submitted after the application was determined
Technically Complete.
VI. STAFF RECOMMENDATION
Staff recommends approval with conditions for the proposed Limited lmpact Review with
the following conditions of approval should the BOCC wish to approve the application.
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 Land Use Change Permit
for Aspen Equity Group, LLC (Roaring Fork Co-op - Bulk Sales of Propane) 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 adoption of the Conditions of Approval the application has adequately
met the requirements of the Garfield County Land Use and Development Code, as
amended.
20
RECOMMENDED CONDITIONS OF APPROVAL
The following recommended conditions of approval are provided for the Board of County
Commissioners consideration.
Conditions Prior to lssuance of Permit
1. The Applicant shall obtain a driveway access permit from Garfield County Road
and Bridge and make all necessary improvements prior to issuance of the Land
Use Change Permit. Demonstration that the Driveway Permit has been obtained
and improvements have been completed shall be provided to the Community
Development Department.
2. The Applicant shall submit a stormwater and erosion control plan to be reviewed
and accepted by the County designated engineer and Public Health Department
prior to issuance of the Land Use Change Permit.
3. The Applicant shall demonstrate legal access from the County Road to the lease
area for the facility. This demonstration shall be reviewed and accepted by the
Garfield County Attorney's Office prior to issuance of the Land Use Change Permit.
Other Conditions
That all representations made by the Applicant in the application shall be conditions
of approval, unless specifically altered by the Board of County Commissioners.
That the operation of the Aspen Equity Group, LLC (Roaring Fork Co-op - Bulk
Sales of Propane) shall be done in accordance with all applicable Federal, State,
and local regulations governing the operation of this type of facility.
The Applicant shall controlfugitive dust during the construction and operation of the
site.
7. The facility shall maintain compliance with Section 7-306 Lighting, as outlined:
A. Downcast Lighting.
Exterior lighting shall be designed so that light is directed inward, towards
the interior of the Subdivision or site.
B. Shielded Lighting.
Exterior lighting shall be fully shielded or arranged in a manner so that
concentrated rays of light will not shine directly onto other properties.
4.
5.
6.
27
8.
9.
10.
11.
C. Hazardous Lighting.
The direct or reflected light from any light source shall not create a traffic
hazard. Colored lights shall not be used in such a way as to be confused
or construed as traffic control devices.
D. Flashing Lights.
Blinking, flashing, or fluttering lights, or other illuminated device that has a
changing light intensity, brightness, or color, shall be prohibited in all zone
districts.
E. Height Limitations.
Light sources which exceed 40 feet in height shall not be permitted except
for temporary holiday displays or as required by local, State or Federal
regulations.
The Applicant shall control all noxious weeds during construction and operation of
the site.
The tanks shall be installed in accordance with the recommendations made by the
submitted H-P Kumar Geotechnical Study dated November 4,2016.
Operation of the site as proposed is permitted 24 hours per day,7 days per week.
A 50 foot buffer surrounding all tanks shall be clear of all potentially combustible
natural or manmade materials.
The facility shall be contained within the approximately 120 ft. by 80 ft. lease area
and located within the subject parcel as represented on the site plan.
Access to the facility from the County road shall be limited to the access location
represented on the site plan.
The bulk propane tanks are limited to two 30,000 gallon tanks located as
represented on the site plan.
12.
13.
14.
22
EXHIBIT
boog
PUBLIC HEARING NOTICE INFORMATION
Please check the appropriate boxes below based upon the notice that was conducted for your public
hearing. ln addition, please initial on the blank line nextto the statements if they accurately reflect the
described action.
My application required written/mailed notice to adjacent property owners and mineral
sst Mailed notice was completed on tr," 26d
J&t- 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.
1ff All owners of mineral interest in the subject property were identified through records in
the Clerk and Recorder or Assessor, or through other means Uist] Cle( f q
fi"p cor &e(
r Please attach proof of certified, return receipt requested mailed notice.
& My application required Published notice.
.l
.I!S- Notice was published on the Jdv day of [r]ar cVr , 26 lJ
. Please attach proof of publication in the Rifle Citizen Telegram.
dav of (-e\:fuc*q , ZOf-l,_
m My application required Posting of Notice.
d6rt Notice was posted on the JAd dav of lle-\uruu'-rq , 2gfi
_1B$ 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"
Name: tJr"\i'e S. llar{soJ
Signature:
GuorteW County
Date: 3- LL t-?tt
exHtelT
LAd Name: 12675534D
Gustomer: Beattie, Chadwick & HouPt
Your account number is: 1002838
PROOF OF PUBLICATION
T',flf, &[f"Ld-
ClT[zfl NJT'8.^LE.@BA[W
STATE OF COLORADO,
COUNTY OF GARFIELI)
I, Randy Essex, do solemnly swear that I am Publisher
of The Rifle Citizen Telegram, that the same weekly
newspaper printed, in whole or in part and published
in the County of Garfield, State of Colorado, and has
a general circulation therein; that said newspaper has
been published continuously and unintemrptedly 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
3t2t2017 andthat the lastpublication of said notice was
dated3l2l20l7 the issue of said newspaper.
In witness whereof, I
03t2212017.
have here unto set my hand this
R, 1 w
Randy Essex, Publisher
Publisher Subscribed and sworn to before me, a
notary public in and for the County of Garfield, State
of Colorado this 2t2017.
Pamela J. Schultz, Notary Public
My Commission exPires:
November 1,2019
PAMETA J. SCHULTZ
NOTARY PUBLIC
STATE OF COICP.ADC
NoTARY rB *i9994030875
isi$EraiB Nrtrlbo. 1,2!19
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DD Investments LLC
P.O. Box 5374
Snowmass Yillage, CO 81615
Wayne Rudd
0132 Park Ave.
Basalt, CO 81621
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Garfield CountY
108 8th Street, Suite 213
Glenwood Springs, CO 81601-3363
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James & Denise Watson
0100 Arapahoe Lane
Carbondale, CO g1623
Aspen Equity Group LLC
P.O. Box 1439
Carbondale, CO g1623
Bernadette F. Reinarz Trust
I 110 County Road 110
Glenwood Springs, CO 81601
A. Signature
r Complete items 1, 2, and 3.
r Print your name and address on the reverse
so that we can return the card to you.
! Attach this card to the back of the mailpiece'
or on ft6 nEnt rf sFqce psmir!. ll ,, , ,,r,. =.,,, iT.,{"r"ffid-i"-lf6lEEEEETE n*ft-rt sy6.
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DD Investments LLC9,fl,-",d.c:Tp^." Il i _
p.o. Box 5374108 8th Street, Suite 213
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Addresset
C, Date of Deliver)
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B.'Beceived by (Pinted Name)
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so that we can return the card to you.
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or on the front if
1. Article Addressed to:
Gregg Mackey
P.O. Box 398
Basalt, CO 81621
C, Date of
a_u'
address item 1? E Yes
lf YES, enter delivery below: E No
EAgent )
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9590 9402 2368 6249 9216 28
Wayne Rudd
0132 Park Ave.
Basalt, CO 81621
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or on the front if space
1. Article Addressed to:
Union Cil Company of CaJifomia
Corporation Service CompanY
1560 Broadway, Suite 2090
Denver, CO 80202
3. Service Type
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James & Denise Watson
0100 Arapatroe Lane
Carbondale,CO 81623
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or on the front if
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?El,t e?1,0 00nE ?5h1 3h'{P
PS Form 381 1 , uury ao15 psN 7oa0-02{00-s0sg
I Complete items 1, 2, and 3.
r Print your name and address on the reverse
so that we can return the card to you.
t Attach this card to the back of the mailpiece,
or on the front if
l. Artlcle Addrassed to:
Aspen Equity Group LLC
P.O. Box 1439
Carbondale, CO 81623
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738 Graves Avenue
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EXHIBIT
EXHIBIT
Gaffield Coulnty
Road & Bridge
March 6,2077
Re: All Valley Storage - Propane Distribution Facility
Kathy,
ln reviewing application and doing a site visit, the existing proposed East access does not meet our
current Road & Bridge driveway standards. Concerns are no concrete or asphalt apron at the proposed
intersection of driveway and CR LL3 and no stop sign. A Driveway Permit from Garfield County Road &
Bridge will be required for this proposal. All concerns will be addressed within the Driveway Permit.
