HomeMy WebLinkAbout2.0 BOCC Staff Report 05.07.2007• • BOCC 5/07/2007 CR Grand Hogback Subdivision Exemption PROJECT INFORMATION AND STAFF COMMENTS REQUEST Exemption from the Definition of Subdivision APPLICANT / OWNER Grand Hogback, LLC LOCATION 3 miles north of the Town of Silt, 0.5 miles below Grass Valley Reservoir (Harvey Gap) 952.85 acres, Parcel No. 21272400251 Shared Well ISDS County Road 237 (Harvey Gap Road) ARRD SITE DATA WATER SEWER ACESS EXISTING ZONING ADJACENT ZONING Staff Recommendation ARRD Approval 1 I PROPOSAL The Applicant, Grand Hogback, LLC is requesting approval from the Board of County Commissioners (the Board) for an Exemption from the Definition of Subdivision (Exemption). If approved, the Exemption will create three Tots out of a 952.85 acre parcel. BOCC 5/07/2007 CR Grand Hogback Subdivision Exemption Farevis of Gant hTPRA,.. in Seniors 24, irnixtship c Swath, Rangr Rang92 West office Sth. P.d3,. County of Gar/S44, State 2f <2Porr do. 1E II REFERRAL COMMENTS Staff referred the application to the following agencies/County Departments for their review and comment. Comments received are attached as exhibits and incorporated into the memorandum where applicable. a. City of Rifle: No Comments Received b. Town of Silt: No Comments Received c. Bureau of Land Management: No Comments Received d. Road and Bridge Department: Exhibit H III RELATIONSHIP TO THE COMPREHENSIVE PLAN The subject property is located in Study Area 2 of the Comprehensive Plan of 2000 and is designated Outlying Residential. Outlying Residential has a density requirement of two or more acres per dwelling unit. The uses and acreage proposed by this request conform to the Comprehensive Plan. IV ISSUES AND CONCERNS Subdivision Exemption Regulation/Property Eligibility Section 8.52 of the Garfield County Subdivision Regulations states that "No more than a total of four (4) lots, parcels, interests or dwelling units will be created from any parcel, as that parcel was described in the records of the Garfield County Clerk and Recorder's 2 • • BOCC 5/07/2007 CR Office on January 1, 1973. In order to qualify for exemption, the parcel as it existed on January 1, 1973, must have been larger than thirty five (35) acres in size at that time and not a part of a recorded subdivision; however, any parcel to be divided by exemption that is split by a public right-of-way (State or Federal highway, County road or railroad), preventing joint use of the proposed tracts, and the division occurs along the public right- of-way, such parcels thereby created may, in the discretion of the Board, not be considered to have been created by exemption with regard to the four (4) lot, parcel, interest or dwelling unit limitation otherwise applicable. For the purposes of definition, all tracts of land thirty five (35) acres or greater in size, created after January 1, 1973, will count as parcels of land created by exemption since January 1, 1973." Staff Findings Dan Kerst, Attorney for the Applicant, has provided a letter stating that the subject property existed in the current configuration on January 1st, 1973. The subject parcel has existed as described since October 28, 1959. Staff finds that this standard has been met. Domestic/Irrigation Water The application proposes to provide domestic water to the three Tots from an exempt domestic well. A copy of the well permit issued by the State of Colorado Division of Water Resources (Permit No. 267651) allows for the use of ground water inside three single family dwellings, fire protection, the irrigation of one acre and the watering of domestic animals. A pump test conducted by Boundaries Unlimited, LLC dated March 11th, 2006 was provided by the Applicant. The 30 -hour test was performed using a pumping rate of 2.4 gallons per minute. The analysis of the pump test states that the well recovered normally and that there should be adequate water to supply three dwelling units using 350 gallons per unit/per day. Boundaries Unlimited also finds that the well will be capable of providing the 6,000 gallons of water storage required for fire protection by the Burning Mountain Fire Protection District. Monthly well soundings were recommended to monitor aquifer levels and regulate aquifer withdraws to insure adequate recharge. It is also recommended that the well not be used for irrigation purposes. The application contains a "Reporting Form for Nitrate or Nitrite as Nitrogen Analyses" prepared by Evergreen Analytical Laboratory on March 17th, 2006. This analysis demonstrates that the water was satisfactory by the State's guidelines for Nitrates. However, no information was provided regarding bacteria and suspended solids which is required by County regulations. Should the Board approve the Exemption, Staff recommends the Board require the additional well water testing as a condition of approval. 