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1.01 Supplement Materials
COLORADO f R COADO Colorado River Engineering P.O. Box 1301 J VER Rifle, CO 81650 (970) 625-4933 ENGINEERING 111COR POA TE D Memorandum To: Mr. Glenn Hartmann From: Wendy Ryan and Chris Manera, P.E. Date: 1/10/2018 Subject: Supplemental Application Materials — Main Elk Creek Ranch Job #: CRE 1152 Colorado River Engineering (CRE) has reviewed your Floodplain Permit Completeness Review and is submitting these additional requirements in response to that letter. 1. General Application Materials a. Proof of Ownership - Deed attached to this supplemental report. b. Authorization to represent - attached c. Statement of authority for LLC - attached d. Signatories - The owner signed the application that was submitted previously. e. Agreement to pay form — attached 2. List of Property Owners within 200 feet of the subject property a. Account R015083 Owner DOOLEN, DAVID J & DENISE D Physical Address 3838 243 COUNTY RD NEW CASTLE 81647 Mailing Address 3838 COUNTY ROAD 243 NEW CASTLE, CO 81647-9746 b. Account R150218 Owner HARRIS, BRIAN WALTER & MARY LINDA Physical Address 3970 243 COUNTY RD NEW CASTLE 81647 Mailing Address 3970 COUNTY ROAD 243 NEW CASTLE, CO 81647-9746 c. Account R150252 Owner SEAVER, ALAN F Physical Address 3980 243 COUNTY RD NEW CASTLE 81647 2018-01-10 Supplemental_Information_MainElkRanch_Restoration_Letterhead Page 1 of 5 COLORADO f R COADO Colorado River Engineering P.O. Box 1301 J VER Rifle, CO 81650 (970) 625-4933 ENGINEERING 111COR POA TE D Mailing Address 3980 COUNTY ROAD 243 NEW CASTLE, CO 81647-9746 d. Account R150258 Owner ZURCHER, ANTONIA Physical Address 4110 243 COUNTY RD NEW CASTLE 81647 Mailing Address 4110 COUNTY ROAD 243 NEW CASTLE, CO 81647 e. Account R231036 Owner BUREAU OF LAND MANAGEMENT Physical Address Not available SILT 81652 Mailing Address 2300 RIVER FRONTAGE ROAD SILT, CO 81652 f. Account R150257 Owner MARKS, RICHARD Physical Address 3991 243 COUNTY RD NEW CASTLE 81647 Mailing Address 3991 COUNTY ROAD 243 NEW CASTLE, CO 81647 g. Account R150195 Owner MEADOW CREEK LLC Physical Address 1862 243 COUNTY RD NEW CASTLE 81647 Mailing Address 1411 MOCKINGBIRD PLACE LOS ANGELES, CA 90069 3. List of mineral owners on the subject property a. See the attached email from Karp Neu Hanlon indicating all mineral rights are owned by Meadow Creek Ranch, they are aware of the work and no further notification is needed. The mineral interests were researched extensively prior to the purchase of the subject properties. 4. Site Access 2018-01-10 Supplemental_Information_MainElkRanch_Restoration_Letterhead Page 2 of 5 COLORADO f R COADO Colorado River Engineering P.O. Box 1301 J VER Rifle, CO 81650 (970) 625-4933 ENGINEERING 111COR POA TE D a. As illustrated in the attached Figure 2, the channel of Main Elk Creek is completely internal to the Main Elk Creek Ranch property boundaries. Once on the Ranch property, the creek will be accessed directly. 5. Irrigation ditches crossing the subject property a. Clinetop Ditch — The Clinetop Ditch has several owners (including Main Elk Creek Ranch) using the water rights decreed to this ditch. It is our understanding that John Jenick is the point of contact for the ditch and will notify all owners on the ditch of the work to be performed. There is no work being proposed that will impact the headgate to this structure. John Jenick 4414 CR 243 New Castle, CO 81647 b. John Rolletto No. 1 Ditch — 2.5 cfs decreed to this ditch is fully owned by the Applicant. 6. Floodplain Analysis Letter a. The previously submitted letter from Chris Manera and Wendy Ryan of CRE has been updated to address specific codes in Sections 3-301 and 4-203(0). The letter is attached to this submittal and dated January 10, 2018. 7. Floodplain Review Criteria Section 4-109 a. There is no danger to life and property due to flooding or erosion damage for the work being proposed. The work is intended to restore and stabilize areas where severe erosion from grazing, high water and other activities have degraded the channel. b. N/A — No facility is proposed. c. N/A — The work is confined within the property owned by the applicant. There is minimal risk of material being swept onto other lands. 2018-01-10 Supplemental_Information_MainElkRanch_Restoration_Letterhead Page 3 of 5 COLORADO f R COADO Colorado River Engineering P.O. Box 1301 J VER Rifle, CO 81650 (970) 625-4933 ENGINEERING 111COR POA TE D d. N/A — There is no change in the use, the work only aims to restore the channel and is therefore consistent with existing and anticipated development. Cattle fences will be installed to prevent further channel degradation from grazing activities. e. N/A — None of the proposed work will impact the ability of ordinary or emergency vehicles to access the property during times of flood. f. N/A — The proposed work will have no impact to governmental response during or after flood conditions. g. There are no changes anticipated to the height, velocity, duration, rate of rise, or wave action of the floodwaters. The sediment transport will be improved by the work being proposed by recreating a riffle/pool environment and increasing the stability of the streambanks which will reduce undercutting during high flow events. h. N/A i. N/A j. N/A 8. Floodplain Review Criteria Section 4-109 a. Minimum setback is not applicable, all work proposed is below the Ordinary High Water Line and a U.S. Army Corp of Engineers General Permit 12 has been acquired. b. N/A all work proposed is below the Ordinary High Water Line. c. N/A all work proposed is below the Ordinary High Water Line. d. U.S. Army Corps of Engineers has issued General Permit 12 for work on both the Main Elk Creek and Meadow Creek Ranches. 