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Home My WebLink About1.0 Application & Supplemental InformationPreface Soil surveys contain information that affects land use planning in survey areas. They highlight soil limitations that affect various land uses and provide information about the properties of the soils in the survey areas. Soil surveys are designed for many different users, including farmers, ranchers, foresters, agronomists, urban planners, community officials, engineers, developers, builders, and home buyers. Also, conservationists, teachers, students, and specialists in recreation, waste disposal, and pollution control can use the surveys to help them understand, protect, or enhance the environment. Various land use regulations of Federal, State, and local governments may impose special restrictions on land use or land treatment. Soil surveys identify soil properties that are used in making various land use or land treatment decisions. The information is intended to help the land users identify and reduce the effects of soil limitations on various land uses. The landowner or user is responsible for identifying and complying with existing laws and regulations. Although soil survey information can be used for general farm, local, and wider area planning, onsite investigation is needed to supplement this information in some cases. Examples include soil quality assessments (http://soils.usda.gov/sqi/) and certain conservation and engineering applications. For more detailed information, contact your local USDA Service Center (http://offices.sc.egov.usda.gov/locator/app? agency=nrcs) or your NRCS State Soil Scientist (http://soils.usda.gov/contact/ state_offices/). Great differences in soil properties can occur within short distances. Some soils are seasonally wet or subject to flooding. Some are too unstable to be used as a foundation for buildings or roads. Clayey or wet soils are poorly suited to use as septic tank absorption fields. A high water table makes a soil poorly suited to basements or underground installations. The National Cooperative Soil Survey is a joint effort of the United States Department of Agriculture and other Federal agencies, State agencies including the Agricultural Experiment Stations, and local agencies. The Natural Resources Conservation Service (NRCS) has leadership for the Federal part of the National Cooperative Soil Survey. Information about soils is updated periodically. Updated information is available through the NRCS Soil Data Mart Web site or the NRCS Web Soil Survey. The Soil Data Mart is the data storage site for the official soil survey information. The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or a part of an individual's income is derived from any public assistance program. (Not all prohibited bases apply to all programs.) Persons with disabilities who require alternative means 2 for communication of program information (Braille, large print, audiotape, etc.) should contact USDA's TARGET Center at (202) 720-2600 (voice and TDD). To file a complaint of discrimination, write to USDA, Director, Office of Civil Rights, 1400 Independence Avenue, S.W., Washington, D.C. 20250-9410 or call (800) 795-3272 (voice) or (202) 720-6382 (TDD). USDA is an equal opportunity provider and employer. 3 Contents Preface 2 Soil Map 5 Soil Map 6 Legend 7 Map Unit Legend 8 Map Unit Descriptions 8 Rifle Area, Colorado, Parts of Garfield and Mesa Counties 10 47—Nihill channery loam, 6 to 25 percent slopes 10 4 Soil Map The soil map section includes the soil map for the defined area of interest, a list of soil map units on the map and extent of each map unit, and cartographic symbols displayed on the map. Also presented are various metadata about data used to produce the map, and a description of each soil map unit. 5 10 to to 000z9£17 0592926 009Z9f6 OSLZ9E6 00029E6 05929£6 CO 00629£6 059Z9E6 009Z9E6 OSLZ9E6 00LZ9f6 059Z9Eb Custom Soil Resource Report MAP INFORMATION MAP LEGEND Map Scale: 1:2,190 if printed on A size (8.5" x 11") sheet. Very Stony Spot N The soil surveys that comprise your AOl were mapped at 1:24,000. d O 0 N E N NO C ? N laN 8 N a N N O 16 0N O U U o o 2 ? >. 0 y m N = Z N O y Z Q E ❑ .o Z 0 0 cn N .0 c 0 co V N v N N = 3 c 0 o N aN E o o— u m D a) 9 N d N N J NN K a ZD E c _ N 0 C O Z w> N ICI p .E=too�o N O o o N 0 n co co o a o wa) LaE 0 0 ESc 0 5 O m U J LL N aO R N Rifle Area, Colorado, Parts of Garfield and Mesa Version 6, Mar 25, 2008 Streams and Ca 0) 2 L N0 a 0 C_ LA c rn E 0) Y d o o E \ N 0 o ;-1 O O N L E E O w � c o Q 0 ' E 0 N E a E 0 N N m E m n N m 0 n m E LO 5 C N N O 0 O to N C 0 t > 0 C nn L C ce n 20 L 2 o °) Z n O n 0 N N E E HE`N Date(s) aerial images were photographed: N v 'O da a o W N 2 ii 3 o N C 2 O O N m '3 m m 0 U 0 U' R A '. J ® X . K 0 0 LL J Marsh or swamp Mine or Quarry Miscellaneous Water O N .0 Q O OW - O v N' v— ` U¢ m N O _ Ti tk; O O a CO CO In h y w h 5t ©J OO > + 111 o 42, t{ tic t7 Custom Soil Resource Report Map Unit Legend Rifle Area, Colorado, Parts of Garfield and Mesa Counties (C0683). Map Unit Symbol Map Unit Name Acres in AOI Percent of AOl 47 Nihill charmer/ loam, 6 to 25 percent slopes Totals for Area of Interest Map Unit Descriptions 8.8 8.8 100.0% The map units delineated on the detailed soil maps in a soil survey represent the soils or miscellaneous areas in the survey area. The map unit descriptions, along with the maps, can be used to determine the composition and properties of a unit. A map unit delineation on a soil map represents an area dominated by one or more major kinds of soil or miscellaneous areas. A map unit is identified and named according to the taxonomic classification of the dominant soils. Within a taxonomic class there are precisely defined limits for the properties of the soils. On the landscape, however, the soils are natural phenomena, and they have the characteristic variability of all natural phenomena. Thus, the range of some observed properties may extend beyond the limits defined for a taxonomic class. Areas of soils of a single taxonomic class rarely, if ever, can be mapped without including areas of other taxonomic classes. Consequently, every map unit is made up of the soils or miscellaneous areas for which it is named and some minor components that belong to taxonomic classes other than those of the major soils. Most minor soils have properties similar to those of the dominant soil or soils in the map unit, and thus they do not affect use and management. These are called noncontrasting, or similar, components. They may or may not be mentioned in a particular map unit description. Other minor components, however, have properties and behavioral characteristics divergent enough to affect use or to require different management. These are called contrasting, or dissimilar, components. They generally are in small areas and could not be mapped separately because of the scale used. Some small areas of strongly contrasting soils or miscellaneous areas are identified by a special symbol on the maps. If included in the database for a given area, the contrasting minor components are identified in the map unit descriptions along with some characteristics of each. A few areas of minor components may not have been observed, and consequently they are not mentioned in the descriptions, especially where the pattern was so complex that it was impractical to make enough observations to identify all the soils and miscellaneous areas on the landscape. The presence of minor components in a map unit in no way diminishes the usefulness or accuracy of the data. The objective of mapping is not to delineate pure taxonomic classes but rather to separate the landscape into landforms or landform segments that have similar use and management requirements. The delineation of such segments on the map provides sufficient information for the development of resource plans. If intensive use of small areas is planned, however, onsite investigation is needed to define and locate the soils and miscellaneous areas. 8 100.0 Custom Soil Resource Report An identifying symbol precedes the map unit name in the map unit descriptions. Each description includes general facts about the unit and gives important soil properties and qualities. Soils that have profiles that are almost alike make up a soil series. Except for differences in texture of the surface layer, all the soils of a series have major horizons that are similar in composition, thickness, and arrangement. Soils of one series can differ in texture of the surface layer, slope, stoniness, salinity, degree of erosion, and other characteristics that affect their use. On the basis of such differences, a soil series is divided into soil phases. Most of the areas shown on the detailed soil maps are phases of soil series. The name of a soil phase commonly indicates a feature that affects use or management. For example, Alpha silt loam, 0 to 2 percent slopes, is a phase of the Alpha series. Some map units are made up of two or more major soils or miscellaneous areas. These map units are complexes, associations, or undifferentiated groups. A complex consists of two or more soils or miscellaneous areas in such an intricate pattern or in such small areas that they cannot be shown separately on the maps. The pattern and proportion of the soils or miscellaneous areas are somewhat similar in all areas. Alpha -Beta complex, 0 to 6 percent slopes, is an example. An association is made up of two or more geographically associated soils or miscellaneous areas that are shown as one unit on the maps. Because of present or anticipated uses of the map units in the survey area, it was not considered practical or necessary to map the soils or miscellaneous areas separately. The pattern and relative proportion of the soils or miscellaneous areas are somewhat similar. Alpha - Beta association, 0 to 2 percent slopes, is an example. An undifferentiated group is made up of two or more soils or miscellaneous areas that could be mapped individually but are mapped as one unit because similar interpretations can be made for use and management. The pattern and proportion of the soils or miscellaneous areas in a mapped area are not uniform. An area can be made up of only one of the major soils or miscellaneous areas, or it can be made up of all of them. Alpha and Beta soils, 0 to 2 percent slopes, is an example. Some surveys include miscellaneous areas. Such areas have little or no soil material and support little or no vegetation. Rock outcrop is an example. 9 Custom Soil Resource Report Rifle Area, Colorado, Parts of Garfield and Mesa Counties 47—Nihill channery loam, 6 to 25 percent slopes Map Unit Setting Elevation: 5,000 to 6,500 feet Map Unit Composition Nihill and similar soils: 85 percent Description of Nihill Setting Landform: Valley sides, alluvial fans Down-slope shape: Convex, linear Across -slope shape: Convex, linear Parent material: Alluvium derived from sandstone and shale Properties and qualities Slope: 6 to 25 percent Depth to restrictive feature: More than 80 inches Drainage class: Well drained Capacity of the most limiting layer to transmit water(Ksat): Moderately high to high (0.60 to 6.00 in/hr) Depth to water table: More than 80 inches Frequency of flooding: None Frequency of ponding: None Calcium carbonate, maximum content: 15 percent Gypsum, maximum content: 1 percent Maximum salinity: Nonsaline to very slightly saline (0.0 to 4.0 mmhos/cm) Available water capacity: Low (about 3.6 inches) Interpretive groups Land capability (nonirrigated): 6e Ecological site: Rolling Loam (R048AY298C0) Typical profile 0 to 11 inches: Channery loam 11 to 18 inches: Very channery loam 18 to 60 inches: Stratified extremely channery sandy loam to extremely channery loam 10 REFERRAL FORM Garfield County Building and Planning Department 108 8th Street, Suite 401, Glenwood Springs, CO 81601 (9701945-8212/Fax: (9701384-3470 Date Sent: July 19, 2010 Return Requested: August 9, 2010 File Number/Name(s) Project Name(s) Type of Application(s) LIPA6359 5 -Mile Ranch Storage Yard Limited Impact Staff Planner: Kathy Eastley (keastlev( garfield-countv.com) Phone: 970-945-8212 Sheriff's Dept Applicant: BHH Partners for Specialty Restaurants Phone: Contact Person: Yvonne Bryant Phone: 970-453-6880 Location: Highway 6 — 2.8 miles west of County Road 300 Summary of Request: Permit an existing 8.6 -acre storage yard (allowed as a staging area for construction of the Collbran Pipeline) to continue use upon completion of pipeline construction. The Garfield County Planning Department has received a land use request as referenced above. Your comments are an important part of the evaluation process. In order to review all appropriate agency comments and incorporate them into the Staff Report, we request your response by Friday August 9th. GARFIELD COUNTY Office or Division OTHER Number or Detail Attorney X (CD) Engineering (MOUNTAIN CROSS, Chris Hale X (paper, unbound) Sheriff's Dept X. (paper, unbound) Board of County Commissioners 5 (paper, bound) Planner X (paper, bound and CD) Environmental Health X (CD) Vegetation Manager X (CD) Public X (paper, bound) COLORADO STATE LOCAL/FED GOVT ENTITIES CDOT — Dan Roussin X (CD) Mesa County X (CD) CDPHE — AQCD X (CD) Wildlife Division (GJ Office) X (CD) DISTRICTS/SERVICES Fire District — Grand Valley X (CD) KdiA/rocd s/g 1 v\f,,vt 110 cowt,/,-(- Mineral Owners as reflected in certain Oil and Gas Leases recorded from 1980 to March 1, 2010. The First National Bank in Grand Junction, N.A., Successor Trustee under the Last Will and Testament of Orville V. Mahaffey, aka Orville Mahaffey, deceased P,0, Box 608 Grand Junction, CO 81502 The First National Bank in Grand Junction, N.R., Trustee for Alice Louise Mahaffey P.O. Box 608 Grand Junction, CO 81502 N.A. Dodge Company, Limited, a Limited Partnership 8701 Dodge Road Omaha, NE 68114 Clara Ferguson 830 West Grand Canyon City, CO 81212 W. F. Clough aka William F. Clough (now Clough Sheep Company, LLC) P.O. Box 686 Rifle, CO 81650 Carl Giem Micanite Rt. Canyon City, CO 81212 Donald Lawrence P.O. Box 1141 Boise City, OK 73933 Charlotte Lawrence 1322 E. 18th Street Cheyenne, WY 82001 Ralph Giem 624 S. 10th Canyon City, CO 81212 Freda Webb 3063 S. Sherrelwood Drive Canyon City, CO 81212 Laura Nash 1224 Harrison Canyon City, CO 81212 Owner's within 200 feet of attached Parcel Parcel # Owner Mailing Address 2409 314 00 135 Williams Production RMT Company c/o K. E. Andrew & Company 1900 Defrock Road Rowlett, TX 75088 2447 062 00 069 Catherine A. Cera and Robert O'Hara P.O. Box 276 Parachute, CO 81635 2447 042 00 054 M. Carter Jolley, Jr. P.O. Box 284 Glenwood Springs, CO 81602 2447 043 00 053 Steven W. Keinath and Sherry L. Keinath P.O. Box 5628 Minneapolis, MN 55440-5628 2447 082 00 010 United States of America 2447 072 00 951 Bureau of Land Management 50629 Highway 6 & 24 Glenwood Springs, CO 81601 PLANNERS / ARCHITECTS MEMORANDUM TO: Kathy Eastley, AICP FROM: Yvonne C. Bryant DATE: August 24, 2010 PROJECT: 5 -Mile Ranch — Storage Yard SUBJECT: LIPA6359 Limited Impact Review: Agency Comment Responses July 22, 2010: Mesa County Planning and Economic Development - Cathy Blazer, Planner • Existing storage yard, would like to continue the temporary use indefinitely, was any time limit discuss? The current tenant has a lease through Jure of 2011. Once the lease is up, the applicant would like to continue use of the yard for rural uses and possibly additional storage uses as defined under this application and within compliance with the CDOT Access permit #309083. • Volumes warranted a deceleration lane, waived by CDOT since it was a temporary use. It would seem that they will need to build the turn lane instead of using flaggers, since the use will continue indefinitely. The applicant submitted a revised Traffic Study to CDOT an June 5, 2010 as shown in Exhibit 13 of the revised application dated June 22, 2010. Dan Roussin, CDOT Region 3 Permit Unit Manager, responded to Garfield County Staff on August 17, 2010 indicating the proposed use of the existing Access Permit #309083 appears acceptable. July 22, 2010: Garfield County Public Health — Jim Rada, Environmental Health Manager Thank you for reviewing the application Jim. There is not a pori -let on the site at present. The Applicant understands that a port -let isn't required, but he would be willing to have his Owner's Representative review this further with you at your convenience to discuss options for future tenant contracts. July 27, 2010: Garfield County Project Engineer office — Betsy Suerth "I have spoken with Dan Roussin with CDOT about this application. He will be emailing you their official response. The applicant holds an access permit #309083 allowing a Design Hourly Volume (DHV) of 20. The site is anticipated to receive 16 DHV and will therefore not exceed the allowable DHV. It should be noted that the access is conditional upon the 20 DHV and the stated use of a construction storage yard. Should any of these conditions change, including the traffic nature, a new access permit application is required by CDOT. The applicant has also stated that they will obtain a separate, temporary permit for large shipments of pipe and construction supplies and in the case of additional traffic exceeding the 20 DHV. This should be a condition of County approval. The County should also expect that the condition of the access be kept in good repair and any drainage culverts be maintained for proper flow and drainage." As noted above, Dan Roussin, CDOT Region 3 Permit Unit Manager, responded to Garfield County Staff on August 17, 2010 indicating the proposed use of the existing Access Permit #309083 appears acceptable. He further notes that as long as the applicant doesn't increase volume for this access above 20% of the approved 20 DHV, then no new access permit will be required. The applicant understands that the access must be kept in good repair and that any drainage culverts are to be maintained for proper flow and drainage. The current tenant has retained the services of Aspen Environmental Field Services, LLC to perform monthly tests. P.O. BOX 931 / 160 E. ADAMS AVE. / BRECKENRIDGE, CO 80424 / 970.453.6880 PH / 970.453.6888 FX P.O. BOX 21 13 / 560 E. ADAMS AVE. / SILVERTHORNE, CO 80498 / 970.513.1000 PH / 513.0155 FX www.bhhpartners.coii August 9, 2010: Mountain Cross Engineering — Chris Hale, PE 1. The applicant does not discuss if storm flows exceed historic rates and if the detention and treatment of runoff is necessary per Section 7-207.C_ See the attached response frond Aspen Eiiviroiir(lei ital Field Services dated August 19, 2010. 2. The applicant states the property is separated from the Colorado River by adjacent lands but does not show a delineation of its flood plain or floodway. The Application should also mention if the adjacent drainages have associated flood delineations per Section 4-502.D.8. Se:e attached Flood Plain Study Map C-80 dated July 1987. The hood plain is at elevations 4958-4962 as indicated by the Flood Plain Map and is located south of the railroad. The storage yard is located north of the railroad and has an elevation of 5050 as noted on the DRG Griffin & Associates revised Improvement Survey dated April 27, 2010 in Exhibit 13. The site is approximately 2100 linear feet from the Colorado River. 3. The Application does not include any existing soil information. It does state that no ISDS is proposed and percolation results are not necessary but the existing soils should be addressed per Section 4-502.D.9. See the attached response from Aspen Environmental Field Services dated August 19, 2010 and Custom Soil Resource Report. END OF MEMORANDUM Cc: Dennis Stahl, Toby Guccini, Alex Lopez, Phil Vaughan, Kari McDowell, file ASPEN ENVIRONMENTAL FIELD SERvicEs, LLC Project Compliance hlanawnein - Permitting - Site Re tarauan Thursday, August 19, 2010 Ms. Kathy Eastley Garfield County Planning 108 8th Street, Suite 401 Glenwood Springs, CO 81601 RE: Review 5 -Mile Ranch Storage Yard Application: LIPA 6359 Dear Ms. Eastley: This letter is written in response to the review of LIPA 6359 conducted by Mountain Cross Engineering, Inc. Specifically this letter addresses Item #1 and #3 listed in the letter generated by Mountain Cross Engineering, addressed to you, and dated August 9th, 2010. 1. The Application does not discuss if storm flows exceed historic rates and if the detention and treatment of runoff is necessary per Section 7-207.C. Individual topics contained in Section 7-207.0 are addressed below: Section 7-207.C.1: The 5 -Mile Ranch Storage Yard was designed to prevent erosion and retain sediment through the use of earthen berms, containment trenches, rock checks, sediment traps, rock aprons, and surface gravel. These Best Management Practices (BMPs) allow stormwater to be captured, filtered, and discharged in a manner that protects water quality and does not measurably increase pre - development peak discharge rates. Earthen berms have been constructed on the east, west, and southern edges of the facility which allows the entire 8.6 acre yard to operate as a low pressure, high capacity, detention facility. The yard is able to retain approximately two inches of water over the entire 8.6 acre yard before water will begin to exit the yard through a rock apron located in the southwest corner of the yard. The facility is positioned such that only one intermittent drainage passes through the facility. This drainage is located on the west side of the facility and is allowed to flow uninterrupted by the facility with the installation of a 48 -inch diameter corrugated metal pipe. The project did not develop the yard within this drainage, but a road was constructed over the culvert to access the yard. The frontage road located immediately north of the facility minimizes the amount of off-site, surface flow that can intersect the facility. This retention capacity, in conjunction with, natural absorbing capabilities throughout the yard, multiple discharge points, anticipated historic precipitation amounts, and the lack of off-site surface flow provides excellent sediment control without focused stormwater discharge. No measurable increase to the 2 -year and 25 -year return frequency, 24 hour storm duration has resulted in the construction of the 5 -Mile Ranch Storage Facility. Section 7-207.C.2: The facility does not impound stormwater in the amounts required to potentially cause harm to life or property downstream. No dwellings or public facilities are located between the yard and the Colorado River, located approximately 3,000 feet to the south. A railroad track is located approximately 2,000 feet south of the yard, but the yard's retention capacities are not sufficient to pose a risk even in the event of detention failure. Section 7-207.C.3: All discharge points associated with the 5 -Mile Ranch Storage Yard are protected with rock aprons to prevent scouring as a result of the release of stormwater. Section 7-207.C.4: The yard is designed to allow the majority of collected stormwater to absorb into the ground in all cases other than precipitation events greater than one inch per 24 hours. The yard is not used heavily by vehicles or equipment. The yard is inspected monthly for the presence of spilled contaminants. Any contaminants identified are immediately cleaned up and removed from the facility for proper disposal. Section 7-207.C.5: The only culvert install in association with the 5 -Mile Ranch Storage Yard is located in the intermittent drainage on the west side of the yard. This culvert is 48 inches in diameter which easily allows over 100 cubic feet per second (cfs) to pass. Anticipated flows through this intermittent drainage are estimated to be no more than 50 cfs even in the largest of precipitation events. Section 7-207.C.6: Enterprise Gas Processing LLC (Enterprise) has contracted with Aspen Environmental Field Services, LLC (Aspen) to conduct stormwater inspections for the 5 -Mile Ranch Storage Yard. Inspections are conducted on a monthly interval in accordance with CDPS Permit# C0R03D552. Monthly stormwater inspections include the inspection of all stormwater Best Management Practices (BMP) including all on-site detention facilities. New construction has recently occurred immediately south of the 5 -Mile Ranch Storage Yard. This construction is not associated with Enterprise or Aspen. The boundary of the 5 -Mile Ranch Storage Yard is approximately 10 feet south of the permanent fence. The new construction is located between the 5 - Mile Storage Yard and the ultimate receiving waters, the Colorado River. 3. The Application does not include any existing soil information. It does state that no ISDS is proposed and percolation results are not necessary but the determination of existing soils should be addressed, per Section 4-502.D.9. A report from the Natural Resources Conservation Service (NRCS) custom soil report generation process was prepared for the 5 -Mile Ranch Storage Yard. This report indicates that the yard is comprised entirely of one soil type, Nihill channery loam, 6 to 25 percent slopes. As it specifically relates to Section 4-502.9, Nihill channery loam, 6 to 25 percent slopes is characterized as follows: Depth to Restrictive Feature: More than 80 inches Drainage Class: Well drained Depth to Water Table: More than 80 inches Frequency of Flooding: None Frequency of Ponding: None I hope the information provided has fully addressed the issues identified by Mountain Cross Engineering as it pertains to LIPA 6359. Sincerely, l (Lois., Mark Carlson Senior Manager Aspen Environmental Field Services, LLC USDA Uni ed States Department of Agriculture 4 \SCS Natural Resources Conservation Service A product of the National Cooperative Soil Survey, a joint effort of the United States Department of Agriculture and other Federal agencies, State agencies including the Agricultural Experiment Stations, and local participants Custom Soil Resource Report for Rifle Area, Colorado, Parts of Garfield and Mesa Counties 5 -Mile Ranch Storage Yard August 19, 2010 Preface Soil surveys contain information that affects land use planning in survey areas. They highlight soil limitations that affect various land uses and provide information about the properties of the soils in the survey areas. Soil surveys are designed for many different users, including farmers, ranchers, foresters, agronomists, urban planners, community officials, engineers, developers, builders, and home buyers. Also, conservationists, teachers, students, and specialists in recreation, waste disposal, and pollution control can use the surveys to help them understand, protect, or enhance the environment. Various land use regulations of Federal, State, and local governments may impose special restrictions on land use or land treatment. Soil surveys identify soil properties that are used in making various land use or land treatment decisions. The information is intended to help the land users identify and reduce the effects of soil limitations on various land uses. The landowner or user is responsible for identifying and complying with existing laws and regulations. Although soil survey information can be used for general farm, local, and wider area planning, onsite investigation is needed to supplement this information in some cases. Examples include soil quality assessments (http://soils.usda.gov/sqi/) and certain conservation and engineering applications. For more detailed information, contact your local USDA Service Center (http://offices.sc.egov.usda.gov/locator/app? agency=nres) or your NRCS State Soil Scientist (http://soils.usda.gov/contact/ state_offices/). Great differences in soil properties can occur within short distances. Some soils are seasonally wet or subject to flooding. Some are too unstable to be used as a foundation for buildings or roads. Clayey or wet soils are poorly suited to use as septic tank absorption fields. A high water table makes a soil poorly suited to basements or underground installations. The National Cooperative Soil Survey is a joint effort of the United States Department of Agriculture and other Federal agencies, State agencies including the Agricultural Experiment Stations, and local agencies. The Natural Resources Conservation Service (NRCS) has leadership for the Federal part of the National Cooperative Soil Survey. Information about soils is updated periodically. Updated information is available through the NRCS Soil Data Mart Web site or the NRCS Web Soil Survey. The Soil Data Mart is the data storage site for the official soil survey information. The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or a part of an individual's income is derived from any public assistance program. (Not all prohibited bases apply to all programs.) Persons with disabilities who require alternative means 2 for communication of program information (Braille, large print, audiotape, etc.) should contact USDA's TARGET Center at (202) 720-2600 (voice and TDD). To file a complaint of discrimination, write to USDA, Director, Office of Civil Rights, 1400 Independence Avenue, S.W., Washington, D.C. 20250-9410 or call (800) 795-3272 (voice) or (202) 720-6382 (TDD). USDA is an equal opportunity provider and employer. 3 Contents Preface 2 Soil Map 5 Soil Map 6 Legend 7 Map Unit Legend 8 Map Unit Descriptions 8 Rifle Area, Colorado, Parts of Garfield and Mesa Counties 10 47—Nihill channery loam, 6 to 25 percent slopes 10 4 Soil Map The soil map section includes the soil map for the defined area of interest, a list of soil map units on the map and extent of each map unit, and cartographic symbols displayed on the map. Also presented are various metadata about data used to produce the map, and a description of each soil map unit. 5 006Z9E4 O5RZ9£4 008Z9f4 O5/Z9E4 OOLZ9fb 099Z9E4 E O N 3 U LO <73 co 006Z9E4 OSRZ9£4 008Z9E4 05(2994 00LZ9fb 05929E4 co 745650 745700 Map Scale: 1'2,190 if printed on A size (5. 0 30 60 0 100 200 o o o o .ctz r Q Custom Soil Resource Report MAP INFORMATION MAP LEGEND Map Scale: 1:2,190 if printed. on A size (8.5" x 11") sheet. Very Stony Spot The soil surveys that comprise your AOI were mapped at 1:24,000. «20 ccia as m8 0 \\, / 5z § 2aN 0 To Is &E w0 00? Soil Map Units Special Point Features Short Steep Slope To 0 o -20 co Rifle Area, Colorado, Parts of Garfield and Mesa Version 6, Mar 25, 2008 co c - CO 0. CL 30. co 0 Date(s) aerial images were photographed: Marsh or swamp Interstate High co 6-° ica H E16'1 Miscellaneous Water Perennial Water Rock Outcrop to Severely Eroded Spot £*#> •.<l«,*>wxl,a*me Custom Soil Resource Report Map Unit Legend Rifle Area, Colorado, Parts. of Garfield and Mesa Counties (C0683) Map Unit. Symbol Map Unit Name Acres in AOI Percent of AOI 47 Totals for Area of Interest Nihil) channery loam, 6 to 25 percent slopes Map Unit Descriptions 8.8 8.8 The map units delineated on the detailed soil maps in a soil survey represent the soils or miscellaneous areas in the survey area. The map unit descriptions, along with the maps, can be used to determine the composition and properties of a unit. A map unit delineation on a soil map represents an area dominated by one or more major kinds of soil or miscellaneous areas. A map unit is identified and named according to the taxonomic classification of the dominant soils. Within a taxonomic class there are precisely defined limits for the properties of the soils. On the landscape, however, the soils are natural phenomena, and they have the characteristic variability of all natural phenomena. Thus, the range of some observed properties may extend beyond the limits defined for a taxonomic class. Areas of soils of a single taxonomic class rarely, if ever, can be mapped without including areas of other taxonomic classes. Consequently, every map unit is made up of the soils or miscellaneous areas for which it is named and some minor components that belong to taxonomic classes other than those of the major soils. Most minor soils have properties similar to those of the dominant soil or soils in the map unit, and thus they do not affect use and management. These are called noncontrasting, or similar, components. They may or may not be mentioned in a particular map unit description. Other minor components, however, have properties and behavioral characteristics divergent enough to affect use or to require different management. These are called contrasting, or dissimilar, components. They generally are in small areas and could riot be mapped separately because of the scale used. Some small areas of strongly contrasting soils or miscellaneous areas are identified by a special symbol on the maps. If included in the database for a given area, the contrasting minor components are identified in the map unit descriptions along with some characteristics of each. A few areas of minor components may not have been observed, and consequently they are not mentioned in the descriptions, especially where the pattern was so complex that it was impractical to make enough observations to identify all the soils and miscellaneous areas on the landscape. The presence of minor components in a map unit in no way diminishes the usefulness or accuracy of the data. The objective of mapping is not to delineate pure taxonomic classes but rather to separate the landscape into landforms or landform segments that have similar use and management requirements. The delineation of such segments on the map provides sufficient information for the development of resource plans. If intensive use of small areas is planned, however, onsite investigation is needed to define and locate the soils and miscellaneous areas. 8 100.0% 100.0 Custom Soil Resource Report An identifying symbol precedes the map unit name in the map unit descriptions. Each description includes general facts about the unit and gives important soil properties and qualities. Soils that have profiles that are almost alike make up a soil series. Except for differences in texture of the surface layer, all the soils of a series have major horizons that are similar in composition, thickness, and arrangement. Soils of one series can differ in texture of the surface layer, slope, stoniness, salinity, degree of erosion, and other characteristics that affect their use. On the basis of such differences, a soil series is divided into soil phases. Most of the areas shown on the detailed soil maps are phases of soil series. The name of a soil phase commonly indicates a feature that affects use or management. For example, Alpha silt loam, 0 to 2 percent slopes, is a phase of the Alpha series. Some map units are made up of two or more major soils or miscellaneous areas. These map units are complexes, associations, or undifferentiated groups. A complex consists of two or more soils or miscellaneous areas in such an intricate pattern or in such small areas that they cannot be shown separately on the maps. The pattern and proportion of the soils or miscellaneous areas are somewhat similar in all areas. Alpha -Beta complex, 0 to 6 percent slopes, is an example. An association is made up of two or more geographically associated soils or miscellaneous areas that are shown as one unit on the maps. Because of present or anticipated uses of the map units in the survey area, it was not considered practical or necessary to map the soils or miscellaneous areas separately. The pattern and relative proportion of the soils or miscellaneous areas are somewhat similar. Alpha - Beta association, 0 to 2 percent slopes, is an example.. An undifferentiated group is made up of two or more soils or miscellaneous areas that could be mapped individually but are mapped as one unit because similar interpretations can be made for use and management. The pattern and proportion of the soils or miscellaneous areas in a mapped area are not uniform. An area can be made up of only one of the major soils or miscellaneous areas, or it can be made up of all of them. Alpha and Beta soils, 0 to 2 percent slopes, is an example. Some surveys include miscellaneous areas. Such areas have little or no soil material and support little or no vegetation. Rock outcrop is an example. 9 Custom Soil Resource Report Rifle Area, Colorado, Parts of Garfield and Mesa Counties 47—Nihill channery loam, 6 to 25 percent slopes Map Unit Setting Elevation: 5,000 to 6,500 feet Map Unit Composition Nihill and similar soils: 85 percent Description of Nihill Setting Landform: Valley sides, alluvial fans Down-slope shape: Convex, linear Across -slope shape: Convex, linear Parent material: Alluvium derived from sandstone and shale Properties and qualities Slope: 6 to 25 percent Depth to restrictive feature: More than 80 inches Drainage class: Well drained Capacity of the most limiting layer to transmit water (Ksat): Moderately high to high (0.60 to 6.00 in/hr) Depth to water table: More than 80 inches Frequency of flooding: None Frequency of ponding: None Calcium carbonate, maximum content: 15 percent Gypsum, maximum content: 1 percent Maximum salinity: Nonsaline to very slightly saline (0.0 to 4.0 mmhos/cm) Available water capacity: Low (about 3.6 inches) Interpretive groups Land capability (nonirrigated): 6e Ecological site: Rolling Loam (R048AY298C0) Typical profile 0 to 11 inches: Channery loam 11 to 18 inches: Very channery 'cern 18 to 60 inches: Stratified extremely channery sandy loam to extremely channery loam 10 April 26, 2010 Yvonne Bryant BHH Partners Planner/Architects P.O. Box 931 Breckenridge, CO 80424 ybryant@bhhpartners.com Garfield County BUILDING & PLANNING DEPARTMENT Reference: LIPA6359 Limited Impact Review — 5 -Mile Ranch Storage Yard Dear Ms. Bryant, The Garfield County Building and Planning Department has received the request for a Limited Impact Review to allow for a 8.6 -acre Storage Yard within a 20 -acre lease area on 5 -Mile Ranch. This site was previously permitted and utilized as a temporary "staging area" associated with the construction of the Collbran Pipeline and the intent of this application is to allow a "storage facility". The owner of the property is Specialty Restaurants/Stockton, however the information contained within the application states that the owner of the property is 5 -mile Ranch, LLC - both the deed and the County Assessor records indicate ownership by Specialty Restaurants. Please explain this discrepancy. The property is identified as a 645 -acre site and public notice will be provided to owners within 200' of the boundaries of this site, however the substantive review will be limited to the 8.6 -acre portion of the 21.15 -acre lease area. As we had discussed, it appears that the submitted reports and information are relative to the prior use of two sites to be used for staging area for a pipeline. Thank you for providing the synopsis of information relative to the current application which is for one of the two sites approved through the pipeline review. However, it is important to note that the prior approval to use this site was contingent upon it being short-term in nature — during the life of the pipeline construction. That limited time frame of use no longer applies and the regulatory requirements for a Limited Impact review are very different. Justification for the continuation of the use should not be tied to prior "approval" of the site, nor should standards and criteria of review rely on the fact that it was previously permitted as a staging area related to pipeline construction. Several items have been identified that should be clarified or additional information provided prior to a determination of technical completeness: 1. Site plan issues: a. A metes and bounds description of the 8.6—acre storage yard is required on the site plan. Should the application be approved this site plan will be attached to the resolution. Though this description occurs on the Uintah Engineering drawing contained in Exhibit 7 this description is required on the site plan. 2. Discuss the issue of screening of the site as required by §7-810; 108 Eighth Street, Suite 401 • Glenwood Springs, CO 81601 (970) 945-8212 • (970) 285-7972 • Fax: (970) 384-3470 Kathy A. Eastley From: Roussin, Daniel[Daniel.Roussin@DOT.STATE.CO.US] Sent: Monday, April 05, 2010 11:34 AM To: Kathy A. Eastley Subject: RE: Specialty Restaurant Storage Yard There is a little confusion, because there was actually two permit for this location. One was a temporary access permit (#307041) and the other permit was permanent access permit (#309083). The temporary access permit has expired (03-24-08). The current permit #309083 allows 20 design hourly vehicles (DHV) using this access. If the proposed use exceeds the 20 DHV by more than 20% then a new access permit will be required. I would suggest that they provide a traffic study demonstrating that they are under the 20% of the traffic volume. CDOT would be more than willing to review the traffic study and provide comments to the County. If you have any questions, please let me know. Thanks Dan Roussin Region 3 Traffic From: Kathy A. Eastley [mailto:keastley@garfield-county.com] Sent: Wednesday, March 31, 2010 4:27 PM To: Roussin, Daniel Subject: RE: Specialty Restaurant Storage Yard Yes, permit number is 309083, located at milepost 67.7 on Highway 6. Kathy Eastley, AICP Senior Planner Garfield County Building & Planning 108 8th Street, #401 Glenwood Springs, CO 81601 Phone: 970-945-8212 ext. 1580 Fax: 970-384-3470 keastley@garf ield-county.com From: Roussin, Daniel [mailto:Daniel.Roussin@DOT.STATE.CO.US] Sent: Wednesday, March 31, 2010 4:26 PM To: Kathy A. Eastley Subject: RE: Specialty Restaurant Storage Yard Kathy — I will look into this and get back. So you have the access permit number since there are a lot of Specialty Restaurant access permits in this area? thanks Dan Roussin Region 3 Traffic 1 From: Kathy A. Eastley [mailto:keastley@garfield-county.com] Sent: Wednesday, March 31, 2010 4:23 PM To: Roussin, Daniel Subject: Specialty Restaurant Storage Yard Dan, We've received an application for a storage yard on Highway 6 about 2.8 miles west of County Road 300. I see that they have a Design Waiver Request dated February, 2009 and an access permit was issued in August, 2009. This storage was used as a staging area for pipeline construction, however the pipeline is now complete and they would like to continue use of the site for storage. The request for design waiver specifically said that "The site is not anticipated to continue as a construction staging yard in the future." (McDowell Engineering) Not only are they requesting continuation of the ±8 acre site, they are also requesting to expand to 21 acres. A formal referral will be sent, but I'm looking for historic information and an idea of how CDOT will handle this change given that design waivers were granted. Would you require a new access permit? Thank you! Kathy Eastley, AICP Senior Planner Garfield County Building & Planning 108 8th Street, #401 Glenwood Springs, CO 81601 Phone: 970-945-8212 ext. 1580 Fax: 970-384-3470 keastley@garfield-county.com Cl LAR-' Ci} li rl li}ll'IlP I)'fili. i)i'lllll%1 2 3. How will fugitive dust be mitigated? It is my understanding that the access road off of Highway 6 may require intermittent treatment (water trucks, chemical suppressant, etc); 4. Surface material of the storage area is not discussed in the application other than to say that the parking area is gravel. Is the entire 8.6 -acre site gravel? 