3 • • BOCC 5/07/2007 CR Garfield County Attorney's office will need to review and approve the provided document entitled "Common Well Covenants", intended to be the controlling document regarding the well shared well by the three Tots prior to the Chairman signing the plat. A determination of whether this document is adequate since it is different than what has commonly been accepted in the past as Well Sharing Agreement declaration. Zoning The subject property is located within the Agricultural/Residential/Rural Density (ARRD) Zone District. As required by § 8.52 of the Subdivision Regulations of Garfield County of 1984, the Applicant's proposal as represented conforms to all County zoning requirements. Legal Access/Road Improvements The three proposed Tots will have fee -simple access to County Road 237 (Harvey Gap Road). Garfield County Road and Bridge Department provided the following comments: o A 30 -foot easement from the center line of the existing road surface the entire length of the subdivision that borders CR. 237 (Harvey Gap Road) shall be deeded to Garfield County for future road improvements and maintenance; o All Fences, trees, brush and buildings that may encumber this easement will be moved back to the new ROW at the subdivider's expense upon final approval by the BOCC; o This requirement will be waived in areas where it would be cost prohibitive at this time to remove large rocks; o Driveway access permits will be issued by Garfield County Road and Bridge Department with conditions specified in the permit/s. This will include paved or concrete access/s attached to the driving surface of CR 237. A stop sign will also be required at the entrance/s to CR 237. (as required in the Manual on Uniform Traffic Control Devises); o The Department has met onsite with the developer and agreed to driveway access locations and specification that will be included in the driveway access permits when issued; Wastewater The Applicant proposes that wastewater will be managed on each parcel by Individual Sewage Disposal Systems (ISDS). As the parcels are improved with residences each property owner will be responsible for installing their own ISDS. Calculated lot area for each parcel exceeds the required two acres that allows for ISDS to be installed as a method of handling wastewater. 4 • • Floodplain/Soils BOCC 5/07/2007 CR The proposed parcels are not located within the 100 -year floodplain. The dominant soil on-site is: o Dollard Rock Outcrop, Shale, Complex, 25 to 65 Percent Slopes: Community development is limited by steep slopes, depth to rock, high shrink -swell potential, and low strength. The soil slumps easily in deep cuts; Based on the characteristics of the dominant soil, Staff generally recommends that all foundations and septic systems be engineered by an engineer licensed to practice in the State of Colorado. Should the Board approve the Exemption, Staff suggest the following plat note be placed on the plat: "All septic systems and residential foundations shall be designed by a professional engineer licensed to practice in Colorado." Fire Protection The subject property is located within the Burning Mountain Fire Protection District (the District). The District has reviewed the proposal and requires a 6,000 gallon underground storage tank, accessible to the Department's emergency vehicles on-site. Easements An existing and recorded US West Communications easement is shown on the draft plat situated on portions of the proposed Parcels two (2) and three (3). There is a proposed 25' domestic water easement for domestic water service. A 30' public access easement from centerline of County Road 237 is also represented. The proposed easements shall be conveyed in a manner acceptable to the County Attorney's Office. Severed Mineral Interests It appears the mineral estate of the subject parcels have been severed from the surface estate. Should the Board approve the Exemption, Staff suggests the following plat note be placed on the final plat. "The mineral rights associated with this property (also known as Parcels 1, 2, 3, and 4 of the Grand Hogback Subdivision Exemption) have been partially severed and are not fully intact or transferred with the surface estate therefore allowing the potential for natural resource extraction on the property by the mineral estate owner(s) or lessee(s)." 5 • • V STAFF RECOMMENDED FINDINGS BOCC 5/07/2007 CR 1. That proper posting and public notice was provided as required for the public hearing before the Board of County Commissioners; 2. That the public hearing before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that meeting; 3. That for the above stated and other reasons, the proposed exemption has been determined to be in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County; 4. That the application has met the requirements § 8.00 of the Garfield County Subdivision Regulations of 1984, as amended; VI STAFF RECOMMENDATION Staff finds, the proposed Exemption complies with § 8.00 of the Garfield County Subdivision Regulations of 1984, as amended and recommends the Board of County Commissioners approve the request for an Exemption from the Definition of Subdivision for Grand Hogback, LLC, with the following conditions of approval. 1. That all representations made by the Applicant in a public hearing before the Board of County Commissioners shall be considered conditions of approval unless otherwise amended or changed by the Board. 