9. Construction Practices and Staging Areas a. Silt Barriers i. Silt barriers can be employed on this project due to the narrow channel width in locations. ii. The 8 oz. geotextile fabric is heavy material that withstands flows and traps sediment, and the welded wire cow fence provides structural support. iii. On Main Elk Creek Ranch project, one will be employed at the downstream end of Reach 1, just above the bridge. A second would be installed near the 2018-01-10 Supplemental_Information_MainElkRanch_Restoration_Letterhead Page 4 of 5 COLORADO f R COADO Colorado River Engineering P.O. Box 1301 VE Rifle, CO 81650 iF' — (970) 625-4933 ENGINEERING 111COR POA TE D downstream end of Reach 2 towards the downstream end of the hay meadows on Main Elk Creek Ranch. b. Work in the Reach i. When working in a reach, work is done for about 5-10 minutes, and then the equipment stops for work to allow sediment to dissipate (10 to 15 minutes). The length of time is dependent on sediment. This is very unproductive but effective, and the silt barriers below may obviate the need for this method. No banks or work areas are left disturbed or incomplete. ii. Heavy equipment will be decontaminated prior to entry into the stream channel. iii. Fueling of heavy equipment will be done on the Ranch property away from the stream channel. 2018-01-10 Supplemental_Information_MainElkRanch_Restoration_Letterhead Page 5 of 5 _OILDO RJVER ENGINEERING 1NC0H1'ONAT January 10, 2018 Mr. Glenn Hartmann Floodplain Administrator Building and Planning, Garfield County 108 Eighth Street, Suite 401 Glenwood Springs, Colorado 81601 Email: ghartmann@garfield-county.com RE: Floodplain Permit Request — Main Elk Creek Ranch (MECR) — Stream Restoration & Stabilization Project. Dear Mr. Hartmann: Colorado River Engineering, Inc. (CRE) has reviewed the proposed stream restoration plans prepared for Main Elk Creek Ranch as outlined in the attached Report entitled "MAIN ELK CREEK RANCH AQUATIC HABITAT IMPROVEMENT PROJECT, SPK -2017-00295, Main Elk Creek, Garfield County, Regional General Permit 12 Application, August 8, 2017". The report was prepared by Five Rivers, Inc. and Claffey Ecological Consulting Inc. as part of a permit application to the US Army Corps of Engineers. The stream improvements will occur along a 6,200 -foot reach of Main Elk Creek located approximately 6.5 miles northwest of the Town of New Castle. The improvements are located within three parcels owned by the Ranch (PIN's 2125-021-00-188, 2125-012-00-100 and 2125-024-00-002). One home and several shop buildings exist on parcel 2125-024-00-002; they are elevated above any flood hazard area. The project location is not within the Garfield County Floodplain Overlay Zone District. In other words, it is outside of a FEMA mapped "Flood Insurance Rate Map" or other past studies completed in Garfield County. However, Section 3-102.A.2.b. of the Garfield County Land Use Development Code (LUDC) identifies the need to regulate "development" in unmapped areas. Research of the definition in Section 15 of the LUDC indicates that the stream restoration project could be covered under the terminology of "development" and therefore, MECR proposes to seek a floodplain permit approval from GARCO. The project improvements outlined in the attached report will restore and stabilize the creek channel and banks. CRE has worked with Five Rivers, Inc. and Claffey Ecological Consulting, Inc on similar projects and have observed that construction techniques utilized are very effective. Past projects have shown substantial improvements to the aquatic habitat and floodplain corridor. It is our opinion that a detailed hydraulic analysis for this project is not needed or warranted because there is not any proposed development related to housing or other improvements that require the determination of base flood elevations. The project proposes to have a net removal of river materials from within the floodplain areas (See Appendix A of the attached report). This, combined with removal of berms, check structures, flattening of bank slopes, and the utilization of riffle and pools will cause a reduction in floodplain extent and elevations as they currently exist. It is our opinion that the proposed project meets the purpose of the floodplain overlay requirements as P.O. Box 1301 • Rifle, CO 81650 • Tel. 970-625-4933 COLOR °'C DO RMER ENGINEERING INCORPORATED identified in Section 3-102.A of the Garfield County LUDC. In our opinion, the project will improve the floodplain corridor through the property as well as have a net improvement to the water quality and aquatic habitat. Table 3-301 of the LUDC identifies that bank restoration and stabilization are permitted uses within the floodway and floodplain. Section 3-301 of the LUDC deals with floodplain overlay regulations. Each code identified in the Pre -Application Summary is addressed below: 3-301.A — Use Restriction 1. This section identifies that bank restoration and stabilization work is permitted in the floodway and 100 -year floodplain. 3-301.6 — General Standards 1. N/A - no new construction or substantial improvement to existing structures is being proposed. 2. N/A - no new construction or substantial improvement to existing structures is being proposed. 3. N/A - no new construction or substantial improvement to existing structures is being proposed. 