Loading...
HomeMy WebLinkAbout1.0 Incomplete Application SubmittalRoaring Fork Ranch, LLC Limited Impact Review Processing and Material Handling Parcel ID# 2391-293-00-082 16704 Colorado State Highway 82 Garfield County, Colorado February 21, 2018 Prepared by: The Land Studio, Inc. 365 River Bend Way Glenwood Springs, CO 81601 Phone 970-927-3690 landstudio2@comcast.net Prepared for: Roaring Fork Ranch, LLC Joe Gebhardt 14297 Bonaire Circle Fort Myers, FL 33908 2 Table of Contents PRE-APPLICATION CONFERENCE SUMMARY .................................................................................... 3 APPLICATION FORM ........................................................................................................................... 12 OWNERSHIP INFORMATION ............................................................................................................... 16 PROPERTY OWNERS WITHIN 200’ AND MINERAL OWNERS AND LESSEES .................................. 17 BASIN DITCH CONTACT INFORMATION ............................................................................................ 18 ADJACENT PROPERTY OWNERS MAP ............................................................................................. 19 PROJECT DESCRIPTION ..................................................................................................................... 20 VICINITY MAP ...................................................................................................................................... 21 EXISTING CONDITIONS PHOTOS ....................................................................................................... 22 SITE PLAN............................................................................................................................................ 25 GRADING AND DRAINAGE PLAN ....................................................................................................... 25 IMPACT ANALYSIS .............................................................................................................................. 25 TRAFFIC STUDY .................................................................................................................................. 27 WATER SUPPLY AND DISTRIBUTION PLAN...................................................................................... 27 WASTEWATER MANAGEMENT AND SYSTEM PLAN ........................................................................ 27 DIVISION 1. GENERAL APPROVAL STANDARDS .............................................................................. 27 7-101. ZONE DISTRICT USE REGULATIONS ............................................................................... 27 7-102. COMPREHENSIVE PLAN AND INTERGOVERNMENTAL AGREEMENTS..................................... 28 7-103. COMPATIBILITY ............................................................................................................ 28 7-104. SOURCE OF WATER ..................................................................................................... 28 7-105. CENTRAL WATER DISTRIBUTION AND WASTEWATER SYSTEMS.......................................... 29 7-106. PUBLIC UTILITIES ......................................................................................................... 29 7-107. ACCESS AND ROADWAYS .............................................................................................. 29 7-108. USE OF LAND SUBJECT TO NATURAL HAZARDS ............................................................... 29 7-109. FIRE PROTECTION ........................................................................................................ 29 DIVISION 2. GENERAL RESOURCE PROTECTION STANDARDS. .................................................... 29 7-201. AGRICULTURAL LANDS.................................................................................................. 29 7-202. WILDLIFE HABITAT AREAS ............................................................................................. 29 7-203. PROTECTION OF WATERBODIES ..................................................................................... 30 7-204. DRAINAGE AND EROSION .............................................................................................. 30 7-205. ENVIRONMENTAL QUALITY ............................................................................................ 30 7-206. WILDFIRE HAZARDS ..................................................................................................... 30 7-207. NATURAL AND GEOLOGIC HAZARDS ............................................................................... 30 7-208. RECLAMATION ............................................................................................................. 30 DIVISION 3. SITE PLANNING AND DEVELOPMENT STANDARDS .................................................... 30 7-301. COMPATIBLE DESIGN.................................................................................................... 30 7-302. OFF-STREET PARKING AND LOADING STANDARDS ........................................................... 30 7-303. LANDSCAPING STANDARDS ........................................................................................... 31 7-304. LIGHTING STANDARDS .................................................................................................. 31 7-305. SNOW STORAGE STANDARDS........................................................................................ 31 7-306. TRAIL AND WALKWAY STANDARDS ................................................................................. 31 DIVISION 10. ADDITIONAL STANDARDS FOR INDUSTRIAL USES ................................................... 31 7-1001. INDUSTRIAL USE STANDARDS ...................................................................................... 31 EXHIBITS: .............................................................................................................................. 32 3 Pre-Application Conference Summary 1 Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-county.com PRE-APPLICATION CONFERENCE SUMMARY DATE: June 15, 2017 (Updated February 15, 2018 with no changes) TAX PARCEL NUMBER: 2391-293-00-082 PROJECT: Gebhardt Soil Hauling, Processing and Handling OWNER/APPLICANT: Joe Gebhardt REPRESENTATIVE: Doug Pratte PRACTICAL LOCATION: 16704 Highway 82, Carbondale, CO 81623 ZONING: Rural TYPE OF APPLICATION: Limited Impact Review – Processing, Material Handling I. GENERAL PROJECT DESCRIPTION The Applicant is seeking a Land Use Change Permit for the hauling of soil to the Gebhardt property, a 69.54 acre parcel located adjacent to Highway 82. Staff understands that the applicant would bring soil to the site from job sites primarily upvalley using dump trucks. At the site, the soil would be screened, sorted, or “processed” into different piles of rock, fill, and topsoil. Some of the material would stay on site for the creation of berms on the property. Other sorted soils would be trucked off the parcel to job sites throughout the region. These uses require a Limited Impact Review and a public hearing in front of the Board of County Commissioners. The Applicant does not propose any permanent facilities on the site and represented that there would not be any full-time employees on the site besides truck drivers for loading and unloading and a temporary operator to run the screening process. Trucks would access the site directly off of Highway 82 onto what the Applicant thought was a private road and then proceed to the parcel, the first property accessed off the private road. 4 2 II. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS Garfield County Land Use and Development Code, specifically sections: ƒ Limited Impact Review, Section 4-104 ƒ Common Review Procedures, Table 4-102 ƒ Submittal Requirements, Table 4-201 ƒ Description of Submittal Requirements, Section 4-203 ƒ Article 7, Standards: Division 1, 2, and 3 ƒ Section 7-1001, Industrial Uses Standards 5 3 III. SUBMITTAL REQUIREMENTS ƒ 4-203.B. General Application Materials ƒ Application Form and Fee ƒ Agreement to pay form ƒ Deed and Title Work ƒ Statement of Authority and/or letter of authorization if property is owned by an LLC ƒ List of mineral owners of record, including names and mailing addresses (see attached memo) ƒ 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. ƒ Project narrative ƒ Copy of this pre-application conference summary ƒ 4-203.C. Vicinity Map ƒ 4-203.D. Site Plan ƒ 4-203.E. Grading and Drainage Plan Note: Hydraulic and Hydrologic drainage calculations are required if 10,000 sq. ft. or more of impervious surface (including compacted soil) is created. ƒ 4-203.F. Landscape Plan Note: Industrial uses are exempt from landscaping standards. A waiver may be requested from this submittal requirement. ƒ 4-203.G. Impact Analysis ƒ 4-203.L. Traffic Study ƒ 4-203. M. Water Supply/Distribution Plan Note: If there are no employees proposed on-site, the applicant may not be required to provide a permanent source or water. Otherwise, the Applicant will need to demonstrate that there is a legal and adequate water supply for all uses it is serving. ƒ 4-203.N. Wastewater Treatment Plan Note: If there are no employees proposed to be on-site, the applicant may not be required to provide a wastewater/bathroom facility. The applicant should provide justification if a facility is not proposed. Otherwise, the applicant will need to demonstrate that the septic is legal and adequate for all uses it is serving. ƒ 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 6 4 of compliance. The Applicant shall supply additional materials to demonstrate compliance with Sections 7, Divisions 1, 2, and 3 and Section 7-1001. Note: The Applicant should submit a Noise Study that demonstrates compliance with Section 7-1001 (F) of the Land Use and Development Code. ƒ The Applicant should reply specifically to Table 7-107: Roadway Standards in the Land Use and Development Code, Article 7, with a statement addressing whether or not the roads and accesses from the State Highway to the Use meet those standards. If the roads do not meet these standards, the applicant may submit a waiver that is in conformance with Community Development Policy 01-14 Road Submittals and Waivers (attached to email). ƒ The Applicant represented that there is an agricultural ditch on the property. As part of the submittal the Applicant contact information for the Ditch Owner. Per the Land Use Code, the ditch owner shall be a referral. IV. REVIEW PROCESS The required review process for this use is a Limited Impact review. Please see the attached flowchart for a full description. V. PUBLIC HEARINGS AND NOTICE A public hearing in front of the Board of County Commissioners is required for a Limited Impact Review. Mailed Public Notice is required to be sent at least 30 days prior to public hearing to surrounding property owners within 200 feet of the subject property and all mineral owners of interest. Notice by Publication is required at least 30 days prior to the date of the scheduled hearing. Posting of Notice is required at least 30 days prior to the scheduled Public Hearing. Notice shall be consistent with sections 4-101 and 4-103 of the Land Use and Development Code. ____ None _____ Planning Commission __x__ Board of County Commissioners VI. REFFERALS Referral may include the following agencies: ƒ Garfield County Road and Bridge Department ƒ Garfield County Vegetation Manager ƒ Garfield County Consulting Engineer ƒ Fire Protection Districts ƒ Colorado Parks and Wildlife ƒ Colorado Department of Public Health and Environment ƒ Any other agency deemed appropriate upon review of the submittal ƒ Colorado Department of Transportation VII. APPLICATION REVIEW FEES This application will be subject to the following fees and deposit requirements: 7 5 Planning Review Fees: $ 400 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: $400 Disclaimer The foregoing summary is advisory in nature only and is not binding on the County. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. This summary does not create a legal or vested right. This pre-application summary is only valid for a period of 6 months. Application Submittal – Public Information The Applicant is advised that the Application submittal once accepted by the County becomes public information and will be available (including electronically) for review by the public. Proprietary information can be redacted from documents prior to submittal. Pre-application Summary Prepared by: June 26, 2018 Patrick Waller, Senior Planner Date 8 6 Community Wildfire Plan – Susceptibility Index 9 7 10 8 11 9 12 Application Form Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-county.com LAND USE CHANGE PERMIT APPLICATION FORM TYPE OF APPLICATION … Administrative Review … Location and Extent Review … Limited Impact Review … Development in 100-Year Floodplain … Major Impact Review … Designation of Flood Fringe/Floodway … Amendments to an Approved LUCP LIR MIR SUP … Rezoning Zone District PUD PUD Amendment … Minor Temporary Housing Facility … ULUR Text Amendment … Vacation of a County Road/Public ROW … Appeal of Administrative Interpretation … Pipeline Development … 1041 Regulations … Comprehensive Plan Amendment Major Minor … Variance … Time extension INVOLVED PARTIES Owner/Applicant Name: ________________________________________________ Phone: (______)_________________ Mailing Address: ______________________________________________________________________ City: _______________________________________ State: _______ Zip Code: ____________________ E-mail:_______________________________________________________________________________ Representative (Authorization Required) Name: ________________________________________________ Phone: (______)_________________ Mailing Address: ______________________________________________________________________ City: _______________________________________ State: _______ Zip Code: ____________________ E-mail:_______________________________________________________________________________ PROJECT NAME AND LOCATION Project Name: _____________________________________________________________________________________ Assessor’s Parcel Number: ___ ___ ___ ___ - ___ ___ ___ - ___ ___ - ___ ___ ___ Physical/Street Address: ________________________________________________________________ Legal Description: ______________________________________________________________________ _____________________________________________________________________________________ Zone District: ___________________________________ Property Size (acres): __________________ ■ Cathy Gebhardt 970 456-5477 14927 Bonaire Cr. Ft. Meyers FL 330908 jpg@huntercreekgroup.com The Land Studio, Inc, (Doug Pratte)970 927-3690 365 River Bend Way Glenwood Springs CO 81601 landstudio2@comcast.net Roaring Fork Ranch, LLC Soil Processing operation 2391-293-00-082 16704 Highway 82, Carbondale, CO 81623 See attached Title Commitment Rural 73.009 13 14 15 16 Ownership Information 4-203.B.2 See Title Commitment attached as an Exhibit to this document. 17 Property Owners within 200’ and Mineral Owners and Lessees 4-203.B Garfield County Land Explorer Parcel Physical Address Owner Account Num Mailing Address 239129300082 16704 82 HWY CARBONDALE CHRISTIAN, EVAN RUSSELL R011062 101 S MILL STREET ASPEN, CO 81611 239129300278 555 CREST POINTE DR CARBONDALE HOCKNELL, JOEL R044738 PO BOX 1477 BASALT, CO 81621 239129305025 888 SCHOONER LN CARBONDALE BROWN, DAVID PHILIP & STEPHANIE MASON TRUST R008800 PO BOX 91 ASPEN, CO 81612 239129305026 SCHOONER LN CARBONDALE MANCHESTER, GARY P & JEANE M R008801 1720 WAZEE #5D DENVER, CO 80202 239129305027 770 SCHOONER LN CARBONDALE KAUFMAN, CURTIS & JILL R008802 2260 EAST MAPLE AVENUE EL SEGUNDO, CA 90245 239131100013 16411 82 HWY CARBONDALE CERISE, OSCAR & WILMA R111311 0086 COUNTY ROAD 104 CARBONDALE, CO 81623 239132102052 33 CERISE RANCH RD CARBONDALE CERISE, DENNIS & CERISE, DENNIS AS CUSTODIAN TO THE FOLLOWING R007147 16724 HIGHWAY 82 CARBONDALE, CO 81623 239132102054 129 SUNFLOWER LOOP CARBONDALE ARGUETA CABRERA, ISMAEL & ELIDA R007149 129 SUNFLOWER LOOP CARBONDALE, CO 81623 239132102055 22 SUNFLOWER LOOP CARBONDALE HIGH CHAPARRAL PROPERTIES, LLC R007150 8900 HEATHERWOOD COURT POTOMAC, MD 20854 239132102056 195 SUNFLOWER LOOP CARBONDALE GRESSERT, TODD JAMES & HOLLY H R007151 195 SUNFLOWER LOOP CARBONDALE, CO 81623 239132200003 16543 82 HWY CARBONDALE ASPEN WALDORF FOUNDATION R111443 16543 HIGHWAY 82 CARBONDALE, CO 81623 239132200006 16695 82 HWY CARBONDALE WOOD, BRUCE L & PAMELA A R011477 85 PARKSIDE LANE CARBONDALE, CO 81623 239132200025 16704 82 HWY CARBONDALE ULRYCH, JULIAN A R011059 226 S 2ND STREET CARBONDALE, CO 81623 239132200026 16704 82 HWY CARBONDALE MID VALLEY BAPTIST CHURCH R011060 16472 HIGHWAY 82 CARBONDALE, CO 81623 239132200030 16476 82 HWY CARBONDALE TORNARE, RENE R011061 PO BOX 39 ASPEN, CO 81612 239132200031 16478 82 HWY CARBONDALE CALDWELL, JAMES MATTHEW R011611 PO BOX 725 CARBONDALE, CO 81623 239132200039 16706 82 HWY CARBONDALE SKINNER, AMY L R111523 16706 HIGHWAY 82 CARBONDALE, CO 81623 239132200040 16702 82 HWY CARBONDALE VOGELMAN, KURT E REVOCABLE TRUST R111524 PO BOX 806 EDWARDS, CO 81632-0806 239132200046 16724 82 HWY CARBONDALE CERISE, DENNIS N & PATRICIA E R111827 16724 HIGHWAY 82 CARBONDALE, CO 81623 239132200047 16613 82 HWY CARBONDALE SCHUTTER, NANCY R112080 16613 HWY 82 CARBONDALE, CO 81623- 9550 239132200052 Not available CARBONDALE SNOW COUNTRY INVESTMENTS II, LLC R083562 PO BOX 650 BASALT, CO 81621 239132201001 16615 82 HWY CARBONDALE HIRE, PHYLLIS F TRUSTEE R112112 619 LINDA STREET, SUITE 200 ROCKY RIVER, OH 44116 ROW Not available null 18 Mineral Interest Owners The following Process was followed in November 2017: 1. Review of the current ownership deed for the property for mineral interests or exceptions to title. 