2. The Applicant shall include the following text as plat notes on the final exemption plat: a. Control of noxious weeds is the responsibility of the property owner. b. One (1) dog will be allowed for each residential unit within a subdivision exemption and the dog shall be required to be confined within the owner's property boundaries. c. No open hearth solid -fuel fireplaces will be allowed anywhere within an exemption. One (1) new solid -fuel burning stove as defied by C.R.S. 25-7- 401, et. seq., and the regulations promulgated thereunder, will be allowed in any dwelling unit. All dwelling units will be allowed an unrestricted number of natural gas burning stoves and appliances. d. All exterior lighting shall be the minimum amount necessary and that all exterior lighting be directed inward and downward, towards the interior of the subdivision exemption, except that provisions may be made to allow for safety lighting that goes beyond the property boundaries. 6 BOCC 5/07/2007 CR e. Colorado is a "Right -to -Farm" State pursuant to C.R.S. 35-3-101, et seq. Landowners, residents and visitors must be prepared to accept the activities, sights, sounds and smells of Garfield County's agricultural operations as a normal and necessary aspect of living in a County with a strong rural character and a healthy ranching sector. Those with an urban sensitivity may perceive such activities, sights, sounds and smells only as inconvenience, eyesore, noise and odor. However, State law and County policy provide that ranching, farming or other agricultural activities and operations within Garfield County shall not be considered to be nuisances so long as operated in conformance with the law and in a non -negligent manner. Therefore, all must be prepared to encounter noises, odor, lights, mud, dust, smoke chemicals, machinery on public roads, livestock on public roads, storage and disposal of manure, and the application by spraying or otherwise of chemical fertilizers, soil amendments, herbicides, and pesticides, any one or more of which may naturally occur as a part of a legal and non -negligent agricultural operations. f. All owners of land, whether ranch or residence, have obligations under State law and County regulations with regard to the maintenance of fences and irrigation ditches, controlling weeds, keeping livestock and pets under control, using property in accordance with zoning, and other aspects of using and maintaining property. Residents and landowners are encouraged to learn about these rights and responsibilities and act as good neighbors and citizens of the County. A good introductory source for such information is "A Guide to Rural Living & Small Scale Agriculture" put out by the Colorado State University Extension Office in Garfield County. g. All new septic systems and residential foundations shall be designed by a professional engineer licensed to practice in Colorado. h. Addresses are to be posted where the driveway intersects the County road. If a shared driveway is used, the address for each home should be posted to clearly identify each address. Letters are to be a minimum of 4 inches in height, % inch in width and contracts with background color. i. Driveways should be constructed to accommodate the weights and turning radius of emergency apparatus in adverse weather condition. Combustible materials should be thinned from around structures so as to provide a defensible space in the event of a wild land fire; and k. The mineral rights associated with this property (also known as Parcels 1, 2, 3, and 4 of the Grand Hogback Subdivision Exemption) have been partially severed and are not fully intact or transferred with the surface estate therefore allowing the potential for natural resource extraction on the property by the mineral estate owner(s) or lessee(s). 7 • • BOCC 5/07/2007 CR 3. Prior to the signing of the plat, all physical water supplies shall demonstrate the following as part of the final plat submittal: a) The water quality be tested by an approved testing laboratory and meet State guidelines concerning bacteria, nitrates and suspended solids; b) A water sharing agreement approved by Garfield County Attorney's Office will be filed with the exemption plat that defines the rights of the property owners to water from the well and responsibility of maintenance of the required 6,000 gallon fire protection tank. 4. The property is located in the RE -2 School District. As such, the Applicant shall be required to pay $200 each for Parcels 1, 2, and 3. This fee shall be paid at the time of final plat. 5. All Parcels are subject to the following Garfield County Road and Bridge Department requirements: o A 30 -foot easement from the center line of the existing road surface the entire length of the subdivision that borders CR. 237 (Harvey Gap Road) shall be deeded to Garfield County for future road improvements and maintenance approved by Garfield County Road and Bridge; o All Fences, trees, brush and buildings that may encumber this easement shall be moved back to the new ROW at the subdivider's expense upon final approval by the BOCC; o This requirement will be waived in areas where it would be cost prohibitive