The Traffic Analysis shows that a transport trucks (WB-50) can make the turn into the site and stop at
the gate without blocking traffic, this is very important as there is no lighting in that area for night time
deliveries.
Reminder, all snow removal must be plowed into the property and not out onto or across the County
Road.
Thank you for giving us a chance to review this application. Any questions please don't hesitate to
contact us.
Mike Prehm
Garfield County Foreman
(970) 525-8601 office
(970) 625-8627 Fax
exileff
Chris Bornholdt < cbornholdt@garcosheriff.com >From:
Sent:
To:
Subject:
Tuesday, February 28,2017 2:1 1 PM
Kathy A. Eastley
RE: Referral Request - Propane Distribution Facility
I have some safety concerns with the location of the tanks to the other building in the area and hwy 82. ls there any
water supplies close by for fire protection if there was a fire? The blast radius for that size tank would be really close to
hwy 82 and cutting off traffic to and from Aspen.
Qhb &a,rrilald,
Garfield County Emergency Manager
107 8th Street
Glenwood Springs, CO 81601
t-970-945-O453 x1012
cborn ho ldt@ga rcosheriff.com
From: Kathy A. Eastley [mailto:keastley@gafield-county.com]
Sent: Tuesday, February 28,Z0l7 B:24 AM
To: Wyatt Keesbery; Kelly Cave; Jim Sears; Steve Anthony; Morgan Hill; Chris Bornholdt; Roussin - CDOT, Daniel;
bret.icenogle@state.co.us; carrie,a.sheata@usace.army.mil; Janet Buck (jbuck@carbondaleco.net); Gretchen E Ricehill;
leach@carbondalefire.org; Prow, Sharie - NRCS, Glenwood Springs, CO
Cc: Julie Hanson; Tamra Allen
Subject: Referral Request - Propane Distribution Facility
Good day,
The Garfield County Community Development Department has received a land use application for a Storage and
Distribution Facility for Propane, to be located at 0082 CR 113 (Cattle Creek Road), adjacent to All Valley Storage. The
Applicant seeks allowance for 2-30,000 gallon propane storage tanks and associated pumps/ pipelines related to the
loading and unloading of propane.
You are receiving this email because you are a referral agency or a party that may have an interest in reviewing and
commenting on the application. The County is requesting your comments no later than March 20,z0tl so that those
comments can be considered by the Board of County Commissioners in making a decision on the application. Attached is
a referral form which lists the timeframe for the review and provides the file number of the application (LIPA-11-16-
8498).
A link providing direct access to the application materials is provided for your ease of review https://records.garfield-
cou ntv.com/WebLink/Browse.aspx?sta rtid=3583410&dbid=0
lf this link does not work you may access these application materials through our online File Cabinet found at
https://www.sarfield-countv.com/public-records/countv-documents.aspx by searching with the File Number LIPA-11-
16-8498.
Please feel free to call me at 970-9 45-1377 extension 1580 if you have any questions about the requested review or
difficulty in locating the application on the County system. Thank you for your time.
Kothy Eostley, ATCP
EXHIBIT/z
From:
Sent:
To:
Cc:
Subject:
Attachments:
Roussin - CDOT, Daniel <daniel.roussin@state.co.us>
Monday, March A6,2017 6:19 PM
Kathy A. Eastley
Tamra Allen
Re: Referral Request - Propane Distribution Facility
Cattle Creek Realiagnment.pdf; 3 1 5207 .pdf
Kathy - Thank you for the opportunity to review the Propane development on Cattle Creek Road (CR 113). As
you are aware, Garfield County just did improvements on the intersection and received an access permit. Please
see attached permit. It is unlikely the propane development would increase the traffic on CR I 13 by more than
20Yo;therefore no need for an access permit. However, be aware that CDOT and County have determine that
the County Road will need to be re-aligned. Please see drawing of re-alignment. The re-alignment will require
the need for ROW from this property owner. CDOT would suggest that the County should try to acquire the
ROW from the property.
If you have any questions, please let me know.
thanks
Dan
Dan Roussin
Permit Unit Manager
Traffic and Safety
P 970.683.6284 | F 970.683.6290
222South 6th Street, Room 100, Grand Junction, CO 81501
daniet.roussin@state.co.us I www.codot.eov/ | www.cotrip.orstrtrtr
On Tue, Feb 28, 2017 at 8:23 AM, Kathy A. Eastley <keastley@garfield- wrote:
Good day,
The Garfield County Community Development Department has received a land use application for a Storage
and Distribution Facility for Propane, to be located at 0082 CR I l3 (Cattle Creek Road), adjacent to All Valley
tr
ffi COLORADO
Department of Transportation
''l r ;:iiipc.tA:ior I 51,/s!rrr:
Martaqtlnanl ir Crltr:' alrirIs
Region 3 Traffic Section
222 S. Sixth St, Room 100
Grand Junction, Colorado 81501
PH (970) 683-6284 / FAX (970) 683-6290
Aprit 13,2016 <<< E-mailed >>>
Jeff Netson
Garfietd County
0375 CR 352
Rifte, CO 81650
Re: State Highway Access Permit No. 31 5207, located on Highway 082A, Mile Marker
Reference Pt. 7.866 L in Garfield County
Dear Permittee:
The Colorado Department of Transportation (CDOT) has received your signed permit and
apptication fee. A copy of the issued permit is enctosed. The next step in the CDOT access
permitting process is for you (Appticant) to receive a Notice to Proceed (NTP) from CDOT.
You may NOT proceed with ony construction without receiving an approved Notice to
Proceed from CDOT. Failure of receiving a Notice to Proceed prior to any construction
will be a violation of the State Highway Access Code (7 CCR 601-1,"the Code") S 2.4.
Notice to Proceed Requirements
Wett in advance of construction, the Appticant shatl request a NTP in writing atong with
submitting other items, such as construction drawings, specifications, and other required
documents to CDOT. The Appticant must submit a comptete packet of this information to
CDOT with their written request. lf the Appticant chooses not to request the NTP, the permit
expires pursuant to subsection 2.3(11Xd).
CDOT has seven days to determine if the NTP submittal is comptete for review and then notify
the appticant of any deficiencies. lf complete, CDOT wilt review and comment on the
submitted information within 3O-days. lf CDOT determines the information is unacceptabte,
is missing, or is in need of correction, the Appticant shatl correct their submittal and resubmit
the comptete request for NTP.
Once resubmitted, CDOT witl review the revised NTP documents within 10-days. lf the
revised documents are satisfactory, CDOT witl issue a NTP. lf further corrections are
necessary, the cycte of submittat, review and comments wit[ repeat itsetf until approval is
granted and the NTP is issued.
The request for NTP shatl inctude the fottowing documents, atong with any other items
specified in the Terms and Conditions of your permit:
1) Cover Letter Requestinq a NTP
2l Traffic Control Plan
c.
F.
