HomeMy WebLinkAbout1.0 ApplicationGarfield County
Community Development Department
108 8th Street, Suite 401
Glenwood Springs, CO 81601
(970) 945-8212
www.earfield-county.com
TY OF APPLICATION
Administrative Review
O Limited Impact Review
❑ Major Impact Review
LAND USE CHANGE PERMIT
APPLICATION FORM
O Development in 100 -Year Floodplain
O Development in 100 -Year Floodplain Variance
❑ Code Text Amendment
O Amendments to an Approved LUCP
❑ LIR ❑MIR ❑ SUP
O Minor Temporary Housing Facility
❑ Vacation of a County Road/Public ROW
❑ Location and Extent Review
❑ Comprehensive Plan Amendment
❑ Rezoning
0 Zone District❑ PUD 0 PUD Amendment
❑ Administrative Interpretation
❑ Appeal of Administrative Interpretation
❑ Areas and Activities of State Interest
❑ Accommodation Pursuant to Fair Housing Act
❑ Pipeline Development
O Time Extension (also check type of original application)
O Variance
INVOLVED PARTIES
Owner/Applicant
Name:CR.']lAL RA ;U{ CORP, LLC. MADAM I141"600D, Phone: (�I� ) Iq - 3295
Mailing Address: I FRIDAY LA A1C
City: CH APR. (- l LL
E-mail: b1ulk0UD ( ('IE.tom
State: WC. Zip Code: L 5 W -
Representative (Authorization Required)
Name: NIDIiA5 Jr• 5Out1c,1A
Mailing Address: P® &))c 1+11
City:
+11 -
City: bASALr
E-mail: gM SS, 1-1-C- 6 &I1 A it
Phone: 03 D } 67145-1-0(1
State: CO Zip Code: ' i b 2 1
PROJECT NAME AND LOCATION
Project Name:
Re -1111k,- 6030ML uGe /ROCKLi I fouiYi40J 5't )jC ¶1JPPL/ XIJC. 5%n,E YARD
Assessor's Parcel Number: 3 - t ' (g `i -1 - 0
Physical/Street Address: Cwiu � SAD 1Q3 CAkbo3J!ALe I Co ?Rol')
Legal Description:
Zone District: Property Size (acres):
PROJECT DESCRIPTIO
Existing Use: ALL Coisra_ KTOIZ,5 § Cola CR TE '41tH T
Proposed Use (From Use Table 3-403): RFirh LL/to iNLU 91 OE - �, ` A [ l , 6 C '\ L
Description of Project: L»tU l'LAAt 57DiJ SUPPL1 1'1�,5[]1�R+� tot ticr5 54PtLy
Wu) DE41,41/416- (r IrJ (AiRoLe E IZeroiL SALES.
REQUEST FOR WAIVERS
Submission Requirements
EI The Applicant requesting a Waiver of Submission Requirements per Section 4-202. List:
Section:4-Jt3(C) &!&kbiti& 4ktldAbE dna Section: H-1o3(K) IMPRI]iialaTS A6REEMOt
Section: 4-(0-5 (3) I l)t:W)0t4CU T fll ktrtLkit Section: 4-105A W \1 R 5UPA. fDI5A1tiiotJ tMt
4-lo3[ 0] D ASTEW,(102. tMi&/114.111 IVO
Waiver of Standards
0 The Applicant is requesting a Waiver of Standards per Section 4-118. List:
Section: Section:
Section: Section:
I have read the statements above and have provided the required attached information which is
correct and accurate to the best of my knowledge.
( /I ,cry
Signature of Pro erty Owne Date
OFFICIAL USE ONLY
File Number: - Fee Paid: $
4-203.B #7 - Project Narrative
Rocky Mountain Stone Supply Inc. (RMSS) is a five (5) year established supplier of natural stone
products and masonry supplies in the Roaring Fork Valley. Because of scheduled development
around March 2019 of the property they are currently leasing (401 Tree Farm Drive, EI Jebel,
CO), a relocation is required,
After approximately six (6) months of researching a new location, they are proposing to locate
their business on the 87 County Road 103, Carbondale property. This seems an ideal location
with a small contractor's yard already located on the property through a similar "change in use"
permit process for this "rural zoned" section of land. This location offers easy access from
Highway 82, which conveniently has lanes for both acceleration and deceleration.
The small contractor's yard will be surface located on approximately 1.25 acres and will consist
of an inventory of pallets of stacked stone for a variety of uses, i.e. wall veneer, patio/deck
stone, flooring, driveway/courtyard pavers, landscape boulders, beams & ground cover, CMU
(concrete masonry unit aka concrete block) and miscellaneous masonry supplies.
Additionally, there will be an area for displaying a limited amount of product in "mock-up"
portable wall displays. They will have a small office on location (approx. 8' X 32') as well as a
small four -seasons Gazebo (14' X 161 for literature distribution and potentially used as a
meeting or conference center for customers.
Their customer base consists of masons, general contractors, landscapers, and the occasional
D -I -Y homeowner. Additional visits may consist of customer's clientele along with architects &
designers,
Their products are typically delivered to the yard via semi -tractor & trailer. In the busier
Summer months (May -October), there will bean average of one (1) delivery per day into the
yard. In the months of November through April, product deliveries may average one (1) in a
three (3) week period.
They offer delivery of materials on a 24' bed truck which carries a "donkey" forklift for
unloading at jobsites. At most, these deliveries/trips seldom are greater than three (3) per day,
due to time constraints with delivering up -valley.
This will be an "unmanned" facility with business hours Monday through Friday, 8:00 a.rn. to
4:00 p.m. mid-December through mid-April, and 7:00 a.m. to 5:00 p.m, the remainder of the
year. On occasion, to accommodate truckers' schedules, product deliveries to the yard may
require unloading on Saturday, but this is rare.
Entry to this property from County Road 103 is via a private asphalted "boulevard", ingress &
egress lanes approximately 16' in width, separated by a median. Access to the yard will be off
this asphalt private driveway approximately 200' from County Road 103,
It is the hope that RMSS can relocate to this property in mid-February, as they have received an
extension to their existing land lease which expired December 31, 2018,
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Revegetation Seed Mix
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Seed Variety
Crested Wheatgrass (Agropyron cristatum)
Pubescent Wheatgrass 'Luna' (Agropyron trichophorunt 'Luna')
Beardless Bluebunch Vitieatgrase (Agropyron inerme)
Slender Wheatgrass (Agropyron trachycaulum)
Indian procgrass 'Nespar' (Oryzopsis hyrnenoides 'Nespar")
Smooth B-rie 'Mancha? (tirornus triermis Alanchar')
Mtn. Brame (Brornus merginatus)
Th.g Bluegrass 'Sherman' (Po a ample 'Sherman')
Clcer Milkveteh (Astragalus cicer)
Wildflowers
Blue F102( (Linum Lewisii)
Rocky Mtn. Pensternon (Penstemon strictus)
Yarrow (Archillea millefolium)
Mountain Lupine (Lupinus alpestris)
# Lbs. Pure Live Seed
3.0
5.0
9.0
5.0
2.0
4.0
4.0
2.0
2.0
1.0
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.5
.5
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32.5
Lbs Pis/Acres
Seed mix will be modified to accommodate restoration to arable condition of property lying below 6220 contour.
NOTES:
7
7
7
PLANTS
7
PINON PINE
Pinus edulus
ROCKY MOUNTAIN JUNIPER
Juniperus scopulorum
COTTONWOOD
Populus angustifolio
• SAGE
Artemisia tridentota
SERVICEBERRY
Arnelanchier olnifolia
GAMBLE OAK
Quercus gambeli
QUANTITY
144 TOTAL
63
21
60
250 TOTAL
34
174
42
86
158
225
1962
MINATIVE SEED MIX AREA=36.1 ACRES
PASTURE SEED MIX AREA=2.94 ACRES
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40$1<. ADDTIONAL DISTURBED AREA TO BE SEEDED=2.4 ACRES
(TO BE VERIFIED IN HELD)
6'
5 gal
1 gat
6'
5 gal
1 gal
1- l4"
1 gat
1 gal
TUBUNGS
1) Ali disturbed areas must be covered with a minimum of 6" of salvage subsoil overburden
material. Upon completion of the overburden placement, a minimum of 6" of topsoil must
be placed over all exposed overburden,
2) The existing Holy Cross power line will be restored to approximately the original position
along the Westerly edge of the pit Noor.
3) The detention pond size will be a minimum of 10,000 CY according to the needs of
Lafarge's mining operations with a maximum size of 75,000 CY and a maximum depth of
20 feet with side slopes no greater than 3 to 1
4) A swate/berm combination is to be installed along the Northern edge of the lease area
in order to redirect any runoff from the Northern ranch area away from the reclaimed pit
walls and into the existing irrigation ditch Northwest of the lease area. The swale shall be
a minimum size per the A -A section. If a berm is placed it shall be a minimum of 4' in
height with iz 3 to 1 side slope.
5) The existing lift pump will be re-established in the new detention pond to pump excess
waters over the pit wail onto the adjoining ranch property.
6) Lafarge is responsible for a drip irrigation system to water the trees and shrubs to be
installed per the landscaping plan. Lafarge may add, at their discretion, additional irrigation
systems to old the native seed areas.
7) Lafarge is responsible for verifying thot the 4" and 10" waterline along the easterly edge
of the pit floor is in working condition and accessible for connection to an irrigation
system.
8) Lafarge is responsible for operation and maintenance of the irrigation system for the
two year warrantee period.
100
GRAPHIC SCALE
so 00 200
100
(111 FEET)
1 inch = 4.08- ft.
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DESIGNED BY
CHECKED BY
S OPRIS ENGINEERING, LLC.
'CIVIL CONSULTANTS
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DATE: 07-17-13
JOB NO. 12138.02
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87 Co Rd 103
Vicinity Map
4-1423, e
Rocky Mountain Stone Supply Inc. — Land Use Change Permit Application
Article 7: Standards
Division 1. General Approval Standards
7-104. Source of Water
Drinking & sanitation water will provided through a Bottled Water Dispenser in
the office.
7-105 Central Water Distribution and Wastewater Systems
Waste/wastewater is addressed by an on site Portable Bathroom serviced bi-
weekly by Mountain Recycling.
7-106. Public Utilities
Electric Power is to be supplied through use of building mounted solar panels
with a backup generator.
Telephone service is provided by Verizon & Sprint via cell phones.
Therefore, no Utility Easements are required given to a Utility Company.
7-107. Access and Roadways
A private driveway off County Road 103 was designed and built in 2011 and will
provide access to the property. This driveway is of a "boulevard" type with an
ingress and egress lane, each at 16' in width separated by a median. Direct
access to the stone yard will be from the end of this private drive, approximately
200 feet from County Road 103.
Delivery trucks and visitors will have an area within the 1.25 acres to turn around
to safely exit the business.
7-108. Use of Land Subject to Natural Hazards
This property went through a reclamation process in 2013 as per the enclosed
Reclamation Plan -Landscaping by Sopris Engineering, LLC, which eliminates or
mitigates any potential effects of hazardous site conditions.
Division 2: General Resource Protection Standards.
7-201. Agricultural Lands.
This lay -down yard will not affect any current categories in this Standard. as no
further changes or disturbances to the surface will occur.
7-202. Wildlife Habitat Areas.