at this time to remove large rocks; o Driveway access permits will be issued by Garfield County Road and Bridge Department with conditions specified in the permit/s. This shall include paved or concrete access/s attached to the driving surface of CR 237. A stop sign shall also be required at the entrance/s to CR 237. (as required in the Manual on Uniform Traffic Control Devises); 8 GARFIELD COUNTY Building & Planning Department Review Agency Form a EXHIBIT Date Sent: November 01, 2006 Comments Due: November 15, 2006 Name of application: Grand Hogback Exemption Sent to: Garfield County Road & Bridge Dept. Garfield County requests your comment in review of this project. Please notify the Planning Department in the event you are unable to respond by the deadline. This form may be used for your response, or you may attach your own additional sheets as necessary. Written comments may be mailed, e-mailed, or faxed to: Garfield County Building & Planning Staff contact: Fred Jarman 109 8t1 Street, Suite 301 Glenwood Springs, CO 81601 Fax: 970-384-3470 Phone: 970-945-8212 General Comments: Garfield County Road & Bridge Department has no objection to this application with the following comments. A 30 -foot easement from the center line of the existing road surface the entire length of the subdivision that borders Cr. 237 (Harvey Gap Road) will be deeded to Garfield County for future road improvements and maintenance. All fences, trees, brush and buildings that may encumber this easement will be moved back to the new ROW at the sub -dividers expense upon final approval by the BOCC. Driveway access permit /s will be issued by Garfield County Road & Bridge Department with conditions specified in the permit /s. This will include paved or concrete access/s attached to the driving surface of Cr. 237. A stop sign /s will also be required at the entrance / s to Cr. 137. The stop sign /s and the installation shall be as required in the MUTCD (Manual on Uniform Traffic Control Devises. Street name sign /s and the installation shall be as required in the MUTCD. Name of review agency: Garfield County Road and Bridge Dept By: Jake B. 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Except for the purpose of establishing easements over the remaining parcel as hereinafter provided, reference to "the parcels" herein shall be deemed to be to said Parcels 1, 2, and 3. 1. Water System Description. The common water system which is the subject of these covenants shall consist of the following: (a) That certain water well located approximately 120 feet southwest of the most northeastly property corner of Parcel 1 and approximately 100 feet northwest of the centerline of County Road No. 237, which well was drilled and constructed pursuant to permit No. 267651 issued by the Colorado Division of Water Resources; (b) The water and water rights appurtenant to said well; (c) The pump and related equipment necessary to produce water from said well for use on the real property hereinabove described. 2. Water System Ownership. The common water system as above described shall be owned in undivided equal interests by the owners of the parcels. The owner or owners of each of said parcels shall also own a proportionate interest in and to so much of the water supply line as is used in common by the owners of more than one of said parcels. 3. Easements. The owner or owners of the above described parcels shall have easements and rights-of-way for the purposes of maintaining and replacing said well, pump, water supply line and related equipment, which easements and rights of way are described on the above referenced Grand Hogback Subdivision Exemption. The parcel owners shall bear the expense of extending the water supply line from the well to their respective parcel in proportion to their respective ownership of said water supply line or any portion thereof. Each parcel owner shall also have an easement for access to the shut-off valve on the water line serving the other parcel, which easement shall extend to such valve along and five feet (5') on either side of the supply line serving such other parcel. 4. Water System Installation, Maintenance, Repair and Replacement. The owner of any parcel may elect to install those components of the common water system described in subsection 1(c) above at any time; provided that if the Declarant then owns one or more of the parcels, the Declarant's approval (which approval will not be unreasonably withheld) of the plans and specifications for and the proposed installer or installers of such common water system components shall first be obtained. The parcel owner or owners initiating such installation shall bear the cost of such installation, subject to the right of reimbursement as hereinafter provided. After such installation of the common water system components and prior to another parcel owner connecting a water supply line to the common water system, the owner of such parcel desiring connection to the common water system shall reimburse to the parcel owner or owners who bore the initial cost of installing the common water system one-third (1/3) of such initial cost as reflected in paid invoices