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HomeMy WebLinkAbout1.00 General Application Materials VERTICAL BRIDGE / T-MOBILE APPLICATION FOR LAND USE CHANGE PERMIT AND LIMITED IMPACT REVIEW APPROVAL THE PROPOSED NEW TOWER AT 1510 FOREST SERVICE ROAD 300, GLENWOOD SPRINGS, CO 81601 VERTICAL BRIDGE SITE # US-CO-5086 PROJECT NAME: SUNLIGHT SKI RESORT Table of Contents 1. Letter of Application 2. Application Materials 3. Site Data Sheet 4. Legal Description 5. Narrative Overview 6. Impact Analysis 7. Land Use Change Permit Standards 8. Telecommunications Facilities Standards 9. Letter of Authorization 10. Property Owner List 11. Property Deed 12. Mineral Rights Owner Information 13. Title Commitment 14. Lease Agreement 15. Utility Will Serve Letter 16. Pre-Application Summary 17. ASAC Study 18. Waiver Requests 19. Waiver Request Standards (Traffic Study & Landscape Plan) 20. Waiver Request Standards (Water Supply Study & Wastewater Management Plan) 21. Waiver Request Standards (Improvement & Development Agreements) 22. Site Plans Letter of Application June 14, 2023 Glenn Hartmann Principal Planner Community Development Department Garfield County Glenwood Springs, CO 81601 RE: Land Use Change Permit and Limited Impact Review Project Name: Sunlight Ski Resort Vertical Bridge Site Number: US-CO-5086 1510 Forest Service 300 Road Glenwood Springs, CO 81601 Dear Mr. Hartmann: Vertical Bridge Development, LLC, d/b/a “Vertical Bridge”, on behalf of T-Mobile has finalized a lease agreement with the landowners of the site referenced above to construct a wireless telecommunications service facility. The proposed facility is designed to house the equipment necessary to provide the technology needed to provide clear and uninterrupted wireless telecommunications services to the residents of Garfield County. The proposed wireless telecommunications facility will consist of a 70’-0” monopole tower with a 4’-0” lightning rod for an overall height of 74’-0” along with support equipment to be located within a 35’-0” x 50’-0” lease parcel. The proposed tower will be erected, owned and managed by Vertical Bridge and upon construction; T-Mobile will locate its antennas on the tower. The proposed tower is being built for T-Mobile to improve coverage in the area. The facility is unstaffed and will only require service technicians, in a pick-up/van sized vehicle, to visit the site approximately once per month. On behalf of Vertical Bridge and T-Mobile, LCC Telecom Services has submitted all required documentation for the proposed tower in accordance with Garfield County Zoning Ordinance. Should you have any questions please feel free to contact me. I look forward to working with you during the approval process in order to provide the residents of Garfield County with the best possible PCS coverage. Sincerely, Michael Bieniek, AICP Zoning Director Application Materials 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 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): __________________ Vertical Bridge Development, LLC 678 488-1866 750 Park of Commerce Drive, Suite 200 Boca Raton FL 33487 mgrugan@verticalbridge.com Mike Bieniek - LCC Telecom 847 287-1156 10700 Higgins Road, Suite 240 Rosemont IL 60018 mbieniek@lcctelecom.com US-CO-5086 Sunlight Ski Tower 1510 Forest Service 300 Road, Glenwood Springs, CO See Attachments Rural (R)3.52 4 PROJECT DESCRIPTION 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: $_____________________________ Existing Use: ____________________________________________________________________________________ Proposed Use (From Use Table 3-403): ____________________________________________________ Description of Project: __________________________________________________________________ 1.The Decision you are appealing. 2.The date the Decision was sent as specified in the notice (date mailed). 3.The nature of the decision and the specified ground for appeal. Please cite specific code sections and/or relevant documentation to support your request. 4.The appropriate appeal fee of $250.00. 5.Please note a completed Appeal Application and fees must be received within 30 calendar days of the date of the final written Administrative Interpretation. For Appeal of Administrative Interpretation please include: Undeveloped, wooded land - located at Forest Service Access Road #300, Glenwood Springs, CO Telecommunications Construction of a tower and associated compound for wireless communications Landscaping Plan Traffic Study Waste Water March 14, 2023Michael Bieniek, Zoning Director - Agent Site Data Sheet Applicant: Vertical Bridge Development, LLC 750 Park of Commerce Drive Suite 200 Boca Raton, FL 33487 T-Mobile 8000 W. 78th Street Suite 400 Edina, MN 55439 Agent: Michael Bieniek, AICP LCC Telecom Services 10700 Higgins Road Suite 240 Rosemont, IL 60018 Tower Owner: Vertical Bridge 750 Park of Commerce Drive Suite 200 Boca Raton, FL 33487 Applicant’s Interest in the Property: Leasehold Project Title: Sunlight Ski Resort Property Owner: Malcom Ross and Theresa Marie Terry 1510 Forest Service Road 300 Glenwood Springs, CO 81601 Address of Property: 1510 Forest Service Road 300 Glenwood Springs, CO 81601 Entitlements Sought: Application for Land Use Change Permit and Limited Impact Review approvals necessary to erect a 70’-0” monopole tower with a 4’-0” lightning rod for a total height of 74’-0” to be located within an 35’-0” x 50’-0” lease area. Legal Description Lot 1, third amendment to Lot 1 and Lot 2 Lorentson Exemption Plat, Reception No. 928445. Situated in the Northeast Quarter of Section 32, Township 7 South, Range 89 West of the 6th PM, County of Garfield, State of Colorado. Parcel ID: 239532100147 (see attached survey) Narrative Overview Vertical Bridge Development LLC, (“Vertical Bridge”) and T-Mobile, seek Land Use Change Permit and Limited Impact Review, and any other necessary approvals in order to install a wireless telecommunications facility on property located at 1510 Forest Service 300 Road, Glenwood Springs, CO 81601. Vertical Bridge and its affiliates have acquired the necessary licenses from the Federal Communications Commission (“FCC”) to provide Personal Communications Services (“PCS”) coverage throughout the United States. These licenses include Garfield County, CO. The monopole tower which Vertical Bridge is proposing to install on behalf of T-Mobile on the property is necessary in order to provide uninterrupted PCS services to the residents of Garfield County, including wireless telephone service, voice paging, messaging and wireless internet and broadband data transmission. All registered wireless provider’s technology operates at various radio frequency bands allocated by the FCC as part of their license. PCS systems operate on a grid system with overlapping cells mesh together, forming a seamless network. No one site can function as a stand-alone entity as each site is interconnected, forming the network. The technical criteria for establishing cell sites are very exacting as to the location and height. Within the Glenwood Springs area, cell sites are generally located approximately one (1) to three (3) miles apart. Vertical Bridge is proposing to erect a 70’-0” monopole tower with a 4’-0” lightning rod along with support equipment within an 35’-0” x 50’-0” lease area. The proposed site at 1510 Forest Service 300 Road, Glenwood Springs, CO 81601 is within the geographic area deemed necessary for T-Mobile and various other wireless telecommunications providers in order to provide uninterrupted services. In accordance with the Garfield County Zoning Ordinance, Vertical Bridge has made application to install a wireless telecommunications facility. The proposed new tower is being erected to allow T-Mobile to provide the necessary coverage for residents in the Glenwood Springs area. The facility is unstaffed and will only require service technicians, in a pick-up/van sized vehicle, to visit the site approximately once per month. Access will be provided via an easement and the proposed property entry at 1510 Forest Service 300 Road, Glenwood Springs, CO 81601. The site is entirely self-monitored through a sophisticated alarm system which is connected to a main switch station. The system alerts personnel to any equipment malfunction or breach of security. Additionally, there is no impact on any city services such as water, sanitation, police and fire. The only services used in connect with the wireless telecommunications facility are power and fiber / land-line telephone. In accordance with FCC regulations, the wireless telecommunications facility will not interfere with any form of communications, including but not limited to, land-line phones, cable and satellite television and radio broadcasts. PCS technology has become a vital part of emergency services, aiding local residents and motorists in a variety of situations, thus helping to protect the general public’s health, safety and welfare. The proposed wireless telecommunications facility at this site will further enhance T-Mobile’s goals of providing the most reliable network possible in this area. The proposed stealth wireless telecommunications facility will be designed and constructed to meet all applicable governmental and industry safety standards. Specifically, Vertical Bridge and T-Mobile will comply with all FCC and FAA rules and regulations regarding construction requirements and technical standards. Any and all RF emissions are subject to the exclusive jurisdiction of the FCC. Any height, lighting or marking issues are subject to the exclusive jurisdiction of the FAA. LCC Telecom Services, on behalf of Vertical Bridge and T-Mobile, looks forward to working with Garfield County to bring the benefits of the proposed service to the entire Garfield County area. The addition of the wireless telecommunications facility will ensure the best uninterrupted wireless services for the citizens of Garfield County. Impact Analysis G. Impact Analysis. Where the proposed development will impact specific features of the site, the Applicant shall describe both the existing conditions and the potential changes created by the project. The Impact Analysis shall include a complete description of how the Applicant will ensure that impacts will be mitigated and standards will be satisfied. The following information shall be included in the Impact Analysis: 1. Adjacent Land Use. Existing use of adjacent property and neighboring properties within 1,500-foot radius. GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 4-33 The surrounding area is mountainous timberland with one single family residence located to the southeast of the proposed location. Also, within the 1,500’ radius of the proposed tower is 4 Mile Road which is approximately 1,000’ south of the proposed tower. 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 consists of mountainous terrain with timberland covering the site. There are no streams, subject to flooding, lakes, high ground water areas. The proposed tower location is in a slightly lower graded portion of the site. 3. Soil Characteristics. A description of soil characteristics of the site that have a significant influence on the proposed use of the land. A Geotechnical study was completed on April 21, 2020, by Tower Engineering Professionals, Inc. Per the study, below are the descriptions of the soil found on the subject property. 4.1) Soil The USCS classification of the materials encountered in the boring include CL, Decomposed Shale, and Weathered Shale. The Standard Penetration Resistance (“N” Values) recorded in the materials ranged from 7 blows per foot to 50 blows per 3 inches of penetration. 4.2) Rock Decomposed Shale was encountered at a depth of 13.5 feet (bgs) in the boring. Weathered Shale was encountered at a depth of 18.5 feet (bgs) in the boring. Refusal of auger advancement was not encountered in the boring. 4.3) Subsurface Water Subsurface water was not encountered in the boring at the time of drilling. It should be noted the subsurface water level will fluctuate during the year, due to seasonal variations and construction activity in the area. 4.4) Frost The TIA frost depth for Garfield County Colorado is 50 inches. 4. Geology and Hazard. A description of the geologic characteristics of the area including any potential natural or manmade hazards, and a determination of what effect such factors would have on the proposed use of the land. The tower site is located on a mountain side where most of the existing grade in the vicinity of the site is over 20%. Being a mountain site, there are inherent risks of geological hazards such as slope failure or avalanches; however, it is an unoccupied facility that poses minimal risk to the public. The surrounding area has good tree coverage indicating that there has not been recent slope movement or avalanches. Ramaker and Associates included a grading plan in the construction drawings designed to keep slopes below a 3:1 ratio. According to the Geotechnical Report completed by TEP, the site has a Site Class D seismic classification. 5. Groundwater and Aquifer Recharge Areas. Evaluation of the relationship of the subject parcel to Floodplains, the nature of soils and subsoils and their ability to adequately support waste disposal, the Slope of the land, the effect of sewage effluents, and the pollution of surface Runoff, stream flow, and groundwater. The site is in the Colorado Plateaus Aquifers Managed Aquifer Recharge Potential area, which is not one of the seven principal aquifers identified by the Colorado Geological Survey. According to the NEPA report provided by Lotis Environmental, the site is not located in a floodplain. Groundwater was not encountered to a depth of 50 feet below ground surface (BGS) in the geotechnical investigation completed by TEP on April 21, 2020. The telecommunications site is unoccupied and will not include any private or public water, sewage, or septic systems or waste disposal. The generator will have a double walled tank to serve as secondary containment for fuel storage. Batteries will be contained within a metal cabinet (Model Delta LB3 Battery Cabinet. The generator and battery cabinet locations are shown in the construction drawings. 6. Environmental Impacts. Determination of the existing environmental conditions on the parcel to be developed and the effects of development on those conditions, including: a. Determination of the long-term and short-term effect on flora and fauna; Per the NEPA report done by Lotis Environmental, there will be no long-term or short- term impact on any flora or fauna. b. Determination of the effect on designated environmental resources, including critical wildlife habitat; Per the NEPA report done by Lotis Environmental, there will be no effect on designated environmental resources, including wildlife habitat. c. Impacts on wildlife and domestic animals through creation of hazardous attractions, alteration of existing native vegetation, blockade of migration routes, use patterns, or other disruptions; and The proposed undertaking will not affect threatened or endangered species or designated critical habitats; nor is it likely to jeopardize the continued existence of any proposed endangered or threatened species; nor is it likely to result in the destruction or adverse modification of proposed critical habitats (as determined by the Endangered Species Act of 1973)? d. Evaluation of any potential radiation hazard that may have been identified by the State or County Health Departments. There will be no potential radiation hazard that may have been identified by the State or County Health Departments. The proposed cell tower and carriers using the facility are governed by the Federal Communications Commission, as such all radio frequency emissions will be in accordance with the standards set forth by the Federal government. 7. Nuisance. Impacts on adjacent land from generation of vapor, dust, smoke, noise, glare or vibration, or other emanations. There will be no impacts on adjacent land from the generation of vapor, dust, smoke, noise, glare or vibration or other emanations. The proposed tower site will consist of a 70’-0” tower along with support equipment, all of which do not does not have any equipment that would emanate any of the above listed. 8. Hours of Operation. The Applicant shall submit information on the hours operation of the proposed use. The proposed facility is unstaffed and requires infrequent site visits by a technician in an SUV sized vehicle approximately once per month. The will be no proposed hours of operation, the tower operates 24 hours per day.                   (716)580‐7000                      www.thelotisgroup.com                     Lotis Environmental, LLC       8899 Main Street, Suite 107                                                                                                                                                                                       Williamsville, NY 14221                                  November 1, 2022 Ms. Jeannette Davis Vertical Bridge Development, LLC 750 Park of Commerce Drive - Suite 200 Boca Raton, Florida 33487 RE: FCC NEPA Summary Report for: Sunlight Ski Resort Site (US-CO-5086) 1510 Forest Service, 300 Road Glenwood Springs, Colorado 81602 Dear Ms. Davis: On October 18, 2022, Per your request, Lotis has reviewed the existing NEPA documentation to determine if documentation was required to be updated. Under the assumption that the proposed scope of work has not been revised as it was originally proposed back in 2018, the NEPA documentation only required an IPaC and informal biological assessment (IBA) update. According to the United States Fish and Wildlife Services’ (USFWS) Information, Planning and Conservation (IPaC) website at least one species was added as potential present within or near the proposed undertaking. Therefore, Lotis was required to complete an informal biological assessment (IBA) to determine if the added species of concern is impacted by the proposed undertaking. Lotis has determined that the added species of concern would not be impacted therefore no further consultation with the USFWS in required. The Lotis Engineering Group, P.C. (Lotis), has completed a Federal Communications Commission (FCC) NEPA investigation relative to the reference proposed undertaking and issues the following Summary Report. Based on the information presented in this report, no further action is required under 47 CFR Subpart 1, Chapter 1, Sections 1.1301-1.1319 of the National Environmental Policy Act. The accuracy of the species list, provided by the Information, Planning, and Conservation (IPaC) website, should be verified every 90 days. This verification can be completed formally or informally as desired. The United States Fish and Wildlife Service (USFWS) recommends that verification be completed by visiting the IPaC website at regular intervals during project planning and implementation for updates to species lists and information. An updated list may be requested through the IPaC system by completing the same process used to receive the initial list. If the list is determined to have been modified to include additional species of concern, an evaluation of those species should be conducted and consultation with the USFWS may have to be re-initiated, depending on the determination of effect or previous response(s) from the USFWS. The applicant/tower builder must immediately notify all interested consulting parties in the event that archaeological properties or human remains are discovered during construction, consistent with Section IX of the Nationwide Programmatic Agreement and applicable law. Should you have any questions or comments, please do not hesitate to contact our office at (716) 276.8707. Sincerely, The Lotis Engineering Group, P.C. David N. Robinson, P.E. President/CEO The Lotis Engineering Group, PC. 6465 Transit Road - Suite 23 East Amherst, NY 14051-2232 Robinson@TheLotisGroup.com Attachments NEPA SUMMARY REPORT September 5, 2018 (Updated November 1, 2022) Prepared By: Miles Walz-Salvador Biologist / NEPA Manager Reviewed By: David N. Robinson, P.E. President/CEO Prepared for: Vertical Bridge Development, LLC 750 Park of Commerce Drive Suite 200 Boca Raton, Florida 33487 Prepared by: The Lotis Engineering Group, P.C. East Amherst, New York US-CO-5086 – Sunlight Ski Resort 1510 Forest Service, 300 Road Glenwood Springs, Colorado 81602 Vertical Bridge Development, LLC NEPA Summary Report The Lotis Engineering Group, P.C. Page 1 US-CO-5086 - Sunlight FCC NEPA CHECKLIST Applicant Name: Vertical Bridge Development, LLC Site Number: US-CO-5086 Site Name: Sunlight Ski Resort Ski Resort Potential Effect LAND USE SCREENING Yes No 1. Is the proposed undertaking located in an officially designated wilderness area? X 2. Is the proposed undertaking located in an officially designated wildlife preserve? X 3. Will the proposed undertaking likely affect threatened or endangered species or designated critical habitats; or is likely to jeopardize the continued existence of any proposed endangered or threatened species; or is likely to result in the destruction or adverse modification of proposed critical habitats (as determined by the Endangered Species Act of 1973)? X 4. Will the proposed undertaking affect districts, sites, building, structures or objects, significant in American history, architecture, archeology, engineering or culture, that are listed (or eligible for listing) in the National Register of Historic Places? X 5. Will the proposed undertaking affect Indian religious site(s)? X 6. Is the proposed undertaking located within a flood plain? X 7. Will construction of the proposed undertaking involve significant change in surface features (e.g., wetland fill, deforestation or water diversion)? X 8. Is the proposed undertaking located in a residential neighborhood and is it required to be equipped with high intensity white lights (as defined by local zoning law)? X 9. a.) Will the antenna structure equal or exceed total power (of all channels) of 2000 Watts ERP (3280 Watts EIRP) and have antenna located less than 10 meters above ground level? X b.) Will the antenna structure equal or exceed total power (of all channels) of 2000 Watts ERP (3280 Watts EIRP) and have antenna located less than 10 meters above floor level? X Prepared By: DeAnna Anglin Biologist / NEPA Writer Vertical Bridge Development, LLC NEPA Summary Report The Lotis Engineering Group, P.C. Page 2 US-CO-5086 - Sunlight DOCUMENTATION FOR FCC NEPA CHECKLIST RESPONSES 1-9: 1. Is the proposed undertaking located in an officially designated wilderness area? Based on maps published by the Bureau of Land Management (BLM), United States Fish and Wildlife Service (USFWS), United States Forest Service (USFS), and National Park Service (NPS), as compiled in the on-line nationalatlas.gov and wilderness.net websites, no designated wilderness areas are located at or near the proposed undertaking. Copies of the Federal Lands and Indian Reservations Map, Wilderness Map, Critical Habitat Map, and National Historic/Scenic Trail Map are included in Appendix A. 2. Is the proposed undertaking located in an officially designated wildlife preserve? Based on maps published by the USFWS, no wildlife refuges or wildlife preserves are located at or near the proposed undertaking. A copy of the USFWS Wildlife Refuge Map is included in Appendix A. 3. Will the proposed undertaking likely affect threatened or endangered species or designated critical habitats; or is likely to jeopardize the continued existence of any proposed endangered or threatened species; or is likely to result in the destruction or adverse modification of proposed critical habitats (as determined by the Endangered Species Act of 1973)? A Lotis staff biologist conducted an informal biological assessment (IBA) at the site of the proposed undertaking. Based on information reviewed, site reconnaissance, and the proposed scope of work, Lotis has determined that the proposed undertaking will have “No Effect” on designated critical habitats or listed federal species of concern. The accuracy of the species list, provided by the Information, Planning and Conservation (IPaC) website, should be verified every 90 days. This verification can be completed formally or informally as desired. The USFWS recommends that verification be completed by visiting the IPaC website at regular intervals during project planning and implementation for updates to species lists and information. An updated list may be requested through the IPaC system by completing the same process used to receive the initial list. If the list is determined to have been modified to include additional species of concern, an evaluation of said species should be conducted and consultation under USFWS guidelines may have to be re-initiated, depending on the determination of effect or previous response from the USFWS. Additionally, Lotis reviewed the state listed species which was obtained by using the Colorado Parks & Wildlife (CPW) – Threatened and Endangered List (http://cpw.state.co.us/learn/Pages/SOC- ThreatenedEndangeredList.aspx). Lotis determined that the proposed undertaking would have no significant impact on state listed species of concern. Copies of the Lotis IBA, the state species list and the IPaC email are included in Appendix B. Per Section 7 consultation guidelines promulgated by the USFWS, “No-effect” determinations do not require section 7 consultation (nationally). We will acknowledge a determination of “no-effect” to a listed species and appreciate knowing that an analysis