HomeMy WebLinkAbout1.0 Original ApplicationCommunity 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 Development in 100-Year Floodplain
Limited Impact Review Development in 100-Year Floodplain Variance
Major Impact Review Code Text Amendment
Amendments to an Approved LUCP
LIR MIR SUP
Rezoning
Zone District PUD PUD Amendment
Minor Temporary Housing Facility Administrative Interpretation
Vacation of a County Road/Public ROW Appeal of Administrative Interpretation
Location and Extent Review Areas and Activities of State Interest
Comprehensive Plan Amendment Accommodation Pursuant to Fair Housing Act
Pipeline Development Variance
Time Extension (also check type of original application)
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): __________________
Applicant:
2 1 7 9 1 2 2 0 0 3 5 0
PROJECT DESCRIPTION
Existing Use: __________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
Proposed Use (From Use Table 3-403): _____________________________________________________
Description of Project: __________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
REQUEST FOR WAIVERS
Submission Requirements
The Applicant requesting a Waiver of Submission Requirements per Section 4-202. List:
Section: ______________________________ Section: _________________________________
Section: ______________________________ Section: _________________________________
Waiver of Standards
The Applicant is requesting a Waiver of Standards per Section 4-118. List:
Section: ______________________________ Section: _________________________________
Section: ______________________________ Section: _________________________________
I have read the statements above and have provided the required attached information which is
correct and accurate to the best of my knowledge.
______________________________________________________ __________________________
Signature of Property Owner or Authorized Representative, Title Date
OFFICIAL USE ONLY
File Number: __ __ __ __ - __ __ __ __ Fee Paid: $_____________________________
VICINITY MAPX-3
3SOLAR ARRAY WORK PLANSRC064204CO LI CSG 3 LLC, MTN SOLAR 535540 RIVER FRONTAGE RDNew Castle, CO 816471750 15TH STREET, 4TH FLOORDENVER, CO 80202www.pivotenergy.net
24.82'39.84'
72.88'
57.88'
381.70'366.71'
594.08'
579.09'727.19'
648.99'
709.56'
489.03'SITE PLANX-3.3
3SOLAR ARRAY WORK PLANSRC064204CO LI CSG 3 LLC, MTN SOLAR 535540 RIVER FRONTAGE RDNew Castle, CO 816471750 15TH ST, STE 400DENVER, CO 80202www.pivotenergy.netPARCEL BOUNDARY
LEASE BOUNDARY
PROJECT FENCE
8' GAME FENCE
S 00°21'00" E 1827.60'B568 P754N 77°04
'
0
0
"
E
1
3
0
1
.
5
0
'
B568 P7
5
4
SITE PLANX-3.1
3SOLAR ARRAY WORK PLANSRC064204CO LI CSG 3 LLC, MTN SOLAR 535540 RIVER FRONTAGE RDNew Castle, CO 816471536 WYNKOOP ST, STE 400DENVER, CO 80202www.pivotenergy.netSITE ACCESS
(USE OF EXISTING
OFF RIVER FRONTAGE RD
SHARED BETWEEN MTN
SOLAR 5 AND CO LI CSG 3)
POINT OF INTERCONNECTION
EXISTING 3P XCEL
DISTRIBUTION POLE
UNDERGROUND MV RUN
FROM STEP UP TRANSFORMER
TO POI
PROJECT FENCE
8' GAME FENCE
EQUIPMENT PADS (2)
AC COMBINER PANEL
PRODUCTION METER
AC DISCONNECT
LOW VOLTAGE PANEL
AC SWITCHGEAR
DAS
WEATHER STATION
STEP UP TRANSFORMERS (2)
UTILITY OWNED
PAD MOUNTED
POTENTIAL
CO-LOCATED
GARDEN
CO LI CSG 3
POTENTIAL
CO-LOCATED
GARDEN
MTN SOLAR 5
LEASE BOUNDARY
PARCEL BOUNDARY
SITE PLANX-3.2
3SOLAR ARRAY WORK PLANSRC064204CO LI CSG 3 LLC, MTN SOLAR 535540 RIVER FRONTAGE RDNew Castle, CO 816471750 15TH ST, STE 400DENVER, CO 80202www.pivotenergy.netSITE ACCESS
(USE OF EXISTING
OFF RIVER FRONTAGE RD
SHARED BETWEEN MTN
SOLAR 5 AND CO LI CSG 3)
EQUIPMENT PADS (2)