5. Are there any employees who would be stationed at the site, or would they be there just to pick-up or drop off? Are there any porta-potties on the site? 6. A 60' access easement is discussed in the narrative please provide a copy of that document. 7. The volume of sound must be demonstrated, was a sound analysis performed for this site? One must be provided that indicates that the noise levels will remain within state guidelines. 8. The standards contained within 7-810 and 7-821 must be addressed — how will you comply with them, rather than a statement that you will comply with them. 9. Will repair and maintenance activity occur on this site? 10. Please provide updated plans in Exhibit 7 to limit the area to the 8.6 acres — otherwise it appears that the storage is proposed to occur on the 21 acre site. These would include the EPCO BMP Placement (I'm assuming that strawbales will only be place on the 8.6 -acres). 11. The McDowell Engineering Traffic Assessment is specific to a "staging area" for a pipeline. Please discuss how this would apply to the current request. An updated assessment will be required if the proposed use as a "storage yard" yields different traffic numbers or patterns. 12. Ownership issues as identified via email to you on April 26, 2010. Just so you are aware, the issuance of a Land Use Change Permit does not necessarily 'replace' the uses by right on a property. Should this application be approved by the BOCC the Permit will be limited to that area described by metes and bounds for the 8.6 -acre site. Please respond to these issues. Once resolved we will request that the submittal be revised to contain the updated and additional information — additional copies will be requested at that time for referral agency review. Feel free to contact me with any questions. | ( § e. e,5. «;q 1 a §J ! G. REV. 4/14/10 5 -mile Ranch —Storage Yard LIMITED IMPACT REVIEW APPLICATION Exhibit 7 - Summary Page 1: The first item in Exhibit 7 is the Improvements survey from DR Griffin & Associates, Inc showing the limits of the 21 -acre lease parcel with the existing —8.6 acre storage yard. As noted within Exhibit 2 summary, the applicant does not intent to expand Yard A at this time. The Storage Yard designation is requested for Yard A. As requested by Staff on 4/12/2010, additional improvement information is being surveyed regarding the road within the 60' access easement, Yard A impervious improvements, and circulation within Yard A. Page 2: This page by Uintah Engineering & Land Surveying demonstrates the road alignment proposed for each of the storage yards within the 21 -acre lease parcel including Yard A. Only the area labeled Yard A between the two drainage channels has been installed to date (this is the region noted by section cut "C"). The applicant does not intend to expand Storage Yard A or the road in the areas designated at Section cuts "D", "E", "F", or "G". It is the applicants understanding that additional drainage and traffic studies will be needed in the future if expansion is requested. Page 3: Sheet 2 of 2 by Uintah Engineering & Land Surveying demonstrates the road cross section and site cross sections as graded and installed on the site. Along Section A, Yard A grading is at approximately Station 3+5 to Station 13+00. As noted above, Section cuts "D", "E", "F", and "G" are not applicable to this application at this time. Page 4: This surface use area and road right-of-way map by Uintah Engineering & Land Surveying is used by the applicant 5 -Mile Ranch LLC (d.b.a. Specialty Restaurants Corporation) in their lease agreements. Page 5: The HRL Compliance Solutions, Inc. map notes areas that wattles and straw bales are used for controlling sediment and drainage across the site before drainage goes out of the lease parcel and into the different ephemeral drainages. Page 6: The final map is the wildfire hazard map for the county. The property is right near the Mesa County note where 1-70 moves into Mesa County. //Z7*�`/�nr� P.O. BOX 931 / 160 E. ADAMS AVE. / BRECKENRIDGE, CO 80424 / 970.453.6880 PH / 970.453.6888 FX P.O. BOX 2113 / 560 E. ADAMS AVE. / SILVERTHORNE, CO 80498 / 970.513.1000 PH / 513.0155 FX www.bhhpartners.com REV. 4/14/10 5 -mile Ranch —Storage Yard LIMITED IMPACT REVIEW APPLICATION Exhibit 8 - Summary The traffic studies by McDowell Engineering, LLC provided within Exhibit 8 deal specifically with the Yard A traffic patterns and conditions. As noted in the study, access to Yard A from Highway 6 is at the existing access in the vicinity of Milepost 67.70 on the south side of Highway 6. This access is located approximately 2.8 miles west of County Road 300. The access road to Highway 6 was improved prior to the 2009 studies to accommodate large trucks. Both an initial study and a design waver request were submitted for consideration by the County and CDOT for peak construction within the CDOT right-of-way. A Design Waiver Request was submitted and granted by CDOT for the applicant to use temporary measures in -lieu of constructing a west- bound turn -lane or a traffic signal. CDOT granted access permit #309083 on 8/11/09 with limits on traffic volumes for an industrial park - contractors yard based on the Design Waiver Request submitted by McDowell Engineering, LLC. A Notice to Proceed for permit #309083 was also granted on 8/11/09 for construction within the CDOT rig ht -of -way. Mr. Dan Roussin confirmed on February 25, 2010, that the current permit is still valid for the 20 DHV that was coordinated with the Design Request Waiver. He does note that if traffic volumes increase beyond the permitted 20 DHV, then a new permit would be required. Typical daily activities comply with traffic volume requirements of CDOT permit #309083. Deliveries by trucks longer than 50' trigger additional design hour volumes due to the multiple axels on the vehicles. These deliveries are coordinated with CDOT with a temporary Design Waiver Request that includes a temporary traffic plan noting the days and number of delivery trucks expected so that a temporary access permit can be obtained. P.O. BOX 931 / 160 E. ADAMS AVE. / BRECKENRIDGE, CO 80424 / 970.453.6880 PH / 970.453.6888 FX P.O. BOX 21 13 / 560 E. ADAMS AVE. / SILVERTHORNE, CO 80498 / 970.513.1000 PH / 513.0155 FX www.bhhpartners.com REV. 4/14/10 5 -mile Ranch —Storage Yard LIMITED IMPACT REVIEW APPLICATION Exhibit 9 - Summary The Habitat Assessment for the Collbran Pipeyard Parcels covers two yards that were constructed at the same time by EnCana Oil and Gas. The study was conducted on a 7 -acre parcel off of County Road 300 and then the 21 -acre lease parcel (called out as the 20 -acre parcel in the study) in which the -8.6-acre storage yard is located. Information specific to this application is as follows: Page 2: Section 1, paragraphs 1, 2, 4, and 5 Page 2: Section 2, paragraphs 1 & 2 Page 3: Section 2, paragraphs 1 & 2 Page 3: Section 3, 20 -acre parcel summary Page 4: Section 3, 20 -acre parcel summary continued Page 4: Section 4, paragraphs 1-3 Photos on 20 -acre parcel include: 2, 3, 4, and 7 Disturbance within the 21 -acre parcel has been primarily limited to the western portion of the site within the -8.6 acre Storage Yard A area. The applicant and tenant have not made improvements to the areas around the box culverts noted in the report as this storage area has not been needed. P.O. BOX 931 / 160 E. ADAMS AVE. / BRECKENRIDGE, CO 80424 / 970.453.6880 PH / 970.453.6888 FX P.O. BOX 2113 / 560 E. ADAMS AVE. / SILVERTHORNE, CO 80498 / 970.513.1000 PH / 513.0155 FX www.bhhp a tners.com REV. 4/14/10 5 -mile Ranch — Storage Yard LIMITED IMPACT REVIEW APPLICATION Exhibit 10 - Summary The Limited Results Cultural Resource Survey Form covers two yards that were constructed at the same time by EnCana Oil and Gas. The study was conducted on a 7 -acre parcel off of County Road 300 and then the 21 -acre lease parcel (called out as the 20 -acre parcel in the study) in which the -8.6-acre storage yard is located. The report notes that 27 acres were reviewed. Information specific to this application is in the first 7 pages of this report. P.O. BOX 931 / 160 E. ADAMS AVE. / BRECKENRIDGE, CO 80424 / 970.453.6880 PH / 970.453.6888 FX P.O. BOX 2113 / 560 E. ADAMS AVE. / SILVERTHORNE, CO 80498 / 970.513.1000 PH / 513.0155 FX www.bhhpart.ners.com �Of ti t10� ACstV tor ege 09 ,' 8070 50,5 EXIS 2 -TR ROA So RAS l 1 /‘; / i SMOOTH WIRE FENCE 7<0 ' ,A)P • SMOOTH WIRE FENCE : • c+sem �� 'v ti €v ¢ago �•% 6xT o'N Det)' o \ CONCRETE y S - ,j \ �o..� CULVERT y BOX G�, ! - i `PP `fr 5r 7\ s� � f c / \\ 50 ` CV \ / \ 1tiTt\ / 0 \\\f �e� 6 �4 f \ cst 0 \ s Ls, 4 0 i METAL \CULVERT f 44\- g--k•o SMOOTH WIRE FENCE IS °s Q, ; o"A \ 1 v1 � POWER 1 (s' S POLE \0� ------ ---- PC POWER So POLE\ (MThASC SP1 - 75' TURNING RADIUS SCALE: I" 100'-0" li h h PArthers NORTH P.O BOX 931, 160 EAST ADAMS BRECKENRIDGE, CO 80424 (970)453-6880 P.O. BOX 2113, 560 ADAMS AVENUE SILVERTHORNE, CO 80498 (970) 513-1000 5 -MILE RANCH - STORAGE YARD HWY 6, GARFIELD COUNTY, COLORAD 0 50' 100' 200' lem1ommi SIGNS: JOB NO: 50612.1 DATE: 04120/2010 DRAWN BY YBRYANT CHECKED BY: HHWAN mis {TUNG u ccrm 41oao WALL Mgr eEICEPIECAUCED wMwr AkCHtEC19 Yb: ltd R14119ek4 S Garfield County July 7, 2010 Yvonne Bryant BHH Partners Planner/Architects P.O. Box 931 Breckenridge, CO 80424 ybryant(a. bhhpartners.com BUILDING & PLANNING DEPARTMENT Reference: LIPA6359 Limited Impact Review — 5 -Mile Ranch Storage Yard Dear Yvonne; The Building and Planning Department has reviewed the additional submittal material provide for the above referenced application and determined that the documentation is sufficient to determine technical completeness for a Limited Impact Review. Once a project is determined to be technically complete the public hearing date is set and referral agency requests are sent. We have scheduled the hearing for Tuesday September 7, 2010. This hearing will occur on a Tuesday due to the Labor Day holiday on Monday the 6th. Listed below are notice requirements: As a matter of process, the Board of County Commissioners shall hold an advertised public hearing on the proposed action at a regularly scheduled meeting. The Applicant shall be solely responsible for the publication, property posting, and mailing of all notices. The Applicant shall present proof of publication and mailing at or before the meeting. The item cannot be heard if correct noticing requirements have not been met. Notice for the meeting shall be given as follows: 1. Notice by Publication. At least thirty (30) and not more than sixty (60) calendar days prior to the date of a scheduled public hearing before the Board of County Commissioner hearing, and at least thirty (30) and not more than sixty (60) calendar days prior to the date of a scheduled public hearing before the Board of County Commissioners, the applicant shall have published a notice of public hearing in a newspaper (Rifle Citizen Telegram is the only newspaper that meets this criteria) of general circulation in the area that the proposed land use change is located. Publication of said notice shall follow a form prescribed by the County. 2. Notice to Adjacent Property Owners. Except for text amendments to the provisions of this Resolution and existing Planned Unit Developments, at least thirty (30) and not more than sixty (60) calendar days prior to the date of a scheduled public hearing, the applicant shall send by certified mail or by a nationally recognized overnight courier, return receipt requested, a written notice of the public hearing to the owners of record, 108 Eighth Street, Suite 401 • Glenwood Springs, CO 81601 (970) 945-8212 • (970) 285-7972 • Fax: (970) 384-3470 as shown in the office of the County Clerk and Recorder or Assessor at least 30 days prior to sending notice, of all adjacent property within a 200' radius. Within the same time period written notice shall be provided to owners of mineral in interests in the property (other than construction materials as defined in Section 34-32.5-10 CRS, as amended) in accordance with Section 24-65.5-101, et seq., CRS, as amended. (Reso 2009 - 53) 3. Posting of Notice. Except for text amendments to the provisions of this Resolution and existing Planned Unit Developments, at least thirty (30) and not more than sixty (60) calendar days prior to the date of a scheduled public hearing the applicant shall post a notice of the public hearing on the property. Such notice shall consist of at least one sign facing each adjacent road right-of-way, and located so as to be fully visible from the road right-of-way generally used by the public. Such signs shall be provided to the applicant by the Planning Department. (Reso 2009 - 53) I have enclosed the suggested public notice in Word format so you can add necessary information, such as the legal description of the subject site (5 -mile Ranch). A poster will be necessary to meet the requirement for posting of the property, please let me know when you are able to come to our office to pick that up or if I should mail it to you. These posting and public notice documents for the Board of County Commissioners public hearing are provided as a courtesy. The Applicant must verify that all information provided in these documents is correct. As always, it is the obligation of the Applicant to correct any deficiencies such that proper notice in form and substance can be established. Note: 1 have also enclosed a referral form which lists the federal, state and local agencies who will review the application as referral agencies, as well as the Board of County Commissioners. We will require eighteen (18) copies of a complete application (with all supplemental materials incorporated), 9 paper copies [2 unbound] and 9 CD's, no later than July 19, 2010 (but ASAP if possible). If the copies have not been submitted by this date, your public hearing may be jeopardized. Feel free to contact me with any questions. Attachments CC: File RECEIPT/INVOICE Garfield County 108 8th Street Suite 401 Glenwood Springs, CO 81601 - Phone: (970)945-8212 Fax: (970)384-3470 Applicant SPECIALTY RESTAURANTS CORP( SPECIALTY RESTAURANTS CORP( 8191 Kaiser BLVD Anaheim, CA 92808 Return to: Invoice Number: INV -3-10-20117 Invoice Date: 3/24/10 Plan Case: Limited Impact Review Application, LIPA-3-10-6359 Garfield County 108 8th Street Suite 401 Glenwood Springs, CO 81601 - Memo: Fee Name Fee Type Fee Amount Limited Impact Application Fee Fixed $400.00 Total Fees Due: $400.00 Date Pay Type Check Number Amount Paid Change 03/24/2010 Check 0000108917 $400.00 $0.00 Total Paid: $400.00 Total Due: $0.00 AttR EEtitto CI FOR1WETAI4 PAY TO THE ORDER OF SRC CAPITAL - COLORADO A Division of Specialty Restaurants Corporation 8191 East Kaiser Blvd Anaheim, CA 92808 USA Four hundred and xx / 100 Dollars GARFIELD COUNTY TREASURER P.O. BOX 1069 Glenwood Springs, CO 81602-1069 USA L1pf\-t-Io ( q- Wednesday, March 24, 2010 BANK OF THE WEST 4402 Newport Beach Office Newport Beach, CA 92660 90-4284/1222 DATE 3/1/2010 No. 0000108917 AMOUNT ***************400.00 OIDAF•' NT IS St, Lt�t4A AUTHORIZED SIGNATURE PLANNERS / ARCHITECTS TRANSMITTAL LETTER VIA: FAX MAIL FED EX DELIVERY PICK UP EMAIL IF FAX: We are transmitting pages, including this transmittal. IF FAX: Additional copy via Mail ❑ YES ❑ NO TO: Garfield County ATTFJ 0375 County Road 352, #2060 Rifle, CO 81650 PH: 970-625-5903 Molly Orkild-Larson WE ARE SENDING YOU ATTACHED FOR YOUR ❑ APPROVAL ❑ REVIEW PROJECT: 5 -Mile Ranch — Storage Yard PROJECT NO: 50612.1 DATE: March 22, 2010 ❑ INFORMATION ❑ FILES ❑ OTHER ❑ IF CHECKED, PLEASE ACKNOWLEDGE RECEIPT OF ENCLOSURES PLEASE NOTIFY US IMMEDIATELY IF ENCLOSURES ARE NOT AS NOTED COPIES DATE NUMBER DESCRIPTION 1 March 8, 2010 Original 5 -Mile Ranch — Storage Yard Limited Impact Review Application 2 March 8, 2010 5 -Mile Ranch — Storage Yard Limited Impact Review Application 1 CD 5 -Mile Ranch — Storage Yard Limited Impact Review Application 1 March 1, 2010 Check # 108917: $400 application check REMARKS: Good Morning Molly — Included in this packet are the documents listed above. There is a Table of Contents at the beginning of the application outlining the location of the required submittal documents. We have addressed each of the items noted in the Pre -Application Meeting point -by -point in the Exhibit 2 Narrative as they are outlined in the code. Included for your information are also the studies documenting the conditions for the existing permits. Please call with questions and clarifications. COPIES TO: File, Alex Lopez, SIGNED: Yvonne Bryant, AIA, RID, APA Toby Guccini, Dennis Stahl P.O. BOX 931 / 160 E. ADAMS AVE. / BRECKENRIDGE, CO 80424 / 970.453.6880 PH / 970.453.6888 FX P.O. BOX 21 13 / 560 E. ADAMS AVE. / SILVERTHORNE, CO 80498 / 970.513.1000 PH / 513.0155 FX www.bhhpartners.com bhPa'rtwero PLANNERS / ARCHITECTS 5 -mile Ranch —Storage Yard (21 acre lease parcel with -8.6 acre storage yard) Garfield County, Colorado LIMITED IMPACT REVIEW APPLICATION March 8, 2010 Revised June 22, 2010 OWNERS/APPLICANT: 5 -Mile Ranch, LLC 8191 E. Kaiser Blvd. Anaheim, CA 92808 714.279.6100 PREPARED BY: bhh Partners Box 931 160 East Adams Breckenridge, CO. 80424 970.453.6880 b h teers PLANNERS / ARCHITECTS March 5, 2010 Ms. Molly Orkild-Larson Garfield County Building and Planning Department 0375 County Road 352, #2060 Rifle, CO 81650 RE: 5 -Mile Ranch - Storage Yard Limited Impact Review Application 21 acre lease parcel with —8.6 acre storage yard on Parcel 2447-064-00-057 Dear Molly: We represent 5 -Mile Ranch, LLC, which owns the 5 -Mile Ranch property, Parcel 2447-064-00- 057, located on State Highway 6, west of the Town of Parachute. The applicant requests the approval of Staff and the Board of County Commissioners to continue the Storage use, as defined under the Garfield County Land Use Resolution, on an existing —8.6 acre storage yard on the Rural zoned parcel identified above. The subject parcel is +1- 645 acres. The lease parcel in question is 21 acres with an existing —8.6 acre industrial storage yard. The existing storage yard is used to store supplies, machinery, equipment, and products under an existing Pipeline Development Permit with Garfield County. One of the conditions on the existing permit requires the tenant to remove the storage yard and reclaim the site upon completion of the Collbran Pipeline. The applicant has extended the lease with the tenant and would like to continue this use indefinitely for the storage of non -hazardous materials and future ranching operation activities. There are no buildings or utilities on the site. The applicant is not proposing any changes to the site. A current CDOT Access Permit for the storage yard has been supplied within the application materials. We look forward to working with Staff on the application. If you have any questions or need additional information, please feel free to call me or Yvonne Bryant at 970-453-6880. Sincerely, Marc P. Hogan, A.I.A. Principal P.O. BOX 931 / 160 E. ADAMS AVE. / BRECKENRIDGE, CO 80424 / 970.453.6880 PH / 970.453.6888 FX P.O. BOX 21 13 / 560 E. ADAMS AVE. / SILVERTHORNE, CO 80498 / 970.513.1000 PH / 513.0155 FX www.bhhpartners.com bh PLANNERS / ARCHITECTS 5 -mile Ranch — Storage Yard LIMITED IMPACT REVIEW APPLICATION TABLE OF CONTENTS LETTER OF INTENT EXHIBITS EXHIBIT 1 — LIMITED IMPACT REVIEW APPLICATION — GENERAL SUBMITTAL REQUIREMENTS — PAYMENT AGREEMENT FORM — STATEMENT OF AUTHORITY — AUTHORIZATION LETTER EXHIBIT 2 — NARRATIVE - GARFIELD COUNTY LAND USE RESOLUTION CHECKLIST: ARTICLES 3.00 AND 7.00 EXHIBIT 3 — PROPERTY DEED EXHIBIT4 — ASSESSOR'S MAP — ADJACENT LAND OWNERS EXHIBIT 5 — VICINITY MAP EXHIBIT 6 — PRE -APPLICATION CONFERENCE FORM EXHIBIT 7 — SITE PLAN — ROAD ROW DESCRIPTION — STORM WATER MANAGEMENT BMP PLAN EXHIBIT 8 — TRAFFIC MEMORANDUM — dated February 6, 2009 — DESIGN WAIVER REQUEST — dated March 2, 2009 — CDOT ACCESS PERMIT #309083 EXHIBIT 9 — HABITAT ASSESSMENT — WILDLIFE & VEGETATION EXHIBIT 10 — LIMITED RESULTS CULTURAL RESOURCE SURVEY FORM EXHIBIT 11 — SECOND AMENDMENT TO 24 -INCH COLLBRAN PIPELINE DEVELOPMENT PLAN EXHIBIT 12 — SUPPLEMENTAL INFORMATION April 20, 2010 • SP1 — 75' TURNING RADIUS • SP2 — 75' TURNING RADIUS • 04/16/2010 DR GRIFFIN & ASSOCIATES IMPROVEMENT LOCATION CERTIFICATE EXHIBIT 13 — SUPPLEMENTAL INFORMATION June 22, 2010 • 06/22/2010 - MEMORANDUM • 04/27/2010 DR GRIFFIN & ASSOCIATES IMPROVEMENT LOCATION CERTIFICATE (updated Yard A Legal Description) • 05/13/2010 UPDATED BMP SITE MAP • 05/06/2010 BMP MEMO ASPEN ENVIRONMENTAL FIELD SERVICES • 10/22/2009 UPDATED SPECIAL WARRANTY DEED • 05/28/2010 HANKARD ENVIRONMENTAL NOISE ANALYSIS • 06/05/2010 MCDOWELL ENGINEERING UPDATED TRAFFIC MEMORANDUM b Owers PLANNERS / ARCHITECTS 5 -mile Ranch -Storage Yard LIMITED IMPACT REVIEW APPLICATION EXHIBIT 1 - LIMITED IMPACT REVIEW APPLICATION - GENERAL SUBMITTAL REQUIREMENTS - PAYMENT AGREEMENT FORM - STATEMENT OF AUTHORITY - AUTHORIZATION LETTER GARFIELD COUNTY Building & Planning Department 108 8th Street, Suite 401 Glenwood Springs, Colorado 81601 Telephone: 970.945.8212 Facsimile: 970.384.3470 www.garfield-county.com ® LIMITED IMPACT REVIEW ❑ LIMITED IMPACT REVIEW [AMENDMENT], • CUP AMENDMENT [Issued under the Zoning Resolution of 1978, as Amended] GENERAL INFORMATION (Please print legibly) ➢ Name of Property Owner: 5 -Mile Ranch, LLC attn. Dennis Stahl or Toby Guccini ➢ Mailing Address: 8191 E. Kaiser Blvd. Telephone: ( 970 )984-3720 ➢ City: Anaheim State: CA Zip Code: 92808 Cell: ( 970 )379-5001 D. E-mail address: toby(a teamrmr.com FAX: ( 970) 984-3721 D. Name of Owner's Representative, if any, (Attorney, Planner, Consultant, etc): ➢ BI -1H Partners Planner/Architects attn. Marc Hogan ➢ Mailing Address: Box 931 Telephone: ( 970 )453-6880 ➢ City: Breckenridge State: CO Zip Code: 80424 Cell: ( ) ➢ E-mail address: mhogan(a)bhhpartners.com or FAX: ( 970)453-6888 ybryant@bhhpartners.com ➢ Requested Use from Table 3-501 or 3-502: —8.6 acre Storage Yard A (Storage: supplies, machinery, equipment or products) located within a 21.15 acre Lease Parcel. ➢ Street Address / General Location of Property: —2.8 miles east of CR300 along Hwy 6, located just south of Hwy 6. Address TBD. ➢ Legal Description: See attached deed. ➢ Assessor's Parcel Number: 2 4 4 7 - 0 6 4- 0 0- 0 5 7 ➢Existing Use: Temporary Storage YardunderPipeline Development Permit Rural GrazingLand/Agricultural and ➢ Property Size (in acres) +/- 645 acres Zone District: R - Rural Last Revised 10/06/09 The following section outlines and describes the Limited Impact Review process for the variety of uses that are governed by the Board of County Commissioners by the Unified Land Use Resolution of 2008 (ULUR). Please refer to Articles III and VII in the regulations themselves for a higher level of detail. [The following process is required for applications for land use changes that are subject to Limited Impact Review as defined in Table 3-501 or 3-502 in Article III.] A. Guthrie, ofProcess The Limited Impact Review process shall consist of the following procedures: 1. Pre -Application Conference (4-103 (A)) February 19, 2010 2. Application (4-103 (B)) 3. Determination of Completeness (4-103 (C)) 4. Evaluation by the Director/Staff Review (4-103 (E)) 5. Public Hearing and Decision by the Board of County Commissioners (4-103 (G)) B. Submittal Materials; The following materials shall be submitted with a Limited Impact Review application and are more fully defined in Section 4-502 of Article IV of the ULUR. The Director may waive or alter any of these requirements if they are determined to be inappropriate or unnecessary to determining if the application satisfies applicable standards. 1. Application Form and Fees Exhibit 1 2. Site Plan (4-502(C)(3)) Exhibit 7 3. Land Suitability Analysis (4-502(D)) Exhibit 2 4. Impact Analysis (4-502(E)) Exhibit 2 11. Limited Impact Review Amendment Process Any proposal to change conditions of approval or a site plan approved under these Regulations as a Limited Impact Review permit shall require application to the Director for Amendment of a Limited Impact Permit Approval. The Director shall review the application to determine whether the proposed change constitutes a substantial change to the Limited Impact Permit approval pursuant to Section 4-107 of Article IV. A. Outline of Process. The review process for a proposed Amendment of an Approved Limited Impact Review shall consist of the following procedures. 1. Pre -Application Conference (4-103 (A)) 2. Application (4-103 (B)) 3. Determination of Completeness (4-103 (C)) 4. Evaluation by the Director/Staff Review (4-103 (E)) 5. Decision by Director (4-104(6)(5)) 6. Public Hearing and Decision by the Board of County Commissioners (4-103 (G)) B. Submittal Materials: The following materials shall be submitted with a Limited Impact Review Amendment application and are more fully defined in Section GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT FEE SCHEDULE Garfield County, pursuant to Board of County Commissioners ("Board") Resolution No. 98-09, has established a fee structure ("Base Fee") for the processing of each type of subdivision and land use applications. The Base Fee is an estimate of the average number of hours of staff time devoted to an application, multiplied by an hourly rate for the personnel involved. The Board recognized that the subdivision and land use application processing time will vary and that an applicant should pay for the total cost of the review which may require additional billing. Hourly rates based on the hourly salary, and fringe benefits costs of the respective positions combined with an hourly overhead cost for the office will be used to establish the actual cost of County staff time devoted to the review of a particular project. Actual staff time spent will be charged against the Base Fee. After the Base Fee has been expended, the applicant will be billed based on actual staff hours accrued. Any billing shall be paid in full prior to final consideration of any land use permit, zoning amendment or subdivision plan. If an applicant has previously failed to pay application fees as required, no new or additional applications will be accepted for processing until the outstanding fees are paid. Checks, including the appropriate Base Fee set forth below, must be submitted with each land use application, and made payable to the Garfield County Treasurer. Applications will not be accepted without the required application fee. Base Fees are non-refundable in full, unless a written request for withdraw from the applicant is submitted prior the initial review of the application materials. Applications must include a Payment Agreement Form ("Agreement") set forth below. The Agreement establishes the applicant as being responsible for payment of all costs associated with processing the application. The Agreement must be signed by the party responsible for payment and submitted with the application in order for it to be accepted. The following Base Fees shall be received by the County at the time of submittal of any procedural application to which such fees relate. Such Base Fees shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board for the consideration of any application or additional County staff time or expense not covered by the Base Fee, which have not otherwise been paid by the applicant to the County prior to final action upon the application tendered to the County. The following guidelines shall be used for the administration of the fee structure set forth above: 1. All applications shall be submitted with a signed Agreement for Payment form set forth below. 2. County staff shall keep accurate record of actual time required for the processing of each land use application, zoning amendment, or subdivision application. Any additional billing will occur commensurate with the additional costs incurred by the County as a result of having to take more time that that covered by the base fee. 3. Any billings shall be paid prior to final consideration of any land use permit, zoning amendment, or subdivision plan. All additional costs shall be paid to the execution of the written resolution confirming action on the application. 4. Final Plats, Amended or Corrected Plats, Exemption Plats or Permits will not be recorded or issued until all fees have been paid. 5. In the event that the Board determines that special expertise is needed to assist them in the review of a land use permit, zoning amendment, or subdivision application, such costs will be borne by the applicant and paid prior to the final consideration of the application. All additional costs shall be paid prior to the execution of the written resolution confirming action on the application. 6. If an application involves multiple reviews, the Applicant shall be charged the highest Base Fee listed above. 7. Types of "Procedures" not listed in the above chart will be charged at an hourly rate based on the pertinent planning staff rate listed above. 8. The Planning Director shall establish appropriate guidelines for the collection of Additional Billings as required. Page 3 =III SOS •��n o... ..�._..... _..__-.. Receptiontt: 782087 r 02/17/2010 03:34:47 PE Joan nlberico 1 of 1 Rao Fw:511.00 Doc Faa:O.00 GARFIELD COUNTY CO STATEMENT OF AUTHORITY 1. This statement of Authority relates to an entity named: 5 -Mile Ranch, LLC 2.• The type of entity is a: [ 1 corporation [ 1 nonprofit corporation [x] limited liability company [ ] general parhership [ ] limited partnership [ ] registered limited liability partnership [ ] registered limited liability limited partnership [ 1 limited partnership association [ 1 unincorporated nonprofit association [ 1 government or governmental subdivision of agency [ 1 business trust [ ]t 3. The entity is formed under the laws of The State of The State of Colorado 4. The mailing address for tha entity is: 8191E, Kaiser Blvd., Anaheim, CA 92808 5. The [x ] name(s), or [x ] position(s) of each person authorized to execute instruments conveying, encumbering, or otherwise affecting title to real property on behalf ofthe entity is (are): John D. Tallichet, Manager Dean's J. Stahl, Manager 6. (Optional) The authority of the foregoing person(s) to bind the entity is [ 1 not limited [ ] lindted as follows: 7. (Optional) Other matters concerning the manner in which the entity deals with interests in real property: 8. This statement of Authority is executed on behalf of the entity pursuant to the provisions of Section 38-30-172, C.R.S. Executed this 3 RO day of February, 2010 5 -Mile Ranch, LLC Itichet, Manager Dennis 3. Stahl, Manager State of California County of Orange ) ss. The foregoing instrument was acknowledged before me this 3a day of February, 2010 by John D. Talliohet, Manager and Dennis J. Stahl, Manager of 5 -Mile Ranch, LLC. Witness my hand and official seal. My Commission Expires: 3.21-1O Reba° to: P910y-Ps9ekPoje^t,1 C 8191 C. Ra:.....$Iv4, 'row,wi tW l.f1a Ct Irt e. en` era . Ti•cu Co Siistz) ' • oaCDaw coca:, My tamm.54Pite4 Ma 21.20101 • LYMERE M. KRLUM Commlulon 01667359 Natnty Public • Caar01da 1 orange County [[ IRI MyCamm.Fxppa5Mof211.2010t THENCE N. 88 DEGREES 36' E. 338 FEET; THENCE N. 00 DEGREES 47' W. 200 FEET; THENCE N. 53 DEGREES 00' E. 300 FEET; THENCE N. 37 DEGREES 01' E. 334 FEET; THENCE N. 40 DEGREES 24' E. 328 FEET; THENCE N. 4 DEGREES 56' W. 171 FEET; THENCE N. 33 DEGREES 01' E. 530 FEET; THENCE N. 49 DEGREES 51' W. 1768 FEET; THENCE S. 88 DEGREES 43' W. 1385 FEET TO POINT OF BEGINNING. SECTION 6: ALL SECTION 7; LOTS 2, 9, 10, 11, 12 AND NE1/4NW1/4 COUNTY OF GARFIELD STATE OF COLORADO To Whom It May Concern: This is to confirm that I have authorized BHH Partners Planners and Architects, in addition to Rocky Mountain Realtors, to act as my representative to work on the project noted above. \-bc.v*)lSCFA 1`K._. PRINTED OR TYPED NAME ,14,AkJ01112-TITLE 3122_ (-,_o I 0 DATE S-evttLA tea ,,ca L. Lc 63110 nJ ecYL� STATEMENT OF INTEREST IN PROJECT Page 2 of 2 bhfliers PLANNERS / ARCHITECTS 5 -mile Ranch —Storage Yard LIMITED IMPACT REVIEW APPLICATION EXHIBIT 2 - NARRATIVE - GARFIELD COUNTY LAND USE RESOLUTION CHECKLIST: ARTICLES 3.00 AND 7.00 bh triers PLANNERS / ARCHITECTS 5 -mile Ranch — Storage Yard LIMITED IMPACT REVIEW APPLICATION Narrative Garfield County Land Use Resolution Checklist ARTICLE 4 — Application & Review Procedures DIVISION 5 SUBMITTAL REQUIREMENTS Section 4-502.E. Limited Impact Review. The Limited Impact Review Process is set forth in Section 4-105, Limited Impact Review Process and requires the following materials. 1. Application Form and Fees See Exhibit 1 2. Vicinity Map (4-502(C)(2) See Exhibit 5 3. Site Plan (4-502(C)(3)) See Exhibit 7 4. Land Suitability Analysis (4-502(D)) See below. 5. Impact Analysis (4-502(E)) See below. Section 4-502 Description of Submittal Requirements D. Land Suitability Analysis 1. Public Access to Site. Access to the site has historically been from the private road/drive on Hwy. 6 located approximately 2.8 miles west of County Road 300. An existing 2 -track road is indicated crossing the site in Exhibit 7 documents. The existing intersection of the 2 track with the existing private road was not suitable for the storage yard uses. Under the previous special use permit, the access to the yard was relocated and improved to meet Garfield County standards. 2. Access to adjoining Roadways. The existing storage yard is accessed via a 60' access easement that connects to an existing private road on the property as noted on Exhibit 7. The existing private road access to Highway 6 was improved in 2007 under CDOT Access Permit #307041 as noted in the February 6, 2009 Traffic Memorandum. This memorandum was followed up with a Design Waiver request on March 2, 2009 requesting permission to use temporary traffic controls in lieu of constructing Hwy 6 auxiliary turn lanes. CDOT Access Permit #309083 was issued July 28, 2009 allowing for an Industrial Park — Contractors yard (Garfield County Storage Yard as noted above) with a 20 P.O. BOX 931 / 160 E. ADAMS AVE. / BRECKENRIDGE, CO 80424 / 970.453.6880 PH / 970.453.6888 FX P.O. BOX 2113 / 560 E. ADAMS AVE. / SILVERTHORNE, CO 80498 / 970.513.1000 PH / 513.0155 FX www.bhhpartners.com design hourly volume. Temporary traffic controls with appropriate CDOT permits are utilized for instances exceeding this volume. Exhibit 8. Daniel Roussin with CDOT Region 3 verified on February 25, 2010 that the Access permit remains effective for the extension of the existing special use permit under the Limited Impact Review Process for the storage yard as long as the traffic intensity does not increase. Access to Hwy 6 has a clear site distance greater than 850' as required by the Colorado Department of Transportation. 3. Easements. As noted above, the existing storage yard is accessed via a 60' access easement that connects to an existing private road on the property as noted on Exhibit 7. 4. Topography and Slope. Existing topography along with cut/fill analysis have been provided in Exhibit 7 to show how the 2% storage yard slope was attained. The storage yard was installed in compliance of the County Standards limiting construction to areas with less than 20% slopes and roadways less than 8% grade. 5. Natural Features. There are no significant natural features on the 21 acre site. West of the site, across the existing private road, is a series of geologic formations. A portion of these are on BLM land. 6. Drainage Features. A series of ephemeral drainage ways cross the site. The Habitat Assessment in Exhibit 9 notes two of the drainages on the eastern portion of the site have culverts under Hwy 6 to presumably to enable drainage of areas north of Hwy 6. Storage yard A was constructed with culvert crossings in compliance with previous County Standards. No new yards or additional drainage crossings are proposed in conjunction with the current application. Existing drainage crossings associated with the existing 2 -track are in place on the site. 7. Water. The applicant has water rights associated with the parcel. A copy of the appropriate Quit Claim deed has been included in Exhibit 3. The storage yard does not have buildings or other facilities requiring a water source at this time. The applicant is not proposing any new uses that would require a supply at this time. 8. Floodplain. The property is separated from the Colorado River by another portion of the +/- 645 acre parcel and the railroad. Yard A as shown in Exhibit 7 is not adjacent to either of the two ephemeral drainage ways associated with the box culverts noted in the Habitat Assessment. Page 2 of 16 9. Soils. The existing storage yard has no buildings or facilities requiring wastewater services. The applicant proposes to continue the use of the storage yard as previously approved by the county for storage and rural uses. Accordingly, no percolation tests have been done for the purposes of ISDS systems. 10. Hazards. The storage yard is not located in area noted for slope or geologic hazards on the County Maps. The storage yard was previously located prior to construction to avoid existing drainage channels located east of the yard. The yard is not located in an area subject to falling rocks, landslides, snow slides, mud flows, radiation, flooding or high water tables. The storage yard is designed on —2% slopes as allowed by County standards. 11. Natural Habitat. A Habitat Assessment was prepared by Wildlife Specialties, LLC (Exhibit 9). The dominant plant community for the site consists of sagebrush and grease wood with an understory of cheat grass. The study notes that a section of the eastern portion of the 21 acres burned prior to the 2008 study. The study indicates that development of this 21 -acre (20 noted in study) site was not expected to impact state sensitive or threatened species, endangered species or raptors. The study took into consideration development of the entire 21 acre site. Of the previously approved site plan, only the —8.6 acre Yard A was developed. This reduced program resulted in reduced impacts on the sage -brush dominated habitats of species such as the western meadowlark and Brewer's sparrow. The study notes that previous energy development and associated infrastructure along with the presence of the railroad likely preclude the use of the surrounding property by disturbance sensitive species. No formally identified noxious weeds were noted in the study on the 21 acre site. No wetlands or seeps have been identified on or near the storage yard. 12. Resource Areas. A "Limited -Results Cultural Resource Survey Form" is provided as Exhibit 10 as conducted by the Grand River Institute. As the project area lies within previously disturbed areas, limited cultural resources were expected. No subsurface potential is noted in the report. Page 3 of 16 E. Impact Analysis 1. Adjacent Property. An assessors map along with a list of property owners within 300' of the +/- 645 acre parcel that the 21 acre lease site is located is provided in Exhibit 4. 2. Adjacent Land Use. Adjacent land uses within 1500' of the +/- 645 acre parcel include CDOT right-of-way for Hwy 6 and 1-70. There are pockets of Public Land to the west and Resource Lands located north of 1-70. The uses around the 21 acre lease parcel with the —8.6 acre storage yard are CDOT ROW and Rural uses. The rural uses include grazing lands for livestock and energy related activities. 3. Site Features. The dominant plant community for the site consists of sagebrush and grease wood with an understory of cheat grass. Several ephemeral drainages cross the property, flowing in a southerly direction. Culverts were installed across two of the drainage channels under previous permits during installation of the access road. 4. Soil Characteristics. As no new development is proposed, the applicant does not anticipate any new impacts from soils conditions. 