2. Review of a title insurance policy (see below) 3. Checked with the Assessor’s office to determine no mineral interest has been reserved from the subject property. 4. Research of the legal description of the property with the Clerk and Recorder’s computer, no other mineral owners found. 5. Research of whether a Notice of Mineral Estate Ownership was filed for the subject property, no documents found. 6. Research of any transfer deed of the mineral interest to present day. An undivided (2/3) interest in oil, gas and other mineral rights, as reserved by Floyd A. Johnson and Katherine A. Johnson in the Deed to John R. Carlson and Portia A. Carlson, recorded November 14, 1960 in Book 331 at Page 65, and any and all assignments thereof or interests therein. Basin Ditch Contact Information Jim Pitts 485 County Road 112 Carbondale, CO 81623 (970) 963-0950 19 Adjacent Property Owners Map 4-203.B Garfield County, Colorado Printed: 10/5/2017 at 3:26:48 PM Disclaimer This is a compilation of records as they appear in the Garfield County Offices affecting the area shown. This drawing is to be used only for reference purposes and the County is not responsible for any inaccuracies herein contained. Garfield County Land Explorer Copyright Garfield County, Colorado | All Rights Reserved© Garfield County Land Explorer ¬1 inch = 1,505 feet 1 inch = 0.28 miles 0 0.4 0.80.2 Miles Garfield County Colorado Garfield County Colorado www.garfield-county.com Garfield County Printed by Web User 20 Project Description 4-203.B The Applicant is requesting a land use change permit for the processing and handling of soil at the Roaring Fork Ranch, LLC property, a 73.009-acre parcel located at 16704 Colorado State Highway 82 on Garfield County Parcel # 2391-293-00-082. This soil processing and handling activity will occur on approximately 2 acres of the 73.009-acre parcel. The Applicant will haul soil to the site primarily from upper Roaring Fork Valley job sites using dump trucks. At the site, the soil would be screened, sorted, or “processed” into different piles of rock, fill, and topsoil. Some of the material will stay on site for the creation of berms on the property. Other sorted soils would be trucked off the parcel to job sites throughout the region. The Applicant does not propose any permanent facilities on the site and there will not be any full-time employees on site. A part-time employee will be available on site as activity demands. Hours of operation will be weekdays 8:00 am to 5:00 pm. The noise assessment from Hankard Environmental includes hours of operation from 7:00 am to 7:00 pm, however, the Applicant agrees to restrict activity to the weekday hours of 8:00 am to 5:00 pm. Daily operations will be variable as trucks will be importing material and/or exporting material as the market allows. Equipment used for the soil processing and handling will include: Receiving end: Bulldozer Loading end: Loader Processing: Track Hoe and Loader Sorting: (Boulders, etc.), Track hoe and Loader Topsoil Processing: Topsoil Screener – Reed RD90 Trucks will access the site directly off Highway 82 onto the Applicant’s private road and then proceed to the soil processing and handling location. A Site/Landscape Plan for this facility is included as an Exhibit to this document. The Applicant is estimating 6-10 round-trip visits to the site per day (total of 12-20 ADT) by single-axle and double-axle dump trucks. High Country Engineering has provided a Traffic Study that is also attached as an Exhibit. 21 Vicinity Map 4-203.C Garfield County, Colorado Printed: 10/6/2017 at 11:18:50 AM Disclaimer This is a compilation of records as they appear in the Garfield County Offices affecting the area shown. This drawing is to be used only for reference purposes and the County is not responsible for any inaccuracies herein contained. Garfield County Land Explorer Copyright Garfield County, Colorado | All Rights Reserved© Garfield County Land Explorer ¬1 inch = 3,009 feet 1 inch = 0.57 miles 0 0.8 1.60.4 Miles Garfield County Colorado Garfield County Colorado www.garfield-county.com Garfield County Printed by Web User Applicant Parcel Aspen Equestrian Estates Cerise Ranch Hwy. 82 22 Existing Conditions Photos Lower 24-acre portion of property Existing horse coral area near Highway 82 23 Lower 24-acre portion with 49-acre hillside beyond Existing Horse coral area, future berm location 24 Looking west toward adjacent property Looking east toward adjacent property 25 Site Plan 4-203.D A Site/Landscape Plan is included as an Exhibit to this Application. Grading and Drainage Plan 4-203.E Grading and Irrigation Improvement Plans have been prepared by High County Engineering and are included as an Exhibit to this Application. Landscape Plan 4-203.F A Site/Landscape Plan is included as an Exhibit to this Application. Impact Analysis 4-203.G 1. Adjacent Land Use. Existing use of adjacent property and neighboring properties within 1,500-foot radius. The site is located in an area of rural parcels ranging in size from 2 acres to 40 acres in size. The proposed land use will not change the size of the parcel, which is 73.009 acres, though it will reside on only two acres of the property. The neighboring properties contain a variety of uses including agricultural and residential. See attached map for Adjacent Land Owners. 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. The site contains some native vegetation and steep slopes on the upper undevelopable hillside, which will remain undisturbed. No extreme topography and very little native vegetation exists within the proposed soil processing location. 3. Soil Characteristics. A description of soil characteristics of the site that have a significant influence on the proposed use of the land. Soil type within the site is Atencio-Azeltine complex. This hydrologic group B soil is described as deep and well drained. The soil is formed in alluvium derived dominantly from sandstone and shale. Permeability is moderate, 26 and water capacity is low. Runoff is slow, and the hazard of erosion is slight. The proposed earthen berms will be properly compacted and equipped with adequate stabilization measures to prevent soil failure of the side slopes from occurring, in accordance with the civil engineer’s recommendations on the grading plan. This site has been disturbed over the years by previous fill operations, horse corrals and a riding arena. The proposed plan will improve the topography and visual characteristics of the site. No structure is proposed as part of this Application. 4. Geology and Hazard. A description of 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. The GIS mapping identifies part of this parcel as Moderate Soils related Hazard, more specifically on the upper undevelopable portion. No structure or in-ground septic has been proposed for this project. 5. Groundwater and Aquifer Recharge Area. 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. No OWTS is proposed as part of this Application. A Storm Water Management Plan has been prepared and is included as an Exhibit to this Application. Please refer to the SWMP for Best Management Practices related to surface runoff and water quality protection. 6. Environmental impacts. Determination of the existing environmental conditions on the parcel to be developed and the effects of development on those conditions. Existing environmental conditions on this site have been created by disturbance over the years from previous fill operations, horse corrals and a riding arena. The Applicant will improve environmental conditions and the visual character of the property by cleaning up the existing soils and adding earthen berms followed by revegetation of the site per the Site/Landscape Plan included as an Exhibit to this Application. 7. Nuisance. Impacts on adjacent land from generation of vapor, dust, smoke, noise, glare or vibration or other emanations. The Applicant will provide dust control with a water tanker sprayer and/or a spray bar. The 3,500-gallon water truck will be filled off site and transported to the property. 27 An Assessment of Noise produced by the proposed Soil Processing has been completed by Hankard Environmental and is included as an Exhibit to this document. Based on the analysis, noise emissions for the Project are expected to comply with all applicable noise standards provided the recommended berms are constructed as proposed. 8. Hours of Operation. The Applicant shall submit information on the hours of operation of the proposed use. The proposed Hours of Operation will be weekdays 8:00 am to 5:00 pm with closures for Holidays. Traffic Study 4-203.L A Traffic Report has been completed by High Country Engineering and is included as an Exhibit to this Application. The following is a conclusion of the report: Based on the trip generation forecasts, the soil processing and handling are not anticipated to have negative impacts on Colorado State Highway 82 or the nearby County roadways. The noted increase in traffic represents a minor net increase of 14 percent above the average daily traffic trip levels for the existing onsite private roadway and a negligible net increase of 0.1 percent above the average daily traffic trip levels for Colorado State Highway 82. Water Supply and Distribution Plan 4-203.M No full-time employees will be on site with this Soils Processing operation therefore no permanent water supply is proposed. Wastewater Management and System Plan 4-203.N No full-time employees will be on site with this Soils Processing operation therefore no permanent wastewater system has been proposed. Division 1. General Approval Standards 7-101. Zone District Use Regulations The proposed soil processing and handling facility resides within two acres of the 73.009-acre Roaring Fork Ranch. LLC property, which is zoned Rural. The lot size will not change, and no structures are proposed with this Application. Setbacks for the proposed soil processing and handling facility will comply with the setbacks in Division 10. Additional Standards for Industrial Uses. 28 7-102. Comprehensive Plan and Intergovernmental Agreements The future land use designation in the Garfield County 2030 Comprehensive Plan of this property is divided into two areas with 49 acres designated as Residential Low, RL (10 Acres/DU) and 24 acres designated as Residential Medium, RM (6-10 acres/DU). No subdivision of the existing 73.009-acre parcel is proposed by this Application. Plan Element Goals from the Garfield County Comprehensive Plan: Housing: No structure or housing is proposed as part of this Application. Transportation: The proposed use for this property will not create a need for public transportation as the activity does not propose any permanent on site employees. Recreation, Open Space, and Trails: This property does not contain public access to trails. Agriculture: Existing environmental conditions on this site have been created by disturbance over the years by previous fill operations, horse corrals and a riding arena. No agriculture activities currently exist in the two-acre soil processing and handling facility area. The Applicant will improve environmental conditions and visual character by cleaning up the existing soils and adding earthen berms followed by revegetation of the site. Water and Sewer Services: No full-time employees will be on site with this soil processing and handling operation therefore no permanent water supply or wastewater system is proposed. Natural Resources: It is the intent of the Applicant to clean up and revegetate the property, which has been in a state of neglect for some time. Very little natural vegetation exists on the lower 24 acres. The upper 49 acres contain steep slopes and native vegetation, which will remain undisturbed. Mineral Extraction: No mineral extraction is proposed with this Application. 7-103. Compatibility The proposed soil processing use will allow for the clean-up of this previously disturbed site containing poor environmental conditions. The creation of earthen berms followed by their revegetation will improve the visual character for the neighborhood. The proposed Vehicle Trips per day (12-20 ADT) will create less traffic than the use of 2 single family residences (20 ADT) on the 73-acre parcel. This Application does not propose any subdivision of the 73-acre parcel. 7-104. Source of Water See section 4-203.M. 29 7-105. Central Water Distribution and Wastewater Systems See section 4-203.N. 7-106. Public Utilities No structure requiring public utilities is proposed with this Application. 7-107. Access and Roadways Access to the site is directly from Colorado State Highway 82 onto a private road owned by the Applicant. The Applicant proposes to improve the geometrics of the first 500 feet of the existing private roadway in order to comply with applicable “Rural Access” roadway standards. With the roadway improvements the access road for the Soil Processing Area will meet all County Roadway Standards with the exception of the Minimum Right of Way Width, however, the road is a private road owned by the Applicant and it resides on the Applicants property. A Roadway Evaluation completed by High Country Engineering is included as an Exhibit to this Application. 7-108. Use of Land Subject to Natural Hazards The site contains some native vegetation and steep slopes on the upper undevelopable hillside. This hillside will remain undisturbed. No extreme topography and very little native vegetation exists within the proposed soil processing and handling location. 7-109. Fire Protection The Applicant agrees to maintain vegetation control on the property to minimize potential impacts from wildfire following State Forest Service guidelines for defensible space. The lower 24 acres are mapped as NR and will have no proposed structure. The upper 49 acres will remain as native vegetation and are mapped as very high fire danger, however no development or disturbance is proposed for that area. Division 2. General Resource Protection Standards. 7-201. Agricultural Lands The proposed soil processing and handling operation will have no adverse effect on surrounding Agricultural Operations. The Storm Water Management Plan prepared by High Country Engineering has addressed drainage and runoff issues that might impact surrounding land use. 7-202. Wildlife Habitat Areas There will be no impact to native vegetation for the upper 49 acres utilized by wildlife. The lower 24 acres are nearly void of native vegetation due to previous disturbance. The proposed site reclamation and berms with revegetation will enhance the lower area for potential wildlife. 30 7-203. Protection of Waterbodies The Storm Water Management Plan has addressed Best Management Practices to be implemented on the site for water runoff and detention. The Storm Water Management Plan is included as an Exhibit to this document. 7-204. Drainage and Erosion Grading and Drainage plans as well as a Storm Water Management Plan have been prepared as part of this Application and are included as Exhibits to this document. 7-205. Environmental Quality The soil processing and handling facility does not propose to have substantial temporary or long-term adverse effect on noise, air pollution, odors, or waste- generation. An Assessment of Noise for the proposed Soil Processing Facility has been completed by Hankard Environmental and is included as an Exhibit to this Application. 7-206. Wildfire Hazards The lower 24 acres are mapped as NR and will have no proposed structure, the upper 49 acres will remain as native vegetation and are mapped as very high fire danger however no development or disturbance is proposed for that area. The Applicant agrees to maintain vegetation control on the property to minimize any potential impacts from wildfire following State Forest Service guidelines for defensible space. 