and determination has been made for listed species, but we generally do not concur with “no-effect” determinations due to a lack of staff resources to handle the workload that would be associated with that. You are not required to contact us for “no-effect” determinations.” Due to Lotis’ determination of “No Effect” on critical habitat and listed federal species of concern, Section 7 consultation is considered to be complete and no further consultation is required. Should the proposed undertaking be revised, Lotis’ previous determination of effect should be considered null and void and be revised to reflect the new proposed undertaking. Copies of the USFWS IPaC receipt and the USFWS Categorical Clearance Statement are included in Appendix B. Additionally, the USFWS has established interim guidelines for recommendations on communication tower siting, construction, operation, and decommissioning as new and existing towers have been determined to significantly impact species which are protected under the Migratory Bird Treaty Act (MBTA), http://www.fws.gov/laws/lawsdigest/migtrea.html, (16 U.S.C. 703-712). The MBTA prohibits the taking, killing, possession, transportation, and importation of migratory birds, their eggs, parts, and nests, except when specifically authorized by the Department of the Interior. While the Act has no provision for allowing unauthorized take, it must be recognized that some birds may be killed at Vertical Bridge Development, LLC NEPA Summary Report The Lotis Engineering Group, P.C. Page 3 US-CO-5086 - Sunlight structures such as communications towers even if all reasonable measures to avoid it are implemented. While it is not possible under the Act to absolve individuals or companies from liability if they follow these recommended guidelines, the Division of Law Enforcement and Department of Justice have used enforcement and prosecutorial discretion in the past regarding individuals or companies who have made good faith efforts to avoid the take of migratory birds. A copy of the 2013 U.S. Fish and Wildlife Service (USFWS) Revised Voluntary Guidelines for Communication Tower Design, Siting, Construction, Operation, Retrofitting, and Decommissioning is included in Appendix B. Vertical Bridge has taken these recommended interim guidelines into consideration and has mitigated the potential effect on migratory birds by siting the proposed undertaking away from sensitive locations such as critical habitats, wilderness areas, wildlife refuges, and wetlands, where species of concern are more likely to be present. Additionally, Vertical Bridge proposes a tower height of no more than 199 feet with a tower design to be that of a self-supporting monopole tower. If lighting is required, Vertical Bridge will use white or red strobe lights with the minimum number, minimum intensity, and minimum number of flashes per minute allowable by the FAA. It should be noted that the proposed project is located within 1.26 miles of an existing 151-foot lattice telecommunications tower to the northwest. The USFWS also regulates and enforces the Bald and Golden Eagle Protection Act (16 U.S.C. 668- 668c). “This Act provides criminal penalties for persons who "take, possess, sell, purchase, barter, offer to sell, purchase or barter, transport, export or import, at any time or any manner, any bald eagle ... [or any golden eagle], alive or dead, or any part, nest, or egg thereof." The Act defines "take" as "pursue, shoot, shoot at, poison, wound, kill, capture, trap, collect, molest or disturb." "Disturb" means “to agitate or bother a bald or golden eagle to a degree that causes, or is likely to cause, based on the best scientific information available, 1) injury to an eagle, 2) a decrease in its productivity, by substantially interfering with normal breeding, feeding, or sheltering behavior, or 3) nest abandonment, by substantially interfering with normal breeding, feeding, or sheltering behavior." In addition to immediate impacts, this definition also covers impacts that result from human-induced alterations initiated around a previously used nest site during a time when eagles are not present, if, upon the eagle's return, such alterations agitate or bother an eagle to a degree that interferes with or interrupts normal breeding, feeding, or sheltering habits, and causes injury, death or nest abandonment. A violation of the Act can result in a fine of $100,000 ($200,000 for organizations), imprisonment for one year, or both, for a first offense. Penalties increase substantially for additional offenses, and a second violation of this Act is a felony.” USFWS: The Bald and Golden Eagle Protection Act, http://www.ecfr.gov/cgi-bin/text- idx?c=ecfr&sid=9a2c074a271d17db16c4a0fa4ca3d2ba&tpl=/ecfrbrowse/Title50/50cfr22_main_0 2.tpl (accessed January 2018). A copy of the Bald and Golden Eagle Protection Act is included in Appendix B. The USFWS has recommended mitigation as indicated above. These are recommendations and should be treated as such unless issued as a requirement to complete Section 7 consultation. Should failure to abide by these recommendations occur, the applicant is assuming responsibility for its failure to comply with the above mentioned Endangered Species Act (ESA), Migratory Bird Treaty Act (MBTA), and The Bald and Golden Eagle Protection Act (BGEA). It is ultimately the responsibility of the applicant to prevent the “take” of a species of concern regardless of whether or not it has completed Section 7 consultation. The term “take” means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, collect, or to attempt to engage in any such conduct. The taking of a listed species of concern (threatened/Endangered), without a federal/state permit, is a severe crime punishable by large fine(s) and confinement. In addition, Lotis contacted the CPW on June 19, 2018, and requested review of the potential adverse effect on state protected habitats and state listed species of concern. On September 5, 2018, Mr. John Groves, District Wildlife Manager – Carbondale for the CPW, responded to Lotis’ review request indicating “There are no known threatened or endangered species in the general area of this project.” Copies of the submission letter and CPW response are included in Appendix B. Vertical Bridge Development, LLC NEPA Summary Report The Lotis Engineering Group, P.C. Page 4 US-CO-5086 - Sunlight 4. Will the proposed undertaking affect districts, sites, buildings, structures or objects, significant in American history, architecture, archeology, engineering or culture, that are listed (or eligible for listing) in the National Register of Historic Places? History Colorado (HC) is the lead State Historic Preservation Office (SHPO) for the State of Colorado. Lotis contracted PaleoWest Archaeology, on June 6, 2018, to determine the potential effect of the proposed undertaking on historic properties (archaeological sites and eligible/listed historic properties) within the Direct and ½-mile Visual Area of Potential Effect (APE) designated by the Federal Communications Commission (FCC). PaleoWest Archaeology completed a Phase-I Cultural Resource Field Survey and conducted research to identify historic properties using resources specified by the HC. Additionally, PaleoWest Archaeology, researched the National Register of Historic Places (NRHP) at http://www.nps.gov/nr/ and did not identify any eligible/listed historic properties within the ½-mile radius APE for the proposed undertaking. A copy of the Class III Inventory report is included in Attachment 3. Lotis prepared and submitted a new tower submission packet (FCC Form 620) through the FCC’s E- 106 electronic filing protocol. Section 106 review was initially submitted via E-106 to the Colorado SHPO on June 19, 2018; however, the Colorado SHPO does not participate in E-106 electronic filing and requested that materials be sent via regular mail to 1200 Broadway, Denver, Colorado, 80202 for review. On June 19, 2018, Lotis forwarded the requested hardcopy packet via USPS. On July 2, 2018, Lotis received a letter response from the HC indicating “no historic properties affected.” Copies of the HC submission cover letter, FCC Form 620, and the HC response are included in Appendix C. In furtherance of Section 106 consultation efforts, Lotis attempted to identify the jurisdiction’s Certified Local Government (CLG) using the National Parks Service website, http://grantsdev.cr.nps.gov/ CLG_Review/search.cfm. Unfortunately, the NPS website did not identify a CLG within the local jurisdiction, therefore Lotis contacted the local jurisdiction for comment. On June 19, 2018, Lotis contacted Mr. Frank Coberly, Administrator for Garfield County, and invited comment on whether the proposed undertaking would have an effect on historic properties within the general vicinity. To date, Lotis has not received a response from Mr. Coberly’s office relative to the proposed undertaking. Copies of the submission cover letter and email submission are included in Attachment 7. In addition, Lotis submitted an information package to the Glenwood Springs Historical Society on June 19, 2018. To date, Lotis has not received a response from the Glenwood Springs Historical Society relative to the proposed undertaking. Copies of the submission letter and email submission are included in Attachment 8. Finally, Lotis contacted the Post Independent and published a legal public notice in the classified section on June 28, 2018. The proposed undertaking was detailed in the ad and calls for public concerns regarding potential adverse effect on historic properties in the area were solicited. To date, Lotis has not received any public response from the aforementioned public notice concerning the proposed undertaking’s potential effect on historic properties. Copies of the legal public notice text, tear sheet, and Affidavit of Publication are included in Attachment 8. 5. Will the undertaking affect Indian religious site(s)? Lotis utilized the FCC’s Tower Construction Notification System (TCNS) to identify tribal entities with interest in the proposed undertaking. The initial TCNS filing was submitted on June 5, 2018. The FCC responded via e-mail on June 8, 2018, indicating that twenty one (21) nationally recognized tribes were forwarded information regarding the location of the proposed undertaking via electronic or regular mail. The Spirit Lake Nation, Crow Creek Sioux Tribe, Rosebud Sioux Tribe, Flandreau Santee Sioux Tribe, Standing Rock Sioux Tribal Council, Jicarilla Apache Nation, Southern Ute Tribe, Ute Mountain Ute Tribe, Kiowa Indian Tribe, Cheyenne-Arapaho Tribes of Oklahoma, Kaw Nation, Apache Tribe of Oklahoma, Blackfeet Nation, Crow Tribe, Fort Belknap Indian Community, Eastern Shoshone Tribe, Northern Arapaho, Skull Valley Band of Goshute Indians, Ute Indian Tribe, Northwestern Band of Shoshone Nation, and the Northern Cheyenne Tribe required additional information delivered to them. The requested documentation was forwarded to the tribes via registered mail or email on June 19, 2018. As of the date of this report, Lotis has received clearance from all interested tribes. Copies of original submission cover letters and tribal responses are included in Appendix D. Vertical Bridge Development, LLC NEPA Summary Report The Lotis Engineering Group, P.C. Page 5 US-CO-5086 - Sunlight 6. Is the undertaking located within a flood plain? Lotis attempted to review the Flood Insurance Rate Map (FIRM) for the Garfield County Unincorporated Areas, Colorado (Map Number 080251850B) published by the Federal Emergency Management Agency (FEMA). However, according to the FEMA website, the map is not printed and is therefore not located within a 100-year floodplain. A copy of the FIRMette (flood plain map) is included in Appendix E. 7. Will construction of the proposed undertaking involve significant change in surface features (e.g., wetland fill, deforestation or water diversion)? According to the online United States Fish and Wildlife Service National Wetlands Inventory Map (NWIM), http://www.fws.gov/wetlands/Data/Mapper.html, for the proposed undertaking, no mapped wetlands are located at or within close proximity to the proposed undertaking. Additionally, Lotis has determined that no significant deforestation or water diversion is anticipated due to the proposed undertaking. A copy of the National Wetlands Inventory Map is included in Appendix F. 8. Is the proposed undertaking located in a residential neighborhood and is it required to be equipped with high intensity white lights (as defined by local zoning law)? The proposed undertaking is assumed not to be equipped with high intensity white lights. Should the applicant decide to place high intensity lighting on the proposed undertaking, additional consultation will be recommended. 9. a.) Will the antenna structure equal or exceed total power (of all channels) of 2000 Watts ERP (3280 Watts EIRP) and have antenna located less than 10 meters above ground level? The proposed undertaking is assumed not to equal or exceed total power (of all channels) of 2000 Watts ERP (3280 Watts EIRP) and have antenna located less than 10 meters above ground level. Should the antenna structure equal or exceed total power (of all channels) of 2000 Watts ERP (3280 Watts EIRP) and have antenna located less than 10 meters above ground level further consultation is required. b.) Will the antenna structure equal or exceed total power (of all channels) of 2000 Watts ERP (3280 Watts EIRP) and have antenna located less than 10 meters above floor level? The proposed undertaking is assumed not to equal or exceed total power (of all channels) of 2000 Watts ERP (3280 Watts EIRP) and have antenna located less than 10 meters above floor level. Should the antenna structure equal or exceed total power (of all channels) of 2000 Watts ERP (3280 Watts EIRP) and have antenna located less than 10 meters above floor level further consultation is required. Land Use Change Permit Standards Article 7: Standards DIVISION 1. GENERAL APPROVAL STANDARDS. The following General Approval Standards apply to all proposed Land Use Changes, including divisions of land, unless elsewhere in this Code a use is explicitly exempt from one or more standards. 7-101. ZONE DISTRICT USE REGULATIONS The Land Use Change shall comply with Article 3, Zoning, including any applicable zone district use restrictions and regulations. The subject parcel is zoned R (Rural) and is larger in size than the 2-acre minimum lot requirement and meets the setback requirements and thus complies with the zoning regulations. 7-102. COMPREHENSIVE PLAN AND INTERGOVERNMENTAL AGREEMENTS The Land Use Change is in general conformance with the Garfield County Comprehensive Plan and complies with any applicable intergovernmental agreement. The applicant has worked to minimize adverse impact on the property and adjacent landowners. The applicant has developed this site within the trees to help reduce visual impact of the tower and not adversely affect adjacent property rights. The applicant has performed their environmental studies and environmental impacts of the proposed facility will be minimal to non-existent. The applicant’s proposed facility is a small footprint compared to the size of the property. The development is located in a treed area and the installation is designed to preserve the character of the property. The development does not take away the rural character of the property and area. 7-103. COMPATIBILITY The nature, scale, and intensity of the proposed use are compatible with adjacent land uses. The subject property is located in the Sunlight Ski resort area of the county which is very rural except for the seasonal traffic of the resort. The surrounding area is mostly made up of tree covered mountain ranges and will be concealed by the landscape making it compatible with its surroundings. 7-104. SOURCE OF WATER All applications for Land Use Change Permits shall have an adequate, reliable, physical, long term, and legal water supply to serve the use, except for land uses that do not require water, or that contain Temporary Facilities served by a licensed water hauler. A. BOCC Determination. The BOCC, pursuant to C.R.S. § 29-20-301, et seq., shall not approve an application for a Land Use Change Permit, including divisions of land, unless it determines in its sole discretion, after considering the application and all of the information provided, that the Applicant has satisfactorily demonstrated that the proposed water supply will be adequate. Nothing in this section shall be construed to require that the Applicant own or have acquired the proposed water supply or constructed the related infrastructure at the time of the application. B. Determination of Adequate Water. The BOCC’s sole determination as to whether an Applicant has an Adequate Water Supply to meet the water supply requirements of a proposed development shall be based on consideration of the following information: 1. The documentation required by the Water Supply Plan per section 4- 203.M.; 2. A letter from the State engineer commenting on the documentation provided in the Water Supply Plan per section 4-203.M.; 3. Whether the Applicant has paid to a Water Supply Entity a fee or charge for the purpose of acquiring water for or expanding or constructing the infrastructure to serve the proposed development; and 4. Any other information deemed relevant by the BOCC to determine, in its sole discretion, whether the water supply for the proposed development is adequate, including without limitation, any information required to be submitted by the Applicant pursuant to this Code or State statutes. This is an unmanned facility and water is not needed for this project. 7-105. CENTRAL WATER DISTRIBUTION AND WASTEWATER SYSTEMS A. Water Distribution Systems. The land use shall be served by a water distribution system that is adequate to serve the proposed use and density. 1. Where water service through a Water Supply Entity is not physically or economically feasible, a central well and distribution system is preferred over individual wells. 2. A Central Water Distribution System is required if: a. The property is located within 400 feet of a Central Water System, the system is available and adequate to serve the proposed development, and connection is practicable and feasible; or b. The residential development consists of 15 or more dwelling units. B. Wastewater Systems. The land use shall be served by a wastewater system that is adequate to serve the proposed use and density. 1. Every effort shall be made to secure a public sewer extension. Where connections to an existing public sewer are not physically or economically feasible, a central collection system and treatment plant is preferred. 2. A central wastewater system is required if a. The property is located within 400 feet of a Sewage Treatment Facility, the system is available and adequate to serve the proposed development, and connection is practicable and feasible. b. The property is not suitable for an OWTS on lots less than 1 acre in size. Septic systems are prohibited for new developments on parcels less than 1 acre in size, but may be allowable for legal nonconforming lots. This is an unmanned facility and central water distro & wastewater systems are not needed for this project. 7-106. PUBLIC UTILITIES A. Adequate Public Utilities. Adequate Public Utilities shall be available to serve the land use. 7-3 B. Approval of Utility Easement by Utility Company. Utility easements shall be subject to approval by the applicable utility companies and, where required, additional easements shall be provided for main switching stations and substations. The Applicant shall work with the utility companies to provide reasonablysized easements in appropriate locations. C. Utility Location. Unless otherwise provided in this Code, the following conditions shall apply to the location of utility services. 1. Underground Location. All utilities except major power transmission lines, transformers, switching and terminal boxes, meter cabinets, and other appurtenant facilities shall be located underground throughout the development unless it is demonstrated to the satisfaction of the BOCC that compliance is impractical or not feasible and will result in undue hardship. 2. Easement Location. As applied to Subdivisions and Exemptions, all utility lines, including appurtenances, shall be placed either within roads or public rights-of-way. 3. Dimensional Requirements. a. Easements centered on common Rear Lot Lines shall be at least 16 feet wide. b. Where an easement abuts a Rear Lot Line that is not the Rear Lot Line of another lot, or that is on the perimeter of the development, the easement width shall be a minimum of 10 feet. c. Where inclusion of utilities within the Rear Lot Line is impractical due to topographical or other conditions, perpetual unobstructed easements at least 10 feet in width shall be provided alongside Lots Lines with satisfactory access to the road or Rear Lot Line. d. Where easements are combined with a water course, drainage way, channel, or stream and the use would be in conflict with drainage requirements or Wetlands, an additional utility easement of at least 10 feet in width shall be provided. e. Multiple use of an easement is encouraged to minimize the number of easements. D. Dedication of Easements. All utility easements shall be dedicated to the public. Drainage easement may be dedicated to either the public or to an HOA. E. Construction and Installation of Utilities. Applicants shall make the necessary arrangements with each service utility for the construction and installation of required utilities. Utilities shall be installed in a manner that avoids unnecessary removal of trees or excessive excavations, and shall be reasonably free from physical obstructions. F. Conflicting Encumbrances. Easements shall be free from conflicting legal encumbrances. Electric service will be run to the proposed facility from the adjacent parcel to the east. The applicant also has the rights secured to run the utility service underground along the side of the 15’ wide access easement to the facility if the utility provider chooses to change the route. A 3 gang, 600AMP service will be required to handle the electrical needs of T-Mobile as well as any future tenants we add through collocation. We are currently working to obtain a 'Will Serve' letter from the utility company and finalize our utility coordination report and plan. Century Link provides telephone service to the area. T-Mobile is still determining if fiber is available in the area for their backhaul needs. If not, telephone service will not be utilized on site. 7-107. ACCESS AND ROADWAYS All roads shall be designed to provide for adequate and safe access and shall be reviewed by the County Engineer. 7-4 A. Access to Public Right-of-Way. All lots and parcels shall have legal and physical access to a public right-of-way. B. Safe Access. Access to and from the use shall be safe and in conformance with applicable County, State, and Federal access regulations. Where the Land Use Change causes warrant(s) for improvements to State or Federal highways or County Roads, the developer shall be responsible for paying for those improvements. C. Adequate Capacity. Access serving the proposed use shall have the capacity to efficiently and safely service the additional traffic generated by the use. The use shall not cause traffic congestion or unsafe traffic conditions, impacts to the County, State, and Federal roadway system shall be mitigated through roadway improvements or impact fees, or both. D. Road Dedications. All rights-of-way shall be dedicated to the public and so designated on the Final Plat. They will not, however, be accepted as County roads unless the BOCC specifically designates and accepts them as such. E. Impacts Mitigated. Impacts to County roads associated with hauling, truck traffic, and equipment use shall be mitigated through roadway improvements or impact fees, or both. F. Design Standards. Roadways, surfaces, curbs and gutters, and sidewalks shall be provided as follows: 1. Circulation and Alignment. The road system shall provide adequate and efficient internal circulation within the development and provide reasonable access to public highways serving the development. Roads shall be designed so that alignments will join in a logical manner and combine with adjacent road systems to form a continuous route from 1 area to another. 2. Intersections. No more than 2 streets shall intersect at 1 point, with a minimum of 200 feet between off-set intersections, unless otherwise approved by the County. 3. Street Names. Street names shall be consistent with the names of existing streets in the same alignment. There shall be no duplication of street names in the County. 4. Congestion and Safety. The road system shall be designed to minimize road congestion and unsafe conditions. 