AC COMBINER PANEL
PRODUCTION METER
AC DISCONNECT
LOW VOLTAGE PANEL
AC SWITCHGEAR
DAS
WEATHER STATION
NEC 2017 LABELS
AFFIXED PER ARTICLE
110, 690 & 710
ELEVATION DETAIL (3)
ON PAGE X-4EMERGENCY
TURNAROUND AREAS
STEP UP TRANSFORMERS (2)
UTILITY OWNED
PAD MOUNTED
NEC 2017 LABELS
AFFIXED PER ARTICLES
110, 690 & 710
HIGH VOLTAGE SIGNAGE
PERMANENTLY ATTACHED
TO GATES
6" X 4"
6" X 4"
ELECTRICAL EQUIPMENT PAD GATE & PERIMETER FENCE
SIGNAGE AND LABELSX-3.4
3SOLAR ARRAY WORK PLANSRC064204CO LI CSG 3 LLC, MTN SOLAR 535540 RIVER FRONTAGE RDNew Castle, CO 816471750 15TH ST, STE 400DENVER, CO 80202www.pivotenergy.net
ELEVATIONSX-4
3SOLAR ARRAY WORK PLANSRC064204CO LI CSG 3 LLC, MTN SOLAR 535540 RIVER FRONTAGE RDNew Castle, CO 816471750 15TH ST, STE 400DENVER, CO 80202www.pivotenergy.net
pivotenergy.net
April 22, 2020
Mr. Patrick Waller, Senior Planner
Garfield County Community Development
108 8th Street, Suite 401
Glenwood Springs, CO 81601
RE: Request for Minor Modification to Land Use Change Permit (Major Impact), Parcel ID# 2179-122-00-350
Dear Mr. Waller:
Pivot Energy (Pivot) hereby requests that the Garfield County Community Development Director and Staff review
and approve our request for a finding of Minor Modification to the Land Use Change Permit for a Solar Energy
System on Parcel 2179-122-00-350, as granted under Resolution 2016-54 and subsequently amended or extended
under Resolutions 2017-38 and 2019-31. We believe that this Minor Modification request meets all the necessary
criteria outlined in Garfield County Code 4-106(C).
Explanation of Modifications
The modifications proposed by Pivot will result in a Solar Energy System that is materially and functionally
comparable to the originally approved project. The primary factor behind the changes is that, whereas the original
project was designed to accommodate a single Xcel Energy Solar*Rewards Community (S*RC) project award on
the site, Pivot plans to co-locate two S*RC awards on the same site. These projects are identified as the Mtn Solar
5 LLC (SRC# and the CO However due to improvements in solar module efficiency, this will be accomplished within
the 10-acre footprint originally approved for the projects. The primary technical differences are outlined below:
1. Nameplate Capacity Increase: the original submission package detailed a solar project with a nominal 1-
megawatt (AC) generation capacity at the inverters. The revised plans to which Pivot is planning to build
call for a combined nameplate capacity of 1.35-megawatts (AC) at the inverters across the two solar arrays
shown on the attached plans. Each project award may have a generation capacity of up to 1 megawatt
(DC) each, for a combined maximum total of 2-megawatts (DC).
2. Solar Module Selection: the original submission package called for the installation of approximately 10,620
solar modules rated at 110 watts each. Pivot’s design includes a total of approximately 5,000 solar modules
rated at 360 watts each. The higher wattage rating allows us to achieve an increase in generation capacity
while remaining within the overall project footprint of 10 acres and installing fewer solar modules. Pivot is
also proposing to install polysilicon solar modules instead of the thin film solar modules originally
represented. Polysilicon modules are the industry standard selection and are preferred to thin film products
due to their ease of installation and more environmentally-friendly components. Please note that the final
wattage classification of the modules is subject to market availability at time of construction.