or receipts for such costs. In no event shall a parcel owner connect a water supply line to the common water system or receive any water from such system until such owner's share of such installation cost is fully paid. The owner of each parcel connected to the common water system shall equally share the cost of maintenance, repair or replacement of the common water system; provided, however, the Declarant shall not be responsible to pay any such maintenance, repair or replacement costs unless and until a parcel owned by the Declarant is connected to and is receiving delivery of water from the common water system. The owner of each parcel shall bear the cost of and be solely responsible for the installation, maintenance, repair and replacement of pipelines and other equipment not used in common by the parcel owners but which is solely used to provide water service to such owner's parcel. All common expenses related to the common water system to be shared as above -provided shall be paid by each owner within twenty (20) days after receiving notice thereof or after determination by arbitration as above -provided, whichever is applicable. If any owner fails to pay such owner's share of a common expense as herein provided, such unpaid amount shall accrue interest at the rate of one percent (1%) per month, compounded monthly, commencing at the end of the twenty (20) day period when such payment was due. If the non-paying owner fails to pay any amount due hereunder within three (3) months from the date due, the other owner who has paid such expense may seek a judgment for the amount due and may exercise such other legal or equitable remedies as are available, in which event the prevailing party shall be entitled to recover reasonable attorney's fees and costs incurred. 5. Disconnection from Water Supply. In the event the owner or owners of any of the above described parcels desires to discontinue the use of water from the above described water system, such owner may disconnect from said water system, and, upon disconnecting and giving written notice of such disconnection to the owner or owners of the remaining parcel or parcels, shall be relieved of any further obligation to -2- pay the cost of maintenance of said system; provided, however, such disconnecting owner shall remain fully liable for his share of any maintenance expenses incurred prior to such disconnection, and such disconnecting owner shall not thereafter be allowed to reconnect to the water system without having first obtained the written consent of the owner or owners of the parcel or parcels then utilizing said water system. In the event of disconnection of any parcel from the water system as provided in this paragraph, the maintenance expenses thereafter incurred in connection with said water system shall be borne by the owner of the remaining parcel or parcels. 6. Operational Costs. The monthly cost of operating the water pump and water delivery system as above described, including charges for electricity use, shall be apportioned in equal shares between the parcels actually receiving water from said system during the month for which the charge or billing is received; provided, however, upon the written demand of the owner or owners of any parcel (which demand shall be delivered to the owner or owners of all other parcel or parcels), volumetric water flow meters shall be installed on each of the parcels receiving water from said system for the purpose of measuring all water received from said water system. Upon the installation of said water flow meters the monthly operational costs of said system shall be prorated on the basis of gallons of water received per parcel. The cost of materials and labor in connection with the installation of any such water meter shall be born by the owner of the parcel for which said meter is installed. Upon agreement by the owners of all of the above described parcels, the expenses of maintenance of the water system as provided in paragraph 4 above, shall be apportioned on the basis of consumption as measured by said water flow meters. 7. Water Distribution. In order to insure reasonably comparable pressure to each parcel, the water lines to the respective parcels may be required to be of non-uniform diameter. The owner or owners of each parcel shall also install such flow restrictors in their water supply lines as are necessary to effectuate the purposes and intent of this section. In the event the water produced from said well becomes inadequate to supply all of the demands for water therefrom, the parties utilizing such water shall proportionately reduce their consumption therefrom until they are each consuming an equal amount of water which can adequately be produced from said well. The owners of the parcels may elect to drill a new well or take such other remedial action as is necessary to improve the production of water from the common system and the cost thereof shall be borne equally by the owners of said parcels, subject always to the disconnection rights as provided in these covenants. The owner or owners of each parcel shall install a shut-off valve on the water line serving such parcel. Such valve shall be located at a point on the individual supply line for such parcel to allow the supply of all water to such parcel to be discontinued without interfering with the supply of water to any other parcel. -3- 8. Water Use Restriction. Water from the common water system shall be used to serve no more than one single family residence on each of the above described parcels 1, 2, and 3, watering of domestic and the irrigation of not more than one-third acre of home gardens and lawns on each parcel. Any use of water from the common water system except as herein expressly provided is hereby prohibited, unless otherwise provided in a written agreement executed by all of the owners of all of the above described parcels. 