5. Continuation of Roads and Dead-End Roads. Roads shall be arranged to provide for the continuation of major roads between adjacent properties when appropriate and necessary for traffic movement, effective fire protection, or efficient provision of utilities. a. If the adjacent property is undeveloped and the road must be temporarily dead- ended, right-of-way shall be extended to the property line and the BOCC may require construction and maintenance of a turnaround for temporary use. The Final Plat shall include a Plat notation that land outside the normal road right-of-way shall revert to abutting property owners when the road is continued, after compliance with the County road vacation process. b. Dead-end streets may be permitted provided they are not more than 600 feet in length and provide for a cul-de-sac or a T-shaped turnaround based on the following design standards. The BOCC may approve longer cul-de-sacs for topographical reasons if adequate fire protection and emergency egress and access can be provided. (1) Cul-de-sacs shall have a radius of at least 45 feet measured from the center of the cul-de-sac, and (a) Nonresidential development shall have at least a 75-foot right-of-way where tractor trailer trucks will enter the property; and (b) Residential development shall have a 50- foot right-of-way; (2) T-shaped Turnaround. (a) Nonresidential development shall have a minimum turning radius of 75 feet where tractor trailer trucks will enter the property; and (b) Residential development shall have a minimum turning radius of 50 feet. c. Dead-end streets shall be discouraged, except in cases where the dead-end is meant to be temporary with the intent to extend or connect the right-of-way in the future. If a dead-end street is approved, room for plowed snow storage shall be included by providing a T-shaped turnaround with a minimum turning radius of 50 feet for residential development and 75 feet for commercial/industrial development where tractor trailer trucks will 7-6 enter the property. A dead-end street is different from a cul-desac in that a dead-end street has no permanent turnaround at the end of the street. 6. Relationship to Topography. Streets shall be designed to be compatible with the topography, creeks, wooded areas, and other natural features. Combinations of steep grades and curves should be avoided. When, due to topography, hazards or other design constraints, additional road width is necessary to provide for the public safety by cut and/or fill area, drainage area, or other road appurtenances along roadways, then dedication or right-of way in excess of the minimum standards set forth in this Code shall be required. 7. Erosion and Drainage. The road system shall minimize erosion and provide for efficient and maintainable drainage structures. 8. Commercial and Industrial. The roads and access in commercial and industrial developments shall be designed to minimize conflict between vehicular and pedestrian traffic. 9. Emergency Access and Egress. Roads shall be designed so as to provide emergency access and egress for residents, occupants, and emergency equipment. Emergency access shall comply with provisions of the International Fire Code and requirements of applicable emergency services, such as fire protection, ambulance, and law enforcement. 10. Traffic Control and Street Lighting. Traffic control devices, street signs, street lighting, striping, and pedestrian crosswalks are to be provided as required by the County Road and Bridge Department or other referral agencies. 11. Drainage Structures. a. Roadway drainage structures such as bridges, culverts, cross pans, inlets, and curbs and gutters shall be provided as determined by design and in conformance with the County road standards. b. Culverts are required where driveways connect to roadways unless specifically exempted by the County Road and Bridge Department. It is the responsibility of the property owners to maintain their culverts free and clear of mud, silt, debris, and ice. Water that flows out of driveways must be diverted to ditches. Damage to a road caused by a blocked culvert, lack of culvert, or driveway Runoff is the responsibility of the property owner and costs of repairs by the County may be billed to the property owner as authorized by C.R.S. Title 43, Article 5. 12. Roadside Ditches. Water flowing in roadside ditches shall be diverted away from the road as quickly as possible. In no case shall water travel in a roadside ditch for a distance greater than 800 feet or have a flow greater than 5 cubic feet per second during a 25- year, 24-hour storm event. Access to the existing residence is via a private driveway that intersects with 4 Mile Road south of the residence. The proposed tower facility will have a 540’ access easement off of that same driveway that will provide access to the site. The access road will be built per the design standards of Article 7 in Garfield County. 7-108. USE OF LAND SUBJECT TO NATURAL HAZARDS Land subject to identified Natural and Geologic Hazards, such as falling rock, landslides, snow slides, mud flows, radiation, flooding, or high water tables, shall not be developed unless it has been designed to eliminate or mitigate the potential effects of hazardous site conditions as designed by a qualified professional engineer and as approved by the County. There does not appear to be natural hazards associated with this property. 7-109. FIRE PROTECTION A. Adequate Fire Protection. Adequate fire protection will be provided for each land use change as required by the appropriate fire protection district. B. Subdivisions. All divisions of land must be reviewed and approved by the appropriate fire protection district for adequate primary and secondary access, fire lanes, water sources for fire protection, fire hydrants, and maintenance provisions. This is an unstaffed facility and fire protection is not needed for this project. However, the access easement will meet the county standards so fire department can access the site if needed. DIVISION 2. GENERAL RESOURCE PROTECTION STANDARDS. The following resource protection standards apply to all proposed Land Use Changes, including divisions of land unless elsewhere in this Code a use is explicitly exempt from 1 or more standards. 7-201. AGRICULTURAL LANDS. A. No Adverse Effect to Agricultural Operations. Land Use Changes on lands adjacent to or directly affecting agricultural operations shall not adversely affect or otherwise limit the viability of existing agricultural operations. Proposed division and development of the land shall minimize the impacts of development on Agricultural Lands and agricultural operations, and maintain the opportunity for agricultural production. B. Domestic Animal Controls. Dogs and other domestic animals that are not being used to assist with the herding or the care of livestock shall not be permitted to interfere with livestock or the care of livestock on Agricultural Lands. The County shall require protective covenants or deed restrictions as necessary to control domestic animals. C. Fences. The County is a Right to Farm County consistent with section 1-301. Fences shall be constructed to separate the development from adjoining Agricultural Lands or stock drives as required to protect Agricultural Lands by any new development and to separate new development from adjoining agricultural operations. All parts of the fencing including such items as gates, cattle guards, boards, posts, and wiring shall be maintained by the owner, HOA, or other responsible entity. D. Roads. Roads shall be located a sufficient distance back from the property boundaries so that normal maintenance of roads, including snow removal, will not damage boundary fences. Dust control shall be required, both during and after construction, to minimize adverse impacts to livestock and crops. E. Ditches. 1. Colorado State Statutes, C.R.S. 37-86-102, provides that “any person owning a water right or conditional water right shall be entitled to a rightof-way through the lands which lie between the point of diversion and point of use or proposed use for the purpose of transporting water for beneficial use in accordance with said water right or conditional water right.” A plat note shall be placed on all final plats and site plans for land use change permits for properties that are impacted by, or contain, irrigation ditches. 2. The Colorado Constitution Article XVI, Section 7 provides that all persons and corporations shall have the right-of-way across public, private and corporate lands for the construction of ditches for the purposes of conveying water for domestic, agricultural, mining, manufacturing and drainage purposes upon just compensation. 3. Rights-of-Way. The land use change shall not interfere with the ditch rights-of-way. 4. Maintenance. Where irrigation ditches cross or adjoin the land proposed to be developed, the developer shall insure that the use of those ditches, including maintenance, can continue uninterrupted. 5. Maintenance Easement. A maintenance easement shall be indicated on any Final Plat for the division of land or for the final development plan for any other land use. The Applicant shall provide a letter from the ditch owner accepting that the development proposal will have no impact on their ability to maintain the ditch and that an adequate maintenance easement is possible. No structure or fence shall be placed within the right-of-way or easement without written permission from the appropriate ditch owner. 6. Ditch Crossings. Ditch crossings shall respect the rights of ditch owner(s) to operate and maintain their ditch without increased burden of maintenance or liability. Development shall minimize ditch crossings. At a minimum all irrigation ditch crossings shall: a. Require the crossing be sized to not interfere with ditch operations or change existing hydraulic flow characteristics; b. Provide vehicle and maintenance equipment access to the ditch from both sides of the ditch crossing from all roads for use by the ditch owner(s); c. Prior to permit application, or construction within the ditch right-ofway the Applicant shall provide a letter from the ditch company regarding agreement with standards contained in the proposed crossing; d. The BOCC may require specific improvements to ditch crossings if determined to be necessary in the review process, particularly if these improvements are required to address safety concerns; 7. Referral to Ditch Owner. Application for Division of Land or Land Use Change Permit that may affect or impact any ditch right-of-way shall include the name and mailing address of the ditch owner. (This information may be obtained by contacting the Water Commissioner at the Colorado Division of Water Resources to determine the ditch owner for purposes of requesting review and comment on the development proposal). 8. Drainage. Application for Division of Land or Land Use Change Permit that includes any improvements located adjacent to or below grade of an irrigation ditch shall address and mitigate potential impacts to the irrigation ditch in a drainage plan. The drainage plan shall demonstrate that the drainage will not impair operation of the ditch. 9. Water Quality and Stormwater Management. No development or changes in land use shall channel surface waters into any irrigation ditch without the written consent of the ditch owner. The proposed wireless telecommunications is not in an Agricultural area. The entire area is a timber covered mountainous area. 7-202. WILDLIFE HABITAT AREAS. The Applicant shall consult with the Colorado Parks and Wildlife or a qualified wildlife biologist in determining how best to avoid or mitigate impacts to wildlife habitat areas. Methods may include, but are not limited to, 1 or more of the following: A. Buffers. Visual and sound buffers shall be created through effective use of topography, vegetation, and similar measures to screen structures and activity areas from habitat areas. B. Locational Controls of Land Disturbance. Land disturbance shall be located so that wildlife is not forced to use new migration corridors, and is not exposed to significantly increased predation, interaction with vehicles, intense human activity, or more severe topography or climate. C. Preservation of Native Vegetation. 1. Proposed Land Use Changes are designed to preserve large areas of vegetation utilized by wildlife for food and cover, based upon recommendations by the Colorado Parks and Wildlife. 2. When native vegetation must be removed within habitat areas, it shall be replaced with native and/or desirable nonnative vegetation capable of supporting post-disturbance land use. 3. Vegetation removed to control noxious weeds is not required to be replaced unless the site requires revegetation to prevent other noxious weeds from becoming established. D. Habitat Compensation. Where disturbance of critical wildlife habitat cannot be avoided, the developer may be required to acquire and permanently protect existing habitat to compensate for habitat that is lost to development. E. Domestic Animal Controls. The County may require protective covenants or deed restrictions as necessary to control domestic animals by fencing or kenneling. A NEPA report was completed by Lotis Environmental, the study concluded there are no impacts to wildlife in the area. 7-203. PROTECTION OF WATERBODIES. A. Minimum Setback. 1. A setback of 35 feet measured horizontally from the Typical and Ordinary High Water Mark (TOHWM) on each side of a Waterbody is required. 2. In the case of entrenched or incised streams, where the vertical distance from the bank exceeds 25 feet, all activities, except for those referenced in section 7-203.A.3, will adhere to a setback of 2.5 times the distance between the TOHWMs or 35 feet, whichever is less. 3. A minimum setback of 100 feet measured horizontally from the TOHWM shall be required for any storage of hazardous materials and sand and salt for use on roads. B. Structures Permitted In Setback. Irrigation and water diversion facilities, flood control structures, culverts, bridges, pipelines, and other reasonable and necessary structures requiring some disturbance within the 35 foot setback may be permitted. C. Structures and Activity Prohibited in Setback. Unless otherwise permitted or approved, the following activities and development shall be prohibited in the 35 foot setback: 1. Removal of any existing native vegetation or conducting any activity which will cause any loss of riparian area unless it involves the approved removal of noxious weeds, nonnative species, or dead or diseased trees. 2. Disturbance of existing natural surface drainage characteristics, sedimentation patterns, flow patterns, or flood retention characteristics by any means, including without limitation grading and alteration of existing topography. Measures taken to restore existing topography to improve drainage, flow patterns, and flood control must be approved. C. Compliance with State and Federal Laws. Any development impacting a Waterbody shall comply with all applicable state and federal laws, including, but not limited to, CDPHE water quality control division regulations and the Army Corp of Engineers regulations and permitting for waters of the U.S. There are no bodies of water present on this property, therefore this provision does not apply. 7-204. DRAINAGE AND EROSION. A. Erosion and Sedimentation. Excluding Grading activities for agricultural purposes, development disturbing 1 acre or more is subject to the CDPHE National Pollutant Discharge Elimination System Permit, unless otherwise exempted by CDPHE. B. Drainage 1. Site Design to Facilitate Positive Drainage. Lots shall be laid out to provide positive drainage away from all buildings. 2. Coordination With Area Storm Drainage Pattern. Individual lot drainage shall be coordinated with the general storm drainage pattern for the area. a. Drainage ditches shall have a minimum Slope of no less than 0.75%. Energy dissipaters or retention ponds shall be installed in drainage ditches where flows are in excess of 5 feet per second. Ditches adjacent to roads shall have a maximum Slope of 3:1 on the inside and outside edges, except where there is a cut Slope on the outside edge, in which case the edge of the ditch shall be matched to the cut Slope. b. Subdrains shall be required for all foundations where possible and shall divert away from building foundations and daylight to proper drainage channels. c. Avoid Drainage to Adjacent Lots. Drainage shall be designed to avoid concentration of drainage from any lot to an adjacent lot. C. Stormwater Run-Off. These standards shall apply to any new development within 100 feet of a Waterbody and to any other development with 10,000 square feet or more of impervious surface area. 1. Avoid Direct Discharge to Streams or Other Waterbodies. Stormwater Runoff from project areas likely to contain pollutants shall be managed in a manner that provides for at least 1 of the following and is sufficient to prevent water quality degradation, disturbance to adjoining property, and degradation of public roads. a. Runoff to Vegetated Areas. Direct run-off to stable, vegetated areas capable of maintaining Sheetflow for infiltration. Vegetated receiving areas should be resistant to erosion from a design storm of 0.5 inches in 24 hours. b. On-Site Treatment. On-site treatment of stormwater prior to discharge to any natural Waterbody by use of best management practices designed to detain or infiltrate the Runoff and approved as part of the stormwater quality control plan prior to discharge to any natural Waterbody. c. Discharge to Stormwater Conveyance Structure. Discharge to a stormwater conveyance structure designed to accommodate the projected additional flows from the proposed project, with treatment by a regional or other stormwater treatment facility. 2. Minimize Directly-Connected Impervious Areas. The site design shall minimize the extent of directly-connected impervious areas by including the following requirements: a. Drainage Through Vegetated Pervious Buffer Strips. Runoff from developed impervious surfaces (rooftops, Parking Lots, sidewalks, etc.) shall drain over stable, vegetated pervious areas before reaching stormwater conveyance systems or discharging to Waterbodies. b. Techniques Used in Conjunction with Buffer Strip. The requirement that all impervious areas drain to vegetated pervious buffer strips may be reduced if the outflow from the vegetated pervious buffer strip is directed to other stormwater treatment methods. Examples of other potential techniques to be used in conjunction with vegetated pervious buffer strip are: infiltration devices, grass depressions, constructed Wetlands, sand filters, dry ponds, etc. c. Grass Buffer Strip Slope Design. When impervious surfaces drain onto grass buffer strips, a Slope of less than 10% is encouraged, unless an alternative design is approved by the County. 3. Detain and Treat Runoff. Permanent stormwater detention facilities are required to be designed to detain flows to historic peak discharge rates and to provide water quality benefits and maintained to ensure function. Design criteria for detention facilities include: a. Detention facilities shall ensure the post-development peak discharge rate does not exceed the pre-development peak discharge rate for the 2-year and 25-year return frequency, 24- hour duration storm. In determining Runoff rates, the entire area contributing Runoff shall be considered, including any existing offsite contribution. b. To minimize the threat of major property damage or loss of life, all permanent stormwater detention facilities must demonstrate that there is a safe passage of the 100-year storm event without causing property damage. c. Channels downstream from the stormwater detention pond discharge shall be protected from increased channel scour, bank instability, and erosion and sedimentation from the 25-year return frequency, 24-hour design storm. d. Removal of pollutants shall be accomplished by sizing dry detention basins to incorporate a 40-hour emptying time for a design precipitation event of 0.5 inches in 24 hours, with no more than 50% of the water being released in 12 hours. If retention ponds are used, a 24-hour emptying time is required. For drainage from Parking Lots, vehicle maintenance facilities, or other areas with extensive vehicular use, a sand and oil grease trap or similar measures also may be required. To promote pollutant removal, detention basins length-to-width ratio should be not less than 2, with a ratio of 4 recommended where site constraints allow. A sedimentation “forebay” is recommended to promote long-term functioning of the structure. Access to both the forebay and pond by maintenance equipment is required. e. Culverts, drainage pipes, and bridges shall be designed and constructed in compliance with AASHTO recommendations for a water live load. The tower site is located on a mountain side where most of the existing grade in the vicinity of the site is over 20%. Being a mountain site, there are inherent risks of geological hazards such as slope failure or avalanches; however, it is an unoccupied facility that poses minimal risk to the public. The surrounding area has good tree coverage indicating that there has not been recent slope movement or avalanches. Ramaker and Associates included a grading plan in the construction drawings designed to keep slopes below a 3:1 ratio. According to the Geotechnical Report completed by TEP, the site has a Site Class D seismic classification. 7-205. ENVIRONMENTAL QUALITY. A. Air Quality. Any Land Use Change shall not cause air quality to be reduced below acceptable levels established by the Colorado Air Pollution Control Division. B. Water Quality. At a minimum, all hazardous materials shall be stored and used in compliance with applicable State and Federal hazardous materials regulations. The proposed monopole tower will not have an impact on air or water quality. No hazardous materials will be on site for the proposed monopole tower. 7-206. WILDFIRE HAZARDS. The following standards apply to areas subject to wildfire hazards as identified on the County Wildfire Susceptibility Index Map as indicated in the County’s Community Wildfire Protection Plan. A. Location Restrictions. Development associated with the land use change shall not be located in any area designated as a severe wildfire Hazard Area with Slopes greater than 30% or within a fire chimney as identified by the Colorado State Forest Service. B. Development Does Not Increase Potential Hazard. The proposed Land Use Change shall be developed in a manner that does not increase the potential intensity or duration of a wildfire, or adversely affect wildfire behavior or fuel composition. C. Roof Materials and Design. Roof materials shall be made of noncombustible materials or other materials as recommended by the local fire agency. The proposed monopole tower will not increase the potential hazard of wildfires in the area. The are no flammable objects to be stored on site and the equipment used in the broadcast of the wireless signal will not impact potential wildfires. In fact, the enhanced wireless services could aid in any rescue or firefighting operations. 7-207. NATURAL AND GEOLOGIC HAZARDS. A. Utilities. Above-ground utility facilities located in Hazard Areas shall be protected by barriers or diversion techniques approved by a qualified professional engineer. The determination to locate utility facilities above ground shall be based upon the recommendation and requirements of the utility service provider and approved by the County. B. Development in Avalanche Hazard Areas. Development may be permitted to occur in Avalanche Hazard Areas if the development complies with the following minimum requirements and standards, as certified by a qualified professional engineer, or qualified professional geologist, and the plan approved by the County. 1. Building construction shall be certified to withstand avalanche impact and static loads and otherwise protected by external avalanche-defense structures that have been similarly certified. 2. Driveways and Subdivision roads shall avoid areas where avalanches have return periods of fewer than 10 years. 3. Clear-cutting or other large-scale removal of vegetation is prohibited in avalanche path starting zones, or in other locations that can increase the potential avalanche hazard on the property. 4. Extractive operations in Avalanche Hazard Areas are prohibited when snow is on the ground unless a program of avalanche control and defense measures has been approved by the County to protect the operation. C. Development in Landslide Hazard Areas. Development may be permitted to occur in Landslide Hazard Areas only if the development complies with the following minimum requirements and standards, as certified by a qualified professional engineer, or qualified professional geologist, and as approved by the County. 1. Development shall comply with recommended construction practices to artificially stabilize, support, buttress, or retain the potential slide area and to control surface and subsurface drainage that affects the slide area. 2. The following development activities shall be prohibited in Landslide Hazard Areas: a. Activities that add water or weight to the top of the Slope, or along the length of the Slope, or otherwise decrease the stability of the Hazard Area. Measures and structural improvements to permanently control surface and subsurface drainage from the development shall be required. b. Activities that remove vegetation or other natural support material that contributes to its stability. c. Activities that increase the steepness of a potentially unstable Slope. d. Activities that remove the toe of the landslide, unless adequate mechanical support is provided. D. Development in Rockfall Hazard Areas. Development shall be permitted to occur in rockfall Hazard Areas only if the Applicant demonstrates that the development cannot avoid such areas and the development complies with the following minimum requirements and standards, as certified by a qualified professional engineer, or a qualified professional geologist, and as approved by the County. 