3. Electrical Equipment: because we are siting two S*RC awards onsite, Xcel requirements dictate that each
award have separate and unique locations for electrical equipment such as the utility transformers, facility
switchgear and so on. This will result in the construction of an extra concrete pad on site to house the
equipment. The electrical equipment itself will be as originally conceived.
4. Fencing and Access: operational standards require us to fence each S*RC award separately. As shown on
the attached plans, this will result in each electrical equipment pad being accessed by a dedicated gate
with a delineating fence between the two associated solar arrays. The fence will remain the same as
originally approved (8 ft game fence) and shared street access will be taken along a common easement
leading from the same single access point off River Frontage Road as previously represented.
5. Inverter Housing: The original application showed a typical “housing” that would be constructed over the
inverters with a roof and open sides. The inverters that we are proposing are different in a couple of ways.
Firstly, they are smaller and instead of occupying a central point in the array architecture they may be
distributed across the electrical system in a more modular fashion; for example, they may be mounted on
the end of the tracking rows. Secondly, all inverters are NEMA-rated for outdoor use and the additional
structure is unnecessary. Our plans do not contemplate the construction of custom-made inverter housing.
6. Equipment Painting: Condition 9 requires all equipment to be painted a non-glare neutral color. To clarify,
all electrical equipment will be sourced from reliable electrical component suppliers. The equipment on the
pad will be of standard utility grade and rated for outdoor installation and use. As such, these items are
pivotenergy.net
supplied from the manufacturer with finish colors of gray or green that are commonly seen on outdoor
electrical equipment. We believe that the standard electrical equipment finish will meet this condition and
are not planning to re-paint these items after installation.
7. Relative Equipment Heights: Definitive values for the proposed height of electrical equipment are not
readily available upon review; however, we believe that there will be little difference in equipment
elevations above finish grade. As shown on the plans, the height of the solar array rows will be
approximately 5 feet when flat; at maximum tilt (early morning or late afternoon), the highest point of the
solar panel will be approximately 8 feet. Elevation of pad-mounted electrical equipment will be
approximately 8 feet. These dimensions are typical for the use and are not expected to be a significant
departure from the original proposal.
The balance of Pivot’s proposed installation is functionally the same as that which was originally proposed. The
project will still track the sun from east to west throughout the day; the rows within the solar array will still be
oriented north to south; and the project will still occupy the same corner of the lot as originally approved. As shown
on the plans, the total area within the perimeter fence will not exceed 10 acres. The proposed equipment will meet
all applicable utility, State and Federal operational standards and regulations. When viewed from the street, the
Pivot facility will be essentially indistinguishable from the originally proposed project.
Statement of Compliance
Except where changes discussed above may differ from the technical representations made at the original time of
application, Pivot is not seeking relief from any of the original Conditions of Approval listed under Resolution 2016-
54. The project will comply with all applicable Conditions of Approval. Construction and operation of this Solar
Energy System will be conducted in accordance with all applicable Federal, State and local regulations.
We trust that Garfield County Community Development will agree that these design changes qualify as a Minor
Modification to the approved Land Use Permit for this project. It is our intention to quickly move to complete any
outstanding prior conditions and commence construction on this project in the very near future. We look forward to
continued discussions with your office on this topic and stand ready to provide any additional information that would
aid in your review and determination.