5. Geology and Hazard. The storage yard is not located in area noted for slope or geologic hazards on the County Maps. The storage yard was previously located prior to construction to avoid existing drainage channels located east of the yard. The yard is not located in an area subject to falling rocks, landslides, snow slides, mud flows, radiation, flooding or high water tables. The storage yard is designed on —2% slopes as allowed by County standards. 6. Effect on Existing Water Supply and Adequacy of Supply. The continued use of the site as a storage yard will not have an effect on domestic or irrigation water availability. The existing storage yard has no buildings or facilities requiring water service. The applicant proposes to continue the use of the storage yard as previously approved by the county for storage and rural uses. 7. Effect on Groundwater and Aquifer Recharge Areas. The existing storage yard is separated from the Colorado River and its flood plains by pastures of the +/- 645 acre parcel and the rail road. In addition, the existing storage yard has no buildings or facilities requiring wastewater services. The applicant proposes to continue the use of the storage yard as previously approved by the county for storage and rural uses. Accordingly, no percolation tests have been done for the purposes of ISDS systems. Page 4 of 16 This site is currently being monitored by Aspen Environmental who is also maintaining the BMP's for surface runoff from the storage yard. Wattles are maintained on the downslope side of the yard to intercept flows on the way to the native vegetation areas outside of the 21 acre parcel. The storage yard has a 2% slope to promote positive drainage away from Highway 6 and the existing private road. 8. Environmental Effects. As no new development is proposed, there should be no additional environmental effects. A Habitat Assessment was prepared by Wildlife Specialties, LLC (Exhibit 9). The dominant plant community for the site consists of sagebrush and grease wood with an understory of cheat grass. The study notes that a section of the eastern portion of the 21 acres burned prior to the 2008 study. The study indicates that development of this 21 -acre (20 noted in study) site was not expected to impact state sensitive or threatened species, endangered species or raptors. The study took into consideration development of the entire 21 acre site. Of the previously approved site plan, only the —8.6 acre Yard A was developed. This reduced program resulted in reduced impacts on the sage -brush dominated habitats of species such as the western meadowlark and Brewer's sparrow. The study notes that previous energy development and associated infrastructure along with the presence of the railroad likely preclude the use of the surrounding property by disturbance sensitive species. A "Limited -Results Cultural Resource Survey Form" is provided as Exhibit 10 as conducted by the Grand River Institute. As the project area lies within previously disturbed areas, limited cultural resources were expected. No subsurface potential is noted in the report. No potential of existing radiation hazard has been identified. 9. Traffic. A traffic study was done by McDowell Engineering LLC in February and March 2009 (Exhibit 8). The existing private road access to Highway 6 was improved in 2007 under CDOT Access Permit #307041 as noted in the February 6, 2009 Traffic Memorandum. This memorandum was followed up with a Design Waiver request on March 2, 2009 requesting permission to use temporary traffic controls in lieu of constructing Hwy 6 auxiliary turn lanes. CDOT Access Permit #309083 was issued July 28, 2009 allowing for an Industrial Park — Contractors yard (Garfield County Storage Yard as noted above) with a 20 design hourly volume. Temporary traffic controls with appropriate CDOT permits are utilized for instances exceeding this volume. Page 5 of 16 Daniel Roussin with CDOT Region 3 verified on February 25, 2010 that the Access permit remains effective for the extension of the existing special use permit under the Limited Impact Review Process for the storage yard as long as the traffic intensity does not increase. Access to Hwy 6 has a clear site distance greater than 850' as required by the Colorado Department of Transportation. 10. Nuisance. The primary potential impact identified for the adjacent rural land uses included dust raised from the yard during activities associated with the loading and unloading of the storage materials. The applicant and his tenant uses water trucks during these activities to limit impacts on adjacent ranching operations. 11. Reclamation Plan. No new development is proposed as a part of the application. The applicant proposes to continue the use of the Storage Yard for storage of supplies, machinery, equipment or products. Future storage may also include ranching related activities as allowed within the Rural zone district. Areas disturbed during construction of the yard are being re -vegetated as coordinated with Garfield County Vegetation Manager Steve Anthony. This site is currently being monitored by Aspen Environmental who is also maintaining the BMP's. Page 6 of 16 ARTICLE 7 - Standards DIVISION 1 GENERAL APPROVAL STANDARDS FOR LAND USE CHANGE PERMITS Section 7-101 Compliance with Zone District Use Restrictions The property is zoned Rural as defined under Section 3-101.A. as follows: Rural (R). The Rural Zone District is comprised of the County's rural residential areas, agricultural resource lands, agricultural production areas and natural resource areas. Uses, densities and standards established for this zone district are intended to protect the existing character of the area from uncontrolled and unmitigated residential, commercial and industrial use. The zone district provides for the use of natural resources, recreational development, rural residential and other uses. Section 3-202 Rural Zone District A. Lot and Building Requirements. 1. Lot Size. a. Minimum Lot Area: 2 acres b. Maximum Lot Coverage, Residential Use: 15% 2. Minimum Setbacks. a. Front Yard (measured from front lot line): Arterial Street 50' Local Street 25' b. Side Yard: 10' or % of building height, whichever is greater c. Rear Yard: 25' 3. Maximum Building Height: 40' non-residential structures 25' residential structures In accordance with Section 3-501 TABLE: Rural, Residential, Commercial and Industrial Zone Districts (page 3-30), the proposed use on the -8.6 acre storage yard is storage of supplies, machinery, equipment or products. This use is permitted subject to a Limited Impact Review. This use falls under the definition of Industrial Use or Activity as defined under Article 16. Industrial Use or Activity. Uses engaged in processing, manufacturing of materials from either extracted or raw materials or from previously prepared materials resulting in a new product designed for wholesale or retail sale. 4. Storage: act of storing or state of being stored, specifically, the safe keeping of goods in a warehouse or other depository', examples include products and open storage of mineral storage piles of gravel, ore and shale; 6. Material handling: to load and unload goods, materials and products, whether industrial or commercial, in bulk, excluding the operation of extraction, processing, fabrication or storage as defined above, including a transfer station for construction waste including: wood, drywall, metals, paper, plastic and other types of construction materials. Page 7 of 16 Section 7-102 Compliance with Comprehensive Plan and Intergovernmental Agreements The parcel containing the existing storage yard is located within Study areas 3 and 5 of the Comprehensive Plan. The storage yard is currently on Rural zoned property in unincorporated Garfield County. One of the objectives of the Comprehensive Plan is to "encourage the location of industrial development in areas where visual, noise, air quality and infrastructure impacts are reduced." The storage yard as located is across the road from some geologic formations on the Garfield County and Mesa County borders. This geologic formation provides some visual buffering for commuters driving east from DeBeque. Another parcel, plus Hwy 6, further buffer the storage yard from the 1-70 view corridor. As the storage yard is surrounded by over 600 acres of active rural ranching grazing pastures, there are limited visual and noise impacts on residential uses. The Comprehensive Plan encourages the location of facilities to be in appropriate areas that maximize convenience to County residents. This facility is located on the Garfield County and Mesa County border as noted above providing a service to residents of both counties. Continuing the use of the existing storage yard for the purpose of storing supplies, machinery, equipment or products allows the applicant flexibility to lease the —8.6 acre yard for non- hazardous industrial material storage or agricultural/ranch yard storage in the future. The existing yard constitutes less than 2% of the +/- 645 acre parcel that it is located on. The storage yard has been installed to County standards and can serve multiple uses and activities in the future. As utilities become available to this area of Garfield County, other uses in compliance with the current County standards in effect could be considered. This again is in compliance with the objectives of the Comprehensive Plan. The Comprehensive Plan is sensitive to the using agricultural or rural lands for higher intensity uses. The existing storage yard has been located on the edge of the Rural zoned parcel at the CDOT approved access point. This limits impacts to the existing ranching operations on both this parcel and others accessed by it. The applicant would like to retain the Rural "uses by right" on the storage yard so that it can also be leased to rural use tenants. The project is sensitive to the environmental goals of the Comprehensive Plan. The original project anticipated a series of yards over the 21 acre parcel. After construction of the first —8.6 acre yard, the applicant determined that there was sufficient storage area. This reduced potential impacts on existing drainage ways crossing the property. The storage yard respects the natural contours and drainage patterns on the property. Existing roads were used as part of the storage yard circulation area. A new access drive was installed to be in compliance with County Standards. The applicant and his tenant have worked with County officials to include Best Management Practices for erosion and sedimentation control during the re -vegetation of areas previously disturbed during installation of the yard and related access. Page 8 of 16 Section 7-103 Compatibility The continued use of the storage yard for non -hazardous material storage and/or ranching uses is compatible with the adjacent land uses. The storage yard is —8.6 acres on a leased 21 acre parcel that is located within a +/- 645 acre parcel. The storage yard constitutes less than 2% of the ranching parcel. The remaining 12.4 acres of the lease is not used for industrial storage activities as previously planned under prior special use permits. The owner leases the landing surrounding the storage yard out for ranching and energy related activities. Section 7-104 Sufficient Legal and Physical Source of Water The existing storage yard has no buildings or facilities requiring water service. The applicant proposes to continue the use of the storage yard as previously approved by the county for storage and rural uses. Section 7-105 Adequate Water Supply The existing storage yard has no buildings or facilities requiring water service. The applicant proposes to continue the use of the storage yard as previously approved by the county for storage and rural uses. Section 7-106 Adequate Central Water Distribution and Wastewater Systems Central water distribution and wastewater systems are not within 400' of the proposed storage yard. The existing storage yard has no buildings or facilities requiring water service or wastewater systems. The applicant proposes to continue the use of the storage yard as previously approved by the county for storage and rural uses only. Section 7-107 Adequate Public Utilities The existing storage yard has no buildings or facilities requiring public utilities. The applicant proposes to continue the use of the storage yard as previously approved by the county for storage and agricultural uses only. Section 7-108 Access and Roadways The existing storage yard is accessed via a 60' access easement that connects to an existing private road on the property as noted on Exhibit 7. The existing private road access to Highway 6 was improved in 2007 under CDOT Access Permit #307041 as noted in the February 6, 2009 Traffic Memorandum. This memorandum was followed up with a Design Waiver request on March 2, 2009 requesting permission to use temporary traffic controls in lieu of constructing Hwy 6 auxiliary turn lanes. CDOT Access Permit #309083 was issued July 28, 2009 allowing for an Industrial Park — Contractors yard (Garfield County Storage Yard as noted above) with a 20 design hourly volume. Temporary traffic controls with appropriate CDOT permits are utilized for instances exceeding this volume. Exhibit 8. Daniel Roussin with CDOT Region 3 verified on February 25, 2010 that the Access permit remains effective for the extension of the existing special use permit under the Limited Impact Review Process for the storage yard as long as the traffic intensity does not increase. Page 9 of 16 Access to Hwy 6 has a clear site distance greater than 850' as required by the Colorado Department of Transportation. Section 7-109 No Significant Risk from Natural Hazards The storage yard was located prior to construction to avoid existing drainage channels located east of the yard. The yard is not located in an area subject to falling rocks, landslides, snow slides, mud flows, radiation, flooding or high water tables. DIVISION 2 GENERAL RESOURCE PROTECTION STANDARDS FOR LAND USE CHANGE PERMITS Section 7-201 Protection of Agricultural Lands The existing storage yard has had no known adverse affect on ranching operations surrounding the fenced in storage yard area. Access onto the property from Hwy 6 is protected by a cattle guard. The leased 21 acre parcel is enclosed in a 4 -strand barbed wire fence. The actual storage yard is enclosed in a 7' high chained link fence with barbed wire (Exhibit 7) in compliance with Section 7-821.D.4 requirements. Road access into the storage yard is protected by a small drainage channel with a culvert crossing. There is sufficient room for snow removal and storage for the yard within the unused -12.4 acres of the lease parcel. The storage yard was located prior to construction to avoid existing drainage channels located on the east end of the 21 acre site. Domestic animals are not kept on the property. Dust from the yard is controlled by water trucks during use. Section 7-202 Protection of Wildlife Habitat Areas A Habitat Assessment was prepared by Wildlife Specialties, LLC (Exhibit 9). The study indicates that development of this 21 -acre (20 noted in study) was not expected to impact state sensitive or threatened species, endangered species or raptors on this site. The study took into consideration development of the entire 21 acre site. Of the previously approved site plan, only the -8.6 acre Yard A was developed. This reduced program resulted in reduced impacts on the sage -brush dominated habitats of species such as the western meadowlark and Brewer's sparrow. The study notes that previous energy development and associated infrastructure along with the presence of the railroad likely preclude the use of the surrounding property by disturbance sensitive species. No formally identified noxious weeds were noted in the study on the 21 acre site. Section 7-203 Protection of Wetlands and Waterbodies The property is separated from the Colorado River by another portion of the +/- 645 acre parcel and the railroad. Yard A as shown in Exhibit 7 is not adjacent to either of the two ephemeral drainage ways associated with the box culverts noted in the Habitat Assessment. Page 10 of 16 No wetlands or seeps have been identified on or near the storage yard. Section 7-204 Protection of Water Quality from Pollutants Hazardous materials, sand, salt, and fuels are not stored within the —8.6 acre storage yard. Waste materials are not stored on site either. Section 7-205 Erosion and Sedimentation Wattles are used on site as indicated on the "ERCO 21 -acre Pipe Yard BMP Placement" drawing in Exhibit 7 to help manage sedimentation and runoff to existing vegetated areas. This site is currently being monitored by Aspen Environmental. Section 7-206 Drainage The site has positive drainage away from the private road and away from Hwy 6 in accordance with County standards. There are no buildings on the site requiring positive drainage. Section 7-207 Stormwater Run -Off Wattles are used on site as indicated on the "ERCO 21 -acre Pipe Yard BMP Placement" drawing in Exhibit 7 to help manage runoff to existing vegetated areas. Water sheet flows south across the yard to the wattles, and then to the native vegetation on the larger +1- 645 acre parcel. No new facilities are proposed for the existing yard. This site is currently being monitored by Aspen Environmental. Section 7-208 Air Quality Dust from the yard is controlled by water trucks during use to limit impacts on adjacent ranching operations. Section 7-209 Areas Subject to Wildfire Hazards The Garfield County Wildfire Map has been provided in Exhibit 7 for reference. A portion of the 21 acre site burned prior to installation of the storage yard as noted in the Exhibit 9 Habitat Assessment. There are no buildings on the site and no ladder fuels within the storage area. The storage yard does not increase the potential intensity or duration of a wildfire, nor does it adversely affect wildfire behavior or fuel composition. Section 7-210 Areas Subject to Natural Hazards and Geologic Hazards The storage yard is not located in area noted for slope or geologic hazards on the County Maps. The storage yard was previously located prior to construction to avoid existing drainage channels located east of the yard. The yard is not located in an area subject to falling rocks, landslides, snow slides, mud flows, radiation, flooding or high water tables. The storage yard is designed on —2% slopes as allowed by County standards. Section 7-211 Areas with Archeological, Paleontological or Historical Importance A "Limited -Results Cultural Resource Survey Form" is provided as Exhibit 10 as conducted by the Grand River Institute. As the project area lies within previously disturbed areas, limited cultural resources were expected. No subsurface potential is noted in the report. Page 11 of 16 Section 7-212 Reclamation No new development is proposed as a part of the application. The applicant proposes to continue the use of the Storage Yard for storage of supplies, machinery, equipment or products. Future storage may also include ranching related activities as allowed within the Rural zone district. Areas disturbed during construction of the yard are being re -vegetated as coordinated with Garfield County Vegetation Manager Steve Anthony. This site is currently being monitored by Aspen Environmental who is also maintaining the BMP's. DIVISION 3 SITE PLANNING AND DEVELOPMENT STANDARDS Section 7-301 Compatible Design The storage yard is compatible with the surrounding agricultural and industrial uses. The yard is quickly accessible from Highway 6 with vehicle circulation and parking within the —8.6 acre yard. There are no buildings on the site. The storage yard is surrounded by a 7' tall chain link fence with barbed wire on top to buffer the surrounding properties from the storage area. Roads leading to the storage yard access were previously improved. The hours of operation vary during projects. An estimated work schedule is provided in the traffic analysis located within Exhibit 8. The applicant understands that certain activities must be done between the hours of 8am to 6pm Monday through Friday as noted in Section 7- 821.D.2. Section 7-302 Building Design Not Applicable Section 7-303 Design and Scale of Development Installation of the storage yard areas was scaled back from the previous 21 acres to —8.6 acres to reduce site impacts. The existing storage yard is —8.6 acres on a leased 21 acre parcel that is located within a +1- 645 acre parcel. The storage yard constitutes less than 2% of the ranching parcel. As noted previously, the remaining 12.4 acres of the lease is not used for industrial storage. Installation of the storage yard was conducted immediately off of the private access road and Hwy 6 access to further reduce site impacts. Section 7-304 Off -Street Parking and Loading Standards Tenant employees arrive at the site in their personal vehicles, pick up work vehicles and supplies, then go to assigned work locations for the day. Heavy equipment is stored on the site to facilitate the loading and unloading of materials. The storage yard has been designed and installed so that vehicles exiting the site do not back onto public right-of-way. The parking surface is a gravel lot with a 2% grade. Page 12 of 16 A 60' access easement has been provided to the private road. The typical access road profile is a 20' wide, 2 -lane gravel access road with 2' shoulders on each side (24' cross-section). See detail in Exhibit 7. This is an existing drive as previously reviewed by Garfield County. Access to Hwy 6 has a clear site distance greater than 850' as required by the Colorado Department of Transportation. As noted previously, the yard is screened in by a 7' chain link fence topped with barb wire. Section 7-305 Landscaping and Lighting Standards The storage yard is screened from the road by the use of a fence. Areas disturbed during installation of the yard and drive have been re -vegetated and are being monitored by Garfield County Vegetation Manager Steve Anthony. This site is currently being monitored by Aspen Environmental who is also maintaining the BMP's. No new development requiring additional re -vegetation is proposed. There is no electricity on the site and no lighting. Section 7-306 Snow Storage Standards The existing storage yard is —8.6 acres on a leased 21 acre parcel that is located within a +/- 645 acre parcel. Access to the remaining 12.4 acres is available via an existing road for snow storage if necessary. Section 7-307 Roadway Standards A 60' access easement has been provided to the private road. The typical access road profile within the storage yard is a 20', 2 -lane gravel access road with 2' shoulders on each side (24' cross-section). See detail in Exhibit 7. This is an existing drive as previously reviewed by Garfield County. The existing private road access to Highway 6 was improved in 2007 under CDOT Access Permit #307041 as noted in the February 6, 2009 Traffic Memorandum. This memorandum was followed up with a Design Waiver request on March 2, 2009 requesting permission to use temporary traffic controls in lieu of constructing Hwy 6 auxiliary turn lanes. CDOT Access Permit #309083 was issued July 28, 2009 allowing for an Industrial Park — Contractors yard (Garfield County Storage Yard as noted above) with a 20 design hourly volume. Temporary traffic controls with appropriate CDOT permits are utilized for instances exceeding this volume. Exhibit 8. Daniel Roussin with CDOT Region 3 verified on February 25, 2010 that the Access permit remains effective for the extension of the existing special use permit under the Limited Impact Review Process for the storage yard as long as the traffic intensity does not increase. Access to Hwy 6 has a clear site distance greater than 850' as required by the Colorado Department of Transportation. Section 7-308 Trail and Walkway Standards Not Applicable Page 13 of 16 Section 7-309 Utility Standards Not Applicable DIVISION 4 SUBDIVISION STANDARDS AND DESIGN SPECIFICATIONS Not Applicable DIVISION 5 STANDARDS APPLICABLE TO CONSERVATION SUBDIVISION Not Applicable DIVISION 6 EXEMPT SUBDIVISION DEVELOPMENT STANDARDS Not Applicable DIVISION 7 STANDARDS FOR OVERLAY DISTRICTS Not Applicable DIVISION 8 STANDARDS FOR CERTAIN TYPES OF USES Section 7-810 Additional Standards Applicable to Industrial Use A. All fabrication, service and repair operations shall be conducted within an enclosed building or obscured by a fence, natural topography or landscaping. The materials within the existing storage yard are screened with a 7' high chained link fence with barbed wire top. B. All operations involving loading and unloading of vehicles shall be conducted on private property and shall not be conducted on a public right-of-way. All operations involving the loading and unloading of vehicles is conducted within the storage yard which is on private property. These activities are not conducted within the public right-of- way. C. All outdoor storage facilities for fuel, raw materials and products shall be screened by natural topography or enclosed by a fence or wall adequate to conceal such facilities from adjacent property. The materials within the existing storage yard are screened with a 7' high chained link fence with barbed wire top. 1. All outside storage abutting or facing a lot in a residential or commercial zone shall be screened by natural topography or enclosed by a site -obscuring fence to obstruct the storage area from view. The fence shall be of material and design that will not detract from adjacent residences. Not Applicable. Page 14 of 16 D. All industrial wastes shall be disposed of in a manner consistent with statutes and requirements of CDPHE. Understood. No waste materials or hazardous materials are stored in the existing storage yard. E. The volume of sound generated shall comply with the standards set forth in the Colorado Revised Statutes. Understood. F. Every use shall be operated so that the ground vibration inherently and recurrently generated is not perceptible without instruments at any point of any boundary line of the property Understood. G. Every use shall be so operated that it does not emit heat, glare, radiation or fumes which substantially interfere with the existing use of adjoining property or which constitutes a public nuisance or hazard. Flaring of gases, aircraft warning signal and reflective painting of storage tanks, or other legal requirements for safety or air pollution control measures shall be exempted from this provision. Understood. Section 7-821 Additional Standards Applicable to Storage Areas and Facilities A. Storage of Hazardous Materials. Flammable or explosive solids or gases shall be stored according to the manufacturer's standards and shall comply with the national, state and local fire codes and written recommendations from the appropriate local fire protection district. No hazardous materials are stored on site. B. Materials and Wastes Contained on Property. No materials or wastes shall be deposited on the property in a form or manner that may be transferred off the property by any reasonably foreseeable natural cause or force. Understood. C. Outdoor Storage Enclosed or Concealed. Outdoor storage facilities shall be enclosed or have adequate provisions to conceal these facilities from adjacent property. The existing storage yard is screened with a 7' high chained link fence with barbed wire top. D. Use and Storage of Heavy Equipment. During projects there may be equipment stored. There is also equipment usually stored within the yard to offload materials. 1. Loading and unloading activity shall be conducted on private property and not on any public right-of-way. All operations involving the loading and unloading of vehicles is conducted within the storage yard which is on private property. These activities are not conducted within the public right-of-way. 2. Repair and maintenance activity requiring use of equipment that will generate noise, odors or glare beyond the property boundaries will be conducted within a building, or outdoors during the hours of 8am to bpm Monday through Friday. Understood. Page 15 of 16 3. Storage area is not located any closer than 300 ft from an existing residential dwelling. There are no residential dwellings within 300' of the storage yard. 4. Equipment storage will be enclosed in area with screening at least 8 feet in height and obscured from view at the same elevation or lower. The existing storage yard is screened with a 7' high chained link fence with barbed wire top. 5. A minimum lot size of 5 acres that are not a platted residential subdivision shall be required. The existing storage yard is -8.6 acres and is zoned Rural. 6. The storage area for uses not associated with natural resources shall not exceed ten (10) acres in size. The existing storage yard is -8.6 acres. DIVISION 9 ADDITIONAL STANDARDS APPLICABLE TO MANUFACTURED HOME PARK Not Applicable Page 16 of 16 ARTICLE III ZONING 3-501 TABLE: RURAL, RESIDENTIAL, COMMERCIAL AND INDUSTRIAL ZONE DISTRICTS USE ZONE DISTRICT RURAL RESIDENTIAL -SUBURBAN RESIDENTIAL - URBAN Residential - Manufactured Home Park COMMERCIAL - BUSINESS COMMERCIAL -LIMITED COMMERCIAL -GENERAL INDUSTRIAL PUBLIC LANDS Place of Worship LLLL L L L L• Processing M M M• Professional Office for Conduct of Business or Profession • • • • • Public Building/Use A A A A A A A A• Public Gathering A A A A • Recycling Collection Center L L L L L• Recycling Processing Facility M M M M M• Retail Facility A A A A • • • Retail/Wholesale: Bulk Sales of LPG (more than 2000 gallons) M M • Retail/Wholesale: Electronic, Mechanical and Plumbing Supplies ' • • ' Retail/Wholesale: Industrial Equipment, Vehicle Sales and Leasing ' ' ' Salvage Yard M M M• Sewage Treatment Facility L L L L L L L L• Small Temporary Housing Facility(ies) • • • • • • • • • Solar Power Generating Systems M MMMM • Solid Waste Disposal Site & Facility M M• Solid Waste Transfer Facility MMMML L L L• Storage: Accessory Storage/Warehousing of Materials or Equipment Within a Building M • • • Storage: Cold Storage Plants • • • • Storage: Hazardous Materials Requiring a Special State or Federal Permit M M M M • Storage: Supplies, Machinery, Equipment or Products L Storage, Repair and Dispatch Center for Transit Uses M L L • GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 3-30 tfrier PLANNERS / ARCHITECTS 5 -mile Ranch —Storage Yard LIMITED IMPACT REVIEW APPLICATION EXHIBIT 3 - PROPERTY DEED 1111111 11111 111111 11111 11111 111111 1111110 1111111111111 574813 01/10/2001 04:35P B1226 P677 11 RLSDORF 1 of 10 R 50.00 D 223.20 GARFIELD COUNTY CO Filed for record the day of Reception No. Ra_aautc.2794 Pt'.GE247 1981058 01/24/01 0103PM MONIKA TODD CLEE&RED 7Esh COUNTY Co REcFEE $50.00 DODUNENTARY FEE $52.20 at o'clock M. By RECORDER.i DEPUTY. WARRANTY DEED T11I8 DEED, Made on this day of January 10 2001 between WAYNE RUDD of the County of EAGLE and State of Colorado of the Grantor(s), and SPECIALTY RESTAURANTS CORPORATION AS TO AN 80 PERCENT INTEREST AND STOCKTON RESTAURANT CORPORATION AS TO A 20 PERCENT INTEREST whose legal address is : 4155 EAST LA PALMA AVENUE, SULTS 250 ANAHEIM, CA 72807 of the County of and State of California WITNESS, That the Grantor(s), for and in consideration of the sum of ( $2,754,0 *** Two Million Seven Hundred Fifty Four Thousand and 00/100 *** the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold presents does grant, bargain, sell, convey and confirm unto the Grantee(s), his heirs and real property, together with improvements, if any, situate, lying and being in the GARFIELD and State of Colorado, described as follows: SEE EXHIBIT "A' ATTACHED HERETO AND MADE A PART HEREOF, also known as street number FIVE MILE RANCH of the Grantee(s): 00.00 DOLLARS and conveyed, and by these assigns forever, all the County of TOGETHER with ell and singular and hereditaments and appurtenances thereto belonging, or in anywise appertaining and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and alt the estate, right title interest, claim and demand whatsoever of the Grantor(s), either in law or equity, of, in and to the above bargained premises, with the hereditaments and_ appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described with appurtenances, unto the Grantee(s), his heirs and assigns forever. The Grantor(s), for himself, his heirs and personal representatives, does covenant, grant, bargain, and agree to and with the Grentee(s), his heirs and assigns, that at the time of the enseating and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and ,Sat the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, EXCEPT GENERAL TAXES AND ASSESSMENTS FOR THE YEAR 2001 AND SUBSEQUENT YEARS, AND SUBJECT TO EXCEPTIONS ATTACHED HERETO AND INCORPORATED HEREIN. AS EXHIBIT E, AND EXCEPT ANY AND ALL EASEMENTS AND RIGHTS -OP -WAY VISIBLE AND APPARENT, WHETHER OR NOT OF RECORD. The Grantor(s) shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the Grantee(s), his heirs and assigns, against alt and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, and the plural the singular, and the use of any gender shalt be applicable to all genders PROVIDED, HOWEVER, THAT ALL THAT PORTION OF THE ABOVE* IN WITNESS WHEREOF the Grantor(s) has executed thisdeedon the date set forth above. DESCRIBED PROPERTY LYING SOUTHERLY OF THE NORTH MEANDER LINE OF THE COLORADO RIVER (THE MEANDER LANDS") ARE NOT TO BE INCLUDED 'muJl ZTHIN THE FOREGOING WARRANTIES, BUT WAY RUDD ARE HEREBY CONVEYED WITH ONLY SPECIAL WARRANTY AS SUCH TERM IS DEFINED IN C.R.S. 38-30-115. STATE OF . Colorado ) )ss. County of GARFIELD ) The foregoing instrument was acknowledged before me on this day of January 10, 2001 by WAYNE RUDD My commission Witness my me and Address .f Perso Escrow# M4234705 Titeq GW234705 My 00 )1 Notafy Publi7' al Descripti•n (39/35-106.5, C.R.S.k When Recorded Return to Form No. 932 Rat' 4-94. WARRANTY DEED (Photographic Record WD.oPEN) LAND TITLE GUARANTEE COMPANY 817 COLORADO AVE. GLENVICT SPRINGS, CO 81601 9A� III1Q IIIQ 11110 11111 11111 111111 IIIII III 111111111 1111 •574813 01/10/2001 04:35P B1226 P679 M RLSDORF 3 of 10 R 50.00 D 223.20 GARFIELD COUNTY CD EXHIBIT A PARCEL C: B ooK2'794 PAG249 A PARCEL OF LAND IN PORTIONS OF SECTIONS 32, 33, AND 28, TOWNSHIP 7 SOUTH, RANGE 96 WEST OF THE SIXTH PRINCIPAL MERIDIAN, GARFIELD COUNTY, COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT THE CORNER FOR SAID SECTIONS 32 AND 33 AND SECTIONS 4 AND 5, TOWNSHIP 8 SOUTH, RANGE 96 WEST; THENCE ALONG THE SOUTH LINE OF THE EAST 1/2 OF SAID SECTION 32, SOUTH 88 DEGREES 55' 00" WEST 222.18 FEET TO THE SOUTHERLY RIGHT OF WAY POR THE DENVER AND RIO GRANDE, WESTERN RAILROAD; THENCE ALONG SAID RIGHT OF WAY THE FOLLOWING 11 COURSES: 1. ALONG A NON -TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 1532.68 FEET, A CENTRAL ANGLE OF 27 DEGREES 31' 13", AN ARC LENGTH OF 736.18 FEET, THE CHORD OF WHICH BEARS NORTH 49 DEGREES 35' 07" EAST 729.12 FEET; 2. NORTH 34 DEGREES 58' 01" EAST 127.94 FEET; 3. NORTH 34 DEGREES 08' 00" EAST 3498.67 FEET; 4. NORTH 34 DEGREES 28' 00" EAST 98.83 FEET; 5. ALONG A NON -TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 2764.94 FEET, A CENTRAL ANGLE OF 06 DEGREES 16' 38", AN ARC LENGTH OF 302.92 FEET, THE CHORD OF WHICH HEARS NORTH 37 DEGREES 56' 24" EAST 302.76 FEET TO THE WEST LINE OF LOT 2 IN SAID SECTION 33; 6. ALONG SAID WEST LINE NORTH 00 DEGREES 30' 00" WEST 74.51 FEET; 7. ALONG A NON -TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 2814.94 FEET, A CENTRAL ANGLE OF 12 DEGREES 36' 08", AN ARC LENGTH OF 619.14 FEET, THE CHORD OF WHICH BEARS NORTH 48 DEGREES 30' 51" EAST 617.90 FEET; 8. NORTH 55 DEGREES 09' 00" EAST 99.42 FEET; 9. NORTH 55 DEGREES 29' 00" EAST 2164.48 FEET TO THE NORTH LINE OF SAID SECTION 33; 10. ALONG SAID NORTH LINE NORTH 89 DEGREES 23' 32" EAST 89.63 FEET; 11. NORTH 55 DEGREES 29' 00" EAST 283.11 FEET TO THE EAST LINE OF SAID SECTION 28; THENCE LEAVING SAID RAILROAD RIGHT OF WAY ALONG SAID EAST LINE SOUTH 01 DEGREES 57' 23" EAST 157.98 FEET TO THE CORNER FOR SECTIONS 27, 28, 33 AND 34; THENCE ALONG THE EAST LINE OP SAID SECTION 33, SOUTH 00 DEGREES 01' 53" EAST 769.37 FEET TO THE NORTHEAST CORNER OF THAT PARCEL DESCRIBED IN BOOR 590 AT PAGE 643; THENCE ALONG THE SAID PARCEL SOUTH 88 DEGREES 50' 06" WEST 786.00 FEET; THENCE CONTINUING ALONG THE SAID PARCEL SOUTH 00 DEGREES 01' 53" EAST 300.00 FEET; THENCE CONTINUING ALONG THE SAID PARCEL NORTH 88 DEGREES 50' 06" EAST 786.00 FEET TO THE EAST LINE OF SAID SECTION 33; THENCE ALONG SAID EAST LINE SOUTH 00 DEGREES 01' 53" EAST 300.00 FEET TO THE NORTH 1/16 CORNER BETWEEN SECTIONS 33 AND 34; THENCE ALONG THAT LINE DESCRIBED IN BOOR 67 AT PAGE 132, SOUTH 17 DEGREES 44' 55" WEST 1065.70 FEET TO THE CENTERLINE OF THE COLORADO RIVER AS AGREED TO IN BOOK 602 AT PAGE 964; THENCE ALONG SAID CENTERLINE THE FOLLOWING 9 COURSES: 1. NORTH 69 DEGREES 04' 13" WEST 1170.74 FEET; 2. SOUTH 85 DEGREES 15' 21" WEST 324.97 FEET; 3. SOUTH 59 DEGREES 20' 30" WEST 316.71 FEET; 4. SOUTH 48 DEGREES 53' 02" WEST 337.31 FEET; 5. SOUTH 20 DEGREES 46' 48" WEST 328.61 FEET; 6. SOUTH 11 DEGREES 57' 01" WEST 859.10 FEET; 7. SOUTH 64 DEGREES 03' 25" WEST 1512.73 FEET; 8. SOUTH 12 DEGREES 05' 25" WEST 508.82 FEET; 9. SOUTH 18 DEGREES 08' 35" E 79.95 FEET TO THE MEANDER LINE OF THE COLORADO RIVER; THENCE ALONG THE MEANDER LINE SOUTH 34 DEGREES. 48' 19" WEST 960.63 FEET TO THE SOUTH LINE OF SECTION 33; THENCE ALONG SAID SOUTH LINE SOUTH 89 DEGREES 01' 48" WEST 714.44 FEET TO THE POINT OF BEGINNING. PARCEL D: THAT REAL PROPERTY SITUATE IN THE COUNTY OF GARFIELD, STATE OF COLORADO, SECTION 33, TOWNSHIP 7 SOUTH, RANGE 96 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COMMENCING AT THE SOUTHEAST CORNER OF THE NE1/4NE1/4; THENCE WESTERLY ALONG THE SOUTH LINE OF SAID NE1/4NE1/4 786 FEET; THENCE NORTH 00 DEGREES 01' 28" WEST 300 FEET TO THE TRUE POINT OF BEGINNING; THENCE EASTERLY AND PARALLEL TO SAID SOUTH LINE 786 FEET; THENCE NORTH 00 DEGREES 01' 28" WEST 300 FEET; THENCE WESTERLY AND PARALLEL TO SAID SOUTH LINE 786 FEET; THENCE SOUTH 00 DEGREES 01' GW234705 .111/11111 111111 11111 1111111111 1111II 1111111111111 574813 01/10/2001 04:35P 81226 P681 M ALSDORF 5 of 10 R 50.00 D 223.20 GARFIELD COUNTY CO :EXHIBIT A BooK2794 P'eoma251 TOWNSHIP 8 SOUTH, RANGE 97 WEST OF THE SIXTH PRINCIPAL MERIDIAN SECTION 12: S1/2SE1/4 THAT PORTION OF THE SW1/4 LYING EASTERLY OF THE EAST RIGHT OF WAY OF INTERSTATE 70. ALSO TOGETHER WITH: PARCEL 2: THAT PORTION OF THE FOLLOWING DESCRIBED PROPERTY LYING SOUTHERLY AND EASTERLY OF THE SOUTHERLY RIGHT OF WAY OF HIGHWAY 6 & 24:: TOWNSHIP 8 SOUTH, RANGE 97 WEST OF THE SIXTH PRINCIPAL MERIDIAN SECTION 13: NE1/4NW1/4 N1/2NE1/4 COUNTY OF GARFIELD STATE OF COLORADO TOGETHER WITH PARCEL 1: THAT PORTION OF THE FOLLOWING DESCRIBED LAND LYING WITHIN THE COUNTY OF MESA, STATE OF COLORADO: LOTS 2, 3 11, 12 AND 13 SECTION 7, TOWNSHIP 8 SOUTH, RANGE 96 WEST OF THE SIXTH PRINCIPAL MERIDIAN COUNTY OF MESA STATE OF COLORADO PARCEL 2: THAT PORTION OF THE FOLLOWING DESCRIBED LAND LYING WITH THE COUNTY OF MESA STATE OF COLORADO: ALL THAT PORTION OF THE FOLLOWING DESCRIBED PROPERTY LYING SOUTHERLY AND EASTERLY OF THE SOUTHERLY RIGHT-OF-WAY OF HIGHWAY 6 AND 24: TOWNSHIP 8 SOUTH RANGE 97 WEST OF THE 6TH PRINCIPAL MERIDIAN: SECTION 13: NE1/4, N1/2SE1/4, NE1/4NW1/4 LESS AND EXCEPT THAT PARCEL OF LAND AS DESCRIBED IN DEED RECORDED MAY 28 1982 IN BOOR 1374 AT PAGE 692, MESA COUNTY OFFICIAL RECORDS. COUNTY OF MESA STATE OF COLORADO GW234705 1 111111111111111111111111111111111111111111111111111111 574813 01/10/2001 04:35P 61226 P683 M ALSDORF 7 of 10 R 50.00 0 223.20 GARFIELD COUNTY CO ii cuc.27'94 PrsaE253 EXHIBIT B Our Order No. GW234705 TO THE LOCATION OP SUCH CENTER THREAD, BED, BANK OR CHANNEL AS A LEGAL DESCRIPTION MONUMENT OR MARKER FOR PURPOSES OF DESCRIBING OR LOCATING SUBJECT LANDS. EASEMENTS AND RIGHTS OF WAY AS CONTAINED IN DEED RECORDED JANUARY 5, 1951 IN BOOK 257 AT PAGE 523. EASEMENT AGREEMENT WITH THE MOUNTAIN STATES TELEPHONE AND TELEGRAPH COMPANY RECORDED JULY 14, 1937 IN BOOK 186 AT PAGE 593 AND AT PAGE 194 AND AGREEMENT RECORDED FEBRUARY 25, 1939 IN BOOK 195 AT PAGE 26. RIGHT OF WAY AGREEMENT WITH PUBLIC SERVICE COMPANY OP COLORADO RECORDED AUGUST 6, 1941 IN BOOK 205 AT PAGE 214. UNDIVIDED 2/3 INTEREST IN ALL OIL, GAS AND OTHER MINERALS AS CONTAINED IN QUIT -CLAIM DEED RECORDED AUGUST 16, 1965 IN BOOK 368 AT PAGE 542. RESERVATIONS OF ALL OIL, GAS AND OTHER MINERALS AS CONTAINED IN WARRANTY DEED RECORDED AUGUST 16, 1965 IN BOOK 368 AT PAGE 569. RESERVATIONS OF MINERALS AS CONTAINED IN DEED RECORDED MARCH 3, 1966 IN BOOK 374 AT PAGE 456, RIGHT OF WAY EASEMENT WITH THE MOUNTAIN STATES TELEPHONE AND TELEGRAPH COMPANY RECORDED APRIL 16, 1980 IN BOOK 546 AT PAGE 942. EASEMENTS AND RIGHTS OF WAY AS CONTAINED IN DEED RECORDED MAY 3, 1982 IN BOOK 598 AT PAGE 508. EASEMENTS AND RIGHTS OF WAY OVER AND ACROSS LOT 4 I SAID SECTION 5 AND THE SW1/4SW1/4 OF SAID SECTION 32 FOR ACCESS AS GRANTED BY INSTRUMENT RECORDED JUNE 16, 1965 IN BOOK 366 AT PAGE 571. EASEMENTS AND RIGHTS OF WAY OF THE COLORADO TELEPHONE COMPANY AS GRANTED 114 INSTRUMENT RECORDED NOVEMBER 1, 1907 IN BOOK 69 AT PAGE 180. EASEMENTS AND RIGHTS OF WAY OF THE WILLCOX CANAL AND THE WILLCOX CANAL COMPANY AS GRANTED IN INSTRUMENT RECORDED JULY 8, 1910 IN BOOK 80 AT PAGE 155 AND INSTRUMENT RECORDED NOVEMBER 30, 1910 IN BOOK 62 AT PAGE 486. EASEMENTS AND RIGHTS OF WAY OF PUBLIC SERVICE COMPANY OF COLORADO AS GRANTED BY INSTRUMENT RECORDED JULY 21, 1930 IN BOOK 161 AT PAGE 488. EASEMENTS OF STATE HIGHWAY DEPARTMENT OF COLORADO AS GRANTED BY INSTRUMENT RECORDED NOVEMBER 25, 1950 IN BOOK 255 AT PAGE 273. Acuity IIIA !nil 11111 IIIA 111111 IIIA III IIIA 1111 Illi .574813 01/10/2001 04:35P 81228 P885 M flLSDORF 9 of 10 R 50.00 D 223.20 GPRFIELD COONTYCO BooK2794 PPSGE255 EXHIBIT B Our Order No. GW234705 TERMS, CONDITIONS AND PROVISIONS OF OIL AND GAS LEASE RECORDED DECEMBER 07, 1992 IN BOOK 849 AT PAGE 154, AND ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN NOTE: CORRECTION AND AMENDMENT TO SAID OIL AND GAS LEASE RECORDED MAY 14, 1993 IN BOOK 862 AT PAGE 530. RESERVATION OP ALL OIL, GAS OR OTHER MINERAL RIGHTS AS RESERVED IN DEED RECORDED APRIL 7, 1995 IN BOOK 936 AT PAGE 727, AND ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN. RESERVATIONS OF ALL OIL, GAS AND HYDROCARBONS AS RESERVED IN DEEDS RECORDED JANUARY 13, 1982 IN BOOK 590 AT PAGE 643 AND RECORDED SEPTEMBER 6, 1995 IN BOOK 952 AT PAGE 221. OIL AND GAS LEASE RECORDED APRIL 8, 1996 IN BOOK 973 AT PAGE 110, AND ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN. OIL AND GAS LEASE RECORDED OCTOBER 28, 1997 IN BOOK 1040 AT PAGE 254, AND ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN. EASEMENTS AND RIGHTS OF WAY AS SHOWN ON THE LAND SURVEY PLAT DATED MARCH 9, 1995 PREPARED BY BARRY HAAG. ANY AND ALL PROPRIETARY INTEREST IN AND TO THE PROPERTY CONVEYED TO THE RIO GRANDE RAILWAY COMPANY IN INSTRUMENT RECORDED MAY 27, 1938 IN BOOK 181 AT PAGE 186 AND INSTRUMENT RECORDED DECEMBER 2, 1889 IN BOOK 3 AT PAGE 404. EASEMENTS AND RIGHTS OF WAY FOR THE DENVER AND RIO GRANDE - UNION PACIFIC RAILROAD AS CONSTRUCTED AND IN PLACE. EASEMENTS AND RIGHTS OF WAY AS CONTAINED IN INSTRUMENT RECORDED DECEMBER 2, 1999 IN BOOK 1162 AT PAGE 895. TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED July 31, 2000 IN BOOK 1199 AT PAGE 616. EXCEPTIONS 11 THROUGH 56 AFFECT GARFIELD COUNTY PORTION RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE POUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED May 04, 1995, IN BOOK 2142 AT PAGE 807. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED October 23, 1926, IN BOOK 295 AT PAGE 505 AND RECORDED MAY 4, 1995 IN BOOK 2142 AT PAGE 807. 111111111111111111111111111111111111111-111 111111111 1111 • 574814 01/10/2001 04:38P 81226 P687 M HLSDORF :,f g P 25.00 D 0.00 GARFIELD COUNTY CO I;y;ya; r:t3CM s?,crrlY QUIT CLAIM DEED °._`0coi[2794 . PfiG 25! 1981059 01/24/01 0103Pi"i NONEM..A TODD CLKAREC ME'sACNJNTY CO RECFEE $25.00 DOCUMENTARY FEE $No FEE THIS DEED, made this 10th day of January , 2001 between WAYNE RUDD grantor, whose street address is: 0132 PARK AVENUE, BASALT, CO 81621 County of EAGLE , State of Colorado , for the consideration of Ten Dollars and other good and valuable consideration* * * * * * * Dollars inhand paid, hereby sells and quitclaims to: SPECIALTY RESTAURANTS CORPORATION AS TO AN 80 PERCENT INTEREST AND STOCKTON RESTAURANT CORPORATION AS TO A 20 PERCENT INTEREST ❑ Joint Tenants 0 Tenants in Comaon grantee, whose street address is: 4155 EAST LA PALMA AVENUE, SUITE 250, ANAHEIM, CA 72907 County of , State of California , the following legally described water rights: ANY AND ALL WATER AND WATER RIGHTS, DITCH AND DITCH RIGHTS, WELLS, SEEPS AND SPRINGS, INCLUDING WITHOUT LIMITATION, THOSE WATER RIGHTS AD- JUDICATED IN DECREE ENTERED IN CASE NO. 96CW384 IN THE DISTRICT COURT FOR WATER DISTRICT NO. 5. - Appurtenant to: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART THEREOF Signed as of the day and year first above writen. State of Colorado ) )ss. County of GARFIELD ) The foregoing instrument was acknowledged before me this 10th day of January 2001 by WAYNE RUDD Witness my hand and o My co GW234705 Farm WATER.00D (6-8-99) J 44,4 - Notary ubli6 ) / LAND TITLE GUARANTEE COMPANY 817 COLORADO AVE. GLENWOOD SPRINGS, CO 81601 j 1111111 11111 111111 11111 11111111 101111!III 11111 1011111 574814 01/10/2001 04:38P 61226 P689 M RLSDORF 3 of 5 R 25.00 D 0 00 GARFIELD COUNTY CO EXHIBIT A PARCEL C: S0ok2794 Pf,l3 259 A PARCEL OF LAND IN PORTIONS OF SECTIONS 32, 33, AND 28, TOWNSHIP 7 SOUTH, RANGE 96 WEST OF THE SIXTH PRINCIPAL MERIDIAN, GARFIELD COUNTY, COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT THE CORNER FOR SAID SECTIONS 32 AND 33 AND SECTIONS 4 AND 5, TOWNSHIP 8 SOUTH, RANGE 96 WEST; THENCE ALONG THE SOUTH LINE OF THE EAST 1/2 OF SAID SECTION 32, SOUTH 88 DEGREES 55' 00" WEST 222.18 FEET TO THE SOUTHERLY RIGHT OF WAY FOR THE DENVER AND RIO GRANDE, WESTERN RAILROAD; THENCE ALONG 5AID RIGHT OF WAY THE FOLLOWING 11 COURSES: 1. ALONG A NON -TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 1532.68 FEET, A CENTRAL ANGLE OF 27 DEGREES 31' 13", AN ARC LENGTH OF 736.18 FEET, THE CHORD OF WHICH BEARS NORTH 49 DEGREES 35' 07" EAST 729.12 FEET; 2. NORTH 34 DEGREES 58' 01" EAST 127.94 FEET; 3. NORTH 34 DEGREES 08' 00" EAST 3498.67 FEET; 4. NORTH 34 DEGREES 28' 00" EAST 98.83 FEET; 5. ALONG A NON -TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 2764.94 FEET, A CENTRAL ANGLE OF 06 DEGREES 16' 38", AN ARC LENGTH OF 302.92 FEET, THE CHORD OF WHICH BEARS NORTH 37 DEGREES 56' 24" EAST 302.76 FEET TO THE WEST LINE OF LOT 2 IN SAID SECTION 33; 6. ALONG SAID WEST LINE NORTH 00 DEGREES 30' 00" WEST 74.51 FEET; 7. ALONG A NON -TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 2814.94 FEET, A CENTRAL ANGLE OF 12 DEGREES 36' 08", AN ARC LENGTH OF 619.14 FEET, THE CHORD OF WHICH BEARS NORTH 48 DEGREES 30' 51" EAST 617.90 FEET; 8. NORTH 55 DEGREES 09' 00" EAST 99.42 FEET; 9. NORTH 55 DEGREES 29' 00" EAST 2164.48 FEET TO THE NORTH LINE OF SAID SECTION 33; 10. ALONG SAID NORTH LINE NORTH B9 DEGREES 23' 32" EAST 89.63 FEET; 11. NORTH 55 DEGREES 29' 00" EAST 283.11 FEET TO THE EAST LINE OF SAID SECTION 28; THENCE LEAVING SAID RAILROAD RIGHT OF WAY ALONG SAID EAST LINE SOUTH 01 DEGREES 57' 23" EAST 157.98 FEET TO THE CORNER FOR SECTIONS 27, 28, 33 AND 34; THENCE ALONG THE EAST LINE OF SAID SECTION 33, SOUTH 00 DEGREES 01' 53" EAST 769.37 FEET TO THE NORTHEAST CORNER OF THAT PARCEL DESCRIBED IN BOOK 590 AT PAGE 643; THENCE ALONG THE SAID PARCEL SOUTH 68 DEGREES 50' 06" WEST 786.00 FEET; THENCE CONTINUING ALONG THE. SAID PARCEL SOUTH 00 DEGREES 01' 53" EAST 300.00 FEET; THENCE CONTINUING ALONG THE SAID PARCEL NORTH 88 DEGREES 50' 06" EAST 786.00 FEET TO THE EAST LINE OF SAID SECTION 33; THENCE ALONG SAID EAST LINE SOUTH 00 DEGREES 01' 53" EAST 300.00 FEET TO THE NORTH 1/16 CORNER BETWEEN SECTIONS 33 AND 34; THENCE ALONG THAT LINE DESCRIBED IN BOOK 67 AT PAGE 132, SOUTH 17 DEGREES 44' 55" WEST 1065.70 FEET TO THE CENTERLINE OF THE COLORADO RIVER AS AGREED TO IN HOOK 602 AT PAGE 964; THENCE ALONG SAID CENTERLINE THE FOLLOWING 9 COURSES: 1. NORTH 69 DEGREES 04' 13" WEST 1170.74 FEET; 2. SOUTH 85 DEGREES 15' 21" WEST 324.97 FEET; 3. SOUTH 59 DEGREES 20' 30" WEST 316.71 FEET; 4. SOUTH 48 DEGREES 53' 02" WEST 337.31 FEET; 5. SOUTH 20 DEGREES 46' 48" WEST 328.61 FEET; 6. SOUTH 11 DEGREES 57' 01" WEST 859.10 FEET; 7. SOUTH 64 DEGREES 03' 25" WEST 1512.73 FEET; 8. SOUTH 12 DEGREES 05' 25" WEST 508.82 FEET; 9. SOUTH 18 DEGREES 08' 35" E 79.95 FEET TO THE MEANDER LINE OF THE COLORADO RIVER; THENCE ALONG THE MEANDER LINE SOUTH 34 DEGREES 48' 19" WEST 960.63 FEET TO THE SOUTH LINE OF SECTION 33; THENCE ALONG SAID SOUTH LINE SOUTH 89 DEGREES 01' 48" WEST 714.44 FEET TO THE POINT OF BEGINNING. PARCEL D: THAT REAL PROPERTY SITUATE IN THE COUNTY OF GARFIELD, STATE OF COLORADO, SECTION 33, TOWNSHIP 7 SOUTH, RANGE 96 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COMMENCING AT THE SOUTHEAST CORNER OF THE NE1/4NE1/4; THENCE WESTERLY ALONG THE SOUTH LINE OF SAID NE1/4NE1/4 786 FEET; THENCE NORTH 00 DEGREES 01' 28" WEST 300 FEET TO THE TRUE POINT OF BEGINNING; THENCE EASTERLY AND PARALLEL TO SAID SOUTH LINE 786 FEET; THENCE NORTH 00 DEGREES 01' 28" WEST 300 FEET; THENCE WESTERLY AND PARALLEL TO SAID SOUTH LINE 786 FEET; THENCE SOUTH 00 DEGREES 01' 0W434705 111111 IIIII 11111 1111 11111111 1111111III 11111 111 1111 574814 01/10/2001 04:38P 81226-P691 M RLSDORF 5 of 5 R 25.00 0 0,00 GARFIELD COUNTY CO EXHIBIT A ESva:,Y;.27?4 PF1,0E261 TOWNSHIP 8 SOUTH, RANGE 97 WEST OF THE SIXTH PRINCIPAL MERIDIAN_ SECTION 12: S1/2SE1/4, THAT PORTION OF THE SW1/4 LYING EASTERLY OF THE EAST RIGHT OF WAY OF INTERSTATE 70. ALSO TOGETHER WITH: PARCEL 2: THAT PORTION OF THE FOLLOWING DESCRIBED PROPERTY LYING SOUTHERLY AND EASTERLY OF THE SOUTHERLY RIGHT OF WAY OF HIGHWAY 6 & 24:: TOWNSHIP 8 SOUTH, RANGE 97 WEST OF THE SIXTH PRINCIPAL MERIDIAN SECTION 13: NE1/4NW1/4 N1/2NE1/4 COUNTY OF GARFIELD STATE OF COLORADO TOGETHER WITH PARCEL 1: THAT PORTION OF THE FOLLOWING DESCRIBED LAND LYING WITHIN THE COUNTY OF MESA, STATE OF COLORADO: LOTS 2, 3, 11, 12 AND 13 SECTION 7, TOWNSHIP 8 SOUTH, RANGE 96 WEST OF THE SIXTH PRINCIPAL MERIDIAN COUNTY OF MESA STATE OF COLORADO PARCEL 2: THAT PORTION OF THE FOLLOWING DESCRIBED LAND LYING WITH THE COUNTY OF MESA, STATE OF COLORADO: ALL THAT PORTION OF THE FOLLOWING DESCRIBED PROPERTY LYING SOUTHERLY AND EASTERLY OF THE SOUTHERLY RIGHT-OF-WAY OF HIGHWAY 6 AND 24: TOWNSHIP 8 SOUTH, RANGE 97 WEST OF THE 6TH PRINCIPAL MERIDIAN: SECTION 13: NE1/4, N1/2SE1/4, NE1/4NW1/4 LESS AND EXCEPT THAT PARCEL OF LAND AS DESCRIBED IN DEED RECORDED MAY 28, 1982 IN BOOK 1374 AT PAGE 692, MESA COUNTY OFFICIAL RECORDS. COUNTY OF MESA STATE OF COLORADO GW234705 bhilthem PLANNERS / ARCHITECTS 5 -mile Ranch —Storage Yard LIMITED IMPACT REVIEW APPLICATION EXHIBIT 4 - ASSESSOR'S MAP - ADJACENT LAND OWNERS LO az bu!uPiPv firi-oa-isc,-zott 136.1-1P 1111 DIMYYt 1142 emo!ofPv n .._ \ N:-'" - ,.. • \ • \\,‘Nkik, _, \‘‘. , _ ,L \ \ ‘. r ,`•° I I Riga Z;t1P,, 0 ' 77,9 ® , @ !IV ® ® IT' ® 1 + . .... 4 , .4.4.708 1 H 4111611) ,.. \ , '.. CI4 72-:6 ,----72447-064-00-057 '`... L :?. z.--, _ , P Psi % l'? i 1: ... —,, 7 T , , -4 .., , i '' , s 2 8 e 1, ,_. _ k \val gl ,, ® YOE ® t —I 1.. 1 M8-91 ON !WY mum I., 4, .4 41; .. • , r , 136.1-1P 1111 DIMYYt 1142 emo!ofPv a a E k S s 9 I B Mesa County Assessors Office P.O. Box 20000 544 Rood Avenue Grand Junction, CO 81502 Report Date: 2/26/2010 Property Information Parcel Num.: Account Num. Location: Mailing Add.: Owner Joint Owner: Neighborhood Assoc. Parcel: Title Status: Property Use: Ac.(Unofficial) Lat/Lon: Legal Sum.: 2447-072-00-025 R000971 8191 E KAISER BLVD ANAHEIM, CA 92808 5 MILE RANCH LLC AREA 28 (28.00) Residential 125.683 39.36442114,-108.15190372 THAT PT OF LOTS 2-3-11-12 + 13 SEC 7 8S 96W LYG IN MESA CO Air Photography Dates from 2007 Tax Year Information a (A III1 p. (Actual) Land (Actual) Totl (Actual) Imp. (Assd.) Land (Assd.) Total (Assd) Coa Mi Levey ' S Taxal Taxes 2010 0550 $0.00 $345,200.00 $345,200.00 $0.00 $100,110.00 $100,110.00 30205 0.0227 $0.00 12,272.50 2009 0550 $0.00 $345200.00 $345,200.00 $0.00 $100,110.00 $100,110.00 30205 0.0227 $0.00 $2,272.48 2008 0550 *Current $0.00 $145,800.00 Estimated $145,800.00 Tax is Using $0.00 Previous $42,280.00 Year's $42,280.00 Mill 30205 Levy December 0.02974 (Mill Levy $0.00 Determined of Current $1,257.67 in Year) Agencies for Tax Area Code (TAC) Year 2010 2010 2010 Agency Abbrev. BWCD COLRW DFPD Agency Name BLUESTONE WATER CONS DIST COLORADO RIVER WATER DEBEQUE FIRE PROTECT DIST TAC Code 30205 30205 30205 Totals Mill Levy 0.0060 0.1660 2.5550 2.7270 Total (Assessed) $100,110.00 $100,110.00 $100,110.00 Taxes Per Agency $0.60066 $16.61826 $255.78105 $273.00* *Current Estimated Tax is Using Previous Year's Mill Levy (Mill Levy Determined in December of Current Year) Land Description Year Prop. Use Code Prop. Use Type Acres Sq. Ft. Units 2010 0550 35 AC NO MORE THAN 100 AC 3 0 Mesa County Assessors Office P.O. Box 20000 544 Rood Avenue Grand Junction, CO 81502 Report Date: 2/26/2010 Property Information Parcel Num.: 2447-071-00-918 Account Num.: R000970 Location: Mailing Add.: 125 S STATE ST MAIL RM 6107 SALT LAKE CITY, UT 84138 Owner USA Joint Owner: BUREAU OF RECLAMATION Neighborhood: AREA 28 (28.00CM) Assoc. Parcel: Title Status: Property Use: Exempt Ac. (Unofficial): 12.797 Lat/Lon: Legal Sum.: 39.36513590, -108.14337034 THAT PT OF LOT 8 SEC 7 8S 96W LYG IN MESA CO - 10.00AC Air Photography Dates from 2007 Tax Year Information code (Actual) Land (Actual) Total (Actual) Imp. (Assd.) Land (Assd.) (As dl) coo Levley lSTaxal Taxes 2010 9114 $0.00 $150.00 $150.00 $0.00 $40.00 $40.00 30205 0.0227 $0.00 *$0.00 2009 9114 $0.00 $150.00 $150.00 $0.00 $40.00 $40.00 30205 0.0227 $0.00 $0.00 2008 9114 $0.00 $140.00 $140.00 $0.00 $40.00 $40.00 30205 0.02974 $0.00 $0.00 *Current Estimated Tax is Using Previous Year's Mill Levy (Mill Levy Determined in December of Current Year) Agencies for Tax Area Code (TAC) Year 2010 2010 2010 Agency Abbrev. BWCD COLRW DFPD Agency Name BLUESTONE WATER CONS DIST COLORADO RIVER WATER DEBEQUE FIRE PROTECT DIST TAC Code 30205 30205 30205 Mill Levy 0.0060 0.1660 2.5550 Total (Assessed) $40.00 $40.00 $40.00 Totals: 2.7270 *Current Estimated Tax is Using Previous Year's Mill Taxes Per Agency $0.00024 $0.00664 $0.1022 $0.11 * evy (Mill Levy Determined in December of Current Year) Land Description Year Prop. Use Code Prop. Use Type Acres Sq. Ft. Units 2010 9114 BUREAU LAND MANAGEMENT 10 0 Yvonne Bryant From: Patrick [patrick@cwtrifle.com] Sent: Wednesday, March 17, 2010 11:22 AM To: 'Yvonne Bryant' Cc: Toby Guccini'; 'Alex Lopez'; 'Dennis Stahl' Subject: RE: 5 -mile ranch Storage yard parcel - Mineral Rights Owners I ran a search for mineral owners as identified by the county assessor in the sections, townships and ranges of the subject parcel in Garfield County and found none. I spoke to Bev at the Recorder's Office to find out if the keep an index of mineral owner that have requested notice as required by the statute and she said they do not. It appears to me based on the statute that identifyingpotential owners through leases and reservations noted on deeds of record more than adequately complies with the notice requirement. I therefore will provide the owners and their address I discussed in prior emails, in accordance with my discussions with Yvonne. Let me know ifyou have any questions. Thank you, Patrick P. Burwell Commonwealth Title Company of Garfield County, Inc. 127 East 5th Street Rifle, Colorado 81650 Phone: (970) 625-3300 Facsimile: (970) 625-3305 From: Yvonne Bryant [mailto:ybryant@bhhpartners.com] Sent: Wednesday, March 17, 2010 9:52 AM To: 'Patrick' Cc: 'Toby Guccini'; 'Alex Lopez'; 'Dennis Stahl' Subject: RE: 5 -mile ranch Storage yard parcel - Mineral Rights Owners Patrick — I've attached the CRS section that pertains to noticing of mineral rights owners and how to identify them. A mineral estate owner is identified as: 1. Is identified as a mineral estate owner in the county tax assessors records, if those records are searchable by parcel # or by section, township & range # or other legally sufficient description; 2. Has filed in the office of the county clerk & recorder in which the real property is located a request for notification in the form specified elsewhere in the statute. This statute notes that if the records do not identify the mineral estates owners pursuant to this statutes requirements, then the applicant shall be deemed to have acted in good faith and isn't subject to any further obligations. Yvonne C. Bryant, AIA, APA Architect/Planner/Interior Designer LJ PO Box 931 160 East Adams Breckenridge, CO 80424 PH: 970-453-6880 3/19/2010 Owner's within 200 feet of attached Parcel Parcel # Owner Mailing Address 2409 314 00 135 Williams Production RMT Company c/o K. E. Andrew & Company 1900 Defrock Road Rowlett, TX 75088 2447 062 00 069 Catherine A. Cera and Robert O'Hara P.O. Box 276 Parachute, CO 81635 2447 042 00 054 M. Carter Jolley, Jr. P.O. Box 284 Glenwood Springs, CO 81602 2447 043 00 053 Steven W. Keinath and Sherry L. Keinath P,O, Box 5628 Minneapolis, MN 55440-5628 2447 082 00 010 United States of America 2447 072 00 951 Bureau of Land Management 50629 Highway 6 & 24 Glenwood Springs, CO 81601 1111111111111111111111m11111111111111111111111111111 :574813 01/10/2001 04;35P 01226 P660 11 ALSDORF ' 4 of 10 R 50,00 0 223.20 GARFIELD COUNTY CO EXHIBIT A 28" EAST TO THE TRUE POINT OF BEGINNING. COUNTY OF GARFIELD STATE OF COLORADO B.oc'K2794' PHGE250 PARCEL 1, ALL THAT PORTION OF THE FOLLOWING DESCRIEED PROPERTY LYING SOUTHERLY OF THE SOUTHERLY RIGHT OF WAY OF HIGHWAY 6 AND 24: TOWNSHIP 7 SOUTH, RANGE 96 WEST OF THE SIXTH PRINCIPAL MERIDIA SECTION 32: E1/28111/4 TOGETHER WITH: TOWNSHIP 8 SOUTH, RANGE 96 WEST OP THE SIXTH PRINCIPAL MERIDIAN SECTION 4: LOT 4, EXCEPT THAT PART OF THE ABOVE DESCRIBED LANDS WHICH IS DESCRIEED IN BOOK 181 AT PAGE 186, OF THE RECORDS OF GARFIELD COUNTY, COLORADO EXCEPT THAT PORTION CONVEYED TO THE STATE DEPARTMENT OP HIGHWAYS IN INSTRUMENT RECORDED SEPTEMBER 6, 1983 IN BOOK 634 AT PAGE 802. SECTION 5: LOTS 1, 2 AND 3, THAT PART OF LOTS 4 AND 5 AND OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER (SW1/4NW1/4) IN SECTION 5, TOWNSHIP 8 SOUTH, RANGE 96 WEST OF THE 6TH PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 4, THENCE SOUTH 29 DEGREkS 04' EAST 3120.6 FEET TO THE HANK OF THE COLORADO RIVER} THENCE NORTHEASTERLY ALONG THE EASTERLY LINE OF SAID LOT 5 TO THE NORTHEAST CORNER THEREOF; THENCE WEST ALONG THE NORTH LINE OF SAID LOT 5 TO THE NORTHWEST CORNER THEREOF} THENCE NORTH ALONG THE EAST LINE OF SAID LOT 4 TO THE NORTHEAST' CORNER THEREOF THENCE WEST ALONG THE NORTH LINE OF SAID LOT 4, TO THE POINT OF BEGINNING. SECTION 5: ALL OF LOTS 11 AND 12, LOT 4 AND THE SW1/4NW1/4 EXCEPT THOSE.PORTIONS OF LOT 4 AND SAID SW1/4NW1/4 INCLUDED IN THE FOLLOWING DESCRIBED PARCEL: A TRACT OF LAND IN LOTS 3, 4 AND 5, AND SW1/4NW1/4, SECTION 5, TOWNSHIP 8 SOUTH, RANGE 96 WEST OF THE SIXTH PRINCIPAL MERIDIAN, DESCRIBED AS BEGINNING ON THE NORTHWEST CORNER OP SAID SECTION 5, THENCE S. 30 DEGREES 00' E. 3010 FEET; THENCE N. 88 DEGREES 36' E. 338 FEET; THENCE N. 00 DEGREES 47' W. 200 FEET} THENCE N. 53 DEGREES 00' E. 300 FEET} THENCE N. 37 DEGREES 01' E. 334 FEET; THENCE N. 40 DEGREES 24' E. 328 FEET; THENCE N. 4 DEGREES 56' W. 171 FEET: THENCE N. 33 DEGREES 01' E. 530 FEET: THENCE N. 49 DEGREES 51' W. 1768 FEET; THENCE S. 88 DEGREES 43' W. 1385 PEET TO POINT OF BEGINNING. SECTION 6. ALL SECTION 7: LOTS 2, 9, 10, 11, 12 AND NE1/4NW1/4 ALSO 700ETHER WITH; 8W234705 Mineral Owners as reflected in certain Oil and Gas Leases recorded from 1980 to March 1, 2010. The First National Bank in Grand Junction, N.A., Successor Trustee under the Last Will and Testament of Orville V. Mahaffey, aka Orville Mahaffey, deceased P.O. Box 608 Grand Junction, CO 81502 The First National Bank in Grand Junction, N.A., Trustee for Alice Louise Mahaffey P.O. Box 608 Grand Junction, CO 81502 N.P. Dodge Company, Limited, a Limited Partnership 8701 Dodge Road Omaha, NE 68114 Clara Ferguson 830 West Grand Canyon City, CO 81212 W. F. Clough aka William F. Clough (now Clough Sheep Company, LLC) P.O. Box 686 Rifle, CO 81650 Carl Giem Micanite Rt. Canyon City, CO 81212 Donald Lawrence P.O. Box 1141 Boise City, OK 73933 Charlotte Lawrence 1322 E. 18th Street Cheyenne, WY 82001 Ralph Giem 624 S. 10th Canyon City, CO 81212 Freda Webb 3063 S. Sherrelwood Drive Canyon City, CO 81212 Laura Nash 1224 Harrison Canyon City, CO 81212 :tonne Bryant From: Karen Crespin [kcrespin@Itgc.com] Sent: Tuesday, March 16, 2010 2:36 PM To: ycbryant@yahoo.com Cc: ybryant@bhhpartners.com Subject: Emailing: Mesa County.pdf Attachments: Mesa County.pdf Yvonne - attached are the assessor pages and vesting deeds as listed by assessor for the properties in Mesa County that you had requested. There was not a deed listed for the BLM Land, but the assessor page does give a mailing address, which I think is what you were actually asking for. Thank you very much and have a lovely day, Karen A. Crespin Land Title Guarantee Company 2454 Patterson Rd., Suite #100 Grand Junction, CO 81505 p(970)245-0550/fax(970)241-1593 BUY LOCAL Land Title Q.PXJ'xl tl tt6T,MT Chimed and operated 1}s Colorado families since 1967 Note: To protect against computer viruses, e-mail programs may prevent sending or receiving certain types of file attachments. Check your e-mail security settings to determine how attachments are handled. 3/17/2010 Mesa County Assessor Parcel Report Page 1 of 2 Mesa County Assessors Office P.O. Box 20000 544 Rood Avenue Grand Junction, CO 81502 Report Date: 3/16/2010 Property Information Parcel Num.: 2447-082-00-914 Account Num.: R000985 Location: Mailing Add.: 2815 H RD GRAND JUNCTION, CO 81506 Owner BLM Joint Owner: Neighborhood: AREA 28 (28.00CM) Assoc. Parcel: Title Status: Property Use: Exempt Ac. (Unofficial): 22.044 Lat/Lon: Legal Sum.: 39.36512454, -108.13963206 a THAT PT SW4NW4 SEC 8 8S 96W LYG IN MESA CO Air Photography Dates from 2007 Tax Information Year PSal (Actual) Land (Actual) Total (Actual) Imp. (.) Land (ss.) Total (Assd.) TAC Mill Special Taxes 2010 9114 $0.00 $290.00 $290.00 $0.00 $80.00 580.00 30305 0.022742 $0.00 10.00 2009 9114 $0.00 $290.00 $290.00 50,00 $80.00 580,00 30305 0.022742 $0.00 $0.00 2008 9114 $0.00 5280.00 $280.00 $0.00 580.00 580.00 30305 0.02981 $0.00 $0.00 *Current Estimated Tax is Usrng Previous Year's Mill Levy (Mill Levy Determined in December of Current Year) Agencies for Tax Area Code (TAC) Year 2010 2010 2010 2010 2010 2010 Agency Abbrev. COLRW DFPD LIBR MCCCB MCGF MCR_B Agency Name COLORADO RIVER WATER DEBEQUE FIRE PROTECT DIST LIBRARY DISTRICT COUNTY - DEVELOP DISABLED COUNTY GENERAL FUND COUNTY ROAD & TAC Code 30305 30305 30305 30305 30305 30305 Mill Levy 0.1660 2.5550 3.0000 0.1900 9.2600 0.4430 Total (Assessed) $80.00 $80.00 $80.00 $80.00 $80.00 $80.00 Taxes Per Agency $0.01328 $0.2044 $0.24 $0.0152 $0.7408 $0.03544 '----_i ,..,.1.,,.../D e...,.,-+n,.:..+Pr;nAl.r oenv 9vnlne=9aa'7_n 1/16/7.010 Mesa County Assessor Parcel Report 2010 2010 2010 2010 2010 MCSS MCTV SDJ49 SDJ49B WDCD BRIDGE SOCIAL SERVICES COUNTY TRANSLATOR TV FUND SCHOOL DIST# J-49 GENERAL SCHOOL DIST# J-49 BOND WEST DIVIDE CONSERVANCY D 30305 30305 30305 30305 30305 1.4250 0.0170 4.8270 0.8110 0.0480 $80.00 $80.00 $80.00 $80.00 $80.00 Page 2 of 2 $0.114 $0.00136 $0.38616 $0.06488 $0.00384 Totals: 22.7420 $1.82* *Current Estimated Tax is Using Previous Year's Mill Levy (Mill Levy Determined in December of Current Year) Land Description Year Prop. Use Code Prop. Use Type Acres Sq. Ft. Units 2010 9114 BUREAU LAND MANAGEMENT 20 0 2009 9114 BUREAU LAND MANAGEMENT 20 0 2008 9114 BUREAU LAND MANAGEMENT 20 0 Acreage is approximate and should not be used in lieu of Legal Documents Building Photo's No Photo Associated With This Parcel Sales and Conveyance Information No Sales Info Associated With This Parcel As before, check the associated reception number for Grantee and Grantor information via recorded document. If Book/Page is Entered, No Recep. Num. is Available Building Description No Building Associated With This Parcel Misc. Building Information No Misc. Building Associated With This Parcel Building Permit Information No Building Permit Associated With This Parcel lxttn•/hxnxnv ;man mrcarnnnhr ne/acce cnr lnnl nn/R annrtPrintFrHenrlly asnx7Vahie=2447-0 1/16/7010 Query/Selection Results Parcel Numbers Page 1 of 1 Zoom To Parcel Number Location Address Mailing Address Mailing City Mailing State Mailing Zip Sales Qualification Code Vacant/Improve Status Sale Price Sale Date Economic Area Reception No 1 2447- 082-00- 914 281511 RD GRAND JUNCTION CO 81506 0 1 Print List _.-_....;..,.......,,e........,,„+.,,,o/rxraho4tri/oceaecnr/A4 evil at/Athihntailata htm 3/16/2010 Mesa County Assessor Parcel Report Mesa County Assessors Office Page 1 of 2 P.O. Box 20000 544 Rood Avenue Grand Junction, CO 81602 Report Date: 3/16/2010 Property Information Parcel Num.: 2447-072-00-025 Account Num.: R000971 Location: Mailing Add.: 8191 E KAISER BLVD ANAHEIM, CA 92808 Owner 5 MILE RANCH LLC Joint Owner: Neighborhood: AREA 28 (28.00) Assoc. Parcel: Title Status: Property Use: Residential Ac. (Unofficial ): 125.683 Lat/Lon: Legal Sum.: 39.36442114, -108.15190372 Air Photography Dates from 2007 THAT PT OF LOTS 2-3-11-12 + 13 SEC 7 8S 96W LYG IN MESA CO Tax Information Year Pr"' ImP• (Actual) Land (Actual) Total (Actual) Imp. (Assd.) Land (Assd.) Total (Assd.) Cod Mill Levey Special Taxes 2010 0550 $0.00 $345,200.00 $345,200.00 $0.00 $100,110.00 $100,110.00 30205 0.0227 $0.00 *$2,272.50 2009 0550 50.00 $345,200.00 $345,200.00 $0.00 $100,110.00 $100,110.00 30205 0.0227 $0.00 $2,272.48 2008 0550 $0.00 $145,800.00 $145,800.00 $0.00 $42,280.00 $42,280.00 30205 0.02974 $0.00 $1,257.67 *Current Estimated Tax is Using Previous Year's Mill Levy (Mill Levy Determined in December of Current Year) Agencies for Tax Area Code (TAC) Year 2010 2010 2010 Agency Abbrev. BWCD COLRW DFPD Agency Name BLUESTONE WATER CONS DIST COLORADO RIVER WATER DEBEQUE FIRE PROTECT DIST TAC Code 30205 30205 30205 Mill Levy 0.0060 0.1660 2.5550 Total (Assessed) $100,110.00 $100,110.00 $100,110.00 Taxes Per Agency $0.60066 $16.61826 $255.78105 Totals: 2.7270 $273.00* *Current Estimated Tax is Using Previous Year's Mill Levy (Mill Levy Determined in December of Current Year) Y.++„•/%r,,,,,,, „r.,r. ,rocornnrfi, nc/a core env lnnit" inn? annrtPrintFrir nAlir aenv9V2lne=74447-f 1/160010 Mesa County Assessor Parcel Report Land Description Page 2 of 2 Year Prop. Use Code Prop. Use Type Acres Sq. Ft. Units 2010 0550 35 AC NO MORE THAN 100 AC 3 0 01/24/2001 2010 0550 35 AC NO MORE THAN 100 AC 5 0 $633,300.00 2010 0550 35 AC NO MORE THAN 100 AC 47.2 0 2009 0550 35 AC NO MORE THAN 100 AC 3 0 1716664 2009 0550 35 AC NO MORE THAN 100 AC 5 0 Quit Claim Deed 2009 0550 35 AC NO MORE THAN 100 AC 47.2 0 2008 0550 35 AC NO MORE THAN 100 AC 3 0 2008 0550 35 AC NO MORE THAN 100 AC 5 0 2008 0550 35 AC NO MORE THAN 100 AC 47.2 0 Acreage is approximate and should not be used in lieu of Legal Documents Building Photo's No Photo Associated With This Parcel Sales and Conveyance Information y If Book/Page is Entered, No Recep. Num. is Available Date Price Reception Number Doc. Type 10/27/2009 2510503 SWD 01/24/2001 $522,000.00 1981058 Warranty Deed 06/14/1999 $633,300.00 1906799 Warranty Deed 07/26/1996 $400,000.00 1765583 Warranty Deed 05/10/1995 $0.00 1716664 QCD JT 05/04/1995 $63,600.00 1716192 Quit Claim Deed 06/13/1990 $0.00 1544148 Quit Claim Deed QCD JT SWD Warranty Deed As before, check the associated reception number for Grantee and Grantor information via recorded document. Building Description No Building Associated With This Parcel Misc. Building Information No Misc. Building Associated With This Parcel Building Permit Information No Building Permit Associated With This Parcel lxfi„•//xxnxnxr im ar, macarnnnh, nclacceccnr lnnlnin/R ennrtPrintFriendly asnx?Valve=2447-0... 3/16/2010 Query/Selection Results Parcel Numbers Page 1 of 1 Zoom To Parcel Number Location Address Mailing Address Mailing City Mailing State Mailing Zip Sales Qualification Code Va-ant/Improve Status Sale Price Sale Date Economic Area Recei N 2447- Thu,22 1 072-00- 8191 E KAISER BLVD ANAHEIM CA 92808 0 2009 1 2510: 025 00:00:00 Print List .,,.f.*, en.,r,.,,nhr „o/,,,Phc opccririrfkillavAthihntafatn htm 3/16/2010 Mesa County Assessor Parcel Report Mesa County Assessors Office Page 1 of 2 P.O. Box 20000 544 Rood Avenue Grand Junction, CO 81502 Report Date: 3/16/2010 Property Information Parcel Num.: 2447-071-00-918 Account Num.: R000970 Location: Mailing Add.: Owner Joint Owner: 125 S STATE ST MAIL RM 6107 SALT LAKE CITY, UT 84138 USA BUREAU OF RECLAMATION Neighborhood: AREA 28 (28.00CM) Assoc. Parcel: Title Status: Property Use: Exempt Ac. (Unofficial): 12.797 Lat/Lon: Legal Sum.: 39.36513590, -108.14337034 Air Photography Dates from 2007 THAT PT OF LOT 8 SEC 7 8S 96W LYG IN MESA CO - 10.00AC Tax Information Year e iniu (Actual) (Actual) (Assd.) (Assd.) (Assd.) TAO Mill Levey Tax Taxesca(Atal) 2010 9114 $0.00 $150.00 5150.00 50.00 $40.00 $40.00 30205 0.0227 $0.00 10.00 2009 9114 $0.00 $150.00 $150.00 $0,00 $40.00 $40.00 30205 0.0227 $0.00 $0.00 2008 9114 $0.00 $140.00 $140.00 $0.00 $40.00 $40.00 30205 0.02974 $0.00 $0.00 *Current Estimated Tax is Using Previous Year s Mill Levy (Mill Levy Determined in December of Current Year) Agencies for Tax Area Code (TAC) Year 2010 2010 2010 Agency Abbrev. BWCD COLRW DFPD Agency Name BLUESTONE WATER CONS DIST COLORADO RIVER WATER DEBEQUE FIRE PROTECT DIST TAC Code 30205 30205 30205 Mill Levy 0.0060 0.1660 2.5550 Total (Assessed) $40.00 $40.00 $40.00 Taxes Per Agency $0.00024 $0.00664 $0.1022 Totals: 2.7270 $0.11* *Current Estimated Tax is Using Previous Year's Mill Levy (Mill Levy Determined in December of Current Year) h++«.•//untnir mnoonnnntcf no/ac eiccnr lnnlnrn/R PnnrtPrintPrir.ntily acny9V2lne=944.7-0 3/16/7.010 Mesa County Assessor Parcel Report Land Description Page 2 of 2 Year Prop. Use Code Prop. Use Type Acres Sq. Ft. Units 2010 9114 BUREAU LAND MANAGEMENT 10 0 1806143 2009 9114 BUREAU LAND MANAGEMENT 10 0 08/23/1994 2008 9114 BUREAU LAND MANAGEMENT 10 0 for Grantee and Grantor information Acreage is approximate and should not be used in lieu of Legal Documents Building Photo's No Photo Associated With This Parcel Sales and Conveyance Information If BooldPage is Entered, No Recep. Num. is i Available Date Price Reception Number Doc. Type 08/28/1997 $0.00 1812327 Warranty Deed 07/10/1997 $125,000.00 1806143 PER_REP_DEED 07/10/1997 $625,000.00 1806141 Warranty Deed 08/23/1994 1806142 Letters As before, check the associated reception number for Grantee and Grantor information via recorded document. Building Description No Building Associated With This Parcel Misc. Building Information No Mise. Building Associated With This Parcel Building Permit Information No Building Permit Associated With This Parcel 4.++,.../Ant-Erni 4-rnor. ,-., nonnnnn4.. no/000r.00nr lnnlnin/2annrtPrintPriPnAlq nenv7Valne=7G14.7-0 /16/7010 Query/Selection Results Parcel Numbers Page 1 of 1 Zoom To Parcel Number Location Address Address Mailing City Mailing State Mailing Zip Sales Qualification Code Vacant/Improve Status Sale Price Sale Date 1 2447- 071-00- 918 125 5 STATE ST MAIL RM 6107 SALT LAKE CITY UT 84138 R V 625000 Thu, 10 Jul 1991 00:00:01 Print List t uv. //._.._.... :......,«,,,,,,,,,,,,,,,,,,t....../..rnbc44a/noonnerr/Aicn101/ A i+rThiltallata him 1/16/2010 Mesa County Assessor Parcel Report Mesa County Assessors Office Page 1 of 2 P.O. Box 20000 544 Rood Avenue Grand Junction, CO 81602 Report Date: 3/16/2010 Property Information Parcel Num.: 2447-074-00-002 Account Num.: R000980 Location: Mailing Add.: PO BOX 5628 'MINNEAPOLIS, MN 55440-5628 Owner KEINATH STEVEN W Joint Owner: KEINATH SHERRY L Neighborhood: AREA 28 (28.00) Assoc. Parcel: Title Status: Property Use: Agricultural Ac. (Unofficial): 152.221 Lat/Lon: 39.36037852, -108.14627419 Legal Sum.:. SE4 SEC 7 85 96W Air Photography Dates from 2007 Tax Information Year c n (A tual) (Actual) Land Total (Actual) Imp. (Assd.) Land (Assd.) (As dl.) TAC code Levlley 9 Taxal Taxes 2010 4147 $0.00 52,350.00 52,350.00 $0.00 $680.00 $680.00 30205 0.0227 $0.00 *$15.44 2009 4147 $0.00 52,350.00 52,350.00 $0.00 $680.00 $680.00 30205 0.0227 $0.00 $15.44 2008 4147 $0.00 $2,260.00 $2,260.00 $0.00 $660.00 $660.00 30205 0.02974 $0.00 $19.62 *Current Estimated Tax is Using Previous Year's Mill Levy (Mill Levy Determined in December of Current Year) Agencies for Tax Area Code (TAC) Year 2010 2010 2010 Agency Abbrev. BWCD COLRW DFPD Agency Name BLUESTONE WATER CONS DIST COLORADO RIVER WATER DEBEQUE FIRE PROTECT DIST TAC Code 30205 30205 30205 Mill Levy 0.0060 0.1660 2.5550 Total (Assessed) $680.00 $680.00 $680.00 Taxes Per Agency $0.00408 $0.11288 $1.7374 Totals: 2.7270 $1.85" *Current Estimated Tax is Using Previous Year's Mill Levy (Mill Levy Determined in December of Current Year) ,�..,.. ... o...,,,..,..,+., no/n000.00nr inn-6,mM rernrtPrin4FripnAly aenv7Vnlne=94.d7_f 1/16/9.010 Mesa County Assessor Parcel Report Land Description Page 2 of 2 Year Prop. Use Code Prop. Use Type Acres Sq. Ft. Units 2010 4147 GRAZING LAND - AG 160 0 1759438 2009 4147 GRAZING LAND - AG 160 0 12/31/1990 2008 4147 GRAZING LAND - AG 160 0 for Grantee and Grantor info' mation via recorded document. Acreage is approximate and should not be used in lieu of Legal Documents Building Photo's No Photo Associated With This Parcel Sales and Conveyance Information If Book/Page is Entered, No Recep. Num. is y Available Date Price Reception Number Doc. Type 06/07/1996 $850,000.00 1760499 Warranty Deed JT 11/02/1995 1759438 PATENT 10/06/1994 1699500 Deed 12/31/1990 $0.00 1560729 PER_REP_DEED As before, check the associated reception number for Grantee and Grantor info' mation via recorded document. Building Description No Building Associated With This Parcel Misc. Building Information No Misc. Building Associated With This Parcel Building Permit Information No Building Permit Associated With This Parcel 1-44.._. //_ ..nnn.....+1-.r..n/nnnonnnv lnnln,nmannr+Prhn Mr; Pntll\I AC1lV9\%2111P=9d.d/-11 .1/16/2010 Query/Selection Results Parcel Numbers Page 1 of 1 Zoom To Parcel Number Location Address Mailing Address Mailing City Mailing State Mailing Zip Sales Qualification code Status Sale Price Sale Date Economic Area Recep No 2447- 7 074.00- PO BOX 5628 MINNEAPOLIS MN 5544Fri, - 56280 U V 850000 1986 1 6 1 2240/6 002 00:00:00 Print List httn•//nrurur inn an mr carnnnf t iivAmeheite/neceecnr/rlicnlavAttrihnteTlata htm V16/2010 Derr PLANNERS f ARCHITECTS 5 -mile Ranch —Storage Yard LIMITED IMPACT REVIEW APPLICATION EXHIBIT 5 - VICINITY MAP 108°13.000' W TOPOI map printed on 02/26/10 from "Untitled.tpo" 108°11.000' W 108°09,000' W 108°07.000' W 108°05.000' W WGS84 108°02.000' W = 027 OOO' 39°25.000' N 39°27.000' N 39°25.000' N PARCEL 2447-064-00-057 STORAGE YARD TN 1' 1084'11.000' W 108°09.000' W 108°07.000' W 108°05.000' W 0.0 0.5 1.0 1.50 2.5 10 3,5 mites .tr.tr.l.tir.tr.I,tr,tr,J.tr.t,Nt.ir.r.'4,tar,lJ.1 ' • ' ' 0 1 3 4 51m .tap created with TOPO!& t :2003 National Geoer_phic (,..., w.0.nationalgeofgaphi:.comacpo) WGS84 108°02.000' W YF:ai'NI-NI�r'JlbOl�`.t—kalc.`i5'c 3-�.v.1.'1�ltl\55�WV,.t a % KC/:�Z.t1`l'�_J.:ti.'t5i�^+7 • „Oaf9 1 inch = 2,000 feet 1:24,000 1,000 2,000. 3,000 4,000 Feet Colorado State Plane Central Zone, NAD83, U.S. Ft. to ��,cgill s�o' _3,-; ils.'n011Q�r� f/ I I 1 :\f/ ' ; - '`_1' 'fV '�1:J -1:'''''°J J1- - J 7` ,rI .?'0�/: I1�� ` `� ti l 41 '- .1.'11K -'\ .11f t' • -,S il' --- --- ko� � �. 596 �S17] 1; r�'L ��i t 111.1.1. r. 5G(19 d -_j otd - .i 4 r >�1 � ur-a' SPI 9 % ��,; e.:1-7,,,50.€ ��• nh �-"\.—,� I��' I. i..._,:,;01:. ',' , �' , w�y �' v 5 l:4 STORAGE YARD r�r�. % r �' , _ti �-) `,,,,'.0•\',.tiS� '1, / a {Y: I1 � -k---el". � r 31:,�� M If�� /' �' l 1 i' } `g f. ':c % ri I( ,,' ~ 1 r• 4,5,30, 1 } 'A V t,r---- '•11,_ ` ,1-'• Z 7?—`~i � � l !� ILII ,* �.�� / I JJ 1 ` %sin' 1 I �I I 1 /' ii ii II i.. / //�� /(j 'uR .\ ! I ii v.5 ,ri i / tA40 111 S $t,• ..,-,•--:‘_/- d , _ \ ei 64 ( ' - '-------'---.----S14). ^S �1J __+ �4Ja f•�t C r 4. ` J' }_ - ::. ' N I' '\.. dam' 1, N \\y 1 I, I } r- C f rlfyc-.7.•_ 1 4 I, ioy' tt 1 if I, • x•ti• a/l / o.rtt {jkl--1�1z.:200,-;:c:ksi.:3,-.,..;-_-;_:--:—___72, .1, \ .... ''.:4.' .xr�=Cr= _ir,�\‘ 1• N1�/ f: -f �14a 1X I 1y , . •111 1 AO b herr PLANNERS / ARCHITECTS 5 -mile Ranch —Storage Yard LIMITED IMPACT REVIEW APPLICATION EXHIBIT 6 - PRE -APPLICATION CONFERENCE FORM GARFIELD COUNTY Building & Planning Department 108 8th Street, Suite 401 Glenwood Springs, Colorado 81601 Telephone: 970.945.8212 Facsimile: 970.384.3470 www.oarfield-countv.com PRE -APPLICATION CONFERENCE SUMMARY PLANNER: Molly Orkild-Larson PROJECT: 5 -Mile Ranch Storage Yard PARCEL: 2447-064-00-057 OWNER: Specialty Restaurants Corporation ZONING: Rural COMPREHENSIVE PLAN: Outlying Residential REPRESENTATIVE: Yvonne Bryant, Alex Lopez, and Toby Guccini PRACTICAL LOCATION: State Highway 6, south of 1-70 near the Mesa/Garfield County line TYPE OF APPLICATION: Limited Impact Review for Storage: Supplies, Machinery, Equipment or Products PreApp DATE: February 19, 2010 GENERAL PROJECT DESCRIPTION The site is located on State Highway 6, south of 1-70 near the Mesa/Garfield County line. The subject parcel is 645 acres and zoned Rural. The specific area of interest on this parcel is an existing storage yard 8.9 aces in size. The applicant has indicated that this storage yard was part of the Colbran Pipeline permit along with another staging area located at the corner of SH 6, SH 24, and 300 Road. The latter site has been reclaimed. The applicant wishes to continue the use of the 8.9 acre site to storage of materials for the oil and gas industry and obtain a land use change permit since the Co!bran pipeline project has been completed. The applicant has indicated that no water or wastewater systems are present on-site nor are proposed in the future. The applicant has also indicated that they have applied for and have in place a CDOT permit. The Rural Zoning District allows storage of supplies, machinery, equipment or products and would be reviewed under the Limited Impact Review process. The applicant is to address through a written narrative Divisions 1, 2, and 3 of Article VII of the Unified Land Use Resolution 2008, as amended. Section 7-810 Additional Standards 1 Applicable to Industrial Use and Section 7-821 Additional Standards Applicable to Storage Areas and Facilities should also be addressed in the submittal. The applicant's narrative should discuss which standards are met (as listed the above) and which may not apply and request the Director to waiver those submittal requirements (ditches, wildlife, etc.). I. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS: • Garfield County Comprehensive Plan 2000, as amended • Garfield County Unified Land Use Resolution of 2008, as amended o Article III, Zoning • Rural Zone District (Section 3-202) o Article IV, Application and Review Procedures • General Review Process, Consultants, and Common Review Process (Sections 4-101, 4-102, and 4-103) • Limited Impact Review Process (Section 4-105) • Application Materials (Section 4-501 (E)) • Description of Submittal Requirements (Sections 4-502 (C)(2), 4- 502 (C)(3), 4-502 (D) and 4-502 (E)) o Article VII, Standards • General Approval Standards for Land Use Change Permits (Division 1) • General Resource Protection Standards for Land Use Change Permits (Division 2) • Site Planning and Development Standards (Division 3) • Additional Standards Applicable to Industrial Use (Section 7-810) • Additional Standards Applicable to Storage Areas and Facilities (Section 7-821) II. PROCESS In summary, the process will be the following Limited Impact Review Process (Section 4- 105): 1. Pre -application Conference (held 02/19/2010) 2. Submittal of complete Limited Impact Review Application (Section 4-501 (E)) a. Application Form and Fees b. Vicinity Map (Section 4-502 (C) (2)) c. Site Plan (Section 4-502 (C) (3)) The legal description of the subject parcel can be described as section, township, range (as described on the deed) but the site plan will need the boundary lines, corner pins, and dimensions of the subject property, including land survey data to identify the parcel with section corners, distance. d. Assessors Map e. List of property owners within 200 feet and mineral rights owners of the subject property (of parcel # 2447-064-00-057) f. Written narrative for Land Suitability Analysis (Section 4-502 (D)) and Impact Analysis (Section 4-502 (E)) 2 g. Basic Traffic Analysis (Section 4-502 (J) (3)) will be required and not older than 6 months. Other reports or plans required unless waived by Director include: Cultural/Historic/Archaeological Analysis, Vegetation/Wildlife Analysis, and Reclamation/Erosion control plan. h. Written narrative for Divisions 1, 2 and 3; and , Sections 7-810 and 7-821 of Article VII i. Statement of Authority from owner if representative is used j. Payment Agreement Form 3. Review by staff for Technically Complete (TC) Status 4. Notice of TC to applicant with schedule; Applicant submits copies for referral to reviewing agencies; 5. Applicant prepares public notice for notice for advertising, mailing by certified mail to adjacent property owners within 200' and mineral owners, and posting of site. 6. Decision date scheduled for Director and copies sent to referring agencies and departments 7. Hearing scheduled for Board of County Commissioners and copies sent to referring agencies and departments. 8. Staff report preparation and Board of County Commissioners hearing and Decision. III. APPLICATION REVIEW a. Review by: Staff for completeness recommendation and referral agencies for additional technical review b. Public Hearing: Director Planning Commission X Board of County Commissioners _ Board of Adjustment c. Referral Agencies (more may be added to this list): Garfield County Road and Bridge Garfield County Public Health City of Parachute Garfield County Attorney School District Fire District IV. APPLICATION REVIEW FEES a. Planning Review Fees:$ 400.00 b. Referral Agency Fees: $ (Separate Check, see attached fee schedule) c. Total Deposit: $ 400.00 (additional hours are billed at $ 40.50 /hour) General Application Processing Planner reviews case for completeness and sends to referral agencies for comments. Case planner contacts applicant and sets up a site visit. Staff reviews application to determine if 3 it meets standards of review. Case planner makes a recommendation of approval, approve" with conditions, or denial to the appropriate hearing body. Disclaimer The foregoing summary is advisory in nature only and is not binding on the County. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. This summary does not create a legal or vested right. This pre -application summary is good for six (6) months from the date of the written summary. Additional Materials As requested by Toby, I have attached an aerial of the site. Pre -application Summary Prepared by: OVAA:01- town, Molly Orkild-Larson, AICP, RLA Senior Planner Attachment: Aerial of site 4 0-/.2_ 0 Date 1.