The traffic control ptan must:
A. Compty with CDOT Standard Ptans Manual for Maintenance and Signing; and
B. Be consistent with the MUTCD, identifying the type, number and spacing for atl
devices; and
Be prepared by individuat with American Traffic Safety Services Association
(ATSSA) or Cotorado Contractors Association certification - or seated (stamped) by
a Cotorado registered professiona[ engineer; and
Be acceptabte to CDOT prior to any construction within the right-of-way; and
Be presented in a manner that provides a method of handting traffic (MHT) for
each different phase of construction; and
Describe the MHT according to the proposed construction phasing and inctude
dimensioned diagrams of work zone etements, with the finat traffic control ptan
submitted a minimum of three workinq davs in advance of construction. (Such
plans may be revised as necessary with CDOT concurrence.)
I nsurance Liabi litv Certification
The Appticant or contractor shatl be required to provide a comprehensive general
tiabitity and property damage insurance (naming CDOT as an additiona[ insured party for
tiabitity) in the amounts of not less than 51,000,000 per occurrence and automobite
tiabitity insurance of 51,000,000 (for combined singte-limit bodity injury and property
damage) for each accident during the period of access construction.
Complete Construction Plans
The Appticant sha[[ provide two (2) copies of construction plans and specifications for
the proposed improvements. The plans shatt:
A. Address (as appl,icabte) the geometry, drainage, striping, signing, and signatization;
and
3)
4l
lnctude (but not be timited to) the layout of the access, highway improvements,
utitity tocations, existing and proposed drainage, existing and proposed right-of-way
[ines, existing and proposed traffic control devices, and a ctear zone anatysis; and
Be seated by a Cotorado Professional Engineer in accordance with CRS 12-25-117; and
Conform to the requirement of the permit's "Terms and Conditions"; and
lnclude the following statement on the cover page of the ptans:
"This design is in full compliance with Section 4 of the State Highway Access
Code, 2 CCR 601-l except for the following approved design waivers:"
Construction Proeress Schedule
The Appticant shatl provide a construction progress schedute that identifies atl criticat
path items, inctuding but not limited to: excavation, embankment, surfacing, cutvert
instattation, traffic control ptacement and removal, and access construction comptetion.
Notice to Proceed Checklist
The Appticant shatl provide a compteted NTP Checktist. The Engineer Design Certificate
shatl be compteted, signed, and seated by the Engineer of Record (See page 13).
Complete and provide att required items marked with an "X" on this checktist and then
mark an "X" in the provided cotumn. This Checktist and associated ptans and
specifications wit[ be inctuded as exhibits to the NTP.
B.
c.
D.
E.
5)
6)
ci :i,i,,
7.222 S. Sixth St., Room 100, Grand Junction, Cotorado 81 501 P (970) 683-6284 F (970) 683-6290 www.coloradodot.info
7l Performance Bonds
The performance bond must be at least 110% of the estimated total highway
construction costs. Bonding agency must be ticensed to do business in the State of
Cotorado. A cost estimate, seated by a Cotorado registered professionat engineer, and a
draft of each bond must be provided and approved by CDOT, prior to issuing a NTP.
8) Pre-constructionMeetinq
A meeting shatl be scheduted between, but not limited to: the Appticant, a CDOT
representative, construction personnet, Traffic Control Supervisor, and
Permittee/Property Owner (or Property Owner's Representative if other than
Appticant).
Ptease catl to schedule a pre-design meeting with, Devin Drayton, Project Manager, at (970)
683-6286. This meeting witt go over atl items that shatl need to be submitted with the NTP.
Respectfutty,
*Rd,^
Dan Roussin
Region 3 Permit Manager
Cc: Zane Znamenacek, R3
Atex Karami, Staff Access Manager, HQ
Fite
.tirrifiz;::.
rt .j l+-
222S.SixthSt.,Rooml00,GrandJunction,ColoradoSl 501 P(970)683-6284F(970\683"6290 www.coloradodot.info := "'Z
- :-".' ,
Cattle Creek Metropolitan District Access and Traffic Assessment
r,l>t.
,At\
't+!- .!
East Side lmproYsments
Basis of Oesaon
oan7t2012
A
Cattle Creek Metropolitan District, Garfield County, Colorado E92
EXHIBiT
t3
-
From:
Sent:
To:
Subject:
Gretchen E Ricehill <gretchen.ricehill@cogs.us>
Tuesday, February 28, 2017 10:42 AM
Kathy A. Eastley
RE: Referral Request - Propane Distribution Facility
Kathy:
Thank you for forwarding application File Number LIPA-11-16-8498 for our review and comment. The City of Glenwood
Springs, Community Development Department has no issues with the proposed propane distribution facility located at
0082 cR113.
Gretchen Ricehill
Sen ior Pla n ner/l nterim Comm unity Developme nt Di recto r
970-384-6428
EXHIBIT
)Ll
From:
Sent:
To:
Cc:
Subject:
Follow Up Flag:
Flag Status:
David,
Bill Gavette < gavette@carbondalefire.org >
Wednesday, March 15,20L7 5:42 PM
David Pesnichak
tmcbrayer@ rfvcoop.com
AllValley Storage - Propane Distribution Facility
FollowUp
Flagged
I have reviewed the referral for the propane distribution facility. I have commented previously to Glen Hartmann in an
emaildated 4l7l2ot6.
ln regards to water supply for fire protection at the proposed site, there are two water sources available. Cattle Creek
runsadjacenttothesite. ltflowsyeararoundandcanprovideanadequatesupplyofwater. Additionally,onthesouth
side of Cattle Creek, there is a fire hydrant located within 500 feet of the proposed facility. lt is supplied by a 90,000
gallon water storage tank on the commercial center's water system.
Please contact me if you have any questions or if I may be of any assistance.
Best Regards,
Bill Gavette
Deputy Chief
Carbondale & Rural Fire Protection District
www.carbonda lefire.org
970-963-2491.
F!ftt ' ttrts.RTSCUt
MOUNTAIN CROSS
ENGINEERING. INC.
Civil and Environmental Gonsulting and Design
EXHIBIT
t
"nE t56r
RE:Review of the Limited Impact Review for Roaring Fork Valley Co-op Propane
Distribution Facility: LIPA-1 1-16-8498
Dear David:
This office has performed a review of the documents provided for the Limited Impact Review
Application of the Roaring Fork Valley Co-op Propane Distribution Facility. The submittal was
found to be thorough and well organized. The review generated the following comments:
L The Applicant states that approval from Carbondale and Rural Fire protection district was
obtained. This approval was not provided in the documents. The Applicant should provide
the approval letter.
2. The Applicant provides access to copies of the following documents: Emergency Action
Plan, Fire Safety Analysis Manual, and Operations and Maintenance Handbook. These
references appear to be guidance documents for developing a site specific plan. The
Applicant should provide these plans and documentation that are developed for this
proposed site.
Feel free to call if you have any questions or comments.
826'/tGrand Avenue, Glenwood Springs, CO 81601
P: 970,945.5544 F: 970.945.5558 www.mountaincross-eng.com
March 20,2017
Mr. David Pesnichak
Gar'field County Planning
l08 8th Street, Suite 401
Glenwood Springs, CO 81601
EXHIBIT
*" t0
195 W. 14th street
Rifle, CO 81650
(970) 625-5200
Garfield County Community Development
108 8th Street
Glenwood Springs, CO 81601
Attn: David Pesnichak
2014 Blake Avenue
Glenwood Springs, CO 81601
(970) 94s-6614
March 17,2017
Hello David,
I have reviewed the application for the Roaring Fork Valley Co-op Propane Distribution Facility
on Cattle Creek Road (County Road 113). Because this facility will be located on an existing
disturbance, it will have limited new impacts on water and soil. However, Cattle Creek has been
listed as impaired for macroinvertebrates on Colorado's 303(d) list. Based on a Stream Health
Evaluation done in 2015 and 2016 by the Roaring Fork Conservancy, some of these impacts
are likely due to the industrial and commercial land uses in the creek's lower reaches. We
recommend a re-evaluation of the stormwater management at this site to ensure runoff is not
allowed to enter the creek and cause impacts to water quality. I have attached the Roaring Fork
Conservancy's summary of their study for reference.