Sincerely,
LUKE RICKARD | Director, Project Development
lrickard@pivotenergy.net
D 970.819.2252
Enclosures:
1. Vicinity Map and Site Plan (dated 04.15.2020)
2. Copies of Resolutions 2016-54, 2017-38 and 2019-31
3. Signed Application Form
4. Signed Payment Agreement Form
5. Signed Certification of Mineral Ownership
6. Signed Statement of Authority for DB Solar LLC
7. Signed Authorization Letter from DB Solar LLC
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STATE OF COLORADO )
)ss
County of Garheld )
At a regular meeting of the Board of County Commissioners for Garfield County,
Colorado, held in the Commissioners'Meeting Room, Garfield County Adrninistration Building
iu Clenwood Springs on Monday, the I'r day of August A.D. 2016, there werepresent:
John Martin , Commissioner Chairman
Mike Sarnsan . Commissioner
Tom -Iankovskv " Commissioner
Tari Williems , County Attomey (absent)
Kellv Cave , Assistant County Attorney
-Iean Alherieo , Clerk of the Board (absent)
Kevin Ratchelder , County Manager
when the following proceedings, among others were had and dong to-wit:
REsoLUrr axxofu--5y'
A RESOLUTION OF APPROVAL FOR A LAND USE CHANGE PERMIT FOR A
soLAR EFIERGY SYSTEM, LARGE (MrPA-0r-168415) OPERATED BY CLEAN
ENERGY COLLECTI\{E, ON A 10 ACRE PORTION OF A LARGER 41.08 ACRE
PROPERTY OWNED BY BRENT LEWIS PETERSON AND DENNIS IIANNIGAN,
LOCATED AT 35540 RIYER FRONTAGE ROAD EAST OF THE TOWN OF SILT IN
SECTION 12, TOWNSHTP 6 SOUTrr, RANGE 92 WEST OF THE 6rII PRTNCTPAL
MERIDIAN, GARFIELD COT}NTY
PARCEL NO# 2 I 7 9-1 2 2-00-3 5A
Recitals
A. The Board of County Commissioners of Garfield County, Colorado, "Board" received
a request for a Land Use Change Permit to allow a Solar Energy System, Large, as further
described in Exhibit A, Site Plan.
B. The Solar Energy System, Large, known as the Peterson / Hannigan Community Solar
ArraS is located on ar approximately 10 acre portion of a 41.08 acre parcel of land owned by
Brent Lewis Peterson and Dennis Hannigan-
C. The subject property is located within unincorporated Carfield County in the Rural zone
district east of the Town of Silt offRiver Frontage Road and accessed by an approximately 380
foot private access road.
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D. A Solar Energy System, Large may be permitted in the Rural zone district with a Major
Impact Review.
E. The Board is authorized to approve, deny or approve with conditions a Major Impact
application resulting in issuance of a Land Use Change Permit pursuant to the Garfield County
Land Use and Development Code, as amended.
F. The Planning Commission opened and closed a public hearing on the 8th day of June,
20 l6 for consideration of whether the proposed Land Use Change Permit should be recommended
for approval or denial, during which hearing the public and interested persons were given the
opportunity to express their opinions regardiug the request. At this hearing, the Plauning
Commission voted 8-0 to recommend that the Board of County Commissioners approve the Land
Use Change Permit with conditions.
G. The Board of County Commissioners opened a public hearing on the 1$ day of August,
2016 for consideration of whether the proposed Land Use Change Permit should be granted or
denied, during which hearing tlie public and interested persons were given the oppornrnity to
express their opinions regarding the request.
H. The Board of County Commissioners closed the public hearing on the I't day ofAugust,
2016 to make a final decision.
I. The Board on the basis of substantial competent evidence produced at the
aforementioned hearing, has made the following determinations of fact:
L That proper public notice was provided as required for the hearing before the
Board of County Commissioners.
2. The hearing before the Board of County Commissioners was extensive and
complete, that all pertinent facts, matters and issues were submitted and that all
interested parties were heard at that meeting.
3. That for the above stated and otherreasons theproposed Land Use Change Permit
for the Clean Energy Collective - Solar Energy System, Large is in the best
interest of the health, safety, convenience, order, prosperity and welfare of the
citizens of Garfield County.
4, That with the adoption of conditions, the application is in general conformance
with the 2030 Comprehensive Plan, as amended.
5. That with the adoption of the conditions of Approval the application has
adequately met the requirements of the Garfield County Land Use and
Development Code, as amended.