- b ., tilers PLANNERS I ARCHITECTS 5 -mile Ranch —Storage Yard LIMITED IMPACT REVIEW APPLICATION EXHIBIT 7 - SITE PLAN - ROAD ROW DESCRIPTION - STORM WATER MANAGEMENT BMP PLAN CURVES DELTA CURVE TABLE RADIUS LINE TABLE BEARING LENGTH CN. BEARING INSET D" SCALE: 1"= 50' 6U6/EC a5A Ary 0001000 CNE ____ ------ 1381.23' _ -------- 588°45'35"W i 1ksk.06` LEGEND VICINITY MAP SCALE: I"= 4000' FOUND 3—1/4' ALUMINUM CAP 011 A 3' ALUVINUM POST SET BY ME BW IN 1907 'R 4 STRAND BABE MBE FENCE 7' CHAIN EINK FENCE MDI BARB MBE eee•.v LEASE UNE 241001ATED FROM EAST 1/6 COINER OF SHOWN SECTION 6 • 0060014 0°A° NOIFS arm of Openly 0,410 ,erode nee mem er prodded "1m Wle .,m. The deaurplm of the therm I. feel 064 °rtes. rope. hon o plat prep.... ey Olnlan 000ln.',i,4 end Lond 0mmN00 06, Gen. 011 & 001 (USA) In.., 4.604 br0 I, 2000 as re. 44749. 2. Me Boas of Be0ng. fn lb rwy le re '4 to Dm See from the South I Corner or Seelim 6 to the reel { Comer °1 Section 6 °e beor6g N 43' 41' 42' E. &enummled 0a sheen haresn. IMPROVEMENT' LOCATION CyERRIG]i API olendy iart.yythat &Is uktwlmprovempnlnl trey plat that Nal natl0 b. rats op.. 1Neleal°IlebmOwe t aif w. buildin, o ether NWre Ireprew rents 110 °n a a er a en "r1 further earthy that Om Mpravmmle an U' dove described pared n ared m 1,11 dote. .Vdl 10. 2006, except vanity cnm neellens, are utely Mth1, the nunUw. a e a Ue pored. see 1 os shown. that there ere e Mmelnh openrte deo0ed o 0.,. by lmprammmla m 004 a irlOoo"pemix... as 0Ukaled, en that ow. e e apparnt viable ,44.00e or ion a any ahem ground easement e erdereng any part e .aa poral. pgRIFFIN & ASSOCIATES, INC. (307) 364 saze iii �� r 1414 ELK ST., ROCK SPRINGS, WY82901 IMPROVEMENT LOCATION CERTIFICATE FOR ENTERPRISE PRODUCTS, INC. PIPE STORAGE LEASE PARCEL SITUATE IN NW& OF SECTIONS& NE j OFSECTTON6, T. 8 S., R. 96 W., 6th P.M. GARFIELD COUNTY, COUNTY, COLORADO SEM ane Bta 1 d. Rev1560 — 5E6 txfh&'r /3 [ul / ml. orsrw[[s urt wm011r¢ FACIA 14541)14 uww 01115 LEMON 241433 100005 4413 .Z4541 E OISTANCr 22115 PON E 22.05 7\ 07\ EnCana OIL & GAS (USA) INC. LOCATION LAYOUT FOR /PROPOSED PROPOSED PIPE YARD //!LOCATED IN THE NE 1/4 SECTIO f ; NS 5 & 6, TBS, R96W, 6th P.M. 711// GARFIELD COUNTY, COLORADO i i�i/�'' HORIZONTAL SCALE EXI51MG (ROUND CONTOUR INTERN% = 1 FOOT waRIa on.: mrythAxws PROJECT BOUNDARY 21.20 ACRES DISTURBANCE AREA (FOOTPRINT) 17.88 ACRES EARTHWORK APPROXIMATE TARUAGES (INCLUDING ROAD) RAYI CUT = 31.203 00. 195. FILL = 20.325 CO. 19S. TOP SOIL CUT & STOCKPILE CuT 14z127 YDS. Topfor to NRelN 091 NYINNNEN &GUY (0 NON 1E5131E0E0 ENGINEER RECIS17250NN NO. 37552 STATE OF COLORADO SHEET 1 of 2 'C. UINTAR ENGINEERING & LAND SURVEYING �C., 0110NR Ras) 700-1017 85 SOUTH 200 EAST - VERNAL, UTAH 84078 SCALE: 1"= 100' 0215: REV 3-31-08 SURVEYED Rv: DRAM 07: 23059 -4155925 Malt. -15740111 3119065 C51 LW -1755144 051451 505411 Ca 0.51 11 V 3415475 IV 2.1.4 -5711111.112 30041 401047 MIAS 451 50 0.1 0545 -01.460 3044.413 W4470 0.11. 5.54 31 34 41 41 43 i C.51 1550 • -70071 45.01 5400 1151 LW 51 52 al 6 -/771•72 38056.0 W54.01 114 3.0 45 -17511165 390410 50.54a2 fa 44.0 15.1 DM 54 [ul / ml. orsrw[[s urt wm011r¢ FACIA 14541)14 uww 01115 LEMON 241433 100005 4413 .Z4541 E OISTANCr 22115 PON E 22.05 7\ 07\ EnCana OIL & GAS (USA) INC. LOCATION LAYOUT FOR /PROPOSED PROPOSED PIPE YARD //!LOCATED IN THE NE 1/4 SECTIO f ; NS 5 & 6, TBS, R96W, 6th P.M. 711// GARFIELD COUNTY, COLORADO i i�i/�'' HORIZONTAL SCALE EXI51MG (ROUND CONTOUR INTERN% = 1 FOOT waRIa on.: mrythAxws PROJECT BOUNDARY 21.20 ACRES DISTURBANCE AREA (FOOTPRINT) 17.88 ACRES EARTHWORK APPROXIMATE TARUAGES (INCLUDING ROAD) RAYI CUT = 31.203 00. 195. FILL = 20.325 CO. 19S. TOP SOIL CUT & STOCKPILE CuT 14z127 YDS. Topfor to NRelN 091 NYINNNEN &GUY (0 NON 1E5131E0E0 ENGINEER RECIS17250NN NO. 37552 STATE OF COLORADO SHEET 1 of 2 'C. UINTAR ENGINEERING & LAND SURVEYING �C., 0110NR Ras) 700-1017 85 SOUTH 200 EAST - VERNAL, UTAH 84078 SCALE: 1"= 100' 0215: REV 3-31-08 SURVEYED Rv: DRAM 07: 23059 EnCana OIL & GAS (USA) INC. LOCATION LAYOUT FOR PROPOSED PIPE YARD LOCATED IN THE NE 1/4 SECTIONS 5 & 6, T8S, R96W, 6th P.M. GARFIELD COUNTY, COLORADO TYPICAL CROSS SECTION (for Proposed ACCESS Road) NO SCALE 24' 20' 10' TAPER -28 Slope w Sallom C /-2S Slope TAPER CUT SECTION / F1 \ m 4.1 FILL SECTION 5070 5070 2. ros.Imml II 11 IKII 5060 5060 .o<ml =I_ _ I 13 161166 �_r_ ` umn 81 s 1 1 . 4. II a i 1_Il�'d N-- 1 11 II 111111 p IRI 1- 'I1-11 11.4 1( J 5050 II LSI II II 11 1 11 511111A 1 -I-11 -_.. - - 5050 I it 3-6 1 1', - N 8 TO -5040 5040 0+00 1+00 2+00 3+00 4+00 5+00 6+00 7+00 8+00 9+00 10+00 11+00 12+00 13+00 14+00 15+00 16+00 17+00 16+00 19+00 20+00 21+00 22+00 23+00 24+00 25 00 26+00 27+00 28+00 29+00 SECTION "A" 5050 T 1 >` 5050 5060 5060 5040 5040 5050 5050 0+00 1+00 2+00 3+00 4+00 5+00 6+00 1+00 2+00 3+00 4+00 5+00 SECTION "B" SECTION "E" 5060 = -i - 5060 On 5060 x 00 8FOS4 �� _'■■■■■ par..- 8.19.9. j?TF8 5050 stiy 5050 5050 u u 11=n= II-II- II a-n yn,-■ ".. Iq- 5050 `0 9 6a .� 0 07502 0+00 1+00 2+00 3+00 4+00 5+00 6+00 �� a' SECTION "C" PIN III■■II 5040 f? '.. L" 1+00 2+00 3+00 4+00 5+00 SECTION "F'•ECIS1E680 EnileEE6 5511156505 66 3)50] STALE of 50.59000 =5 5070 Kill 1"� 5070 H0ONTAL SCALE SHEET 2 of 2 5060 ---".."1.811/111111 5060 5050 6050 n b - o o EINTAH ENGINEERING & LAND SURVEYING 5050 5050 5040 5040 1660505 SLUE '11 fss5) vae-IOIT uT... `J 0+00 1+00 2+00 3+00 4+00 5+00 6+00 1+00 2+00 3+00 4+00 5+00 BS SOUTH 200 EAST - VA'RNAL, UTAH 84078 5,4 SECTION "O" SECTION "Grr SCALE: DATE:6E 5: 1" = 100' 3-31-08 sm5Ert0 95: B.E.B. 00008 96 O.G.W. ME: 23059 ROAD RIGHT-OF-WAY DESCRIPTION A 60' WIDE RIGHT—OF—WAY 30' ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE. BEGINNING AT A POINT IN THE SW 1/4 NE 1/4 OF SECTION 6, T8S, R96W, 6th P.M. WHICH BEARS N88'39'00"W 1671.75' FROM THE EAST 1/4 CORNER OF SAID SECTION 6, THENCE N52'S5'11"E 94.46'; THENCE ALONG A CURVE TO THE LEFT WITH A RADIUS OF 120.00' AND A LENGTH OF 53.13'; THENCE N27'33'11"E 22.05' TO A POINT IN THE SW 1/4 NE 1/4 OF SAID SECTION 6, WHICH BEARS N84'15'18"W 1559.52' FROM THE EAST 1/4 CORNER OF SAID SECTION 6. THE SIDE LINES OF SAID DESCRIBED RIGHT—OF—WAY BEING SHORTENED OR ELONGATED TO MEET THE GRANTOR'S PROPERTY LINES. BASIS OF BEARINGS IS A G.P.S. OBSERVATION. CONTAINS 0.236 ACRES MORE OR LESS. NUMBER DELTA RADIUS LENGTH C1 25'22'00" 120.00 53.13 NUMBER 11 L2 DIRECTION N5755.11"E N27'33'11 "E DISTANCE 94.46' 22.05' END OF PROPOSED ROAD RIGHT—OF—WAY STA. 1+69.64 (At Edge of Surface Use Area) BEGINNING OF PROPOSED ROAD RIGHT—OF—WAY STA. 0+00 (At Existing Road) Sec. 6 NE 1/4 i ay 1/16 Section Line by 9y Section Line s2 0 a cc x -Centerline of Proposed Rood Right—of—Way NOTE: BEGINNING STA. 0+00 BEARS N88'39'00"W 1671.75' FROM THE EAST 1/4 CORNER OF SECTION 6, T8S, R96W, 6th P.M. ENDING STA. 2+69.64 BEARS N84'15'18"W 1559.52' FROM THE EAST 1/4 CORNER OF SECTION 6, T8S, R96W, 6th P.M. 7/16 Section Line SE 1/4 yy, SURFACE USE AREA PROPOSED PIPE YARD Contains 27.154 Acres S86'4535W ------ ---- — ----- ----13B1.23— / / / / / / / / / / N89'31'00"E 5 1/4 Cor Sec 6 Private Alum.Cop 2566.57' 179'42' (G.L.0.) / / / / N00'00"56"W 2653.20' (G.L.0.) E 7/4 Cor Sec 6 Private Alum.Cop 1' High Pile of Stones / i SPECIALTY RESTAURANTS CORPORATION 1/4 Section Line EnCana OIL & GAS (USA) INC. LOCATION SURFACE USE AREA & ROAD RIGHT—OF—WAY ON FEE LANDS (For PROPOSED PIPE YARD) LOCATED IN SECTIONS 5 & 6, T8S, R96W, 6th P.M. GARFIELD COUNTY, COLORADO NW 1/4 0 Sec. 5 RIGHT—OF—WAY LENGTHS PROPERTY OWNER FEET ACRES RODS SPECIALTY RESTAURANTS CORP. 169.64 0.236 10.281 A W.0 M.C. SE 1/4 Cor Sec 6 Private Atum.Cop 10" High Pile of Stones BASIS OF BEARINGS BASIS OF BEARINGS IS A G.P.S. OBSERVATION. ®= SECTION CORNERS LOCATED. 0 0 0 N 0 I 0 0 M SCALE SURFACE USE AREA DESCRIPTION BEGINNING AT A POINT IN THE NW 1/4 SE 1/4 OF SECTION 6, T8S, R96W, 6th P.M., WHICH BEARS 586'45'35"W 1381.23' FROM THE EAST QUARTER CORNER OF SAID SECTION 6, THENCE N36'24'07"W 461.04'; THENCE N55'31'24"E 1995.24' MORE OR LESS TO THE EAST LINE OF SAID SECTION 6; THENCE N55'31'24"E 532.71'; THENCE S29'20'56"E 275.51'; THENCE 551'14'20"W 733.54' MORE OR LESS TO THE EAST LINE OF SAID SECTION 6; THENCE S51'14'20"W 1761.27' TO THE POINT OF BEGINNING. BASIS OF BEARINGS IS A G.P.S. OBSERVATION. CONTAINS 21.154 ACRES MORE OR LESS. THIS 15 TO CERTIFY THAT THE AB FIELD NOTES OF ACTUAL SURVE SUPERVISION AND THAT THE S BEST OF MY KNOWLEDGE AND UINTAH ENGINEERING & ' - - 'EYING 85 SOUTH — 200 EAST • (435) 789-1017 VERNAL, UTAH — 84078 SCALE 1" = 300' PARTY B.E.B. WEATHER DATE 4-1-08 REFERENCES G.L.O. PLAT FILE 4 8 7 4 9 '+,trt ;�ip'• -.. _ fix'.. - CU w Check Dam Strawbale Check DaStrawbale Tracking Pad Check Dam Strawa l racing Pad Check Dal SStrawbale Wattles BMP Locations Check Dam Strawbale Tracking Pad Wattles Ephemeral Drainages Roads Ery 0 EPCO 21 Acre Pipe Yard BMP Placement Proposed Access Road Specialty Restaurants 7-5 Access Road Highway 6&24 Area of Disturbance 255 : 510 Revision Date: 12/09/2008 1,020 Feet EPO, I . T\Client_Specific120081EPCO\Marathon Project\EPCO_Marthon_PL\21_Acre_Pipe_Yard HSCI_Harris 12/09/08 REv1560- 6GE £Xii, Err /.3 Wildfire Hazard, Garfield County, Colorado iiiii [ .: IL _I _.: -1 �:-_ 11111 Extreme Hazard Moderate Hazard Low Hazard Negligible or Indeterminate Hazard NOTE The veldfire hazard Information depicted an this map was generated In-house by Garfield County Ceographin Information Services based on Colorado Stale Forest Service witdfre hazard mapping practices. For a complete de. scdplion of the methodology used, see 'Wildfire Hazard Mapping: Garfield County GIS Development Methodology", Hykys, Robert P., (1596). 6tr1FIRE HAZARD SOURCE: 1. Land 0ovor)Lond Uco Map. Loot/vile Quadrangle, US Ge do gical Surrey, 1250,000, antral Arc Info data retrieved from EPA Into/not ilia (1902). 2. U,S,G,S 7.5'Quadran90 01&01 Elevation Models. 1:24.000. (1967). 3, Standard fa Protection of UI* and Property from WIldl Ira. To finical Caminito* on Forest .02 Rural Fin Protection. National Flre Proloctlon As sec b lion. (1991). N Garfield Countyr -win.e:', W E dnee..4.m;;;ar•m l:lComprehensivePlan12506fira Revision 6: 6-74-07 :rylir.1,3Liiv s RIO BLANCO COUNTY rcal- 7-77 . l } _jF IIs ia0 j Vegetation Data Not Available •/�'� rte, • ro- caj MESA COUNTY PITKIN COUNTY v MAP 25 f tamers PLANNERS / ARCHITECTS qa 5 -mile Ranch —Storage Yard LIMITED IMPACT REVIEW APPLICATION EXHIBIT 8 — TRAFFIC MEMORANDUM — dated February 6, 2009 — DESIGN WAIVER REQUEST — dated March 2, 2009 — CDOT ACCESS PERMIT #309083 £E ertillW 13 CDOWELL ENGINEERING,LLC TRANSPORTATION ENGINEERING CONSULTANTS To: CDOT Region 3 Access Manager 222 South 6th Street, Room 100 Grand Junction, CO 81501 Attn. Devin Drayton From: Kari J. McDowell, PE, PTOE Date: February 6, 2009 Re: Construction Yard Garfield County, Colorado Project Background: Traffic Memorandum The applicant is anticipating a pipeline construction project with the need for a pipe storage yard. The storage yard parcel is located adjacent to Highway 6, west of Parachute, in Garfield County, Colorado. The construction project is anticipated to extend through February 2010. The proposed storage yard site access is located in the same location as an existing access, in the vicinity of Milepost 67.70, on the south side of Highway 6. The access is located approximately 2.8 miles west of County Road 300. The parcel is owned by Specialty Restaurants Corporation, and had a previous State Highway Access Permit #307041 and Notice to Proceed, dated April 17, 2007. The access was previously improved to accommodate large trucks. The general location of the access can be seen in the vicinity map below. TT:Parachute Project,/ Site./ Garfield Denequc tM Mesa j_Ge�ym =_.._ Ma a CDOWELL ENGINEERING LLC TRANSPORTATION ENGINEERING CONSULTANTS Highway 006M is classified by the Colorado Department of Transportation (CDOT) as a rural major collector roadway, with an Access Category of R -A, Regional Highway. There is a single, 12 -foot lane in each direction of Highway 6 in this area. The posted speed limit is 50 mph. Proposed Land Use: The applicant is anticipating the use of the yard for the storage of construction equipment and materials. It is anticipated that employees will arrive at the site in their personal vehicles, coordinate the day's work, pick up supplies, and leave in their work trucks. According to the contractor, employees work 10 -hour shifts. They finish their shifts at the actual worksite, so their return times vary based upon their work location. At the end of the work day, they will drop off their company work trucks and leave in their personal vehicles. The project is anticipated to have a twelve month construction duration. Trip Generation: The temporary storage yard does not fit into an established trip generation land use within the Institute of Transportation Engineers' 7`h Edition of the Trip Generation Manual. Therefore, a custom trip generation analysis is necessary. Per conversations with the general contractor on the pipe line construction project, the site is anticipated to receive traffic from employees, construction traffic, and delivery vehicles. A detailed Custom Trip Generation Worksheet can be found in Table 1. The worksheet is the contractor's best estimation of the anticipated traffic volumes, arrival hours, departure hours, and deliveries throughout the twelve months of construction. During the peak traffic -generation hour, 732 trips can be expected for use the site access over a single day. The land use/trip generation rates were provided by the general contractor. Please refer to Table 1 — Estimated Project Generated Traffic, for trip generation estimates. Highway 6 experiences a high volume of truck traffic in the vicinity of the Construction Yard site. Per CDOT's records, the current traffic on Highway 6 is made up of approximately 12% single unit trucks and 5% combination trucks. Trip Distribution: Based upon CDOT's 2007 traffic data and conversations with the applicant, approximately 73 percent of the employees are coming from the Parachute area. The remaining 27 percent is arriving from the DeBeque / Grand Junction area. The pipe construction project is located east of the storage yard site. Therefore, it is anticipated that a vast majority of the construction traffic will be headed east in their work trucks. \,§ Vii(( ( \ \ } © § 1 § ! 4) `6 , ! ! , ON1 ; , , _ a \ \\)}i ) ! *1: \ ! ! .2 : ! !\)) {° , I , PnY HOW 1041,151e Arrival Time% Separate by /, of VehicluMwr j { : > 4:30.5JOpm-35 vehicles 590-6J0 pm -63 vehicles, 6:30-790pm-15 v,M1iPlrt ; ! ! ! ! _ ! ; ! ! \ / \ i ) ; | j ! ] .8 ] 6 ! ) ! ` a ! 2 3 23 ) FE)05 CDOWELL ENGINEERING. TRANSPORTATION ENGINEERING CONSULTANTS Based upon the trip origination, construction yard, and construction site locations; it is assumed that 73 percent of the site -generated traffic will be coming from the east in the morning and returning to the east in the evening. The remaining 27 percent is assumed to be coming from the DeBeque / Grand Junction area to the west. It is also assumed that 95 percent of the construction work traffic will be heading toward the job site, eastbound in the morning and returning from the east in the evening. The remaining five percent of construction work traffic can be assumed to be running errands and attending meetings to the west. The applicant collected peak hour turning movement traffic counts on Thursday, December 18, 2008. It was later determined that there was an accident on County Road 300 (2.8 miles east of the site) the afternoon of the counts. However, the data collected looks to be consistent with previous counts taken in 2007 for the intersection of County Road 300 and Highway 6. CDOT did not have available hourly traffic data in the vicinity of the site. Based up on other hourly counts that were taken in 2007 along Highway 6, it appears that the highway's peak traffic volumes occur from 6-7am and 5-6pm. This is consistent with the site's trip generation data that was supplied by the contractor. Trip Assignment: Based upon the anticipated arrival and departure times of the employees, the site's peak hour is expected to occur between 5:30-6:30 in the morning and 5:30-6:30 in the evening. Based upon the site's trip generation analysis, the site can anticipate 140 inbound vehicles and 111 outbound vehicles during the morning peak hour. The evening peak hour is anticipated to have 76 inbound vehicles and 145 outbound vehicles. Criteria in the State Highway Access Code are based on automobile operations and performance. To allow for the impact of larger trucks, "passenger car equivalents" were calculated. SH 6 — Westbound Left Turn into Site SH 6 — Eastbound Right Turn into Site Site Access — Northbound Ri ht Turn out of Site Site Access — Northbound Left Turn out of Site Morning Peak Hour 102 vph 38 vph 106 vph 5 vph 102 vph 38 vph 122 vph 5 vph Evening Peak Hour 73 vph 3 vph 106 vph 39 vph 94 vph 3 vph 106 vph 39 vph 'Passenger Car Equivalents were computed per the State Highway Access Code Section 2.3(4)(e).2 2State of Colorado, State Highway Access Code, Volume 2, Code of Colorado Regulations 601-1, Revised March 2002. CDOWELL ENGINEERING.« TRANSPORTATION ENGINEERING CONSULTANTS Auxiliary Lane Requirements: Hourly traffic volumes were analyzed to determine the anticipated turning movements during the duration of this construction project. The volumes were then compared to the State Highway Access Code's turn lane warrants for an R -A roadway. 109 vph Min. 120 dhv 10 vph 25 vph 50 vph 71 vph 71 vph 6 vph 4 vph 5 vph 5 vph 4 vph 94 vph WBL turn lane from 5:30- 6:30AM 'Volumes are stated in Passenger Car Equivalents, computed per the State Highway Access Code Section 2.3(4)(e). 2Minimum DHV's per SHAC Section 3.5(5). itrAn auxiliary turn lane would be warranted per the State Highway Access code. The applicant is proposing to provide temporary traffic control during these times for the duration of the construction project. Combined with the anticipated site traffic, the eastbound traffic will likely exceed 100 DHV. Per the State of Colorado's State Highway Access Code, a left turn deceleration lane is warranted at the site access to the construction yard during the duration of the yard's anticipated use. The traffic volumes on 511 6 through February 2010 in the eastbound travel lane are not anticipated to exceed 150 DHV: Per Section 3.5(5), a right turn lane is not required. CDOWELL ENGINEERINGLL. TRANSPORTATION ENGINEERING CONSULTANTS Hourly traffic volumes were analyzed to determine the percentage of time that the through traffic movement on Highway 6 is anticipated to be impeded by the site's westbound left turning traffic. The Highway Capacity Method was utilized in the Synchro 7.0 software analysis. Traffic volumes reflect the conversion of large trucks into passenger car equivalents. *Any projected peak hour traffic impeding the traffic flow over five percent of the time was noted as a candidate for requiring traffic control. Design Waiver Request: A separate Design Waiver Request dated March 2, 2009 accompanies this submittal. Given the anticipated hourly impacts on Highway 6, the applicant is proposing a design waiver to provide temporary traffic control at the Highway 6 site access from 5:30-6:30am for the duration of the site's construction project instead of constructing a westbound left turn lane. Traffic control shall also be provided during large deliveries of construction materials to the site. Traffic control shall conform to CDOT's current standards. Sight Distance: The location of the Construction Yard access is at a horizontal point of tangency of Highway 6. Entering sight distance is greater than the 850 feet required per Table 4-2 of the State Highway Access Code for a 50mph roadway with multi -unit trucks. Special Events: Occasionally, the site will receive a large shipment of pipe and other construction supplies. Traffic control flaggers are expected to be utilized in aiding the control of traffic when these events occur. CDOWELL ENGINEERING. TRANSPORTATION ENGINEERING CONSULTANTS Conclusion: Due to the temporary nature of this access use, no off-site transportation improvements are recommended. If auxiliary turn lanes were constructed, they would be used for a short duration and then require maintenance by CDOT. The applicant is proposing to use temporary traffic control on the occasions when equipment movement is likely to interrupt traffic on Highway 6. This would include both the morning and evening peak hour traffic and when large deliveries may impede Highway 6 traffic flow. Please call if you would like any additional information or have any questions regarding this matter. Sincerely, McDowell Engineering, LLC Kari J. McDowell, PE, PTOE Traffic Engineer Access Location Exhibit State Highway Access Permit Application Title / Warranty Deed Previous Access Permit (#307041)and Notice to Proceed Design Waiver Request Synchro HCM/Queuing Analysis for Peak Hours +-a HCM Unsignalized Intersection Capacity Analysis 4: Hwy 6 & Site Access C:\MTEC\Project\M1011 Parachute SHAP Hwy 6\traffic\Synchro\Morning Peak Hour 4-30 - 5-30AM.syn Lane Configurations Volume (vehlh) 71 " 28 Sign Control Free Free Stop Grade 0% 0% 0% Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 Hourly flow rate (vph) 77 30 84 5 1 26 Pedestrians Lane Width (ft) Walking Speed (ft/s) Percent Blockage Right turn flare (veh) Median type None None Median storage veh) Upstream signal (ft) pX, platoon unblocked vC, conflicting volume 108 265 vC1, stage 1 conf vol vC2, stage 2 conf vol vCu, unblocked vol 108 265 92 tC, single (s) 4.1 6.4 6.2 77 5 24 92 tC, 2 stage (s) tF (s), p0 queue free %' cM capacity (vehlh) 2.2 94' 1483 Volume Total 108 89 27 Volume Left 0 84 1 Volume Right 30 0 26 cSH 1700 1483 949 Volume to Capacity 0.06 0.06 0.03 Queue Length 95th (ft) Control Delay (s) Lane LOS Approach Delay (s) Approach LOS 0 4 2 0.0 7.1 8.9 A A 0.0 7.1 8.9 A Average Delay 3.9 Intersection Capacity Utilization 21.2% Analysis Period (min) 15 3.5 3.3 100 97 683 965 ICU Level of Service *6:30 - 7:30 AM traffic data for US 6 was utilized, as traffic data was not collected from 4:30 - 5:30 AM. Synchro 7.0 McDowell Engineering 2/10/2009 Page 1 HCM Unsignalized Intersection Capacity Analysis 4: Hwy 6 & Site Access C:\MTEC\Project\M1011 Parachute SHAP Hwy 6\traffic\Synchro\Morning Peak Hour 5-30 - 6-30AM.s"n Lane Configurations TO 4 tf Volume (vehlh) 71 38 102 5 5 Sign Control Free Grade 0% Peak Hour Factor 0.92 0.92 Hourly flow rate (vph) 77 41 Pedestrians Lane Width (ft) Walking Speed (ft/s) Percent Blockage Right turn flare (veh) Median type None Median storage veh) Upstream signal (ft) pX, platoon unblocked vC, conflicting volume 118 vC1, stage 1 conf vol vC2, stage 2 confvol vCu, unblocked vol 118 tC, single (s) 4.1 tC, 2 stage (s) tF(s p0 queue free % cM capacity (vehlh) 0.92 Free Stop 0% 0% 0.92 0.92 0.92 5 5 133 122 325 98 6.2 22 3.5 3.3 92 99 86 1470 619 958 Volume Total 118 116 138 Volume Left 0 111 5 Volume Right 41 0 133 cSH 1700 1470 938 Volume to Capacity 0.07 0.08 0.15 Queue Length 95th (ft) 0 6 13 Control Delay (s) 0.0 7.3 9.5 Lane LOS A A Approach Delay(s) 0.0 7,3 9.5 Approach LOS A Average Delay 5.8 Intersection Capacity Utilization 27.1% ICU Level of Service Analysis Period (min) 15 *6:30 - 7:30 AM traffic data for US 6 was utilized, as traffic data was not collected from 5:30 - 6:30 AM. Synchro 7.0 McDowell Engineering 2/10/2009 Page 1 HCM Unsignalized Intersection Capacity Analysis 4: Hwy 6 & Site Access C:\MTEC\Project\M1011 Parachute SHAP Hwy 6\traffic\Synchro\Evening Peak Hour 4-30 - 5-30PM.syn —► 7 O ~ 4\ /r Lane Configurations Volume (veh/h) Sign Control Grade Peak Hour Factor Hourly flow rate (vph) Pedestrians Lane Width (ft) Walking Speed (ft/s) Percent Blockage Right turn flare (veh) Median type None None Median storage veh) Upstream signal (ft) pX, platoon unblocked vG, conflicting volume vC1, stage 1 conf vol vC2, stage 2 conf vol vCu, unblocked vol tC, single (s) tC, 2 stage (s) tF (s): p0 queuefree % cM capacity (vehm) �• 4 'V 6 1 24 19 22, 5 Free Free Stop 0.92 0.92 0.92 0.92 0.92 0.92 7 1 26 21 ' ' 24 63 Volume Total Volume Left Volume Right cSH Volume to Capacity Queue Length 95th (ft) Control Delay (s) Lane LOS Approach Delay (s) Approach LOS Average Delay Intersectibn Capacity Utilization Analysis Period (min) 8 47 0 26 1 0 1700 1613 0.00 0.02 0 1 0,0 4.1 A 0.0 4.1 80 8 80 7 4.1 6.4 6.2 2.2 98. 1613 87' 24 63 1023 0.08 7 8.8 A 8.8 A 6.8 20.5%- 15 3.5 3.3 97 94 908 1075. ICU Level of Service Synchro 7.0 McDowell Engineering 2/10/2009 Page 1 HCM Unsignalized Intersection Capacity Analysis 4: Hwy 6 & Site Access C:\MTEC\Project\M1011 Parachute SHAP Hwy 6\traffic\Synchro\Evening Peak Hour 5-30 - 6-30PM.svn Lane Configurations Volume (veh/h) Sign Control Grade Peak Hour Factor Hourly flow rate ()/ph) Pedestrians Lane Width (ft) Walking Speed (ft/s) Percent Blockage Right turn flare (veh) Median type None Median storage veh) Upstream signal (ft) pX, platoon unblocked vC, conflicting volume 8 vC1, stage 1 conf vol vC2, stage 2 conf vol vCu, unblocked vol 8 214 6 tC, single (s) 4.1 6.4 6.2 tC, 2 stage (s) tF(s)i 2,22 3.5 3.3 p0 queue free % 94 94 89 cM capacity (veh/h) 1613 ' 726 1077 4 ¥ 4 3 94 3 39 106 Free Free Stop 0% '.. 0% 0% 0.92 0.92 0.92 0.92 0.92 0.92 4 3 102 3 42 115 Volume Total 8` 105 Volume Left 0 102 Volume Right 3 0 cSH 1700 1613 Volume to Capacity 0.00 0.06 Queue Length 95th (ft) 0 5 Control Delay (s) 0.0 7.2 Lane LOS A Approach Delay (s) 0.0 7.2 Approach LOS �'ssr 158 42 115 953 0.17 15 9.5 A 9.5 A Average Delay 8.3 Intersection Capacity Utilization 27.4% Analysis Period (min) 15 ICU Level of Service A Synchro 7.0 McDowell Engineering 2/10/2009 Page 1 HCM Unsignalized Intersection Capacity Analysis 4: Hwy 6 & Site Access C:\MTEC\Project\M1011 Parachute SHAP Hwy 6\traffic\Synchro\Evening Peak Hour 6-30 - 7-30PM.syn —r' 7 4 ~ 4 Lane Configurations 4 ¥ Volume (veh/h) 4 1 14 3 5 Sign Control Free Free Stop Grade 0% 0% 0% Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 Hourly flow rate (vph) " 4 1 15 3 5 16 Pedestrians Lane'Width (ft) Walking Speed (ft/s) Percent Blockage Right turn flare (veh) Median type Median storage veh) ....... _. Upstream signal (ft) pX, platoon unblocked vC, conflicting volume 5 vC1, stage 1 conf vol vC2, stage 2 conf vol vCu, unblocked vol 5 39 5 tC, single (s) 4.1 6.4 6.2 tC, 2 stage (s) tF (s) 2.2 's 3.5 3.3 p0 queue free % 99 99 98 cM capacity (veh/h) 1616 964 1078 0.92 None None Volume Total 5 18 Volume Left 0 15 Volume Right 1 0 cSH 1700 1616 Volume to Capacity 0.00 0.01 Queue Length 95th (ft) 0 1 Control Delay (s) 0.0 6.0 Lane LOS A Approach Delay (s) 0.0 6.0 Approach LOS 22 5 16 1047 0.02 2 8.5 A 8.5 A Average Delay Intersection Capacity Utilization Analysis Period (min) 6.5 17.6% 15 ICU Level of Service Synchro 7.0 McDowell Engineering 2/10/2009 Page 1 CD0WELL ENGINEERING,. TRANSPORTATION ENGINEERING CONSULTANTS Summary The construction yard access located at MP 67.70 on US Highway 6 in Garfield County is proposed to be used as a construction staging yard. This use is anticipated to cease in February 2010. The site traffic is anticipated to warrant the State Highway Access Code's conditions for constructing a westbound left turn lane to accommodate the site traffic. Given the temporary nature of the construction yard, and expenses associated with the widening and maintenance of additional turn lane facilities, it was determined that a temporary traffic control measure would be more appropriate. The recommendation is for the site applicant to provide temporary traffic control at the site access to Highway 6. McDowell Engineering has presented recommended two options. The first is for the applicant to provide advanced warning signage and flaggers during the site's peak hours and for deliveries by trucks longer than 50 feet in length. The second option is for the applicant to provide a temporary traffic signal at the site access during the site's peak hours and for deliveries by trucks longer than 50 feet in length. The intent of giving two recommended options is for the applicant to determine which alternative is more logistically and economically feasible for thein to maintain for the duration of the project. Both recommended options and their respective Methods of Handling Traffic are detailed on the attached Traffic Control Plan and Notes. Please call if you would like any additional information or have any questions regarding this matter. Sincerely, McDowell Engineering, LLC Kari J. McDowell, PE, PTOE Traffic Engineer Encl. Traffic Control Plan and Method of Handling Traffic CDOWELL ENGINEERING LLC TRANSPORTATION ENGINEERING CONSULTANTS 6. Monitor and Evaluate In -Service Performance The intersection should be monitored throughout the 12 month construction project to ensure that the recommended traffic mitigation procedures are adequate. The engineer shall be notified if there are modifications to the anticipated traffic patterns. Other alternatives considered Potential impacts to safety and traffic operations Mitigation measures considered Mitigation measures to be implemented CDOWELL ENGINEERING LLC TRANSPORTATION ENGINEERING CONSULTANTS Applicable drawin • s Substantive safety of current location Other technical resources Full turn lane construction Warning signage only, Temporary traffic signal Left turning site traffic may impede SH 6 through traffic. Flagger should mitigate. Warning sign only, advanced temporary traffic signal. Full turn lane construction Warning signage only, Temporary traffic control with warning devices and fla_:ers Left turning site traffic may impede SH 6 through traffic. Signal should miti I ate. waming signage and flaggers, Advanced waming signage, reduced speed limit, and flaggers during peak hours and large deliveries per the TCP and MHT. Advanced waming signage, reduced speed limit, and temporary traffic signal during peak hours and Large deliveries per the TCP and MHT. Attached Traffic Control Notes Traffic Control Plan, and Method of Handlin • Traffic. Highway 6 has good sight distance in the vicinity of the site access. The proposed design exception is to mitigate the turning traffic with advanced signage, a reduced speed limit, and flaggers (12 month duration) instead of constructing turn lanes that would require long term maintenance by CDOT. Highway 6 has good sight distance in the vicinity of the site access. The proposed design exceptions are to mitigate the turning traffic with a temporary signal (12 month duration) instead of constructing turn lanes that would require long term maintenance by CDOT. State Highway Access Code, H'ghway Capacity Manual, Synchro 7.0 Software, Manual on Uniform Traffic Control Devices CDowELL ENGINEERING. TRANSPORTATION ENGINEERING CONSULTANTS 5. Document, Review, and Approve Location of design exception, includin_ length Access is located at MP 67.70 on SH 006M between Debeque and Parachute, CO Design speed Posted 50mph Desi :n 60m oh Traffic volumes and composition Per CDOT's 2007 Data: 1,000 AADT 120 DHV 16.4% Trucks Design elements exception Provide traffic control and flaggers during peak hours and large deliveries as opposed to constructing turn lanes. Provide temporary traffic signal during peak hours and large deliveries as opposed to constructing turn lanes. Minimum value or ran_e 600' left turn lane and associated redirect tapers Design value reference document State of Colorado's State Highway Access Code, revised March 2002 Proposed value 0' turn lanes, TTC & fla _ _ ers 0' tum lanes, temporary signal Reason for design exce.tion Short duration of intended use at access, context sensitive solution. Site constraints None. The access was previously improved via another SHAP/NTP to accommodate lar_e trucks. Costs and im.acts of full meetin: desi_n criteria ROW costs None Construction costs $300,000 Social costs Continued CDOT maintenance Tables, charts, drawin_s State Highway Access Code Section 4.8 CD0WELL ENGINEERING,LL. TRANSPORTATION ENGINEERING CONSULTANTS 4. Evaluate Mitigation Measures 4.1. Alternative A provided a westbound left turn lane into the site. (No design exceptions) The widening of the highway would be costly and require maintenance after the temporary access use is gone. 4.2. Alternative B provided signage warning of "Turning Truck Traffic." The design exception at the access would be not providing the left tum lane, and instead providing only advanced warning signage. Although inexpensive, the signs are likely to be ignored over time. There is no assistance to direct the turning traffic at the construction yard access. 4.3. Alternative C provided advanced warning signage, reduced speed limit, and flaggers. The design exception would be not providing the left turn lane, and instead directing traffic manually during the peak hours and during large deliveries. The traffic control provider is responsible for directing traffic at the site access. 4.4. Alternative D provided advanced warning signage and temporary traffic signal. The design exception would be not providing the left turn lane, and instead directing traffic with the signal during the peak hours and during large deliveries, The traffic control provider is responsible for directing traffic at the site access. The recommendation is for the site applicant to provide temporary traffic control at the site access to Highway 6. McDowell Engineering has presented recommended two options. Given the short project duration, and costly impacts of widening Highway 6, Alternative C and D are the preferred alternatives to providing traffic mitigation at this site access for the short duration of the access use as a construction staging yard. 1. The first is for the applicant to provide advanced warning signage and flaggers during the site's peak hours and for deliveries by trucks longer than 50 feet in length. 2. The second option is for the applicant to provide a temporary traffic signal at the site access during the site's peak hours and for deliveries by trucks longer than 50 feet in length. The intent of giving two recommended options is for the applicant to determine which alternative is more logistically and economically feasible for them to maintain for the duration of the project. Both recommended options and their respective Methods of Handling Traffic are detailed on the attached Traffic Control Plan and Notes. CD0WELL ENGINEERING LLC TRANSPORTATION ENGINEERING CONSULTANTS No design exception. 5001f deceleration and taper, 1001f storage, and associated redirect taxers. No design exception. Infrastructure to remain in place and to be maintained by CDOT. 1,0001f advanced signage in each direction of access. 2,000 if advanced signage in each direction of access. 12 months. 2.8 miles west of the US6 / CR 300 intersection 2,000 if advanced signage in each direction of access. 12 months. 2.8 miles west of the US6 / CR 300 intersection High 12 months. 2.8 miles west of the US6 / CR 300 intersection Low 2.8 miles west of the US6 / CR 300 intersection Medium - High Medium - High CDOWELL ENGINEERING. TRANSPORTATION ENGINEERING CONSULTANTS 2. Evaluate Risk Low — Additional turn lane, signage and striping are obvious. Medium — Advanced signage warning of "turning track traffic." May be impeded during inclement weather. Signs may be disregarded over time. Relatively Low — Traffic control signage and flagger would direct traffic at the site access during peak periods. Relatively Low — Traffic signal would direct traffic at the site access during peak periods. High — Design would be per State Highway Access Code. Low — Alternative provides signage only, no on-site personnel. Signage may be ignored over time. Medium/High — Traffic control would be the responsibility of the traffic control provider. Medium/High — Traffic signal would be the responsibility of the traffic control provider. R -A Classification, 1,000 ADT 12% Single Unit Trucks 5% Combination Trucks 50mph Posted Speed, Min. SSD = 425' R -A Classification, 1,000 ADT 12% Single Unit Trucks 5% Combination Trucks 50mph Posted Speed, Min. SSD = 425' R -A Classification, 1,000 ADT 12% Single Unit Trucks 5% Combination Trucks 50mph Posted Speed, Min. SSD = 425' With 40mph, Min. SSD = 305' R -A Classification, 1,000 ADT 12% Single Unit Trucks 5% Combination Trucks 50mph Posted Speed, Min. SSD = 425' With 40mph, Min. SSD = 305' No design exception. High — Provides only signage to warn of fuming truck traffic. Medium — Provides altemative traffic control. Medium — Provides alternative traffic control. No. No. No. No. CDOWELL ENGINEERING. TRANSPORTATION ENGINEERING CONSULTANTS 1. Develop and Evaluate Multiple Alternatives Develop multiple alternatives, evaluate, and compare, including the altemative that meets full criteria. 1.1. Alternative A — Construct a Westbound Left Turn Lane 1.2. Alternative B — Provide Temporary Traffic Control warning of "Turning Truck Traffic" during the site's peak traffic hours throughout the 12 month duration of the construction project 1.3. Alternative C — Provide Temporary Traffic Control (advanced warning signage, reduced speed limit, and flaggers) during the site's peak traffic hours and during large deliveries throughout the 12 month duration of the construction project. 1.4. Alternative D — Provide Temporary Traffic Signal (advanced warning signage, reduced speed limit, and signal) during the site's peak traffic hours and during large deliveries throughout the 12 month duration of the construction project. Evaluation of the three alternatives is provided in Section 3 below. CDUWELL ENGINEERING.LL. 1. TRANSPORTATION ENGINEERING CONSULTANTS Deterrnine the Costs and Impacts of Meeting Design Criteria Investigate what it takes to fully meet design criteria and develop a clear understanding of the costs and impacts. 1.1. How well does a design that meets full criteria fit in with its surroundings? Per the State of Colorado's State Highway Access Code, a left turn deceleration lane is warranted at the site access to the construction yard during the duration of the yard's anticipated use. All volumes were adjusted to accommodate passenger car equivalents for large trucks. 1.2. What are the impacts to the natural environment? Widening Highway 6 to accommodate the left turn lane would require a larger highway cross section. The additional lane would increase Highway 6's footprint on the land. 1.3. What are the social impacts - impacts to neighborhoods, communities, historic and cultural resources? This area is primarily vacant land or industrial uses. No social impacts are anticipated. 1.4. What are the construction and right-of-way costs and impacts of fully meeting design criteria? The construction costs could be anticipated around $300,000 for widening Highway 6 to include a left turn lane at the construction yard's site access. No additional right-of-way acquisition would be anticipated. The additional highway footprint would be owned and maintained by CDOT. 1.5. What is the expected safety and operational performance of the design that meets full criteria? With the addition of a westbound left turn lane, the site access would be expected to operate at a Highway Capacity Manual (HCM) Level of Service A. The additional turn lane would allow for a deceleration and storage lane to accommodate taming site traffic and reduce impedance of the highway. This design waiver is requesting to utilize temporary traffic control measures for the 12 month duration of the project. CDOWELL ENGINEERING,LLC TRANSPORTATION ENGINEERING CONSULTANTS Proposed Design Waiver Request: The proposed construction yard land use would trigger the need for auxiliary turn lanes at the site per the State of Colorado's State Highway Access Code. Due to the temporary nature of this access use, this design waiver is proposing that no off-site transportation improvements are constructed. If auxiliary turn lanes were constructed, they would be used for a short duration and then require maintenance by CDOT. The applicant is proposing to use temporary traffic control on the occasions when the construction yard traffic is likely to interrupt traffic on Highway 6. This would include both the morning and evening peak hour traffic and when large deliveries may impede Highway 6 traffic flow. CDOT Region 3 staff is requesting a design waiver analysis consistent with the Federal Highway Administration's (FHWA) design waiver process. FHWA Design Waiver Analysis: The FHWA has developed a process to evaluate and document a decision to deviate from adopted design criteria. The process includes evaluation of the following: 1. Determine the Costs and Impacts of Meeting Design Criteria 2. Develop and Evaluate Multiple Alternatives 3. Evaluate Risk 4. Evaluate Mitigation Measures 5. Document, Review, and Approve 6. Monitor and Evaluate In -Service Performance The purpose of this document is to evaluate items 1-6 listed above in relation to the construction yard's request to provide traffic control for their temporary construction project as opposed to constructing full turn lanes at the site access. CDOWELL ENGINEERINGLL. TRANSPORTATION ENGINEERING CONSULTANTS To: CDOT Region 3 Access Manager 222 South 6th Street, Room 100 Grand Junction, CO 81501 Attn. Devin Drayton From: Kari J. McDowell, PE, PTOE Date: February 6, 2009 March 2, 2009 Revised Re: Construction Yard Garfield County, Colorado Project Background: Design Waiver Request The applicant is anticipating a pipeline construction project with the need for a construction storage yard. The storage yard parcel is located adjacent to Highway 6, west of Parachute, in Garfield County, Colorado. The construction project is anticipated to extend through February 2010. The site is not anticipated to continue as a construction staging yard in the future. The proposed storage yard site access is located in the same location as an existing access, in the vicinity of Milepost 67.70, on the south side of Highway 6. The access is located approximately 2.8 miles west of County Road 300. This Design Waiver Request is accompanied by a Traffic Memo dated March 2, 2009. COLORADO DEPARTMENT OF TRANSPORTATION STATE HIGHWAY ACCESS CODE - DESIGN WAIVER Region/Section/Patrol Region 3 Local Jurisdiction Garfield County State Highway No/Mp/Side SH 00614, MP 67.70, South Permit No. (if approved) WHEN USED, THIS FORM SHALL BE ACCOMPANIED BY AN ACCESS PERMIT APPLICATION. 