7-207. Natural and Geologic Hazards The GIS mapping identifies the northern area of this parcel as Moderate Soils Related Hazard on the upper undevelopable portion. Steep slopes also exist on the upper portion; however no development or disturbance is proposed for this area. 7-208. Reclamation The Applicant proposes to begin reclamation of the lower 24-acre site with clearing and grubbing to remove organics followed by grading of the proposed berms and installation of an updated irrigation culvert under the private road. Revegetation of the berms will then follow as shown on the Site/Landscape Plan included with this Application. Division 3. Site Planning and Development Standards 7-301. Compatible Design The proposed soil processing and handling use will allow for the cleanup of this previously disturbed site containing poor environmental conditions. The creation of earthen berms followed by their revegetation will improve the visual character for the neighborhood. The proposed Vehicle Trips per day (12-20 ADT) will create less traffic than 2 single family residences (20 ADT) on the 73-acre parcel. This Application does not propose any subdivision of land. 7-302. Off-Street Parking and Loading Standards There will be no proposed structure with this Application therefore no specific off-street parking area will be designated, however, as a portion of this property will be used for soil processing there will be an area large enough to accommodate turning room for 31 trucks and heavy equipment on the south end of the property as the construction of berms occurs. Please refer to the grading plan attached as an Exhibit to this document. 7-303. Landscaping Standards A Site/Landscape Plan has been included as an Exhibit to this Application. 7-304. Lighting Standards The Applicant agrees to the exterior lighting standards as required by the Garfield County Land Use Code. 7-305. Snow Storage Standards The Applicant has areas sufficient to store snow without impacting off-street parking or public roadways. 7-306. Trail and Walkway Standards No recreational or community facilities are applicable for the propose soil processing and handling use. Division 10. Additional Standards for Industrial Uses 7-1001. Industrial Use Standards A. Residential Subdivisions This Application is not on property platted as a residential Subdivision. B. Setbacks The proposed 2-acre soil processing and handling site is located 165 feet from the nearest residential property line to the east. C. Concealing and Screening Extensive berms and landscaping have been proposed as screening for both noise and visual impacts of proposed operations from adjacent properties. Please refer to the Site/Landscape plan included as an Exhibit to this Application. D. Storing No hazardous products will be stored on this property. The Applicant will provide dust control with a water tanker sprayer and/or a spray bar. The 3,500- gallon water truck will be filled off site and transported to the property. E. Industrial Wastes No hazardous materials or flammable or explosive solids or gases and will be stored on this property as part of the proposed soil processing and handling use. 32 F. Noise An Assessment of Noise produced by the proposed Soil Processing has been completed by Hankard Environmental and is included as an Exhibit to this document. Based on the analysis, noise emissions for the Project are expected to comply with all applicable noise standards provided the recommended berms are constructed as proposed. G. Ground Vibration The Applicant agrees to the limits of ground vibration at any point along the boundary line of the property. H. Hours of Operation The Applicant has proposed Hours of Operation to be weekdays 8:00 am to 5:00 pm. I. Interference, Nuisance, or Hazard The Applicant does not propose any use of items that will create glare, flaring of gases, or reflective materials. Use of dust control measures and berms as mentioned above will be in place to offset any nuisance to adjoining properties. Exhibits: Title Commitment Hankard Environmental Noise Study Traffic Analysis Report Roadway Analysis Report Storm Water Management Plan Existing Conditions Map Grading and Drainage Plan Site Plan/Landscape Plan C O M M I T M E N T f o r T I T L E I N S U R A N C E issued by as agent for WESTCOR LAND TITLE INSURANCE COMPANY Reference: Commitment Number: 0600778-C2 Commitment Ordered By: Ryan Jarvis Beattie, Chadwick & Houpt, LLP 932 Cooper Ave Glenwood Springs, CO 81601 Phone: 970-945-8659 Fax: email: rjarvis@bch-law.com Inquiries should be directed to: Mary Scheurich Title Company of the Rockies 1620 Grand Avenue Bldg Main Floor 1 Glenwood Springs, CO 81601 Phone: 970-945-1169 Fax: 844-269-2759 email: MScheurich@titlecorockies.com Reference Property Address: 16704 Highway 82, Carbondale, CO 81623 SCHEDULE A 1. Effective Date: March 16, 2017, 7:00 am Issue Date: March 31, 2017 2. Policy (or Policies) to be issued: ALTA Owner's Policy (6-17-06) Policy Amount: $650,000.00 Premium: $1,676.00 Proposed Insured: Roaring Fork Ranch, LLC 3. The estate or interest in the Land described or referred to in this Commitment is: Fee Simple and Title to said estate or interest is at the Effective Date vested in: Cathy Gebhardt 4. The Land referred to in this Commitment is located in the County of Garfield, State of Colorado, and is described as follows: FOR LEGAL DESCRIPTION SEE SCHEDULE A CONTINUED ON NEXT PAGE LEGAL DESCRIPTION The Land referred to herein is located in the County of Garfield, State of Colorado, and described as follows: PARCEL A: S1/2 SE1/4 SW1/4 AND E1/2 S1/2 SW1/4 SW1/4 OF SECTION 29, AND A PARCEL OF LAND SITUATED IN LOT 3 AND PART OF LOTS 4, 5 AND 6, LYING NORTHERLY OF THE NORTHERLY RIGHT-OF-WAY LINE OF STATE HIGHWAY NO.82 AND NORTHERLY AND WESTERLY OF A FENCE AS CONSTRUCTED AND IN PLACE; ALL IN SECTION 32, TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE SIXTH PRINCIPAL MERIDIAN, SAID PARCEL OF LAND IS DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTHERLY LINE OF SAID SECTION 32, 227.26 FEET EASTERLY OF THE TRUE POSITION FOR THE SECTION CORNER COMMON TO SECTIONS 29, 30, 31 AND 32, WHENCE A ROCK FOUND IN PLACE AND PROPERLY MARKED FOR THE WITNESS CORNER FOR SAID SECTIONS BEARS S. 89°44'00" W., 660.00 FEET; THENCE FROM THE TRUE POSITION OF SAID CORNER N. 89°51'26" E. 2505.33 FEET TO THE NORTH QUARTER CORNER OF SAID SECTION 32: THENCE S. 00°50'26" W. 693.89 FEET ALONG THE NORTH-SOUTH CENTERLINE OF SAID SECTION 32 TO A POINT ON THE NORTHERLY LINE OF LOT 7 OF SAID SECTION 32; THENCE N. 82°38'00" W. 641.04 FEET ALONG THE NORTHERLY LINE OF SAID LOT 7 BEING A COMMON LINE WITH SAID LOT 3; THENCE S. 01°40'00" W. 480. 27 FEET ALONG THE COMMON LOT LINE OF SAID LOTS 3 AND 7; THENCE LEAVING SAID LOT LINE N. 72°44'37" W. 94.27 FEET; THENCE N. 77°15'09" W. 71.46 FEET; THENCE N. 89°37'10" W. 45.20 FEET; THENCE N. 78°10'15" W. 70.00 FEET; THENCE N. 10°10'40" W. 77.32 FEET; THENCE N. 88°20'00" W. 294.07 FEET; THENCE S. 01°40'00" W. 484.28 FEET; THENCE S. 14°04'14" W. 117.72 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY OF SAID STATE HIGHWAY NO. 82; THENCE N. 79°59'37" W. 704.98 FEET ALONG THE NORTHERLY RIGHT-OF-WAY LINE OF STATE HIGHWAY NO. 82 TO A POINT IN A FENCE RUNNING IN A NORTHERLY DIRECTION; THENCE N. 00°33'36" W. 684.40 FEET ALONG SAID FENCE; THENCE N. 01°36'00" W. 43.77 FEET ALONG SAID FENCE; THENCE N. 03°34'31" W. 79.03 FEET ALONG SAID FENCE; THENCE N. 00°00'38" E. 208.86 FEET ALONG SAID FENCE; THENCE N. 61°12'52" W. 238.22 FEET ALONG SAID FENCE; THENCE N. 89°47'01" W. 303.56 FEET; THENCE N. 00°17'49" W. 438.67 FEET TO A POINT ON THE NORTHERLY LINE OF SAID SECTION 32, THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM THOSE PORTIONS CONVEYED BY DOCUMENTS, RECORDED AS RECEPTION NUMBERS: 288088, 298039, 299341, 299342, 314989, 316866, 435955, 376033 AND 480887. ALSO EXCEPTING THE FOLLOWING PARCEL: A TRACT OF LAND SITUATED IN LOTS 4 AND 5 OF SECTION 32 , TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE 6TH PRINCIPLE MERIDIAN, GARFIELD COUNTY, COLORADO, LYING SOUTHERLY OF AND ADJACENT TO THE NORTHERLY BOUNDARY LINE OF SAID LOT 4 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTHERLY BOUNDARY LINE OF SAID LOT 4 WHENCE A STONE FOUND IN PLACE FOR THE WITNESS CORNER TO THE NORTHWEST CORNER OF SAID SECTION 32 BEARS S. 89°49'14" W. 1538.55 FEET; THENCE N. 89°49'14" E. 540.23 FEET ALONG THE NORTHERLY BOUNDARY LINE OF SAID LOT 4; THENCE SOUTH 697.31 FEET; THENCE WEST 30.00 FEET TO A POINT ON THE CENTERLINE OF A ROAD AS BUILT AND IN PLACE; THENCE ALONG SAID CENTERLINE ON THE FOLLOWING FIVE (5) COURSES: N. 80°15'16" W. 149.04 FEET; THENCE N. 86°26'05" W. 48.47 FEET; THENCE N. 76°47'42" W. 91.34 FEET; THENCE N. 79°24'25" W. 72.98 FEET; THENCE N. 80°10'00" W. 41.59 FEET TO A POINT IN A FENCE AS BUILT AND IN PLACE; THENCE N. 00°00'38" E 70.21 FEET ALONG SAID FENCE; THENCE N. 61°12'52" W. 238.22 FEET ALONG SAID FENCE TO A POINT ON THE SOUTHERLY BOUNDARY LINE OF A PARCEL OF LAND DESCRIBED IN A DEED RECORDED AS RECEPTION NO. 316866 OF THE GARFIELD COUNTY, COLORADO RECORDS; THENCE EAST 196.64 FEET ALONG SAID SOUTHERLY BOUNDARY LINE TO A POINT ON THE WESTERLY BOUNDARY LINE OF A PARCEL OF LAND DESCRIBED IN A DEED RECORDED AS RECEPTION NO. 314989 OF SAID GARFIELD COUNTY RECORDS; THENCE SOUTH 90.00 FEET ALONG SAID WESTERLY BOUNDARY LINE TO THE SOUTHWEST CORNER OF SAID PARCEL OF LAND DESCRIBED IN RECEPTION NO. 314989; THENCE EAST 200.00 FEET ALONG THE SOUTHERLY BOUNDARY LINE OF SAID PARCEL OF LAND DESCRIBED IN RECEPTION NO. 314989; THENCE ALONG THE EASTERLY BOUNDARY LINE OF SAID PARCEL OF LAND DESCRIBED IN RECEPTION NO. 314989 ON THE FOLLOWING TWO (2) COURSES: NORTH 90.00 FEET; THENCE N. 12°57'26" W. 451.24 FEET TO THE POINT OF BEGINNING. Commitment No. 0600778-C2 Schedule B-I Requirements Alta Commitment - 2006 Schedule B-I Requirements COMMITMENT FOR TITLE INSURANCE SCHEDULE B - SECTION I REQUIREMENTS THE FOLLOWING ARE THE REQUIREMENTS TO BE COMPLIED WITH: Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to wit: 1. Deed from Cathy Gebhardt to Roaring Fork Ranch, LLC. NOTE: Duly executed real property transfer declaration, executed by either the Grantor or Grantee, to accompany the Deed mentioned above, pursuant to Article 14 of House Bill No. 1288- CRA 39-14-102. The Owner's Policy, when issued, will not contain Exceptions No. 1, 2, 3 and 4, provided that: (A) The enclosed form of indemnity agreement or final affidavit and agreement is properly executed and acknowledged by the party(ies) indicated and returned to the Company or its duly authorized agent, (B) The Company or its duly authorized agent receives and approves an ALTA survey properly certified by a registered surveyor or engineer, and (C) Applicable scheduled charges in the amount of $75.00 are paid to the Company or its duly authorized agent. EXCEPTION NO. 5 UNDER SCHEDULE B, SECTION 2 OF THIS COMMITMENT WILL NOT APPEAR IN THE POLICY OR POLICIES TO BE ISSUED PURSUANT HERETO, PROVIDED THAT (A) THE DOCUMENTS CONTEMPLATED BY THE REQUIREMENTS SET FORTH IN SCHEDULE B, SECTION 1 OF THIS COMMITMENT ARE SUBMITTED TO AND APPROVED AND RECORDED BY THE COMPANY OR ITS DULY AUTHORIZED AGENT, AND (B) AN EXAMINATION OF THE RECORDS IN THE OFFICE OF THE CLERK AND RECORDER FOR garfield COUNTY, COLORADO BY THE COMPANY OR ITS DULY AUTHORIZED AGENT DISCLOSES THAT NO DEFECTS, LIENS, ENCUMBRANCES, ADVERSE CLAIMS OR OTHER MATTERS HAVE BEEN RECORDED IN SUCH RECORDS SUBSEQUENT TO THE EFFECTIVE DATE HEREOF. Commitment No. 0600778-C2 Schedule B-II Exceptions Alta Commitment - 2006 Schedule B-II Exceptions COMMITMENT FOR TITLE INSURANCE SCHEDULE B - SECTION II EXCEPTIONS Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company. Any loss or damage, including attorney fees, by reason of the matters shown below: 1. Any facts, right, interests, or claims which are not shown by the Public Records but which could be ascertained by an inspection of said Land or by making inquiry of persons in possession thereof. 2. Easements or claims of easements, 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. 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. Right of the Proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted, as reserved in United States Patent recorded January 18, 1911 in Book 73 at Page 37 and May 2, 1923 in Book 73 at Page 167. 8. Right of way for ditches or canals constructed by the authority of the United States, as reserved in United States Patent recorded January 18, 1911 in Book 73 at Page 37 and May 2, 1923 in Book 73 at Page 167. 9. Any and all water and water rights, reservoir and reservoir rights, ditches and ditch rights, and the enlargements and extensions thereof, and all laterals, flumes and headgates used in connection therewith. 10. An undivided (2/3) interest in oil, gas and other mineral rights, as reserved by Floyd A. Johnson and Katherine A Johnson in the Deed to John R. Carlson and Portia A. Carlson, recorded November 14, 1960 in Book 331 at Page 65, and any and all assignments thereof or interests therein. 11. Restrictions, which do not contain a forfeiture or reverter clause, as contained in instrument recorded September 16, 1970 in Book 413 at Page 193 and modifications recorded March 7, 1972 in Book 428 at Page 61 and August 30, 1978 in Book 514 at Page 871. 12. Terms, agreements, provisions, conditions and obligations as contained in Access Agreement recorded August 30, 1978 in Book 514 at Page 875. 13. Easement and right of way for electric transmission and distribution line purposes, as granted by John Commitment No. 0600778-C2 Schedule B-II Exceptions (continued) Alta Commitment - 2006 Schedule B-II Exceptions (continued) R. Carlson and Portia A. Carlson to Holy Cross Electric Association, by instrument recorded February 18, 1972 in Book 427 at Page 290, said easement being more particularly described therein. 14. Easement and right of way for right of way and utility purposes, as granted by Oscar Cerise and Wilma Cerise to Holy Cross Electric Association, Inc., by instrument recorded March 31, 1972 in Book 428 at Page 539, said easement being more particularly described therein. 15. Easement and right of way for right of way purposes, by instrument recorded October 22, 1975 in Book 479 at Page 875, said easement being more particularly described therein. 16. Easement and right of way for right of way purposes, as granted to Mountain States Telephone and Telegraph Company, by instrument recorded November 20, 1975 in Book 480 at Page 770, said easement being more particularly described therein. 17. Easement and right of way for water line and well purposes, by instrument recorded March 12, 1982 in Book 594 at Page 432, said easement being more particularly described therein. 18. Easement and right of way for right of entry purposes, as granted by Portia Carlson to Lisa Carlson Espinoza, by instrument recorded September 2, 1981 in Book 580 at Page 430 and September 14, 1981 in Book 581 at Page 213, said easement being more particularly described therein. 19. Easement and right of way for electric transmission and distribution line purposes, as granted by portia A. Carlson, Eric B. Carlson, Lisa Marie Carlson and Bailey R. Carlson to Holy Cross Electric Association, Inc., by instrument recorded June 4, 1985 in Book 669 at Page 905, said easement being more particularly described therein. 20. Easement and right of way for telecommunication facilities purposes, as granted by to U.S. West Communications, Inc., by instrument recorded January 21, 1992 at Reception No. 430963, said easement being more particularly described therein. 21. Easement and right of way for right of way purposes, as granted by Portia A. Carlson to Department of Transportation, State of Colorado, by instrument recorded June 22, 1992 at Reception No. 435954 and July 24, 1995 at Reception No. 480888, said easement being more particularly described therein. 22. Terms, agreements, provisions, conditions and obligations as contained in Well Sharing Agreement recorded March 10, 1998 at Reception No. 521506. 23. Terms, agreements, provisions, conditions and obligations as contained in Well Agreement recorded June 5, 1995 at Reception No. 479024. 24. Easement and right of way for well and water line purposes, by instrument recorded October 20, 1998 at Reception No. 533988, said easement being more particularly described therein. 25. Terms, agreements, provisions, conditions and obligations as contained in Boundary Line Adjustment recorded December 31, 2008 at Reception No. 760893. 