The existing wildlife mitigation fencing around this property will remain
unchanged.
7-203. Protection of Waterbodies.
The Reclamation Pian -Landscaping previously mentioned, and enclosed, will
remain unchanged and not be affected.
7-204. Drainage and Erosion.
As a lay -down yard, no grading will take place to affect, alter, or change the
existing drainage and erosion mitigation as per the Reclamation Plan -
Landscaping enclosed.
7-205. Environmental Quality,
This project will not perform any activities that might affect Air or Water Quality.
7-206. Wildfire Hazards
No activities will take place to potentially cause or affect potentia! wildfires and
structure roof materials are of a noncombustible material.
7-207. Natural and Geologic Hazards
With the comprehensive Reclamation Plan in 2013 and because this is a lay -
down yard of natural stone products, no further developing or changing of
terrain wilt take place to alter the existing.
7-208. Reclamation
No area will be disturbed to change, alter, or affect the 2013 Reclamation Plan.
Division 3. Site Planning and Development Standards
7-301. Compatible Design
This lay -down yard will be very similar in nature to that of the contractor storage
yard already located on the property and will be organized in detail by rows of
palletized stone. Operational Characteristics and Buffering are addressed in the
Impact Analysis report. No materials will be used to detract from adjacent
existing building or uses.
7-302. Off -Street Parking and Loading Standards.
The Site Plan addresses parking and loading/unloading through areas/zones
shown on the Plan and meets minimum requirements
7-303. Landscaping Standards.
No changes or alterations will be made to the existing landscaping, as per the
Reclamation Plan -Landscaping enclosed.
7-304. Lighting Standards.
Minimal exterior lighting is provided and is for night security only.
7-305. Snow Storage Standards.
This requirement is met through the storage area as shown on the Site Plan.
7.306. Trail and Walkway Standards.
No trails or designated walkways will be used in this project.
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January 8, 2019
401 Tree Farre Drive
Carbondale CO 81623
PO Boy tat= Hasa C❑ #11521
T.. Sowed X57.11 616-707
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Garfield County
Community Development Department
108 8th Street, Suite 401
Glenwood Springs, CO 81601
Re: Land Use Change Permit Application
Project: Rocky Mountain Stone Supply Small Contractor's Yard
To Whom It May Concern:
Relative to Table 4-201/Section 4-203: Application Submittal Requirements, I would like to
request a Waive r on the following requirements, with an explanation for the request:
4-203.E: Grading and Drainage Plan:
No grading or disturbance of ground/soil will occur, which will not alter, change or
affect the current drainage of the property. We are meeting the "7-305 Snow Storage
Standards" by providing an area within the Site Plan designated "Sold Holding Area
{Summer}/Snow Storage (Winter)", which equates to approximately 1,536 square feet,
or 2.9% of the proposed area, and therefore request a Waiver of this requirement.
4-203°1: Development Agreement:
Because this business is strictly "a lay -down yard", we have no need or intentions of any
actual development on the property and do not require any vested rights for further
development. There will he no grading or disturbance of ground/soil with the
relocation, and therefore, request a Waiver of this requirement.
4-203.K: Improvements Agreement:
Again, as a "lay -down yard" business, no public improvements are necessary or needed
in relocating to this property. No new structures will be constructed/built on the
property, and therefore, request a Waiver of this requirement.
4-203.M: Water Supply/Distribution Plan:
There will be no need for water supply, other than for drinking purposes, which is met
through a bottled water dispenser within the office. Also, this will be an unmanned
facility with hours Monday through Friday of 7:00 a.m. to 5:00 p.m. in the Summer
months (mid-April to mid-November), and 8:00 a.m. to 4:00 p.m. during Winter months.
Therefore, a Waiver of this requirement is requested.
4-203.N: Wastewater Treatment Plan:
As an unmanned facility, our wastewater requirements are met through use of a single
portable bathroom (port -o -potty) on site, provided and serviced bi-weekly by Mountain
Waste & Recycling of Carbondale (Acct.# 006756), a Waiver of this requirement is
requested,
appreciate your consideration in Waiving the above requirements from my application.
Thank you.
(51f-TY1-6...43
Thomas J. Sowieja
President/Owner
!'TONE SUrPLYmc
PO Box 1412 - Basalt, CO 81621
February 4, 2019
Water Supply & Wastewater Management Plan
1. The "unmanned" designation is apparently a misunderstanding from the initial
planner meeting, as she referenced the project as such. The project will be manned
Monday through Friday by 1 to 3 employees during the hours of 8:OOa-4:OOp December
through March and 7:OOa-5:OOp April through November.
Customer visits will vary, based on the activity spreadsheet provided with roughly this
number of visits and duration of visit:
Customers: December through March, 1-3/day, duration 15-30 mins.
Customers: April through November, 3-8/day, duration 15-30 mins.
Vendor deliveries: 1-3/week, duration 30 mins.-1 hour.
A Handicap portable restroom will be available on site for customer use and a restroom
within the office for employee use. Both the portable restroom and office restrooms
are temporary wastewater storage that will be serviced every two (2) weeks by a local
waste disposal service, currently Mountain Waste & Recycling.
Within the office is a bottled water dispenser with room temperature and cooled
water spouts.
Legal Issues:
2. The Landowner is working to provide a copy.
3. The Landowner is working to provide a copy.
4. A new Statement of Authority is being presented.
(I'm awaiting word from the Ranch Manager as to whether she or I will record the
updated Statement with the Clerk & Recorder's office.)
Site Plan:
5. A new Site Plan to scale is submitted.
Grading and Drainage:
6. I question this requirement when no grading will be done during the project to effect
current drainage previously approved through a prior application.
Traffic and Access:
7. A Traffic Study by Sopris Engineering on 12/23/2014 is being submitted, which was
performed as part of the Contractor Yard application for this property. That study
along with my traffic study spreadsheet provided, should provide an updated idea on
the amount of traffic anticipated.
8. The access road was described in the Project Narrative but did not specifically detail
which Design Standard it met. The current design appears to fall within/meet "Rural
Access" standard, based on all the requirements for this standard. Again, a prior
Traffic Study along with the traffic study spreadsheet, clearly shows the access road
is sufficient to accommodate anticipated traffic.
Article 7 Standards:
9. 7-101,102,103 Because this property is zoned Rural and is part of a 2030
Comprehensive Plan Amendment — Rural Employment Center dated June 30,
2011 and updated August 10, 2011, meeting these Standards was part of that
Plan.
Landscape Plan:
10. Because within the "Submittal Requirements" I received from Claire Dalby,
Planner in the Pre -Application Conference Summary, this specific
requirement wasn't listed, it was felt it did not need be addressed.
To address it: The project property went through a comprehensive
Landscape -Reclamation Plan on 7-17-13 and that landscaping will not be
altered or affected by this project.
Application:
11. A new application as Retail -General is being submitted.
Other Uses:
12. The "additional information" on the other uses requirement is unclear. The
other uses clearly went through a permitting process which described in
detail what the project entailed, so what other information is needed?
A letter from the Ranch Manager, Barbara Hapgood, is being submitted which
states the gravel pit is 'no longer active and appropriately decommissioned.
Respectfully,
Thomas J. (TJ) Sowieja
Owner/President
March 6, 2019
401 Tree Farm Arive
Carbondale, CO 81623
PD fi¢Y 141; - 6R•art CO$'b I
Garfield County Community Development Department
Patrick Wailer, Senior Planner
108 Eighth Street, Suite 401
Glenwood Springs, CO 81601
Re: Use Change Waiver — Power's Pit
Mr. Waller,
With this letter, 1 am requesting a Waiver on the Water Supply & Wastewater Management
Plan for the following reasons, and hope for a compromise:
Wastewater:
1- I have previously indicated wastewater would be addressed by providing a portable
handicap bathroom on the premises, which is how we currently handle wastewater
management, with a biweekly professional disposal service provided by Mountain
Waste & Recycling. I would like to continue with that service and frequency.
2 — Although the business would be manned five (5) days/week by two (2) full time
employees, and possibly a seasonal/part-time employee in the Summer months, we
have found the current method and service to be more than adequate, such that we
have at tunes, had the facility serviced only once per month. Seldom, and more often
never, does our customer base use our facilities because of very short visits and time
constraints on their part, so it's mainly employees.
3 — { realize the concern in managing wastewater and a portable bathroom would seem
to be the most logical option, as compared to a septic system built on property I do not
own.
4 — I should share that this location is meant to be "temporary", in that, I've committed
to no more than three (3) years at this location, while a more permanent and potentially
business owned property is ideally sought. Because it will be temporary, might this
scenario be likened to a construction site that requires upwards of three (3) years to
to complete? Are those types of construction sites required to have a septic system
constructed to accommodate workers, many more than my business employs?
Water Supply:
1-1 have previously indicated that potable water would be provided through means of
a 5 -gallon water dispenser in the office.
2 — The proposed location on the property for my stone yard does not have access to
any water, so my options are quite limited, and therefore must be through storage
means.
if I owned the property and it were a permanent location for the yard, then by all means, I
would have no qualms about these concerns and acting as instructed. With this being a
temporary location and a move to accommodate planned development due to begin in my
current location, I'm quite limited with options. f've indicated several times that my lease
officially expired December 31, 2018, so I'm on "borrowed time" now.
Industrial zoned land along the Highway 82 corridor for ease of access, yet within the "up -
valley" portion of Garfield County and access to at least one (1) acre is pretty much non-
existent to lease, which I've learned over the past seven (7) months of research.
With that, I truly hope you can come to understand my situation and realize that I'm more than
willing to try and work out a compromise that won't go against the landowner's limitations on
the property yet meet the needs to environmentally handle wastewater and provide a water
supply.
Respectfully,
i
Sowieja
President/Owner
March 6, 2019
TJSowieja
Rocky Mountain Stone Supply
ti. rockvmountain{)a,gmail.com
Re: Engineering Letter to Support Garfield County Land Use Change Application -Stone Yard at Powers Pit
SE Job #19043.01
Mr. Sowieja,
This letter has been prepared at your request to address a few items which are required by Garfield County to support your recently
submitted Land Use Change Application to allow for your stone supply yard to temporarily reside at the north east corner of what was
formally known as the Powers Pit, located at the corner of County Road 103 and State Highway 82 in Garfield County, Colorado. It is
our understanding, that you have a 3 -year commitment to have your site located at the Powers Pit, during which time you will be
actively searching for property to purchase to provide a permanent location for your stone yard.
Based upon our coordination with you, as well as Patrick Waller at Garfield County it is our understanding that we are to provide
information to address the following items to support your application: Grading and Drainage/Stormwater, Water and Wastewater,
Traffic and Access. Our recommendations and findings are outlined below:
Grading and DrainagelStormwater
We have reviewed the site plan you provided us with along with the grading and drainage plan and drainage study we prepared for
the Powers Pit Concrete Batch Plant Com Plan Amendment dated June 24, 2011 and our in-house existing conditions information.
The location of your proposed site is at the northeast corner of the pit floor, which is essentially the high point of the floor. In this area
the slopes range from 2%-4%, sloping from the northeast to southwest. It is our understanding that your site will be a lay down yard
with a job trailer and some parking for customers and some of your equipment. No grading will be necessary to accommodate your
proposed temporary use, and as is, the grading is functioning per design routing drainage south and west to the existing detention
pond located on the west end of the site. Per our 2011 Drainage Study, due to the existing terrain, water cannot physically leave the
site, therefore, the detention pond was sized to detain the entire 100 -year storm with the assumption that the entire floor exclusive of
the drainage swales and detention pond will be impervious, as we did not have a development plan at the time we prepared our
calculations.