1. Development shall comply with recommended construction practices to minimize the degree of hazard. Construction practices may include: a. Stabilizing rocks by bolting, gunite application (cementing), removal of unstable rocks (scaling), cribbing, or installation of retaining walls. b. Slowing or diverting moving rocks with rock fences, screening, channeling, damming, or constructing concrete barriers or covered galleries. c. Installation of structural barriers around vulnerable structures to prevent rock impact. 2. The following development activities shall be prohibited in rockfall Hazard Areas: a. Activities that add water or weight to, or otherwise decrease the stability of, cliffs or overhanging strata. b. Activities that will reduce stability, including activities that remove vegetation or other natural support material, or that require excavation, or cause erosion that will remove underlying support to a rockfall Hazard Area. E. Development in Alluvial Fan Hazard Area. Development shall only be permitted to occur in an alluvial fan if the Applicant demonstrates that the development cannot avoid such areas, and the development complies with the following minimum requirements and standards, as certified by a qualified professional engineer, or qualified professional geologist, and as approved by the County: 1. Development shall be protected using structures or other measures on the uphill side that channel, dam, or divert the potential mud or debris flow. 2. Disturbance shall be prohibited in the drainage basin above an alluvial fan, unless an evaluation of the effect on Runoff and stability of the fan and on the ground water recharge area shows that disturbance is not substantial or can be successfully mitigated. F. Slope Development. Development on Slopes 20% or greater shall only be permitted to occur if the Applicant demonstrates that the development complies with the following minimum requirements and standards, as certified by a qualified professional engineer, or qualified professional geologist, and as approved by the County: 1. Building lots with 20% or greater Slope shall require a special engineering study to establish the feasibility of development proposed for the site. The study shall address feasibility of construction required for the use and describe the mitigation measures to be used to overcome excessive Slope problems. 2. Development shall be permitted to occur on Slopes greater than 30% only if the Applicant demonstrates that the development cannot avoid such areas and the development complies with the following minimum requirements: a. Cutting, filling, and other Grading activities shall be confined to the minimum area necessary for construction. b. Development shall be located and designed to follow natural grade, rather than adjusting the site to fit the structure. Roads and driveways built to serve the development shall follow the contours of the natural terrain and, if feasible, shall be located behind existing landforms. 3. Development on Unstable or Potentially Unstable Slopes. If a site is identified as having moderate or extremely unstable Slopes, then development shall be permitted only if the Applicant demonstrates that the development cannot avoid such areas and the development complies with certified geotechnical design and construction stabilization and maintenance measures. a. Cutting into the Slope is prohibited without provision of adequate mechanical support. b. Adding water or weight to the top of the Slope, or along the length of the Slope, is prohibited. c. Vegetation shall not be removed from the Slope unless the integrity of the Slope can be adequately maintained. 4. Development on Talus Slopes. Development shall be permitted to occur on a Talus Slope only if the Applicant demonstrates that the development cannot avoid such areas, and the development complies with the following minimum requirements and standards, as certified by a qualified professional engineer, or a qualified professional geologist, and as approved by the County: a. The development shall be designed to withstand down Slope movement. b. The design shall include buried foundations and utilities below the active Talus Slope surface. c. Site disturbance shall be minimized to avoid inducing slope instability. d. The toe of a Talus Slope shall not be removed unless adequate mechanical support is provided. G. Development on Corrosive or Expansive Soils and Rock. Development in areas with corrosive or expansive soils and rock shall be designed based upon an evaluation of the development’s effect on Slope stability and shrink-swell characteristics. Development shall be permitted only if the Applicant demonstrates that the development cannot avoid such areas and the development complies with design, construction stabilization, and maintenance measures certified by a qualified professional engineer, or qualified professional geologist, and is approved by the County. 1. Surface drainage shall be directed away from foundations. 2. Runoff from impervious surfaces shall be directed into natural drainages or otherwise on- site in a manner that does not create or increase adverse impacts to the development site or to adjacent or other property. H. Development in Mudflow Areas. Development shall be permitted in a mudflow area only if the Applicant demonstrates that the development cannot avoid such areas, and the development adequately employs, construction stabilization, and mitigation and maintenance measures as designed by a qualified professional engineer, or qualified professional geologist, and as approved by the County. I. Development Over Faults. Development shall be permitted over faults only if the Applicant demonstrates that such areas cannot be avoided and the development complies with mitigation measures based on geotechnical analysis and recommendations, as certified by a qualified professional engineer, or qualified professional geologist, and approved by the County. The proposed monopole tower will not negatively impact any natural or geological items on the site. The proposed installation consists of 70’ tall monopole tower to be located within a 35’-0” x 50’-0” lease parcel. The proposed tower will be located on the east side of the property, away from any potential hazards. All natural geological activities will not be altered significantly. 7-208. RECLAMATION. A. Applicability. These standards shall apply to any development that requires a Land Use Change Permit, including divisions of land, as well as to the following activities: 1. Installation of ISDS. Installation of a new or replacement ISDS. 2. Driveway Construction. Any driveway construction that requires a Garfield County Access Permit or a CDOT Access Permit. 3. Preparation Area. All areas disturbed during development that do not comprise the longer-term functional areas of the site but are those areas used for the short-term preparation of the site. B. Reclamation of Disturbed Areas. Areas disturbed during development shall be restored as natural-appearing landforms that blend in with adjacent undisturbed topography. When the final landform is achieved, the surface shall be stabilized by vegetation or other means to reduce further soil erosion from wind or water, provide forage and cover, prevent fugitive dust as required by State Statute, and reduce visual impacts. 1. Contouring and Revegetation. Abrupt angular transitions and linear placement on visible Slopes shall be avoided. Areas disturbed by Grading shall be contoured so they can be revegetated, and shall be planted and have vegetation established. A uniform vegetative cover shall be established with an individual plant density of at least 70% of predisturbance levels within 4 growing seasons. Revegetation cover shall consist of a diversity of native and/or beneficial nonnative vegetation species capable of supporting the post-disturbance land use. State or County listed noxious weeds, as well as alien annual invasive species, do not count as part of the 70% cover. To the maximum extent feasible, disturbed areas shall be revegetated to a desired plant community with composition of weed-free species and plant cover typical to that site. 2. Weed Management. A management plan with appropriate strategies shall be employed for all Garfield County listed noxious weeds, State of Colorado listed noxious weeds that are targeted for statewide eradication and any other invasive species. 3. Application of Top Soil. Top soil shall be stockpiled and placed on disturbed areas and managed for later use in reclamation. Provisions for salvaging on-site topsoil, a timetable for eliminating topsoil and/or aggregate piles and a plan that provides for soil cover if any disturbances or stockpiles will sit exposed for a period of 90 days or more shall be reviewed and accepted by the Garfield County Vegetation Manager. 4. Retaining Walls. Retaining walls made of wood, stone, vegetation, or other materials that blend with the natural landscape shall be used to reduce the steepness of cut Slopes and to provide planting pockets conducive to revegetation. 5. Slash Around Homes. To avoid insects, diseases, and wildfire hazards, all vegetative residue, branches, limbs, stumps, roots, or other such flammable lot-clearing debris shall be removed from all areas of the lot in which such materials are generated or deposited, prior to final building inspection approval. 6. Removal of Debris. Within 6 months of substantial completion of soil disturbance, all brush, stumps, and other debris shall be removed from the site. 6. Time Line Plan. Every area disturbed shall have a time line approved for the reclamation of the site. Access to the proposed tower will be through existing driveways to the site. There will be a 15’ access easement with a gravel access road that will service the proposed tower from the existing driveway. No new curb cut will be necessary. There will be three retaining walls necessary to provide for road stability along the access road. There will be some tree clearing as part of the installation but will be kept to a minimum to avoid any issues with weeds and topsoil issues. DIVISION 3. SITE PLANNING AND DEVELOPMENT STANDARDS. Unless a use is explicitly identified elsewhere in this Code as being exempt from 1 or more standards, the following standards shall apply to all uses, divisions of land and PUDs. 7-301. COMPATIBLE DESIGN. The design of development associated with the land use change shall be compatible with the existing character of adjacent uses. Single-family dwelling units are exempt from this section. A. Site Organization. The site shall be organized in a way that considers the relationship to streets and lots, solar access, parking, pedestrian access, and access to common areas. B. Operational Characteristics. The operations of activities on the site shall be managed to avoid nuisances to adjacent uses relating to hours of operations, parking, service delivery, and location of service areas and docks. 1. Dust, odors, gas, fumes, and glare shall not be emitted at levels that are reasonably objectionable to adjacent property. 2. Noise shall not exceed State noise standards pursuant to C.R.S., Article 12 of Title 25, unless the use is regulated by the COGCC. In this case, the use shall be subject to COGCC Rules regarding noise abatement. 3. Hours of operation shall be established to minimize impacts to adjacent land uses. C. Buffering. Buffering shall be installed to mitigate visual, noise, or similar impacts to adjacent property whenever adjacent uses are in a different zone district. D. Materials. Exterior facades shall be constructed with materials that do not detract from adjacent buildings or uses. The proposed wireless telecommunications facility will be compatible with the surrounding environment. The proposed location is in a wooded area which will help provide a natural buffer for the base of the tower. There will be no impacts on adjacent land from the generation of vapor, dust, smoke, noise, glare or vibration or other emanations. The proposed tower site will consist of a 70’-0” tower along with support equipment, all of which do not does not have any equipment that would emanate any of the above listed. The proposed facility is unstaffed and requires infrequent site visits by a technician in an SUV sized vehicle approximately once per month. The will be no proposed hours of operation, the tower operates 24 hours per day. 7-302. OFF-STREET PARKING AND LOADING. Single-family dwelling units are exempt from this section. A. Off-Street Parking Required. All land uses shall be required to provide the number of off- street parking spaces set forth in Table 7-302.A. Any use not specifically listed in Table 7-302.A. shall be determined by the Director. 1. A parking or loading space that is required by this Code shall not be a required parking or loading space for another use unless it can be shown that the shared use will not result in a shortage of parking at any time. Use of approved shared parking or loading spaces, based upon the following conditions, may reduce the number of off-street parking spaces by up to 20% of the total required for all uses. a. The peak use periods for the required parking or loading space will not overlap with one another. b. The shared use arrangement for parking or loading spaces shall be for 2 or more uses located on the same site or adjoining sites. 2. When any calculation of the number of required off-street parking spaces results in a fractional space being required, such fraction shall be rounded up to the next higher number of spaces. B. Off-Street Loading Required. Buildings or structures that are designed or that are substantially altered so as to receive and distribute materials and merchandise by truck shall provide and maintain off-street loading spaces in sufficient number to meet their need. Where the property or use is served or designed to be served by tractor-trailer delivery vehicles, the standards in Table 7-302.B. shall be used in establishing the minimum number of off-street loading berths required. C. Continuing Obligation. The provision and maintenance of off-street parking and loading spaces that comply with this Code shall be a continuing obligation of the property owner. D. Location of Required Parking Spaces. Required off-street parking spaces shall be located on the same lot or the adjacent lot proximate to the business they are intended to serve. E. Loading and Unloading. Loading and unloading of vehicles serving commercial and industrial uses shall be conducted in a manner that does not interfere with the proper flow of traffic. F. Parking and Loading Area Surface. 1. Surface Materials. Off-street parking areas, loading areas, aisles, and access drives shall have a durable, all-weather surface made of materials that are suitable for the uses to which the parking area will be put. 2. Grading and Drainage. Parking and loading surfaces shall be design by an engineer to ensure proper drainage off surface and stormwater. 3. Striping. Paved surfaces shall be striped to demarcate the parking spaces for all commercial lots and for residential lots containing over 4 contiguous spaces. G. Minimum Dimensions of Parking Areas. The minimum dimensions of parking spaces, aisles, and back-up areas are specified in Figure 7-302. The length of a parking space may be reduced to 18 feet, including wheel stop, if an additional area of 2 feet in length is provided for the front overhang of the car, provided that the overhang shall not reduce the width of the adjacent walkway to less than 4 feet. H. Compact Car Spaces. In parking areas containing more than 10 spaces, up to 20% of the number of spaces over the first 10 spaces may be designed and designated for compact cars. 1. Minimum Dimensions. A compact car space shall have minimum dimensions of 8 feet in width by 16 feet in length. 2. Signage. Compact car spaces shall be designated for exclusive use by compact cars and identified by stencil signage or a raised identification sign not to exceed dimensions. I. Minimum Dimensions of Loading Berths. The minimum dimension of any loading berth shall be 10 feet wide by 35 feet long, with a vertical clearance of 14 feet. If the typical size of vehicles used in connection with the proposed use exceeds these standards, the dimensions of these berths shall be increased. J. Handicapped or Accessible Parking. Accessible parking shall comply with the County’s construction codes and the adopted or most recent edition of CABO/ICC ANSI A 117.1. K. Unobstructed Access. Each required parking space shall have unobstructed access from a road or Alley, or from an aisle or drive connecting with a road or Alley, except for approved residential tandem parking. L. Tandem Parking. Tandem parking (a vehicle parking directly behind another) that meets the following conditions may be applied to meet the off-street parking standards of this Code: 1. The space does not impede the movement of other vehicles on the site; 2. Tandem spaces serving multi-family dwelling units are assigned to the same dwelling unit; and 3. Valet parking shall be provided for tandem spaces serving commercial uses. M. Backing Onto Public Streets Prohibited. All parking areas shall be located and designed in conjunction with a driveway so that vehicles exiting from a parking space shall not be required to back onto a public road. Vehicles exiting from a parking space for a single-family, Accessory Dwelling Unit, Secondary Dwelling Unit, or 2-Unit dwelling unit may back onto a residential street. Vehicles exiting from a parking space for any use may back onto the right-of-way of an Alley adjacent to the property. N. Access Driveways. Access driveways for required off-street parking areas shall be designed and constructed to facilitate the flow of traffic, provide maximum safety of traffic access and egress, and the maximum safety of pedestrian and vehicular traffic on the site. Residential access driveways shall be required where off-street requirements exceed 10 parking spaces. 1. Minimum Width. a. The minimum width of the access driveway for a commercial or industrial use shall be 12 feet for a 1-way drive and 24 feet for a 2- way drive. b. The access driveway for a residential use shall be 10 feet for a 1- way drive and 20 feet for a 2-way drive. 2. Clear Vision Area. Access driveways shall have a minimum clear vision area as described and illustrated in section 7-303.I. O. Parking and Loading Area Landscaping and Illumination. Off-street parking and loading areas for nonresidential uses located adjacent to residential uses or Residential Zoning Districts shall be landscaped to minimize disturbance to residents, including installation of perimeter landscaping, proper screening of loading areas with opaque materials, and control of illumination. The proposed facility is unstaffed and requires infrequent site visits by a technician in an SUV sized vehicle approximately once per month. The will be no parking associated with the proposed wireless telecommunications facility. 7-303. LANDSCAPING STANDARDS. Single-Family Dwelling Units, Accessory Dwelling Units, Secondary Dwelling Units, 2-Unit Dwelling Units, Industrial Uses and all uses located fully within a parcel of land in an Industrial Zone District are exempt from this section. Landscaping standards shall only apply to Industrial Uses seeking reductions in setback requirements. A. General Standards. 1. All portions of the site where existing vegetative cover is damaged or removed, that are not otherwise covered with new improvements, shall be successfully revegetated with a mix of native, adaptive, and droughttolerant grasses, ground covers, trees and shrubs. The density of the reestablished vegetation must be adequate to prevent soil erosion and invasion of weeds after 1 growing season. 2. Landscaping shall not obstruct fire hydrants or utility boxes and shall be installed so it will not grow into any overhead utility lines. Trees and shrubs shall not be planted within 4 feet of existing overhead or underground lines. B. Multi-Family Development. Lots in a Residential Zone District that contain multi-family dwellings shall be landscaped in the areas not covered by impervious materials. C. Subdivision, PUD, and Rural Land Development Exemption. Landscaping in a residential Subdivision, Planned Unit Development, or Rural Land Development Exemption shall be consistent with the character of the development, the unique ecosystem, and specific environment in which the development is located. D. Plants Compatible with Local Conditions. All plants used for landscaping shall be compatible with the local climate and the soils, drainage, and water conditions of the site. When planting occurs on hillsides, Slopes, drainage ways, or similar natural areas, plant material should duplicate adjacent plant communities both in species composition and special distribution patterns. Whenever possible, drought-resistant varieties of plant materials shall be utilized. Xeriscape design principles and the use of native plant species shall be used when appropriate. E. Existing Vegetation. Healthy trees, native vegetation, natural or significant rock outcroppings, and other valuable features shall be preserved and integrated within planting areas. F. Minimum Size. To ensure healthy plant materials are installed in new development, trees and shrubs shall comply with the quality standards of the Colorado Nursery Act, 1973 C.R.S. Title 35, Article 26. 3. Deciduous Trees. Deciduous trees shall be a minimum of 1-1/2 inches in caliper, measured at a point 4 inches above the ground. 4. Coniferous Trees. Coniferous trees shall be a minimum of 4 feet in height, measured from the top of the root ball to the top of the tree. 5. Ornamental Trees. Ornamental trees shall be a minimum of 1-1/2 inches in caliper, measured at a point 4 inches above the ground. 6. Shrubs and Vines. Shrubs shall be a minimum of 1 foot in height at time of planting. Vines shall be in a minimum 1 gallon container. G. Minimum Number of Trees and Shrubs. Trees and shrubs must be grouped in strategic areas and not spread thinly around the site. Where screening is required, plant materials must be sufficient to create a semiopaque wall of plant material between the property and the adjoining area to be screened. H. Parking and Storage Prohibited. Areas required as landscaping shall not be used for parking, outdoor storage, and similar uses, but may be used for snow storage if designed in compliance with section 7- 305, Snow Storage Standards. I. Clear Vision Area. A Clear Vision Area is the area formed by the intersection of the driveway centerline road right-of-way, the other road right-of-way line, and a straight line joining said lines through points 20 feet from their intersection as illustrated in Figure 7-303.A. Within a Clear Vision Area, plant materials shall be limited to 30 inches in height to avoid visibility obstructions or blind corners at intersections as illustrated in Figure 7-303.B. J. Landscaping Within Off-Street Parking Areas. 1. All off-street parking areas containing 15 or more spaces shall provide landscape buffers when adjacent to a public road. Landscape buffers may be achieved through the use of earthen berms, shrubs, trees, or other appropriate materials to effectively screen the parking area from the right-of-way. 2. Interior Parking Areas. Planting shall be established to break up the interior of all parking areas. Landscape planting islands shall be a minimum of 8 feet in width, as shown in Figure 7-303.C, to ensure adequate room for planting. The proposed tower is located in a wooded area and the vast majority of landscaping will remain in place, therefore a waiver has been requested as part of this application. 7-304. LIGHTING STANDARDS. Any exterior lighting shall meet the following conditions: A. Downcast Lighting. Exterior lighting shall be designed so that light is directed inward, towards the interior of the Subdivision or site. B. Shielded Lighting. Exterior lighting shall be fully shielded or arranged in a manner so that concentrated rays of light will not shine directly onto other properties. C. Hazardous Lighting. The direct or reflected light from any light source shall not create a traffic hazard. Colored lights shall not be used in such a way as to be confused or construed as traffic control devices. D. Flashing Lights. Blinking, flashing, or fluttering lights, or other illuminated device that has a changing light intensity, brightness, or color, shall be prohibited in all zone districts. E. Height Limitations. Light sources which exceed 40 feet in height shall not be permitted except for temporary holiday displays or as required by local, State or Federal regulations. There will be no proposed lighting of the tower. The proposed lease area will have four motion sensor porch lights on the corners of their sublease area. The lights will only be illuminated in the event of a visit to the site during evening or dark times and will go off once the technician vacates the area. 7-305. SNOW STORAGE STANDARDS. All residential uses except for multi-family are exempt from this section, unless the residential use includes a common outdoor parking area. A. Minimum Area. A designated area sufficient to store snow from the entire parking area shall be provided. As a general guideline, and considering the varying elevations and snowfall amounts throughout the County, it is anticipated that a minimum area equivalent to 2.5% of the total area of the required off-street parking and loading area, including access drives, shall be designated to serve as a snow storage area. B. Storage in Parking Spaces Prohibited. Required off-street parking and loading areas shall not be used for snow storage. C. Storage in Yards and Open Space Permitted. Snow stored in a yard or Open Space shall not be located in a manner that restricts access or circulation, or obstructs the view of motorists. D. Storage on Public Roadways Prohibited. Public roads shall not be used for snow storage. E. Drainage. Adequate drainage shall be provided for the snow storage area to accommodate snowmelt and to ensure it does not drain onto adjacent property. The only traffic visiting the proposed tower will be an SUV sized vehicle approximately once per month to service the equipment. There will be no public roads, therefore the need for off-street snow storage will not be necessary. 