We also support the recommendations of H-P Kumar in that the subsurface soil conditions
should be evaluated before placement of the precast concrete foundations for the tank footings
to ensure that settling will not occur that may disrupt the tank.
Finally, we recommend that the operator of the facility regularly check the tank, valves, and
pipes to ensure there are not leaks that could be causing emissions of volatile organic
compounds. This should also be followed when propane is being distributed to trucks.
Thank you,
l:l/,'/-/
Morgan Hill
Environmental Health Specialist lll
Garfield County Public Health
195 W. 14th Street
Rifle, CO 81650
(970) 665-638s
/):
',' L:?
Public Health
Garfield County Public Health Department - working to promote health and prevent disease
Cattle Creel< 2O15 Stream Health Evaluation
=,+CONStl{\'Ar-( \'
Bacl<ground:
ln 2015, Roaring Fork Conservancy (RFC), with funding from Carfield County, embarked on an extensive
study to better understand water quality impairment(s) on Cattle Creek. Based on previous
macroinvertebrate data, a 14.5-mile segment of Cattle Creek, from Bowers Culch to the confluence with the
Roaring Fork Riverwas listed on Colorado's 303(d) list. Based on previous data, Cattle Creek exhibits high
water quality near the headwaters and impaired water quality in the lower reach. With this information, RFC
worked with property owners to gain access co strategic areas in and along Cattle Creek to understand what
is happening in between these two sites. Through the summer and fall of 2015, RFC collected and assessed
chemical and biological water quality data based on Colorado State Standards at seven sites along Cattle
Creek to provide insight into the source of any water qualiry impairment(s).
The Clean Water Act is the primary federal law governing water quality in the United States. Section 303(d) asserts each state
is required to monitor waterways and document those which do not meet water quality standards. States must then prioritize
impaired waters and develop remediation plans to improve water quality.
a Monitoring sit€ '.- Streams City limits
# 303(d) se8ment Ditches USFS
Roads BLM
Overryiew:
WATER CHEMISTRY:
. Sampling revealed increased levels of nutrients, bacteria, and total dissolved solids in downstream
sites. The likely source is agricultural land uses, although impacts may be exacerbated by poor near-
stream land management practices including removal or destruction of riparian buffer zones.
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o Phosphorus levels increased in a downstream direction, with the state standards exceeded at 2 of the
3 most downstream sites. The timing of high levels of total phosphorus primarily suggests livestock
and natural/soil impacts.
o Nitrate concentrations increased substantially in a downstream direction. The timing of nitrate levels
show a correlation with septic tank density although more data is required for verification.
r Levels of E. coli exceeded state recreation standards at all sites inJuly. During other sampling events,
levels increased and remained consistently high at all sites below Coulter Creek (CC3). The spatial
pattern of E.coli results suggests that grazing activities and streamside land management are likely the
primary contributors.
Please note, these resuls do notjustify legal designations of impairments.
MACROINVERTEBRATES:
o Macroinvertebrate sampling indicates increased levels of stress and disturbance at downstream sites
relative to upstream sites.
o With a few exceptions, upstream and middle sites attain state standards while the most downstream
sites indicate impaired conditions.
o Despite low overall levels of development in the watershed, the location and impacts of the
agricultural and residential activities create a clear signal of aquatic life stress in Cattle Creek. These
stressors seem to be varied along the creek, with agricultural land use in the upper reaches and
residential and commercial development in the lower reaches all playing a role in the steady
downstream degradation of stream health.
LAND USE:
. Land use analysis identifies gradients of land use change that correlate with water qualiry findings.
The upper reaches of the Cattle Creek watershed are largely undeveloped and forested, supporting
excellent water quality. A gradient of increasing impacts matches land use in a downstream direction
from agricultural activities to residential and commercial development. These varied uses along the
stream corridor have led to riparian alteration or degradation which in turn impacts water qualiry.
FLOWS:
o Water withdrawals in the middle and upper watershed remove significant streamflow to irrigate lands
in Missouri Heights. This may exacerbate water qualiry issues due to the reduced dilution for existing
stressors such as agriculture and streamside development.
Next Steps
o Monitoring work in 2015 identified potential issues with nutrients and bacteria in Cattle Creek.
Continued chemistry and macroinvertebrate monitoring will add depth, reliabiliry, and increased
statistical power to the dataset. Exploration of additional factors such as flow stress and fish
communities may also shed additional light on stream impairments.
o RFC plans to continue monitoring in 2016. Results from 2015 were used to inform and modifi the
2016 plan to increase informative results, as well as resource and cost efficiency.
c 2016 Monitoring Plan
o Quarterly Water Quality monitoring at 5 of the 7 original sites along Cattle Creek.
o Additional nutrients included in the sampling regime (Ammonia &Total lnorganic Nitrogen).
o Macroinvertebrate sampling in the fall at all 7 original sites with an emphasis on addressing the
state 303(d) listing.
For more information, visit www.roaringfork.org
'*"i#Tl[:'j:il,Y.tff ffi',*:::il:i::::?:,l#fi ffi #*
1970!/927.L29O
Roaring Fork Corzseruanry Inspiring people to explore ualue and protect our wetershed since 1996.
EXHIBIT
Looo6
IrIRS'1 ,,\N4h"ir"Dh,1Fi"!I l-( ) (-0v1N'IER(-'lAL LE:\SI1 BE1WEEN
ALI- \/AI-LEY S IORACiL LLC ANL)
ROAI{INC F(lRK VAt.l HY COOPLTRATI\'I ASSOCL{TIO)'J
THIS FIRS 1 AMENDMHN I I() ( ()l\41\lERt lAL LL.ASL (thc "["rrst Arlcndntent") is
made and entered into by and betvn,eerr All Valley Storage LLC. a Coloraclo lrmitecl lrabilrty
company ("Landlord") and Roaring Fork Valley' ('ooperative Associatit'ur. a Colorado
cooperati vc ("Tcnant").
I{ECITALS
A. The parlies entercd in to a Commercial Lease dated August l, 2016 fbr cefiattt
property located at 0082 County Road I I 3. Carbtinclalc. CO I I 623 (the "Lease").
B. The parties desire to arnend the Lease to incluile an Exhrbit A to depict the Leascd
Premises and providc fbr legal access to the Leased Premises pursuant to the tenns aud
conditions contained in this First Amendment
NOW, THEREFORE, rn consideration oltlre promises. covenants and agreements contained
herein, the receipt and sufficiency of r.vhich is hereby acknowledgcd, that partics agree as
follows.
AGREEMENT
L The Leased Premises is hereby depictecl as the "Project Area Ditnension" on
Exhibit A atlached hereto and incorporated by reference.
2. Legal access to the Leased Premises is hereby granted fiorn County Road I l3
upon. on and across the area tlepicted as "Project Area Access" on Exhibit A attached hereto and
incorporated by reference.
3. Other than the amendments made herein. no othcr changcs are niade to tlte Lease
and the Lease remains in full fbrce and effect.