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RESOLUTION
NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield
County, Colorado, that:
A. The'forgoing Recitals are incorporated by this reference as part of the resolution.
B. The Land Use Change Permit for a Solar Energy System, Large, also known as the Peterson
/ Hannigan Community Solar Array is hereby approved subject to compliance with the
following conditions:
Conditions Prior to Issuance of Land Use Change Permit
l. The Applicant shall obtain aNotice to Proceed from CDOT forthe access
to the site. The Notice to Proceed shall be provided to the Garfield County
Community Development Department prior to issuance of the Land Use
Change Permit.
2. The Applicant shall execute and record the access easement from River
I Frontage Road to the site. A copy ofthe executed and recorded access
-l o " easement shall be provided to the Community Development Deparhnent
J *I* prior to issuance of the Land Use Change Permit.
{ts'3. The Applicant shall provide an explanation of the improvements
necessary and anticipated for the access road and access point on to River
Frontage Road. This explanation shall be reviewed and accepted by the
Garfield County Contract Engineer prior to issuance of the Land Use
Change Permit.
/ 4. The Applicant shall address increased mnoff and drainage from the
l/ impervious areas created by the solar panels prior to issuance of the Land
f tl Q o ,, errl Use Change Permit. This analysis shall be reviewed and accepted by the
"tr.rf-'T/y ff:fi:ar:trntv
contract engineer prior to issuance of the Land use
Conditions of Approval
5. That all representations made by the Applicant in the application shall be
conditions of approval, unless specifically altered by the Board of County
Commissioners.
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6. That the operation of the Clean Energy Collective - Solar Energy System,
Large shall be done in accordance with all applicable Federal, State, and
local regulations governing the operation of this type of facility.
7. The Appticant shall control fugitive dust during construction and
operation of the site.
8. Signage around the perimeter of the facility warning of electrical shock
must be installed.
9. The facility shall maintain compliance with Section 7-306 Lighting, with
all lighting to be directed inward and doward toward the interior of the
site. Facilities shall be painted a non-glare neutral color to lessen any
visual impacts.
10. The Applicant shall comply with their'Noxious Weed Management Plan
including the best management practices.
11. The solar facility area shall be surrounded by an 8' high game fence as
approved by Colorado Parks and Wildlife.
12. Raptor nest deterrent shall be installed on any perch where electrocution
to raptors or other nesting birds could occur.
13. Once the facility is installed and online, the operator shall conduct a
training of the emergency shutdown procedures with Colorado River Fire
Rescue staff.
14, To control the potential for grass fires, the operator shall keep the grass
trimmed to no higher than 8 inches within the fenced lease area at all
times.
l5.The operator shall post tlte address for the lease area,35540 River
Frontage Road, at the commencement of construction for the site. The
address shall be prominently displayed at the entrance gate to the facility.
16. A fire department Knox Box or Knox Padlock shall be installed at the
entrance to the gate for emergency access.
17. The access road shall be designed and constructed to the Standards
outlined in Section 7-107 of the Land Use and Development Code.
18. The landscaping shall be watered throughout the first 2 years after
4
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installation.
ATTEST:BOARD OF
GARFIELD
Upon motion duly made and seconded the
following vote:
COMMISSIONER CIIAIR JOHN F. MARTIN _ , Aye
COMMSSIONERMIKESAMSON - _ _ - ..Aye
COMMISSIONER TOM JANKOVSKY ., Aye
STATEOFCOLORADO )
)ss
County of Garfield )
Clerk and ex-officio Clerk of the Board of
County Commissioners, in and for the County and State aforesaid, do hereby certiff that the
arnexed and foregoing Resolution is truly copied from the Records of the Proceeding of the Board
of County Commissioners for said Garfield County, now in my office.
IN WITNESS WHEREOF, I have hereunto set my hand and affxed the seal of said
County, at Glenwood Springs, this _ day of A.D.20_.