3-301.D — Floodway 1. While the proposed work will result in fill material being placed in the floodway; however this fill will be placed in areas that have experienced degradation of the stream channel due to erosion from high runoff and grazing activities. The restoration work will return the channel to conditions prior to these erosion events and stabilize the stream banks. No significant changes to flood elevations will result from this work. Section 3- 301.A permits this type of work in the floodway. 2. N/A 3. N/A 3-301.E — Standards for areas of shallow floodway 3. N/A — No structures requiring drainage are being constructed. 3-301.G — Alteration of Watercourse 1. The restoration work being proposed was designed considering sediment transport, erosion, deposition and channel migration. The work aims to restore and stabilize the P.O. Box 1301 • Rifle, CO 81650 • Tel. 970-625-4933 2 COLOR °'C DO RMER ENGINEERING INCORPORATED stream channel to prevent further erosion and improve aquatic habitat by configuring pools, riffles and lateral bars at appropriate widths to maintain stability. The riffles and lateral bars are low profile; this creates a narrower channel during low flows caused by water diversions from the creek but also provides channel capacity to handle high flow events. 2. No change to the 100 -year floodplain is anticipated from this work. The work aims to restore the channel to historic conditions. 3. This area is not mapped as a FEMA floodplain. U.S. Army Corps of Engineers General Permit 12 has been issued for this work. As described above, this work will cause no changes to flood elevations. The work is confined to landowner property and will have no impact to upstream and downstream landowners. 4. Stream alterations were designed by Matt Weaver of Five Rivers, Inc who has extensive experience is this type of stream restoration work. It is our opinion that the design follows best management practices and industry standards for this type of restoration work. The design is consistent with other restoration work that CRE has been involved with. 5. This area is not mapped as a FEMA floodplain. U.S. Army Corps of Engineers General Permit 12 has been issued for this work. The proposed activities meet applicable requirements. 6. This work will restore the channel to historic conditions and will have no impact on upstream or downstream landowners as the work is confined to the applicant's property. If a slight rise were to occur from the addition of fill material, any impact would be confined to the applicant's property; no structures would be impacted. If this area is mapped in the future by FEMA, this proposed restoration work will be completed and incorporated into the future mapping. 7. The flood -carrying capacity of Main Elk Creek will not be diminished by the work being proposed under this permit application. Any required maintenance will be performed. Section 4-203(0) of the LUDC includes details for a floodplain analysis, which we are seeking an exemption from. Each point will be addressed below: 1. This point not applicable since this area has not been mapped FEMA and therefore base flood boundaries and water surface elevations, boundaries of floodways, water courses have not been mapped and no structures are being built. 2. N/A 3. N/A P.O. Box 1301 • Rifle, CO 81650 • Tel. 970-625-4933 3 COLORADO RIVER ENGINEERING INCORPORA'ri:D 4. The watercourse is not being altered or relocated. Improvements to the banks and channel are being made to improve bank stability and fish habitat. No significant changes to the watercourse are being proposed. 5. We are requesting a waiver of this requirement. The proposed work will have minimal impact on the 100 -year floodplain and only seeks to restore the channel to more historic conditions prior to erosion events and grazing activities. The work will excavate 1,261 yards of material and fill 1,210 yards of material; therefore there is a net removal of material from the channel. A net removal of material from the channel would result in a lowering, not rising of water elevations. There are no structures of adjacent properties that will be impacted by the proposed restoration work. Communications with the County review engineer, Michael Erion, indicated that a hydraulic analysis is not warranted for this type of project. The attached report shows existing and proposed cross sections that illustrate typical changes associated with riffle improvements, bank repair and pool excavation. Based on our review we believe the proposed work falls under an administrative review and on behalf of Main Elk Creek Ranch LLC request approval of the permit application If you have any questions, please do not hesitate to call me at 970-625-4933. Sincerely, '1Klit(1?(\x--) Wendy Ryan CM:cm 2018-01-10 CRE Itr to GARCD MainElk Christopher Manera, P.E P.O. Box 1301 • Rifle, CO 81650 • Tel. 970-625-4933 4 Authorization Forms LIC. Garfield County PAYMENT AGREEMENT FORM GARFIELD COUNTY ("COUNTY") and Propey Owner ("APPLICANT") NkPtl .) L ( Pre\ LN 4 L C. agree as follows: 1. The Applicant has submitted to the County an application for the following Project: ash ElV. RFW\C-# LLC. g)e1)0. F'gi?IL-bct-1. $S1S 2. The Applicant understands and agrees that Garfield County Resolution No. 2014-60, as amended, establishes a fee schedule for each type application, and the guidelines for the administration of the fee structure. 