26. Easements, rights of way and all other matters as shown on the Plat of Snow Country Investments II, LLC/Caldwell Boundary Line Adjustment Plat, filed December 30, 2008 at Reception No. 760754. Commitment No. 0600778-C2 Disclosure Statements DISCLOSURE STATEMENTS Disclosure Statements Note 1: Colorado Division of Insurance Regulations 3-5-1, Paragraph C of Article VII, 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.” (Gap Protection) Note 2: Exception No. 4 of Schedule B, Section 2 of this Commitment may be deleted from the Owner's Policy to be issued hereunder 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 may have been furnished by mechanics or materialmen for purpose of construction on the Land described in Schedule A of this Commitment within the past 13 months. C. The Company must receive an appropriate affidavit indemnifying the Company against unfiled mechanic's and materialmen's liens. D. Any deviation from conditions A though C above is subject to such additional requirements or Information as the Company may deem necessary, or, at its option, the Company may refuse to delete the exception. E. Payment of the premium for said coverage. Note 3: The following disclosures are hereby made pursuant to §10-11-122, C.R.S.: (i) The subject real property may be located in a special taxing district; (ii) A certificate of taxes due listing each taxing jurisdiction shall be obtained from the County Treasurer or the County Treasurer's authorized agent; and (iii) Information regarding special districts and the boundaries of such districts may be obtained from the County Commissioners, the County Clerk and Recorder, or the County Assessor. Note 4: If the sales price of the subject property exceeds $100,000.00, the seller shall be required to comply with the disclosure or withholding provisions of C.R.S. §39-22-604.5 (Non-resident withholding). Note 5: Pursuant to C.R.S. §10-11-123 Notice is hereby given: (a) If there is recorded evidence that a mineral estate has been severed, leased or otherwise conveyed from the surface estate then there is a 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 6: Effective September 1, 1997, C.R.S. §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 inch the clerk and recorder may refuse to record or file any document that does not conform. Note 7: Our Privacy Policy: We will not reveal nonpublic personal customer information to any external non-affiliated organization unless we have been authorized by the customer, or are required by law. Note 8: Records: Regulation 3-5-1 Section 7 (N) provides that each title entity shall maintain adequate documentation and records sufficient to show compliance with this regulation and Title 10 of the Colorado Revised Statutes for a period of not less than seven (7) years, except as otherwise permitted by law. Note 9: Pursuant Regulation 3-5-1 Section 9 (F) notice is hereby given that “A title entity shall not earn interest on fiduciary funds unless disclosure is made to all necessary parties to a transaction that interest is or has been earned. Said disclosure must offer the opportunity to receive payment of any interest earned on such funds beyond any administrative fees as may be on file with the division. Said disclosure must be clear and conspicuous, and may be made at any time up to and including closing.” Be advised that the closing agent will or could charge an Administrative Fee for processing such an additional services request and any resulting payee will also be subjected to a W-9 or other required tax documentation for such purpose(s). Be further advised that, for many transactions, the imposed Administrative Fee associated with such an additional service may exceed any such interest earned. Therefore, you may have the right to some of the interest earned over and above the Administrative Fee, if applicable (e.g., any money over any administrative fees involved in figuring the amounts earned). Note 10: Pursuant to Regulation 3-5-1 Section 9 (G) notice is hereby given that “Until a title entity receives written instructions pertaining to the holding of fiduciary funds, in a form agreeable to the title entity, it shall comply with the following: 1. The title entity shall deposit funds into an escrow, trust, or other fiduciary account and hold them in a fiduciary capacity. 2. The title entity shall use any funds designated as “earnest money” for the consummation of the transaction as evidenced by the contract to buy and sell real estate applicable to said transaction, except as otherwise provided in this section. If the transaction does not close, the title entity shall: a. Release the earnest money funds as directed by written instructions signed by both the buyer and seller; or b. If acceptable written instructions are not received, uncontested funds shall be held by the title entity for 180 days from the scheduled date of closing, after which the title entity shall return said funds to the payor. 3. In the event of any controversy regarding the funds held by the title entity (notwithstanding any termination of the contract), the title entity shall not be required to take any action unless and until such controversy is resolved. At its option and discretion, the title entity may: a. Await any proceeding; or b. Interplead all parties and deposit such funds into a court of competent jurisdiction, and recover court costs and reasonable attorney and legal fees; or c. Deliver written notice to the buyer and seller that unless the title entity receives a copy of a summons and complaint or claim (between buyer and seller), containing the case number of the lawsuit or lawsuits, within 120 days of the title entity’s written notice delivered to the parties, title entity shall return the funds to the depositing party.” Title Company of the Rockies Disclosures 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 will refuse to record or file any document that does not conform to the requirements of this section. Pursuant to C.R.S. 30-10-406(3)(a). The company will not issue its policy or policies of title insurance contemplated by this commitment until it has been provided a Certificate of Taxes due or other equivalent documentation from the County Treasurer or the County Treasurer's authorized agent: or until the Proposed Insured has notified or instructed the company in writing to the contrary. Pursuant to C.R.S. 10-11-122. No person or entity that provides closing and settlement services for a real estate transaction shall disburse funds as a part of such services until those funds have been received and are available for immediate withdrawals as a matter of right. Pursuant to C.R.S. 38-35-125(2). The Company hereby notifies the proposed buyer in the current transaction that there may be recorded evidence that the mineral estate, or portion thereof, has been severed, leased, or otherwise conveyed from the surface estate. If so, there is a substantial likelihood that a third party holds some or all interest in the oil, gas, other minerals, or geothermal energy in the subject property. Such mineral estate may include the right to enter and use the property without the surface owner's permission. Pursuant to C.R.S. 10-11-123. If this transaction includes a sale of property and the sales price exceeds $100,000.00, the seller must comply with the disclosure/withholding requirements of said section. (Nonresident withholding) Pursuant to C.R.S. 39-22-604.5. Notice is hereby given that: The subject property may be located in a special taxing district. A Certificate of Taxes due listing each taxing jurisdiction shall be obtained from the County Treasurer or the County Treasurer's authorized agent. 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. Pursuant to C.R.S. 10-11-122. Notice is hereby given that: Pursuant to Colorado Division of Insurance Regulation 8-1-2; "Gap Protection" -When this Company conducts the closing and is responsible for recording or filing the legal documents resulting from the transaction, the Company shall be responsible for all matters which appear on the record prior to such time or recording or filing; and "Mechanic's Lien Protection" - If you are the buyer of a single family residence, you may request mechanic's lien coverage to be issued on your policy of Insurance. If the property being purchased has not been the subject of construction, improvements or repairs in the last six months prior to the date of this commitment, the requirements will be payment of the appropriate premium and the completion of an Affidavit and Indemnity by the seller. If the property being purchased was constructed, improved or repaired within six months prior to the date of this commitment the requirements may involve disclosure of certain financial information, payment of premiums, and indemnity, among others. The general requirements stated above are subject to revision and approval by the Company. Pursuant to C.R.S. 10-11-122. Notice is hereby given that an ALTA Closing Protection Letter is available, upon request, to certain parties to the transaction as noted in the title commitment. Pursuant to Colorado Division of Insurance Regulation 8-1. Nothing herein contained will be deemed to obligate the Company to provide any of the coverages referred to herein unless the above conditions are fully satisfied. COLORADO • WISCONSIN CO phone (303) 666-0617 • www.hankardinc.com • WI phone (608) 345-1445 January 31, 2018 Roaring Fork Ranch, LLC Joseph and Cathy Gebhardt 14927 Bonaire Circle Fort Myers, FL 339089 Re: Assessment of Noise from the Proposed Roaring Fork Ranch Soil Processing Facility Dear Mr. and Mrs. Gebhardt, Hankard Environmental has completed its analysis of the noise that will be produced by the operation of the proposed Roaring Fork Ranch Soil Processing Facility (the Project) in Garfield County, Colorado. Noise emissions from the Project are subject to Garfield County Land Use Resolution Code, Article 7-1001. Based on our analysis, provided that the mitigation measures described herein are enacted, noise emissions from the Project are expected to comply with all applicable noise standards. This letter provides a description of the Project, the applicable regulations and standards, the methods and data used in our analysis, the results of the analysis, and noise mitigation measures needed for compliance. PROJECT DESCRIPTION The Applicant is requesting a land use change permit for hauling of soil to the Roaring Fork Ranch property, a 78,045-acre parcel located adjacent to State Highway 82. The applicant would bring soil to the site from job sites primarily up valley using dump trucks. At the site, the soil would be processed (screened and sorted) into different piles of rock, fill, and topsoil. Some of the material would stay on site for creation of berms on the property. Other sorted soils would be trucked off the parcel to job sites throughout the region. The Applicant does not propose any permanent facilities on the site, and there would be no full-time employees on site. A part-time employee may be on site as needed. Potential hours of operation will be 7:00 am to 7:00 pm Monday through Friday. However, actual hours of operations will vary, as trucks will import and/or export material as the market allows. Equipment to be used on site include: a bulldozer for receiving material, a loader for loading material, a track hoe and loader for processing material, a track hoe and loader for sorting material, a topsoil screener (Reed RD90), and haul trucks. Trucks would access the site directly from State Highway 82 onto the Applicant’s private road, and then proceed to the parcel. The Applicant estimates 6 to 10 round-trip visits of single-and double-axle dump trucks per day, for a total of 12 to 20 truck passes per day. Assessment of Noise for the Proposed Roaring Fork Ranch Soil Processing Facility 2 January 31, 2018 APPLICABLE NOISE REGULATIONS Noise from the operation of the proposed soils processing facility is subject to Appendix A of Garfield County’s Land Use Resolution Code, Article 7-1001: Industrial Use. The County’s code references the Colorado Revised Statutes (CRS) §25-12 regarding maximum permissible noise levels. CRS §25-12 noise limits are shown in Table 1. The applicable limit depends on the time of day and the zone of land adjacent to the project. Zones are defined by their land use, which are defined in Section 102 of CRS §25-12: "Residential zone" means an area of single-family or multifamily dwellings where businesses may or may not be conducted in such dwellings. The zone includes areas where multiple-unit dwellings, high-rise apartment districts, and redevelopment districts are located. A residential zone may include areas containing accommodations for transients such as motels and hotels and residential areas with limited office development, but it may not include retail shopping facilities. "Residential zone" includes hospitals, nursing homes, and similar institutional facilities. “Commercial zone” is an area where offices, clinics, and the facilities needed to serve them are located; an area with local shopping and service establishments located within walking distances of the residents served; a tourist-oriented area where hotels, motels, and gasoline stations are located; a large integrated regional shopping center; a business strip along a main street containing offices, retail businesses, and commercial enterprises; a central business district; or a commercially dominated area with multiple-unit dwellings. “Light industrial and commercial zone” is an area containing: clean and quiet research laboratories; light industrial activities which are clean and quiet; warehousing; or other activities where the general environment is free from concentrated industrial activity. "Industrial zone" means an area in which noise restrictions on industry are necessary to protect the value of adjacent properties for other economic activity but shall not include agricultural, horticultural, or floricultural operations. TABLE 1: Maximum Permissible Noise Levels – Colorado Revised Statutes §25-12 Land Use Zone Maximum Noise Level (dBA) Daytime (1) (2) (7:00 am to 7:00 pm) Nighttime (2) (7:00 pm to 7:00 am) Residential 55 50 Commercial 60 55 Light Industrial 70 65 Industrial (3) 80 75 (1) During the daytime, noise levels can increase by 10 dBA for 15 minutes in any one-hour period (2) Noise level limit decreased by 5 dBA for intermittent shrill-type sounds (3) For construction and development operations, the Industrial limits apply to all zones. Assessment of Noise for the Proposed Roaring Fork Ranch Soil Processing Facility 3 January 31, 2018 Time of Day It is our understanding that the proposed processing facility will be constructed and will operate only during daytime hours, as defined by CRS §25-12 (7:00 am to 7:00 pm.) Therefore, it is only the Daytime limits shown in Table 1 that are applicable, and these limits may increase by 10 dBA for 15 minutes in any one hour. Thus, on residential-zoned land, the daytime operational noise limit is 55 dBA in general, but 65 dBA for up to 15 minutes in any one hour. Land Use The strongest determinant of the applicable noise limit is adjacent land use. Figure 1 shows the land use of adjacent parcels, and is based on a review of online data from the Garfield County Land Explorer and the Improvement Survey Plat (April 12, 2016). As shown, most of the surrounding land use is residential and will be subject to the 55 dBA daytime noise level limit. Some items of note: ƒ On the south side of State Highway 82 is a school, which is considered an institutional use and is also subject to the residential noise level limit. ƒ The parcel to the southwest of the Project, on the south side of State Highway 82, is “mixed use,” which includes both agricultural use and at least one rural residence. In the past, the residence has been treated as light industrial twenty-five feet inside the property line and residential at the residence itself. The agricultural land to the west has been considered light industrial in the past. ƒ To the north of the Project is a vacant commercial parcel subject to the commercial limits. The area further north of the Roaring Fort Ranch parcel is residential. Compliance Evaluation Locations The compliance evaluation location for these limits is defined as twenty-five feet or more outside the project’s property line, or twenty-five feet inside a receiver’s property line. Figure 1 shows the zoning and applicable noise limit for the parcels surrounding the Project. The regulations are not applicable to State Highway 82, so the compliance locations for parcels south of Highway 82 are 25 feet inside the receiver’s property line. Construction Noise During construction (i.e. grading), the industrial noise level limit of 80 dBA applies to all receiving land uses. Assessment