1. State specific reasons for this waiver request. Documents verifying statements should be provided with the request. State the specific sections of the State Highway Access Code from which this request seeks relief. (Additional sheets may be attached). If waiver is temporary, state conditions which will change allowing the access to conform to the access code. if date is known when conformance can be achieved, provide that date. See attached Design Waiver Request. NOTICE: Providing false information to a government agency is punishable as perjury in the second degree, as well as being punishable under any other applicable state or federal laws. This form submitted by (X) Kari J. McDowell, PE, PTOE Date February 9, 2009 ITEMS BELOW THIS LINE ARE FOR OFFICE USE ONLY. 2. Recommendation of local government authority. When local government has issuing authority, this recommendation must be signed by an authorized offical. (provide written statement) (x) Date 3. Recommendation of region traffic and safety engineer or design engineer: (provide written statement) (x) Date 4. Recommendation of the region access manager: (provide written statement) (X) Date FINAL ACTION TAKEN BY THE REGION TRANSPORTATION DIRECTOR: Having reviewed this waiver request and all materials attached, 1 herebyg approve, p deny, this request for waiver from the design standards of the State Highway Access Code. (signature shall be that of a registered professional engineer) (x) Date Copy distribution, required copies 1. Region permit files 2. Staff Access Section. Previous editions are obsolete and may not be used CDOT Form # 112 8/98 STATE OF COLORADO Region 3 Traffic Section 222 S. Sixth St, Room 100 Grand Junction, Colorado 81501 (970) 683-6284 Fax:(970) 683-6290 August 11, 2009 Alex Lopez EPCO PO Box 1298 Grand Junction, CO 81502 s VAIRNENI OF TRIOS WHlAltON RE: State Highway Access Permit No. 309083, Located on Highway 006, Milepost 673, in Garfield County Dear Permittee or Applicant: The Colorado Department of Transportation (CDOT) has received your signed permit and application fee. A copy of the issued permit is enclosed. CDOT has issued a Notice to Proceed for this permit since the permit did not require any additional construction of the access. Please keep a copy of the access permit and the notice to proceed for your files. If you have any questions or need more information, please contact me at the office listed above. Respectfully, Dan Roussin Region 3 Access Manager File COLORADO DEPARTMENT OF TRANSPORTATION STATE HIGHWAY ACCESS CODE NOTICE TO PROCEED CBOT Permit No. 309083 SH006 006 M / 67.700 / L LocalJurlsdidIon Garfield County Permittee(s): Applicant: Specialty Restaurants EPCO Alex Lopez 8191 E Kaiser Boulevard PO Box 1298 Anaheim, CA 92808 Grand Junction, CO 81502 The permittee is hereby authorized to proceed with access construction within state highway right-of-way in accordance with the above referenced State Highway Access Permit and this Notice to Proceed. This Notice to Proceed is valid only if the referenced Access Permit has not expired. Access Permits expire one year from date of issue if not under construction, or completed. Access Permits may be extended in accordance with Section 2.3(11)(d), of the Access Code. Adequate advance warning is required at all times during access construction, in conformance with the Manual on Uniform Traffic Control Devices for Streets and Highways. All construction shall be completed in an expeditious and safe manner and shall be finished within 45 days from initiation. The permittee or applicant shall notify the Department prior to commencing construction as indicated on the Access Permit. Both the Access Permit and this Notice To Proceed shall be available for review at the construction site. This Notice to Proceed is conditional. The following items shall be addressed prior to or during construction as appropriate. Municipality or County Approval (When the appropriate local authority retains Issuing authority) By (X) Title Date This Notice is not valid until signed by a duly authonzed representative of the Department Colorado Department of Transportation By (X) 72,4)Afg Title il fYil/1rN1�/Ilk 'ryas8/11/2009 Date Copy distribution: Required: ----Mak copies as necessary for. Inspector Todd Blake Applicant MICE Patrol Traffic Engineer Staff Access Section 09-2 Dave Jad<son Region (original) Local Authority Form 1265 8/99,6/99 COLORADO DEPARTMENT OF TRANSPORTATION j STATE HIGHWAY ACCESS PERMIT �1-r1 Y.--:Z COOT Permit No. 309083 elate Highway NoJAAp Side 006 M / 67.700 / L Permit fee $100.00 Date of transmittal 7/28/2009 Region/Section/Patrol 3/02/09-2 Dave Jackson Local Judsdklton Garfield County The Permittee(s); Applicant: Ref No.: Specialty Restaurants EPCO Alex Lopez 8191 E Kaiser Boulevard PO Box 1298 Anaheim, CA 92808 Grand Junction, CO 81502 970-984-3720 970-261.6305 Is hereby granted permission to have an access to the slate highway at the bealion noted below, The access shall be constructed, maintained and used In accordance with this permit. including the Stale Highway Access Coda and any attachments, lens, Conditions and exhibits. This peril may be revoked by the issuing authority if al any lime the permitted access and lis use violate any parts of Ihb permit. The issuing authority, the Department and Ihetr duly appointed agents and employees shall be held harmless against any action /or personal Injury or property damage sustained by reason of the exercise at the pang. Location: Located on the south side of hwy 006M. a distance of 1484 feel west of mm 68. Access to Provide Service to: (Lind use code:) (Stec or Count) , Units, 130 - Industrial Park - Contractors Yard 20 DHV Additional Information: MUNICIPALITY OR COUNTY APPROVAL Required only when the appropriate local authority retains issuing authority. Signature Print Name Title Date Upon the signing of this permit the permittee agrees to the terms and conditions and referenced attachments contained herein. All construction shall be completed in an expeditious and safe manner and shall be finished with n 45 days from Initiation. The permitted access shall be completed in accordance with the terms and conditions of the permit prior to being used. The permittee shall notify Todd Blake with the Colorado Department of Transportation In Grand Junction, Colorado at (970) 683-6307, at least 48 hours prior to oommendng construction within the State Highway right-of-way. The person signing as the permihea must be the owner or legal representative of the property served by the permitted access and have full authority to accept the permit and its to and conditions, Permittee na re Po ame [[�� Date .0 CS STA I-� g (5` 0 This permit is not valid until signed by a duly authorized representative of the Department. COLORADO DEPARTMENT OF TRANSPORTATION Signa i Priynj�V�ame r Tilt Date (of issue) (, �^w—,—`d--�,� ..- �7 ,{%/1/ VPintP,-1 d1, "U as-L {�/1 Af n 'S / / "J -F1 27-1/-1.)? py rlelrlbullont equxed: 1.Region 3,Slalr Access Seaton Lace) Authority Inspector 2Applicanl 4.Cenaal Files MICE Pabd Traffic Engineer e copies as necessary for; Previous Selena tie obsolete end may not be used Page 1 G13 COOT Fonn 0161 5/07 State Highway Access Permit Form 101, Page 2 The following paragraphs are excerpts of the State Highway Access Code. These are provided for your convenience but do not alleviate compliance with ail sections of the Access Code. A copy of the State Highway Access Code is available from your local issuing authority (local government) or the Colorado Department of Transportation (Department). When this permit was issued, the issuing authority made its decision based in part on information submitted by the applicant, on the access category which is assigned to the highway, what alternative access to other public roads and streets is available, and safety and design standards. Changes in use or design not approved by the permit or the issuing authority may cause the revocation or suspension of the permit APPEALS 1. Should the permittee or applicant object to the denial of a permit application by the Department or object to any of the terms or conditions of a permit placed there by the Department, the applicant and permittee (appellant) have a right to appeal the decision to the [Transportation] Commission [of Colorado]. To appeal a decision, submit a request for administrative hearing to the Transportation Commission of Colorado within 60 days of Transmittal of notice of denial or transmittal of the permit for signature_ Submit the request to the Transportation Commission of Colorado, 4201 East Arkansas Avenue, Denver, Colorado 602223400. The request shall include reasons for the appeal and may include changes, revisions, or conditions that would be acceptable to the permittee or applicant. 2. Any appeal by the applicant or permittee of action by a local issuing authority shall be tiled with the local authority and be consistent with the appeal procedures of the local authority. 3. In submitting (he request for administrative hearing, the appellant has the option of including within the appeal a request for a review by the Department's internal administrative review committee pursuant to [Code] subsection 2.10. When such committee review is requested, processing of the appeal for formal administrative hearing, 2.9(5) and (6), shall be suspended until the appellant notifies the Commission to proceed with the administrative hearing, or the appellant submits a request to the Commission or the administrative law judge to withdraw the appeal. The two administrative processes, the internal administrative review committee, and the administrative hearing, may not run concurrently. 4. Regardless of any communications, meetings, administrative reviews or negotiations with the Department or the internal administrative review Committee regarding revisions or objections to the permit or a denial, if the permittee or applicant wishes to appeal the Department's decision to the Commission for a hearing, the appeal must be brought to the Commission within 60 days of transmittal of notice of denial or Transmittal of the permit. PERMIT EXPIRATION 1. A permit shall be considered expired if the access Is not under construction within ane year of the permit issue date or before the expiration of any authorized extension. When the permittee is unable to commence construction within one year after the permit issue date, the permittee may request a one year extension from the issuing authority. No more than two one-year extensions may be granted under any circumstances. If the access is not under construction within three years from date of issue the permit will be considered expired. Any request for an extension must be in writing and submitted to the issuing authority before the permit expires. The request should state the reasons why the extension is necessary, when construction Is anticipated, and include a copy of page 1 (face of permit) of the access permit. Extension approvals shall be in writing. The local issuing authority shall obtain the concurrence of the Department prior to the approval of an extension, and shall notify the Department of all denied extensions within ten days. Any person wishing to reestablish an access permit that has expired may begin again with the application procedures. An approved Notice to Proceed, automatically renews the access permit for the period of the Notice to Proceed. CONSTRUCTION 1. Construction may not begin until a Notice to Proceed Is approved. (Code subsection 2.4] 2. The construction of the access and its appurtenances as required by the terms and conditions of the permit shall be completed at the expense of the permittee except as provided In subsection 2.14. All materials used in the construction of the access within the highway right-of-way or on permanent easements, become public property. Any materials removed from the highway right-of-way will be disposed of only as directed by the Department. All fencing, guard rail, traffic control devices and other equipment and materials removed in the course of access construction shall be given to the Department unless otherwise instructed by the permit or the Department inspector, 3. The permittee shall notify the individual or the office specified on the permit or Notice to Proceed at least two working days prior to any construction within state highway right-of-way. Construction of the access shall not proceed until both the access permit and the Notice to Proceed are issued. The access shall be completed in an expeditious and safe manner and shall be finished within 45 days from initiation of construction within the highway right-of-way. A construction time extension not to exceed 30 working days may be requested from the individual or office specified on the permit. 4. The issuing authority and the Department may inspect the access during construction and upon completion of the access to ensure That all terms and conditions of the permit are met. Inspectors are authorized to enforce the conditions of the permit during construction and to halt any activities within state right-of-way that do not comply with the provisions of the permit, that conflict with concurrent highway construction or maintenance work, that endanger State Highway Access Permit Form 101, Page 3 highway property, natural or cultural resources protected by law, or the health and safety of workers or the public. 5. Prior to using the access, the permittee is required to complete the construction according to the terms and conditions of the permit. Failure by the permittee to abide by all permit terms and conditions shall be sufficient cause for the Department or issuing authority to Initiate action to suspend or revoke the permit and close the access. If in the determination of the Department or issuing authority the failure to comply with or complete the construction requirements of the permit create a highway safety hazard, such shall be sufficient cause for the summary suspension of the permit. If the permittee wishes to use the access prior to completion, arrangements must be approved by the issuing authority and Department and included In the permit. The Department or issuing authority may order a halt to any unauthorized use of the access pursuant to statutory and regulatory powers. Reconstruction or Improvement of the access may be required when the permittee has failed to meet required specifications of design or materials. If any construction element fails within two years due to improper construction or material specifications, the permittee shall be responsibte for all repairs. Failure to make such repairs may result in suspension of the permit and closure of the access. 6. The permittee shall provide construction traffic control devices at all times during access construction, In conformance with the M.U,T.C.D. as required by section 424-104, C,R.S., as amended. 7. A ufilily permit shall be obtained for any utility work within highway fight -of -way. Where necessary to remover relocate, or repair a traffic control device or public or private utilities for the construction of a permitted access, the relocation, removal or repair shall be accomplished by the permittee without cost to the Department or issuing authority, end at the direction of the Department or utility company. Any damage to the state highway or other public right-of-way beyond that which Is allowed In the permit shall he repaired immediately. The permittee is responsible for the repair of any utility damaged in the course of access construction, reconstruction or repair. 8. In the event It becomes necessary to remove any right-of- way fence, the posts on either side of the access shall be securely braced with an approved end post before the fence is cut to prevent any slacking of the remaining fence. All posts and wire removed are Department property and shall be turned over to a representative of the Department. 9. The permittee shall ensure that a copy of the permit is available for review at the construction site at all times. The permit may require the contractor to notify the Individual or office specified on the permit at any specified phases in construction to allow the field inspector to inspect various aspects of construction such as concrete forms, subbase, base course compaction, and materials specifications. Minor changes and additions may be ordered by the Department or local authority field Inspector to meet unanticipated site conditions. 10. Each access shall be constructed in a manner that shall not cause water to enter onto the roadway or shoulder, and shall not interfere with the existing drainage system on the right-of- way or any adopted municipal system and drainage plan. 11. The Permittee is responsible for obtaining any necessary additional Federal, State and/or City/County permits Form 101, Page 3 or clearances required for construction of the access, Issuance of this access permit does not constitute verification of the above required actions by the Permittee. By accepting the permit, the permittee stipulates and agrees to fully protect, save, defend, indemnify, and hold harmless, to the extent allowed by law, the issuing Authority, and each of the Authority's directors, officers, employees, agents and representatives, from and against any and all claims, costs (including but not limited to all reasonable fees and charges of engineers, architects, attorneys, and other professionals or expert witnesses and all court or other dispute resolution costs directly Incurred by reason of claims directly brought against the Authority). losses, damages, pre- or post- judgment interest, causes of action, suits, or liability of any nature whatsoever by reason of liability imposed due to Permittee's failure to obtain, or disregard of, any applicable federal, state or local environmental permits, approvals, authorizations, or clearances, or In meeting or complying with any applicable federal, state or local environmental law, regulation, condition or requirements In connection with any activities authorized by thls Access Permit. CHANGES IN ACCESS USE ANO PERMIT VIOLATIONS 1. It is the responsibility of the property owner and permittee to ensure that the use of the access to the property is not in violation of the Code, permit terms and conditions or the Act. The terms and conditions of any permit are binding upon all assigns successors -in -interest, heirs and occupants. If any significant changes are made or will be made in the use of the property which will affect access operation, traffic volume and or vehicte type, the permittee or property owner shall contact the focal issuing authority or the Department to determine if a new access permit and modifications to the access are required. 2. When an access is constructed or used in violation of the Code, section 43-2-147(5)(c), C.R.S., of the Act applies. The Department or Issuing authority may summarily suspend an access permit and Immediately order closure of the access when its continued use presents an immediate threat to public health, welfare or safety. Summary suspension shall comply with article 4 of title 24, C.R.S. MAINTENANCE 1. The permittee, his or her heirs, successors -in -interest, assigns, and occupants of the property serviced by the access shall be responsible for meeting the terms and conditions of the permit, the repair and maintenance of the access beyond the edge of the roadway including any cattle guard and gate, and the removal or clearance of snow or ice upon the access even though deposited on the access In the course of Department snow removal operations. Within unincorporated areas the Department will keep access culverts clean as part of maintenance of the highway drainage system. However, the permittee Is responsible for the repair and replacement of any access -related culverts within the right-of-way. Within incorporated areas, drainage responsibilities for municipalities are determined by statute and local ordinance. The Department will maintain the roadway including auxiliary lanes and shoulders, except in those cases where the access installation has failed due to improper access construction and/or Failure to follow permit requirements and specifications in which case the permittee shall be responsible for such repair. Any significant repairs such as culvert replacement, resurfacing, or changes in design or specifications, requires authorization From the Department. STATE HIGHWAY ACCESS PERMIT 309083 Located on Highway 006M near RP 67.7 Right Issued to: Specialty Restaurants Inc. July 28, 2009 TERMS AND CONDITIONS 1. This access is approved as constructed in accordance with Section 2.6(3) of the Access Code. 2. The traffic volume is for 20 design hourly volume. 3. The access will for the use of a contractor yard. 4. This permit replaces any and all additional access permits that may be in existence. 5. This permitted access is only for the use and purpose stated in the Application and Permit. This Permit is issued in accordance with the State Highway Access Code (2 CCR 601-1), and is based in part upon the information submitted by the Permittee. Any subsequent relocation, reconstruction, or modifications to the access or changes in the traffic volume or traffic nature using the access shall be requested for by means of a new application. Any changes causing non-compliance with the Access Code may render this permit void, requiring a new permit. 6. The traffic limitations listed on the face of this permit shall be adhered to. The traffic volumes are listed in Design Hourly Volume (DHV) trips or Average Daily Trips (ADT) where entering the site and returning counts as two trips. 7. The existing culvert shall be kept free of blockage to maintain proper flow and drainage. - 2 - COLORADO DEPARTMENT OF TRANSPORTATION Environmental Clearances Information Summary PURPOSE - This summary is intended to inform entities external to CDOT that may be entering the state highway right-of-way to perform work related to their own facilities (such as Utility. Special Use or Access Permittees), about some of the more commonly encountered environmental permits/clearances that may apply to their activities. This listing is not all-inclusive - additional environmental or cultural resource permits/clearances may be required in certain instances, Appropriate local, state and federal agencies should be contacted for additional information if there is any uncertainty about what permits/clearances are required for a specific activity. IMPORTANT - Please Review The Following Information Carefully - Failure to Comply With Regulatory Requirements May Result In Suspension or Revocation of Your CDOT Permit, Or Enforcement Actions By Other Agencies CLEARANCE CONTACTS - As indicated in the permit/clearance descriptions listed below, the following individuals or agencies may be contacted for additional information: • Colorado Department of Public Health and Environment (CDPHE) - General Information - (303) 692-2035 Water Quality Control Division (WQCD) (303) 692-3500 Environmental Permitting Website htto://www.cdphe.state.co.us/permits.aae, • CDOT Water Quality Program Manager; Rick Willard (303) 757-9343 • CDOT Asbestos Project Manager; Julia Horn (303) 512-5519 • Colorado office of Archaeology and Historic Preservation: (303) 866-3395 • U.S. Army Corps of Engineers, District Regulatory Offices Omaha District (NE Colorado), Denver Office (303) 979-4120 htto://www.nwo.usace.armv.mil/html/od-tl/tri-lakes.html Sacramento Dist. (Western CO), Grand Junction Office (970) 243.1199 httpJ/www.spk.usace.armv.mil/cespk-co/regulatory/ Albuquerque District (SE Colorado), Pueblo Reg. Office (719)-543-6915 htto://www.spa.usace.armv.mil/req/ • CDOT Utilities. Special Use and Access Permitting: (303) 757-9654 htip://Www.dot.state.co.us/Permits/ Ecological Resources - Disturbance of wildlife shall be avoided to the maximum extent practicable. Entry into areas of known or suspected threatened or endangered species habitat will require special authorization from the CDOT permitting office. If any threatened or endangered species are encountered during the progress of the permitted work, work in the subject area shall be halted and the CDOT Regional Permitting Office and Regional Planning and Environmental Manager shall be contacted immediately. Authorization must be provided by CDOT prior to the continuation of work. Information about threatened or endangered species may t1(wVfW-drit:rfalelXD.l4Rfa11V1[9Rme,R1aIAIVlldfif8/L,3UISietiheS.aSROf the GOlerad0 Division Of be obtained from the CDOT websitetiei7 Wildlife website http7/culldufe.etete. ia.teS hMldfdeSeables/SoedssOIConcemi. Additional guidance may be provided by the Regional Permitting Office In the Permit Special Provisions. Cultural Resources - The applicant must request a filo search of the permit area Through the Colorado Office of Archaeology and Historic Preservation (OAHP), Denver. to ascertain it historic or archaeological resources have previously been identified. Inventory of the permit area by a qualified cultural resources specialist may be necessary, per the recommendation of OAHP and/or CDOT. If archaeological or historical artifacts aro encountered during the progress of the permitted work, work in the subject area shall be halted and the CDOT Regional Permitting Office and Regional Planning and Environmental Manager shall be contacted immediately. Authorization must be provided by CDOT prior to the continuation of work. Additional guidance may be provided by the Regional Permitting Office in the Permit Spacial Provisions, Contact Information Contact the OAHP at (303) 866-3395. General Prohibition - Discharges - All discharges are subject to the provisions of the Colorado Water Quality Control Act and the Colorado Discharge Permit Regulations. Prohibited discharges Include substances such as wash water. paint. automotive fluids, solvents, oils or soaps. Contact Information: Contact the CDOT Wator Quality Program Manager at (303) 757-9343, or the Colorado Department of Public Health and Environment, Water Quality Control Division (WQCD) at (303) 692-3500. General Authorization - Allowable Non-Stormwater Discharges - Unless otherwise identified by CDOT or the WQCD as significant sources of pollutants to the waters of the State, the following discharges to stormwater systems are allowed without a Colorado Discharge Permit System permit: landscape irrigation, diverted stream flows, uncontaminated ground water infiltration to separate storm sewers, discharges from potable water sources. foundation drains, air conditioning condensation. Irrigation water, springs, footing drains; water line gushing, flows from riparian habitats and wetlands, and flow from fire Lighting activities. Contact Information: The COOT Water Quality Program Manager or the CDPHE Water Quality Control Division (telephone #'s listed above), Hazardous Materials, Solid Waste - The Solid Wastes Disposal Sites and Facilities Act C.R.S. 30-20-100. et al, and Regulations Pertaining to Solid Waste Disposal Sites and Facilities (6 CCR 1007-2), prohibit solid waste disposal without an approved Certificate of Designation (a landfill permit). The Colorado Hazardous Waste Act C.R.S. 25-15-301 et al, and the Colorado Hazardous Waste Regulations (6 CCR 1007-3) prohibit the transfer, storage or disposal (TSD) of hazardous waste except at permitted TSD sites. There are no permitted landfills or TSD sites within the State Highway Right of Way. Therefore, all solid or hazardous wastes that might be generated by the activities of entities entering the State Highway Right of Way must be removed from the ROW and disposed of at a permitted facility or designated collection point (e.g., for solid waste, a utility or construction company's own dumpster). 1 pre-existing solid waste or hazardous materials contamination (including oil or gasoline contaminated soil, asbestos, chemicals, mine tailings, etc.) is encountered during the performance of work, the permittee shall halt work in the affected area and immediately contact the CDOT Regional Permitting Office for direction as to how to proceed. Contact Info: Contact the CDOT/CDPHE Liaison at (303)757-9787. Environmental Clearances Information Summary Page 1 of 3 Colorado Department of Transportation November' 07 Asbestos Containing Materials, Asbestos Contaminated Soil — All work on asbestos containing materials (ACM) must comply with the applicable requirements of the CDPHE Air Pollution Control Division's (APCD) Regulation 8. Disposal of ACM, and work done in asbestos -contaminated soil, must comply with the CDHPE Hazardous Materials and Waste Management Division's (HMWMD) Solid Waste Regulations. The application for any CDOT permit must specifically identify any ACM involved In the work ler which authorization is being requested. Additional guidance or requirements may be specified in the permit special provisions. Contact Info: CDPHE APCD and HMWMD Regulations can be accessed via the CDPHE Environmental Permitting Website listed above. Additional information concerning clearance on CDOT proiects is available from Julia Horn, CDOT Asbestos Project Manager {303) 512-5519, or Theresa Santangelo-Dreiling, Property Management Supervisor (303) 512-5524. Construction Stormwater Permit; Stormwater Discharge From Industrial Facilities - Discharges of stormwater runoff from construction sites disturbing one acre or more - or certain types of industrial facilities - requires a GDPS Stormwater Permit. Contact Information: For Utility/Special Use activities being performed in conjunction and coordination with a COOT highway construction contract, please contact the CDOT Water Quality Program Manager at (303) 757-9343. Otherwise, contact the CDPHE Water Quality Control Division at (303) 692-3500. Website: http://www.cdphe.state.co.usfwgfPermitsUnit/wocdpmLhtmi Construction Dewatering (Discharge or Infiltration) — Discharges of water encountered during excavation or work in wet areas may require a Construction Dewatering Discharge Permit. Contact Information: For Construction Dewatering Discharge Permits, contact the CDPHE WQCD at (303) 692-3500. Website:hlip:Mwt4w exibtte.state:eo:us/wgfPermHSUniMwdcdbmLhtml Minimal Industrial Discharge Permit — Discharges of small quantities of wastewater or wastewater requiring minimal treatment, such as that resulting from hydrostatic testing or certain wash waters. may require a Minimal Industrial Discharge Permit ("MINDI"). Contact Info: Contact the CDPHE WQCD at (303) 692-3500. Website: 4jww.cdphe.state.co.us/wofPermitsUnit/wacdomt.html Municipal Separate Storm Sewer System (MS41 Discharge Permit — Discharges from the storm sewer systems of larger municipalities, and from the CDOT highway drainage system that lies within those municipalities, are subject to MS4 Permits issued by the CDPHE WQCD. For facilities that lie within the boundaries of a municipality that is subject to a MS4 permit, the owner of such facility should contact the municipality regarding stormwater related clearances that may have been established under that municipality's M54 permit. All discharges to the CDOT highway drainage system must comply with the applicable provisions of the Colorado Water Quality Control Act and the Colorado Discharge Permit Regulations, and are subject to inspection by the CDOT and the CDHPE, Contact Information: Contact the CDPHE Water Quality Control Division at (303) 692-3500 for a listing of municipalities required to obtain MS -4 Permits. or go to http:f/www.cdphe.state.co.us/wq/PermitsUnit/wacdpmthtm(#MunicipatFormsGuidance. Discharge of Dredaed_or All Material — 404 Permits Administered Blithe U.S. Army Corps of Engineers, and Section 401 Water Quality Certifications Issued by the CDPHE WQCD - Corps of Engineers 404 Permits are required for the discharge of dredged or fill materials into waters of the United States, Including wetlands. There are various types of 404 Permits, including Nationwide Permits, which are issued for activities with relatively minor impacts. For example, there is a Nationwide Permit for Utility Line Activities (NWP *12). However, depending upon the specific circumstances, it is possible that either a "General" or"Individual" 404 permit would be required. If an Individual 404 Permit is required, Section 401 water quality certification from the CDPHE WQCD is also required. Contact Information: Contact the appropriate Corps Distrlct Regulatory Office for information about what type of 404 permit may be required (information provided at top of ECIS). Contact the CDPHE Water Quality Control Division at (303) 692-3500. Erosion and Sediment Control Practices - For activities requiring a Construction Stormwater Permit. erosion control requirements will be specified through that permit. In those situations where a stormwater permit is not required, all reasonable measures should be taken in order to minimize erosion and sedimentation. In either case, the CDOT Stormwater Quality and Erosion Control Guide (2002) should be used to design erosion controls. Contact information: The CDOT Stormwater Quality and Erosion Control Guide may be obtained from the Bid Plans Office at (303) 757-9313 or from: htt.://www.dotstateaxi.u¢fenvlronmenjaVenvWsleitiel uirc�0astese Disposal of Drilling Fluids - Drilling fluids used in operations such as Horizontal Directional Drilling may be classified as "discharges" or "solid wastes", and in general, should be pumped or vacuumed from the construction area, removed from the State Highway Right of Way, and disposed of at permitted facilities that specifically accept such wastes. Disposal of drilling fluids into storm drains, storm sewers, roadside ditches or any other type of man-made or natural waterway is prohibited by Water Quality Control and/or Solid Waste regulations. Small quantities of drilling fluid solids (less than 1 cubic yard of solids) may be left on-site after either being separated from fluids or after infiltration of the water, provided: 1) the drilling fluid consists of only water and bentonite clay, or, if required for proper drilling properties. small quantities of polymer additives that are approved for use in drinking water well drilling: 2) the solids are fully contained in a pit, and are not likely to pose a nuisance to future work in the area, 3) the solids are covered and the area restored as required by CDOT permit requirements (Utility. Special Use, or Access Permits. etc.). Contact Information: Contact the CDOT / CDPHE Liaison or CDOT Water Quality Program Manager. Concrete Washout - Waste generated from concrete activities shall NOT be allowed to flow into the drainage ways. inlets, receiving waters, or in the CDOT ROW. Concrete waste shall be placed in a temporary concrete washout facility. Concrete washout shall only be performed as specified by the COOT Environmental Program and shall be in accordance to CDOT specifications and guidelines. Contact Information: Contact the CDOT Water Quality Program Manager at (303) 757-9343. Spill Reporting - Spills shall be contained and cleaned up as soon as possible. Spills shall NOT be washed down into the storm drain or buried. All spills shall be reported to the CDOT Illicit Discharge Hotline al (303) 512-4446 (4H20), as well as the Regional Permitting Office and Regional Maintenance Supervisor. Spills on highways, into waterways. or that may otherwise present an Environmental Clearances Information Summary Page 2 of 3 Colorado Department of Transportation November '07 immediate danger to 0re public shall be reported by calling 911, and shall also be reported to the CDPHE at 1{877)-518-5608. Transportation of Hazardous Materials - No person may offer or accept a hazardous material for transportation in commerce unless that person is registered in conformance with the United States Department of Transportation regulations at 49 CFR, Part 171. The hazardous material must be properly Gassed, described, packaged. marked, labeled, and in condition for shipment as required or authorized by applicable requirements, or an exemption. approval or registration has been issued. Vehicles requiring a placard, must obtain authorization and a State HAZMAT Permit from the Colorado Public Utilities Commission. Contact Information: For authorization and more info call the Federal Motor Safety Carrier Administration, US DOT for inter- and intra -state HAZMAT Registration (303)969-6748. Colorado Public Utilities Commission: (303) 894-2868. Paleontology - The applicant must request a fossil locality file search through the University of Colorado Museum, Boulder, and the Denver Museum of Nature and Science to ascertain if paleontological resources have been previously identified. Inventory of the permit area by a qualified paleontologist may be necessary, per the recommendation of CDOT. If fossils are encountered during the permitted work, all work in the subject area shall be halted and the CDOT Regional Permitting Office and Regional Planning and Environmental Manager shall be contacted immediately. Authorization must be provided by CDOT prior to the continuation of work. Additional guidance may be provided by the Regional Permitting Office in the Permit Special Provisions. Contact Information: Contact the CDOT Paleontologist at (303) 757-9632. Working on or in any stream or its bank - In order to protect and preserve the state's fish and wildlife resources from actions that may obstruct. diminish. destroy, change, modify, or vary a natural existing stream or its banks or tributaries, it may be necessary to obtain a Senate Bill 40 certification from the Colorado Department of Natural Resources. A stream is defined as 1) represented by a solid blue line on USGS 7.5' quadrangle maps: and/or 2) intermittent streams providing live water beneficial to fish and wildlife; and/or 3) segments of streams supporting 25% or more cover within 100 yards upstream or downstream of the project and/or 4) segments of streams having wetlands present within 200 yards upstream or downstream of the project. The Colorado Division of Wildlife (CDOW) application, as per guidelines agreed upon by CDOT and CDOW, can be accessed at www,dot.state. co.us/environmental/wildlife/permitapplicatton.asp. About This Form - Questions or comments about this Information Summary may be directed to Dahir Egal, CDOT Safety & Traffic Engineering, Utilities Unit, at (303) 757-9344 dahlr.egal@dot.state.co.us Environmental Clearances Informalion Summary Page 3 of 3 Colorado Department of Transportation November '07 PLANNERS / ARCHITECTS 5 -mile Ranch —Storage Yard LIMITED IMPACT REVIEW APPLICATION EXHIBIT 9 - HABITAT ASSESSMENT - WILDLIFE & VEGETATION Habitat Assessment for the Collbran Pipeyard Parcels EnCana Oil and Gas Garfield County, CO May 2, 2008 PREPARED FOR: EnCana Oil & Gas (U.S.A.), Inc. 2717 County Road 215 Parachute, CO 81635 PREPARED BY: Wildlife Specialties, L.L.C. P.O. Box 1231 Lyons, CO, 80540 1.0 Description and Proposed Action The Collbran Pipe yards' were located in two distinct parcels. The smaller of the two parcels was approximately 7 acres (3.2 [hectares] ha) and located approximately 100 yards southwest of the intersection of Highway 6 and Garfield County Road 300. This intersection is located approximately 4.6 miles southwest of the Town of Parachute, Garfield County and 7.2 miles (11.52 kilometers [km]) northeast of the Town of DeBeque, Mesa County. The larger parcel was approximately 20 acres (9.1 ha) and located approximately 1.2 miles (1.9 km) west of the compression station (Figure 1). Both project areas are on the Parachute CO, US Geological Survey, 7.5 minute series topographical map. The elevation of the two parcels is approximately 5,000 feet (ft) (1,524 meters [m]) above mean sea level. The project area is located in the eco-region identified as the Southern Rocky Mountain Steppe— open woodland-coniferous forest—alpine meadow province of the dry domain (Bailey 1995). This eco-region is characterized by annual temperatures ranging from 2° to 7° C (35° to 45° F). A considerable amount of' precipitation is in the form of snow and can equal up to 102 cm (40 inches) per year in higher elevations (Bailey 1995). Vegetation changes with altitude and slope aspect. The dominant plant community near the 7 acre parcel was dominanted by greasewood (Sacrobatus vermiculatus) with an understory of cheatgrass (Bromus tectorum) and common velvetgrass (Holcus lanatus). Sagebrush (Artemesia tridentata), rabbitbrush (Chrysothamnus sp.) and shadscale (Atriplex sp.). The most common herbaceous species on the site was common velvetgrass (Photo 1). The dominant plant community of the 20 acre parcel was sagebrush and grease wood with an understory of cheat grass. The eastern portion of this parcel burned in the past, removing all vegetation (Photo 2). Several ephemeral drainages dissected the parcel, flowing in a southerly direction, two of which were associated with box culverts constructed presumably to enable water to flow under Highway 6 (Figure 1; photos 3, 4). Prior to the issuance of appropriate permits by the Bureau of Land Management, a threatened and endangered species habitat assessment, per the Endangered Species Act (ESA) of 1973 (as amended) is required. Surveys are also required under the Migratory Bird Treaty Act (MBTA) of 1918 (16 U.S.C. §§ 703-711) to protect against violations of the MBTA. Surveys conducted in support of this report ensure compliance with the ESA and MBTA. 2 0 Habitat Assessment Surveys to assess the project area's suitability for use by state sensitive and federally listed threatened and endangered species and nesting raptors were conducted on 27 March, 2008 by Robert T. Magill of Wildlife Specialties, L L C Mr. Magill has an M.S. degree in wildlife management from Texas Tech University in Lubbock Texas and has completed numerous threatened and endangered species habitat assessments and sensitive species surveys in Garfield County Colorado and throughout the intermountain west. Habitats within the 20 acre and 7 acre pipe yard parcels were assessed for overall quality to support wildlife and state sensitive species, federally protected species and nesting raptors on 27 March and 29 April, 2008 respectively. Using a pedestrian survey, a wildlife biologist assessed the habitat types present, their condition and evaluated their suitability for supporting sensitive species. The project area was traversed to identify basic habitat types and document which 2 species were currently using these habitats. A hand-held Global Positioning System (GPS) unit was used to identify the location of physical characteristics of the site pertinent to use of the area as wildlife habitat. Figure I shows the location of the both the 7 acre and 20 acre parcels within the greater landscape. Habitat assessments and sensitive species surveys were conducted before the breeding season for most migratory songbirds and raptors on the 20 acre parcel. Therefore, some species which may breed in the area may not have been present at the time the survey was conducted. Surveys and habitat assessments for the 7 acre parcel were conducted during the breeding season for raptors and early migratory songbirds. As a result of the timing of these surveys, late migrants or late nesting species might not be documented. Similarly, surveys for both parcels were conducted prior to the emergence of most reptiles, and despite warm temperatures during the visits, no reptiles were observed. 