3. The Applicant and the County agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs Involved in processing the application. The Applicant agrees to make payment of the Base Fee, established for the Project, and to thereafter permit additional costs to be billed to the Applicant. The Applicant agrees to make additional payments upon notification by the County, when they are necessary, as costs are incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional County staff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, the Applicant shall pay additional billings to the County to reimburse the County for the processing of the Project. The Applicant acknowledges that all billing shall be paid prior to the final consideration by the County of any Land Use Change or Division of Land. 1 hereby agree to pay all fees related to this application: Billing Contact Person: STi: g n i\AA— i?\.% Phone: (Fla) y5 7-Dso 2r_ Billing Contact Address: 3 75-3 z De -4 V Pro .y CA ulQI- City: C\ ► n'rc v1 Taw's 141 State: AA- Zip Code: fib 3 Co Billing Contact Email: S ihpvnc-A'^ t C- 'n'v%} el • Lt. vv.\ Printed Name of Pe ; n Authorized to Sign: S'( -E -V a~ h ci (N. laf 3O/ 2 (Signature) (Date) Letter of Authorization October 30, 2017 Garfield County Community Development Department 108 Eighth Street, Suite 401 Glenwood Springs, CO 81601 Attention: Glenn Hartmann RE: Completeness Review for Flood Plain Development Permit Main Elk Creek Ranch LLC File No. FDPA-09-17-8575 Dear Mr. Hartmann, I am authorizing Claffey Ecological Consulting and Colorado River Engineering as the primary contact for the county on the above referenced permit. Please feel free to contact me at (810) 459-0502 if you have any further questions or concerns. Manager Main Elk Creek Ranch, LLC STATEMENT OF AUTHORITY (' 38-30-172, C.R.S.) 1. This Statement of Authority relates to an entity named MAIN ELK CREEK RANCH LLC. The type of entity is a: G corporation G registered limited Iiability partnership G nonprofit corporation G registered limited liability limited partnership 0 limited liability company G limited partnership association G general partnership G government or governmental subdivision or agency G Iimited partnership G 2. The entity is formed under the laws of Colorado. 3. The mailing address for the entity is: 3132 Main Elk Creep New Castle, CO 81647. 4. The names and positions of each person authorized to execute instruments acquiring, conveying, encumbering or otherwise affecting title to real property on behalf ofthe entity are: Steven M Mancini, Manager. 5. The authority of the foregoing person(s) to bind the entity is not limited. 6. Other matters concerning the manner in which the entity deals with interests in the real property is limited as provided in the Operating Agreement. Majority approval ofthe Class A Members is required to authorize disposition or encumbrance of all or substantially all of the Company's assets. 7. This Statement of Authority is executed on behalf of the entity pursuant to the provisions of ' 38-30- 172, C.R.S. Executed this 1 i day of October, 2016. MAIN ELK CREEK RANCH, LLC, a Colorado's d liability company : S en M. Mancini, Manager STATE OF MICHIGAN COUNTY OF e(14 4a "-e ) ss. ) The foregoing instrument was acknowledged before me this t 6 day of October, 2016, by StevenM. Mancini, Manager of MAIN ELK CREEK RANCH, LLC, a Colorado limited liability company. Witness my hand and official seal: My commission expires: G /if k d g Notary Pub, MARY K WALOROP NOTARY PUBLIC, STATE OF MI COUNTY OF LAPEER MY COMMISSION EXPIRERJun 11 2018 AC11NGINCOUIt1YOF /LIR/- 4.c+"$ Ownership Deeds 1111!��� 4��1��', r��«I�� w volliniigt'oif!'iF iiirVi t,1111 Reception#: 883687 10/12/2016 03:09:51 PM Jean Alberico 1 of 3 Rec Fee:$21 CO Doc FeeT253.26 GARFIELD COUNTY CO SPECIAL WARRANTY DEED TI -IIS DEED, made on October I I, 2016. between James F. Brannan of the County of Los Angeles, and State of California, grantor(s), and Main Elk Creek Ranch, LLC, a Colorado limited liability company whose legal address is : 3131 Main EIk Creek, New Castle. CO 81647 oldie County of Garfield, and State of Colorado, grantee: WITNESS, that the grantor(s), for and in consideration of the sum of ten dollars and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, have granted, bargained, sold and conveyed, and by these presents do grant, bargain, sell, convey and confirm unto the grantee, hs successors and assigns forever, all the real property, together with improvements, if any, situate, lying and being in the County of Garfield and State of Colorado described as follows: See Attached Exhibit "A" also known by street and number as: 3132 Main EIk Creek, New Castle, CO 81647 TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders. rents, issues and profits thereof, and all the estate, right, title, interest. claim and demand whatsoever of the grantor(s), either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances: TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, its successors and assigns forever. The grantor(s), for themselves, their heirs, and personal representatives, successors and assigns do covenant and agree that they shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the grantee, its successors and assigns, against all and every person or persons claiming the whole or any pari thereof, by. through or under the grantor(s). IN WITNESS WHEREOF, the grantor($) have executed this deed on the date set forth above. James F. Brannan STATE OF ) ss. COUNTY OF The foregoing instrument was acknowledged before mc on October . 