With that, it is therefore our opinion that with no proposed grading at your site, there will be no adverse impacts to the overall site
drainage and the proposed development is in compliance with the Drainage Study for Powers Pit Concrete Batch Plant Com Plan
Amendment,
Water and Wastewater
Currently the Powers Pit does not have either existing domestic water or sanitary sewer systems. In the temporary position, it is not
financially feasible to install permanent water and wastewater facilities. Therefore, it is our understanding that you will be requesting
a variance to this requirement and will be providing a maintained handicap accessible port -a -potty and an indoor potable water tank
to provide drinking water to facilitate the maximum of 3 -employees in the summertime months and occasional client. Based upon our
experience, it is our opinion that with a maximum of 3 -employees and the occasional client, you will utilize less than 5 -gallons per day
of potable water. At the end of the temporary 3 -year period, if you have decided to make this site your long term location, we will
reevaluate your water/wastewater needs most likely recommending an alternate long term water supply along with an onsite
wastewater treatment system.
It is therefore our opinion that requesting a variance to utilize temporary water and wastewater facilities for the short term is in
alignment with what is currently in place at other sites in the pit floor and poses no negative impacts to the current or future
development of the site.
502 Main Street • Suite A3 • Carbondale, CO 81623 • (970) 704-0311 • Fax (970) 704-0313
SOPRIS ENGINEEH INC • LIC
civil consultants
Page 2
Traffic
We have reviewed the past traffic studies prepared for this project site, as well as the traffic analysis we prepared to support the
Contractor's Storage Yard in 2014. We also reviewed the historical information you provided us with related to average number of
customers/day, number of employees and how many times they enter and leave the site, and average number of deliveries each day
to compare to the analysis within this report. Per standard engineering practice, we utilized the Institute of Transportation Engineers
(ITE) Trip Generation Manual to calculate both average trips per day and peak am/pm trips. There are several uses outlined in the
ITE and the one which we felt most closely aligned with your proposed use is light industrial. We calculated the trips estimated to be
generated by your project site, and added to what was projected to be generated by both the batch plant and the contractor's storage
yard in the tables below:
POWERS PIT STONE YARD TRAFFIC IMPACT ANALYISIS-LAND USE CHANGE
SMALL
CONTRACTOR'S YARD
AREA
85% OF
LEASABLE AREA
AVT /ACRES ON A
WEEKDAY*
AVT /ACRES ON A WEEK
DAY (AM PEAK)*
AVT /ACRES ON A WEEK DAY
WEEKDAY (PM PEAK)*
TOTAL LEASABLE
AREA (ACRES)
1.000
0.850
44
7
7
NOTES: *AVERAGE RATE WAS USED TO CALCULATE TRIPS FROM THE 9TH EDITION OF THE ITE -GENERAL LIGHT INDUSTURIAL
MAXIMUM CALCULATED TRIPS GENERATED BY STONE YARD TO BE ADDED TO BATCH PLANT TRIP
GEN ERATION+S MALL CONTRACTORS YARD AND COMPARED TO RURAL EMPLOYMENT CENTER TRIP
GENERATION BELOW
POWERS PIT SMALL CONTRACTOR'S YARD TRAFFIC IMPACT ANALYISIS (INCLUDED AS PART OF PREVIOUS LAND USE CHANGE)
SMALL
CONTRACTOR'S YARD
AREA
90% OF
LEASABLE AREA
AVT/10005Q FEET NET
RENTABLE AREA ON A
WEEKDAY*
AVT/1000SQFEET NET
RENTABLE AREA ON A
WEEKDAY (AM PEAK)*
AVT/10005Q FEET NET
RENTABLE AREA ON A
WEEKDAY (PM PEAK)*
TOTAL LEASABLE
AREA(SF)
217800
196,020
323
35
43
BATCH PLANT PER MAY 3,20I1 MEMO FROM TURN KEY CONSULTING, LLC
RANGE OF PEAK
HOUR TRIPS
ITE LAND USE CODE
PEAK -HOUR PERIOD
TOTAL PEAK HOUR TRIP
ENDS
VPH
PEAK PERIOD
IN
OUT
TOTAL
CONTRACTORS YARD
TOTAL
STONEYARDTOTAL
BATCH
PLANT+CONTRACTORS
YARD+ST0NEYARO
AM
33
12
45
35
7
87
PM
10
33
43
43
7
94
RURAL EMPLOYMENT CENTER -RANGE OF PROJECT TRIP GENERATION SUMMARY PER 'TRAFFIC
ASSESSMENT FOR POWERS RURAL EMPLOYMENT CENTER", PREPARED BY TURNKEY CONSLUTI NG, LLC
DATED MAY 3, 2011
RANGE OF PEAK
HOUR TRIPS
ITE LAND USE CODE
PEAK -HOUR PERIOD
TOTAL PEAK HOUR TRIP
ENDS
LOWEST
INDUSTRIAL PARK (LUC 130)
AM
165
P M
170
HIGHEST
PARK & RIDE LOT W/BUS
SERVICE (LUC090)
AM
939
PM
843
COMPARE TO RURAL EMPLOYMENTCENTER RANGE OF
> 87
>94
>R7
>94
PROJECT TRIP GENERATION SUMMARY BELOW
*As is noted above, we also utilized the historical traffic information your provided us with. Based upon that information, your site is
estimate to generate approximately 28 average daily trips, which is less than what is estimated to be generated by the light industrial
use outlined in the table above at 44 trips per day. We therefore feel that our estimate is conservative and appropriate.
The Colorado Department of Transportation (CDOT) access permit allows for a total of 190 peak hour trips. The addition of 7 peak
hour trips estimated to be generated by your project to what currently exists equates to 87 AM peak trips and 94 PM peak hour trips
which is significantly Tess that what is permitted and is significantly less than what was projected with the buildout of the entire project
and therefore, development of a 1 -acre portion of the project into a stone yard is in compliance with both the County driveway and
CDOT access permits, no further permitting is necessary.
502 Main Street • Suite A3 • Carbondale, CO 81623 • (970) 704-0311 • Fax (970) 704-0313
SOPRIS ENGINEERING • LLC
civil consultants
Page 2
Access
The stone yard will utilize the improved entrance which was constructed as part of the Powers Plant Comp Plan Amendment. The
access was designed and constructed for build out of the entire project in compliance with the recommendations within the various
traffic studies, requirements of the fire department, the Garfield County Land Use Development Code Section 7-107 (included below)
and to accommodate a WB -50. The entire access width is 48 -feet which includes two 16 -foot asphalt drive lanes with 4 -foot gravel
shoulders on each side. The drive lanes are separated by an 8 -foot wide raised median. The access meets and/or exceeds all of the
requirements outlined in the table below for a secondary and/or rural access which this access is classified as:
Therefore no further improvements or variance requests are necessary related to the site access.
Conclusion
Based upon our review of the information you provided us regarding your proposed temporary use at the project site, it is our opinion
that the proposed use is well fit and appropriate for the project site, that the requested variances are appropriate and that there will be
no adverse impacts to the project site associated with your project.
Please feel free to contact me if you have any questions or need any additional information regarding this application.
Regards,
Yayf y Nichol, PE
Principal
502 Main Street • Suite A3 • Carbondale, CO 81623 • (970) 704-0311 • Fax (970) 704-0313
SOPRIS ENGINEERING • LLC
civil consultants
Table 7
107: Roadway Standards
Design Standards
Major
Calteor
d
2501+
Minor
Collector
401- 2500
Secondary
Aur e
201— 400
Rural Access
101-200
Semi
Primitive
21-100
Primitive/
Driveway
0— 20
Public tend
Access
No Access
to DU
Design Capacity (ADT)
Minimum ROW Width
(Feet)
80
60
50
50
40
15 to 30'
30
Lime Width (Feet)
12
12
11
11
B
Single lane
12
Single Lane
12
Shoulder Width (feet}
8
6 Min, Paved
6
4 Min. Paved
6
4 Min. Paved
4
2 Min, Paved
2
0
0
Ditch Width (Feet)
10
10
6
6
4
32
0
Cross Slope
256
2%
2%
2%thrpJSeal
3% Gravel
2% Chip/Seal
3%Gravel
2%
n/a
Shoulder Slope
3%
3%
5%
5%
5%
n/a
n/a
Design Speed
35 mph
35 mph
n/a
n/a
n/a
n/a
n/a
Minimum Radius (Feet}
425
185
BO
B0
50
40
n/a
Maximum % Grade
8%
8%
10%
12%
12%
12%
12%
Surface
AsphaItor
Chip/Seal
Ch1P/Seal
Chip/Seal or
Gravel
Gravel
Gravel
Native
Material
n/a
t As determined adequate
either an easemen
2 If determined necessary
in an engineering review. Primitive road shall be dedicated ROW, driveway can be dedicated as
or ROW.
for adequate drainage.
Therefore no further improvements or variance requests are necessary related to the site access.
Conclusion
Based upon our review of the information you provided us regarding your proposed temporary use at the project site, it is our opinion
that the proposed use is well fit and appropriate for the project site, that the requested variances are appropriate and that there will be
no adverse impacts to the project site associated with your project.
Please feel free to contact me if you have any questions or need any additional information regarding this application.
Regards,
Yayf y Nichol, PE
Principal
502 Main Street • Suite A3 • Carbondale, CO 81623 • (970) 704-0311 • Fax (970) 704-0313
SOPRIS ENGINEERING • LLC
civil consultants
4-203.G. Impact Analysis.
Where the proposed development will impact specific features of the site, the Applicant shall
describe both the existing conditions and the potential changes created by the project. The
impact Analysis shall include a complete description of how the Applicant will ensure that
impacts will be mitigated and standards will be satisfied.
The following information shall be included in the Impact Analysis:
1. Adjacent Land Use. Existing use of adjacent property and neighboring properties within
1,500 -foot radius. [There should be no Adjacent Land Use impact as a '`lay -down yard" to
neighboring properties. No changes or alterations will be made to existing landscape or
terrain of the property, using- the subiecr nr•7inerty "as is'`.)
2. Site Features. A description of site features such as streams, areas subject to flooding, lakes,
high ground water areas, topography, vegetative cover, climatology, and other features that
may aid in the evaluation of the proposed development. Laecause the current gravel base
Within propo leo. project. wiii remain as the ground surface, there will be no
alterations to the existing landscape plan.]
3. Soil Characteristics. A description of soil characteristics of the site that have a significant
influence on the proposed use of the land. [No soils or surface will be disturbed, altered or
changed that might impact characteristics of the existing soil. A Web Soil Survey Map is
attached for reference and references soil as Airily Loam.]
4, Geology and Hazard. A description of the geologic characteristics of the area including any
potential natural or manmade hazards, and a determination of what effect such factors would
have on the proposed use of the land. [No hazardous materials will be handled or stogy to
on the subject pr,.. ::rty and s:: a therefore not impact the geologic characteristics.]