IN WITNESS WHEREOF, the parties have executed this First Amcndment to
Commercial Lease on the dates specified belorv their signatures.
LANDLORD:
ALL VALLEY STORAGE LLC
I
TENANT:
ROARING FORK VALLEY
COOPERATIVE ASSOCIATION
By:
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923 Cooper Avenue
Suite 20'l
Glcnwood Sprhgs, CO 81601
tele: 970.945.5252
fax: 970.384.2833
Scale: l"=50'
Date: l0l25ll6
Proj #. 16031.01
File: 16031-v-lopo
Raaring Fork C00P
Carbondale (Garlield County), Colorudo
floaring Fork CA0P Propane Storage
Grading, Drainage & Erosoin Control Plan
EXHIBIT
t ts
WAIVER AND ACCEPTANC]E OF NOTICE
I. Wayne Rudd. of Rudd, LLC, do hereby acknowledge that I received and accepted the
Public Nolice attached hereto fbr the pLrblic hearing scheduled April 10.2017 fbrthe application
by Aspen Equity Group" Lt.C to seek allowance fbr a Bulk Storage Facility tbr Propane consisting
of two 30,000 gallon storage tanks with associated pumps and piping systems to load and unload
propane. On behalf of Rudd. LLC. I hereby waive any other form of notice or service and I consent
to the jurisdiction of the Board of County Commissioner in this matter. I have no objection to the
noticed public hearing moving tbrward as scheduled on April 10,2017.
Dated thisl0* day of April, 2017.
Rudd. LLC
PUBLIC NOTICE
TAKE NOTICE that Aspen Equity Group. LLC has applied to the Board of County Commissioners,
Garfield County, State of Colorado, to request a Limited hnpact Review ou an approxirnately I I acre parcel
as described below in the County of Garfield, State of Colorado; to-wit:
Legal Description: See Exhibit A attached hereto and incorporated by reference.
Practical Descrintion: 82 County Road I l3 just east of Highway 82, approximately 4 miles nortlrwest of
the Town of Carbondale. Garfield County Assessor's ParcelNumber
2393-0',74-00-357 .
Descrirrtion of Request: The Applicants seek allowance for a Bulk Storage Faciliry for Propane consisting
of two 30,000 gallon storage tanks with associated pumps arrd piping systems to
load and unload propane. The Property is zoned Commercial Limited (C/L).
All persons affected by the proposed project are invited to appear and state their views, protests or support.
If you cannot appear personally at such hearing, then you are urged to state your views by letter, as the
Board of County Commissioners will give consideration to tlre comments of surrounding properry owners,
and others affected, in deciding whether to grant or deny the request. The application may be reviewed at
the office of the Planning Department located at 108 8th Street, Suite 401, Garfield Counry Plaza Building,
Glenwood Springs, Colorado between the hours of 8:30 a.nr. and 5:00 p.m., Monday through Friday.
A Board of County Commissioners Public Hearing on the application has been scheduled for the 10th
day of April r2017, at l:00 P.M. in the Boartl of County Commissioners Meeting Roorn, 108 8thSt,
Glenwood Springs, Colorado.
Planning Department
Garfield County
llll lttlE;]filJ{l{,ltlr,!tll,l{filitfltl';l$l,hrri ll{d ll ll I
Reccpt im6: 726192
o7t17t2OO7 02 02.51 Pn g 1956 P 0931 Jein Albsrrco
A ol 1 Rec FEa 136.00 ooc Fe€:127 96 GQFIELD CoUNIY CO
EXHIBIT A
EX}IrBr? A
.t, poRtroN oE L}ND SITUATED VrrTsIN sEc?roN 7 .AND SECfroN 18, TO?JNSxrp 7 souTH,RANGB 88 I{ESA Or
"HE SrXII{ PRTNCIPAIJ MERIDTAN, CANPIEIJD COI'NrY, COLOR.BDO, TYINCSOUTH}IESTERLY OP fHB SO."THERL'' RrGHt O' lgr* OP GARFTELD COI'NrY ROED S113 ASCOIISTRUC:IED .}NIt IX PTACE, NORIE Or THB CENTEBLI'iIE O, CATTLE CR,EEK, EAST OF TNEEASTBRT'Y Rrcsr oF tsAy oF corJoRlDo srArE Br6ril{r,t *82 AND t{Esr or I,rAr rnAerDESCRTBED rN BOOX 576 l,r pAcE 659 O' tBE nECORDS Op CIR?IELD COrrNTr, coLoR.f,DorSAID DAICEL aEIlrC MORS p.e,.Rrrcuu,Rly Ongcntgno
^s "or.oonr,BEGI}INING AT T POINI! ,IXERE TI.E ,Or,:rgEELY RrGET Or rAY OF COt'Nrr RO^D $].13TNTERSECTS TBE *EST L'NE OF
',IA. TNTgr AS DASCRIDED IN BOO* 576 }T PACE 559 O,1',IE RECOR.DS 08 S.}.ID COT'rrrY, SAID POrNT Or B,.INNING EErNC A f5 REB.R WXTEpLAS?rc c^p p,rJ.s. *22580, tho,' mtlcE ruE sou,,r'Asf coEtrER op s^rD
'ECTTON
7EEtrRS NORTTT 72 DacnrEs 23,02n EtsT I, DIST NCE OF 199.35 rEEr, sArD SOUISEASTconNER oF slrD sBsrrorr 7 EBrr(; A srrr'TDA*D uoNU.IErr s&T By cAnprELD corrNrv. THENr'r'oNc sArD wBSf LrxE or rRAe! sot:rrr oo DroRrEs oo,oo, wEsr e risr^*cu oF 197.51PBE' m rxr'RsEcr rE cEo'ERr,r:n,E oF .ATLE cREEr, sArD c.atsr cENrERLrtrE BErNcLOCtr,fED BY ST,RVEY APRIL 2?, 1992, rrrEtl .I,LOXG sl^rD CREEX CTNIrETIJXNE AHEPOLtOt{INc {0 cotksrs,
NORTE {9 DECREES 59'17N TfEgT A DrST}NCE OP 9?.70 rEErIl{onxH 6{ DTCREES 25'{an }lrsT -t. DtrsuNca op zo.cg ,gsr,NORTII 08 DECREES {8122' EAST I, DXSTTNCE OF {8.12 FEETINORTH 55 DECREES '6119I I{EST I, DIST.f,.NCT OA, {8.?9 FEBT,sourH 7{ DECR.E&S t5'23tr rEsT I DISTINCE Or eg,ln reET,NORTIT {6 DEGREES 26r19tr I{EST } DTSTINCE o, ,0.0, ,*"r,NoRrH 08 DEoRrrs os,{si Elgx ^ ,r"rroir oi ,".0r ,ser,NORTH 57 DEGREES 39r58r wEsT O