2016. by James F. Brannan. WITNESS my hand and official seal Notary Pub My commission expires: Commonwealth File No. 1609095-1 Return to: Main EIk Creek Ranch, LLC 42600 R. Mancini Drive Sterling Heights, MI 48314 No. 16. Rev. 4-94. SPECIAL WARRANTY DEED '0(17' 3 ®III P UI hiNK rel '11 if Iv' ®1111 Reception#: 883687 10112!2016 03:09:51 PM Jean Rlberico 2 of 3 Rec Fee:$21.00 Doc Fee:253.26 GARFIELD COUNTY CO CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 �i'%c'...r--. ^'u=;er.,c�s + �-• : A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of On / d // a// 4 before me, y,--/9/i/n-Ir1676/ /lid 7/2 `( Oe(8 L Date Here Insert Name and Title of the Officer personally appeared (7.0H60 ,e,a,yM/N/"/) Name(,s5-of Signer who proved to me on the basis of satisfactory evidence to be the person(a whose name,(4)--is/ark subscribed to the within instrument and acknowledged to me that he/,1e/thv executed the same in his/h r,!#Ftei1.authorized capacity(105,and that by his/l thieticsignature3-on the instrument the person(4 or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. KELLY KANAMOTO Commission # 2141227 z Notary Public - Cali1ornia Los Angeles County My Comm. Expires Jan 31, 2020 Place Notary Seal Above WITNESS my hand and official seal. Signet OPTIONAL Signa re of Notary Public Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Docum9nt Title or Type of Document: Number of Pages: ocument Date: Sigrrer(s) Other Than Named ove: /J 0 Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer --- Title(s): ❑ Partner — ❑ Limited ❑ General El Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02014 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) item #5907 File No. 1609095-1 Parcel A 1111 NU IVA 1\ 11111 Reception#: 883687 10/12/2016 03:09:51 PM Jean Alberico 3 of 3 Rec Fee:$21.00 Doc Fee:253,25 GARFIELD COUNTY CO EXHIBIT "A" LOT 1, SE'/4NE'/4, SW'/4NE'/4, NW'/4SE'/4 AND THE NE'/4SW'/4, SECTION 2, TOWNSHIP 5 SOUTH, RANGE 91 WEST OF THE 6TH P.M. EXCEPTING THEREFROM that parcel conveyed to Richard Marks in Warranty Deed recorded August 14, 1997 in Book 1030 at Page 191. ALSO EXCEPTING that portion of said Lot 1 and the S%NE'/a lying and being within the boundaries of Parcel B conveyed herewith. Parcel B A tract of land situated in Sections 35 and 36, Township 4 South, Range 9I West of the 6th P.M. and in Sections 1 and 2, Township 5 South, Range 91 West of the 6th P.M., said tract being a portion of that tract described in Book 351 at Page 230 in the Office of the Garfield County Clerk and Recorder and more fully described as follows: Beginning at a point on the line between Corners No. 1 and No. 2 of H.E.S. No. 38 whence said Corner No. 1 bears South 03°30'51" East 367.74 feet said point also being on the centerline of the 30 foot access easement described in Book 709 at Page 352; thence along said centerline North 79°38'59" East 279.12 feet; thence along a curve to the right with an arc length of 99.68 feet, a radius of 506.90 feet, a central angle of 11°16'01", a chord bearing of North 85°16'59" East, a chord length of 99.52 feet; thence South 89°05'01" East 150.00 feet; thence along a curve to the right with an arc length of 49.81 feet, a radius of 71.41 feet, a central angle of 39°57'52", a chord bearing of South 69°06'05" East, a chord length of 48.81 feet to a point on the West line of that tract described in Book 725 at Page 896; thence along said boundary South 14°52'45" West 163.00 feet to the Northwest corner of that tract of land described in Book 588 at Page 830; thence along said boundary South 43°04'23" East 340.01 feet; thence South 43°03'58" East 266.64 feet; thence North 73°23'53" East 680.77 feet to Corner No. 8 of H.E.S. No. 38; thence South 88°35'02" East 64.91 feet to the W1/16 Corner of said Section 1; thence South 00°58'05" East 1342.94 feet to the NW1/16 Corner of said Section 1; thence North 89°05'10" West 1337.58 feet to the N1/16 Corner Sections I and 2; thence South 01°01'37" East 1173.19 feet; thence West 1667.76 feet to a point on the North side of the Shafto Bridge across Main Elk Creek; thence along the East bank of Main Elk Creek North 65°23'37" East 64.59 feet; thence North 64°49'31" East 87.70 feet; thence North 52°54'15" East 144.24 feet; thence North 01°01'23" East 226.32 feet; thence North 69°49'02 East 105.94 feet; thence North 79°02'39" East 111.92 feet; thence North 68°10'46" East 91.96 feet; thence North 85°39'52" East 91.77 feet; thence North 87°23'00" East 62.96 feet; thence North 66°45'00" East 61.80 feet; thence North 76023'36" East 93.55 feet; thence North 52°48'11" East 37.44 feet; thence North 36°51'27" East 117.50 feet; thence North 22°12'52" East 30.18 feet; thence North 34°18'28" East 321.67 feet; thence North 87°51'22" East 35.36 feet; thence South 64°43'43" East 26.84 feet; thence South 79°56'32" East 62.49 feet; thence North 64°16'42" East 105.50 feet; thence North 44°15'24" East 70.71 feet; thence North 21°27'24" East 87.96 feet; thence North 02°02'31" East 118.04 feet; thence North 66°27'41" East 8.29 feet; thence North 19°09'12" West 125.99 feet; thence North 16°57'53" West 129.58 feet; thence North 58°28'59" West 68.95 feet; thence North 06°02'05" West 38.25 feet; thence North 31°56'38" East 56.23 feet; thence North 47°01'44" East 126.26 feet to the North line of SE1/4NE1/4 of said Section 2; thence South 89°24'58" West 295.80 feet; thence North 24°21'14" East 187.18 feet; thence along a curve to the left with an arc length of 617.98 feet, a radius of 1270.54 feet, a central angle of 27°52'05", a chord bearing of North 10°25'11" East, a chord length of 611.90 feet; thence North 03°30'51" West 62.11 feet; thence North 03°30'51" West 367.74 feet to the POINT OF BEGINNING. 