5. Groundwater and Aquifer Recharge Areas. Evaluation of the relationship of the subject parcel
to Floodplains, the nature of soils and subsoils and their ability to adequately support waste
disposal, the Slope of the land, the effect of sewage effluents, and the pollution of surface
Runoff, stream flow, and groundwater. heaving the soils & surface untouci'Feu, will not atter
or impact ;i;E aun ty of swoject iroperty to regenerate groundwater or aquifers. A portable
toilet serviced bi-weekly will address any waste/sewage effluents. An area within this project
is designated as snow storage, so it will not alter existing regeneration of groundwater.]
6. Environmental Impacts. Determination of the existing environmental conditions on the
parcel to be developed and the effects of development on those conditions, including:.
a. Determination of the long-term and short-term effect on flora and fauna; [As a "lay -
down yard', no changes or alterations will be made to existing ground, landscape, etc.
to have any impact on flora or fauna.]
b. Determination of the effect on designated environmental resources, including critical
wildlife habitat; '_-i he subject property is surrounded by wildlife mitigation fencing,
preventing access by wildlife and will not be altered or changed.]
c. Impacts on wildlife and domestic animals through creation of hazardous attractions,
alteration of existing native vegetation, blockade of migration routes, use patterns, or
other disruptions; and [The subject property is surrounded by wildlife mitigation
fencing, preventing access will not be altered or changed.3
d. Evaluation of any potential radiation hazard that may have been identified by the
State or County Health Departments. •ble
7. Nuisance. Impacts on adjacent land from generation of vapor, dust, smoke, noise, glare or
vibration, or other emanations. i; subject property is irs a oepressect area or me property as
a reclaimed gravel pit. depression helps to mitigate any noise from equipment, which is
limited to business hours. The depression also eliminates any potential glare from a security
night light at the office. We anticipate little to no dust as the surface is existing reclaimed
gravel within the pit.
8. Hours of Operation. The Applicant shall submit information on the hours operation of the
proposed use.
Monday through Friday
8:00 a.m. to 4:00 p.m. (mid-November through mid-April)
7:00 a.m. to 5:00 p.m. (mid-April through mid-November]
An occasional Saturday for unloading a delivery truck is anticipated.
39° 25' 0' N
29° 24 sa• r1
Qi
r Soil Map may not be valid at this scale.
3
3111450
311480
Soil Map—Aspen-Gypsum Area, Colorado, Parts of Eagle, Garfield, and Pitkin Counties
311540
3111803
31110
311990
311450 311480 311510 311510
Map Scale: 1:1,280 if punted on A landscape (11" x 8.5") sheet
311570 311600 311630 311660 311%0
Metes
0 15 30 80 90
Feet
0 50 100 200 300
Map projection: Web Mercator rator Comer coorcinates: WC584 Edge tis: (Mel Zone 13N WGS84
USDA Natural Resources Web Soil Survey
Conservation Service National Cooperative Sail Survey
311710
3
11/27/2018
Page 1 of 3
39° 25.0' H
39° 24'51"A
Soil Map—Aspen-Gypsum Area, Colorado, Parts of Eagle, Garfield, and Pitkin Counties
MAP LEGEND
Area of Interest (AOl)
Area of Interest (AOI)
Soils
Soil Map Unit Polygons
.. Sall Map Unit Lines
0 Sod Map Unit Points
Special Point Features
+ J Blowout
r;'1 Borrow Pit
it Clay Spot
Closed Depression
Gravel Pit
Gravelly Spot
Landfill
Lava Flow
4, Marsh or swamp
Mine or Quarry
Miscellaneous Water
Perennial Water
Rock Outcrop
Saline Spot
Sandy Spot
Severely Eroded Spot
Sinkhole
SIIde or Slip
� Sadie Spot
c
Spoil Area
Stony Spot
Very Stony Spot
Wet Spot
Other
Special Line Features
Water Features
Streams and Canals
Transportation
.ir Rails
Interstate Highways
US Routes
Major Roads
Local Roads
Background
gif Aerial Photography
MAP INFORMATION
The soli surveys that comprise your ACI were mapped at
1:24,000.
Warning: Soil Map may not be valid at this scale.
Enlargement of maps beyond the scale of mapping can cause
misunderstanding of the detail of mapping and accuracy of soil
line placement. The maps do not show the small areas of
contrasting soils that could have been shown at a more detailed
scale.
Please rely on the bar scale an each map sheet for map
measurements.
Source of Map; Natural Resources Conservation Service
Web Soil Survey URL:
Coordinate System: Web Mercator (EPSG:3857)
Maps from the Web Soil Survey are based on the Web Mercator
projection, which preserves direction and shape but distorts
distance and area. A projection that preserves area, such as the
Albers equal-area conic projection, should be used If more
accurate calculations of distance or area are required.
This product Is generated from the USDA-NRCS certified data as
of the version date(s) listed below.
Soli Survey Area: Aspen -Gypsum Area, Colorado, Parts of
Eagle, Garfield, and Pitkin Counties
Survey Area Data: Version 9, Sep 10, 2018
Soil map units are labeled (as space allows) for map scales
1:50,000 or larger.
Date(s) aerial images were photographed: Jul 14, 2010—Nov 1,
2017
The orthaphoto or other base map on which the soil lines were
compiled and digitized probably differs from the background
imagery displayed on these maps. As a result, some minor
shifting of map unit boundaries may be evident.
si 0 Natural Resources Web Soil Survey
^•"°11 Conservation Service National Cooperative Soil Survey
11/27/2018
Page 2of3
Soil Map--Aspen-Gypsum Area, Colorado. Parts of Eagle, Garfield, and Pitkin Counties
Map Unit Legend
LSDA Natural Resources Web Saii Survey
agm Conservation Service national Cooperative Soil Survey
11/27/2018
Page 3 of 3
Map Unit Symbol
Map Unit Name
Acres in AOI
Percent of ADI
6
Almy loam, 1 to 12 percent
slopes
4.7
100.0%
Totals for Area of Interest
4.7
100,0%
LSDA Natural Resources Web Saii Survey
agm Conservation Service national Cooperative Soil Survey
11/27/2018
Page 3 of 3
4-203.1_
Rocky Mountain Stone Supply Inc. - Sales/invoicing by day - June through October 2017
Monthly
Date 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Totals
June 14 14ime 7 9 6 9 4 132121 10 7 12 4 10 11M3 8 11 14 9 17 Sat ;un 13 8 8 10 9 213
July Minn 2 9 15 MI 7 6
August 8 4 6 9 5 5
September 11 IMMII 4
October tion 7 3
5 7 10 intin
5 12 7 Erril
9 2 11 Erg
6 10 5
6 9
7 6
14 3
7 10 4 Emirs
10 8 9 9 10 Sat stat 10 7
3 6
4 7 9 ME
11
10 10 11
5 2
Sat Gun
11 6 2 Ere
18 7 11
6 143
4 8 4 9 168
4 6 9 7 7
4 8 6 3 4® 9 9 11
5 8
149
5 4 142
815
Totals 33 25 9 15 23 32 28 25 15 28 24 28 26 38 16 23 31 25 29 43 35 27 37 25 27 35 30 21 25 18 19 815
Analysis by "day of the week"
Days Avg.
Total in per
visits month day
Monday 152 20 7.6
Tuesday 150 21 7.1
Wednesday 164 21 7.8
Thursday 166 22 7.5
Friday 183 22 8.3
TOTALS 815 108 8
Delivery trucks into our yard in same time period: 62
Average number of delivery trucks per week: 3
This analysis was based off of Invoices created each day for the period of time shown.
It'reveals 7.7 ADT (Average Daily Trips) as visits to our yard.
Over the same time period, we averaged 3 delivery trucks into our yard per week,
SECTION 2-03. PAYMENT AGREEMENT FORM
Payment Agreement Form
GARFIELD COUNTY (hereinafter COUNTY) and 'flicriA5 ,jam 6Cu .' i P c f1W, Tllu 6)-m,kSI.014v,;(
Property Owner (hereinafter OWNER) agree as follows: /r
1. OWNER has submitted to COUNTY an application for L 11N I) it ell /?&E "J- Q i r
Cor t- i QQ5 �i� ]; 5�t4. L' (hereinafter, THE PROJECT).
2. OWNER understands and agrees that Garfield County Resolution No. 98-09, as amended,
establishes a fee schedule for each type of subdivision or land use review applications, and the
guidelines for the administration of the fee structure_
3. OWNER and 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. OWNER agrees to make payment of the Base Fee, established for the PROJECT, and
to thereafter permit additional costs to be billed to OWNER. OWNER 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, OWNER shall pay additional billings to
COUNTY to reimburse the COUNTY for the processing of the PROJECT mentioned above. OWNER
acknowledges that all billing shalt be paid prior to the final consideration by the COUNTY of any land
use permit, zoning amendment, or subdivision plan.
PROPERTY OWNER (OR AUTHORIZED REPRESENTATIVE)
I hereby agree to pay all fees related to this application.
` VIOVIOS T SC'iJICJA
Print Name
Mailing Address: ciai E SuP+flt(
E -Mail Address:
.R f� ie Number:
ilca).
Signature
&,Arur CO .10-4-1
�M5S� LLC. L v iii_, C�7>`1
Cs- To
0110/
Date
8
Crystal Ranch Corp
Barbara Hapgood
Manager
13112 Highway 82
Carbondale, CO 81623
November 29, 2018
Re: Authorization Letter
Crystal Ranch Corp- Land Use Change Permit for Powers Pit
Dear Garfield County.
This letter is to certify that Crystal Ranch Corp authorizes Thomas Sowieja of Rockv
Mountain Stone Supply to represent it for this _Administrative Review with the
Garfield County, Colorado Building and Planning Depat stent in regards to the
application for change in use of the property. The Contact information for Rock-
Mountain Stone Supply is:
Thomas Sowieja
President/Owner
Rock-vMountainStone Ssupply-, Inc
PO Box. 1412
Basalt, CO 81621
970-6I8-701" trnss.11cia mail.com
I authorize Thomas Sowieja to do the following on behalf of the Crystal Ranch Corp
(CRC):
• Submit an Application for change in use of the propem .
• Mail a notice to adjacent property owners within 200 feet and mineral owner_
• Submit a Vicinity Map, Site Plan, Grading & Drainage Plan, Impact Analysis, and
Traffic Study_
Manager, Crystal Ranch Corp_
Mailing address:
13 Friday- Lane
Chapel Hi11 NC. 27314
4 -7,276.3 d 1 L[,
DIVISION 1.
GENERAL FORMS
SECTION 1-01. STATEMENT OF AUTHORITY
Pursuant to C.R.S. §38-30-172, the undersigned executes Allis Stlate nt of Authority on behalf of
Ceui STS h'A100A C m'P a f i +y[ i -) l i 19, (F}'1 enr (corporation, limited
liability company, general partnership, registered limited liability partnership, registered limited liability
limited partnership, limited partnership association, government agency, trust or other), an entity other
than an individual, capable of hold!ngtitle to real property (the "Entity"), and stales dS fellows:
The name of the Entity is U i1L AKA . LL [1 ec} ?P
and is formed under the laws of C j C 'f a. t(i7
The mailing address for the Entity is I �f ��. �j� �i OC 75
The name and/or position of the person authorized to execute instruments conve0g, encumbering, or
otherwise affecting title to real property on behalf of the Entity is -604-1-160-41-f t tL U L
The limitations upon the authority of the person named above or holding the position described above
to bind the Entity are as follows (if no limitations, insert "None"): Wi\fe-
Other matters concerning the manner in which the Entity deals with any interest in real property are (if
no other matter, leave this section blank):
EXECUTED this ' day of �LI-V 12er
Signat4+r
Name (prin ed)
Title (if any): AA CuAit,5
STATE OF hIcur*C.A#OumA— )
)S5.