'rst*cs o, ,r.e:
"""a,Nonrrl az DEonEEs 15r3{n nrsr ^ ,_sr^ra, Ji ,r.rr ,ra*,xoRTH 19 DEGREES r0,Ooi EAST Lrsrexc* or er.o: rt"t,NoRrrr 30 DEGREES 2E,J:: ,,fr e o.srrn.s fi ,..r, ,".r,sou'n 86 DBcRaEs 23,25, wxsr a ,rsrNIcE i, ia.ra rtrr,soutlr ?6 DEcRrEs {or3gn r{Es? o or"r*", oi iar.ru ,rr,sorxrr 01 DEcRErs 5r.,1a. rEsr r pisrerci i, ir,rz ""rr,xoRTrr sg DEcaEEs 59110! lr'sr ^ ,r"rrnc, i, ir.ra ,ra*,NoRTH oz DE."*E 12,{G. ,rEar ^ "rer rril Ji ir,ra ,"or,sou?H ?3 DEGREES t2,42r wsr A Drsrrlra; i, ir.rr r"rr,Non'* 83 DrcnErs dl.2ED wEsr .n oarrrr"a i, ir.r, ,rr,lro*r* 5e DE.REE' {r,52r wrsr A ;il;;; Ji ir.ru "rrr,sourg 79 DECREES {2!30x }JEST A DISTINCE O'
"..r, "..r,so.,rs 3s DE.REE' 37.42. rr,sr ; ;iiiiili ii ir.ru ""r",sourr 6? DEGRBE' s{.s.x RAsr " ";;;;;; ii i".u, u"*,sou?H 2{ DE.REES {{1{7{ erEsr ^ ;;;;;; J" ir.ro ""rr,sow, 82 DE.REE' 25,35n reEsr o or"r*ii i, iu..o "rrr,soIIfIl {8 DECREES; 26,'{i
NoRlx, 66 o""*""" ;;,;;; ffi; i;ffiilH;i ii:;; #ffj;fftr :l #ff.T: il:;:: T:1" "'"'^"G J" ii.,. "",.,I9=1 " ,""*"," ;;,;;: ## i iiillilH # f :;: ff*;so.,rrr 22 DE.REE, 01,{r, }r'sr ^ ,;;;;;; J, Ii.o, ,r.r,sour, 81 DEcf,EEs or,rr: I::1 " oi;;;; J" il.r, ,r"r,sour' 65 DE.REB' se,3oi nasr ^ i,i"r"l*i*- "oi ]1.u, ,rrr,NORTII ]{ DECREES OO"': TI:] " ";;;;;; J" Ji.UO .",,,ffxH ;l ;::t'ff ;i:;i: 3t" ^ 'il;;; J' ii-,, ""*,,sourx 82 ";;;; ;;';;: 'T:l A Drs?rNcE oP 115'53 FEEr,
NoRrH {7 "il;'; ;;';;: :::l A DrstaNcE oP eo'53 aEEr'
NoRm aT ';;;;; ;;,;;, :::l A DrsrANcE oP 88.6,r PEE?;
NoRrH 6s '*".*.i ;;';;; y:l A DrsrANcE oF 1{0'6{ FEE1,I{EST A DTSTANCE oP 1o8.1iI PEET;
cc6f,00l 122
Forn 671 EXItBtIAt-o ot/17 /O!G t2868)
?nS,Bi$#,',:t.T'HTIIfl 'X#.:''''
EXHIBIT A
NORTH 87 DEGREES 2]'4?i WEST A DISTANCE OP 50.3? FEET To INTERSECT THE E.},STERIJYRIGHT OF I{AY OP COLOR.A.DO ST.f,TE BIGHW.IY NI.'MEER 82 / THEN AI,ONG S.ATD EASTERLTETCHI OF WAY THE FOLLOWING TWO COURSES,
339.91 FEET ILONG |rHE ARC OP A fl'A,VE TO TgE ETGHT, H.AVTNC T R:IDIUS OP 11320.00PEET. a CENTRAL ilrcLE oF 01 DEGREES 43rt{r.r,ND A LONG cHoRD wHrcH BEARS NoRrH05 DEGREES 53I33N WBST I DISTAXCE OP 339.90 FEET;
NONTE 06 DEET,EES O2'39N WES? A DISTANCE OF I,17.23 FEETITEAN DEPARTTNG SAID Ef,STERLY RIGNT OT W}Y NORTH 90 DEGREES OO,OON EAST ADIST}'NCE OE 8d.{3 FEET TO INTIRSECT TIIS SOUTIIERLY RIGfiT O' WTY OP SAID GAREIELDCOI'NTY RO.BD I.T1'!6ER 113.
IHEN JILONG SATD SOIXIIIERLY RIOIT OP WTY THE EOLLO}IING TWELVE COURSES;13{.72 FEBT ALONG THE ARE OF ]I CUR\rE TO TIIE LErT H}.VING } N.r.DrUS OF 2557.97PEET, I cExrRlL.tl{clE op oJ DEcRrEs oo'21{ A.}rD A LoNG cIIoRD **rcr BELRS sourlr55 DEGREBS 04,26il E,IST A DrST.trNcE OF 13r.70 pEaT,
SOUTH 57 DEGnBES 3,[,380 EaST r DTST.ANCE OF 2{2.62 pEETI213'78 FEET AL.NG TEE ARc or.f, gu*vE To rrrE IJEFT t{.}vrNc A ReDrus oF 550.98PEET, .I, CEMTRAL ANGLE OP 22 DECNEES 13'51'^ND A IO,.G CTIORD WHICH BEARS SOUTH68 DEGREES 41'32N EAST A DIST}NCE Og 2L2.44 EEETISOUTII 79 DECNEES {8'27tr EAST A DISTNTCE OE 61.85 FEETI152.85 FEET ALONC TgE.[NC OP A CT'RYE TO TIIE RIGHT IIAVTNG A RADIUS OF 9{{.11FEE,' A .ENTR'I'L AN.LE oF 09 DBGRaE' 16r3{n AND A L'NG
",roeD
}r,rgr{ BEAR. sour'75 DEGREES 1OI1O' EAST A DISTTNCA OP 152.58 AEAT,SOI':TH 70 DEGREES 31'53U EAST A DTSTTNCE Or 112.08 PEEr,271'76 FEEa Ario,e rnE ARc or r ci'xvE ro rIrE RrcHT lrAvrr{c A &r.Drus oF rs2r-.83FEE'' A .ENTRATJ ANGLE oF 10 DEGREB' 13's3tr AND A LoNc c*oRD ,ourctl BEAR' sour,65 DEGREES 2{I57N E.AST A DISTANCE OF 271,39 FEETISOUTII 60 DECRBES 161006 X.IST A DTSIANCE OP {5.9{ F!ET;259.41
'EET
TLONG TIIE trRC OP A CUR," TO rHE RrGHT IIAVTNG A R}DrUS Or E],9.7{FEET' A .ENTRTL lNcrrE oF r.g DBeRrEs 07's3r LlrD.L rroNo cxonD N'rcu DENrs sourll5]. DEGREES 1{'O{il EAST A DIST}NCE OF 258.33 rEETSOUTI{ 42 DECREES 1O'O?f E.I,ST A DISTA}ICE OP ].05.17 FEET;sourH {1 DEcREES 11,11n Elsr A.DrsrANcE or ii.oa r"sr,167.53 rgET ALONG rEr ARC OF A CUR\/E
"O TH,,"", EAVING I A,ADIUS OP 2532,31'EET' } CE'*TRA& AN6!E Or O] DEGREES rA'IZ"_.I,XO A LONG CIIORD WHICH BEARS SOUTH43 DEGREES OOI{2N A|AST.T. DTSTJ{NCE Or 16?.51 EEET TO THE POINT OPBEGTN}IING.
ALSO rNowr'l As
PARCEI, A
MTDLAND EXEUPTION
COUN.rY OF GARFIEIJD,STATE OF COLORA.DO
cc6f,001 t2?
lotn 671 Exxr8tTa1.0 o,t/ttloa
EXHIBIT A
(5128613)
lll tfrfiif lril f+ll tfrt [J,{1 }# I HllI }ltl I rhl LIr'I, ll ll I
Reception$:
@4t1@t2@17 1',1 :
1 of 1 Rec Fee
Alberico
:O.OO GARFIELD cOUNTY CO
a9to10
22:'16 Afl Jean
r313.00 Doc Fee
i..e.Islf lr Uft#i#f;*
,#{},FY
::::|i:t to c'R's' s38-30-172, the undersigned executes this statement ofAuthority on behatfofa Colorado timited liability company
EXECUTED this 1oth day of _Anril 20 17
Signature:(
Name
Title (if any):
SIATE OF coloRApo l
)ss.