11111I ir<lrj[ ifitr ,LNLN/i 101.11E0111 C 11111 Reception#: 883688 10/12/2016 03:09:51 PM Jean Alberico 1 of 4 Rec Fee:$26.00 Doc Fee:0.00 GARFIELD COUNTY CO BARGAIN AND SALE DEED KNOW BY ALL THESE PRESENTS, That James F. Brannan ("Grantor"), whose legal address is P.0 Box 10250, Torrance, CA 90505, County of Los Angeles, State of California, for the consideration of ten dollars ($10) and other good and valuable consideration in hand paid, hereby sells and conveys to Main Elk Creek Ranch, LLC, a Colorado limited liability company ("Grantee") whose legal address is 3132 Main Elk Creek, New Castle, CO 81647, County of Garfield, State of Colorado, the following real property situate in Garfield County, State of Colorado, to wit: All of Grantor's interest in Priority 49A in Ditch No. 37A -- Clinetop Ditch. All of Grantor's interest in Priority 176 BB in Ditch No. 37A — Clinetop Ditch. All of Grantor's interest in Priority 220B in Ditch No. 37A -- Clinetop Ditch. All of Grantor's interest in and to the conditional water rights awarded to the Reed Spring, Reed Enlargement of Clinetop Ditch, Reed Pond, and the augmentation rights adjudicated in District Court, Water Division No. 5 Case No. 1996CW277. All of Grantor's interest in and to the John Roletto Ditch No. 1, allda the John Rolletto Ditch No. 1. All of Grantor's interest in and to all other water rights historically used to supply any operations, including augmentation and replacement of water supplying those operations on the property known as the Brannan Ranch, including, but not limited to surface water rights for use by direct flow or in association with or following storage and ground water rights, whether or not such water rights have been confirmed by judicial decree or permitted by the Colorado Division of Water Resources. All of Grantor's interest in and to all easements and rights-of-way for conveyance of water, including, but not limited to the easement and right-of- way for the Clinetop Ditch described and depicted in the Statement and Map recorded August 28, 1888 at Reception No.7515 and the easement and right- of-way for the Roletto Ditch described in the instrument recorded November 7, 1914 at Book 86, Page 319, Reception No. 50379. Signed this (( day of October 2016. Jame: . Brannan atftC.t rn..To = wi v` CA >G 120 42_ i10 12 . Ynane-w- 'r�v2� S{e Lt_- kA6 S rfham. s c-41314 ®III fOl'ariletrOti 11111 Reception## : 883688 10!12!2016 03:09:51 PM Jean Alberico 2 of 4 Rec Fee:$26,00 Doc Fee:C.00 GARFIELD COUNTY CO STATE OF CALIFORNIA COUNTY OP ) ss. The foregoing Bargain and Sale Deed was acknowledged before me the day of October 2016 by James F. Brannan. Witness my hand and official seal. My commission expires Aa aridt-4Lif Notary Public Return to: Main Elk Creek Ranch, LLC 3132 Main EIk Creek New Castle, CO 81647 11111110VINNIFMNIEV<�����1' ���������>���ti������ 111111 Reception#: 883688 10/1212016 63:09:51 PM Jean Alberico 3 of 4 Rec Fee:$26.00 Doc Fee:0.00 GRRFIELD COUNTY CO CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 C +at a1.9.. ' we!c.e_a .v, .weia e.9,4.90..93. .9, .9, _ems 9, _vt_w,.c.VIRe_v. _v. - v„• w c,,.w - w w._v, .a .V.c.C,a+!At.a.-.i. .v. .a .w A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of CaliUorni County of ,a97 On /OA/h �o Date personally appeared ..119-/27..119-/27 6:7S before me, ) Here insert Name and Title of the Officer 409-Ai/VA-A) Name(s)-of Signer( who proved to me on the basis of satisfactory evidence to be the person(s_whose name(}_ is/ subscribed to the within instrument and acknowledged to me that he/s)/th/ executed the same in his/h$thlk authorized capacity(ies and that by his/I theitsignature(sen the instrument the persona or the entity upon behalf of which the person(,gKacted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. KELLY KANAMOTO 1i`„ Commission # 2141227 Z a 01 Notary Public - California a t ,R9 Los Angeles County My Comm, Expires Jan 31, 2020 Place Notary Seal Above WITNESS my hand and official seal. Signature OPTIONAL l>C7 jI Si• atur of Notary Public Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Title or Type of Document: 6142/Description of Attached Document A - ® ,, n Date: nj N0 Number of Pages: c Signer(s'Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner -- ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer -- Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: •erce, •a er ei d•er •e' er ee 46, 'e' ' e/- er e/- H- 6' t'c. r•-d,'er•'e' L+ b•. p/. e -ee ± ©2014 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 File No. 1609095-1 Parcel A 1111 fir rrCMC.1/Vti r11MK' 10,:l Clit, 11 11 1 Reception#: 883688 10/12/2016 03:09:51 PM Jean Alberico 4 of 4 Rec Fee:$26.00 Doc Fee:0.00 GARFIELD COUNTY CO EXHIBIT "A" LOT 1, SE1ANE'/4, SW'ANE' , NWASE1/4 AND THE NE'/4SWA, SECTION 2, TOWNSHIP 5 SOUTH, RANGE 91 WEST OF THE 6TH P.M. EXCEPTING THEREFROM that parcel conveyed to Richard Marks in Warranty Deed recorded August 14, 1997 in Book 1030 at Page 191. ALSO EXCEPTING that portion of said Lot 1 and the S%2NE% lying and being within the boundaries of Parcel B conveyed herewith. Parcel B A tract of land situated in Sections 35 and 36, Township 4 South, Range 91 West of the 6th P.M. and in Sections 1 and 2, Township 5 South, Range 91 West of the 6th P.M., said tract being a portion of that tract described in Book 351 at Page 230 in the Office of the Garfield County Clerk and Recorder and more fully described as follows: Beginning at a point on the line between Corners No. 1 and No. 2 of H.E.S. No. 38 whence said Corner No. 1 bears South 03°30'51" East 367.74 feet said point also being on the centerline of the 30 foot access easement described in Book 709 at Page 352; thence along said centerline North 79°38'59" East 279.12 feet; thence along a curve to the right with an arc length of 99.68 feet, a radius of 506.90 feet, a central angle of 11°16'01", a chord bearing of North 85°16'59" East, a chord length