COUNTY OF 041.40746
aAAa
20 /
The foregoing instrument was acknowledged oeiore me this 2-er"` day of lnree_ , 20
byBouttessbA-0- VIrp.fe.aaxs , on behalf of CiZ C,
a
Witness my hand and official seal.
My commission expires:tRler712.O2 %
(Date) (Notary Public)
[SEAL]
00111181,ft
`` 1_4 Sck1C4'#,r
Dz
4-204.6 is -
Rocky Mountain Stone Supply Inc. — Land Use Change Permit Application
I11 SUBMITTAL REQUIREMENTS
4-203.6 General Application Materials
List of mineral owners of record, including names and mailing addresses:
On December 17, 2013, I visited the Garfield County Clerk & Recorders office and
worked with Chrissy Ziegler -Doran to research mineral rights for the project
property. I also visited the Assessor's office for additional research on that day.
We did not find any recordings more recent than the 2/25/2015 research done
by Compass Mountain Land Use, LLC, (attached) for Travis Stewart with Western
Slope Materials, for his application submittal for a small contractor's yard
located on the same property, and therefore have submitted that
documentation as the most recent recordings.
Date: 3/31/2015
Travis Stewart
Western Slope Materials
P_0. Box 1319
Carbondale, CO 81623
Sent via email to: tjs@ws-materials.com
Eric ❑. McCafferty
Compass Mountain Land Use, LLC
Post Office Box 86
Glenwood Springs, CO 81602
970.618.0837
RE: Mineral Ownership and Lessees/ Crystal Ranch Corporation / Garfield County
Travis,
I conducted the mineral title research consistent with Garfield County and State of Colorado
requirements, utilizing the County Assessor and County Recorder records. You will note, the Mineral
Owner Account Numbers of 8011-030-07-000 & 8011-031-07-000. These accounts are created by, and
only accessible from, the Garfield County Assessor. The research was completed on 2/25/2015. Prior to
any hearings for this application, I recommend an update be conducted of the prior research.
Please contact me with any questions. i will remain available to assist with this or any other application
you may have.
Mineral Owner:
Crystal Ranch Corporation
13 Friday lane
Chapel Hill, NC 27514
(No active mineral lose [Oil, gas or other hydrocarbons] found)
Memorandum of Lease for gravel recorded at Reception Number 838315
Lessor. Crystal Ranch Corp.
lessee: Oldcastle SW Group, Inc
Mineral Owner:
Assessor Mineral Account Number ]Inactive): 8011-030-07-000 & 8011-031-07-000
Shirley L. Sparks
14209 Sedrev Road NE
Albuquerque, NM 87123
No active, recorded mineral lease found
Beneficiary Deed recorded at Reception Number 759206
Upon the death of the mineral owner noted above (Sparks), this deed conveys mineral rights to:
J. William LaRue and Karen S. LaRue
608 Turner Drive NE
Albuquerque, NM 87123
End of Report
Garfield County Land Explorer
Parcel
Physical Address
Owner
Account
Num
Mailing Address
239325300158
239326103001
239326103001
239326300002
239326300003
239326300005
239326400004
239326400007
ROW
ROW
86 104 COUNTY RD
CARBONDALE
13114 82 HWY
CARBONDALE
1311482 HWY
CARBONDALE
13715 82 HWY
CARBONDALE
14737 82 H WY
CARBONDALE
Not available
CARBONDALE
Not available
CARBONDALE
87 103 COUNTY RD
CARBONDALE
Not available null
Not available null
CERISE, CLIFFORD
RANCH COMPANY
RYOBI FOUNDATION
RYOBI FOUNDATION
BAILEY FAMILY
INVESTMENT COMPANY
BAILEY FAMILY
INVESTMENT COMPANY
BAILEY FAMILY
INVESTMENT COMPANY
BAILEY FAMILY
INVESTMENT COMPANY
CRC LLC
8111310
R084007
86 COUNTY ROAD 104
CARBONDALE, CO 81623-9604
13114 HWY 82 CARBONDALE,
CO 81623
R084007 13114 HWY 82 CARBONDALE,
CO 81623
R111318 1000 BLUE HERON LANE
CARBONDALE, CO 81523
R011362 1000 BLUE HERON LANE
CARBONDALE, CO 81623
R111927 1000 BLUE HERON LANE
CARBONDALE, CO 81623
R111308 1000 BLUE HERON LANE
CARBONDALE, CO 81623
R083680 13 FRIDAY LANE CHAPEL
HILL, NC 27514
4
Garfield County
Community Development Department
108 8th Street, Suite 401
Glenwood Springs, CO 81601
(970) 945-8212
www.garfield-county.com
PRE -APPLICATION
CONFERENCE SUMMARY
TAX PARCEL NUMBER: 2393-264-00-007 PRE -APP DATE: 11/20/2018
PROJECT: Rocky Mountain Stone Supply Small Contractor's Yard
OWNER: CRC LLC
PRACTICAL LOCATION: 87 County Road 103, Carbondale, CO 81623
ZONING: Rural
COMPREHENSIVE PLAN: Residential Medium (6 to <10 acres/du) and Rural Employment Center
TYPE OF APPLICATION: Administrative Review for a Contractor's Yard, Small
I. GENERAL PROJECT DESCRIPTION
The Applicant is proposing to permit a small contractor's yard located off State Highway 82
approximately 1.2 miles east of Carbondale. The overall parcel is 35 acres in size and already has
two active permits onsite: a concrete batch plant and another small contractor's yard. The
applicant wants to move his commercial stone yard to the property where he would lease the
northeast corner from the property owner. His leased portion of the property would be
approximately 1.25 acres in size and would be a lay -down yard for stone pallets, boulders and
other types of rock. Customers, employees and various contractors would frequent the yard. The
applicant would potentially move a gazebo onto the property and would like to have a small office
space for employees.
The facility is proposed to be unmanned. If the applicant does not adequately demonstrate that
the facility will be unmanned, a demonstration of legal, adequate, and physical water shall be
required. Applicant has represented that portable sanitation facilities would be located onsite.
The contractor's yard would access onto County Road 103 via a private gravel driveway. The
applicant will need to demonstrate that this driveway to the proposed and existing uses meets the
l
standards as outlined in Section 7-107, and specifically Table 7-107 based on demonstrated Average
Daily Trips (ADT). A projected number of ADT will be necessary for the traffic study. As there are
two existing industrial uses on the property, the applicant is encouraged to consult the services of
an engineer in order to show the driveway's conformance to the County's roadway standards.
The applicant should respond to all applicable standards as outlined in Section 7, Divisions 1-3 and
Section 7-1001 (Industrial Use), including a demonstration of compliance with the industrial
setbacks of 100 feet from adjacent residential properties as well as concealing/screening.
II. REGULATORY PROVISIONS AND PROCESS REQUIRED
Garfield County Land Use and Development Code, specifically sections:
■ Administrative Review, Section 4-103
■ Common Review Procedures, Table 4-102
■ Submittal Requirements, Table 4-201
■ Article 7, Standards: Division 1, 2, and 3
■ Section 7-1001, Industrial Uses Standards
III. SUBMITTAL REQUIREMENTS
■ 4-203.B: General Application Materials
o Application Form
o Payment Agreement Form
o Deed and Title Commitment
o Statement of Authority and letter of authorization
o List of mineral owners of record, including names and mailing addresses
o Names and mailing addresses of all property owners within 200 feet of the subject
parcel and a map showing the subject parcel and the adjacent property owners.
o Project narrative
o Copy of pre -application conference summary
■ 4-203.C: Vicinity Map
■ 4-203.D. Site Plan
■ 4-203.E. Grading and Drainage Plan
o Note: Applicant may request a waiver from the grading and drainage plan with
sufficient explanation as to why the waiver is warranted.
■ 4-203.G. Impact Analysis
■ 4-203.J. Development Agreement (applicant may request a waiver)
■ 4-203.K. Improvements Agreement (applicant may request a waiver)
■ 4-203.L. Traffic Study
o Note: As represented, this application appears to only require a Basic Traffic Analysis
■ 4-203. M. Water Supply/Distribution Plan
o Note: The applicant should address how the facility will be unmanned. If the facility
is not staffed, then the Applicant will not need to demonstrate legal and adequate
water.
■ 4-203.N. Wastewater Treatment Plan
2
o Note: The applicant should address how the facility will be unmanned. If the facility
is not staffed, then the Applicant will not need to demonstrate adequate
wastewater.
■ Respond to all standards in Section 7, Divisions 1, 2 and 3 and Section 7-1001 and submit
any additional material (reports, plans, studies, etc.) that provides evidence of compliance.
Any additional materials to demonstrate compliance with Sections 7, Divisions 1, 2, and 3
and Section 7-1001. Be sure to address requirements for 100 -foot setbacks for outdoor
storage areas and concealing / screening.
■ 7-107. Access and Roadways
o Note: Demonstrate compliance with Table 7-107 based on ADT.
IV. PUBLIC HEARINGS AND NOTICE
Public Hearing notices shall be posted, mailed and published pursuant to Section 4-101.E.
X None
Planning Commission
Board of County Commissioners
No public hearing is required, however, Mailed Public Notice is required to be sent at least 15 days
prior to decision to surrounding property owners within 200 feet of the subject property and all
mineral owners of interest. Notice shall be consistent with sections 4-101 and 4-103 of the Land Use
and Development Code.
V. REFFERALS
Referral may include the following agencies:
•
•
•
•
•
•
Garfield County Road and Bridge Department
Garfield County Vegetation Manager
Garfield County Consulting Engineer
Fire Protection Districts
Colorado Parks and Wildlife
Any other agency deemed appropriate upon review of the submittal
VI. APPLICATION REVIEW FEES
This application will be subject to the following fees and deposit requirements:
Planning Review Fees: $250
Plus any additional Staff time charged at staff hourly rate of $40.50
Referral Agency Fees: $Engineering review fee based on hourly rate
Total Deposit: $250
VII. GENERAL APPLICATION PROCESSING
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
3
summary is valid for a six month period, after which an update should be requested. 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:
CS1w6ibl--
November 27, 2018
Claire Dalby, Planner Date
4
Approximately 2 months iF•subrrritta I is cur • r: I. :
leGarfield CrHin.
Administrative Review Process
{Sett isrr 4-103)
Step 1= Pre- ppl lection Conteren
- May beorilveii by !Director
+ Applicant has 6 months to iu4mlt application
Step Z: Appiioatton Submittal
Step 3: Completeness Review
■ 1Cr business days to review
* if rneomplese, 50 days to re{nedyr deficiencies
Step _Schedule Decision bate and Provide Nati re
O 1.olailvd tv adaai.eri t prcp.ityr vwrien within ZOO (vet ansa rriiritq d 1(twri s
at least 15 days prior to decision da Dr
Step Sr Referral
*21 day cvrnrner't pet;od
Step 6: Ey al wrier) by DTrector
5teli 7; Director's Veciljion
■ Ci11-gyp Period - within 10 days. of Director's Der •an
■ Applicant has 1 year to meet anv Eorrditions o f approval
5
Garfield County 1
MEMORANDUM
TO: Staff
FROM: County Attorney's Office
DATE: June 24, 2014
RE: Mineral Interest Research
Mineral interests may be severed from surface right interests in real property. Colorado revised
statute 24-65.5-103 requires notification to mineral owners when a landowner applies for a land
use designation by a local government. As such, the landowner must research the current owners
of mineral interests for the property.