of Noise for the Proposed Roaring Fork Ranch Soil Processing Facility 4 January 31, 2018 FIGURE 1 – Surrounding Zoning and Noise Level Limits Assessment of Noise for the Proposed Roaring Fork Ranch Soil Processing Facility 5 January 31, 2018 NOISE ANALYSIS METHOD AND INPUT DATA Noise emissions from the construction and operation of the proposed Project were predicted following International Standardization Organization (ISO) Standard 9613-2: Acoustics – Attenuation of Sound During Propagation Outdoors. The ISO 9613-2 method was implemented using the SoundPLAN v7.4 software program. SoundPLAN is a three-dimensional acoustical modeling program that considers noise sources, terrain, ground type, and the sound transmission loss of barriers when predicting noise levels in the surrounding area. Figure 2 shows a sample view of noise sources, property lines, and noise levels. Worst-case noise levels were predicted for the various expected operation types, including material delivery, sorting and stockpiling of material, and material loading and removal. FIGURE 2: Three-Dimensional View of the Acoustical Model Assessment of Noise for the Proposed Roaring Fork Ranch Soil Processing Facility 6 January 31, 2018 The following inputs were used to model the noise from the operation of the proposed soils processing facility. Terrain Terrain was modeled using the Project’s grading plan (High Country Engineering, Roaring Fork Ranch Grading Plan, GR-01, October 30, 2017) and 10-meter digital elevation model (DEM) data from the USGS National Elevation Dataset. Ground Type The ground type in the model affects how sound is reflected when it hits the ground. Ground values range from 0.0 to 1.0, with 0.0 representing completely reflective material (such as concrete or still water) and 1.0 representing completely absorptive material (such as thick fresh snow). For this project, the ground value was set to 0.0 for the location of the soil processing activities and 0.5 for the remainder of the area. Noise Sources Table 2 provides noise source data, in the form of octave-band sound power levels, for each type of equipment used by the Project. All noise source data was calculated from sound level measurements conducted by Hankard Environmental and/or other published sources. In the model, all sources were placed 3 meters above the ground. TABLE 2: Modeled Noise Source Levels Noise Source Octave-Band Sound Power Level (dB) Overall Sound Power Level (dBA) 31.5 Hz 63 Hz 125 Hz 250 Hz 500 Hz 1000 Hz 2000 Hz 4000 Hz 8000 Hz Track Hoe 106 102 111 101 99 101 99 96 91 106 Loader 119 116 111 98 90 107 98 84 84 108 Topsoil Screener 111 110 113 110 106 105 106 101 93 111 Haul Truck – Moving 100 114 107 105 99 101 98 92 84 105 Haul Truck – Idle 100 105 98 96 90 92 89 83 75 96 Noise Prediction Locations Noise level contours were predicted and plotted over a scaled Garfield County parcel map. In accordance with ISO 9613-2 and standard industry practice, all predictions were made at 1.5 meters (5 feet) above the ground. Assessment of Noise for the Proposed Roaring Fork Ranch Soil Processing Facility 7 January 31, 2018 PREDICTED OPERATIONAL NOISE LEVELS Noise levels resulting from the operation of the Project were predicted for three different operating scenarios. Each scenario has different equipment that would be in use. All predictions use the layout of the mobile screening processor and six stockpiles provided by the Project and shown in Figure 3. In addition, all predictions incorporate the Roaring Fork Ranch Grading Plan, which includes an approximately 10-foot-tall berm around the east, south, and western edges of the processing area. Noise level contour plots for each scenario are shown in Appendix B. Scenario 1: Soils Processing with Front-End Loader or Track Hoe Scenario 1 includes the full operation of the soil screener unit, with either a front-end loader or a track hoe loading the screener. This scenario represents the loudest noise events, and Figures B1 and B2 show the predicted noise level contours. For compliance with the noise standard, this scenario requires an additional ten feet of berm on top of the already planned 10-foot tall berm along the eastern side of the processing area, as indicated in Figures B1 and B2. With this 20-foot- tall berm, all predicted noise levels are below the applicable limits. Scenario 2: Haul Truck Approaching Soils Processing Area Scenario 2 includes the full operation of one haul truck approaching the processing area at two different locations: either at the western property-line entrance, or near the screening unit. These results are shown in Figures B3 and B4. All predicted noise levels for this scenario are below the applicable noise limits, and yet while included in the analysis, no additional noise mitigation measures are required. Scenario 3: Loading of Haul Truck with Front End Loader or Track Hoe Scenario 3 includes the full operation of either one front-end loader or one track hoe loading a haul truck that is operating at idle. This loading operation was modeled at each of the six stockpiles shown in Figure 3. Figures B5 and B6 show the predicted noise contours assuming an additional 10 feet of berm on top of the already planned 10-foot-tall berm. With the additional berm height, all predicted noise levels are below the applicable limits. As in Scenario 1, the additional ten feet of berm on the eastern side is required for compliance. Backup Alarms For this analysis, all Roaring Fork Ranch equipment was assumed to be outfitted with ambient controlled broadband (i.e.: white noise) backup alarms similar to bbs-tec® model SA-BBS-97 or whatever is appropriate for the equipment being used. Also, the site should be arranged to minimize the use of tonal backup alarms on non-Roaring Fork Ranch haul trucks. Assessment of Noise for the Proposed Roaring Fork Ranch Soil Processing Facility 8 January 31, 2018 FIGURE 3: Roaring Fork Ranch Soils Processing Area Landscape Plan (High Country Engineering and The Land Studio) Assessment of Noise for the Proposed Roaring Fork Ranch Soil Processing Facility 9 January 31, 2018 CONCLUSIONS Based on our analysis, noise from the construction and operation of the proposed Roaring Fork Ranch Soil Processing Facility is predicted to be in compliance with the Garfield County Land Use Resolution Code, Article 7-301 B.2., provided that the noise-reducing earthen berm described above is first constructed and ambient controlled broadband backup alarms are used. This berm includes an additional 10 feet of height on top of the already planned 10-foot-tall berm on the eastern side of the processing area. Furthermore, our conclusions are based on the input data and assumptions described herein, particularly the source levels defined in Table 2 and the number of pieces of equipment that will operate simultaneously. Thank you for commissioning Hankard Environmental to conduct this analysis. Please call if you have any questions. Sincerely, Jeff Cerjan, INCE Senior Acoustical Consultant CC: Mike Hankard, Hankard Environmental A1 Assessment of Noise for the Proposed Roaring Fork Ranch Soil Processing Facility January 31, 2018 APPENDIX A APPLICABLE NOISE LEVEL LIMITS COLORADO REVISED STATUTES – ARTICLE 12 – NOISE ABATEMENT Section 25-12-101. Legislative declaration. 25-12-102. Definitions. 25-12-103. Maximum permissible noise levels. 25-12-104. Action to abate. 25-12-105. Violation of injunction - penalty. 25-12-106. Noise restrictions - sale of new vehicles. 25-12-107. Powers of local authorities. 25-12-108. Preemption. 25-12-109. Exception - sport shooting ranges - legislative declaration -definitions. 25-12-110. Off-highway vehicles. 25-12-101. Legislative declaration. The general assembly finds and declares that noise is a major source of environmental pollution which represents a threat to the serenity and quality of life in the state of Colorado. Excess noise often has an adverse physiological and psychological effect on human beings, thus contributing to an economic loss to the community. Accordingly, it is the policy of the general assembly to establish statewide standards for noise level limits for various time periods and areas. Noise in excess of the limits provided in this article constitutes a public nuisance. Source: L. 71: p. 647, § 1. C.R.S. 1963: § 66-35-1. 25-12-102. Definitions. As used in this article, unless the context otherwise requires: (1) "Commercial zone" means: (a) An area where offices, clinics, and the facilities needed to serve them are located; (b) An area with local shopping and service establishments located within walking distances of the residents served; (c) A tourist-oriented area where hotels, motels, and gasoline stations are located; (d) A large integrated regional shopping center; (e) A business strip along a main street containing offices, retail businesses, and commercial enterprises; (f) A central business district; or (g) A commercially dominated area with multiple-unit dwellings. (2) "db(A)" means sound levels in decibels measured on the "A" scale of a standard sound level meter having characteristics defined by the American national standards institute, publication S1. 4 - 1971. (3) "Decibel" is a unit used to express the magnitude of a change in sound level. The difference in decibels between two sound pressure levels is twenty times the common logarithm of their ratio. In sound pressure measurements sound levels are defined as twenty times the common logarithm of the ratio of that sound pressure level to a reference level of 2 x 10-5 N/m2 (Newton's/meter squared). As an example of the effect of the formula, a three-decibel change is a one hundred percent increase or decrease in the sound level, and a ten-decibel change is a one thousand percent increase or decrease in the sound level. (4) (a) "Industrial zone" means an area in which noise restrictions on industry are necessary to protect the value of adjacent properties for other economic activity but shall not include agricultural, horticultural, or floricultural operations. (b) Nothing in paragraph (a) of this subsection (4), as amended by House Bill 05-1180, as enacted at the first regular session of the sixty-fifth general assembly, shall be construed as changing the property tax classification of property owned by a horticultural or floricultural operation. (5) "Light industrial and commercial zone" means: (a) An area containing clean and quiet research laboratories; (b) An area containing light industrial activities which are clean and quiet; (c) An area containing warehousing; or (d) An area in which other activities are conducted where the general environment is free from concentrated industrial activity. (5.2) "Motorcycle" means a self-propelled vehicle with not more than three wheels in contact with the ground that is designed primarily for use on the public highways. (5.4) "Motor vehicle" means a self-propelled vehicle with at least four wheels in contact with the ground that is designed primarily for use on the public highways. (5.6) "Off-highway vehicle" means a self-propelled vehicle with wheels or tracks in contact with the ground that is designed primarily for use off the public highways. "Off- highway vehicle" shall not include the following: (a) Military vehicles; (b) Golf carts; (c) Snowmobiles; (d) Vehicles designed and used to carry persons with disabilities; and (e) Vehicles designed and used specifically for agricultural, logging, firefighting, or mining purposes. (6) "Residential zone" means an area of single-family or multifamily dwellings where businesses may or may not be conducted in such dwellings. The zone includes areas where multiple-unit dwellings, high-rise apartment districts, and redevelopment districts are located. A residential zone may include areas containing accommodations for transients such as motels and hotels and residential areas with limited office development, but it may not include retail shopping facilities. "Residential zone" includes hospitals, nursing homes, and similar institutional facilities. (7) "SAE J1287" means the J1287 stationary sound test or any successor test published by SAE international or any successor organization. (8) "SAE J2567" means the J2567 stationary sound test or any successor test published by SAE international or any successor organization. (9) "Snowmobile" means a self-propelled vehicle primarily designed or altered for travel on snow or ice when supported in part by skis, belts, or cleats and designed primarily for use off the public highways. "Snowmobile" shall not include machinery used strictly for the grooming of snowmobile trails or ski slopes. Source: L. 71: p. 647, § 1. C.R.S. 1963: § 66-35-2. L. 73: p. 1406, § 47. L. 86: (2) amended, p. 501, § 121, effective July 1. L. 2005: (4) amended, p. 350, § 8, effective August 8. L. 2008: (5.2), (5.4), (5.6), (7), (8), and (9) added, p. 2101, § 1, effective July 1, 2010. 25-12-103. Maximum permissible noise levels. (1) Every activity to which this article is applicable shall be conducted in a manner so that any noise produced is not objectionable due to intermittence, beat frequency, or shrillness. Sound levels of noise radiating from a property line at a distance of twenty- five feet or more therefrom in excess of the db(A) established for the following time periods and zones shall constitute prima facie evidence that such noise is a public nuisance: 7:00 a.m. to 7:00 p.m. to Zone next 7:00 p.m. next 7:00 a.m. Residential 55 db(A) 50 db(A) Commercial 60 db(A) 55 db(A) Light industrial 70 db(A) 65 db(A) Industrial 80 db(A) 75 db(A) (2) In the hours between 7:00 a.m. and the next 7:00 p.m., the noise levels permitted in subsection (1) of this section may be increased by ten db(A) for a period of not to exceed fifteen minutes in any one-hour period. (3) Periodic, impulsive, or shrill noises shall be considered a public nuisance when such noises are at a sound level of five db(A) less than those listed in subsection (1) of this section. (4) This article is not intended to apply to the operation of aircraft or to other activities which are subject to federal law with respect to noise control. (5) Construction projects shall be subject to the maximum permissible noise levels specified for industrial zones for the period within which construction is to be completed pursuant to any applicable construction permit issued by proper authority or, if no time limitation is imposed, for a reasonable period of time for completion of project. (6) All railroad rights-of-way shall be considered as industrial zones for the purposes of this article, and the operation of trains shall be subject to the maximum permissible noise levels specified for such zone. (7) This article is not applicable to the use of property for purposes of conducting speed or endurance events involving motor or other vehicles, but such exception is effective only during the specific period of time within which such use of the property is authorized by the political subdivision or governmental agency having lawful jurisdiction to authorize such use. (8) For the purposes of this article, measurements with sound level meters shall be made when the wind velocity at the time and place of such measurement is not more than five miles per hour. (9) In all sound level measurements, consideration shall be given to the effect of the ambient noise level created by the encompassing noise of the environment from all sources at the time and place of such sound level measurement. (10) This article is not applicable to the use of property for the purpose of manufacturing, maintaining, or grooming machine-made snow. This subsection (10) shall not be construed to preempt or limit the authority of any political subdivision having jurisdiction to regulate noise abatement. (11) This article is not applicable to the use of property by this state, any political subdivision of this state, or any other entity not organized for profit, including, but not limited to, nonprofit corporations, or any of their lessees, licensees, or permittees, for the purpose of promoting, producing, or holding cultural, entertainment, athletic, or patriotic events, including, but not limited to, concerts, music festivals, and fireworks displays. This subsection (11) shall not be construed to preempt or limit the authority of any political subdivision having jurisdiction to regulate noise abatement. (12) (a) Notwithstanding subsection (1) of this section, the public utilities commission may determine, while reviewing utility applications for certificates of public convenience and necessity for electric transmission facilities, whether projected noise levels for electric transmission facilities are reasonable. Such determination shall take into account concerns raised by participants in the commission proceeding and the alternatives available to a utility to meet the need for electric transmission facilities. When applying, the utility shall provide notice of its application to all municipalities and counties where the proposed electric transmission facilities will be located. The public utilities commission shall afford the public an opportunity to participate in all proceedings in which permissible noise levels are established according to the "Public Utilities Law", articles 1 to 7 of title 40, C.R.S. (b) Because of the statewide need for reliable electric service and the public benefit provided by electric transmission facilities, notwithstanding any other provision of law, no municipality or county may adopt an ordinance or resolution setting noise standards for electric transmission facilities that are more restrictive than this subsection (12). The owner or operator of an electric transmission facility shall not be liable in a civil action based upon noise emitted by electric transmission facilities that comply with this subsection (12). (c) For the purposes of this section: (I) "Electric transmission facility" means a power line or other facility that transmits electrical current and operates at a voltage level greater than or equal to 44 kilovolts. (II) "Rights-of-way for electric transmission facilities" means all property rights and interests obtained by the owner or operator of an electric transmission facility for the purpose of constructing, maintaining, or operating the electric transmission facility. Source: L. 71: p. 648, § 1. C.R.S. 1963: § 66-35-3. L. 82: (10) added, p. 424, § 1, effective March 11. L. 87: (11) added, p. 1154, § 1, effective May 20. L. 2004: (12) added, p. 736, § 2, effective July 1. Cross references: For the legislative declaration contained in the 2004 act enacting subsection (12), see section 1 of chapter 219, Session Laws of Colorado 2004. ANNOTATION Am. Jur.2d. See 61C Am. Jur.2d, Pollution Control, § 1533. Residential development of property is not precluded when noise emanating onto property exceeds limits set forth in this section. Einarsen v. City of Wheat Ridge, 43 Colo. App. 232, 604 P.2d 691 (1979). Trier of fact to determine mode to use in measuring noise. Davis v. Izaak Walton League of America, 717 P.2d 984 (Colo. App. 1985). Applied in City of Lakewood v. DeRoos, 631 P.2d 1140 (Colo. App. 1981). 