of 99.52 feet; thence South 89°05'0l" East 150.00 feet; thence along a curve to the right with an arc length of 49.81 feet, a radius of 71.41 feet, a central angle of 39°57'52", a chord bearing of South 69°06'05" East, a chord length of 48.81 feet to a point on the West line of that tract described in Book 725 at Page 896; thence along said boundary South 14°52'45" West 163.00 feet to the Northwest corner of that tract of land described in Book 588 at Page 830; thence along said boundary South 43°0423" East 340.01 feet; thence South 43°03'58" East 266.64 feet; thence North 73°23'53" East 680.77 feet to Corner No. 8 of H.E.S. No. 38; thence South 88°35'02" East 64.91 feet to the W1/16 Corner of said Section 1; thence South 00°58'05" East 1342.94 feet to the NW 1116 Corner of said Section 1; thence North 89°05'10" West 1337.58 feet to the N1/16 Corner Sections 1 and 2; thence South 01°01'37" East 1173.19 feet; thence West 1667.76 feet to a point on the North side of the Shafto Bridge across Main Elk Creek; thence along the East bank of Main Elk Creek North 65°23'37" East 64.59 feet; thence North 64°49'31" East 87.70 feet; thence North 52°54'15" East 144.24 feet; thence North 01°01'23" East 226.32 feet; thence North 69°49'02 East 105.94 feet; thence North 79°02'39" East 111.92 feet; thence North 68°10'46" East 91.96 feet; thence North 85°39152" East 91.77 feet; thence North 87°23'00" East 62.96 feet; thence North 66°45'00" East 61.80 feet; thence North 76°23'36" East 93.55 feet; thence North 52°48'11" East 37.44 feet; thence North 36°51'27" East 117.50 feet; thence North 22° 12'52" East 30.18 feet; thence North 34°18'28" East 321.67 feet; thence North 87°5122" East 35.36 feet; thence South 64°43'43" East 26.84 feet; thence South 79°56'32" East 62.49 feet; thence North 64°16'42" East 105.50 feet; thence North 44'15'24" East 70.71 feet; thence North 21°27'24" East 87.96 feet; thence North 02°02'31" East 118.04 feet; thence North 66°27'41" East 8.29 feet; thence North 19°09'12" West 125.99 feet; thence North I6°57'53" West 129.58 feet; thence North 58°28'59" West 68.95 feet; thence North 06°02'05" West 38.25 feet; thence North 31°56'38" East 56.23 feet; thence North 47°01'44" East 126.26 feet to the North line of SE 1 /4NE 114 of said Section 2; thence South 89°24'58" West 295.80 feet; thence North 24°21'14" East 187.18 feet; thence along a curve to the left with an arc length of 617.98 feet, a radius of 1270.54 feet, a central angle of 27°52'05", a chord bearing of North 10°25'11" East, a chord Length of 611.90 feet; thence North 03°30'51" West 62.11 feet; thence North 03°30'51" West 367.74 feet to the POINT OF BEGINNING. I!r" 's • l• Y•^ • ;'s c>n • • •�.• ..". . " . I I ,•• �/t• r r ,. ry ,. c'�E �I +"moi Cyr • �• ���✓✓✓���j I•4 a •- h , • , • I) '��' 0.05 0.1 V st ''I `. # • � ' f Zjyi • F', '.y ���� •�+.• • ciP Downstream_Ilmit - 0.2 ' • .-el r. Vit, �• _ K ' ! .Mrt 0.3 Miles • a 'R`;� ' ,. doiI+ o• '%:41/47/ , + �• f �.• r ? •; :f ,.� * _ ` _ ' .�� % A ..y f •r+ s ' { (�' COLORADO � PO Box J�1 E � Rifle, CO Tel 970-625-4933 ENfi INRERINe , , .. a . o . R r.. 1 AAA I' •; • I, . • .4 -k 1 Upstream± limit J • ` 4 Y/ �, } .4 �� a. r r ./�, / • r+l i cam'' U • i. ,.tJ +n • �,, / , 1, •' • (,....7.14.,1,,„.,' • ti p1 'A�ylr �',''s Z All •Ll;. Legend -Mn� STREAMS . �,+�,,� +I/'••R^'�' Main ^... HIGHWAYS ORItio INTERSTATES Main Elk Ranch Restoration 1301 81650 Access Map 1. Ire •b, ti ' ,r t re. Elk Ranch Figure: 2 N1.111 4(� 7i E w ,'� s Client: Ranch �'�• ' Approved by: CM Date: 10/19/2017 Main Elk • Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-county.com 1' PRE -APPLICATION CONFERENCE SUMMARY TAX PARCEL NUMBER: 2125-024-00-002 2125-021-00-188 2125-021-00-100 2125-142-00-125 DATE: September 7, 2017 PROJECT: Main Elk Creek River Restoration and Bank Stabilization — Flood Plain Development Permit OWNERS/APPLICANT: Main Elk Ranch LLC & Meadow Creek LLC PRACTICAL LOCATION: 3132 County Road 243 and 2125 County Road 243, New Castle, CO 81647. ZONING: Rural (R) TYPE OF APPLICATION: Flood Plain Development Permit I. GENERAL PROJECT DESCRIPTION The Applicants are proposing extensive river restoration, bank stabilization, and habitat improvements on approximately 2.5 miles (Meadow Creek Application) and approximately 1 mile (Main Elk Ranch Application) of Main Elk Creek as it crosses through the respective properties. The Applicant has initiated extensive research on flood plain issues, wetlands and Army Corp of Engineers requirements and permitting. The applicant will be requesting a waiver from requirements for flood plain modeling on this section of the stream as it is currently not mapped by FEMA. II. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS Garfield County Land Use and Development Code, as amended (LUDC) including the following Sections: 1 • Section 3-301 — Floodplain Overlay Regulations including but not limited to Section 3- 301(B)(1,2,3), 3-301(D), 3-301(E)(3), and 3-301(G). • Section 4-109 — Development in the 100 Year Floodplain, including review criteria. • Table 4-102 — Common Review Procedures and Required Notice • Table 4-201 — Submittal Requirements • Section 4-203 — Submittal Requirements as appropriate • Section 4-203 (0) — Flood Plain Analysis III. REVIEW PROCESS The Floodplain Development permit will be processed pursuant to Section 4-103, Administrative Review Process and consistent with Table 4-102 Common Review procedures for Floodplain Development, summarized as follows: A. Pre -application Conference (completed) B. Application Submittal C. Determination of Completeness D. Schedule the Director's Decision Date E. Application