3.0 Results 7 Acre Parcel — No nest structures suitable for supporting nesting raptor nests were observed within this site. Although no nesting activity was observed within the project area, cottonwood trees (Populus fremontii) trees were present beyond the limits of the project area and were considered suitable for use by nesting raptors and common ravens (Corvus corax) and raptors. Although common ravens were observed within the vicinity of the parcel, nest structures suitable for their use were detected either on the project area or in adjacent cottonwood trees. This parcel bordered previously disturbed areas to the east. These areas had been cleared of most standing vegetation and were being used for industrial purposes at the time the habitat assessment was conducted (Photo 5). Habitats within the parcel itself were intact yet were heavily used by browsing and grazing ungulates, including but not limited to elk (Cervus elaphus) and livestock. Species observed within this parcel included elk, western meadowlark (Sturnella neglecta), blackbilled magpie (Pica hudsonia), Brewers sparrow (Spizella breweri), violet -green swallow (Tachycineta thalassina) and American kestrel (Falco sparverius). Vegetation of the parcels was visually determined to be denser, and of higher quality for wildlife within the eastern portion of the parcel. Kestrels, magpies, and brewer's sparrows were all observed in the more densely vegetated eastern portion of the parcel. Due to the parcels proximity to areas with high levels of disturbance and the presence of cattle on the site, wildlife species expected to use or be observed within the site would be generalist species adapted to living in an altered environment, such as the European starling (Sturnus vulgaris) and raccoons (Procyon lotor). Invasive and noxious weeds were present throughout the parcel. Salt cedar (Tamarix ramosissima) is on the Colorado Department of Agriculture's (CDOA) `B -List" of noxious weeds: the species has been identified as a target species for the development and implementation of a weed management plan to stop its continued spread (CDOA 2008) (Photo 6). Although present throughout rangelands of Colorado, and identified as an invasive species, cheat grass has not been officially identified as a noxious weed in Colorado. No other noxious weeds were observed within the parcel. 20 Acre Parcel No nest structures suitable for supporting nesting raptor nests were observed within this site. Although no nesting activity was observed within the project area, power towers and poles and 3 juniper (Juniperus osteosperma), pinyon pine (Pinus edulis) and cottonwood trees (Populus deltoides) trees were present beyond the limits of the project area and were considered suitable for use by nesting raptors and common ravens (Corvus corax) and raptors. Common ravens were observed carrying nesting material (e.g. sticks, grasses) as they flew over the site. The two box culverts adjacent to the project site were visually inspected for evidence of use by either bats or swallows. The eastern most culvert contained evidence of previous use by nesting cliff swallows (Petrochelidon pyrrhonota), however, no sign of bat use was observed (Photo 7). Rocky Mountain elk used all portions of this parcel as winter range. An active colony of white- tailed prairie dogs (Cynomys leucurus) was present along the southern edge of the parcel. Other species identified as using the area through either direct observation (auditory or visual) or through the presence of sign (scat, tracks) included coyote (Canis latrans), desert cottontail rabbit (Sylvilagus audubonii), western meadowlark and Say's phoebe (Sayornis saya). Avian nomenclature was taken from Sibley (2000). Mammalian nomenclature was taken from Fitzgerald et al. (1994). Cheat grass was present throughout the parcel and is common across the rangelands of Colorado. Although the species is considered an invasive species, cheat grass has not been officially identified as a noxious weed in Colorado. No formally identified noxious weeds were observed within this parcel. 4.0 Conclusion Based on information obtained during surveys conducted at both the 7 acre and 20 acre parcels to be used for the development of a pipe yard, no state sensitive or federally protected species were determined to be using the area. Although the sagebrush habitats common within the 20 acre parcel are relatively contiguous with other habitats in the area, disturbances associated with previous energy development and associated infrastructure and the presence of the railroad likely preclude the use of these habitats by disturbance sensitive species. Both parcels are likely located within the foraging range of at least one pair of common ravens as indicated by the presence of an the observation of an individual carrying nesting material over the 20 acre parcel and the observation of an individual common raven carrying food over the 7 acre parcel. Although no detailed surveys were carried out, tree dominated riparian and upland habitats provide suitable nesting areas for common ravens. Construction of the proposed pipe yard will not impact nesting activities of any state sensitive or federally protected species or raptor species. However, the removal of sagebrush-shrub dominated habitats may decrease nesting and foraging opportunities for species such as the western meadowlark and Brewer's sparrow. No habitat critical or essential to the continued existence of any species protected under the ESA was identified within either the pipe yard or the compression station site. The implementation of the construction of facilities and their associated infrastructure is not expected to impact state sensitive or threatened and endangered species or raptors on either site. The noxious weed salt cedar was observed within the boundaries of the 7 acre parcel. Because the CDOA has identified salt cedar as a noxious species it is recommended that development of this parcel be implemented in coordination with CDOA management plans targeting the control of this species as well as in conjunction with any Best Management Practices outlined in the plan for controlling the distribution of the species. 4 5.0 Literature Cited Bailey, R.G. 1995. Description of the ecoregions of the United States. 2d ed. Rev. and expanded (1st ed. 1980). Misc. Publ. No. 1391 (rev.), Washington. Colorado Department of Agriculture. 2008. Noxious Weed Management Program. http://www.colorado.gov. Accessed 1 May, 2008. Fitzgerald, J.P., C.A. Meaney, and D.M. Armstrong. 1994. Mammals of Colorado. Denver Museum of Natural History and University Press of Colorado. 467 pp. Sibley, D.A. 2000. The National Audubon Society; the Sibley guide to birds. Alfred A. Knopf, New York. 543 pp. 6.0 Project Figures and Photos Photo 1. View west from northeast comer of the 7 acre parcel. Grasses along the edge of the road and throughout the parcel are cheat grass and common velvetgrass. 5 Photo 2. View southwest across the burned portion of the 20 acre parcel. Photo 3. View north toward downstream side of' eastern most box culvert on the 20 acre parcel. 6 Photo 4. View north through second box culvert on the 20 acre parcel. 7 Photo 5. View east from southeast corner of 7 acre parcel. Industrial development, including gravel mining, is evident in the background. Photo 6. View east from southwest corner of 7 acre parcel. The state identified noxious weed salt cedar is highlighted by the yellow circle. 8 Photo 7. Evidence of previous swallow use of the eastern most box culvert for nesting. The yellow circle highlights locations of old nests placed against the culvert wall and ceiling. 9 Figure 1: Location of the 7 and 20 acre parcels surveyed. Scale 1 inch = 2,750 feet Date: May 2008 Legend 7 & 20 acre parcels E Prepared by: Wildlife Specialties, L.L.C. P.O. Box 1231 Lyons, CO 80540 303-710-1286 tomer PLANNERS / ARCHITECTS 5 -mile Ranch —Storage Yard LIMITED IMPACT REVIEW APPLICATION EXHIBIT 10 - LIMITED RESULTS CULTURAL RESOURCE SURVEY FORM OAHP Use Only: OAHP+Doc. NoR _ OAHP Project No. _ Colorado Office of Archaeology and Historic Preservation LIMITED -RESULTS CULTURAL RESOURCE SURVEY FORM (page 1 of 3) Small scale limitedresults projects include block surveys under 160 acres and linear surveys under four miles. To be included underthese guidelines there should be no sites and a maximum of four Isolated Finds. Sec manual for instructions. This form must be typed, I. IDENTIFICATION 1. Report Title (include County): Class III Cultural Resources Inventorvfor two proposed pipe yard locations in Garfield County, Colorado for Encana Oil and Gas (USA) Inc. 2. Date of Field Work: April 14 and 15, 2008 3. Form completed by: Carl E. Conner Date: April 16, 2008 4. Survey Organization/Agency: Grand River Institute Principal Investigator: Carl E. Conner Principal Investigator's Signature: Other Crew: Address: P.O. Box 3543, Grand Junction, CO 81502 5. Lead Agency / Land Owner: Bureau of Land Management, Glenwood Springs Field Office Contact: Cheryl Harrison, Archaeologist Address: P.O. Box 1009, Glenwood Springs, Colorado 81601 6. Client: Encana Oil and Gas (USA), Inc. 7. Permit Type and Number: BLM -- C-52775 8. Report / Contract Number: GRI Project No. 2823 9. Comments: II. PROJECT DESCRIPTION 10. Type of Undertaking: Construction of storage/staging areas for pipeline materials (- 27 acres total)_ 11. Size of Undertaking (acres): 27 Size of Project (if different): 27 acres 12. Nature of the Anticipated Disturbance: Blading and grading for storage/staging yards. 13. Comments: The project area at the northeast has been previously disturbed by land clearing activities and is bordered by a compressor site; the block area to the southwest has been heavily disturbed by grazing activities. Limited -Results Cultural Resource Survey Form (page? of 3) ITI. PROJECT LOCATION 14. Description: Project area is located approximately 5 to 8 miles northeast of the town of Debeque, CO 15. Legal Location Principal Meridian: 6th X NM Ute Quad. Map: Parachute Date(s): 1962 Quad. Map: Red Pinnacle Date(s): 1962/1973 Township: 7 S Range: 96 W Secs.: 27 SW, SW Township: 8 S Range: 96 W Secs.: 5 NW, NW and 6 SE, NE 16. Total number of acres surveyed: 27 (private land) 17. Comments: IV. ENVIRONMENT 18. General Topographic Setting: Colorado River valley between Parachute and Debeque Current Land Use: Open range land, residential and energy development. 19. Flora: Sagebrush, greasewood, grasses and forbs. 20. Soils/Geology: Tan sandy soil ! Gravels and alluvium deposits of the Quaternary Age 21. Ground Visibility: 20 - 30 % 22. Comments: Heavy greasewood vegetation covers much of the project area. V. LITERATURE REVIEW 23. Location of File Search: BLM Glenwood Springs Field Office & SHPO Compass Website Dates: April 4, 2008 24. Previous Survey Activity In the project area: No projects have been previously conducted within either of the two block areas, however, a block area of BLM Project #5407-10, "Encana 33 Proposed Well Pads Orchard 2 Mesa GAP in Garfield County, Colorado" conducted by Metcalf Archaeological Consultants in 2007 was surveyed just south of the pipe yard at the southwest. In the general area: Numerous energy related projects have been conducted within a mile of the present project area and are shown on the attached lists. Limited -Results Cultural Resource Survey Form (page 3 of 3) V. LITERATURE REVIEW (continued) 25. Known Cultural Resources In the project area: None. In the general region: The previously recorded cultural resources near the two project areas are primarily historic features (i.e. water control features, bridges, roads etc.) although a few prehistoric sites have also been recorded (see attached lists). Additionally overviews of the prehistory and history of the region are provided in the Colorado Council of Professional Archaeologists publication entitled "Colorado Prehistory: A Context for the Northern Colorado River Basin" (Reed and Metcalf 1999), and the Colorado Historical Society's publication entitled "Colorado Plateau Country Historic Context"(Husband 1984). 26. Expected Results: Limited cultural resources were expected due to previous disturbance and heavy vegetation cover. VL STATEMENT OF OBJECTIVES 27. The purpose of the study was to identify and record all cultural remains over 50 years old within the area of potential impact, to assess their significance and eligibility to the National Register of Historic Places (NRNP), and make recommendations concerning management. If possible, the remains will add to our understanding of the prehistory and history of the region. VII. FIELD METHODS 28. Definitions: Sites were defined as a discrete locus of patterned activity greater than 50 years of age and consisting of five or more prehistoric artifacts with or without features or over 50 historic artifacts with associated features. Also single isolated hearths with no other associated artifacts or features were to be recorded as a site. IF Isolated finds were defined as less than five artifacts without associated features. Exceptions to this definition include historic trash dumps without associated features; a single core reduction event with a single core and associated reduction debitage. a single pot drop, where the sherds are from a single vessel; or, a prospector pit with/or without artifacts and no associated historic structures or features. 29. Describe Survey Method: The proposed block areas were walked by two archaeologists in zig zag transects spaced approximately 15 meters apart within the flagged locations to cover a total of approximately 27 acres of private land. Crew members worked from USGS 7.5 minute series maps. VIII. RESULTS 30. List IFs if applicable. Indicate IF locations on the map completed for Part III. A. Smithsonian Number: Description: B. Smithsonian Number: Description: 31. Using your professional knowledge of the region, why are there none or very limited cultural remains in the project area? Is there subsurface potential? Most of the project areas lie within previously disturbed areas. There is no subsurface potential. EnCana GPM 2823 Compass Search Pipe Yard at SW Site ID Site Type Assessment UTM Coordinates 5GF.3I2 Open Camp Eligible - Field Title: Cultural Resources Inventory Report on Proposed Federal # 1-29 Well and Related New Access in Garfield County, Co for Barrett Energy Company Author: Conner, Carl 13. Date: 09/22/1986 Contractor: Grand River Institute, Inc. SGF.2937.1 Historic, Water Control Not Eligible - Officially Title: Piceance Basin Pipeline Class III Cultural Resources Inventory, Garfield and Mesa Comities, Colorado (SWCA 02-183) Author: Martin, William and Andrew Sawyer Date: 03/26/2002 Contractor: SWCA, Inc. Environmental Consultants for the BLM, Grand Junction Field Office Project # Title/Author/Date/Contractor ME.CH.R1 Title: Debeque Canyon to Grand Valley Hist Author: Unknown Date: 01/01/1979 Contractor: Colorado Dept. Of Highways Hist MC.HW.R9 Title: Cultural Resources Report for Historic Resources, Debeque Canyon to Grand Valley, Garfield and Mesa Counties, Colorado (I70-1[19]&[36]). Author: Unknown Date: 01/01/1979 Contractor: Colorado Department of Highways GF.LM.NR192 Title: Cultural Resources Inventory Report on Proposed Federal # 1-29 Well and Related New Access in Garfield County, Co for Barrett Energy Company Author: Conner, Carl 13. Date: 09/22/1986 Contractor: Grand River Institute, Inc. MC.CI-I.R96 Title: Interstates 25, 70, 225, and 270, U.S. Highways 13 and 470 for the Proposed Adesta Communications Fiber Optic System (C SW00-102) Author: Sherman, Stephen A. Tania R. Metcalf, Mary W. Painter, D. Chadwick Jones, Chistian J. Zicr Date: 03101)2000 Contractor: Centennial Archaeology for the Colorado Department of Transportation MC-LM.R232 BLM #12702-I Title: Piceance Basin Pipeline Class III Cultural Resources Inventory, Garfield and Mesa Comities, Colorado (SWCA 02-183) Author: Martin, William and Andrew Sawyer Date: 03/26/2002 Contractor: SWCA, Inc. Environmental Consultants for the BLM, Grand Junction Field Office Project # Title/Author/Date/Contractor GF.LM.R366 BLM #1107-9 Title: Class III Cultural Resource Inventory Report for the Proposed Pipeline Route from the Orchard Unit Compressor to Ok-I 1 Well Location in Garfield County, Colorado for Encana Oil. and Gas, Inc. (USA) (GRI NO. 26106)(BLM GSFO# 1107-9) Author: Conner, Carl and Barbara Davenport Date: 11/09/2006 Contractor Grand River Institute T. 8S-, R., 96W , Sec. 5, 6 Site ID Site Type Assessment UTM Coordinates 5GF.519 Open Architectural Eligible - Officially Title: Piceance Basin Pipeline Class III Cultural Resources Inventory, Garfield and Mesa Counties, Colorado (SWCA 02-183) Author: Martin. William and Andrew Sawyer Date: 03126/2002 Contractor: SWCA, Inc. Environmental Consultants for the BLM, Grand Junction Field Office 50F.2741.1 Historic, Water Control Needs Data - Officially Project # Title/Author/DatelContractor MC.CH.R96 Title: Interstates 25, 70, 225, and 270, U.S. Highways 13 and 470 for the Proposed Adesta Communications Fiber Optic System (C SW00-102) Author: Sherman, Stephen A. Tania R. Metcalf, Mary W. Painter, D. Chadwick Jones, Chistian J. Zier Date: 03/01/2000 Contractor: Centennial Archaeology for the Colorado Depa, t,uent of Transportation MC.R.R28 Title: Class III Cultural Resources Inventory of 373 Acres for the Proposed Debeque Wildlife Area, Mesa and Garfield Counties, Colorado (Original and Addendum Survey of 47 Acres) Author: Coulam, Nancy; I-Iurley, Warren Date: 06/01/2000 Contractor: Archaeologists for the Bureau of Reclamation, Upper Colorado Region and SWCA Inc. MC.LM.R232 Title: Piceance Basin Pipeline Class III Cultural Resources Inventory, Garfield and Mesa Counties, Colorado (SWCA 02-183) Author: Martin. William and Andrew Sawyer Date: 03126/2002 Contractor: SWCA, Inc. Environmental Consultants for the BLM, Grand Junction Field Office GF.LM.R366 Title: Class III Cultural Resource Inventory Report for the Proposed Pipeline Route from the Orchard Unit Compressor to Ok-1 1 Well Location in Garfield County, Colorado for Encana Oil and Gas, Inc. (USA) (GRI NO. 26106)(BLM GSFO# 1107-9) Author: Conner, Carl and Barbara Davenport Date: 11/09/2006 Contractor: Grand River Institute Pipe Yard at NE T. 7S., R. 96W., Sec. 27, 28, 33, 34 Site ID Site Type Assessment UTM Coordinates 5GF.109 OPEN CAMP Eligible - Field Title: Preliminary Report on Cultural Resources Inventory Fourteen Locations on the Rifle to Grand Junction Segment Colorado Ute Electrical Association Rifle to San Juan 345 KV Transmission Line Project Author: Collins Susan M Date: 06101/1985 Contractor: Nickens and Associates 5GF,364 HISTORIC, BRIDGE Eligible - Officially 5GF.389 HISTORIC, STRUCTURE/FOUNDAT ION/ALIGNMENT Not Eligible - Field 50F.392 HISTORIC, TRAIL/ROAD Needs Data - Officially 5GF.1247 ISOLATED FIND Not Eligible - Field 5GF.1324 HISTORIC, TRASH DUMP Not Eligible - Officially 5GF.1350 ISOLATED FIND Not Eligible - Field Project # Title/Author/Date/Contractor ME.CH.R1 Title: Debeque Canyon to Grand Valley Hist Author: Unknown Date: 01/01/1979 Contractor: Colorado Dept. Of Highways Hist MC.HW.R9 Title: Cultural Resources Report for Historic Resources, Debeque Canyon to Grand Valley, Garfield and Mesa Counties, Colorado (I70-1[19]&[36]). Author: Unknown Date: 01/01/1979 Contractor: Colorado Department of Highways MC.LM.R247 Title: Preliminary Report on Cultural Resources Inventory Fourteen Locations on the Rifle to Grand Junction Segment Colorado Ute Electrical Association Rifle to San Juan 345 KV Transmission Line Project Author: Collins Susan M Date: 06101/1985 Contractor: Nickens and Associates GF.LM.NRI92 Title: Cultural Resources Inventory Report on Proposed Federal # 1-29 Well and Related New Access in Garfield County, Co for Barrett Energy Company Author: Conner, Carl E. Date: 09/22/1986 Contractor: Grand River Institute, Inc. Project # Title/Author/Date/Contractor MC.LM.R68 Title: Grant Norpac Cultural Resource Inventory of a 39 Mile Seismic Line, Mesa and Garfield Counties, Colorado Author: Scott, John M Date: 04/01/1991 Contractor: Metcalf Archaeological Consultants for BLM Glenwood Springs Resource Area GF.LM.R112 Title: a Class III Cultural Resource Inventory of Three Stock Reservoirs in Smith and Kelly Gulches, Garfield County, Colorado (BLM-GSRA S3 1098-7) Author: Seacat, Todd B. Date: 04/28/1998 Contractor: Bureau of Land Management, Glenwood Springs Resource Area MC.CH.R96 Title: Interstates 25, 70, 225, and 270, U.S. Highways 13 and 470 for the Proposed Adesta Communications Fiber Optic System (C SW00-102) Author: Sherman, Stephen A. TaniaR. Metcalf, Mary W. Painter, D. Chadwick Jones, Chistian J. Zier Date: 03/01/2000 Contractor: Centennial Archaeology for the Colorado Department of Transportation MC.LM.R232 Title: Piceance Basin Pipeline Class III Cultural Resources Inventory, Garfield and Mesa Counties, Colorado (SWCA 02-183) Author: Martin. William and Andrew Sawyer Date: 03/26/2002 Contractor: SWCA, Inc. Environmental Consultants for the BLM, Grand Junction Field Office GF.LM.NR750 Title: Class BI Cultural Resources Inventory for the Proposed Sg #43-28 Well Location in Garfield County, Colorado for Williams Production RMT (GRI #2524) Author: Davenport, Barbara Date: 05/13/2005 Contractor: Grand River Institute GF.LMNR744 Title: Class III Cultural Resource Inventory for the Proposed Pipeline to the Sg#43-28 Well Location in Garfield County, Colorado for Williams Production RMT (GRI #2584) Author: Conner, Carl E. Date: 09/09/2005 Contractor: Grand River Institute GF.LM.R366 Title: Class III Cultural Resource Inventory Report for the Proposed Pipeline Route from the Orchard Unit Compressor to OK-11 Well Location in Garfield County, Colorado for Encana Oil and Gas, Inc. (USA) (GRI NO. 26106)(BLM GSFO# 1107-9) Author: Conner, Carl and Barbara Davenport Date: 11/09/2006 Contractor: Grand River Institute OAHF Use Only: OMIT Doc. No. OAHP Project Nd. Colorado Office of Archaeology and Historic Preservation LIMITED -RESULTS CULTURAL RESOURCE SURVEY FORM (Inge 1 of 3) Small scale limitedresults projects include block surveys under 160 acres and linear surveys under four miles. To be included under these guidelines there should be no sites and a maximum of four Isolated Finds. See manual for instructions. This form must be typed. I. IDENTIFICATION 1. Report Title (include County): Class HI Inventory of a third pipe yard in relation to the Collbran Pipeline Project, as an ADDENDUM to: Class III cultural resources inventory for two proposed pipe yard locations in Garfield County, Colorado, Encana Oil and Gas (USA), Inc: 2. Date of Field Work: April 30, 2008 3. Form completed by: Carl E. Conner Date: May 1, 2008 4. Survey Organi7ation/Agency: Grand River Institute Principal Investigator: Carl E. Conner Principal Investigator's Signature: Other Crew: Address: P.O. Box 3543, Grand Junction, CO 81502 5. Lead Agency / Land Owner: Bureau of Land Management, Glenwood Springs Field Office Contact: Cheryl Harrison, Archaeologist Address: P.O. Box 1009, Glenwood Springs, Colorado 81601 6. Client: Encana Oil and Gas (USA), Inc, 7. Permit Type and Number: ELM -- C-52775 8. Report / Contract Number: GRI Project No. 2833 9. Continents: II. PROJECT DESCRIPTION 10. Type of Undertaking: Construction of storage/staging areas for pipeline materials (— 27 acres total). 11. Size of Undertaking (acres): 8.4 Size of Project (if different): 8.4 acres 12. Nature of the Anticipated Disturbance: Blading and grading for storage/staging yards. 13. Comments: Limited -Results Cultural Resource Survey Form (page 2 of 3) III. PROJECT LOCATION 14. Description: Project area is located approximately 8 miles northeast of the town of Debeque, CO 15. Legal Location Principal Meridian: 6th X NM Ute Quad. Map: Parachute Date(s): 1962 Township: 7 S Range: 96 W Sec.: 33 NE NE 16. Total number of acres surveyed: 8.4 (private land) 17. Comments: IV. ENVIRONMENT 18. General Topographic Setting: Colorado River valley between Parachute and Debeque Current Land Use: Open range land and energy development. 19. Flora: Greasewood, grasses and forbs. 20. Soils/Geology: Tan silty soil / Gravels and alluvium deposits of the Quaternary Age 21. Ground Visibility: 20 - 30 % 22. Comments: Heavy greasewood vegetation covers much of the project area. V. LITERATURE REVIEW 23. Location of File Search: BLM Glenwood Springs Field Office & SIIPO Compass Website Dates: April 4, 2008 24. Previous Survey Activity In the project area: No projects have been previously conducted within the block area In the general area: Numerous energy related projects have been conducted within a mile of the present project area and are shown on the attached lists. Limited -Results Cultural Resource Survey Form (page 3 of 3) V. LITERATURE REVIEW (continued) 25. Known Cultural Resources In the project area: None. In the general region: The previously recorded cultural resources near the two project areas are primarily historic features (i.e. water control features, bridges, roads etc.) although a few prehistoric sites have also been recorded (see attached lists). Additionally, overviews of thprehistory and history of the region are provided in the Colorado Council of Professional Archaeologists publication entitled "Colorado Prehistory; A Context for the Northern Colorado River Basin" (Reed and Metcalf 1999), and the Colorado Historical Society's publication entitled "Colorado Plateau Country Historic Context"(Husband 1984). 26. Expected Results: Limited cultural resources were expected due to previous disturbance and heavy vegetation cover. VI. STATEMENT OF OBJECTIVES 27. The purpose of the study was to identify and record all cultural remain's over 50 years old within the area of potential impact, to assess their significance and eligibility to the National Register of Historic Places (NRHP), and make recommendations concerning management. If possible, the remains will add to our understanding of the prehistory and history of the region. VII. FIELD METHODS 28. Definitions: Sites were defined as a discrete locus of patterned activity greater than 50 years of age and consisting of five or more prehistoric artifacts with or without features or over 50 historic artifacts with associated features. Also, single isolated hearths with no other associated artifacts or features were to be recorded as a site. IF Isolated finds were defined as less than five artifacts without associated features. Exceptions to this definition include historic trash dumps without associated features; a single core reduction event with a single core and associated reduction debitage; a single pot drop, where the sherds are from a single vessel; or, a prospector pit with/or without artifacts and no associated historic structures or features. 29. Describe Survey Method: The proposed block area was walked by two archaeologists in zig zag transects spaced approximately 15 meters apart within the flagged location to cover a total of approximately 8.4 acres of private land. Crew members worked from USGS 7.5 minute series maps. VIII. RESULTS 30. List IFs if applicable. Indicate IF locations on the map completed for Part III. A. Smithsonian Number: Description: B. Smithsonian Number: Description: 31. Using your professional knowledge of the region, why are there none or very limited cultural remains in the project area? Is there subsurface potential? Most of the project area lies within previously disturbed areas. There is no subsurface potential. EnCana GRI# 2833 Compass Search T. 7S., R. 96W., Sec. 27, 28, 33, 34 Site ID Site Type Assessment UTM Coordinates 5GF.I09 OPEN CAMP Eligible - Field 12:7 49 580mE 43 64 210mN 5GF.364 HISTORIC, BRIDGE Eligible - Officially 12:7 49 614mF 43 64 251mN 50E389 HISTORIC, STRUCTURE/FOUNDAT Not Eligible - Field 12:7 50138mE 43 64 295mN ION/ALIGNMENT 5GF.392 HISTORIC, TRAIL/ROAD Needs Data - Officially 13:2 51 439mE 43 61 176mN 13:2 51 040mE 43 61 465mN TO.... 12:7 51 464m 43 64 517mN 12:7 50 503mE 43 64 977mN 5GF.1247 ISOLATED FIND Not Eligible - Field 12:7 50 750mE 43 63 670mN 5GF.1324 HISTORIC, TRASH Not Eligible - Officially 12:7 50 800mE 43 64 070mN DUMP 5GF.1350 ISOLATED FIND Not Eligible - Field 12:7 50 840mE 43 63 690mN Project # Title/Author/Date/Contractor ME.CH.R1 Title: Debeque Canyon to Grand Valley Hist Author: Unknown Date: 01/01/1979 Contractor: Colorado Dept. Of Highways Hist MC.HWR9 Title: Cultural Resources Report for Historic Resources, Debeque Canyon to Grand Valley, Garfield and Mesa Counties, Colorado (I 70-1[19j6436]). Author: Unknown Date: 01/01/1979 Contractor: Colorado Department of Highways MC.LM.R247 Title: Preliminary Report on Cultural Resources Inventory Fourteen Locations on the Rifle to Grand Junction Segment Colorado Ute Electrical Association Rifle to San Juan 345 KV Transmission Line Project Author: Collins Susan M Date: 06/01/1985 Contractor: Nickens and Associates GF.LM.NRI92 Title: Cultural Resources Inventory Report on Proposed Federal # 1-29 Well and Related New Access in Garfield County, Co for Barrett Energy Company Author: Conner, Carl E. Date: 09/22/1986 Contractor: Grand River Institute, Inc. Project # Title/Author/Date/Contractor MC.LM.R68 Title: Grant Norpac Cultural Resource Inventory of a 39 Mile Seismic Line, Mesa and Garfield Counties, Colorado Author: Scott, John M Date: 04/01/1991 Contractor: Metcalf Archaeological Consultants for BLM Glenwood Springs Resource Area GF.LM.R112 Title: a Class III Cultural Resource Inventory of Three Stock Reservoirs in Smith and Kelly Gulches, Garfield County, Colorado (BLM-GSRA S3 1098-7) Author: Seacat, Todd B. Date: 04/28/1998 Contractor: Bureau of Land Management, Glenwood Springs Resource Area MC.CH.R96 Title: Interstates 25, 70, 225, and 270, U.S. Highways 13 and 470 for the Proposed Adesta Communications Fiber Optic System (C SW00-102) Author: Sherman, Stephen A. Tania R. Metcalf, Mary W. Painter, D. Chadwick Jones, Chistian J. Zier Date: 03/01/2000 Contractor: Centennial Archaeology for the Colorado Department of Transportation MC.LM.R232 Title: Piceance Basin Pipeline Class III Cultural Resources Inventory, Garfield and Mesa Counties, Colorado (SWCA 02-183) Author: Martin. William and Andrew Sawyer Date: 03/26/2002 Contractor; SWCA, Inc. Environmental Consultants for the BLM, Grand Junction Field Office OF.LM.NR750 Title: Class III Cultural Resources Inventory for the Proposed Sg #43-28 Well Location in Garfield County, Colorado for Williams Production RMT (GRI #2524) Author: Davenport, Barbara Date: 05/13/2005 Contractor: Grand River Institute GF.LM.NR744 Title: Class III Cultural Resource Inventory for the Proposed Pipeline to the Sg#43-28 Well Location in Garfield County, Colorado for Williams Production RMT (GRI #2584) Author: Conner, Carl E. Date: 09/09/2005 Contractor: Grand River Institute GF.LM.R366 Title: Class III Cultural Resource Inventory Report for the Proposed Pipeline Route from the Orchard Unit Compressor to OK-11 Well Location in Garfield County, Colorado for Encana Oil and Gas, Inc. (USA), (GRI NO. 26106)(BLM GSFO# 1107-9) Author: Conner, Carl and Barbara Davenport Date: 11/09/2006 Contractor: Grand River Institute 0 b v 0 0 to el 0, 746000 747000 748000 749000 -, t 1 l j tc� ; t, ` \(. 1 -' ) ff� ,A L71 i 1 �o re? 1U.S.G.S. / + ` o:� { yj t \ 1- 1i 1 l -" N Composite Quadrangle Maps Parachute (1962) and Red Pinnacle (1962!1973) Garfield County - Colorado 7.5' Series (topographic) Scale 1:24000 / Contour Interval 40 Feet T. 7 S. and A 8 S., R. 96 W., 6th P.M. NAD 83 Zone 12 - 1 r��,'( <)1 S } �-�- "' 1�r �(e Y U1 —� C. 1.. Proposed Alternate Pipeyard Location` Zi (8.4 acres) `sea f -,a ��V ) - v ,t J '-» ' ' ! (� 2S �: J �/ 'S r ‘431:11/1,L s,a,, , 1 J i D 7 1 u i.1 nilt 4 / 1 e , - e �V; �Y j r,--,(8.3 Previously Surveyed Pipeyard Location acres) / P '.. 1 , 1-\� ) ( z es. 1,+ = y .J`-1 d Priviatefi Imo' ` 414"":", r , 1/4 Afir gr �, t�_t l) it O♦i i' i! •F .. .. j l! 1� n }: �' ,: , , ( I , `4 � • 1 E,..-17 ) 5 1 I v,Pipeyard c. f 2 S 0 6 Y �� Previously Surveyed : Location i508.7 acres) /_ _ • ii) 1 i • r 3 746000 747000 74800D 749000 Figure 1. Project location map for the Class I11 inventory of a third pipe yard in relation to the Collbran Pipeline Project, as an ADDENDUM to: Class III Cultural resources Inventory Report for two proposed pipe yard locations in Garfield County, Colorado for EnCana Oil and Gas (USA). Area surveyed is highlighted. [GRI Project No. 2833, May 1, 2008} 0 0 0 0 N 0 0 0 {D 0 0 0 M CD 0 0 0 N tO a b h ilteero PLANNERS ! ARCHITECTS 5 -mile Ranch —Storage Yard LIMITED IMPACT REVIEW APPLICATION EXHIBIT 11 - SECOND AMENDMENT TO 24 -INCH COLLBRAN PIPELINE DEVELOPMENT PLAN BUILDING & PLANNING DEPARTMENT June 15, 2009 Phil Vaughan, President Construction Management, Inc. 1038 County Road 323 Rifle, CO 81650 RE: Second Amendment to 24 -inch Collbran Pipeline Development Plan (PDPA 5809) Dear Phil, The County has found that the 5/28/09 application for a Pipeline Development Plan Amendment • submitted by PVCMI, on behalf of Enterprise Gas Processing LLC, is technically complete, does not represent a substantial change from the original permit, and does not result in significant additional impacts. Project Summary. Enterprise seeks to amend the original permit in order to reroute 1.5 miles of the proposed Collbran natural gas pipeline. The pipeline starts near the intersection of CR 300 and State Highway 6 and runs 3.6 miles southwest to the Mesa County line. Here are pertinent dates related to the permit approval: • July 29, 2008: Encana Oil and Gas, Inc. transferred right, title and interests related to the Collbran pipeline project to Enterprise Gas Processing LLC. • August 4, 2008: County approves and issues the Collbran Pipeline Development Plan to Encana Oil and Gas, Inc. (County permit no. PDP 7408) • April 30, 2009: The first amendment corrected the original permit in order to allow a 24 - inch pipe diameter. Review Comments • Reclamation: Because the re-routing does not significantly change the pipeline length, the existing reclamation bond is adequate. The bond supplied by Enterprise will expire January 2010 and will need to be renewed such that it is valid for at least two years after the completion of construction. • Affected Properties: Enterprise has a lease agreement with the owner that will be affected by the pipeline rerouting. • Other Government Agencies: Enterprise has notified the relevant State and Federal agencies of the rerouting. Conclusion: Upon review of the submitted documents against the required standards and criteria in Section 9.07.06 of the County Land Use Code, Staff has made a determination of Approval with Conditions for the Amended Administrative Permit. Attached to this letter is the approved and recorded Second Amendment to the Administrative Permit, Exhibit A contains the identical conditions that were attached to the original August 4, 2008 permit, Very truly yours, Fred A, Jarman, Al Director, Building & Planning Department 4// 108 Eighth Street, Suite 401 o Glenwood Springs, CO 81601 (970) 945-8212 • (970) 285-7972 • Fax: (970) 384-3470 1111M nnati iNiISgliliVIOCIIINCl41Mili 5III Reception#: 769551 06/15/2009 12:02:11 PM Jean Rlberico 1 of 3 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO SECOND AMENDED ADMINISTRATIVE PERMIT for Enterprise Gas .Processing LLC Inc. (Successor in interest to Encana 011 and Gas, Inc.) [The 24 -inch Collbran Pipeline] In accordance with and pursuant to Article IX of the Garfield County Unified Land Use Resolution of 2008, the Director of the Building and Planning Department hereby authorizes, by this Second Amended Administrative Permit, the following activity: A 3.61 mile pipeline to transport natural gas from the Collbran/Plateau Valley area of western Colorado to the Meeker Gas Plant in Rio Blanco County. This amendment allows the re-routing of 1.5 miles of the pipeline. The original Collbran Pipeline Development Permit (permit no. PDP 7408) was recorded on August 4, 2008 under reception no. 753473. The first amendment, issued on April 30, 2009, changed the permitted pipe diameter from 20" to 24" and was recorded under reception no. 767258. This Administrative Permit is issued subject to the conditions set forth in Exhibit A (attached hereto), and shall be valid only during compliance with such conditions and other applicable provisions of the Garfield County Unified Land Use Resolution of 2008, the Building Code, and other regulations of the Board of County Commissioners of Garfield County, Colorado. BUILDING AND PLANNING DEPARTMENT, GARFIELD COUNTY, COLORADO Fred A. Jarman, AICP Building & Planning Department, Director (Planning Case no. PDPA 5809) Date Ill �h'r�P1i4Yt h^h�l�l'G��vlri�tili{l LIN 1 BI III Reception#: 769551 06(15/2009 12:02:11 PM Jean Alberico 2 of 3 Rec Fee:$0.00 Doc Fee:0.00 GRRFIELD COUNTY CO Exhibit A Page 1 of 2 1) Any equipment used in construction or operation of a pipeline must comply with the Colorado Oil and Gas Conservation Commission Rules and Regulations, Section 802, Noise Abatement. Additionally, all power sources used in pipeline operations shall have electric motors or muffled internal combustion engines; 2) Pipeline operations shall be located in a manner to minimize their visual impact and disturbance of the land surface. Facilities shall be painted in a uniform, non - contrasting, non -reflective color, to blend with the adjacent landscape. Right-of- way shall be located in existing disturbed areas unless safety or visual concerns or other adverse surface impacts clearly dictate otherwise; 3) All access and oversize or overweight vehicle permits shall be obtained from the County Road & Bridge Department prior to beginning operation. Any new roads or intensified driveway accesses created as a result of the pipeline construction, intended to be permanent for maintenance and repair operations shall be placed behind a locked gate or other barriers preventing use by recreational vehicles. Any gates or barriers need to be consistent with the surface owner's preferences; 4) All vehicles working within Garfield County Right of Ways will be licensed and registered in the State of Colorado. All vehicles hauling equipment and materials for the pipeline construction will abide by Garfield County Road & Bridge Departments oversize/overweight regulations. All vehicles requiring an oversize/overweight permit will send a letter showing proof that they can operate under a known bond holder on file with Garfield County Road & Bridge Department before a permit will be issued; 5) The Applicant shall provide the County with a digital alignment of the pipeline once constructed in a format readable to the County Geographic Information System (GIS) analyst; 6) In no case shall an operator engage in activities which impact Federal or State threatened and endangered species; 7) Air contaminant emissions shall be in compliance with the applicable permit and control provisions of the Colorado Air Quality Control Program, Title 25, Resolution 7, G. R. S; 8) All operations shall comply with all applicable Federal and State Public Health and Environment, Noise, and Air and Water Quality Control standards; 9) Any proposed waste disposal or treatment facilities shall comply with all requirements of the County Individual Sewage Disposal System Regulations; 10) Should any abandoned pipeline be removed, it will be subject to the original revegetation and weed management requirements in the original application; 11) The Applicant shall provide revegetation security in the amount of $154,250 prior to the issuance of the Administrative Pipeline Permit; 12) The Applicant shall provide a copy of the Stormwater Management Plan for Garfield County Records; 13) Construction of Phase II (as represented in the application) shall not begin until a copy of the Bureau of Land Management Right -of -Way agreement is submitted to the Building and Planning Department for review; 14) The Applicant shall provide Garfield County Vegetation Management seed tags upon completion of the revegetation process; 15) The Applicant shalt submit project -specific Biological Resources Protection Plan prior to construction of the project Phase i1; 1 VIII i1AKI itiM5111d,1i1.101114CIClRl +J ki 11111 ReceptionP: 769551 06/15/2009 12:02:11 PN Jean Filberico 3 of 3 Rec Fee;$0.00 Doc Fee:000 GARFIELD COUNTY CO Exhibit A Page 2 of 2 16) Once the construction contractor selection is finalized, Enterprise shall provide a detailed, project -specific Emergency Response plan to the County and the construction contractor representatives will meet with representatives from the Sheriff's department and Grand Valley Fire District prior to any construction of the proposed pipeline; 17) The Applicant shall comply with the conditions of utility permit number is GBRB08-U-68 regarding crossing County Right-of-way (County Road 300) and any future conditions deemed necessary by Garfield County Road and Bridge Department regarding the health, safety and welfare of the citizens of Garfield County during construction within County Right-of-way; 18) Signage shall be in place no Tess than five (5) days prior to the actual work being done to let users of Cr. 300 be aware of the road closure for the installation of the road crossing showing the detour route to Battlement Mesa via Cr. 300; 19) The proposed contractor's office and storage areas shall only be utilized in conjunction with the construction of the proposed Go!!bran pipeline. Immediately following the completion of the Collbran pipeline project the proposed storage area and office shall be reclaimed and reseeded. 