The Garfield County Land Use and Development Code of 2013 ("LUDC") Section 4-
101(E)(1)(b)(4) requires written notice to owners of mineral interests in the subject property "as
such owners can be identified through the records in the office of the Clerk and Recorder or
Assessor, or through other means."
It is the duty of the applicant to notify mineral interest owners. The following is a suggested
process to research mineral interests:
1. Review the current ownership deed for the property (i.e. Warranty Deed, Special
Warranty, Quit Claim Deed or Bargain and Sale Deed NOT a Deed of Trust). The
ownership deed is usually ane or two pages_ Is there a reservation of mineral interests on
the ownership deed? Are there any exceptions to title? A deed may include a list of
reservations that reference mineral owners or all and gas leases.
2. Review your title insurance policy. Are there exceptions to title listed under Schedule B -
II? If so, review for mineral interests that were reserved and oil and gas Ieases.
3. Check with the Assessor's office to determine if a mineral interest has been reserved
from the subject property. The Assessor's office no longer documents the mineral
reservation ownership for its tax roll records unless ownership has been proven. There
are only a limited number of mineral owners who have provided such information to the
Assessor's office so this may not provide any information, depending on your property.
6
MEMO
June 24; 2014
Page 2
4. Research the legal description of the subject property with the CIerk and Recorder's
computer. You can search the Section, Township, and Range of the subject property.
You may fmd deeds for mineral interests for the subject property.
5. Research whether a Notice of Mineral Estate Ownership was filed for the subject
property. On the Clerk and Recorder's computer, search under Filter (on the right hand
side of the screen), General Recordings, Notice of Mineral Estate Ownership for the
subject property.
6. If you fmd mineral interest owners as reservations on your deed, listed in your title
insurance policy, from the Assessor's records or the Clerk and Recorder's computer, you
need to determine whether these mineral interests were transferred by deed and recorded
in the Clerk and Recorder's office.
7. Enter the name of the mineral interest owner as the Grantor in the Clerk and Recorder's
computer to see if the mineral interest was transferred. If you find a transfer deed, you
need to repeat this process to follow any transfer of the mineral interest to present day.
8. Include a description of your research process in your application and the narne(s) and
address(es) of the current mineral interest owner(s).
Mineral interest research can be a difficult and time consuming process. If you are unable to
determine mineral rights ownership by yourself, consider hiring an attorney or Zandman.
Attorneys and iandmen specialize in determining mineral rights ownership, but they charge a fee
for their services.
7
87 Co Rd 103
Vicinity Map
4--zo3.e
Crystal Ranch Corp
Barbaro Hapgood
Manager
13112 Highway 82
Carbondale, CO 81623
January 28, 2019
Re: Powers Pit Operations
Dear Garfield County,
The Powers Pit formerly operated under a special use permit for mining
and extraction activity. These activities ceased April 2013, and the area
began operating as a batch plant. All reclamation for the pit was completed
in the Fall of 2018
Currently the only use underway at the Powers Pit are a batch plant
managed by Old Castle and a contractor yard managed by All Valley
Storage.
Sincerely,
Barbara Hapgood
Manager, Crystal Ranch Corp.
Pr"
Land TtleT
CANA AHTEE iAMPAAY
,5iemr f51.15p:
Order Number:
Land Title Guarantee Company
Customer Distribution
PREVENT FRAUD - Please remember to call a member of our closing team when
• initiating a wire transfer or providing wiring instructions.
GC63013455-3 Date: 02/13/2019
Property Address: 13114 HIGHWAY 82, CARBONDALE, CO 81623
PLEASE CONTACT YOUR CLOSER OR CLOSER'S ASSISTANT FOR WIRE TRANSFER INSTRUCTIONS
For Closing Assistance
For Title Assistance
Garfield County Title Team
901 GRAND AVENUE #202
GLENWOOD SPRINGS, CO 81601
(970) 945-2610 (Work)
(970) 945-4784 (Work Fax)
g lenwoodresponse@ Itgc.com
HOLLAND & HART LLP
Attention: EVAN RANDALL
555 17TH ST #3200
DENVER, CO 80202
(303) 295-8165 (Work)
(303) 295-8261 (Work Fax)
elrandall@hollandhart.com
Delivered via: Electronic Mail
Pri
Lard Title
ARM.TF.F c Mr th
-Sl M 7 7 -
Land Title Guarantee Company
Estimate of Title Fees
Order Number: GC63013455-3 Date: 02/13/2019
Property Address: 13114 HIGHWAY 82, CARBONDALE, CO 81623
Parties: A BUYER TO BE DETERMINED
CRC, LLC, A COLORADO LIMITED LIABILITY COMPANY
Visit Land Title's Website at www.Itgc.com for directions to any of our offices.
Estimate of Title insurance Fees
"TBD" Commitment $216.00
TBD - TBD Income $-216.00
Total $0.00
If Land Title Guarantee Company will be closing this transaction, the fees listed above will be collected at closing.
Thank you for your order!
Note: The documents linked in this commitment should be reviewed carefully. These documents, such as covenants
conditions and restrictions, may affect the title, ownership and use of the property. You may wish to engage legal
assistance in order to fully understand and be aware of the implications of the effect of these documents on your property.
Chain of Title Documents:
Garfield county recorded 11/02/2006 under reception no. 710307
Garfield county recorded 01/21/2016 under reception no. 872723
Property
1.
2.
3.
4.
5.
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule A
Order Num ber: GC63013455-3
Address:
13114 HIGHWAY 82, CARBONDALE, CO 81623
Effective Date:
01/04/2019 at 5:00 P.M.
Policy to be Issued and Proposed Insured:
"TBD" Commitment $0.00
Proposed Insured:
A BUYER TO BE DETERMINED
The estate or interest in the land described or referred to in this Commitment and covered herein is:
A Fee Simple
Title to the estate or interest covered herein is at the effective date hereof vested in:
CRC, LLC, A COLORADO LIMITED LIABILITY COMPANY
The Land referred to in this Commitment is described as follows:
A TRACT OF LAND SITUATED WITHIN LOTS 10, 11, AND 12, OF SECTION 26, TOWNSHIP 7 SOUTH,
RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN, ALSO SITUATED WITHIN THAT PROPERTY
DESCRIBED IN THE DOCUMENT RECORDED ON MARCH 19, 2012 AT RECEPTION NO. 816135 OF THE
GARFIELD COUNTY RECORDS. WITH ALL BEARINGS CONTAINED RELATIVE TO THE BEARING
S89°59'06"E BETWEEN THE FOUND MONUMENT REPRESENTING THE N 1/16 OF SAID SECTION 26 AND
SECTION 27 AND THE FOUND MONUMENT REPRESENTING THE N -C 1/16 OF SAID SECTIONS 26 AND
27: SAID TRACT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE RIGHT-OF-WAY RECORDED AS RECEPTION NO. 834949 AND 848460 OF
SAID COUNTY RECORDS FROM WHENCE SAID N -C 1/16 BEARS N11 °34"01"W, A DISTANCE OF 2735.69
FEET; THENCE ALONG SAID RIGHT-OF-WAY THE FOLLOWING SIX (6) COURSES:
1) S43° 03'09"W, 72.85 FEET;
2) 94.97 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, RADIUS OF 200.00 FEET AND CENTRAL
ANGLE OF 27°12'29" (CHORD S56°3924' W, 94.08 FEET);
3) S70°15'39"W, 176.85 FEET;
4) 147.95 FEET ALONG THE ARC OF A CURVE TO THE LEFT, RADIUS OF 160.00 FEET AND CENTRAL
ANGLE OF 52°58'45" (CHORD S43°46'16"W, 142.73 FEET);
5) S17° 16'54"W, 4.99 FEET;
6) S59°19'1 VW, 67.47 FEET TO A POINT ON THE COMMON BOUNDARY OF SAID PROPERTY DESCRIBED
IN THE DOCUMENT RECORDED MARCH 19, 2012 AS RECEPTION NO. 816135 AND THE NORTHERLY
RIGHT-OF-WAY OF STATE HIGHWAY NO. 82: THENCE CONTINUING ALONG THE BOUNDARY OF SAID
PROPERTY AND THE NORTHERLY RIGHT-OF-WAY OF HIGHWAY 82 THE FOLLOWING THREE (3)
COURSES:
1) N75°40'49"W, 68.20 FEET;
2) N72°49'19"W, 1,100.00 FEET;
3) N69°00'19"W, 38.14 FEET; THENCE LEAVING SAID BOUNDARY AND SAID RIGHT-OF-WAY THE
FOLLOWING EIGHT (8) COURSES:
1) N26°07'44"E, 276.01 FEET;
2) N47°51'25"E, 279.31 FEET;
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule A
3) N09°09'24"E, 429.33 FEET:
4) N45°13'06"E, 172.67 FEET:
5) S83°17'54"E, 1,078.34 FEET;
6) S47°35'39"E, 200.60 FEET;
7) S26°23'34"W, 513.74 FEET;
8) S17° 13'05"E, 322.31 FEET TO THE POINT OF BEGINNING.
COUNTY OF GARFIELD
STATE OF COLORADO
Copyright 2006-2019 American Land Title Association. All rights reserved.
The use of this Form is restricted to ALTA licensees and ALTA members in good standing
as of the date of use. All other uses are prohibited. Reprinted under license from the
American Land Title Association.
Order Number:GC63013455-3
AMERICAN
LAND TITLE
Ass0C]ATl0N
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule B, Part I
(Requirements)
Order Number: GC63013455-3
All of the following Requirements must be met:
This proposed Insured must notify the Company in writing of the name of any party not referred to in this
Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may
then make additional Requirements or Exceptions.
Pay the agreed amount for the estate or interest to be insured.
Pay the premiums, fees, and charges for the Policy to the Company.
Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both,
must be properly authorized, executed, delivered, and recorded in the Public Records.
THIS COMMITMENT IS FOR INFORMATION ONLY, AND NO POLICY WILL BE ISSUED PURSUANT HERETO.
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule B, Part II
(Exceptions)
Order Number: GC63013455-3
This commitment does not republish any covenants, condition, restriction, or limitation contained in any
document referred to in this commitment to the extent that the specific covenant, conditions, restriction, or
limitation violates state or federal law based on race, color, religion, sex, sexual orientation, gender
identity, handicap, familial status, or national origin.
1. Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be
ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land.
2. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that
would be disclosed by an accurate and complete land survey of the Land and not shown by the Public
Records.
4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law
and not shown by the Public Records.
5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public
records or attaching subsequent to the effective date hereof but prior to the date of the proposed insured
acquires of record for value the estate or interest or mortgage thereon covered by this Commitment.
6. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that
levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency
that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the
records of such agency or by the Public Records.
7. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance
thereof; (c) water rights, claims or title to water.