sent to referral agencies F. Public Notice for the Director's Decision completed. Includes mailing to adjacent property owners within 200 ft. and mineral rights owners no the applicant's property. G. Evaluation by Director/Staff resulting in a Staff Report H. Director's Decision I. 10 day call up period, after which the Director's Decision become final unless the decision is called up the BOCC for their review J. Once all conditions of approval have been satisfied the Flood Plain Development Permit can be issued. IV. PUBLIC HEARINGS AND NOTICE Public Hearing notices shall be posted, mailed and published pursuant to Section 4-101.E. X No Public Hearing (Director's Decision with mailed notice only) Planning Commission Board of County Commissioners Board of Adjustment Referral agencies may include but are not limited to: Garfield County Consulting Engineer, Garfield County Attorney, FEMA, Army Corp of Engineers. V. SUBMITTAL REQUIREMENTS A. General Application Materials including • Application Form including signatures • Proof of ownership (deed and/or title information) 2 • Authorization to represent as appropriate • Statements of authority are needed for an LLC or Corporation • List of owners of property within 200 ft. with addresses • List of owners of mineral rights on the subject property • Payment of fees • Agreement to Pay Form • Project Description — narrative B. Vicinity Map — formatted on 8 1/2 x 11 size for use with public notice C. Site Plan — to applicable scale, including all proposed improvements and significant existing features such as culverts, bridges and bridge abutments. D. Floodplain Analysis — meeting the requirements of the Land Use and Development Code including Section 3-301 and 4-203 (0). The Flood Plain Analysis needs to be completed by a qualified licensed professional engineer and needs to include the engineer's stamp. Some elements may not be applicable based on the lack of flood plain mapping for the area. An explanation — justification in those cases needs to be provided. E. The Application and Analysis will need to include details and plans for the proposed improvements. F. The Analysis will need to address mitigation for improvements and the lack of any impacts from the proposed improvements (i.e. no impact on flooding potential — Zero Rise) G. The Analysis will need to include information on construction practices including staging areas, stock piling areas, protection of water quality from sediment or erosion potential, equipment to be used, and detailed revegetation plans. H. The submittals need to address compliance with the Review Criteria contained in Section 4-109 as applicable. I. The submittals need to include all other existing reports, studies, and permits including but not limited to any past review by the Army Corp of Engineers and wetlands analyses. J. The submittals need to generally address compliance with Section 7-203 Protection of Water Bodies and the exceptions contained therein for certain types of uses An additional pre -application meeting or phone conference with staff is an available option as you prepare your application. That follow-up could also include the County's Consulting Engineer. The Application submittal needs to include 3 hard copies of the entire Application and 1 Digital PDF Copy of the entire Application (on a CD or USB Stick). Both the paper and digital copies should be split into individual sections and properly labelled. Please refer to this pre - application summary for submittal requirements that are appropriate for your Application. 3 VI. APPLICATION REVIEW FEES This application will be subject to the following fees and deposit requirements: Planning Review Fees: Referral Agency Fees: Total Deposit: $ 400 (Additional Staff time charged at hourly rate of $40.50) $ tbd (Review fees associated with consulting engineer review) $ 400 (additional fees to be determined by hourly rates) 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 it meets standards of review. Case planner makes a recommendation of approval, approval with conditions, or denial to the appropriate hearing body which in this case is the Director of the Community Development Department. 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. The summary is valid for a period of 6 months after which an update to the summary needs to be requested. Application Submittal — Public Information The Applicant is advised that the Application submittal once accepted by the County becomes public information and will be available (including electronically) for review by the public. Proprietary information can be redacted from documents prior to submittal. Pre -application Summary Prepared by: 61/rii Glenn Hartmann, Senior Planner, CFM Date 4 Approximately 2 months if submittal is complete 411 Garfield County Development in the 100 -Year Floodplain Review Process (Section 4-109), Step 1: Pre -application Conference • Applicant has 6 months to submit application Step 2: Application Submittal Step 3: Completeness Review • 20 business days to review • If incomplete, 60 days to remedy deficiencies Step 4: Schedule Decision Date and Provide Notice *Mailed to adjacent property owners within 200 feet and mineral owners at least 30 days but no more than 60 days prior to decision date Step 5: Referral •21 day comment period Step 6: Evalution by Director (or Floodplain Administrator) Step 7: Director's Decision •CaII-up Period - within 10 days of Director's Decision *Applicant has 1 year to meet any conditions of approval Note: The notice requirement in Step 4 has been changed to 15 days pursuant to Section 4-103 of the LUDC.