9. Enforcement. The owner of any parcel shall have the right to enforce, by any proceeding at law or in equity, the covenants herein contained. Failure to enforce any covenant shall not be deemed a waiver of the right to do so thereafter. The party prevailing in any action for enforcement of these covenants shall be entitled to recover all court costs, including reasonable attorney's fees incurred. 10. Severability. Each of the covenants herein contained shall be deemed independent and separate and the invalidation of any one shall not affect the validity and continuing effect of any other. 11. Amendment and Termination. The covenants and agreements herein contained shall continue in full force and effect for a period of twenty (20) years and from year to year thereafter until amended or terminated by written instrument executed by al! of the owners of the parcels above described. 12. Notices. Notice as hereinabove required shall be deemed delivered upon being placed in the United States Mail, postage prepaid, and bearing the address of the owner or owners as shown in the records of the office of the Assessor of Garfield County, Colorado. SIGNED this -4 Bruce D. Lewis, Managing Partner STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) The foregoing instrument was acknowledged before me this ? day of , 2008, by Bruce D. Lewis, Managing Partner of Grand Hogback LLC. Witness my hand and official seal. My commission expires: My Commission Expires 07/11/2009 5 - Notary Public Form No. GWS -25 APPLICANT OFFICE OF THE STATE ENGINEER COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 866-3581 EXST WELL PERMIT NUMBER 278030 DIV. 5 WD 39 DES. BASIN MD GRAND HOGBACK LLC 823 BLAKE AVENUE SUITE 102 GLENWOOD SPRINGS, CO 81601- (970) 945-5252 PERMIT TO USE AN EXISTING WELL APPROVED WELL LOCATION GARFIELD COUNTY NE 1/4 NE 1/4 Section 24 Township 5 S Range 92 W Sixth P.M. DISTANCES FROM SECTION LINES 997 Ft. from North Section Line 1252 Ft. from East Section Line UTM COORDINATES (Meters,Zone:13,NAD83) Easting: Northing: 5) 6) 7) 8) ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit does not ensure that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. Approved pursuant to CRS 37-92-602(3)(b)(II)(A) as the only well on a tract of land of 43.22 acres described as that portion of the NE 1/4 of the NE 1/4, Sec. 24, Twp. 5 South, Rng. 92 West, 6th P.M., Garfield County, more particularly described on the attached exhibit A. Approved a location correction and for the installation of a pump in, and the use of, an existing well, constructed on September 13, 2004, to a depth of 82 feet, under permit no. 258396 (canceled). Issuance of this permit hereby cancels permit no. 258396. The use of ground water from this well is limited to fire protection, ordinary household purposes inside not more than three (3) single family dwellings, the irrigation of not more than one (1) acre of home gardens and lawns, and the watering of domestic animals. This well is known as Grand Hogback Well no. 2 The pumping rate of this well shall not exceed 15 GPM. The return flow from the use of this well must be through an individual waste water disposal system of the non -evaporative type where the water is returned to the same stream system in which the well is located. This well shall be located not more than 200 feet from the location specified on this permit. NOTE: Canceled permit no. 258396 was previously issued for this well. NOTE: Section 24 is an irregular "SHORT & WIDE" section NOTE: Parcel Identification Number (PIN): 23-2127-242-00-251 NOTE: Assessor Tax Schedule Number: R200774 (totaling 952.85 acre tract) APPROVED DMW `Receipt No. 9503084 State Engineer 77-r,.,1/2 By DATE ISSUED 07-08-2008 EXPIRATION DATE May 10, 2007 Bruce D. Lewis, P.E. Boundaries Unlimited, Inc. 823 Blake Avenue, Suite 102 Glenwood Springs, CO 81601 Garfield County BUILDING & PLANNING DEPARTMENT RE: Exemption from the Definition of Subdivision for the Grand Hogback LLC Property Dear Bruce, As you are aware, on Monday, May 7th, 2007, the Board of County Commissioners approved the request for an Exemption from the Definition of Subdivision with the following conditions: 1. That all representations made by the Applicant in a public hearing before the Board of County Commissioners shall be considered conditions of approval unless otherwise amended or changed by the Board. 