County Clerk and ex-officio Clerk of the Board of County Commissioners
Dated rhi, /54 day of G , ' -l- . A.D. 20-,lt a
-.(
\,r,
the
GARFIEL
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EXHIBIT A
SITE PLAN
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STATE OF COI,ORADO )
)ss
County of Garfield )
At a regular meeting of the Board of County Commissioners for Garfield County,
Colorado, held in ttre Commissioners'Meeting Room, Garlield County Administration Building
in Glenwood springs on Monday, the l4th day of August, A.D. 2017, iherewere present:
John Martin ,, Commissioner Chairman
Mike Samson , Commissioner
Tom Jankeysky , Commissioner
County Attorney
Assistant County Attomey
{fn emedco Clerk ofthe Board (absenQ
Kevin Batchelder . Cou nty Manager
when the following proceedings, arnong others were had and done, to-wit:
nEsoLUrroNNo. ,/A. f/
A RESOLUTION CONCERN-ED WITH THE EXTENSION OF TIME TO MEETcoNDrrIoNS Or APPROYAL rOR A SOLAR EN:ERcy SYSTEM, LARGE (MrpA-0r-
16-8415) OPERATEII BY CLEAI\I ENERGY COLLECTfVE, ON A 10 ACRE PORTION
OT'A LARGER 4I.08 ACRE PROPERTY OWNED BY BRENT LEWIS PETERSON
AIYD Df,NNIS HANIMGAN, LOCATED AT 35540 RIVERFRONTAGf, ROAD EAST OF'
TITE TOWN OF SILT IN SECTION 12, TOWNSEIP 6 SOUTH, RANGE 92 WEST OF'
TEE 6TH PRINCIPAL MERIDIAN, GARtrIELD COUNTY
PARCEL NO# 2 t 79- t 22-00-3 50
Recitals
A. The Board of County Commissioners of Garfield County, Colorado, (Board) received
a request fora one year extension of time to meet conditions of approval for'a Major Impact
Review, Land Usc Change Permit to allow a Solar Energy System, Large operated Uy Cir*
Energy Collective, as further described in Resolution 2016-S4 and approveJ on August l,2016.
B. The Applicant submiued their extension request in accordance with the requirements
of the Land Use and Development Code Section 4-101.i.
C. In accordance with the Land Use and Development Code as amended, the Board of
County Commissioners is authorized to grant extensions of time to complete conditions of
approval for Land Use Change permits.
1
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D- At a public meeting held on August 74,2017 the Board considered the question of
whether to grant an extension to satisfy conditions of approval, at which meeting the public and
interested person were given the opportunity to express their opinions regardinithe issuance of
said extension.
RESOLUTION
ryOW TIIEREFORE' BE IT RESOTYED by the Board of County Commissioners of Garfield
County, Colorado, that:
A. The forgoing Recitals are incorporated by this reference as part of the resolution.
B. The approval for a Major Impact Review, Land Use Change Permit for a Solar Energy
System, Large on property owned by Brent Lewis Peterson and Dennis Hannigan is herely
extended for one year to August l, 201g.,
C. AII conditions of approval contained in Resolution No. 2016-54 shatl remain in effect.
D. The requested extension is in the best interest of the health, safety and welfare of the
citizens of Garfield iounty.
Dated thir , q:-- day of €rf t*-r..A4r ' - . e,.n. ZO-..!!Z-.
ATTEST:
COMM
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Upon motion duly made and seconded the foregoing Resolution was adopted by the
following vote:
COII,&INSI9NEKCHAIR JOHN F. MARTIN ' . Aye
COMMISSIONER MIIG SAMSON . Aye
COMMIS-SIONER TOM JANKQVSKY. . Aye
STATEOFCOLORADO )
)ss
County ofGarfield )
I, . County Clerk and ex-officio Clerk of the Board of
County Commissioners, in and for the County and State aforesaid, do liereby certiff that the
annexed and foregoing Resolution is truly copied from the Records of the Proceeding of the Board
of County Commissioners for said Garfield County, now in my office.
IN WITNESS WHEREOF, I have hereunto set my hand and affxed the seal of said
County, at Glenwood Springs, this _ day of A.D.20_.
county clerk and ex-officio clerk of the Board of county commissioners