8. EXISTING LEASES AND TENANCIES, IF ANY.
9. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM
SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN
UNITED STATES PATENT RECORDED MAY 09, 1898, IN BOOK 12 AT PAGE 485.
10. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM
SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN
UNITED STATES PATENT RECORDED MARCH 14, 1894, IN BOOK 12 AT PAGE 307.
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule B, Part II
(Exceptions)
Order Number: GC63013455-3
11. RESERVATONS AS CONTAINED IN DEED FROM EDITH JAMES, ALSO KNOWN AS EDITH S. JAMES,
FREEMAN S. JAMES, ALSO KNOWN AS F.S. JAMES AS FREEMAN SMITH JAMES AND SHIRLEY L.
SPARKS (FORMERLY SHIRLEY L. JAMES) TO RICHARD C. MARTIN AND WILMA S. MARTIN, RECORDED
JANUARY 31, 1959, IN BOOK 315 AT PAGE 10, PROVIDING AS FOLLOWS: AND PROVIDED FURTHER
THAT THE GRANTORS HEREIN, FOR THEMSELVES, THEIR HEIRS, EXECUTORS ADMINISTRATORS
AND ASSIGNS RESERVE, AND EXCEPT FROM THIS CONVEYANCE AN UNDIVIDED 1/2 INTEREST IN
AND TO ALL OIL, GAS AND OTHER MINERALS IN OR UNDER SAID LAND OR WHICH MAY BE
RECOVERED THEREFROM AND ALSO THE RIGHT OF INGRESS AND EGRESS TO GO UPON SAID
LANDS AND DRILL, PROSPECT FOR, AND PRODUCE, ANY SUCH OIL, GAS OR OTHER MINERALS,
SUBJECT TO THE CONDITION THAT THE OWNERS OF SUCH RESERVED MINERAL ESTATE WILL BE
RQUIRED TO PAY THE SURFACE OWNER ALL DAMAGES OCCASIONED BY ANY DRILLING,
PROSPECTING, OR OTHER PRODUCTION OPERATIONS.
12. AS TO A PORTION OF THE E1/2 OF THE SOUTHEAST1/4 OF SECTION 23 AND OF THE NE1/4NE1/5 AND
LOTS 1 TO 12 OF SECTION 26, SAND AND GRAVEL LEASE BETWEEN RICHARD C. MARTIN AND WILMA
S. MARTIN, AS LESSORS AND ANDY ZEMLOCK, JR. AND MARTIN SCOTT ZEMLOCK, AS LESSEES, FOR
A TERM OF YEARS, RECORDED FEBRUARY 27, 1963 UNDER RECEPTION NO. 220571.
13. AS TO A PORTION OF LOTS 10, 11 AND 12 IN SECTION 26, SAND AND GRAVEL LEASE BETWEEN
RICHARD C. MARTIN AND WILMA S. MARTIN, AS LESSORS AND ANDY ZEMLOCK JR. AND MARTIN
SCOTT ZEMLOCK, AS LESSESS, FOR A TERM OF 5 YEARS, WITH OPTION TO EXTEND THE TERM FOR
AN ADDITIONAL 5 YEAR PERIOD AND OPTION TO PURCHASE PORTION SOUTH OF THE HIGHWAY,
DATED AUGUST 15, 1965, RECORDED MARCH 16, 1966 IN BOOK 374 AT PAGE 509.
14. RIGHT-OF-WAY FOR THE NICHOLS DITCH ACROSS A PORTION OF SUBJECT PROPERTY AS SHOWN
BY MAP AND STATEMENT FILED FOR RECORD JUNE 1, 1895 AS DOCUMENT NO. 18448.
15. RIGHTS-OF-WAY FOR THE NICHOLS DITCH, THE FIRST ENLARGEMENT OF THE KELSO DITCH AND
THE SECOND ENLARGEMENT OF THE KELSO DITCH, AS EVIDENCED BY DECREE RECORDED
FEBRUARY 3, 1941 IN BOOK 201 AT PAGE 68, CERTIFICATE OF WATER RIGHTS RECORDED MAY 24,
1958 IN BOOK 309 AT PAGE 30 AND CERTIFICATE OF WATER RIGHTS RECORDED MAY 24 1958 IN
BOOK 309 AT PAGE 31.
16. RIGHT-OF-WAY EASEMENT TO THE MOUNTAIN STATES TELEPHONE AND TELEGRAPH COMPANY FOR
A STRIP OF LAND 8 FEET IN WIDTH IN SECTION 26, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE 6TH
P.M., AS GRANTED BY INSTRUMENT RECORDED JANUARY 18, 1974 AT RECEPTION NO. 261467 IN
BOOK 454 AT PAGE 198.
17. RIGHT-OF-WAY EASEMENTS TO HOLY CROSS ELECTRIC ASSOCIATION, INC. IN PART OF SECTION 26,
TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE 6TH P.M. RECORDED MARCH 6, 1980 IN BOOK 544 AT
PAGE 860, AND RECORDED MARCH 19, 1991 IN BOOK 800 AT PAGE 565 AND RECORDED AUGUST 28,
1995 IN BOOK 951 AT PAGE 287.
18. RIGHT-OF-WAY EASEMENTS TO HOLY CROSS ENERGY IN PART OF SECTION 26 RECORDED MAY 30,
2000 IN BOOK 1189 AT PAGES 639, 641 AND 643.
19. EXCEPT THOSE PORTIONS CONVEYED TO THE BOARD OF COUNTY COMMISSIONERS BY DEED
RECORDED OCTOBER 21, 1913 IN BOOK 93 AT PAGE 267.
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule B, Part II
(Exceptions)
Order Number: GC63013455-3
20. TERMS AND CONDITIONS OF RULE AND ORDER RECORDED JANUARY 31, 1975 IN BOOK 468 AT PAGE
518.
21. RIGHT OF WAY EASEMENT TO HOLY CROSS ELECTRIC ASSOCIATION, INC. AS GRANTED BY
INSTRUMENT RECORDED MARCH 6, 1980 IN BOOK 544 AT PAGE 860 AND RECORDED MARCH 19, 1991
IN BOOK 800 AT PAGE 565 AND RECORDED AUGUST 28, 1995 IN BOOK 951 AT PAGE 287.
22. RIGHT OF WAY EASEMENTS TO HOLY CROSS ENERGY AS GRANTED BY INSTRUMENT RECORDED
MAY 30, 2000 IN BOOK 1189 AT PAGE 639, IN BOOK 1189 AT PAGE 641 AND IN BOOK 1189 AT PAGE 643.
23. TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED APRIL 05, 2001 IN BOOK 1243 AT
PAGE 151 AND AMENDMENT RECORDED OCTBOBER 11, 2011 UNDER RECEPTION NO. 809168
24. TERMS, CONDITIONS AND PROVISIONS OF BOUNDARY LINE ADJUSTMENT RECORDED JUNE 05, 2001
IN BOOK 1258 AT PAGE 902.
25. TERMS CONDITIONS PROVISIONS BURDENS AND OBLIGATIONS AS SET FORTH IN HOLY CROSS
ENERGY RIGHT OF WAY EASEMENT RECORDED AUGUST 28, 2008 UNDER RECEPTION NO. 754761.
26. TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN TRENCH,
CONDUIT, AND VAULT AGREEMENT RECORDED JUNE 01, 2010 UNDER RECEPTION NO. 786667.
27. EASEMENT GRANTED TO HOLY CROSS ENERGY, A COLORADO CORPORATION, FOR
UNDERGROUND ELECTRIC TRANSMISSION OR DISTRIBUTION LINE, AND INCIDENTAL PURPOSES, BY
INSTRUMENT RECORDED JUNE 01, 2010, UNDER RECEPTION NO. 786668.
28. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 2011-77 RECORDED DECEMBER 14 2011
AT RECEPTION NO. 811974.
29. TERMS, CONDITIONS AND PROVISIONS OF BOUNDARY LINE ADJUSTMENT RECORDED MARCH 19,
2012 AT RECEPTION NO. 816135.
30. TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH AND
GRANTED IN LAND USE CHANGE PERMIT RECORDED MAY 14, 2013 UNDER RECEPTION NO. 835254.
31. TERMS, CONDITIONS AND PROVISIONS OF GRANT OF UTILITY EASEMENT RECORDED APRIL 22, 2014
AT RECEPTION NO. 848457.
32. TERMS CONDITIONS AND PROVISIONS OF GARFIELD COUNTY RESOLUTION NO. 2014-20 RECORDED
APRIL 22, 2014 AT RECEPTION NO. 848461.
33. TERMS, CONDITIONS AND PROVISIONS OF LAND USE CHANGE PERMIT RECORDED JULY 15, 2015 AT
RECEPTION NO. 865355.
34. TERMS, CONDITIONS AND PROVISIONS OF EASEMENT RECORDED JULY 12 2013 AT RECEPTION NO.
837919 AND RE RECORDED JULY 25, 2013 AT RECEPTION NO. 838444.
35. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT
OF POWERS RANCH EXEMPTION PLAT RECORDED NOVEMBER 12, 2015 UNDER RECEPTION NO.
870370.
IF"
Land Title
C[:ARM.rF.f iRM1MHY
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LAND TITLE GUARANTEE COMPANY
DISCLOSURE STATEMENTS
Note: Pursuant to CRS 10-11-122, notice is hereby given that:
(A) The Subject real property may be located in a special taxing district.
(B) A certificate of taxes due listing each taxing jurisdiction will be obtained from the county treasurer of the county in
which the real property is located or that county treasurer's authorized agent unless the proposed insured provides
written instructions to the contrary. (for an Owner's Policy of Title Insurance pertaining to a sale of residential real
property).
(C) The information regarding special districts and the boundaries of such districts may be obtained from the Board of
County Commissioners, the County Clerk and Recorder, or the County Assessor.
Note: Effective September 1, 1997, CRS 30-10-406 requires that all documents received for recording or filing in the clerk
and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one half of
an inch. The clerk and recorder may refuse to record or file any document that does not conform, except that, the
requirement for the top margin shall not apply to documents using forms on which space is provided for recording or filing
information at the top margin of the document.
Note: Colorado Division of Insurance Regulations 8-1-2 requires that "Every title entity shall be responsible for all matters
which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for
recording or filing of legal documents resulting from the transaction which was closed". Provided that Land Title Guarantee
Company conducts the closing of the insured transaction and is responsible for recording the legal documents from the
transaction, exception number 5 will not appear on the Owner's Title Policy and the Lenders Policy when issued.
Note: Affirmative mechanic's lien protection for the Owner may be available (typically by deletion of Exception no. 4 of
Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following
conditions:
(A) The land described in Schedule A of this commitment must be a single family residence which includes a
condominium or townhouse unit.
(B) No labor or materials have been furnished by mechanics or material -men for purposes of construction on the land
described in Schedule A of this Commitment within the past 6 months.
(C) The Company must receive an appropriate affidavit indemnifying the Company against un -filed mechanic's and
material -men's liens.
(D) The Company must receive payment of the appropriate premium.
(E) If there has been construction, improvements or major repairs undertaken on the property to be purchased within six
months prior to the Date of Commitment, the requirements to obtain coverage for unrecorded liens will include:
disclosure of certain construction information; financial information as to the seller, the builder and or the contractor;
payment of the appropriate premium fully executed Indemnity Agreements satisfactory to the company, and, any
additional requirements as may be necessary after an examination of the aforesaid information by the Company.