7-306. TRAIL AND WALKWAY STANDARDS. Single-family dwelling units are exempt from this section. A. Recreational and Community Facility Access. A multi-modal connection, such as a trail or sidewalk, shall be provided in a development where links to schools, shopping areas, parks, trails, greenbelts, and other public facilities are feasible. 1. Trail Dedication Standards. Trail rights-of-way for dedicated park lands and Open Space shall conform to the following criteria: a. The land required for trails or walkways shall be set aside as an easement or separate fee interest. b. All easements for trails and walkways will be dedicated to the public. c. The width of the easement shall be adequate to handle the proposed use based on the particular reasonable needs of the trail, its location, the surrounding terrain, and the anticipated usage. The minimum width for the trail easement shall be 8 feet. d. Public access to the trail shall be provided within the subject property. e. Any easement may overlap and include property previously included in other easements, such as ditch, canal, utility and Conservation Easements, and public or private open space. However, the trail easement shall not compromise the functional use of any other easement. B. Safety. Special structures and/or traffic control devices may be required at road crossings to avoid unsafe road crossings. C. Maintenance. Suitable provisions for maintenance of trail and walkway systems shall be established through a perpetual association, corporation, or other means acceptable to the County. There will be no trails or recreational facilities as part of the proposed installation, therefore this does not apply. Telecommunications Facilities Standards In considering a zoning application for a new tower, the Garfield County Board shall consider the following. 7-1102. TELECOMMUNICATIONS FAILITIES. A. New Towers and Facilities. To gain approval to construct a new transmission tower or facility, the Applicant must demonstrate that: 1. The proposed tower or facility has sufficient structural strength or space available to support the Applicant’s Telecommunication Facility and related equipment; and The proposed tower will be designed with sufficient structural strength and space available to support T-Mobile’s proposed equipment. As part of the design process, the tower manufacturer accounts for existing soil conditions when the tower is designed. As such, proper structural analyses are done evaluating the site conditions along with the radio frequency design needs of the carrier(s) locating on the proposed tower. 2. The proposed tower or facility will not cause unreasonable electromagnetic or other interference with the antennas on existing towers, structures, or utility structures; or All frequencies utilized by T-Mobile are allocated by the FCC, as such, there will be no interference with any other electronics equipment including but not limited to, antennas on existing towers, structures or utility structures. 3. No owner of existing towers, structures, or utility structures, within a distance that meets the Applicant’s engineering requirements, will allow the Applicant to place its tower or facility thereon. The proposed tower is located approximately 1.25 miles from the nearest tower which has a similar height as the proposed tower. The existing tower does not provide adequate coverage for T-Mobile in this area, therefore the proposed tower is necessary. B. Structural and Engineering Standards. The Applicant shall submit evidence concerning structural and engineering standards prepared by a qualified professional engineer. The safety of the property and the neighborhood shall be protected. Vertical Bridge will provide tower drawings with the building permit application. The drawings will include structural calculations and certification from a Colorado certified engineer. C. Public Utility Structures. Towers or facilities that are proposed to be mounted on existing structures of public utilities that have a franchise or other written permission from the County and useconcealed towers and facilities are permitted in all nonresidential zoning districts, unless otherwise specified by this Code. 1. The County may approve the placement, extension, or replacement of a transmission tower or Telecommunication Facility on an existing Public Utility structure up to 50 feet above the highest point on the same; and 2. The County may waive public notice and other submittal requirements if the Director believes that the public interest will not be harmed by such a waiver. The proposed equipment for T-Mobile is not going to be located on a public utility structure, therefore these provisions do not apply. D. Design, Materials, and Color. Transmission towers and Telecommunication Facilities shall be designed and maintained to minimize visual impact, carry gravity, and wind loads required by law. At a minimum, the transmission towers and facilities shall meet the following design standards: 1. Architectural integration with existing buildings, structures, and landscaping, including height, color, style, massing, placement, design, and shape. Concealment or stealth methods, such as camouflaging transmission towers to look like light poles or trees, may be required. 2. Located on existing vertical infrastructure such as utility poles and Public Building or utility structures. 3. Roof-mounted antennas shall be located as far away as feasible from the edge of the building. Antennas attached to the building should be painted or otherwise treated to match the exterior of the building. 4. Equipment shelters and antennas shall not extend more than 10 feet from the top of the building unless expressly approved by the County. 7-57 5. Located in areas where the existing topography, vegetation, buildings, or other structures provide screening. The proposed tower is a 70’ monopole tower which is located approximately 0.2 miles north of Forest Road 300. There are existing trees on the property which will help to provide a natural buffer for the tower. E. Lighting and Signage. Only lighting and signage required by a Federal or State agency is allowed. No advertising is allowed. There is no proposed lighting on the tower, all lighting and signage will be in accordance with the FCC and FAA requirements. No advertising will be present on this site. F. Non-Interference. All wires, cables, fixtures, and other equipment shall be installed in compliance with the requirements of the National Electric Safety Code and all FCC, FAA, State and local regulations, and in such a manner that will not interfere with radio communications, electronic transmissions, or all other electromagnetic communications or otherwise cause a safety hazard. All construction and frequencies used on this site will be in accordance with National Electric Safety Code and all FCC, FAA, State and local regulations, therefore there will be no interfere with radio communications, electronic transmissions, or all other electromagnetic communications or otherwise cause a safety hazard. G. Federal Aviation Agency Form. The Applicant shall submit FAA Form 7460-1, Notice of Proposed Construction or Alteration, except that such form shall not be required for the following: 1. An amateur radio antenna, if owned and operated by a federally-licensed amateur radio operator or used exclusively for a receive-only antennae; 2. Any existing tower and antennae provided a Building Permit was issued for a tower or antennae prior to the adoption of this Code; 3. Any emergency Telecommunications Facilities used exclusively for emergency services including, but not limited to, police, fire, and operation of governmental entities; and 4. Any antennae used for FCC licensees engaged in AM, FM, or television broadcasting. All appropriate licenses and notices required by the FCC and FAA for this site will be obtained and provided as required. The FAA has been applied for but not received as of this date. The appropriate documentation will be provided prior to the issuance of a Building Permit. H. Telecommunications Act. All Telecommunications Facilities shall comply with all applicable standards of the Federal Telecommunications Act of 1996, and all applicable requirements of the FAA. The proposed tower is in compliance with the Telecommunications Act of 1996. Letter of Authorization Property Owners List Physical Address Owner Mailing Address Not available CARBONDALE WHITE RIVER NATIONAL FOREST PO BOX 948 GLENWOOD SPRINGS, CO 81602 2771 117 COUNTY RD GLENWOOD SPRINGS MARTINO, DARLENE C & ELLIS, JOYCE I 3075 COUNTY ROAD 117 GLENWOOD SPRINGS, CO 81601 Not available GLENWOOD SPRINGS LORENTSON, LARRY TODD FAMILY TRUST 03/25/2015 PO BOX 932 KOKOMO, IN 46903 1510 FOREST SERVICE RD #300 GLENWOOD SPRINGS TERRY, MALCOLM ROSS & THERESA MARIE 1510 FOREST SERVICE ROAD 300 GLENWOOD SPRINGS, CO 81601 Property Deed Mineral Rights Owners Information July 8,2019 Mineral interests research for the Lorentson Exemption Plat Parcel This purpose of this letter is to document the research into mineral interests for the properties involved in the proposed amendment of the plat of the Lorentson Exemption plat. I reviewed the deeds involved and found no mention of mineral ownership. I reviewed the title insurance policy and found no mineral ownership for this property. I obtained a Property Profile report from the Assessor’s office for the Section 32 township 7 Range 89 section and found no mineral ownership for the parcels. I reviewed the Mineral Estate ownership book at the clerk and recorders office and found no record of mineral ownership for these parcels. I researched the Clerk and recorders computer records for the Parcels and found no mineral ownership that pertained to these parcels. Respectfully, Malcolm Ross Terry Title Commitment Strategic Market Services 7130 Glen Forest Ave, Ste. 300 • Richmond • Virginia • 23226 866.522.0129 We love being your national partner For the benefit of:Vertical Bridge REIT, LLC Issue Date:March 7, 2023 Our Order No.:26753487 County:Garfield State:CO Address:, CO Customer Ref. No.:US-CO-5086 This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Fidelity National Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Commitment for Title Insurance (07/01/2021)Printed: 03.07.23 @ 05:21 PM Page 1 VA-FT-FXHG-03000.916135-SPS-1-23-26753487 ALTA COMMITMENT FOR TITLE INSURANCE Commitment Number: Issued By: 26753487 NOTICE IMPORTANT - READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT. THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION, OPINION OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY, AND CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED. THE COMPANY’S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY OTHER PERSON. COMMITMENT TO ISSUE POLICY Subject to the Notice; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions; and the Commitment Conditions, Fidelity National Title Insurance Company, a Florida corporation (the "Company"), commits to issue the Policy according to the terms and provisions of this Commitment. This Commitment is effective as of the Commitment Date shown in Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the specified dollar amount as the Proposed Policy Amount and the name of the Proposed Insured. If all of the Schedule B, Part I-Requirements have not been met within one hundred eighty (180) days after the Commitment Date, this Commitment terminates and the Company’s liability and obligation end. Fidelity National Title Insurance Company By: Countersigned By: Authorized Officer or Agent Walter A. Wilson, III Michael J. Nolan, President Attest: Marjorie Nemzura, Secretary This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Fidelity National Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Commitment for Title Insurance (07/01/2021)Printed: 03.07.23 @ 05:21 PM Page 2 VA-FT-FXHG-03000.916135-SPS-1-23-26753487 FIDELITY NATIONAL TITLE INSURANCE COMPANY COMMITMENT NO. 26753487 Transaction Identification Data for reference only: ISSUING OFFICE: Strategic Market Services-FNT 7130 Glen Forest Drive, Suite 300 Richmond, VA 23226 Main Phone: (866)552-0129 Email: sms-commercial@fnf.com Order Number:26753487 Prepared For:Vertical Bridge REIT, LLC Customer Ref.:US-CO-5086 SCHEDULE A 1. Commitment Date: February 28, 2023 2. Policy to be issued: (a)ALTA Owner's Policy 2021 Proposed Insured:Vertical Bridge Development, LLC, a Delaware limited liability company Proposed Policy Amount:$250,000.00 (b) Proposed Insured: Proposed Policy Amount:$0.00 3. The estate or interest in the Land described or referred to in this Commitment is: Leasehold Estate 4. The Title is, at the Commitment Date, vested in: Malcolm Ross Terry and Theresa Marie Terry 5. The Land is described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF END OF SCHEDULE A EXHIBIT "A" Legal Description This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Fidelity National Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Commitment for Title Insurance (07/01/2021)Printed: 03.07.23 @ 05:21 PM Page 3 VA-FT-FXHG-03000.916135-SPS-1-23-26753487 An interest in land, said interest being over a portion of the following described parent parcel: Lot 1 (Exemption Parcel): As shown on the “Amendment to Lorentson Exemption Plat, Section 32, Township 7 South, Range 89 West, 6th. P.M., Garfield County, Colorado recorded November 2015 as Reception No. 870055, containing 5.00 acres. Together with the following described parcel: Beginning at a point whence a 3” Aluminum Cap L.S. No. 15710 found at the North 1/4 Corner of said Section 32 bears N 87°26’47” W a distance of 796.95 feet (with all bearings being relative to a bearing of N 87°26’47” W between said North 1/4 Corner and a 3” Aluminum Cap U.S.F.S. found of the Northwest Corner of Section 33) also being a point at the Northwesterly Corner of a parcel of land described described in Reception No. 253248, thence along the westerly line of said parcel described in Reception No. 253248 S 02°30’15” W a distance of 600.00 feet to Southwesterly Corner of said parcel described in Reception No. 253248; thence N 87°26’47” W a distance of 258.99 feet; thence N 03°07’48” E a distance of 200.03 feet to the Southeasterly corner of said Lot 1, thence continuing along the easterly line of said Lot 1 N 03°07’48” E a distance of 400.00 feet to the northeasterly corner of said Lot 1 also being a point on the northerly line of said Section 32, thence S 87°26’47” E along said northerly line of said Section 32, S 87°25’47” E a distance of 252.44 feet to the point of beginning, containing on area of 3.52 acres, more or less. TOGETHER WITH AND SUBJECT TO: Access Easement Description An Access Easement situate in the NW1/4 of the NE1/4 of Section 32, Township 7 South, Range 89 West of the 6th. Principal Meridian being 30 feet in width and lying 15 feet on each side of the following described centerline: beginning at a point in the right-of-way of USFS Road No. 300 whence the Northwest corner of said NW1/4 of the NE1/4 bears N 24°45’54” W, 1516.58 feet; thence N32°26’19”E 447.98 feet; thence N 18°36’45”E 153.97 feet; thence N 24°00’24” W 62.07 feet; thence N 66°46’06” W 116.97 feet; thence 187.77 feet along the arc of a curve to the left, having a radius of 220.51 feet, a central angle of 48°47’20”, and subtending a chord bearing S 88°50’14” W 182.14 feet; thence S 64°26’34” W 65.73 feet; thence 110.07 feet along the arc of a curve to the right, having a radius of 40.00 feet, a central angle of 157°40’11”, and subtending a chord bearing N 36°43’20” E 78.49 feet; thence N 42°06’46” E 94.45 feet; thence 142.34 feet along the arc of a curve to the right, having a radius of 268.52 feet, a central angle of 30°22’19”, subtending a chord bearing N 57°17’55” E 140.68 feet; thence 114.31 feet along the arc of a curve to the left, having a radius of 40.00 feet, a central angle of 163°44’11”, and subtending a chord bearing N 9°23’01” W 79.20 feet; thence S 88°44’54”W 168.38 feet; thence S 75°17’53”W 195.81 feet; thence S 69°39’07” W 262.03 feet; thence 120.21 feet along the arc of a curve to the right, having a radius of 40.00 feet, a central angle of 172°11’27”, and subtending a chord bearing N 24°15’09”W 79.81 feet; thence N 61°50’34” E 173.96 feet; thence N 39°35’32” E 95.11 feet to the South line of the Exemption parcel, the point of end. AND BEING the same property conveyed to Malcolm Ross Terry and Theresa Marie Terry, as joint tenants, from Leonard E. Lorentson by Special Warranty Deed dated March 5, 1999 and recorded March 18, 1999 in Instrument No. 541990; AND FURTHER BEING A PORTION CONVEYED to Larry Todd Lorentson from Leonard E. Lorentson Family Trust by Special Warranty Deed dated August 16, 2014 and recorded August 18, 2014 in Instrument No. 852719; AND FURTHER CONVEYED to Malcolm Ross and Theresa Marie Terry from Larry Todd Lorentson by Quitclaim Deed dated April 20, 2016 and recorded April 25, 2016 in Instrument No. 876340; AND FURTHER CONVEYED to Malcolm Ross and Theresa Marie Terry, as joint tenants from Larry Todd Lorentson by Quitclaim Deed dated March 20, 2018 and recorded May 15, 2018 in Instrument No. 906739; AND FURTHER CONVEYED to Malcolm Ross and Theresa Marie Terry from Larry Todd Lorentson by Quitclaim Deed dated January 10, 2020 and recorded February 25, 2020 in Instrument No. 932266. EXHIBIT "A" Legal Description This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Fidelity National Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Commitment for Title Insurance (07/01/2021)Printed: 03.07.23 @ 05:21 PM Page 4 VA-FT-FXHG-03000.916135-SPS-1-23-26753487 Tax Parcel No. 2395-321-00-147 Said interest being over land more particularly described by the following description: Insert metes and bounds description of area This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Fidelity National Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Commitment for Title Insurance (07/01/2021)Printed: 03.07.23 @ 05:21 PM Page 5 VA-FT-FXHG-03000.916135-SPS-1-23-26753487 FIDELITY NATIONAL TITLE INSURANCE COMPANY COMMITMENT NO. 26753487 SCHEDULE B, PART I REQUIREMENTS All of the following Requirements must be met: 1. The Proposed Insured must notify the Company in writing of the name of any party not referred to in this Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may then make additional Requirements or Exceptions. 2. Pay the agreed amount for the estate or interest to be insured. 3. Pay the premiums, fees, and charges for the Policy to the Company. 4. Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both, must be properly authorized, executed, delivered, and recorded in the Public Records. 5.The Company must be provided with the executed Owner's Affidavit and Agreement relating to, among other items, bankruptcy, mechanics' liens, and parties in possession. 6.Instrument(s) satisfactory to create the estate or interest to be insured must be properly executed (see Document(s) Requirement Note below), delivered and duly filed for record, including any Recorder of Deeds' or Clerks' required Cover Sheets, Affidavits or Forms: A. Memorandum of Lease from Malcolm Ross Terry and Theresa Marie Terry to Vertical Bridge Development, LLC, a Delaware limited liability company. i. Each document submitted for recording must be executed before an FNF approved Notary for acknowledgement. Properly completed and executed attached Affidavit of Notary will be sufficient evidence of compliance with FNF approved Notary requirement. ii. Each document involving an entity as a party, must include a statement of the state of formation for the entity and must correctly recite any mergers, name changes, fictitious names or erroneous names appearing in the title to clarify the record. iii. Power of Attorney ("POA") - We will not accept documents signed by an agent without prior review and approval by this office. Additional requirements will be added upon approval of a POA. iv. Each document received by this office for recording must be dated and executed no more than five (5) days before we receive it. In some cases a document received by our office more than five (5) days after execution, may be subject to fines or additional fees imposed by the Clerk's office. FNF-SMS is not responsible for payment or fronting of any fine or fee for tardy submission of a document and we may hold such document until we receive funds sufficient to cover the cost of recording plus the fine or fee. 7.Marital status of individuals needs to be disclosed and for a married individual, or more than one individual not married to one another, the following must be complied with {document must recite marital status in spousal/homestead state}: Non-vested spouse must sign if property in: AK, AZ, AR, CA, IA, KS, KY, LA, MN, MO, NC, NE, NV, NH, NM, OH, OK, PA (only if pending divorce or action involving equitable distribution), SD, TN, UT, WA, or WY; or Non-vested spouse must sign if property is homestead property and in: FIDELITY NATIONAL TITLE INSURANCE COMPANY COMMITMENT NO. 26753487 SCHEDULE B, PART I REQUIREMENTS (continued) This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Fidelity National Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Commitment for Title Insurance (07/01/2021)Printed: 03.07.23 @ 05:21 PM Page 6 VA-FT-FXHG-03000.916135-SPS-1-23-26753487 AL, CO, FL, ID, IL, MA, MI, MS, MT, NJ (referred to as "joint possession of the principal matrimonial residence"), ND, TX (non-vested spouse must sign Homestead Affidavit or insured document), VT or WI (unless purchase money mortgage); or Non-vested spouse not required to transfer to a bona fide purchaser if property in: CT, DE, DC, GA, HI, IN, ME, MD, NY, OR, RI, SC, VA, or WV. 8.The Company will require the following documents for review prior to the issuance of any title insurance predicated upon a conveyance or encumbrance from the entity named below. Limited Liability Company: Vertical Bridge Development, LLC, a Delaware limited liability company a. A copy of its operating agreement, if any, and any and all amendments, supplements and/or modifications thereto, certified by the appropriate manager or member. b. If a domestic Limited Liability Company, a copy of its Articles of Organization and all amendment thereto with the appropriate filing stamps. c. If the Limited Liability Company is member-managed a full and complete current list of members certified by the appropriate manager or member. d. A current dated certificate of good standing from the proper governmental authority of the state in which the entity was created e. If less than all members, or managers, as appropriate, will be executing the closing documents, furnish evidence of the authority of those signing. The Company reserves the right to add additional items or make further requirements after review of the requested documentation. 