COI'NTY OF GARFIFI N I
The foregoing instrument was acknowtedged before me this 1oth day of eprit 2017Sy Wayne RudO on behalf of Rudd LLCColorado limited liability company
;:;i;1g ,:'.ffi1iil,,lfi:#
1,il[1Tffff1;::j:H,:,*f::,:"1;::.ty; ffiffi:;l:illfr,llll;Jl::H:fi :T5i,l,jJlly,,than an individuat, capabte of rroruingiitte;;;;;i";;i',';'<_lT::T:rH:::?;iljl
The name of the Entity is Rudd LLC
and is formed under the ;3yys 61iJ-"-E'
The mailing address for the f ntity-is@Err ril Basalt, CO 81621
The name and/or position of the person authorized to execute instruments conveying, encumbering, orotherwise affecting titre to rear property on beharf of the Entity i5 lffayne Rudd, Manaser
The limitations upon the authority of the person named above or holding the position described aboveto bind the Entity are as follows (ii no limitatitns, insert .,None,,): None
other matters concerning the manner in which the Entity deals with any interest in real property are (ifno other matter, leave this section blank):
a
N
I
t
t,
t
il,i&trrE $, $/llllAt$g"pt kRy
i'leirggY PUBLIC
5TATE SF CQLORACIO
i!0T^ny rD #20004026275
Witness my hand and official seal.
My commission expires; :l t I ii;,.::-)
(Date)
[SEALJ
Guffield Coun
STATEMENT OF AUTHORITY
:1I-{,3MSf:10;\r ExptREs $ EpT. 1 1, 2020
ilxrrtetrt /?
WAIVER AND ACChP'I'ANCh OI: NOl-lCE
I. Scott Fenske. of .l & S Properties. LLC. do lreretry acknorvledge that I rcceir.'ed anci
acccptedthePr:blicNoticeattachedheretofbrthepublichearingscheduledApril l0. l0l7fbrthe
application b1, Aspen Equitl' Croup. LLC to seek allowance fbr a Ilulk Storage Facility for Propane
consisting of tw-o 30.000 gallon storage tanks with associated pumps and piping systems to load
and unload propane. On behalf of J & S Properties. LLC, I hereby waive any other form of notice
or sen,ice and I consent to the jurisdiction of the Board of CoLrnty Comniissioner in this matter. I
have no objection to the noticed public hearing moving forw'ard as sclteduled on April 10. 201 7.
Dated U.,is [Lf day of April.2017.
J&SProperties"LLC
-:-'
li
By: Scott Fenske
PUBLIC NOTICE
TAKE NOTICE that Aspen Equitv Group. LLC lras applied to tlre Board of County Commissiouers,
Garfield County, State of Colorado, to request a Limited Impact Review ou an approxirrrately I I acre parcel
as described below in tlre CoLruty of Garfield, State of Colorado;to-wit:
Lesal Description: See Exhibit A attached hereto and incorporated by reference.
Practical Descrirrtion: 82 County Road 113 just east of Higlrway 82, approxirnately 4 miles northwest of
the Town of Carbondale. Garfield County Assessor's Parcel Number
2393-074-00-3s7 .
Description of Request: The Applicants seek allowance for a Bulk Storage Facility for Propane consisting
of two 30,000 gallon storage tanks with associated purnps and piping systenrs to
Ioad and unload propane. The Property is zoned Comnrercial Limited (C/L).
All persons affected by the proposed project are invited to appear and state their views, protests or support.
If you cannot appear personally at such hearing, then you are urged to state your views by letter, as the
Board of County Commissioners will give consideration to the comments of surrounding property owners,
and others affected, in deciding whether to grant or deny the request. The applicatiorr rnay be reviewed at
tlre office of the Planning Department located at 108 8th Street, Suite 401, Garfield County Plaza Building,
Glenwood Springs, Colorado between the hours of 8:30 a.m. and 5:00 p.m., Monday through Friday.
A Board of County Commissioners Public Hearing on the application has been scheduled for the lOth
day of April, 2017,at 1:00 P.M. in tlie Board of County Commissioners Meeting Roorn, 108 8'r'St,
Glenwood Springs, Colorado.
Planning Depaftment
Carfield County
EXHIBIT A
Illl ltr l! 11 l,Yl, Hl I,ltfi , l{ l, !{lll{r' ltl l lj'l, til{, ll{, il ll I I I
ReceptimH: 726192
oltrt-t2OO7 02 O?:51 pn B l95O P 0931 J.i^ Flb6.rco4 0t / kec F.. t36.go Doc FEe:127 95 GRmIELD CoUNTY CO
EXTITBTT A
A PORTION OF LAND
'I?UATED ",ITIIIN SECTION ? IND
'ECTTON
18, TOWNSHTP 7 SOU.,H,F.f,I{GE 88 WEs? OP TBE SrXrE PRIICIPAI, UERIDTAN, CARFIELD COUNTT, COLONADO, LYINCSOUTHTIESTERLY OP THA SOUTEERL'r RIGII? O' WAI OP CARPIELD COI'Nrr ROII) il].13 ASCONSTN,UCTED AND IN PI.J\CE, XORTE OP TET SENTERI.INE OE CI,?TLE CREEX, EAST OT TI{EElslERr'Y Rrs,r oF IvAy or corJoxrDo srATE Hrc'rry $aa rND wEs? op rEAr rR^qrDBSCRTEED rr{ Boox 575 AT p.tcE 659 OF TS' nrconDs op c iFrELD COUNTT, COLOR.TDO,SaID pt-RCEL BErNc IIOBE pAxtrcULARLy DESCRTEED * "OOOOrrr---
'
BECINXINC AT ', POINS WHA*E rHE gO.'IttERLY NrOEr OF rrY Or COr'In'rY ROAD S113TMTBRSECAS T'.E WEST LINE Or TEIT TNACS AS D'SCNrIED IN BOOK 576 Ar P}GE 659 OFTHE RECORDS Or SI'ID COUNTY, SAID P.,,flr Or EEGINNING BErNG A f5 *EEIR WrTEElttsrrc crp p'rr.s. *22s,o, r?ou IsHrcE rrrE sourflElsr eoRNsR oF s.arD sEsrroN 7BB.I,RS NOR!II 72 DEGBEAS 2],01X EA.sr A DTSTAI|CE OF 199,35 PEET, SAID SOUUIE,ASTCORNER OP S'.ID SEC:ION 7 DEI}TG A STINDARD }TOIIUMSNXT