No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed
to pay.
Note: Pursuant to CRS 10-11-123, notice is hereby given:
This notice applies to owner's policy commitments disclosing that a mineral estate has been severed from the surface
estate, in Schedule B-2.
(A) That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the
surface estate and that there is substantial likelihood that a third party holds some or all interest in oil, gas, other
minerals, or geothermal energy in the property; and
(B) That such mineral estate may include the right to enter and use the property without the surface owner's permission.
Note: Pursuant to CRS 10-1-128(6)(a), It is unlawful to knowingly provide false, incomplete, or misleading facts or
information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may
include imprisonment, fines, denial of insurance, and civil damages. Any insurance company or agent of an insurance
company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the
purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable
from insurance proceeds shall be reported to the Colorado Division of Insurance within the Department of Regulatory
Agencies.
Note: Pursuant to Colorado Division of Insurance Regulations 8-1-3, notice is hereby given of the availability of a closing
protection letter for the lender, purchaser, lessee or seller in connection with this transaction.
Land Title
C[:ARM.rF.f iRMIr v
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JOINT NOTICE OF PRIVACY POLICY OF
LAND TITLE GUARANTEE COMPANY,
LAND TITLE GUARANTEE COMPANY OF SUMMIT COUNTY
LAND TITLE INSURANCE CORPORATION AND
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
This Statement is provided to you as a customer of Land Title Guarantee Company as agent for Land Title Insurance
Corporation and Old Republic National Title Insurance Company.
We want you to know that we recognize and respect your privacy expectations and the requirements of federal and state
privacy laws. Information security is one of our highest priorities. We recognize that maintaining your trust and confidence is
the bedrock of our business. We maintain and regularly review internal and external safeguards against unauthorized
access to non-public personal information ("Personal Information").
In the course of our business, we may collect Personal Information about you from:
• applications or other forms we receive from you, including communications sent through TMX, our web -based
transaction management system;
• your transactions with, or from the services being performed by us, our affiliates, or others;
• a consumer reporting agency, if such information is provided to us in connection with your transaction;
and
• The public records maintained by governmental entities that we either obtain directly from those entities, or from our
affiliates and non -affiliates.
Our policies regarding the protection of the confidentiality and security of your Personal Information are as follows:
• We restrict access to all Personal Information about you to those employees who need to know that information in
order to provide products and services to you.
• We maintain physical, electronic and procedural safeguards that comply with federal standards to protect your
Personal Information from unauthorized access or intrusion.
• Employees who violate our strict policies and procedures regarding privacy are subject to disciplinary action.
• We regularly assess security standards and procedures to protect against unauthorized access to Personal
Information.
WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT
IS NOT PERMITTED BY LAW.
Consistent with applicable privacy laws, there are some situations in which Personal Information may be disclosed. We
may disclose your Personal Information when you direct or give us permission; when we are required by law to do so, for
example, if we are served a subpoena; or when we suspect fraudulent or criminal activities. We also may disclose your
Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is
needed to enforce our rights arising out of any agreement, transaction or relationship with you.
Our policy regarding dispute resolution is as follows: Any controversy or claim arising out of or relating to our privacy policy,
or the breach thereof, shall be settled by arbitration in accordance with the rules of the American Arbitration Association,
and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
* * * Commitment For Title Insurance
* %
Issued by Old Republic National Title Insurance Corporation
* NOTICE
* it IMPORTANT—READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE
* POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS
COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT.
THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION, OPINION OF TITLE, OR OTHER
REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING
ANY SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY, AND
CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED.
THE COMPANY'S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED IDENTIFIED IN SCHEDULE A IN
ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE
CONTENT OF THIS COMMITMENT TO ANY OTHER PERSON..
COMMITMENT TO ISSUE POLICY
Subject to the Notice; Schedule B, Part I—Requirements; Schedule B, Part II—Exceptions; and the Commitment Conditions, Old Republic National Title Insurance
Company, a Minnesota corporation (the "Company"), commits to issue the Policy according to the terms and provisions of this Commitment. This Commitment is
effective as of the Commitment Date shown in Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the
specified dollar amount as the Proposed Policy Amount and the name of the Proposed Insured. If all of the Schedule B, Part I—Requirements have not been met
within 6 months after the Commitment Date, this Commitment terminates and the Company's liability and obligation end.
COMMITMENT CONDITIONS
1. DEFINITIONS
(a)"Knowledge" or "Known": Actual or imputed knowledge, but not constructive notice imparted by the Public Records.
(b)"Land": The land described in Schedule A and affixed improvements that by law constitute real property. The term "Land" does not include any
property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues,
alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is to be insured by the
Policy.
(c)"Mortgage": A mortgage, deed of trust, or other security instrument, including one evidenced by electronic means authorized by law.
(d) "Policy": Each contract of title insurance, in a form adopted by the American Land Title Association, issued or to be issued by the Company pursuant
to this Commitment.
(e) "Proposed Insured": Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this Commitment.
(f) "Proposed Policy Amount": Each dollar amount specified in Schedule A as the Proposed Policy Amount of each Policy to be issued pursuant to this
Commitment.
(g)"Public Records": Records established under state statutes at the Commitment Date for the purpose of imparting constructive notice of matters
relating to real property to purchasers for value and without Knowledge.
(h)"Title": The estate or interest described in Schedule A.
2. If all of the Schedule B, Part I—Requirements have not been met within the time period specified in the Commitment to Issue Policy, Comitment terminates and
the Company's liability and obligation end.
3. The Company's liability and obligation is limited by and this Commitment is not valid without:
(a)the Notice;
(b)the Commitment to Issue Policy;
(c)the Commitment Conditions;
(d)Schedule A;
(e)Schedule B, Part I—Requirements; and
(f) Schedule B, Part II—Exceptions; and
(g)a counter -signature by the Company or its issuing agent that may be in electronic form.
4. COMPANY'S RIGHT TO AMEND
The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect, lien, encumbrance, adverse claim, or
other matter recorded in the Public Records prior to the Commitment Date, any liability of the Company is limited by Commitment Condition 5. The Company
shall not be liable for any other amendment to this Commitment.
5. LIMITATIONS OF LIABILITY
(a)The Company's liability under Commitment Condition 4 is limited to the Proposed Insured's actual expense incurred in the interval between the
Company's delivery to the Proposed Insured of the Commitment and the delivery of the amended Commitment, resulting from the Proposed Insured's
good faith reliance to:
i. comply with the Schedule B, Part I—Requirements;
ii. eliminate, with the Company's written consent, any Schedule B, Part II—Exceptions; or
iii. acquire the Title or create the Mortgage covered by this Commitment.
(b)The Company shall not be liable under Commitment Condition 5(a) if the Proposed Insured requested the amendment or had Knowledge of the matter
and did not notify the Company about it in writing.
(c)The Company will only have liability under Commitment Condition 4 if the Proposed Insured would not have incurred the expense had the
Commitment included the added matter when the Commitment was first delivered to the Proposed Insured.
(d)The Company's liability shall not exceed the lesser of the Proposed Insured's actual expense incurred in good faith and described in Commitment
Conditions 5(a)(i) through 5(a)(iii) or the Proposed Policy Amount.
(e)The Company shall not be liable for the content of the Transaction Identification Data, if any.
(f) In no event shall the Company be obligated to issue the Policy referred to in this Commitment unless all of the Schedule B, Part I—Requirements have
been met to the satisfaction of the Company.
(g)In any event, the Company's liability is limited by the terms and provisions of the Policy.
6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT
(a)Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment.
(b)Any claim must be based in contract and must be restricted solely to the terms and provisions of this Commitment.
(c)Until the Policy is issued, this Commitment, as last revised, is the exclusive and entire agreement between the parties with respect to the subject
matter of this Commitment and supersedes all prior commitment negotiations, representations, and proposals of any kind, whether written or oral,
express or implied, relating to the subject matter of this Commitment.
(d)The deletion or modification of any Schedule B, Part II—Exception does not constitute an agreement or obligation to provide coverage beyond the
terms and provisions of this Commitment or the Policy.
(e)Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by the Company.
(f) When the Policy is issued, all liability and obligation under this Commitment will end and the Company's only liability will be under the Policy.
7. IF THIS COMMITMENT HAS BEEN ISSUED BY AN ISSUING AGENT
The issuing agent is the Company's agent only for the limited purpose of issuing title insurance commitments and policies. The issuing agent is not the
Company's agent for the purpose of providing closing or settlement services.
8. PRO -FORMA POLICY
The Company may provide, at the request of a Proposed Insured, a pro -forma policy illustrating the coverage that the Company may provide. A pro -forma
policy neither reflects the status of Title at the time that the pro -forma policy is delivered to a Proposed Insured, nor is it a commitment to insure.
9. ARBITRATION
The Policy contains an arbitration clause. All arbitrable matters when the Proposed Policy Amount is $2,000,000 or less shall be arbitrated at the option of
either the Company or the Proposed Insured as the exclusive remedy of the parties. A Proposed Insured may review a copy of the arbitration rules at
http://www.alta.org/arbitration.
IN WITNESS WHEREOF, Land Title Insurance Corporation has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown
in Schedule A to be valid when countersigned by a validating officer or other authorized signatory.
Issued by:
Land Title Guarantee
Company
3033 East First Avenue Suite
600
Denver, Colorado 80206
303-321-1880
President
Old Republic National Title Insurance Company, a Stock
Company
400 Second Avenue South
Minneapolis, Minnesota 55401
(612)371-1111
Mark Bilbrey, President
Rande Yeager, Secretary
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Land Title Insurance Corporation. This Commitment is not valid without the
Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and Schedule B, Part II—Exceptions; and
a counter -signature by the Company or its issuing agent that may be in electronic form.
Copyright 2006-2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are
prohibited. Reprinted under license from the American Land Title Association.
Garfield County
STATEMENT OF AUTHORITY
Pursuant to C.R.S. §38-30-172, the undersigned executes this Statement of Authority on behalf of
CRC LLC , a limited liability company (corporation, limited
liability company, general partnership, registered limited liability partnership, registered limited liability
limited partnership, limited partnership association, government agency, trust or other), an entity other
than an individual, capable of holding title to real property (the "Entity"), and states as follows:
The name of the Entity is CRC LLC
and is formed under the laws of Colorado
The mailing address for the Entity is 13 Friday Lane, Chapel Hill, NC 27514
The name and/or position of the person authorized to execute instruments conveying, encumbering, or
otherwise affecting title to real property on behalf of the Entity is Barbara "Bobbi" Hapgood
The limitations upon the authority of the person named above or holding the position described above
to bind the Entity are as follows (if no limitations, insert "None"): None
Other matters concerning the manner in which the Entity deals with any interest in real property are (if
no other matter, leave this section blank):
EXECUTED this 28 day of February
, 2019
Signat4
Name (printed): r6 a r jaa
Title (if any): A.41.4e7r_
STATE OF NORTH CA-VbLINA— )
)SS.
COUNTY OFC12kt hE'
The foregoing instrument was acknowledged before me this b o day of 1 l./ , 20 19
by WrIZBA-per .1-Is-PCicD iT , on behalf of CRL, LLC. , a
Witness my hand and official seal.
My commission expires: off/ a 61 Lc.F I� O
(Date) C (Notary Public)
toil 1111
1. JO