9.INFORMATION REQUIRED BEFORE WE CAN COMMIT TO ISSUE POLICY: The search did not disclose any open mortgages or deeds of trust of record, therefore the Company reserves the right to require further evidence to confirm that the property is unencumbered, and further reserves the right to make additional requirements or add additional items or exceptions upon receipt of the requested evidence. We are providing an Affidavit to assist in your providing evidence the property is unencumbered. Upon receipt of this Affidavit we may make additional requirements before being able to insure this property free and clear of mortgages or deeds of trust. We are requiring a separate, specific affidavit to this fact and will not rely on the Owner's Affidavit to satisfy this specific requirement. If Affidavit is not attached to this commitment for your use please ask for a copy. END OF REQUIREMENTS This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Fidelity National Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Commitment for Title Insurance (07/01/2021)Printed: 03.07.23 @ 05:21 PM Page 7 VA-FT-FXHG-03000.916135-SPS-1-23-26753487 FIDELITY NATIONAL TITLE INSURANCE COMPANY COMMITMENT NO. 26753487 SCHEDULE B, PART I (continued) NOTES Note A:The Company must be furnished proof of payment of all real property taxes and assessments that are due and payable. Type of Tax: County For the period: 2022 In the amount of: $1,670.80 annually Tax parcel ID #: 2395-321-00-147 Paid through: 1st half of 2022 Total Assessment: $27,700.00 Any tax delinquencies noted above must be paid at closing, plus penalties and interest. Note B:1. Access and Utility Easement Agreement dated February 24, 2023 by and between Larry Lorentson, Trustee of the Larry Lorentson Family Trust and Malcolm Ross Terry and Theresa Marie Terry recorded February 27, 2023 in Instrument No. 983782. Note C:Notice: Please be aware that due to the conflict between federal and state laws concerning the cultivation, distribution, manufacture or sale of marijuana, the Company is not able to close or insure any transaction involving Land that is associated with these activities. Note D:For transactions this office is not acting as closing agent please send the recording package, instructions, and all documents related to the herein described transaction to the following mailing address within 24 hours prior to the anticipated closing date: Attn: Post-Closing Department Strategic Market Services Fidelity National Title Insurance Company 7130 Glen Forest Drive, Suite 300 Richmond, VA 23226 Email: SMS-PostClosing@fnf.com END OF SCHEDULE B, PART I FIDELITY NATIONAL TITLE INSURANCE COMPANY COMMITMENT NO. 26753487 This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Fidelity National Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Commitment for Title Insurance (07/01/2021)Printed: 03.07.23 @ 05:21 PM Page 8 VA-FT-FXHG-03000.916135-SPS-1-23-26753487 SCHEDULE B, PART II EXCEPTIONS THIS COMMITMENT DOES NOT REPUBLISH ANY COVENANT, CONDITION, RESTRICTION, OR LIMITATION CONTAINED IN ANY DOCUMENT REFERRED TO IN THIS COMMITMENT TO THE EXTENT THAT THE SPECIFIC COVENANT, CONDITION, RESTRICTION, OR LIMITATION VIOLATES STATE OR FEDERAL LAW BASED ON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, GENDER IDENTITY, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN. The Policy will not insure against loss or damage resulting from the terms and provisions of any lease or easement identified in Schedule A, and will include the following Exceptions unless cleared to the satisfaction of the Company: General Exceptions: CLICK HERE TO ACCESS DOCUMENT IMAGES AVAILABLE FROM 02/22/2021 THROUGH 02/03/2022 CLICK HERE TO ACCESS DOCUMENT IMAGES AVAILABLE FROM 08/30/2022 THROUGH 02/03/2023 CLICK HERE TO ACCESS DOCUMENT IMAGES AVAILABLE FROM 02/03/2023 THROUGH 02/28/2023 2. Any defect, lien, encumbrance, adverse claim, or other matter that appears for the first time in the Public Records or is created, attaches, or is disclosed between the Commitment Date and the date on which all of the Schedule B, Part I—Requirements are met. 3. Rights or claims of parties in possession not shown by the Public Records. 4. 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. 5. Easements, or claims of easements, not shown by the Public Records. 6. 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. 7. Taxes or special assessments which are not shown as existing liens by the Public Records. Special Exceptions: 8. Taxes for the second half of the year 2022, and subsequent years, a lien not yet due and payable. 9. Right of way reserved in instrument recorded on 04/10/1972 in Deed Book 429, Page 245. 10. Except the coal, oil, gas and other minerals underlying the surface of said land and all rights and easements in favor of the estate of said coal, oil, gas and other minerals; including, but not limited to, express or implied easements in, over and under that estate for the entry and removal of minerals. This policy should not be construed as insuring against loss or damage resulting to the surface of the land or any improvements thereon caused by surface entry or by the removal of the oil, gas, and other minerals lying thereunder. See instrument recorded in Deed Book 841, Page 156. FIDELITY NATIONAL TITLE INSURANCE COMPANY COMMITMENT NO. 26753487 SCHEDULE B, PART II (continued) This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Fidelity National Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Commitment for Title Insurance (07/01/2021)Printed: 03.07.23 @ 05:21 PM Page 9 VA-FT-FXHG-03000.916135-SPS-1-23-26753487 11. Matters as shown and noted on Plat recorded in Instrument No. 870055. 12. Matters as shown and noted on Plat recorded in Instrument No. 905533. 13. Resolution No. 99-013 recorded on 01/15/1999 in Instrument No. 538799. 14. Well Rights (Well Permit #208091), by Leonard E. Lorentson, recorded on 03/18/1999 in Deed Book 1119, Page 939. 15. Memorandum of Option to Lease dated 08/02/2018 by and between Malcolm Ross Terry and Theresa Marie Terry, and Vertical Bridge Development, LLC, a Delaware limited liability company, recorded on 11/14/2018 in Instrument No. 914141; First Amendment to Option and Lease Agreement and First Amendment to Memorandum of Option to Lease, dated August 2, 2020 and recorded December 4, 2020 in Instrument No. 946527; Second Amendment to Option and Lease Agreement and First Amendment to Memorandum of Option to Lease, dated August 2, 2021 and recorded August 24, 2021 in Instrument No. 962026; Third Amendment to Option and Lease Agreement and First Amendment to Memorandum of Option to Lease, dated August 2, 2022 and recorded October 17, 2022 in Instrument No. 980371. 16. Matters as shown and noted on Plat recorded in Instrument No. 928455. 17. Right-of-Way Easement in favor of Holy Cross Energy, a Colorado corporation set forth in instrument recorded on November 28, 2022 in Instrument No. 981652. END OF SCHEDULE B, PART II FIDELITY NATIONAL TITLE INSURANCE COMPANY COMMITMENT NO. 26753487 This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Fidelity National Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Commitment for Title Insurance (07/01/2021)Printed: 03.07.23 @ 05:21 PM Page 10 VA-FT-FXHG-03000.916135-SPS-1-23-26753487 COMMITMENT CONDITIONS 1. DEFINITIONS (a) "Knowledge" or "Known": Actual or imputed knowledge, but not constructive notice imparted by the Public Records. (b) "Land": The land described in Schedule A and affixed improvements that by law constitute real property. The term "Land" does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is to be insured by the Policy. (c) "Mortgage": A mortgage, deed of trust, or other security instrument, including one evidenced by electronic means authorized by law. (d) "Policy": Each contract of title insurance, in a form adopted by the American Land Title Association, issued or to be issued by the Company pursuant to this Commitment. (e) "Proposed Insured": Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this Commitment. (f) "Proposed Policy Amount": Each dollar amount specified in Schedule A as the Proposed Policy Amount of each Policy to be issued pursuant to this Commitment. (g) "Public Records": Records established under state statutes at the Commitment Date for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. (h) "Title": The estate or interest described in Schedule A. 2. If all of the Schedule B, Part I-Requirements have not been met within the time period specified in the Commitment to Issue Policy, this Commitment terminates and the Company's liability and obligation end. 3. The Company's liability and obligation is limited by and this Commitment is not valid without: (a) the Notice; (b) the Commitment to Issue Policy; (c) the Commitment Conditions; (d) Schedule A; (e) Schedule B, Part I-Requirements; (f) Schedule B, Part II-Exceptions; and (g) a counter-signature by the Company or its issuing agent that may be in electronic form. 4. COMPANY'S RIGHT TO AMEND The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect, lien, encumbrance, adverse claim, or other matter recorded in the Public Records prior to the Commitment Date, any liability of the Company is limited by Commitment Condition 5. The Company shall not be liable for any other amendment to this Commitment. 5. LIMITATIONS OF LIABILITY (a) The Company's liability under Commitment Condition 4 is limited to the Proposed Insured's actual expense incurred in the interval between the Company's delivery to the Proposed Insured of the Commitment and the delivery of the amended Commitment, resulting from the Proposed Insured's good faith reliance to: (i) comply with the Schedule B, Part I-Requirements; (ii) eliminate, with the Company's written consent, any Schedule B, Part II-Exceptions; or (iii) acquire the Title or create the Mortgage covered by this Commitment. (b) The Company shall not be liable under Commitment Condition 5(a) if the Proposed Insured requested the amendment or had Knowledge of the matter and did not notify the Company about it in writing. (c) The Company will only have liability under Commitment Condition 4 if the Proposed Insured would not have incurred the expense had the Commitment included the added matter when the Commitment was first delivered to the Proposed Insured. (d) The Company's liability shall not exceed the lesser of the Proposed Insured's actual expense incurred in good faith and described in Commitment Conditions 5(a)(i) through 5(a)(iii) or the Proposed Policy Amount. (e) The Company shall not be liable for the content of the Transaction Identification Data, if any. (f) In no event shall the Company be obligated to issue the Policy referred to in this Commitment unless all of the Schedule B, Part I-Requirements have been met to the satisfaction of the Company. (g) In any event, the Company's liability is limited by the terms and provisions of the Policy. 6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT (a) Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment. (b) Any claim must be based in contract and must be restricted solely to the terms and provisions of this Commitment. FIDELITY NATIONAL TITLE INSURANCE COMPANY COMMITMENT NO. 26753487 (continued) This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Fidelity National Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Commitment for Title Insurance (07/01/2021)Printed: 03.07.23 @ 05:21 PM Page 11 VA-FT-FXHG-03000.916135-SPS-1-23-26753487 (c) Until the Policy is issued, this Commitment, as last revised, is the exclusive and entire agreement between the parties with respect to the subject matter of this Commitment and supersedes all prior commitment negotiations, representations, and proposals of any kind, whether written or oral, express or implied, relating to the subject matter of this Commitment. (d) The deletion or modification of any Schedule B, Part II-Exception does not constitute an agreement or obligation to provide coverage beyond the terms and provisions of this Commitment or the Policy. (e) Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by the Company. (f) When the Policy is issued, all liability and obligation under this Commitment will end and the Company's only liability will be under the Policy. 7. IF THIS COMMITMENT HAS BEEN ISSUED BY AN ISSUING AGENT The issuing agent is the Company's agent only for the limited purpose of issuing title insurance commitments and policies. The issuing agent is not the Company's agent for the purpose of providing closing or settlement services. 8. PRO-FORMA POLICY The Company may provide, at the request of a Proposed Insured, a pro-forma policy illustrating the coverage that the Company may provide. A pro-forma policy neither reflects the status of Title at the time that the pro-forma policy is delivered to a Proposed Insured, nor is it a commitment to insure. 9. ARBITRATION The Policy contains an arbitration clause. All arbitrable matters when the Proposed Policy Amount is Two Million And No/100 Dollars ($2,000,000.00) or less shall be arbitrated at the option of either the Company or the Proposed Insured as the exclusive remedy of the parties. A Proposed Insured may review a copy of the arbitration rules at http://www.alta.org/arbitration. END OF CONDITIONS 7130 Glen Forest Drive, Suite 300 Richmond, VA 23226 Phone: (866)552-0129 Email: sms-commercial@fnf.com ADDITIONAL INFORMATION Additional Info Addendum Printed: 03.07.23 @ 05:21 PM by COMD1048.doc / Updated: 02.18.19 Page 1 VA-FT-FXHG-03000.916135-26753487 THIS INFORMATION IS PROVIDED AS A CONVENIENCE AND COURTESY AND IS NOT CONSIDERED TO BE PART OF THE TITLE PRODUCT. The following real estate tax information deemed reliable and is provided for informational purposes only. Real Estate Tax Type:County Taxes are Paid:Semi-Annual Due Date(s):February 28th, June 15th Tax Authority Name:Garfield County Treasurer Phone:970-945-6382 Additional notes regarding taxes, documents and/or special recordation requirements: ·Real Property Transfer Declaration form (TD1000) is required for all conveyance documents. FIDELITY NATIONAL TITLE INSURANCE COMPANY OWNER’S AFFIDAVIT AND AGREEMENT Affidavit (Owner Seller - SMS)Printed: 03.07.23 @ 05:21 PM by COMD1102.doc / Updated: 07.21.22 Page 1 VA-FT-FXHG-03000.916135-26753487 STATE OF COLORADO COUNTY OF GARFIELD File No.:26753487 Malcolm Ross Terry and Theresa Marie Terry ("Owner"), being the entity in ownership, which is represented by the individual(s) signing below in their representative capacity, or the individual owner(s) who are signing below individually; who, being duly sworn according to the law, deposes and says as follows (as the "Affiant"): 1. That Affiant, as entity representative, either has personal knowledge of the facts sworn to this affidavit, or has made statements based on reasonable inquiry of the entity personnel and agents and on a reasonable review of the entity records, and the statements are made on behalf of the entity and said Affiant is fully authorized to make this affidavit; or Affiant, as individual owner, has personal knowledge of the facts sworn to this Affidavit. 2. That Owner is the owner of the real property interest described in the Commitment listed above ("the Property") and shown in Exhibit "A" of said Commitment. Ownership shall mean that interest held by the Owner in the Property, whether a fee, leasehold or easement estate, and all statements below are in reference to said interest in said Property. 3. That, to the Affiant's knowledge, there has been no work, services or labor performed or material furnished in connection with repairs or improvements on the Property within four (4) months (herein after referred to as "Mechanics' Lien Filing Period") prior to the date of this Affidavit; or, that in the event work has been performed, services rendered, or materials furnished in connection with construction, repair, or improvement on the Property during such Mechanics' Lien Filing Period, that all such work performed, services rendered, or materials furnished have been completed and are acceptable to the Owner(s); the Owner(s) have paid in full all contractors, laborers, and materialmen for such work performed, services rendered, or material furnished in connection with constructions, repairs, or improvements on the Property during such Mechanics' Lien Filing Period, except as shown on exhibit attached hereto. NONE, unless specified on attached exhibit (checked box indicates an attached exhibit ) 4. That, to the Affiant's knowledge there are no unrecorded tenancies, leases or other occupancies on the Property except as listed below, and that if any such unrecorded leases, tenancies or other occupancies are listed below, they contain no options to purchase, rights of renewal, or other unusual provisions except as shown on exhibit attached hereto. NONE, unless specified on attached exhibit (checked box indicates an attached exhibit ) 5. That, to the Affiant's knowledge, no other person has possession or any right to possession of the Property or any interest therein, including oil, gas or other minerals, other than those shown in Commitment referenced above. 6. I represent to Fidelity National Title Insurance Company that, to the Affiant's knowledge, the Property is now free and clear of all delinquent taxes, liens, mortgages/deeds of trust/deeds to secure debt, judgments, decrees, or other encumbrances; that, to the Affiant's knowledge, there are no unemployment compensation, federal social security, alcoholic beverage law or other delinquent state or federal taxes due and owing from the company; that, to the Affiant's knowledge, there are no unpaid or delinquent real estate taxes or assessments or unpaid or delinquent water or sewer service charges against said premises; and that, to the Affiant's knowledge, there are no unpaid or delinquent homeowner/condominium association dues (if applicable); EXCEPT THAT the matters specifically identified in the Commitment and those, if any, listed on exhibit attached hereto. NONE, unless specified on attached exhibit (checked box indicates an attached exhibit ) 7. That, to the Affiant's knowledge there are no unrecorded easements or claims of easement; no disputes, discrepancies or encroachments affecting a setback or boundary line; and no contracts, options or rights to purchase other than in the transaction for which this affidavit is given. 8. That there is not currently a proceeding in bankruptcy instituted by or against the Owner (and if a partnership, against the general partner(s) thereof), nor does the Owner currently have outstanding assignment for the benefit of creditors. 9. That, to the Affiant's knowledge, there is no action or proceeding relating to the Property in any state or federal court in the United States nor any state or federal judgment or any federal lien of any kind or nature whatsoever which now constitutes a lien or charge upon the Property. 10. That the Affiant has not received notice of any delinquent state, county, city, school district, water district, or other governmental agency taxes A. due or owing against said Property and that B. to the Affiant's knowledge, no tax suit has been filed by any state, county, city, school district, water district, or other governmental agency for taxes levied against the Property. FIDELITY NATIONAL TITLE INSURANCE COMPANY OWNER'S AFFIDAVIT AND AGREEMENT (continued) Affidavit (Owner Seller - SMS)Printed: 03.07.23 @ 05:21 PM by COMD1102.doc / Updated: 07.21.22 Page 2 VA-FT-FXHG-03000.916135-26753487 11. That there has been no notice nor does Affiant have any knowledge of any A. recent or future planned improvements (such as street paving, sidewalks, street lights, etc.) that would result in a special assessment against the Property B. any proceeding which could result in an increase tax or assessment liability against the Property. 12. That all management fees, if any, are fully paid, except as shown on exhibit attached hereto. NONE, unless specified on attached exhibit (checked box indicates an attached exhibit ) Owner, recognizing that funding may occur prior to the Deed, Lease, MOL, Easement, Mortgage, Deed to Secure Debt, Deed of Trust, or any Assignment being officially filed for record in the appropriate Clerk's Office, represents that there will be no further encumbrances or change of title pending the issuance of the title insurance policy which this affidavit is made to support and agrees that in consideration of Fidelity National Title Insurance Company (hereinafter "Company") issuing a policy without exception to any matters which may arise between the effective date of the commitment for title insurance and the date of the documents creating the interest being insured are filed for record, which matters may constitute an encumbrance on or affect the title (the "GAP"), to promptly defend, remove, bond or otherwise dispose of any encumbrance, lien or objectionable matter to title which may arise or be filed, as the case may be, against said Property during the GAP. Owner further agrees to hold harmless and indemnify Company against all losses, expenses, costs and fees, including, but not limited to, attorney fees, which arise out of Owner's failure to so remove, bond or otherwise dispose of any said liens, encumbrances or objectionable matters. This Affidavit is given to induce Company to issue its policy or policies of title insurance with full knowledge that the Company will rely upon the accuracy of same. The Owner does hereby indemnify and hold Company harmless of and from any and all loss, cost, damage, and expense of every kind, including attorney's fees, which Company shall suffer or incur or become liable under its said policy or policies directly or indirectly, due to its reliance on the accuracy of the statements contained herein or in connection with its enforcement of its rights under this Agreement. The undersigned agrees to fully cooperate with the Company in correcting any errors in the execution and acknowledgment of the Insured Instrument. IN WITNESS WHEREOF, the undersigned have executed this document on the date(s) set forth below. ___________________________________ Malcolm Ross and Theresa Marie Terry Subscribed and sworn to before me this ______day of ______, _______. By _______________________________________________________ ________________________________ Notary Public AFFIDAVIT OF NOTARY Affidavit (Notary)Printed: 03.07.23 @ 05:21 PM by COMD1140.doc / Updated: 12.05.18 Page 1 VA-FT-FXHG-03000.916135-26753487 STATE OF COUNTY OF Our File No.:26753487 Customer Ref. No.:US-CO-5086 I, ________________________________________ (please print name as commissioned), the undersigned Notary Public, do hereby affirm and attest to Strategic Market Services-FNT one (1) of the following (please check one (1)) is an accurate statement:  I am a Bancserv notary (and by checking this box I certify I was assigned by Bancserv for this notary service); or  I am an FNF approved notary on the FNTG Field Compliance Approved Third Party list; or  I am a licensed attorney or a notary working under the supervision of a licensed attorney. Insert lawyer or law firm: ; or  I am a notary working in a bank or credit union (this option is only applicable for notaries at banks {FDIC insured} and credit unions {NCUA insured} and is not applicable for notaries at mortgage companies or mortgage brokers). Bank or credit union name: Bank/credit union employee title: Branch name or street address: Telephone number of bank or credit union: IN WITNESS WHEREOF, the undersigned have executed this document on the date(s) set forth below. Notary Public Signature Date Phone: Notary No. or Seal for identification purposes Privacy Statement Printed: 03.07.23 @ 05:21 PM by SSCORPD0911.doc Page 1 VA-FT-FXHG-03000.916135-26753487 FIDELITY NATIONAL FINANCIAL PRIVACY NOTICE Effective January 1, 2023 Fidelity National Financial, Inc. and its majority-owned subsidiary companies (collectively, "FNF," "our," or "we") respect and are committed to protecting your privacy. This Privacy Notice explains how we collect, use, and protect personal information, when and to whom we disclose such information, and the choices you have about the use and disclosure of that information. A limited number of FNF subsidiaries have their own privacy notices. If a subsidiary has its own privacy notice, the privacy notice will be available on the subsidiary's website and this Privacy Notice does not apply. Collection of Personal Information FNF may collect the following categories of Personal Information: contact information (e.g., name, address, phone number, email address); demographic information (e.g., date of birth, gender, marital status); identity information (e.g. Social Security Number, driver's license, passport, or other government ID number); financial account information (e.g. loan or bank account information); and other personal information necessary to provide products or services to you. We may collect Personal Information about you from: information we receive from you or your agent; information about your transactions with FNF, our affiliates, or others; and information we receive from consumer reporting agencies and/or governmental entities, either directly from these entities or through others. Collection of Browsing Information FNF automatically collects the following types of Browsing Information when you access an FNF website, online service, or application (each an "FNF Website") from your Internet browser, computer, and/or device: Internet Protocol (IP) address and operating system; browser version, language, and type; domain name system requests; and browsing history on the FNF Website, such as date and time of your visit to the FNF Website and visits to the pages within the FNF Website. Like most websites, our servers automatically log each visitor to the FNF Website and may collect the Browsing Information described above. We use Browsing Information for system administration, troubleshooting, fraud investigation, and to improve our websites. Browsing Information generally does not reveal anything personal about you, though if you have created a user account for an FNF Website and are logged into that account, the FNF Website may be able to link certain browsing activity to your user account. Other Online Specifics Cookies. When you visit an FNF Website, a "cookie" may be sent to your computer. A cookie is a small piece of data that is sent to your Internet browser from a web server and stored on your computer's hard drive. Information gathered using cookies helps us improve your user experience. For example, a cookie can help the website load properly or can customize the display page based on your browser type and user preferences. You can choose whether or not to accept cookies by changing your Internet browser settings. Be aware that doing so may impair or limit some functionality of the FNF Website. Web Beacons. We use web beacons to determine when and how many times a page has been viewed. This information is used to improve our websites. Do Not Track. Currently our FNF Websites do not respond to "Do Not Track" features enabled through your browser. Privacy Statement Printed: 03.07.23 @ 05:21 PM by SSCORPD0911.doc Page 2 VA-FT-FXHG-03000.916135-26753487 Links to Other Sites. FNF Websites may contain links to unaffiliated third-party websites. FNF is not responsible for the privacy practices or content of those websites. We recommend that you read the privacy policy of every website you visit. Use of