2 b htiteers PLANNERS 1 ARCHITECTS 5 -mile Ranch —Storage Yard LIMITED IMPACT REVIEW APPLICATION EXHIBIT 12 SUPPLEMENTAL INFORMATION April 20, 2010 • SP1 - 75' TURNING RADIUS • SP2 - 75' TURNING RADIUS • 04/16/2010 DR GRIFFIN & ASSOCIATES IMPROVEMENT LOCATION CERTIFICATE Yvonne Bryant From: Yvonne Bryant [ybryant@bhhpartners.comj Sent: Tuesday, April 20, 2010 11:46 AM To: 'Kathy A. Eastley' Cc: 'Alex Lopez'; 'Toby Guccini'; 'Dennis Stahl'; 'ycbryant@yahoo.com' Subject: 5 -mile ranch Storage Yard - updated improvement survey Attachments: 17293-ILC-14APR10 5FT-SIGNED.pdf; 50612_1 SP -1 turning radius exhibits 042010.pdf; 50612_1 SP -2 turning radius exhibits 042010.pdf Good morning Kathy — We hope your vacation is going well this wee. Attached is the last piece of information requested regarding the improvement survey. DR Griffin has updated the survey to indicate the location of the gravel pad used in the storage area along with two fence that have been added to separate Yard A into three bays. The storage areas within the bays are also indicated on the survey. Existing wattles/straw bales have been indicated at the rip rap area leading to the drainage channels to demonstrate where the erosion and sediment control is being monitored. DR Griffin drew in the travel path to demonstrate the circulation path. Dimensions have been at the entry gates to Yard A and at the interior divider fences to demonstrate that the lane width requirements for Rural Access as defined under Article 7-307.A.2 have been met. Article 7-307.a.7.b requires a 75' turning radius for commercial/industrial type developments in which tractor trailers enter the property. We have attached exhibits SP1 and SP2 demonstrating that there is a 75' turning radius within each bay as required by the code. I can be reached by cell at 210.887.3937 if you have any further questions. Regards, Yvonne C. Bryant, AIA, APA Architect/Planner/Interior Desi • ner [1 PO Box 931 160 East Adams Breckenridge, CO 80424 PH: 970-453-6880 FX: 970-453-6888 www.bhhpartners.com PLEASE NOTE: This message, including any attachments, may include privileged, confidential and/or inside information. Any distribution or use of this communication by anyone other than the intended recipient is strictly prohibited and may be unlawful. If you are not the intended recipient, please notify the sender by replying to this message and then delete it from your system. 4/20/2010 O -J +'ST 6'X'1' CONCRETE CULVERT BOX AX O\`\ `` 1 6P \ \\%$ -,\ \� 3,5,011 f \ o \ \° \--Vt.\ P '\ 4' SO -- METAL CULVERT 1/ SMOOTH WIRE FENCE b 11 0, 40 So� \�Q o POWER so A�. ,S` POLE o JnSn ��S SP1 - 75' TURNING RADIUS SCALE. I" IOO'-O" hh h Parthers 'Zs' \ 1 / OS - O 1\ , may/ Y POWER O-------'-- NORTH POLE 0 50' 100' 200' BOX 931, 160 EAST ADAMS BRECKENRIDGE, CO 80424 (970) 453-6880 P.O. BOX 2113, 560 ADAMS AVENUE SILVERTHORNE, CO 80498 (970) 513-1000 5 -MILE RANCH - STORAGE YARD 4-IWY 6, 6ARFIELD COUNTY, COLORAD REVISIONS, 30E3 NO: 50612.1 DATE: 04/20/2010 DRAIIN BY, YBRYANT CHECKED BY: 61004N HI9 DRA•ll»y 19 CCPrRU-ITED AND SHALL NO1 of REFRGOZED WITHOUT ARC WTECT 5 MITTEN PER-1146IOR EXP. —2 -TR ROA 50 i r aej / 7 r /17 SMOOTH WIRE FENCE -0- I 1n� Frt X \ II �S Z I KJ Ay 7°; O D rn NORTH SMOOTH WIRE FENCE #/ \1/43.,k OS 0 POWER POLE SP2 - 75' TURNING RADIUS SCALE: III � 100'-0"Fs- h h J BOX 931, 160 EAST ADAMS BRECKENRIDGE, CO 80424 (970) 453-6880 P.O. BOX 2113, 560 ADAMS AVENUE SILVERTHORNE, CO 80498 (970) 513-1000 5 -MILE RANCH - STORAGE YARD HUJY 6, GARFIELD COUNTY, COLORAD \\\V---\_ • \EXIST 2 -TRA ROAC ENTERPRISE PERIMETER FENCE 0 50' 100' 200' REVISIONS JOB NO: 50612.1 DATE: 04/20/2010 DRAIN BY: YBRYANT CHECKED et MHCGAN MI9 DRAWRG ,5 COFRRCH1ED Mo SHALL Nol mE EFRGOZED WITHOUT ARGHIIECI'9 WRIt1EW PE*5551014 htMter r PLANNERS / ARCHITECTS 5 -mile Ranch —Storage Yard LIMITED IMPACT REVIEW APPLICATION EXHIBIT 13 SUPPLEMENTAL INFORMATION June 22, 2010 • 06/22/2010 - MEMORANDUM • 04/27/2010 DR GRIFFIN & ASSOCIATES IMPROVEMENT LOCATION CERTIFICATE (updated Yard A Legal Description) • 05/13/2010 UPDATED BMP SITE MAP • 05/06/2010 BMP MEMO ASPEN ENVIRONMENTAL FIELD SERVICES • 10/22/2009 UPDATED SPECIAL WARRANTY DEED • 05/28/2010 HANKARD ENVIRONMENTAL NOISE ANALYSIS • 06/05/2010 MCDOWELL ENGINEERING UPDATED TRAFFIC MEMORANDUM bh7" arfliers PLANNERS / ARCHITECTS MEMORANDUM TO: FROM: DATE: PROJECT: SUBJECT: Kathy Eastley, AICP Yvonne C. Bryant June 22, 2010 5 -Mile Ranch — Storage Yard LIPA6359 Limited Impact Review As noted in your April 26, 2010 correspondence, the applicant understands that your substantive review will be limited to the 8.6 acre portion of the 21.15 acre lease area within the parcel noted in the application. We apologize for the confusion within the deed and County Assessor documents. Updated documents have been provided by the owner/applicant. Specialty Restaurants/Stockton transferred these properties that make up the Ranch to one of their subsidiaries. The applicant understands that prior approvals on the site do not have a bearing on this Limited Impact Review process. Accordingly, the applicant has provided the information requested during the pre -application meeting that supports the appropriate sections of the Municipal Code. Following is the additional information and clarifications of items 1-12 requested in the April 26, 2010 correspondence: 1. Site Plan issues: a. A metes and bounds description of the 8.6 -acre storage yard is required on the site plan. Should the application be approved, this site plan will be attached to the resolution. Though this description occurs on the Uintah Engineering drawing contained in Exhibit 7, this description is required on the site plan. The attached revised DR Griffin & Associates Improvement Location Certificate (site plan) for the 8.6 -acre yard dated 4/27/10 has been updated to include the metes and bounds description for Yard A. The Applicant/Owner understands that this map shall be attached to the approved resolution. 2. Discuss the issue of screening of the site as required by Section 7-810. As noted within the Exhibit 2 narrative, the storage yard is surrounded by a 7' chain-link fence with a barbed wire section on top. The yard is initially screened from traffic entering Garfield County from Mesa County along 1-70 by a series of hills to the west. There is a grade change of approximately 80 feet between the storage yard site and 1-70. East -bound 1-70 is approximately 1,460 feet away from the site. The leased storage yard and surrounding rural pasture are non -irrigated, hence landscaping is not proposed. As noted previously, re -vegetation of areas disturbed during installation of the storage yard are being coordinated and monitored with Steve Anthony of the Garfield County Vegetation Management Department. We look forward to reviewing this further with you during the site visit. P.O. BOX 931 / 160 E. ADAMS AVE. / BRECKENRIDGE, CO 80424 / 970.453.6880 PH / 970.453.6888 FX P.O. BOX 2113 / 560 E. ADAMS AVE. / SILVERTHORNE. CO 80498 / 970.513.1000 PH / 513.0155 FX www.bhhpartners.com 3. How will fugitive dust be mitigated? It is my understanding that the access road off of Highway 6 may require intermittent treatment (water trucks, chemical suppressants, etc.) As noted previously within Exhibit 2, Section 7-208 of the Narrative, (fugitive) dust is treated on the site through intermittent treatments using water trucks. The section of road between the access road and the storage yard is mitigated with both water and the use of magnesium chloride. 4. Surface material of the storage area is not discussed in the application other than to say that the parking area is gravel. Is the entire 8.6 acre site gravel? As noted in the application, the lease parcel in question is -21 acres. Within this lease parcel is the -8.6 acre yard being used for storage. Yard A (the 8.6 storage yard) as shaded on the DR Griffin & Associates Improvement Location is a series of 3 bays consisting of a gravel pad base. The first bay does have a topsoil storage area in the northwest corner. 5. Are there any employees who would be stationed at the site, or would they be there just to pick-up or drop off? Are there any porta-potties on the site? The current tenant does not have employees permanently stationed at the storage yard. Employees use the site for pick-up and drop-off between shifts. The first bay is acting as a car-pooling site for employees of the tenants. As noted before, the current tenant proposes to use the site for storage of pipe materials. Accordingly, 2-3 employees meet shipments on the site to either load or unload the materials. Upon completion, these employees return to their work -sites. As employees are not stationed on the site, no porta-potties have been provided at this location. 6. A 60' access easement is discussed in the narrative, please provide a copy of that document. The documentation for the 60' access easement is in two locations within Exhibit 7. The access easement is defined on the DR Griffin & Associates improvement location document as Inset D located in the upper left corner of the document. In addition, the access easement is identified on the Uintah document as the "Centerline of Proposed Road Right -of -Way." This access is further identified by the bearings noted in the chart as C1, L1, and L2. 7. The volume of sound must be demonstrated, was a sound analysis performed for this site? One must be provided that indicates that the noise levels will remain within state guidelines. Please see the attached report provided by Hankard Environmental. In accordance with COGCC Rule 802, noise from the proposed facility is measures 350 feet from the property line. Noise levels are limited to 70 dBA from 7:00 am to 7:00 pm and 65 dBA during the night time with a provision that allows these levels to be exceeded by up to 10 dBA for 15 minutes in any one-hour period. Based on the equipment noted in the report that is used for the handling of materials, the predicted noise level for the site is 64 dBA. The report went a step further to calculate anticipated noise levels at the nearest residence approximately 1600 feet away. These are estimated at 45 dBA. As a point of reference, a normal conversation with people standing 3-5' away from each other is 60-70 dBA. 8. The standards contained within 7-810 and 7-821 must be addressed - how will you comply with them, rather than a statement that you will comply with them. Sections 7-810 and 7-821 have been addressed with the Exhibit 2 Narrative. As noted throughout the application, the yard is to be used for the storage of pipe materials. Fuels (ie. hazardous materials) are not store on site. 7-810.E & 7-810.F have been addressed in conjunction with Item 7 above. See the attached summary from Hankard Environmental. As noted above, Section 7-821 has been addressed in the narrative. As a clarification to 7- 821.B, pipe materials are stored on the property in the locations indicated on the DR Griffin & Associates Improvement Location. The yard area is enclosed within a 7' chained link fence with barbed wire on top plus an additional barbed wire fence to prevent materials leaving the property. Drainage channels have also been protected through the use of straw wattles, straw bales, earthen berms, and sediment traps. 9. Will repair and maintenance activity occur on this site? No repair or maintenance activities are anticipated with the storage yard at this time. The current tenant will use the site for the loading and unloading of piping materials plus as a parking/car-pooling area. 10. Please provide updated plans in Exhibit 7 to limit the area to the 8.6 acres - otherwise it appears that the storage is proposed to occur on the 21 acre site. These would include the EPCO BMP Placement (I'm assuming that strawbales will only be placed on the 8.6 acres). As requested, the DR Griffin & Associates Improvement Location plan has been updated along with the Best Management Practices Map by Aspen Environmental Field Services. The Yard A 8.6 acre storage yard is located within the 21.15 acre lease parcel. You will note that the BMP improvements extend beyond the 8.6 acre yard since the yard is within a larger leased area. Vehicle turning radii were provided previously to demonstrate compliance with County regulations for each turning bay. 11. The McDowell Engineering Traffic Assessment is specific to a "staging area" for a pipeline. Please discuss how this would apply to the current request. An updated assessment will be required if the proposed use as a "Storage Yard" yields different traffic numbers or patterns. Attached is an updated traffic analysis for the storage yard use. The original traffic analysis took into account construction activities needed to build the yard. As no new construction is proposed on the site, the new analysis takes into account primarily the carpooling traffic for two shift changes and the periodic delivery of materials. There is an existing CDOT permit on the Highway 6 access point with a limit of 20 Design Hour Volume (DHV). The updated report converts the DHV's to "passenger car equivalents" to take into account deliveries by multi-axel trucks, but maintains the limits noted in the CDOT permit. 12. Ownership issues as identified via email to you on on April 26, 2010. Attached are the updated records regarding ownership of the property. We apologize for the inconvenience as the owner transferred ownership between some of their holdings. END OF MEMORANDUM Cc: Dennis Stahl, Toby Guccini, Alex Lopes, Phil Vaughan, file s47 �`d` i- v '�/% g? / 5 / < ti 'a .mac hh��T�,�� r Rr� fid: _`__—%1188"39 1 (/ �� STRAV ROLL SONIMENT I. CONTROL Lo S ;1 , INSET 'T • SCALE: 1" LEGEND FOUND 3-I/4• ALUMINUM CAP ON A 3' ALUMINUM POST SET 8Y �( 4 STRAND BARBED PARE FENCE UNLESS 01NER81SE NOTED O O 7' CHAIN LINK FENCE WITH BARBED WIRE —— —— - EXISTING DRAINAGE CENTERLINE LEASE UNECALCULATED FROM EAST 0/4 CCRNER OF SHOWN 5E01 ASPHALT ROAD GRAVEL ROAD Ff yc 6,X7, CONCRETE CULVERT BOX S EJECT 1 / TR CT IICII+IT MAL SCALE: 1" = 4000' County Clerk'c records was made or prodded olli Ills survey. The description of the shorn s obtained from o plot prepared by Uintah Engineering and Land Sruveyiog for Eneano c., doled Apra 1, 2008 os Tae 48749. Inge for this survey is referenced to the tine from the South 1 Corner of SeetIon 6 to the Mica 6 os bearing N 43' 41' 42" E, monumented as shown hereon. vrollons for Mk survey Is referenced to PIGS Triangulation Station %sop a' hosing o published North AmerlLon Vertical Dolan) of 1988. es published by the Nellano1 Geodetic Survey on Apra 15, 2010. 0.65 led address at this 1,0011on. ,Od TION "Alt - /7 /'' the 0, Noll (E 1/2) of esaion 6, Township 8 Scull, Range 96 Weal el the 61h P.M., wad0. mere par[leulorly desvlbed es follows: East 0uarter earner of sold Section 6. being a found 3 1/4" OUA aluminum cop an 3' 04' West, 1370.70 feet to the POINT OF 800981NG; I'34" Wast, 410.94 feel; )'15' East, 35.82 lest; 9'01' East, 150.78 !eel; 1'46' East. 212.02 lean; 1'42" East, 596.20 feel; $M06"6' E0,1. 329.37 feel. to 0 pant ham whence sold East 0uarter corner bears, 1s1, 822.35 lest: )'36" West. 1009.80 feel 10 the POINT OF BEGINNING. ung 8.8 odes more or less. M1PROYEMEM'WCATTON CERTFICIT£ 6-1;t9ttlIhel ilubel'im.pi"roverneTnisn'anVe6.abeve described parcel lar Eaterprtse Products, Ins., Ihel it is e rdlad upon lar 000 bloSlISwnml of n Ws dole. April 15. 2010. except BALES are anlirely within the boundaries al Lhe parcel, except os shown, Piet there ere no ling premises. except as 1,4110td. and ernent cros0n9 or burdenng any part jL TOT— '''.1‘.P.:.="...'. OT A' P' l'"nT':.="'. 3' METAL CULVERT Z 2' METAL GATES CULVERT 506 g,`ay.Crb` 0070: JJ �I N36'2407'W �2`(r 461.04' 4.3) POWER 050 m19Erx• 009$''ro 307) 3624028 IMPROVEMENT LOCATION CERTIFICATE FOR ENTERPRISE PRODUCTS, INC: PIPE STORAGE LEASE PARCEL INSET "A" SCALE:: 1"=25' oh INSET "8" SCALE: 1" 25' RIFFIN & ASSOCIATES, INC. 1414 ELK ST., ROCK SPRINGS, WY 82901 SITUATE IN NW OF SECTION 5&NEI OF SECTION 6, Te 8 Se, R. 96 We, 6th P.AL GARF ELD COUNTY COUNTY COLORADO REVUE0:41f7/1O.000 DRAWAA'4R0109. RGR ADDED LEGAL OESORIPRON DRGJOBN0. 17293 5031E 1"=100' EXHIBIT 1 c a t d a) v o • r3 -a 0 (9 0c a> 0 0 .. CD 0 0 J ASPEN ENVIRONMENTAL F`n SERVcES, LLC Project Co, plarke Management - Permitting - Site Restoration Thursday, May 06, 2010 To Whom It May Concern: Aspen Environmental Field Services, LLC (Aspen) has provided stormwater management services for the Enterprise Pipe Storage Yard since August of 2008. This yard has previously been referred to as the Collbran Pipe Yard and the 21 Acre Yard. All three names refer to the same area of disturbance. Aspen conducts routine, 30 -day stormwater inspections on the Enterprise Pipe Storage Yard as required by general permit number COR030000. Inspection records are stored in the Collbran Pipeline Project Stormwater Management Plan, Certification Number COR03D552. Sincerely, Mark Carlson Aspen Environmental Field Services, LLC mcarlson@aspenefs.com (541) 891-2834 776889 10/27/2009 01:55:44 PM Page 1 of 3 Jean Alberico, Garfield County, Colorado Rec Fee: $16.00 Doc Fee: $0.00 eRecorded Recorded at o'clock M Reception No. Recorder. SPECIAL WARRANTY DEED THIS DEED, made this rauklay of X041 Between Specialty Restaurants Corporation a corporation duly organized and existing under and by vhme of the laws of the Slate ofCalifomI , grouter, and 5-MileRanch, LLC whose Legal address is: 8191 Last raiser Blvd, Anaheim, CA, 92808 of the County of Orange and State of CA grantee(s): WITNESSETH, That the grantor for and in consideration of the sum of ten dollars and other good and valuable consideration, the receipt and sufficiency of which is hereby aolmowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell and convey and confirm unto the grantee, its successors and assigns forever, all the real property together with improvements, if any, situate, lying and being in the County of Garfield and State of Colorado desedbed as follows: See Attached Exhibit "A" as known by street and number as: TOGETHER with all and singular the hereditaments and appurtenances "hetet° belonging, or in anywise appertaining, and the inversion and reversions, remainder and reminders, rents, Issues and profits thereof and all the estate, right, title, interest, claim and demand whatsoever of the grantor either in law or equity, of, in and to the above bargained premise; with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the mantes, its successors and cc- assigns rassigns forever. And the Grantor, for i"self its successors and assign& does covenant and agree that it shad and will WARRANT AND FOREVER DEPEND the above bargained premises in the quiet and peaceable possession of the grantee, its successors and assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under the grantor. IN WITNESS WHEREOF the grantor has caused its corporate name lobe hereunto subscribed by its President the day and year Cant above written. STATE OF CALIFORNIA COUNTY OF ORANGE ss. Th foregoingmetrumeyt was acknowledged before me ont. ad ZdJ9 by VO/{'.tlib./�G.L(C/vl2'% pi ES/pry of SpecialtyRestaurants Corporation.' My commission cypher.: ,9'52('/0 am,. n sua.asoca, tk 51911 &.atom Blvd AI trsn CA MOO WITNESS my hand and official seal iJ u1'u61i�Gf�9v- « a LYNETTE M. KEILUM « I Comms -non *1653359 Notary public. caglomia t Orange County My Comm. Expires Mor 271, 20101 776889 10/27/2009 01:55:44 PM Page 2 of 3 Jean Alberico, Garfield County, Colorado Rec Fee: $16.00 Doc Fee: $0.00 eRecorded EDIT "A" A Parcel of Land in Sections 23, 26, and 35 of Township 7 South, Range 96 West of the Sixth P.M., Garfield County, Colorado described as Parcels 10 through 17 in Exhibit "A" contained in Book 1570 at Page 257 as recorded in the Clerk and Recorder's Office in Garfield County, Colorado, being more particularly described as follows: Begbming at the Southwest corner of Section 26, thence along the Westerly line of said Section 26 N 00°58'51"W a distance of 2642,67 feet to the West Quarter comer of Section 26; Thence N01°20'55"W a distance of 970.75 feet along the Westerly line of said Section 26 to a point on the centerline of the Colorado River, thence along the centerline of the Colorado River the following 18 courses: ON 18°41'1613a distance of 402.18 feet, 2) N34°31'39"E a distance of 44.31 feet; 3) N34°31'39"E a distance of 544.98 feet; 4) N34°31'39"E a distance of 68.73 feet; 5) N67°37'36"E a distance of 414.96 feet; 6) N68°42'34"E a distance of 65.99 feet; 7) N68°42'34"E a distance of 165.86 feet 8) N68°42' 34"E a distance of 19425 feet; 9) N68°42'34".E a distance of 3.33 feet; 10) N69°18'19"E a distance of 448.89 feet 11) 889°26'57"E a distance of 410.16 feet; 12) S 70°0139"E a distance of 299.14 feet; 13) S81°55'31"E a distance of 323.00 feet; 14)N82°1159"E a distance of 279.24 feet • 15)N82°11'59"E a distance of 130.06 feet 10N49°03'13"E a distance of 286.10 feet; 17) N21°10'05"E a distance of 305.41 feet; 18)1406°35120"W a distance of 328,58 feet, Thence leaving said centerline of the Colorado River S26°53'56"E a distance of 356.68 feet; thence 807°33'39"E a distance of 1552.41 feet; thence S70°12' 10"E a distance of 342.99 feet to a point on the Northerly right-of-way of County Road 300 being a 60 foot right-of-way; Thence along said Northerly right-of-way the following 28 courses: I) Along the arc ofa curve to theright 95.73 feet, said curve having a radius of 1597.16 feet, a central angle of 3°26'03" and a chord which bears S22°42'48"W a distance of 95.72 feet; 2) Along the arc ofa curve to the, right 149.47 feet, said curve having a radius of 1824.28 feet, a central angle of 04°41'40" and a chord which bears 826°46'40"W a distance of 149.43 feet 3) Along the are ofa curve to the right 153.73 feet, said curve having a radius of 876,56 feet, a central angle of 10°02'55" . and a ehord which bears S34°08'57"W a distance of 153.54 feet; 4) 839°18'37"W a distance of 213.42 feet 5) Along the arc ofa curve to the right 675.93 feet, said curve having a radius of 635,90 feet, a central angle of 60°54'09" and a chard whichbears S67°05'04"W a distance of 644.55 feet; 6) N85°42'17"W a distance of 571.98 feet; 7) Along the arc ofa curve to the right 200.50 feet, said curve having a radius of 502.25 feet, a central angle of 22°5272" and a chord which bears N70°09'55"W a distance of 199.17 feet, 8) Along the are ofa curve to the left 329.28 feet, said curve having a radius of 513.13 feet, a central angle of 36°46'00" and a chord which hears N85°53'43"W a distance of323.66 feet; 9) Along the arc of a curve to the right 133.89 feet, said curve having a radius of 18841.97 feet, a central angle of 0024'26" and a chord which bears S79°50133"W a distance of 133.89 feet 10) Along the arc of a curve to the right 177.11 feet, said curve having a radius of 327.89 feet. a central angle of 3096'56" and a chord which bears N84°53'12"W a distance of 174.97 feet; 11) N70°18'07"W a distance of 115.93 feet 12) Along the. arc of a cave to the,left 118.45 feet, said curve having a radius of 227.76 feet, a central angle of 29°47'56" and a chord which bears N85°12'05"W a distance of 117,12 feet 13) Along the aro ofa curve to the left 286.59 feet, said curve having a radius of 180.15 feet, a central angle of 91°09'04" and a chord which bears S39°04'36"W a distance of 257.31 feet 14) Along the arc ofa curve to the right 28.00 feet, said curve having a radius of 105.67 feet, a central angle of 15°10'58" and a chord which bears 842°2.9'19"W a distance of 27,92 feet; 15) Along the arc of a curve to the right 85.74 feet, said curve having a radius of 105.67 feet, a central angle of46°29'28" and a chord which bears 811°39'06"W a distance of 83,41 feet; 16) 353°49'43'W a distance of 85.79 feet; continued on next page 776889 10/27/2009 01:55:44 PM Page 3 of 3 Jean Alberico, Garfield County, Colorado Rec Fee: $16.00 Doc Fee: $0.00 eRecorded EXHIBIT "A" CONTINUED 17) Along the arc of a curve to the left 118.02 feet, said curve having a radius of 144.18 feet, a central angle of 46°53'53" and a chord which bears 530°22'46' W adistanoe of 114.75 feet 18) S07°20'57"W a distance of 21226 feet; 19) Along the are of a carve to the left 13520 feet, said curve havinga radius of 581.50 feet, a central angle of 13°19'i7" and a chord which bears S00°411191'W a distance of 134.89 feet; 20) Along the arc of a curve to the Left 405.67 feet, said ourve having a radius of 40231.17 feet, a central angle of 0°34'40" and a chord which bears 805°42'12"B a distance of 405.67 feet; 21) Along the arc of a curve to the left 587.88 feet, said ourve baying a radius of 46740,60 feet, a central angle of 0°4314" and a chord which bears 809°31'30"E adistance of 587.87 feet; 22) Along the arc of a curve to the right 160.85 feet, said curve having a radius of 8493.04 feet, a central angle of 1°05'06" and a chord which bears 809°20'34"B a distance of 160.84 feet; 23) S06°26'0813 a distance of 120.33 feet; 24) Along the arc of a curve to the right 285.57 feet, said curve having a radius of 1042.33 feet, a central angle of 15°41'51"and a chord which bears S00°18'51' W a distance of 284.68 feet; 25) 303°20'l1"W a distance of 161.72 feet 26) 803°20'11"W a distance of 377.78 feet; 27) Along the arc of a wave to the Ieft 65.84 feet, said curve having a radius of 466.03 feet, a central angle of 8°05'39" and a chord which bears S00°42'38"Ea distance of 65.78 feet; 28) Along the arc of a curve to the left 202.42 feet, said curve having a radius of 15996,41 feet, a central angle of 0°43'30" and a chord which bears 807°51'36"E a distance of 202.42 feet to a point on the Southerly line of said Section 26; Thence leaving said County Road right-of-way 389°58'00"E a distanee of 30.62 feet to the South East Comer of the SW1/4 of Section 26; thence S00°58'21'B a distance of 1341.00 feet to the South Best corner of the NW 1/4 of Section 35; thence N89°51'41"W a distance of 1329.53 feet to the South West corner of the NW 1/4 NW1/4 of Section 35; thenee N01°4739"W a distance of 1339.04 feet to the Point of Beginning. The above described real property is also described as Parcels 1 through 8, inclusive, of the Battle Mountain Ranch Boundary Survey Recorded May 25, 2006 as Reception No. 698614. nNKARD FrrVIRONMENTAL C ACOUSTICS AND V`BRAt1oN CONSULTING May 28, 2010 Yvonne C. Bryant, AIA BHH Partners 160 East Adams Breckenridge, Colorado 80424 Re: Noise Analysis for the Specialty Restaurants Laydown Area in Garfield County, CO Dear Yvonne, This letter provides the results of our analysis of noise from the proposed 21 acre pipe laydown and material handling area being proposed by Specialty Restaurants. The proposed facility is located about 7 miles south-west of Parachute, Colorado on the south side of US 6 (near milepost 67). As described in more detail below, noise levels from the facility are predicted to be below applicable Garfield County and State of Colorado limits. APPLICABLE NOISE REGULATIONS Garfield County 2008 Unified Land Use Resolution (as amended) specifies noise level limits and provides other noise -related restrictions, as follows: Section 7-815, Additional Standards Applicable to Pipelines Subsection B states: "Any equipment used in construction or operation of a pipeline must comply with the Colorado Oil and Gas Conservation Commission (COGCC) Rules and Regulations, Section 802, Noise Abatement." This is applicable to this project, and is described in more detail in the following paragraph. Subsection B also provides a list of mitigation measures to be applied if the project "will have a substantial [noise] impact in adjacent areas". The proposed project is not predicted to create a substantial noise impact, therefore we feel that these additional measures do not apply. The COGCC Rule 802 (Revision: April 1, 2009) provides maximum permissible noise levels for four different land uses/zones, as shown in Table 1. Compliance must be achieved at the property line of the proposed facility, or 350 feet from the noise source, whichever is greater. In this case, compliance must be achieved at a distance of 350 feet. Surrounding properties are designated 'R -Rural' and are primarily used for grazing. For the purposes of this analysis, the surrounding properties were categorized 'light industrial'. Thus, noise from the proposed facility, measured at a point 350 feet from the noise source, is limited to 70 dBA during daytime (7:00 a.m. to 7:00 p.m.) and 65 dBA during the nighttime. Note that there is a provision that allows these levels to be exceeded by up to 10 dBA for fifteen minutes in any one-hour period, which will be addressed if necessary. Denver Colorado • Madison Wisconsin • Portland Maine phone: (303) 666-0617 • fax (303) 600-0282 o www.hankardinc.com ANKARD ENVIRONMENTAL AcoOSL16 A00 V;BunTON Co,4sOLflNG COGCC Rule 802 has additional provisions for 'impulsive noise' (e.g. pile driving) and 'shrill noise' (e.g. steam venting). No such noise sources are expected to be used as part of the proposed facility, but if they were they would be subject to a limit 5 dBA lower than those listed in Table 1. Finally, COGCC Rule 802 has special provisions for low frequency noise sources. No such sources are expected to be used as part of the proposed facility, but if they were they would be subject to a limit of 65 dBC. TABLE 1 COGCC MAXIMUM PERMISSIBLE NOISE LEVELS -dBA Daytime (1), (2) (7:OOam to 7:OOpm) (7:OOpm to 7:OOam) Zone Nighttime (1) Residential / Agricultural / Rural Light Industrial 55 70 50 65 (1) During the daytime, the noise level can be increased by 10 dBA for 15 minutes in any one-hour period (2) Noise level limit decreased by 5 dBA for impulsive type sounds. Section 7-821, Additional Standards Applicable to Storage Areas and Facilities Subsection D.2 states that "Repair and maintenance activity requiring use of equipment that will generate noise, odors or glare beyond the property boundaries will be conducted within a building, or outdoors during the hours of 8am to 6pm Monday through Friday." Our interpretation of this provision is that it is intended to limit non- essential noisy activities from occurring at night or on the weekend. However, we also interpret this provision as not limiting the hours of regular operations. PROJECT AND SITE DESCRIPTION The proposed 21 acre laydown site is located in Garfield County, approximately 6 miles north- east of De Beque, Colorado and approximately 7 miles south-west of Parachute, Colorado along Old US Highway 6 (off US Highway 6/Interstate 70). The proposed storage yard is located on a relatively flat area with significant mountains visible to the north and south. Old US Hwy 6 toward De Beque visibly drops behind rolling hills approximately 1,000 feet west of the proposed laydown site turn off. As shown in Figure 1, 8.6 acres of the 21 acre parcel will be used as a staging (storage) area for pipes and other material and equipment. During regular operations, the primary noise from this facility will be from equipment powered by internal combustion engines. Specifically, semi -trucks will deliver and pick up materials from the site, and forklifts and cranes will move material around within the site. Noise Analysis for the Specialty Restaurants Pipe Laydown Area page 2 May 28, 2010 HANKARD ENVIRONMENTAL —�— ACOUSTICS AND ViBRa 1n 1o0N CONSVli 1NG FIGURE 1 — PROPOSED STORAGE YARD AND SURROUNDING AREA NOISE ANALYSIS RESULTS Noise levels from trucks, forklifts, and cranes were predicted using the Federal Highway Administration's Roadway Construction Noise Model, version 1.1. The model predicts noise levels based on the distance from the source to the receiver, the presence of any barriers between the source and receiver (such as terrain or buildings), and the number and type of equipment to be employed. The distance in this case, as specified by COGCC Rule 802 is 350 feet. For information purposes only, noise levels were also predicted at the nearest residence, which is located 1,600 feet from the proposed facility. A 5 dB reduction was taken to account for the terrain that blocks line of site to the residence. No barriers were modeled for the 350 foot prediction. The number and type of equipment to be used at the facility are listed in Table 2. The resulting predicted Lmax noise level is 64 dBA at the 350 foot distance. The predicted Lmax noise level at the nearest residence is 45 dBA. Noise Analysis for the Specialty Restaurants Pipe Laydown Area page 3 May28,2010 ANxARn ENVIRONMENTAL ACOUSTICS AND VIBRATION CONSNLTIN4 TABLE 2 EQUIPMENT MODELED FOR NORMAL OPERATIONS Count Item 1 2 Crane Fork Lift (modeled as Front End Loader) COMPLIANCE WITH APPLICABLE NOISE REGULATIONS Section 7-815, COGCC Rule 802 COGCC Rule 802 limits noise levels in a light industrial land use zone at a distance of 350 feet from the proposed facility to 65 dBA during the nighttime and 70 during the daytime. The maximum noise level expected at a distance of 350 feet from the proposed facility is 64 dBA. Thus, the proposed facility is expected to be in compliance with COGCC Rule 802. Section 7-821, Repair and Maintenance Activities Repair and maintenance activities should be conducted between the hours of 8:00 a.m. and 6:00 p.m. Our interpretation of this provision is that it is intended to limit non- essential noisy activities from occurring at night and on the weekend. We also interpret this provision as not limiting the hours of regular operation. Please call if you have any questions. Sincerely, /(0"-Zi Michael Hankard President Noise Analysis for the Specialty Restaurants Pipe Laydown Area page 4 May 28, 2010 CDOWELL ENGINEERING. TRANSPORTATION ENGINEERING CONSULTANTS To: CDOT Region 3 Access Manager 222 South 6th Street, Room 100 Grand Junction, CO 81501 Attn. Devin Drayton From: Kari J. McDowell, PE, PTOE Date: June 5, 2010 Re: Storage Yard Garfield County, Colorado Project Background: Traffic Memorandum The applicant is anticipating a land use change in the 21 -acre parcel owned by Specialty Restaurants Corporation. The parcel is located adjacent to Highway 6, west of Parachute, in Garfield County, Colorado. The yard has been used as a construction staging yard and is now being proposed to be used as a construction storage yard. Construction Staging Yard = Facility for pipeline construction employees to park personal vehicles, pick up work trucks and construction supplies. Construction Storage Yard = Facility for the storage of large pipeline construction materials. (Sideboom, Dozer, Trackhoe, Pipe, etc.) The proposed storage yard site access is located in the same location as an existing access, in the vicinity of Milepost 67.70, on the south side of Highway 6. The access is located approximately 2.8 miles west of County Road 300. The parcel is owned by Specialty Restaurants Corporation, and had a previous State Highway Access Permit #309083 and Notice to Proceed, dated August 11, 2009. This permit allows 20 DHV for this access. The site had a temporary Access Permit for the use as a construction staging yard. The access was previously improved to accommodate large trucks. CDOWELL ENGINEERING,LIC TRANSPORTATION ENGINEERING CONSULTANTS The general location of the access can be seen in the vicinity map belo To Project Site eartieia. eercitIn_ Deiieglle - Mesy, Mesa Highway 006M is classified by the Colorado Department of Transportation (CDOT) as a rural major collector roadway, with an Access Category of R -A, Regional Highway. There is a single, I2 -foot lane in each direction of Highway 6 in this area. The posted speed limit is 50 mph. Proposed Land Use: To Parachute GLrlteia'_ Masa FCC The applicant is anticipating the use of the yard for the storage of construction equipment and materials. It is anticipated that the yard will operate 24 hours per day, seven days a week. The typical 12 -hour shift change for the pipeline construction employees occurs at 7am and 7pm. The yard is anticipated to accommodate up to ten personal vehicles for employees. It is anticipated that these employees will arrive and depart throughout the day to load construction materials onto large pipeline trucks. The employees will work in two, twelve hour shifts. Employees are not anticipated to be stationed at this facility. The intent is that they will load the trucks and then return to another work site. The applicant anticipated that two pipeline trucks could be loaded in an hour. This would include loading large equipment and pipeline construction materials onto a pipeline truck that would haul the load to a construction site. CDOWELL ENGINEERING. TRANSPORTATION ENGINEERING CONSULTANTS Trip Generation: The temporary storage yard does not fit into an established trip generation land use within the Institute of Transportation Engineers' 7th Edition of the Trip Generation Manual. Therefore, a custom trip generation analysis is necessary. Per conversations with the land owner and lease, the site is anticipated to receive traffic from employees and construction traffic. A detailed Custom Trip Generation Worksheet can be found in Table 1. The worksheet is the contractor's best estimation of the anticipated traffic volumes, arrival and departure hours. During the peak traffic -generation hour, eight vehicle trips can be expected. A total of 136 vehicle trips can be anticipated over a 24-hour period, The land use/trip generation rates were provided by the land owner and lease. Please refer to Table 1 — Trip Generation Analysis, for trip generation estimates. The table includes calculations for Passenger Car Equivalency of large trucks. Criteria in the State Highway Access Code are based on automobile operations and performance. To allow for the impact of larger trucks, "passenger car equivalents" were calculated based upon Section 2.3(4)(e) if the State Highway Access Code, Volume 2, Code of Colorado Regulations 601-1, Revised March 2002. Utilizing passenger car equivalents, the site is anticipated to receive 16 DHV during the peak hour. Special Events: Occasionally, the site will receive a large shipment of pipe and other construction supplies. A separate, temporary permit will be obtained for these events. Conclusion: Based upon the anticipated construction storage yard operation, the site is not anticipated to exceed the allowable 20 DHV for this site. Therefore, no additional permitting is required through CDOT. In the event of additional traffic, the applicant shall obtain a separate, temporary permit. Please call if you would like any additional information or have any questions regarding this matter. Sincerely, McDowell Engineering, LLC Kari J. McDowell, PE, PTOE Traffic Engineer 6 E ur FC E 6'.' E_ 6 n EE E. FE g. 6 0' EE E gt 6 n V 6 EC E E = n EE ...n EE F_ — E_ E 6 c F E , 66 EC g 5g1 off „Lg.. oIo oB�tiI a l i f a j ,g 141 3 3 Fo E _' 2 Ea