"",' CA*"ELD COI'IIrY, !HEN
^LoNC SArD WEA? L,NE OD rRrcr sou:rtr oo DEOREES ,'ro.n wEst e r-sae,,c, op 197.51FEEI IO INTERSECT TSr CENTERTJ]:I{E OF CATTI.E CREEf,, S}ID
""",i C,*"*,rNE EEINGLOCTTED BY SURVEY }.PnIL 27, 1992, TIIEN.I,IJONG SArD CREEI( CENfERTINE AArPOLLOWTI'Gg t0 cotRsEs,
NORTH 49 DEGREES 5',I7N WESI .}. DISTTNCE OP 9?.70 AEET;NORTH 5{ DEGLIES 25r{ax wEsT ', oa"r rc" oF 20.66, FAEr,NoRTE 0A DEGREES .(Ar2Zx EAST .1 DISTAI|CE OF {8.12 FEETINORIH 55 DEGREES {6,19' wtsr } DISTANC! or 48.?9 rEEt,sourlf 7{ DEGREES {5,23x wBsr
^ ,r"roxcr oF 55.3{ FEET;NORTI{ d5 DEGREES 26I].9X T{T3T .t DTSTANCE Or 50.05 P8EX,[oRrrr 08 DaorEEs 05.{sn E}s:r
^ ,rire"cr oF 7{.01 pEEr,NOnTg 57 DECRBES 39r58tr wEsT r ,r*rnr", oF 21.63 FEEtrNoRaE rz DE.R,E' 16,3a, wr,? ^ "isr*"i o, ,3.s2 ,rET,N.RTH t9 DEcREls {0,08' &f,sr
^
pritec" 0R 5{.07 rEET;NoErH 30 DE.REE. 2c,re, wrsr " ,ia;;;; pr s1.j7 pEET,sour' 86 DEcErEs 23,25D n,sr A ;ffiffi; oF jB.{2 rtsET,souTE 76 DEGREES 1g,3r,, ,nrar n or"r^*", o, 13e.1s FEET,.sortr, El DrcnEEs i1 ,1{' rrEsa ^ ;;;;; oF 3!.22 FEE",NoRTs Es DEcnEEs srrlon ,Esr o ,i"*^il op 5r..86 ,EETINoRTx 07 DEoRrrs r.2.{6. Era . ;;;;;;; o, 7e,2{ FEEr,sou"n ?3 DEGREES 12,42i wEsr " ;;;r;;; op 83.91 pEEr;Nonrs g3 DEcREas {{rz., wrsr " ;;;;;;; o" ,r.r, ,r"r,NoRrH 5e DE.EEES rr.sz. rrii ; ;;;ilil i" nr.ru ""rr,sour' 7e DE.REES 1ll19: rysr ^ ,;;;;;; o" ,r.r, ".rr,sours rs DEcRErs .1111, *rii;;;;;;H i, ,r.ru "rr.,:3Y* i: ;;:xffi i1l?:: -i"' ^ ";;;;;; l' "'"' "'"''sornH 82 ,"c"""" ;ij;ir .Eii i;#il:: r *:j: *JjsouTlr {a DEGREES 2G,{2i wEsr ; ;;;;;;; J, ,..u, ,"r.,N.RTH 66 DEcxEEs uo,ro" ,0r", ; ;ilffi; J, ,r.r, ,"..,NoRrq 3{ DEcnEEs sl,25x wEsT " ;;;;;; i, .r.r, ,rrr,Nonr' s{ DacREss rz,or" ,esr ; ;;;;;;"- f" .u.r, ,."r,ISHI 3 ff:xffi ,'i111: ""' ; ;;;;ffi; rl "''o '"',,souu, 81 ,,"*"," ;ijiil dii i i$ilff 3x;j:jj ffffjsour, 65 DE.REE' se j:9: r{Esr ;;;;ild Ji ,u.r, ""*r,ffix# ;i #:ffi :::l:: P* " ;;;;;; ri "''o """'NonxH or DEcnEls ,,i1:: 3"t A DrsrrNcE or {2-?3 rE&r,sourx 82 DEGREES ..::l: *"'A DrsrANcB oF
NoRrH {? DBcRErs ,r:::-' "t"' ^ ;;;;;;; vr 115'53 PEErr
NoRrrr B? DEGREES ,r:::: Y"t ^ ;;;;;; vr eo'53 !EEr;
NoRrlr 6s ,';;;;; Jrli;: ;"-;; t iffifr;: f llj,f *t;
6c6f00l 122
roro 674 ExlilBrIAt.O Ot/1ttrj,(5t2E6rJ)
EXHIBIT A
llll tlt t0:11ff1,!ll{,!{fi ,ltl,l'lltulf iuh'ifl hl' ll{'l ll ll I
[q lt?li3"i]:,%il1[",:. l::', :, 83'toi;i8..3' 33[i,iv *
EXHIBIT A
NORTH 87 DECR.EES 23I{7i WEST A DISTANCE OP 50.3? PEE' TO rN?ENSBC':rHE EAS?ERLYRrcH" oF wAv oF coLoR.ADo srATE BrclMAy NUMBER 82, THEN ArroNG sArD EA'TERIJ,RreHT OF WAy THE FOLLOWING TWO COURSES.339.91 ,EET ALONG THE ARC OP A CURYE ?O THE NICHT, IIAVINC A RADIUS OP 11320.00PEEA, }' CEN?RAL IXGLE OF 01 DEGREES I[3'1{I AND A LONC O'ORD WITICH tsEARS NON,,I05 DECREES 53I33N I{EST ^tr, DISTANCT OP 339.'0 FEET;
NORTH 05 DEGREES O2'39r WEST .t DISTANCE Op 117.23 }EEA;TEEN DrpARrrNc sArD EASTERLY nrcar or wAy NoR?H 90 DECREES o0,oon Ersr ADrsrANcE oF 8{'{3 FEET To rNTERsEcr rEE sourEERLy RreHT oF wAy op sIrD GARrrEr,DcoTJN?Y RoA.D NU}IBER 113,
TIIEN 'f,LoNc sArD sorxr'ERr,y RrcH" oF wAy rHE FoLrroI{rNG T,{ELVE couRSES;].34.72
'EET }LONC .,HE ARC OP }, CURVE ,o
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P.I'RCEI. I,
IIIDLI,ND EXE}{PTTON
COUNTY Or GARTIELD,ST}TE Or COLORADO
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@41'1012@17 'l 1:22:16 AII Jean AlbericoI of 1 Rec Fee:$13,@0 Doc F€e:@.@@ GFRFIELD COUNTY C0
OF AUTHORIW
:i':x?*l:":ns' 538-30-172, the undersigned executes this statement of Authority on behatf ofJ&SProperties,LLC
a Colorado limited liability company (corporation, limited
i rtjf"if *,r
- i til*-l **,
*#PYGarfield Coun
STATEMENT
1ilHTff,Tjllr:13li.,rj.,:1"",:l':.*:d,:;;ilil;ll-.,i,,'il,i;,T::fi::i:THil":ill".,than an individual, capabte of hotding inr" irl".l pr"r*;i*::r"*_/; jffi:rffi::?;il,,il
The
and
The
name of the Entity is lls properries, LLC
is formed under the laws of Cotorado
mailing address for the Entity is I o'B*1323, Carbondale, CO 91623
The name and/or position
otherwise affecting title to
of the person authorized to execute instruments conveying, encumbering, orreal property on behalf of the Entity i5 Scott Fenske
The limitations upon
to bind the Entity are
the authority of the person named
as follows (if no limitations, insert
above or holding the position described above
"None"): none
Other matters concerning the manner in which
no other matter, leave this section blank):
the Entity deals with any interest in real property are (if
Name (firiritedl, l)'ae,r/ 7ffi
Title (if any): *f
EXECUTED this lO e day of Aprir
Signature:
The foregoing instrument was acknowledged
by Scott Fenske
Colorado limited liabitity company
before me this
on behalf of
Witness my hand and official seal.
My commission expires: ,i
l}f ennhet &),
, r].llU'"dav 6f Aprit 1^
J&SProperties.LLC
20 17
STATE OF coLoRApo )
)SS.
COIINTY OF GARFIEI D r
17
,a
JULIE S, HANSON
ilISTARY PUELIC
STAYE OF COLORADO
$orARY lD 20064034S32
COMMISSION EXPIRES SEPT. 30, 2018
[SEALJ
(oate) ZDtb (Notary Public)