25-12-104. Action to abate. Whenever there is reason to believe that a nuisance exists, as defined in section 25-12- 103, any county or resident of the state may maintain an action in equity in the district court of the judicial district in which the alleged nuisance exists to abate and prevent such nuisance and to perpetually enjoin the person conducting or maintaining the same and the owner, lessee, or agent of the building or place in or upon which such nuisance exists from directly or indirectly maintaining or permitting such nuisance. Notwithstanding any other provision of this section, a county shall not maintain an action pursuant to this section if the alleged nuisance involves a mining operation or the development, extraction, or transportation of construction materials, as those terms are defined in section 34-32.5-103, C.R.S., a commercial activity, the commercial use of property, avalanche control activities, a farming or ranching activity, an activity of a utility, or a mining or oil and gas operation. When proceedings by injunction are instituted, such proceedings shall be conducted under the Colorado rules of civil procedure. The court may stay the effect of any order issued under this section for such time as is reasonably necessary for the defendant to come into compliance with the provisions of this article. Source: L. 71: p. 649, § 1. C.R.S. 1963: § 66-35-4. L. 2008: Entire section amended, p. 57, § 1, effective August 5. Cross references: For injunctions, see C.R.C.P. 65. ANNOTATION Am. Jur.2d. See 61C Am. Jur.2d, Pollution Control, §§ 1534-1537, 1541-1547, 1582- 1591. C.J.S. See 66 C.J.S., Nuisances, §§ 84-86. Construction and operation of a public highway are not activities which can be abated as a public nuisance. City of Lakewood v. DeRoos, 631 P.2d 1140 (Colo. App. 1981). Applied in Einarsen v. City of Wheat Ridge, 43 Colo. App. 232, 604 P.2d 691 (1979). 25-12-105. Violation of injunction - penalty. Any violation or disobedience of any injunction or order expressly provided for by section 25-12-104 shall be punished as a contempt of court by a fine of not less than one hundred dollars nor more than two thousand dollars. Each day in which an individual is in violation of the injunction established by the court shall constitute a separate offense. The court shall give consideration in any such case to the practical difficulties involved with respect to effecting compliance with the requirements of any order issued by the court. Source: L. 71: p. 650, § 1. C.R.S. 1963: § 66-35-5. ANNOTATION Am. Jur.2d. See 61C Am. Jur.2d, Pollution Control, §§ 1541-1547, 1582-1591, 2046, 2056. C.J.S. See 66 C.J.S., Nuisances, §§ 126-129. 25-12-106. Noise restrictions - sale of new vehicles. (1) Except for such vehicles as are designed exclusively for racing purposes, no person shall sell or offer for sale a new motor vehicle that produces a maximum noise exceeding the following noise limits, at a distance of fifty feet from the center of the lane of travel, under test procedures established by the department of revenue: (a) Any motorcycle manufactured on or after July 1, 1971, and before January 1, 1973 - 88 db(A); (b) Any motorcycle manufactured on or after January 1, 1973 - 86 db(A); (c) Any motor vehicle with a gross vehicle weight rating of six thousand pounds or more manufactured on or after July 1, 1971, and before January 1, 1973 - 88 db(A); (d) Any motor vehicle with a gross vehicle weight rating of six thousand pounds or more manufactured on or after January 1, 1973 - 86 db(A); (e) Any other motor vehicle manufactured on or after January 1, 1968, and before January 1, 1973 - 86 db(A); (f) Any other motor vehicle manufactured after January 1, 1973 - 84 db(A); (g) (Deleted by amendment, L. 2008, p. 2102, § 2, effective July 1, 2010.) (2) Test procedures for compliance with this section shall be established by the department, taking into consideration the test procedures of the society of automotive engineers. (3) Any person selling or offering for sale a motor vehicle or other vehicle in violation of this section is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than fifty dollars nor more than three hundred dollars. Source: L. 71: p. 650, § 1. C.R.S. 1963: § 66-35-6. L. 2008: IP(1) and (1)(g) amended, p. 2102, § 2, effective July 1, 2010. L. 2009: (1)(a) and (1)(b) amended, (HB 09-1026), ch. 281, p. 1259, § 20, effective October 1. ANNOTATION Am. Jur.2d. See 61C Am. Jur.2d, Pollution Control, §§ 1537-1540. 25-12-107. Powers of local authorities. (1) Counties or municipalities may adopt resolutions or ordinances prohibiting the operation of motor vehicles within their respective jurisdictions that produce noise in excess of the sound levels in decibels, measured on the "A" scale on a standard sound level meter having characteristics established by the American national standards institute, publication S1.4 - 1971, and measured at a distance of fifty feet from the center of the lane of travel and within the speed limits specified in this section: (a) Any motor vehicle with a manufacturer's gross vehicle weight rating of six thousand pounds or more, any combination of vehicles towed by such motor vehicle, and any motorcycle other than a low-power scooter: Speed limit of more Speed limit than 35 mph of 35 mph but less or less than 55 mph (I) Before January 1, 1973 88 db(A) 90 db(A) (II) On and after January 1, 1973 86 db(A) 90 db(A) (b) (Deleted by amendment, L. 2008, p. 2102, § 3, effective July 1, 2010.) (2) The governing board shall adopt resolutions establishing any test procedures deemed necessary. (3) This section applies to the total noise from a vehicle or combination of vehicles. (4) For the purpose of this section, a truck, truck tractor, or bus that is not equipped with an identification plate or marking bearing the manufacturer's name and manufacturer's gross vehicle weight rating shall be considered as having a manufacturer's gross vehicle weight rating of six thousand pounds or more if the unladen weight is more than five thousand pounds. Source: L. 71: p. 651, § 1. C.R.S. 1963: § 66-35-7. L. 73: p. 1406, § 48. L. 2008: IP(1) and (1)(b) amended, p. 2102, § 3, effective July 1, 2010. L. 2009: IP(1)(a) amended, (HB 09-1026), ch. 281, p. 1259, § 21, effective October 1. ANNOTATION Am. Jur.2d. See 61C Am. Jur.2d, Pollution Control, §§ 1533, 1537-1540. 25-12-108. Preemption. Except as provided in sections 25-12-103 (12) and 25-12-110, this article shall not be construed to preempt or limit the authority of any municipality or county to adopt standards that are no less restrictive than the provisions of this article. Source: L. 71: p. 651, § 1. C.R.S. 1963: § 66-35-8. L. 88: Entire section amended, p. 1116, § 2, effective May 19. L. 2008: Entire section amended, p. 2103, § 4, effective July 1, 2010. 25-12-109. Exception - sport shooting ranges - legislative declaration - definitions. (1) The general assembly hereby finds, determines, and declares that the imposition of inconsistent, outdated, and unnecessary noise restrictions on qualifying sport shooting ranges that meet specific, designated qualifications work to the detriment of the public health, welfare, and morale as well as to the detriment of the economic well-being of the state. The general assembly further finds, determines, and declares that a need exists for statewide uniformity with respect to exempting qualifying shooting ranges from the enforcement of laws, ordinances, rules, and orders regulating noise. As the gain associated with having a uniform statewide exemption for qualifying sport shooting ranges outweighs any gains associated with enforcing noise regulations against such ranges, the general assembly further declares that the provisions of this section, as enacted, are a matter of statewide concern and preempt any provisions of any law, ordinance, rule, or order to the contrary. (2) As used in this section, unless the context otherwise requires: (a) "Local government" means any county, city, city and county, town, or any governmental entity, board, council, or committee operating under the authority of any county, city, city and county, or town. (b) "Local government official" means any elected, appointed, or employed individual or group of individuals acting on behalf of or exercising the authority of any local government. (c) "Person" means an individual, proprietorship, partnership, corporation, club, or other legal entity. (d) "Qualifying sport shooting range" or "qualifying range" means any public or private establishment, whether operating for profit or not for profit, that operates an area for the discharge or other use of firearms or other equipment for silhouette, skeet, trap, black powder, target, self-defense, recreational or competitive shooting, or professional training. (3) Notwithstanding any other law or municipal or county ordinance, rule, or order regulating noise to the contrary: (a) A local governmental official may not commence a civil action nor seek a criminal penalty against a qualifying sport shooting range or its owners or operators on the grounds of noise emanating from such range that results from the normal operation or use of the qualifying shooting range except upon a written complaint from a resident of the jurisdiction in which the range is located. The complaint shall state the name and address of the complainant, how long the complainant has resided at the address indicated, the times and dates on which the alleged excessive noise occurred, and such other information as the local government may require. The local government shall not proceed to seek a criminal penalty or pursue a civil action against a qualifying sport shooting range on the basis of such a noise complaint if the complainant established residence within the jurisdiction after January 1, 1985. (b) No person may bring any suit in law or equity or any other claim for relief against a qualifying sport shooting range located in the vicinity of the person's property or against the owners or operators of such range on the grounds of noise emanating from the range if: (I) The qualifying range was established before the person acquired the property; (II) The qualifying range complies with all laws, ordinances, rules, or orders regulating noise that applied to the range and its operation at the time of its construction or initial operation; (III) No law, ordinance, rule, or order regulating noise applied to the qualifying range at the time of its construction or initial operation. Source: L. 98: Entire section added, p. 240, § 1, effective April 13. 25-12-110. Off-highway vehicles. (1) An off-highway vehicle operated within the state shall not emit more than the following level of sound when measured using SAE J1287: (a) If manufactured before January 1, 1998 - 99 db(A); (b) If manufactured on or after January 1, 1998 - 96 db(A). (2) A snowmobile shall not emit more than the following level of sound when measured using SAE J2567: (a) If manufactured on or after July 1, 1972, and before July 2, 1975 - 90 db(A); (b) If manufactured on or after July 2, 1975 - 88 db(A). (3) (a) A person shall not sell or offer to sell a new off-highway vehicle that emits a level of sound in excess of that prohibited by subsection (1) of this section unless the off- highway vehicle complies with federal noise emission standards. A person shall not sell or offer to sell a new snowmobile that emits a level of sound in excess of that prohibited by subsection (2) of this section unless the snowmobile complies with federal noise emission standards. (b) For the purposes of this section, a "new" snowmobile or off-highway vehicle means a snowmobile or off-highway vehicle that has not been transferred on a manufacturer's statement of origin and for which an ownership registration card has not been submitted by the original owner to the manufacturer. (4) This section shall not apply to the following: (a) A vehicle designed or modified for and used in closed-circuit, off-highway vehicle competition facilities; (b) An off-highway vehicle used in an emergency to search for or rescue a person; and (c) An off-highway vehicle while in use for agricultural purposes. (5) A person who violates this section commits a class 2 petty offense and, upon conviction thereof, shall be punished by a fine of not more than one hundred dollars. (6) No municipality or county may adopt an ordinance or resolution setting noise standards for off-highway vehicles or snowmobiles that are more restrictive than this section. (7) (a) Nothing in this section shall be construed to modify the authority granted in section 25-12-103. (b) Nothing in this section shall be construed to authorize the test to produce a less restrictive standard than the J1287 stationary sound test or the J2567 stationary sound test published by SAE international or any successor organization. (8) The following shall be an affirmative defense to a violation under this section if the off-highway vehicle or snowmobile: (a) Was manufactured before January 1, 2005; (b) Complied with federal and state law when purchased; (c) Has not been modified from the manufacturer's original equipment specifications or to exceed the sound limits imposed by subsection (1) or (2) of this section; and (d) Does not have a malfunctioning exhaust system. Source: L. 2008: Entire section added, p. 2103, § 5, effective July 1, 2010. Assessment of Noise for the Proposed Roaring Fork Ranch Soil Processing Facility B1 January 31, 2018 APPENDIX B PREDICTED NOISE LEVEL CONTOURS Assessment of Noise for the Proposed Roaring Fork Ranch Soil Processing Facility B2 January 31, 2018 FIGURE B1: Scenario 1 – Processing with Front-End Loader Assessment of Noise for the Proposed Roaring Fork Ranch Soil Processing Facility B3 January 31, 2018 FIGURE B2: Scenario 1 – Processing with Track Hoe Assessment of Noise for the Proposed Roaring Fork Ranch Soil Processing Facility B4 January 31, 2018 FIGURE B3: Scenario 2 – Haul Truck Entering Site Assessment of Noise for the Proposed Roaring Fork Ranch Soil Processing Facility B5 January 31, 2018 FIGURE B4: Scenario 2 – Haul Truck Approaching Screener Assessment of Noise for the Proposed Roaring Fork Ranch Soil Processing Facility B6 January 31, 2018 FIGURE B5: Scenario 3 – Haul Truck and Front-End Loader at Pile 1 Assessment of Noise for the Proposed Roaring Fork Ranch Soil Processing Facility B7 January 31, 2018 FIGURE B6: Scenario 3 – Haul Truck and Front-End Loader at Pile 2 Assessment of Noise for the Proposed Roaring Fork Ranch Soil Processing Facility B8 January 31, 2018 FIGURE B7: Scenario 3 – Haul Truck and Front-End Loader at Pile 3 Assessment of Noise for the Proposed Roaring Fork Ranch Soil Processing Facility B9 January 31, 2018 FIGURE B8: Scenario 3 – Haul Truck and Front-End Loader at Pile 4 Assessment of Noise for the Proposed Roaring Fork Ranch Soil Processing Facility B10 January 31, 2018 FIGURE B9: Scenario 3 – Haul Truck and Front-End Loader at Pile 5 Assessment of Noise for the Proposed Roaring Fork Ranch Soil Processing Facility B11 January 31, 2018 FIGURE B10: Scenario 3 – Haul Truck and Front-End Loader at Pile 6 Assessment of Noise for the Proposed Roaring Fork Ranch Soil Processing Facility B12 January 31, 2018 FIGURE B11: Scenario 3 – Haul Truck and Track Hoe at Pile 1 Assessment of Noise for the Proposed Roaring Fork Ranch Soil Processing Facility B13 January 31, 2018 FIGURE B12: Scenario 3 – Haul Truck and Track Hoe at Pile 2 Assessment of Noise for the Proposed Roaring Fork Ranch Soil Processing Facility B14 January 31, 2018 FIGURE B13: Scenario 3 – Haul Truck and Track Hoe at Pile 3 Assessment of Noise for the Proposed Roaring Fork Ranch Soil Processing Facility B15 January 31, 2018 FIGURE B14: Scenario 3 – Haul Truck and Track Hoe at Pile 4 Assessment of Noise for the Proposed Roaring Fork Ranch Soil Processing Facility B16 January 31, 2018 FIGURE B15: Scenario 3 – Haul Truck and Track Hoe at Pile 5 Assessment of Noise for the Proposed Roaring Fork Ranch Soil Processing Facility B17 January 31, 2018 FIGURE B16: Scenario 3 – Haul Truck and Track Hoe at Pile 6 TRAFFIC ANALYSIS REPORT FOR ROARING FORK RANCH GEBHARDT SOIL HAULING, PROCESSING AND HANDLING FACILITY 16704 HIGHWAY 82 GARFIELD COUNTY, CO. PREPARED FOR: Joe Gebhardt 14927 Bonaire Circle Fort Myers, FL 33908 PREPARED BY: HIGH COUNTRY ENGINEERING, INC. 1517 Blake Avenue, Suite. 