Personal Information FNF uses Personal Information for three main purposes: To provide products and services to you or in connection with a transaction involving you. To improve our products and services. To communicate with you about our, our affiliates', and others' products and services, jointly or independently. When Information Is Disclosed We may disclose your Personal Information and Browsing Information in the following circumstances: to enable us to detect or prevent criminal activity, fraud, material misrepresentation, or nondisclosure; to affiliated or nonaffiliated service providers who provide or perform services or functions on our behalf and who agree to use the information only to provide such services or functions; to affiliated or nonaffiliated third parties with whom we perform joint marketing, pursuant to an agreement with them to jointly market financial products or services to you; to law enforcement or authorities in connection with an investigation, or in response to a subpoena or court order; or in the good-faith belief that such disclosure is necessary to comply with legal process or applicable laws, or to protect the rights, property, or safety of FNF, its customers, or the public. The law does not require your prior authorization and does not allow you to restrict the disclosures described above. Additionally, we may disclose your information to third parties for whom you have given us authorization or consent to make such disclosure. We do not otherwise share your Personal Information or Browsing Information with nonaffiliated third parties, except as required or permitted by law. We reserve the right to transfer your Personal Information, Browsing Information, and any other information, in connection with the sale or other disposition of all or part of the FNF business and/or assets, or in the event of bankruptcy, reorganization, insolvency, receivership, or an assignment for the benefit of creditors. By submitting Personal Information and/or Browsing Information to FNF, you expressly agree and consent to the use and/or transfer of the foregoing information in connection with any of the above described proceedings. Security of Your Information We maintain physical, electronic, and procedural safeguards to protect your Personal Information. Choices With Your Information Whether you submit Personal Information or Browsing Information to FNF is entirely up to you. If you decide not to submit Personal Information or Browsing Information, FNF may not be able to provide certain services or products to you. For California Residents: We will not share your Personal Information or Browsing Information with nonaffiliated third parties, except as permitted by California law. For additional information about your California privacy rights, please visit the "California Privacy" link on our website (https://fnf.com/pages/californiaprivacy.aspx) or call (888) 413-1748. For Nevada Residents: We are providing this notice pursuant to state law. You may be placed on our internal Do Not Call List by calling FNF Privacy at (888) 714-2710 or by contacting us via the information set forth at the end of this Privacy Notice. For further information concerning Nevada's telephone solicitation law, you may contact: Bureau of Consumer Protection, Office of the Nevada Attorney General, 555 E. Washington St., Suite 3900, Las Vegas, NV 89101; Phone number: (702) 486-3132; email: aginquiries@ag.state.nv.us. Privacy Statement Printed: 03.07.23 @ 05:21 PM by SSCORPD0911.doc Page 3 VA-FT-FXHG-03000.916135-26753487 For Oregon Residents: We will not share your Personal Information or Browsing Information with nonaffiliated third parties for marketing purposes, except after you have been informed by us of such sharing and had an opportunity to indicate that you do not want a disclosure made for marketing purposes. For Vermont Residents: We will not disclose information about your creditworthiness to our affiliates and will not disclose your personal information, financial information, credit report, or health information to nonaffiliated third parties to market to you, other than as permitted by Vermont law, unless you authorize us to make those disclosures. For Virginia Residents: For additional information about your Virginia privacy rights, please email privacy@fnf.com or call (888) 714-2710. Information From Children The FNF Websites are not intended or designed to attract persons under the age of eighteen (18). We do not collect Personal Information from any person that we know to be under the age of thirteen (13) without permission from a parent or guardian. International Users FNF's headquarters is located within the United States. If you reside outside the United States and choose to provide Personal Information or Browsing Information to us, please note that we may transfer that information outside of your country of residence. By providing FNF with your Personal Information and/or Browsing Information, you consent to our collection, transfer, and use of such information in accordance with this Privacy Notice. FNF Website Services for Mortgage Loans Certain FNF companies provide services to mortgage loan servicers, including hosting websites that collect customer information on behalf of mortgage loan servicers (the "Service Websites"). The Service Websites may contain links to both this Privacy Notice and the mortgage loan servicer or lender's privacy notice. The sections of this Privacy Notice titled When Information is Disclosed, Choices with Your Information, and Accessing and Correcting Information do not apply to the Service Websites. The mortgage loan servicer or lender's privacy notice governs use, disclosure, and access to your Personal Information. FNF does not share Personal Information collected through the Service Websites, except as required or authorized by contract with the mortgage loan servicer or lender, or as required by law or in the good-faith belief that such disclosure is necessary: to comply with a legal process or applicable law, to enforce this Privacy Notice, or to protect the rights, property, or safety of FNF or the public. Your Consent To This Privacy Notice; Notice Changes By submitting Personal Information and/or Browsing Information to FNF, you consent to the collection and use of the information in accordance with this Privacy Notice. We may change this Privacy Notice at any time. The Privacy Notice's effective date will show the last date changes were made. If you provide information to us following any change of the Privacy Notice, that signifies your assent to and acceptance of the changes to the Privacy Notice. Accessing and Correcting Information; Contact Us If you have questions or would like to correct your Personal Information, visit FNF's Privacy Inquiry Website or contact us by phone at (888) 714-2710, by email at privacy@fnf.com, or by mail to: Fidelity National Financial, Inc. 601 Riverside Avenue, Jacksonville, Florida 32204 Attn: Chief Privacy Officer Wire Fraud Alert Page 1 Original Effective Date: 5/11/2017 Current Version Date: 5/11/2017 26753487 - WIRE0016 (DSI Rev. 12/07/17) TM and © Fidelity National Financial, Inc. and/or an affiliate. All rights reserved WIRE FRAUD ALERT This Notice is not intended to provide legal or professional advice. If you have any questions, please consult with a lawyer. All parties to a real estate transaction are targets for wire fraud and many have lost hundreds of thousands of dollars because they simply relied on the wire instructions received via email, without further verification. If funds are to be wired in conjunction with this real estate transaction, we strongly recommend verbal verification of wire instructions through a known, trusted phone number prior to sending funds. In addition, the following non-exclusive self-protection strategies are recommended to minimize exposure to possible wire fraud. NEVER RELY on emails purporting to change wire instructions. Parties to a transaction rarely change wire instructions in the course of a transaction. ALWAYS VERIFY wire instructions, specifically the ABA routing number and account number, by calling the party who sent the instructions to you. DO NOT use the phone number provided in the email containing the instructions, use phone numbers you have called before or can otherwise verify. Obtain the number of relevant parties to the transaction as soon as an escrow account is opened. DO NOT send an email to verify as the email address may be incorrect or the email may be intercepted by the fraudster. USE COMPLEX EMAIL PASSWORDS that employ a combination of mixed case, numbers, and symbols. Make your passwords greater than eight (8) characters. Also, change your password often and do NOT reuse the same password for other online accounts. USE MULTI-FACTOR AUTHENTICATION for email accounts. Your email provider or IT staff may have specific instructions on how to implement this feature. For more information on wire-fraud scams or to report an incident, please refer to the following links: Federal Bureau of Investigation:Internet Crime Complaint Center: http://www.fbi.gov http://www.ic3.gov Lease Agreement This Document Prepared By and After Recording, Return To: Vertical Bridge Development, LLC 750 Park of Commerce Drive, Suite 200 Boca Raton, Florida 33487 Attn: Daniel Marinberg Commitment Number: 26753487 (Above 3" Space for Recorder's Use Only) Cross Reference: Instrument #:962026 Clerk and Recorder Office Garfield County, CO FOURTH AMENDMENT TO OPTION AND LEASE AGREEMENT AND FOURTH AMENDMENT TO MEMORANDUM OF OPTION TO LEASE This Fourth Amendment to Option and Lease Agreement and Fourth Amendment to Memorandum of Option to Lease (this "Amendment") is entered into and made effective as of August 2, 2022 and is by and between Malcolm Ross Terry and Theresa Marie Terry, as joint tenants ( collectively, "Landlord") whose address is 1510 Forest Service Road #300, Glenwood Springs, CO 81601, and Vertical Bridge Development, LLC, a Delaware limited liability company ("Tenant") whose address is 750 Park of Commerce Drive, Suite 200, Boca Raton, FL 33487. Landlord and Tenant may be referred to herein as "Party" or jointly as "Parties." W IT N E S S ET H: A. Landlord and Tenant entered into that certain Option and Lease Agreement dated August 2, 2018 (the "GL"), and Memorandum of Option to Lease dated August 18, 2020 (the "MOO"), as amended which may be collectively referred to herein as the "Agreement". herein. B. Landlord and Tenant mutually desire to amend the Agreement on the terms and conditions set forth NOW, THEREFORE, in consideration of and other good and valuable consideration, the receipt and sufficiency whereof is hereby acknowledged, the Landlord and Tenant agree as follows: 1. Rectl.s, Definitions. The recitals set forth above are accurate and hereby incorporated into the Agreement by reference thereto. All capitalized terms not defined herein shall have the same meaning set forth in the Agreement. Site ID: US-CO-5086 Site Name: Sunlight Ski Resort Utility Will Serve Letter 3799 HIGHWAY 82∙P.O. BOX 2150 GLENWOOD SPRINGS, COLORADO 81602 (970) 945-5491∙FAX (970) 945-4081 A Touchstone Energy→ Cooperative 6/8/2023 Mike Bieniek 10700 W. Higgins Road, Suite 240 Rosemont, IL 60018 RE: Sunlight Ross OH Line Ext. Dear Mike Bieniek The above mentioned development is within the certified service area of Holy Cross Energy. Holy Cross Energy has adequate power supply to provide electric power to the development, subject to tariffs, rules and regulations on file. Any power line enlargements, relocations, and new extensions necessary to deliver adequate power to and within the development will be undertaken by Holy Cross Energy upon completion of appropriate contractual agreements and subject to necessary governmental approvals. Additionally, due to current economic conditions, Holy Cross Energy is not stocking the quantity of construction materials as in past years. If your project is slated for construction this year, please advise us as soon as possible. You will need to enter into agreements with Holy Cross Energy, and pay for the project, sufficiently in advance of construction to avoid possible delays while materials are procured. Please advise when you wish to proceed with the development of the electric system for this project. Curt Hanson Sunlight Ross OH Line Ext.- 64-32 - W/O 24483 Pre-Application Summary =Cai r;arfield CtJunty Community Development Uepartmtut 108 8 th Street, Suite 401 Glenwood Springs, CO 81601 (970)945-8212 www.garfield-county.com TAX PARCEL NUMBER: 2395-321-00-147 DATE: 10/26/2020 PROJECT: Vertical Bridge Development, LLC - Sunlight Ski Communication Tower OWNER: Malcomb Ross Terry & Theresa Marie Terry REPRESENTATIVE: Mike Bieniek - LCC Telecom (on behalf of Vertical Bridge) PRACTICAL LOCATION: 1510 Forest Service Road 300, Glenwood Springs, CO 81601 ZONING: Rural (R) TYPE OF APPLICATION: Limited Impact Review for a Telecommunication Facility (Tower) I. GENERAL PROJECT DESCRIPTION The Applicant is interested in developing a new Telecommunication Tower on a portion of their 3.52 acre site located off of Forest Service Access Road #300. Preliminary plans have the tower located on a 35' by 50' leased area with access by a private road/driveway. It will be a 70' monopole design with supporting telecommunication cabinets and room on the tower and site for additional co-location by other users/antennas. Improvements on the property currently include a residence and access driveways. The majority of the site is open space, and native vegetation. The tower is located near the Sunlight Ski Resort and will provide needed cellular phone service to the resort and surrounding area. Electric power exists to the site and it is anticipated that power and telecommunication infrastructure may be extended to the tower below grade along the access road alignment. The site is planned to be enclosed by a 6' security fence. II. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS •Garfield County Comprehensive Plan 2030 as amended •Garfield County Land Use and Development Code, as amended Article 3, Zoning. RuralZone District - LoUBuilding Requirements (Table 3-201). Use Table (Table 3-403) - Telecommunication Tower Article 4, Application and Review Procedures Limited lmpact Review (Section 4-104) Common Review Procedures (Section 4-101) Table 4-102 Common Review Procedures and Required Notice Table 4-201 Application Submittal Requirements Description of Submittal Requirements (Section 4-203) Section 4-118 Waiver from Standards Section 4-202 Waiver from Submittal Requirements Article 7, Standards - Division 1 General Standards, Division 2 General Resource Protection Standards, Division 3 Site Planning as applicable Article 7, Section 7-1102, Telecommunication Facilities III. COMPREHENSIVE PLAN 2O3O The site is located in the Residential Medium High (Res-MH 2 - <6 acres/dwelling unit) Designation as shown on the Comprehensive Plan Future Land Use Map. lt is also within an unincorporated community designation. IV. REVIEW PROCESS The Application will follow the Limited lmpact Review Process contained in Sections 4-101 and 4-104 and in Table 4-102 (see attached flow chart): 1. Pre-application Conference 2. Submittal of Application (3 hard copies plus one digital PDF copy on CD or USB Stick) 3. Determination of Completeness: lf Technically Complete the Applicant will be notified and the request scheduled for a public hearing before the Board of County Commissioners. lf it is not technically complete the Applicant will be advised of the deficiencies. 4. Additional copies of the Application are provided for the Board of County Commissioners. 5. Applicant completes public notice for the public hearing (mailing, posting, and publication) a minimum of 30 days prior to the hearing. 6. Staff prepares a report including public and referral comments 7. Review and Action by the Board of County Commissioners at the public hearing. 8. The Commissioners action is formalized by a resolution' 9. lf approved with conditions the Applicant must meet the conditions prior to issuance of the Land Use Change Permit. 10. The Applicant has one year to meet all conditions of approval. o o o o 2 V. ADDITIONAL DETA¡LS ON PROCESSING AND SUBMITTAL REQUIREMENTS The submittal requirements are documented in Table 4-102 and Section 4-203 including the following clarifications. The pre-application summary can be utilized as a checklist for subm ittal req uirements. ! General Application Materials including but not limited to Application forms, agreement to pay form, a deed confirming ownership, any leases or authorizations, a list of property owners within 200 ft. and a list of any mineral rights owners on the property. A narrative describing how the mineral rights owners were researched is required. ! Narrative describing the proposed use. ! Vicinity map ¡ Site Plan including details on proposed support facilities, utility locations, access roadways, and significant site features. ! Grading and Drainage Plans. ! Landscaping plans if any screening is proposed. n lmpact Analysis n Traffic Study (waiver may be requested subject to Section 4-202 and provision of justification including an estimate of limited traffic generation) n Water Supply Plan (may not be applicable based on it being an unmanned facility - the application needs to address the issue) n Wastewater Management Plan (may not be applicable based on it being an unmanned facility - the application needs to address the issue) ! Technical and design details for the tower reflecting overall height, general information on antenna placement, support systems, and foundation requirements. The Tower submittal should reflect appropriate engineering details and an engineer's stamp. Preliminary drawing are acceptable for initial submittal. ! Sections addressing Article 7 Divisions 1,2, and 3 including provision of utilities/infrastructure adequate to serve the proposed use. n Applicants are encouraged to use an Application format that includes specific responses to Article 7 Standards. ! Sections addressing compliance with Section 7-1102 Standards for Telecommunication Facilities including all FCC and FAA forms (including FAA Form 7460-1). ¡ Waivers from submittal requirements can be requested pursuant to Section 4-202 and the review criteria contained therein. lt is recommended that you contact the Planning Staff regarding any anticipated submittal waivers. n Waivers from standards can be requested pursuant to Section 4-118 and the review criteria contained therein. Requests need to contain detailed information on compliance with the review criteria. VI. OTHER REVIEW TOPICS Waivers from Roadway Standards are often needed on access roads. Waiver Policy No. 01-14 is attached. The Standards are found in Table 7-107. Mapping showing the a J x x x x x N/a x N/a N/a N/a x x x x x x a o road alignment and information on compliance with the roadway standards needs to be provided. lf the Applicant is not able to obtain an FAA Form 7460-1, detailed information on FAA requirements including FAA contacts may be required. The Application will need to address water and waste water plans typically by demonstrating that no such facilities are required for the operation of the facility. The Application will need to address legal access to the site. o The Application submittal needs to include 3 hard copies of the entire Application and 1 Digital PDF Copy of the entire Application (on a CD or USB Stick). Both the paper and digital copies should be split into individual sections. Please refer to this pre-application summary for submittal requirements that are appropriate for your Application. Additional meetings with Staff can be scheduled to address specific questions regarding waiver requests includirrg submittal waivers. VII. APPLICATIONREVIEW a. Review by b. Public Hearing Staff for completeness recommendation and referral agencies for additional technical review _ Director (noticed but not a public hearing) _ Planning CommissionX Board of County Commissioners _ Board of Adjustment May include but are not limited to Garfield County Road and Bridge, Garfield County Attorney, Fire Protection District, Forest Service, Garfield County Environmental Health Manager, Garfield Consulting Engineer, FAA & FCC, City of Glenwood Springs. c. Referral Agencies VIII. APPLICATION REVIEW FEES a. Planning Review Fees:$-400.00 b. Referral Agency Fees: $_TBD_ (consulting engineer/civil engineer fees) 4 Application Submittal 3 Hard Copies I Di8itðl PDF Copy {an CD or USB stick} Both the paper and the digital copy slrould be split into inclividual sections. Please refer tô the list included in your pre-applic¿tion csnference sutnmary for the submittal requirements that are appropriate for your application: . General Âpplicalion Materials . Vic¡nity Måp. Site Plan. Gracling and Drainage Plan . l"andscape Plan. lr.:rpaet Analysis. Traffic Study . Water Supply/Distdbutlon Plan . Wastewaler Management Plan . Article 7 St¿ndards c. Total Deposit:$_400.00 (additional hours are billed at $ 40.50 /hour) IX. GENERALAPPLICAT¡ONPROCESSING The foregoing summary is advisory in nature only and is not binding on the County. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. This summary does not create a legal or vested right. The summary is valid for a six month period, after which an update should be requested. The Applicant is advised that the Application submittal once accepted by the County becomes public information and will be available (including electronically) for review by the public. Proprietary information can be redacted from documents prior to submittal. PRE-APPLICATION SUMMARY PREPARED BY: 2/L7/"{'t{ Glenn Hartmann Principal Planner Date 5 A. Section 4-104 Limited lmPact Gørfuld Coanty Limited lmpact Review Process (Sectíon 4-tO4J CJ -go Eoo .9 f Ë, E È E ¡r) E o Exo o-¿ .Appl¡cant has 6 months to submit application ¡20 business days to review ¡lf incomplete, 60 dâys to remedy defíciencies rPublished, posted, and mailed to adjacent property owners within 200 feet and mineral owners at least 30 days but no more than 60 days prior to BOCC public hearing .21 day comment period .Applicant has 1 year to meet any conditions of approval 6 Step 1 : Pre-application Conference Step 2l Application Submíttal Step 3: Completeness Review Step 4: Schedule Hearing and Provide Notíce Step 5; Referral Step 6:Evalution by Director Step 7: BOCC Decísion Policy 0t-t4 Waivers for Roads and Demonstration of Compliance March 3,20144 ht Section 7-707, Access and Roadways, of the Garfield County Land Use and Development Code (LUDC) requires all roads to be designed to provide for "adequate and safe access" and reviewed by the designated County Engineer. The LUDC defines "road" as "a County road, State highway, public road, street or alley, or private thoroughfare whích affords primary access to abutting property, excluding a driveway accessing a single property." The LUDC defines "private road" as "a ríght-of-way constructed, establíshed, owned, and maintained by a private party for access exclusively to private property." Many of the roads in Garfield County are private roads in that they are gated and do not serve the general public and they pre-existed the design currently required by the County's Road Standards as defined in Table 7-I07. The LUDC allows for the waiver of specific standards provided that the following criteria have been met: 1) an alternative design achieves the intent of the subject standard to the same or better degree and 2) the proposed alternative will impose no greater impacts on adjacent properties than would occur through compliance with the specific standard (Section 4-118). ln applications that include roads that do not meet current County road standards as outfined in Table 7- 107, the County has asked that Applicants request a waiver of Section 7-7A7Í, Design Standards, and include in the Application submittal sufficient information, prepared by a professional qualified in the specific discipline, to demonstrate that they meet the criteria outlined in Sectíon 4-118 for granting a waiver. ln doing so, the application must include: A Statement of Adequacy - The evaluation of the existing roadway and waiver will need to include a clear statement that finds that the road will be adequote for the proposed use. This statement must be signed by a professional engineer qualified in traffic engineering and licensed by the State of Colorado. To support this evaluation, the following information will be required to be provided: o Geometry of the road - A description of how the private road does/does not meet the design standards in Table 7-L07. This should include a chart that compares the private road design to those standards in Table 7-L07, as well as a map that shows the existing road design and highlights those areas that deviate from the standards. A narrative may also be helpful in describing the characteristics of the road as they compare to Table 7- 107 design standards. Unless available, this is not intended to imply construction-level drawings. llPage o Safety/Structural lssues - A description of obvious safety and/or structural issues obsçrved and a statement about how these issues will be addressed. o Maintenance - A description of how the road is and/or will be ma¡ntained. This should be supported with the submittal of any existing or proposed maintenance agreements for the road sections. Travel Demand - An accurate count of the exísting peak travel demand as well as the Average Daily Traffic on the road. This should also include the types of vehicles that currently use the road as well as the additional amount and type of traffic that the proposed use will generate through all phases of its development. Other Evidence of Cornpliance. ln addition, Sections 7-LO7.A, B, C, D, and E are requíred to be addressed, which includes documentation about legal access. Sufficient evidence wíll be requíred to be subrnitted to demonstrate compliance with these sections of the Code. 0 2lPage MEMORANDUM FROM: DATE: TO: RE: Sraff County Attomey's Oftice June24,2014 Mineral Interest Resea¡ch Mineral interests may be severed from surface right interests in real property. Colorado revised statute 24-65.5-103 requires notification to mineral owners when a landowner applies for a land use designation by a local govemment. As such, the landowner must resea¡ch the current oruters of mineral interests for the property. The Garfield County Land Use and Development Code of 2013 ("LUDC") Section 4- lOl(EXlXb)(4) requires written notice to owners of mineral interests in the subject property "as such owners can be identified through the records in the offrce of the Clerk and Recorder or Assessor, or through other means." lt is the duty ofthe applicant to notiS mineral interest oryners. The following is a suggested process to research mineral interests: l. Review the current ownership deed for the property (i,e. Wananty Deed, Special Wananty, Quit Claim Deed or Bargain and Sale Deed-NOT a Deed of Trust). The ownership deed is usually one or two pages. fs there a reservation of mineral interests on the ownership deed? A¡e there any exceptions to title? A deed may include a list of reservations that reference mineral owners or oil and gas leases. 2. Review your title insurance policy. Are there exceptions to title listed under Schedule B- II? If so, review for mineral interests that were reseryed and oil and gas teases. 3. Check with the Assessor's office to determine if a mineral interest has been reserved from the subject property. The Assessor's ofüce no longer documents the mineral reservation ownership for its tax roll records unless ownership has been proven. There are only a limited number of mineral owners who have provided such information to the Assessor's office so this may not provide any information, depending on your property, 'lr¿E¡r¿o June24,2074 Page2 4. Research the legal description of the subject property rvith the Clerk and Recorder's computer. You can search the Section, Township, and Range of the subject property. You may find deeds for mineral interests for the subject property. 5. Research rvhether a Notice of Mineral Estate Ownership was filed for the subject property. On the Clerk and Recorder's computer, search under Filter (on the right hand side of the screen), General Recordings, Notice of Mineral Estate Ownership for the subject property. 6. If you find mineral interest otlners as reservations on your deed, listed in your title insurance policy, from the Assessor's records or the Clerk and Recorder's computer, you need lo determine rvhether these mineral interests rvere transferred by deed and recorded in the Clerk and Recorder's office. 7. Enter the name of the mineral interest owner as the Grantor in the Clerk and Reco¡der's computer to see if the mineral interest was transfened. If you fìnd a transfer deed, you need to repeat this process to follow any transfer of the mineral interest to present day. 8 Include a description of your research process in your application and the name(s) and address(es) of the current mineral interest owner(s). Mineral interest research can be a difficult and time consuming process. If you are unable to determine mineral rights orwership by yourself, consider hiring an attorney or landrnan. Attomeys and landmen specialize in determining mineral rights orvnership, but they charge a fee for their services. Gørfteld County PAYMENT AGREEMENT FORM GARFIELD COUNTY ("COUNTY") and Propefty Owner ("APPLICANT") agree as follows 1. The Applicant has submitted to the County an application for the following Project: 2, The Applicant understands and agrees that Garfield County Resolution No. 2014-60, as amended, establishes a fee schedule for each type application, and the guidelines for the administration of the fee structure. 3. The Applica nt a nd the Cou nty agree that beca use of the size, natu re or scope of t he proposed project, it is not possible at this time to ascertain the fullextent of the costs involved in processing the application. The Applicant agrees to make payment of the Base Fee, established for the Project, and to thereafter permit additional costs to be billed to the Applicant. The Applicant agrees to make additional payments upon notification by the County, when they are necessary, as costs are incurred, 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost ot consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional County staff time or expense not covered by the Base Fee. lf actual recorded costs exceed the initial Base Fee, the Applicant shall pay additional billings to the County to reimburse the County for the processing of the Project. The Applicant acknowledges that all billing shall be paid prior to the final consideration by the County of any Land Use Change or Division of Land. I hereby agree to pay all fees related to th¡s application: Billing Contact Address Billing Contact Person: Phone: (-)- City: State: - ZiP Code Billing Contact Email Printed Name of Person Authorized to Sign (Signature)(Date) Vertical Bridge Development, LLC Telecommunications Tower @ Sunlight Ski Resort Matt Grugan 750 Park of Commerce Drive, Suite 200 Boca Raton FL 33487 678 488-1866 mgrugan@verticalbridge.com Matthew Grugan Written description of amendment and justification.Statement of request and response to standards.Submitted with companion application.Amendment Description, subject to Minor or SubstantlalModification determination per secfion 4-1 06.See Section 4-30'1 for additional submittal requirements.See Section 4-302 for additional submittal requirements.Statement of request and response to standards.Demonstration of general conformance with the Comp.Plan and compliance with any applicable lGAs.Application materials as determind by DirectorLegal description of propertyWritten Narrative/Additional SubmissionsDevelopment in 100-Year FloodplainDevelop. 1O0-Year Floodplain VarianceLocation and Extent ReviewCall-Up to the BOCCRezoningCode Text AmendmentVar¡anceAdministrative lnterpretationAdministrative lnterpretation Appeal.Waiver of StandardsAccommodation, Federal Fair Housing ActAdministrative ReviewLimited lmpact ReviewMaior lmpact ReviewAmendment to an Approved LUCPMinor Temporary Housing FacilityVacation of a County Road or Public ROW4-118'A development agreement will be required for any project for which the Applicant is reouesting a vested rights period longer than 3 years.? An improvements aqreement mav be reouired for anv oroiect for which oublic imorovements are necessarv.4-1064-1074-1 084-l 094-1104-1114-1124-1134-1 144-1154-1164-1174-1 184-1 034-1044-1 05Table 4-2A1: Application Submittal RequirementsSection4-203. B C D E F G H I J K L M N O9,EErE-?*Ec5=oEPEËE:at.cl-eo^oå. ¡uåËååå"å*å* å ã Ë,ä Ë ËË å Ë ; a= Ë EË€dÊEH'ãF€ãeÉ9!oEg#å5ËÈ#ÀE"FggåG¡Rnelo Coururv LAND UsE tr,¡o DevetopMENT CoDE4-24 7.1102. TËLECOMMUNICATIONS FACILITIES. A. New Towers and Facilities. To gain approval to construct a new transmission tower or facility, the Applicant must demonstrate that: 1. The proposed tower or facility has sufficient structural strength or space available to support the Applicant's Telecommunication Facility and related equiPment; and Z, The proposed tower or facility will not cause unreasonable electromagnetic or other interference with the antennas on existing towers, structures, or utility structures; or 3. No owner of existing towers, structures, or utility structures, within a distance that meets the Applicant's engineering requirements, will allow the Applicant to place its tower or facility thereon. B. Structural and Engineering Standards' The Applicant shall submit evidence concerning structural and engineering standards prepared by a qualified professional engineer. The safety of the property and the neighborhood shall be Protected. C. Public Utility Structures. Towers or facilities that are proposed to be mounted on existing structures of public utilities that have a franchise or other written permission from the County and use- concealed towers and facilities are permitted in all nonresidential zoning districts, unless otherwise specified by this Code. 1. The County may approve the placement, extension, or replacement of a transmission tower or Telecommunication Facility on an existing Public Utility structure up to 50 feet above the highest point on the same; and 2. The County may waive public notice and other submittal requirement if the Directoi believes that the public interest will not be harmed by such a waiver. D. . Design, Materials, and Color. Transmission towers and Telecommunication Facilities shall be designed and maintained to minimize visual impact, carry gravity and wind loads required by law. At a minimum, the transmission towers and facilities shall meet the following design standards: 1. Architectural integration with existing buildings, structures, and landscaping, including height, color, style, massing, placement, design, and shape. Concealment or stealth methods, such as camouflaging transmission towers to look like light poles or trees, may be required. 2. Located on existing vertical infrastructure such as utility poles and Public Building or utilitY structures. 3. Roof-mounted antennas shall be located as far away as feasible from the edge of the building. Antennas attached to the building should be painted or otherwise treated to match the eferior of the building' 4. Equipment shelters and antennas shall not extend more than 10 feet from the top of the building unless expressly approved by the county. 5. Located in areas where the existing topography, vegetation, buildings, or other structures provide screening. 7-55 E. Lighting and Signage. Only lighting and signage required by a Federal or State agency is allowed. No advertising is allowed. F. Non-lnterference. All wires, cables, fixtures, and other equipment shall be installed in compliance with the requirements of the National Electric Safety Code and all FCC, FAA, State and local regulations, and in such a manner that will not interfere with radio communications, electronic transmissions, or all other electromagnetic communications or otherwise cause a safety hazard. G. FederalAviation AgencY Form. The Applicant shall submit FAA Form 7460-1, Notice of Proposed Construction or Alteration, except that such form shall not be required for the following: 1. An amateur radio antennae, if owned and operated by a federally- licensed amateur radio operator or used exclusively for a receive-only antennae; 2. Any existing tower and antennae provided a Building Permit was issued for a tower or antennae prior to the adoption of this Code; g. Any emergency Telecommunications Facilities used exclusively for emergency services including, but not limited to, police, fire, and operation of governmental entities; and 4. Any antennae used for FCC licensees engaged in AM, FM, or television broadcasting. H. Telecommunications Act. All Telecommunications Facilities shall comply with all applicable standards of the Federal Telecommunications Act of 1996, and all applicable requirements of the FAA. 7.1ß3. WATER RESERVOIR. A water reservoir shall not be required to comply with the minimum Lot Size requirement for the zone district in which it is located' 7-1 . ACCESSORY The following shall apply to all Accessory Buildings, Structures or Uses. A. Accessory Building. The rear yard setback of an Accessory Building may be reduced to the following distance provided Clear Vision Area standards in section 7-303.1. are met. DrvtsloN 12.ADDITIONAL STANDARDS FOR ACCESS ORY USES. 7.5 FeetAll D¡stricts 10 FeetAll Districts Abutting an AlleY Table 7-1 201 A: Accessory Bttilding Sefhacks Minimum Setback 7-56 June 2, 2023 Mike Bieniek, LCC Telecom 10700 W. Higgins Road, Suite 240 Rosemont, IL 60018 RE: Vertical Bridge Development LLC Telecommunication Facility/Tower (File No. LIPA-04-23-8954) Dear Mike: Thank you for the detailed submittals that you have provided for your Limited Impact Land Use Permit Application. Per our recent phone call, we were still working through our completeness review and have now identified the following items that need to be addressed prior to a determination of completeness. Some are technical issues identified by the County Attorney’s Office. 1. The vicinity map needs to be updated to clearly show adjacent parcels and access roadways. Shown on the cover page of the attached drawings 2. Evidence of ownership in the form of a deed or title work is needed. Shown in the exhibit book as item #11 3. Title Commitment is requested to ensure that all easements and related encumbrances are noted on the site plans. Shown in the exhibit book as item #13 and on drawings page *** 4. Listing of property owners within 200 ft. is needed Shown in the exhibit book as item #10 5. Listing of mineral rights owners on the subject property is also needed. Shown in the exhibit book as item #12 6. If Vertical Bridge and/or LLC Telecom Service will be representing the Applicant a letter or authorization needs to be provided. Shown in the exhibit book as item #9 7. The most recent pre-application summary needs to be included and includes a detailed check list for submittals. Shown in the exhibit book as item #16 8. Pursuant to Table 4-201 and Section 4-203(E) grading information needs to be supplemented with additional information on any drainage considerations including any necessary drainage improvements for the site and access roadway. 9. An Impact Analysis needs to be provided pursuant to Table 4-201 as described in Section 4- 203(G). Waivers from some elements of the Analysis can be requested. Shown in the exhibit book as item #6 10. Article 7 Division 2 and 3 need to be addressed in the application. Some standards may not be applicable, and the application submittals can indicate accordingly. Shown in the exhibit book as item #7 11. Under the Telecommunication Facility Standards your Application needs to provide and/or address the requirement for a Form 7460-1 from the FAA pursuant to Section 7-1102. Community Development Department Shown in the exhibit book as item #17 (FAA Documentation has been requested but not received as of this date.) 12. Documentation of the lease agreement. Shown in the exhibit book as item #14 13. A will serve letter for the electric service. Shown in the exhibit book as item #15 14. Verification that the easement width can accommodate the access road and associated construction details such as shoulders and retaining walls. Once the above items #1 - #11 are addressed, we will finalize scheduling your public hearing with the Board of County Commissioners. Per our phone conversation the Board of County Commissioners meeting on July 17th is the earliest possible date for your hearing. We will provide additional information on the public notice requirements once your application in complete. Please note that the Garfield County Land Use and Development Code requires that the technical completeness issues be resolved within 60-days of the date of this letter, otherwise the application will be deemed withdrawn unless a request for extension is submitted and approved. Please feel free to contact me with any questions on the completeness topics noted above or if we need to discuss any of the items. Sincerely, Glenn Hartmann Principal Planner ASAC Study **************************************************** * Federal Airways & Airspace * * Summary Report: New Construction * * Antenna Structure * **************************************************** Airspace User: Dawn Keniley File: USCO5086 Location: Carbondale, CO Latitude: 39°-24'-26.18" Longitude: 107°-21'-01.27" SITE ELEVATION AMSL......8626 ft. STRUCTURE HEIGHT.........75 ft. OVERALL HEIGHT AMSL......8701 ft. SURVEY HEIGHT AMSL.......8701 ft. NOTICE CRITERIA FAR 77.9(a): NNR (DNE 200 ft AGL) FAR 77.9(b): NNR (DNE Notice Slope) FAR 77.9(c): NNR (Not a Traverse Way) FAR 77.9: NNR FAR 77.9 IFR Straight-In Notice Criteria for GWS FAR 77.9: NNR (No Expected TERPS® impact RIL) FAR 77.9(d): NNR (Off Airport Construction) NR = Notice Required NNR = Notice Not Required PNR = Possible Notice Required (depends upon actual IFR procedure) For new construction review Air Navigation Facilities at bottom of this report. Notice to the FAA is not required at the analyzed location and height for slope, height or Straight-In procedures. Please review the 'Air Navigation' section for notice requirements for offset IFR procedures and EMI. OBSTRUCTION STANDARDS FAR 77.17(a)(1): DNE 499 ft AGL 1 FAR 77.17(a)(2): DNE - Airport Surface FAR 77.19(a): DNE - Horizontal Surface FAR 77.19(b): DNE - Conical Surface FAR 77.19(c): DNE - Primary Surface FAR 77.19(d): DNE - Approach Surface FAR 77.19(e): DNE - Approach Transitional Surface FAR 77.19(e): DNE - Abeam Transitional Surface VFR TRAFFIC PATTERN AIRSPACE FOR: GWS: GLENWOOD SPRINGS MUNI Type: A RD: 36603.8 RE: 5906 FAR 77.17(a)(1): DNE FAR 77.17(a)(2): DNE - Greater Than 5.99 NM. VFR Horizontal Surface: DNE VFR Conical Surface: DNE VFR Primary Surface: DNE VFR Approach Surface: DNE VFR Transitional Surface: DNE VFR TRAFFIC PATTERN AIRSPACE FOR: RIL: RIFLE GARFIELD COUNTY Type: A RD: 111521.4 RE: 5548.4 FAR 77.17(a)(1): DNE FAR 77.17(a)(2): DNE - Greater Than 5.99 NM. VFR Horizontal Surface: DNE VFR Conical Surface: DNE VFR Primary Surface: DNE VFR Approach Surface: DNE VFR Transitional Surface: DNE TERPS DEPARTURE PROCEDURE (FAA Order 8260.3, Volume 4) FAR 77.17(a)(3) Departure Surface Criteria (40:1) The Maximum Height Permitted is 6821 ft AMSL MINIMUM OBSTACLE CLEARANCE ALTITUDE (MOCA) FAR 77.17(a)(4) MOCA Altitude Enroute Criteria The Maximum Height Permitted is 12000 ft AMSL PRIVATE LANDING FACILITIES FACIL BEARING RANGE DELTA ARP FAA IDENT TYP NAME To FACIL IN NM ELEVATION IFR ----- --- ----------------------------- -------- ----- --------- --- CD41 HEL SUNLITE 315.06 2.21 -1902 No Impact to Private Landing Facility Structure 1902 ft below heliport. AIR NAVIGATION ELECTRONIC FACILITIES FAC ST DIST DELTA GRND APCH IDNT TYPE AT FREQ VECTOR (ft) ELEVA ST LOCATION 2 ANGLE BEAR ---- ---------- -- ------ ------ ------ ----- -- -------- --------- ------- ---- RIL VOR/DME R 110.6 293.04 113191 +3185 CO RIFLE 1.61 DBL RADAR ARSR Y 83.78 127156 -3067 CO Red Table -1.38 DBL VOR/DME I 113.0 84.67 129265 -3099 CO RED TABLE -1.37 SXW VOR/DME R 109.2 51.27 129690 +631 CO SNOW .28 ASE RADAR Y 115.98 146882 +131 CO ASPEN- PITKIN .05 EGE RADAR Y 1090.0 55.05 152506 +2113 CO EAGLE .79 RDY TACAN R 114.3 117.06 156179 +701 CO SARDY .26 CFR Title 47, §1.30000-§1.30004 AM STUDY NOT REQUIRED: Structure is not near a FCC licensed AM station. Movement Method Proof as specified in §73.151(c) is not required. Please review 'AM Station Report' for details. Nearest AM Station: KGLN @ 16244 meters. Airspace® Summary Version 19.5.533 AIRSPACE® and TERPS® are registered ® trademarks of Federal Airways & Airspace® Copyright © 1989 - 2019 06-20-2019 10:54:12 3 Waiver Requests Waiver Request Standards (Traffic Study & Landscape Plan) 4-202. WAIVER OF SUBMISSION REQUIREMENTS. A. Overview. The Director may waive or alter any of these requirements if they are determined to be inappropriate or unnecessary in determining whether the application satisfies applicable standards. A waiver shall apply only to the specific application for which it was requested and shall not establish a precedent for approval of other requests. B. Review Process. 1. Applicant shall request the waiver of a submission requirement in writing as part of an application submission. 2. The Director shall review the request as part of the completeness review and make a determination regarding whether to waive or require the information. The Director may refer the waiver request to the BOCC for consideration at a Public Meeting. 3. The Director shall notify the Applicant in writing of the determination whether to waive submission requirements and include a summary of the decision in the staff report. 4. The Director’s determination regarding waiver of submission requirements is subject to call-up pursuant to section 4-112. C. Review Criteria. A waiver request shall be considered based on the following criteria: 1. The Applicant shows good cause for the requested waiver; 2. The project size, complexity, anticipated impacts, or other factors support a waiver; 3. The waiver does not compromise a proper and complete review; and 4. The information is not material to describing the proposal or demonstrating compliance with approval criteria. The request for waiver is spelled out in a letter to Ms. Dalby dated June 1, 2019, from Matt Grugan Senior Project Manager with Vertical Bridge. The proposed site is approximately ¾ mile north of the existing main road on a wooded lot. There will be only infrequent site visits, approximately once per month in a van sized vehicle, therefore no traffic should be required. Additionally, the lot is remote wooded lot which will provide ample screening for the proposed tower. Waiver Request Standards (Water Supply Plan & Wastewater Management Plan) 4-202. WAIVER OF SUBMISSION REQUIREMENTS. A. Overview. The Director may waive or alter any of these requirements if they are determined to be inappropriate or unnecessary in determining whether the application satisfies applicable standards. A waiver shall apply only to the specific application for which it was requested and shall not establish a precedent for approval of other requests. B. Review Process. 1. Applicant shall request the waiver of a submission requirement in writing as part of an application submission. 2. The Director shall review the request as part of the completeness review and make a determination regarding whether to waive or require the information. The Director may refer the waiver request to the BOCC for consideration at a Public Meeting. 3. The Director shall notify the Applicant in writing of the determination whether to waive submission requirements and include a summary of the decision in the staff report. 4. The Director’s determination regarding waiver of submission requirements is subject to call-up pursuant to section 4-112. C. Review Criteria. A waiver request shall be considered based on the following criteria: 1. The Applicant shows good cause for the requested waiver; 2. The project size, complexity, anticipated impacts, or other factors support a waiver; 3. The waiver does not compromise a proper and complete review; and 4. The information is not material to describing the proposal or demonstrating compliance with approval criteria. The request for waiver is spelled out in a letter to Ms. Dalby dated June 1, 2019, from Matt Grugan Senior Project Manager with Vertical Bridge. Since the facility will be unmanned, there will not be a need for county water service or a way to capture, control & remove wastewater from the site and because there will not be water service brought to the facility, there will be no need for our plans and application to show a Water Supply Plan or Wastewater Management Plan. The only utility services required/needed for the tower compound facility will be power and telco/fiber. Waiver Request Standards (Improvement and Development Agreements) 4-202. WAIVER OF SUBMISSION REQUIREMENTS. A. Overview. The Director may waive or alter any of these requirements if they are determined to be inappropriate or unnecessary in determining whether the application satisfies applicable standards. A waiver shall apply only to the specific application for which it was requested and shall not establish a precedent for approval of other requests. B. Review Process. 1. Applicant shall request the waiver of a submission requirement in writing as part of an application submission. 2. The Director shall review the request as part of the completeness review and make a determination regarding whether to waive or require the information. The Director may refer the waiver request to the BOCC for consideration at a Public Meeting. 3. The Director shall notify the Applicant in writing of the determination whether to waive submission requirements and include a summary of the decision in the staff report. 4. The Director’s determination regarding waiver of submission requirements is subject to call-up pursuant to section 4-112. C. Review Criteria. A waiver request shall be considered based on the following criteria: 1. The Applicant shows good cause for the requested waiver; 2. The project size, complexity, anticipated impacts, or other factors support a waiver; 3. The waiver does not compromise a proper and complete review; and 4. The information is not material to describing the proposal or demonstrating compliance with approval criteria. The request for waiver is spelled out in a letter to Ms. Dalby dated September 1, 2019, from Matt Grugan Senior Project Manager with Vertical Bridge. The proposed project will not be phase and no public improvements will be required due to the addition of this site within the county. The proposed cell tower facility will be placed within a wooded area of the subject property and all construction activity for the compound and access & utility easements will take place within the property limits. Site Plans