101 Glenwood Springs, CO 81601 (970) 945-8676 For and on Behalf of High Country Engineering Inc. January 8, 2018 HCE Project No. 2171040.00 TABLE OF CONTENTS SECTION PAGE INTRODUCTION 3 EXISTING AND PROPOSED LAND USES 3 SITE ACCESS 3 SURROUNDING LAND USE 3 CRITERIA 3 CURENT DAILY TRIP GENERATION 4 CURRENT PEAK HOUR TRIP GENERATION 5 CURRENT AVERAGE DAILY TRAFFIC 5 PROPOSED CONSTRUCTION ACTIVITIES 5 PROPOSED DAILY TRIP GENERATION DURING CONSTRUCTION 6 PROPOSED PEAK HOUR TRIP GENERATION DURING CONSTRUCTION 6 PROPOSED AVERAGE DAILY TRAFFIC DURING CONSTRUCTION 7 PROPOSED POST-CONSTRUCTION ACTIVITIES 7 PROPOSED DAILY TRIP GENERATION AFTER CONSTRUCTION 7 PROPOSED PEAK HOUR TRIP GENERATION AFTER CONSTRUCTION 8 PROPOSED AVERAGE DAILY TRAFFIC AFTER CONSTRUCTION 8 CONCLUSION 9 REFERENCES 9 MAPS: FIGURE 1 – VICINITY MAP FIGURE 2 – SIGHT DISTANCE TRIANGLE MAP FIGURE 3 – ADJACENT COUNTY ROADWAY MAP FIGURE 4 – ADJACENT STATE HIGHWAY MAP FIGURE 5 – CONSTRUCTION ACTIVITY MAP FIGURE 6 – CURRENT TRAFFIC VOLUME MAP FIGURE 7 – DURING CONSTRUCTION TRAFFIC VOLUME MAP FIGURE 8 – AFTER CONSTUCTION TRAFFIC VOLUME MAP 2 INTRODUCTION This traffic analysis report addresses both the existing and proposed traffic as well as the capacity requirements associated with the proposed Soil Hauling, Processing and Handling Facility. The property is situated approximately 4 miles east of Carbondale, Colorado, and is located at 16704, Highway 82. The nearest intersections to the site are: County Road 100 approximately 1/2 mile to the West, and Cerise Ranch Road approximately 1/2 mile to the East. Refer to Figure 1 of the Appendix for the Vicinity Map. EXISTING AND PROPOSED LAND USES The site is currently developed with a single family residence and agricultural buildings. The site is zoned as Rural. A private roadway currently access Colorado State Highway 82, and provides access to nine (9) properties. The private roadway forms a “Tee” intersection with Colorado State Highway 82. A posted stop sign at the existing intersection regulates a mandatory stop condition for all vehicular on the existing private roadway traffic accessing the highway. Colorado State Highway 82 is a four (4) lane divided highway, with a posted speed limit of 65 mile per hour. Adequate departure sight distances at the existing intersection are depicted on Figure 2 of the Appendix The owner is proposing to construct and operate a Soil Hauling, Processing and Handling Facility at the site. SITE ACCESS The site has an existing single private roadway which accesses Highway 82. The intersection of County Road 100 and Highway 82 is situated approximately 1/2 mile to the west of the site. Refer to Figure 3 of the Appendix. Interstate I-70, is situated approximately 17-miles northwest of the site at Glenwood Springs, and is accessed via Interstate Exit 116. Refer to Figure 4 of the Appendix. SURROUNDING LAND USE The surrounding land use is zoned Rural and Planned Unit Development. CRITERIA This basic traffic analysis conforms to the submittal requirements set forth in Article 4, Section 4-203 (L) of the Garfield County Unified Land Use Resolution Amended March 20, 2017. 3 CURRENT DAILY TRIP GENERATION The private driveway provides access to the following nine (9) properties, including the proposed project site: Table 1 Affected Properties and Their Current Uses Parcel Number Address Owner Current Use 2391-293-00-082 16704 Highway 82 GEBHARDT, JOSEPH Residential 2391-322-00-031 16478 Highway 82 CALDWELL, JAMES MATTHEW Residential 2391-322-00-030 16476 Highway 82 TORNARE, RENE Residential 2391-322-00-026 16704 Highway 82 MID VALLEY BAPTIST CHURCH Church 2391-322-00-001 16472 Highway 82 ROARING FORK BAPTIST CHURCH Church 2391-311-00-001 16470 Highway 82 MENDOZA, LUIS Residential 2391-311-00-017 16400 Highway 82 BARNETT, FAMILY TRUST Residential 2391-311-00-018 16460 Highway 82 PRATT, REVOCABLE TRUST Residential 2391-311-00-019 16468 Highway 82 BENSON, DEE Residential According to Trip Generation, 6th Edition, published by the Institute of Traffic Engineers, the following traffic rates have been utilized to calculate average traffic volumes on a typical weekday: • Detached housing generates 9.57 Average Daly Trips (ADT), on a weekday. • Churches generate 9.11 Average Daly Trips (ADT) per 1,000 square feet of gross floor area, on a weekday. Applying the above Trip Generation Rates to the current uses of the affected properties, the current Average Daly Trips (ADT), on a weekday has been calculated and tabulated below: Table 2 Affected Properties and Their Current Average Daily Trips on a Weekday Parcel Number Current Use Gross area S.F. Traffic Rate Avg. Daily Trips 2391-293-00-082 Residential N/A 9.57 / Residence 9.57 2391-322-00-031 Residential N/A 9.57 / Residence 9.57 2391-322-00-030 Residential N/A 9.57 / Residence 9.57 2391-322-00-026 Church 5,760 9.11 / 1,000 S.F. 52.47 2391-322-00-001 Church 2,464 9.11 / 1,000 S.F. 22.45 2391-311-00-001 Residential N/A 9.57 / Residence 9.57 2391-311-00-017 Residential N/A 9.57 / Residence 9.57 2391-311-00-018 Residential N/A 9.57 / Residence 9.57 2391-311-00-019 Residential N/A 9.57 / Residence 9.57 Total 141.91 4 CURRENT PEAK HOUR TRIP GENERATION The following is a summary of the private roadway current daily trip generation: Table 3 Current Peak Hour AM and PM Trips on Weekdays Vehicles Currently Accessing The Site Peak Hour Weekday Vehicle Trips Peak Hour Trips 1 AM Peak Hour PM Peak Hour In Out Total In Out Total Heavy Vehicles 2 2 1 1 2 1 1 2 All Other Vehicles 12 6 6 12 6 6 12 Total Vehicles 14 7 7 14 7 7 14 1. The peak hour trips traffic volume has been estimated using a K-factor of 0.10 in accordance with the Highway Capacity Manual, HCM 2000, published by the Transportation Research Board 2. The percentage of Heavy Vehicle Traffic has been estimated as 15 percent, in accordance with the Highway Capacity Manual, HCM 2000, published by the Transportation Research Board. CURRENT AVERAGE DAILY TRAFFIC The current average daily traffic (ADT) on the existing private roadway has been calculated to be 142 trips per day. The current average daily traffic (ADT) on Colorado State Highway 82 is 20,000 trips per day, according to the Colorado Department of Transportation traffic statistics. Refer to Figure 6 of the Appendix. PROPOSED CONSTRUCTION ACTIVITIES Proposed construction activities are to include; site grading, installation of irrigation pipes, and installation of soil processing equipment. During construction, activities will also include operation of the proposed Soil Hauling, Processing and Handling Facility. At the site, soil would be imported using dump trucks. The imported soil would be screened and sorted into different piles of rock, fill and topsoil. Some of the material would stay on the site for the creation of pastures and berms on the property. Other sorted soils would be trucked away to earthwork projects throughout the region. The existing private roadway is to remain unchanged. Refer to Figure 5 of the Appendix. Construction staging and operation is to be contained entirely within the property. The existing private roadway is adequate to accommodate the anticipated construction traffic. The expected duration of the construction and operation is to be approximately 10 years. During construction, the anticipated frequency of heavy truck trips is to be a maximum of 20 heavy vehicle trips per day on weekdays. 5 No construction within the Colorado State Highway 82 Right-Of-Way is proposed. All construction is to be within the property limits. Therefore no lane closures or traffic interruptions of the highway are anticipated. No County or State access permits should be needed. PROPOSED DAILY TRIP GENERATION DURING CONSTRUCTION The applicant has quantified the daily trip generation to and from the site during construction and operation of the proposed facility as 20 trips of heavy vehicle trips per day on weekdays. The following is a summary the calculated daily trip generation for the private roadway on a weekday, during construction and operation of the facility: Table 4 Private Roadway Avg. Daily Trips on Weekdays during Const. & Operation Parcel Number Proposed Use Gross area S.F. Traffic Rate Avg. Daily Trips 2391-293-00-082 Construction N/A 20.00 / Day 20.00 2391-293-00-082 Residential N/A 9.57 / Residence 9.57 2391-322-00-031 Residential N/A 9.57 / Residence 9.57 2391-322-00-030 Residential N/A 9.57 / Residence 9.57 2391-322-00-026 Church 5,760 9.11 / 1,000 S.F. 52.47 2391-322-00-001 Church 2,464 9.11 / 1,000 S.F. 22.45 2391-311-00-001 Residential N/A 9.57 / Residence 9.57 2391-311-00-017 Residential N/A 9.57 / Residence 9.57 2391-311-00-018 Residential N/A 9.57 / Residence 9.57 2391-311-00-019 Residential N/A 9.57 / Residence 9.57 Total 161.91 PROPOSED PEAK HOUR TRIP GENERATION DURING CONSTRUCTION The following is a summary of the proposed private roadway current daily trip generation during construction and operation: Table 5 Proposed Peak Hour AM & PM Trips Weekdays during Const & Operation Vehicles Currently Accessing The Site Peak Hour Weekday Vehicle Trips Peak Hour Trips AM Peak Hour PM Peak Hour In Out Total In Out Total Heavy Vehicles 4 2 2 4 2 2 4 All Other Vehicles 12 6 6 12 6 6 12 Total Vehicles 16 8 8 16 8 8 16 6 PROPOSED AVERAGE DAILY TRAFFIC DURING CONSTRUCTION The proposed average daily traffic (ADT) on the existing private roadway during construction and operation of the facility has been calculated to be 162 trips per day. The proposed additional 20 trips per day equates to a proposed increase in ADT of fourteen (14) percent above current levels. The proposed average daily traffic (ADT) on Colorado State Highway 82 during construction and operation has been calculated to be is 20,020 trips per day. The proposed additional 20 trips per day equates to a proposed increase in ADT of on tenth (0.1) percent above current levels. Refer to Figure 7 of the Appendix. PROPOSED POST-CONSTRUCTION ACTIVITIES Proposed activities are to include operation of the proposed Soil Hauling, Processing and Handling Facility. At the site, soil would be imported using dump trucks. The imported soil would be screened and sorted into different piles of rock, fill and topsoil. Some of the material would stay on the site for the creation of pastures and berms on the property. Other sorted soils would be trucked away to earthwork projects throughout the region. Operation of the facility is to be contained entirely within the property. The existing private roadway is to remain unchanged. The existing private roadway will adequately accommodate the anticipated traffic. The expected duration of construction and operation is to be approximately 10 years. The anticipated frequency of heavy truck trips is to be a maximum of 20 trips per day on weekdays. No work within the Colorado State Highway 82 Right-Of-Way is proposed. All work is to be within the property limits. Therefore no lane closures or traffic interruptions of the highway are anticipated. No County or State access permits should be needed. PROPOSED DAILY TRIP GENERATION AFTER CONSTRUCTION The applicant has quantified the daily trip generation to and from the site during the operation of the proposed facility, as 20 trips of heavy vehicle trips per day on weekdays. The following is a summary the calculated daily trip generation for the private roadway on a week day, during operation of the facility: 7 Table 6 Private Roadway Average Daily Trips on Weekdays during Operation Parcel Number Proposed Use Gross area S.F. Traffic Rate Avg. Daily Trips 2391-293-00-082 Operation N/A 20.00 / Day 20.00 2391-293-00-082 Residential N/A 9.57 / Residence 9.57 2391-322-00-031 Residential N/A 9.57 / Residence 9.57 2391-322-00-030 Residential N/A 9.57 / Residence 9.57 2391-322-00-026 Church 5,760 9.11 / 1,000 S.F. 52.47 2391-322-00-001 Church 2,464 9.11 / 1,000 S.F. 22.45 2391-311-00-001 Residential N/A 9.57 / Residence 9.57 2391-311-00-017 Residential N/A 9.57 / Residence 9.57 2391-311-00-018 Residential N/A 9.57 / Residence 9.57 2391-311-00-019 Residential N/A 9.57 / Residence 9.57 Total 161.91 PROPOSED PEAK HOUR TRIP GENERATION AFTER CONSTRUCTION The following is a summary of the proposed private roadway current daily trip generation during operation of the facility: Table 7 Proposed Peak Hour AM & PM Trips Weekdays during Operation Vehicles Currently Accessing The Site Peak Hour Weekday Vehicle Trips Peak Hour Trips AM Peak Hour PM Peak Hour In Out Total In Out Total Heavy Vehicles 4 2 2 4 2 2 4 All Other Vehicles 12 6 6 12 6 6 12 Total Vehicles 16 8 8 16 8 8 16 PROPOSED AVERAGE DAILY TRAFFIC AFTER CONSTRUCTION The proposed average daily traffic (ADT) on the existing private roadway during operation of the facility has been calculated to be 162 trips per day. The proposed additional 20 trips per day equates to a proposed increase in ADT of fourteen (14) percent above current levels. The proposed average daily traffic (ADT) on Colorado State Highway 82 during operation of the facility has been calculated to be is 20,020 trips per day. The proposed additional 20 trips per day equates to a proposed increase in ADT of on tenth (0.1) percent above current levels. Refer to Figure 8 of the Appendix. 8 CONCLUSION Based on the trip generation forecasts, the proposed construction and operations are not anticipated to have negative impacts on Colorado State Highway 82 or the nearby County roadways. The noted increase in traffic during and after construction represents a minor net increase 14 percent above the average daily traffic trip levels for the existing onsite private roadway and a negligible net increase of 0.1 percent above the average daily traffic trip levels for Colorado State Highway 82. REFERENCES Trip Generation, 6th Edition, Institute of Traffic Engineers, 1997 Highway Capacity Manual, HCM 2000, Transportation Research Board, 2000 A Policy on Geometric Design of Highways and Streets, American Association of State Highway and Transportation Officials, 2001 State of Colorado Highway Access Code, Colorado Department of Transportation, 2002 Unified Land Use Resolution, Garfield County Colorado, March 20, 2017 Hunter Creek Group Partial Topographic Survey, The Kennel Property, True North Colorado LLC, August 18, 2017. Highway Traffic Statistics, Colorado Department of Transportation, 2018 Garfield County Assessor’s Records, Garfield County Colorado, 2018 9 An Employee-Owned Company Land Surveying Civil Engineering January 8, 2018 Revised: February 12, 2018 Joe Gebhardt 14927 Bonaire Circle Fort Myers, FL 33908 Email: jpg@huntergroup.com Re: Gebhardt Soil Hauling, Processing and Handling Facility Private Roadway Evaluation HCE Project No. 2171040.00 Dear Joe; On January 5, 2018 High Country Engineering Inc. visited your property to evaluate the private roadway serving the following nine (9) properties: Table 1 Affected Properties and Their Current Uses Parcel Number Address Owner Current Use 2391-293-00-082 16704 Highway 82 GEBHARDT, JOSEPH Residential 2391-322-00-031 16478 Highway 82 CALDWELL, JAMES MATTHEW Residential 2391-322-00-030 16476 Highway 82 TORNARE, RENE Residential 2391-322-00-026 16704 Highway 82 MID VALLEY BAPTIST CHURCH Church 2391-322-00-001 16472 Highway 82 ROARING FORK BAPTIST CHURCH Church 2391-311-00-001 16470 Highway 82 MENDOZA, LUIS Residential 2391-311-00-017 16400 Highway 82 BARNETT, FAMILY TRUST Residential 2391-311-00-018 16460 Highway 82 PRATT, REVOCABLE TRUST Residential 2391-311-00-019 16468 Highway 82 BENSON, DEE Residential According to Trip Generation, 6th Edition, published by the Institute of Traffic Engineers, the following traffic rates have been utilized to calculate average traffic volumes on a typical weekday: • Detached housing generates 9.57 Average Daly Trips (ADT), on a weekday. • Churches generate 9.11 Average Daly Trips (ADT) per 1,000 square feet of gross floor area, on a weekday. Applying the above Trip Generation Rates to the current uses of the affected properties, the current Average Daly Trips (ADT), on a weekday has been calculated, as tabulated below: 1517 Blake Avenue, Suite 101 Glenwood Springs, CO 81601 Telephone (970) 945-8676 Fax (970) 945-2555 Gebhardt Soil Hauling, Processing and Handling Facility Private Roadway Evaluation January 8, 2018 Revised: February 12, 2018 Page | 2 Table 2 Affected Properties and Their Current Average Daily Trips on a Weekday Parcel Number Current Use Gross area S.F. Traffic Rate Avg. Daily Trips 2391-293-00-082 Residential N/A 9.57 / Residence 9.57 2391-322-00-031 Residential N/A 9.57 / Residence 9.57 2391-322-00-030 Residential N/A 9.57 / Residence 9.57 2391-322-00-026 Church 5,760 9.11 / 1,000 S.F. 52.47 2391-322-00-001 Church 2,464 9.11 / 1,000 S.F. 22.45 2391-311-00-001 Residential N/A 9.57 / Residence 9.57 2391-311-00-017 Residential N/A 9.57 / Residence 9.57 2391-311-00-018 Residential N/A 9.57 / Residence 9.57 2391-311-00-019 Residential N/A 9.57 / Residence 9.57 Total 141.91 The applicant proposes to operate Soil Hauling, Processing and Handling Facility. The proposed facility is planned to generate a maximum of 20 Trips per day on weekdays. Applying the applicant’s Trip Generation Rate to the current uses of the affected properties, the proposed Average Daly Trips (ADT), on a weekday has been calculated, as tabulated below: Table 3 Affected Properties and Their Proposed Average Daily Trips on a Weekday Parcel Number Proposed Use Gross area S.F. Traffic Rate Avg. Daily Trips 2391-293-00-082 Soil Facility N/A 20.00 20.00 2391-293-00-082 Residential N/A 9.57 / Residence 9.57 2391-322-00-031 Residential N/A 9.57 / Residence 9.57 2391-322-00-030 Residential N/A 9.57 / Residence 9.57 2391-322-00-026 Church 5,760 9.11 / 1,000 S.F. 52.47 2391-322-00-001 Church 2,464 9.11 / 1,000 S.F. 22.45 2391-311-00-001 Residential N/A 9.57 / Residence 9.57 2391-311-00-017 Residential N/A 9.57 / Residence 9.57 2391-311-00-018 Residential N/A 9.57 / Residence 9.57 2391-311-00-019 Residential N/A 9.57 / Residence 9.57 Total 161.91 The proposed maximum increase of the private access road is to be 20 Average Daily Trips (ADT) on a weekday. This proposed increase equates to an increase of 14 Percent in Average Daily Trips above the current weekday traffic volume. According to the State of Colorado Highway Access Code, Volume 2 Regulation 601-1, Section Two, 2.6 (3), highway accesses that increase in vehicle volume less than 20 Percent are considered minor and shall be allowed to remain unaltered. Gebhardt Soil Hauling, Processing and Handling Facility Private Roadway Evaluation January 8, 2018 Revised: February 12, 2018 Page | 3 According to the Roadway Standards tabulated in Table 7-107 of the Garfield County Land Use Development Code (LUDC), private roadways having ADT from 101 to 200, are classified as “Rural Access.” High Country Engineering has evaluated the geometrics of first 500 feet the existing private roadway as depicted on the attached Hunter Creek Group Partial Topographic Survey, The Kennel Property, prepared by True North Colorado LLC, dated August 18, 2017. A summary of the “Rural Access: private roadway standards, measurements and comparisons are tabulated in the following Table 4 below: Table 4 Comparison of County Standards to the first 500 feet of the Existing Roadway Design Standards “Rural Access” Roadway Standards Evaluated Roadway Measurements Compliance To Roadway Standards Capacity (ADT) 101 – 200 162 Yes Minimum Right Of Way Width (feet) 50’ 30’ Easement No Lane Width (feet) 11’ 8’ minimum 14’ maximum 10’ average No Shoulder Width (feet) 4’ 2’ Min. Paved 0 No Ditch Width (feet) 6’ 0 No Cross Slope 2% Chip Seal, 3% Gravel 0 No Shoulder Slope 5% 0 No Minimum Radius (feet) 80’ 150’ Yes Maximum Grade (%) 12% 12% Yes Surface Gravel Gravel Yes Gebhardt Soil Hauling, Processing and Handling Facility Private Roadway Evaluation January 8, 2018 Revised: February 12, 2018 Page | 4 The applicant proposes to improve the geometrics of first 500 feet the existing private roadway on order to comply with applicable “Rural Access” roadway geometric standards. A typical cross section of the proposed “Rural Access” roadway and the proposed grading plan for the project are attached. A summary of the “Rural Access: private roadway standards, measurements and comparisons are tabulated in the following Table 5 below: Table 5 Comparison of County Standards to Proposed Improvements of the first 500 feet Design Standards “Rural Access” Roadway Standards Proposed Roadway Parameters Compliance To Roadway Standards Capacity (ADT) 101 – 200 162 Yes Minimum Right Of Way Width (feet) 50’ 30’ Easement No Lane Width (feet) 11’ 11’ Yes Shoulder Width (feet) 4’ 2’ Min. Paved 4’ Yes Ditch Width (feet) 6’ 6’ Yes Cross Slope 2% Chip Seal, 3% Gravel 3% Gravel Yes Shoulder Slope 5% 5% Yes Minimum Radius (feet) 80’ 150’ Yes Maximum Grade (%) 12% 12% Yes Surface Gravel Gravel Yes Gebhardt Soil Hauling, Processing and Handling Facility Private Roadway Evaluation January 8, 2018 Revised: February 12, 2018 Page | 5 In conclusion, it appears that the proposed improvements along the first 500 feet of the roadway will enable the private roadway to function adequately under the both current and the proposed traffic volumes. Please let us know if we can be of further assistance. Sincerely, Thomas Scott, P.E. Project Manager For and on Behalf of High Country Engineering, Inc. Enclosures 11'-0"11'-0"4'-0"4'-0"6'-0"6'-0"42'-0"Private Rural Access Roadway Easement WidthGravel Lane3% Cross SlopeGravel Lane3% Cross SlopeGravelShoulder5% Cross SlopeGravelShoulder5% Cross SlopeDitchDitch50'-0"Private Rural Access Roadway StandardCross Section Storm Water Management Plan For Site Grading At 16704 U.S. Highway 82 Garfield County, Colorado PREPARED FOR: Roaring Fork Ranch LLC 14927 Bonaire Circle Fort Myers, FL 33908 PREPARED BY: High Country Engineering, Inc. 1517 Blake Avenue, Suite 101 Glenwood Springs, CO 81601 (970) 945-8676 October 19, 2017 Revised: November 15, 2017 Revised: February 15, 2018 HCE JOB NUMBER: 2171040.00 TABLE OF CONTENTS SECTION PAGE I. Site Description 3 II. Construction Sequence 3 III. Proposed Area of Disturbance 3 IV. Description of Soils 3 V. Description of Existing Vegetation 4 VI. Potential Sources of Pollution 4 VII. Allowable Non-Storm Water Discharges 4 VIII. Receiving Waters 4 IV. Best Management Practices (BMP’s) 4 X. Material Handling and Spill Prevention 5 XI. Final Stabilization 6 XII. Inspection and Maintenance 6 XIIL. Retention of Records 6 Appendix A: Vicinity Map Appendix B: Erosion Control Details Appendix C: SWMP Log Appendix D: Site Map and Disturbance Map Appendix E Permit Application Page 2 I. Site Description Roaring Fork Ranch is located at 16704 U.S. Highway 82, which is located approximately between Carbondale and El Jebel, within unincorporated Garfield County. The site is situated within Section 32, Township 7 South, Range 87, West of the 6th Principal Meridian. A Vicinity Map has been included in Appendix A. Proposed construction activities within the site are to include; site grading and installation of culverts. II. Construction Sequence Implementation of this Stormwater Management Plan will begin at the start of construction and be maintained as needed until final stabilization is achieved. The anticipated start of construction is anticipated to begin during the winter of 2018. Construction will consist of multiple phases: 1. Clearing and grubbing the site to remove organics should commence during the winter of 2018. 2. Grading of the proposed landscape berms and installation of culverts should commence in during the winter of 2018 and work in progress for 10 years based on market demand until 2028 3. Landscaping will be completed as market demand allows for completion of the berms. The site should be stabilized by 2028. III. Proposed Area of Disturbance The overall area of the property is approximately 69.5 acres. The estimated total area of the site to be disturbed by clearing, excavation, grading and other construction activities is approximately 10 acres. A Site Map has been included in Appendix D. IV. Description of Soils According to the “Soil Survey of Aspen-Gypsum Area, Colorado” published by the United States Department of Agriculture Soil Conservation Service in cooperation with the Colorado Agricultural Experiment Station, the soil type within the site is Atencio–Azeltine complex. This hydrologic group B soil is described as deep and well drained. The soil is formed in alluvium derived dominantly from sandstone and shale. Permeability is moderate, and water capacity is low. Runoff is slow and the hazard of erosion is slight. Page 3 V. Description of Existing Vegetation The site is currently developed with buildings and equestrian facilities. The majority of the property currently consists of native grasses, shrubs and trees. The estimated percentage of existing ground vegetation coverage of the site is approximately 60-percent. VI. Potential Sources of Pollution Potential pollution sources during construction include equipment refueling and maintenance, grading operations. VII. Allowable Non-Storm Water Discharges No non-storm water discharges are proposed. VIII. Receiving Waters The immediate receiving water of storm water runoff from for the site is the Roaring Fork River, which is situated approximately 1,000 feet south of the site. The Roaring Fork River continues for approximately 16-miles, to the northwest eventually discharging into the Colorado River at Glenwood Springs. The storm water management sequence will include the installation of Best Management Practices (BMP’s), including silt control fence as perimeter sediment control, straw erosion logs, and straw bale check dams, or other BMP’s as necessary. Once the initial BMP’s are in place site grading will begin. Stabilization of the soil will begin after each construction activity is completed, as reasonably as possible, including seeding, landscaping, and necessary erosion control measures. The stabilization methods are further discussed below. IV. Best Management Practices (BMP’s) The following describes the site management practices that will be implemented on the construction site. These BMP’s will be used as necessary to minimize erosion and sediment discharge. Details of commonly installed BMP’s are located in Appendix B. • During clearing and grubbing, excavation and grading construction activities silt control fences will be installed parallel to the toe of banks and at the low side of all cuts. Check dams (staked straw bales and straw logs) will be placed in the flow line of the drainage paths, as necessary. • During rough grading erosion control blankets or vegetation will be placed on slopes of 2:1 or greater as shown on the grading plan. Page 4 • Final re-vegetation and landscaping commence and all necessary seeding for final re-veg will be installed and BMP’s will be maintained until permanent vegetation has taken hold. It is anticipated that these BMP’s will be sufficient to minimize sediment discharge into the river, however additional BMP’s may be used if necessary. Appendix B includes details of the commonly used BMP’s mentioned above. Sediment and mud shall be prevented from leaving the construction site by installing a vehicle tracking pad. The contractor is responsible for cleaning and general upkeep of existing roads used for access. Major soil disturbances will be seeded and mulched within seven (7) days after final grade is reached or if areas have been exposed and inactive for more than forty five (45) days. In the interim condition, water trucks should be utilized onsite for the duration of the construction period to minimize fugitive dust. Good housekeeping BMPs should be followed throughout the entire life of the project. These include the following: ƒ Refuse receptacles should be regularly emptied and equipped with lids, ƒ Keeping machinery in good operating condition to prevent leakage, and ƒ Apply appropriate (not excessive) amounts of fertilizer to the landscaping ƒ Scheduled maintenance of BMPs according to the State of Colorado Rules and Regulations Other housekeeping practices should include general site cleanliness and proper training of employees. X. Material Handling and Spill Prevention In the event that chemicals, fuels or other materials are stored on site the materials should be stored and handled in covered areas to prevent contact with stormwater, and chemicals should be stored within berms or secondary containment devices to prevent leaks and spills from entering stormwater runoff. Cleaning and fueling of machinery should be done during dry weather, if possible. Washing of trucks and other equipment into the irrigation ditches is prohibited. Spills or accidents shall be immediately reported to the SWMP Administrator and depending on the nature of the spill involved, the Colorado Department of Health, Garfield County, and other agencies may need to be notified. Page 5 XI. Final Stabilization Once grading activities are completed, final stabilization of the disturbed areas will occur in accordance with applicable Federal, State and County standards. When the site is determined to have reached the final stabilization stage, straw bales and other perimeter sedimentation control fences can be removed. XII. Inspection and Maintenance A thorough inspection and maintenance of the storm water management system is required every 14 days and after any precipitation or snowmelt event that causes surface runoff. The permit will describe the inspection procedures to follow. As part of the inspection, a logbook must be kept. The following information should be included in the logbook. ƒ Records of any spills, leaks, or overflows, including time, date and weather condition, ƒ Implementation of specific items in SWMP, ƒ Events involving materials handling and storage, ƒ Contacts with regulatory agencies ƒ Maintenance and repair of storm water management controls, ƒ Preventive maintenance activities, ƒ Inspection activities and ƒ Dated photographs. XIII. Retention of Records The permitee shall retain a copy of the Storm Water Management Plan required by this permit at the construction site from the date of project initiation to the date of final stabilization. The permitee shall retain copies of the Storm Water Management Plan and all reports required by the permit and records of all data used to complete this application for a period of at least three years from the date of final stabilization. Page 6 APPENDIX A APPENDIX B APPENDIX C STORM WATER MANAGEMENT PLAN LOG Date Person Action Follow-up Needed STORM WATER MANAGEMENT PLAN LOG Date Person Action Follow-up Needed STORM WATER MANAGEMENT PLAN LOG Date Person Action Follow-up Needed STORM WATER MANAGEMENT PLAN LOG Date Person Action Follow-up Needed STORM WATER MANAGEMENT PLAN LOG Date Person Action Follow-up Needed STORM WATER MANAGEMENT PLAN LOG Date Person Action Follow-up Needed APPENDIX D Soil Transferand Processing Area2 acres in sizeBermBermBermBermBermAccessReseed all disturbed areaswith dryland pasture mixReseed all disturbed areaswith dryland pasture mixStockpileStockpileStockpileStockpileStockpileMobile ScreeningProcessorSeedling Planting Area(400) Narrowleaf Cottonwood(1500) Aspen(65) Coniferous Trees, 4'-6' ht. Colorado Spruce Ponderosa Pine(65) Deciduous Trees, 1.5" cal. Sensation Boxelder Maple Autumn Blaze Maple Aspen Narrowleaf Cottonwood Site Plan/Landscape PlanFebruary 14, 2018Prepared by The Land Studio, Inc • 365 River Bend Way • Glenwood Springs, CO 81601 • 970-927-3690Plant Material LegendReseed all disturbed areaswith dryland pasture mix