2. The Applicant shall include the following text as plat notes on the final exemption plat: a. Control of noxious weeds is the responsibility of the property owner. b. One (1) dog will be allowed for each residential unit within a subdivision exemption and the dog shall be required to be confined within the owner 's property boundaries. c. No open hearth solid fuel fireplaces will be allowed anywhere within an exemption. One (1) new solid fuel burning stove as defied by C.R.S. 25-7-401, et. seq., and the regulations promulgated thereunder, will be allowed in any dwelling unit. All dwelling units will be allowed an unrestricted number of natural gas burning stoves and appliances. d. All exterior lighting shall be the minimum amount necessary and that all exterior lighting be directed inward and downward, towards the interior of the subdivision exemption, except that provisions may be made to allow for safety lighting that goes beyond the property boundaries. 108 Eighth Street, Suite 401 • Glenwood Springs, CO 81601 (970) 945-8212 • (970) 285-7972 • Fax: (970) 384-3470 Garfield County BUILDING & PLANNING DEPARTMENT e. Colorado is a "Right -to -Farm" State pursuant to C.R.S. 35-3-101, et seq. Landowners, residents and visitors must be prepared to accept the activities, sights, sounds and smells of Garfield County's agricultural operations as a normal and necessary aspect of living in a County with a strong rural character and a healthy ranching sector. Those with an urban sensitivity may perceive such activities, sights, sounds and smells only as inconvenience, eyesore, noise and odor. However, State law and County policy provide that ranching, farming or other agricultural activities and operations within Garfield County shall not be considered to be nuisances so long as operated in conformance with the law and in a non -negligent manner. Therefore, all must be prepared to encounter noises, odor, lights, mud, dust, smoke chemicals, machinery on public roads, livestock on public roads, storage and disposal of manure, and the application by spraying or otherwise of chemical fertilizers, soil amendments, herbicides, and pesticides, any one or more of which may naturally occur as a part of a legal and non -negligent agricultural operations. f All owners of land, whether ranch or residence, have obligations under State law and County regulations with regard to the maintenance of fences and irrigation ditches, controlling weeds, keeping livestock and pets under control, using property in accordance with zoning, and other aspects of using and maintaining property. Residents and landowners are encouraged to learn about these rights and responsibilities and act as good neighbors and citizens of the County. A good introductory source for such information is "A Guide to Rural Living & Small Scale Agriculture" put out by the Colorado State University Extension Office in Garfield County. g. All new septic systems and residential foundations shall be designed by a professional engineer licensed to practice in Colorado. h. Addresses are to be posted where the driveway intersects the County road. If a shared driveway is used, the address for each home should be posted to clearly identify each address. Letters are to be a minimum of 4 inches in height, %1 inch in width and contracts with background color. i. Driveways should be constructed to accommodate the weights and turning radius of emergency apparatus in adverse weather condition. 2 108 Eighth Street, Suite 401 • Glenwood Springs, CO 81601 (970) 945-8212 • (970) 285-7972 • Fax: (970) 384-3470 � Garfield County BUILDING & PLANNING DEPARTMENT Combustible materials should be thinned from around structures so as to provide a defensible space in the event of a wild land fire; and k The mineral rights associated with this property (also known as Parcels 1, 2, 3, and 4 of the Grand Hogback Subdivision Exemption) have been partially severed and are not fully intact or transferred with the surface estate therefore allowing the potential for natural resource extraction on the property by the mineral estate owner(s) or lessee(s). 3. Prior to the signing of any final plat, all physical water supplies shall demonstrate the following: a. The Applicant shall construct the required 6,000 gallon fire protection water storage tank and include a maintenance agreement as part of the common well covenants; b. The Applicant shall provide an approved well permit for the water well located on the remaining 786+ acre parcel; c. A pump test and water quality analysis for the water well located on the remaining 786+ acre parcel demonstrating compliance with State and Local standards; 4. The Applicant shall convey in a manner acceptable to County Attorney's Office all easements created by this exemption plat; 5. The subject property is located in the RE -2 School District. As such, the Applicant shall be required to pay $200 each for Parcels 1, 2, and 3. This fee shall be paid at the time of final plat. 6. All Parcels are subject to the following Garfield County Road and Bridge Department requirements: o A 30 -foot easement from the center line of the existing road surface the entire length of the subdivision that borders CR. 237 (Harvey Gap Road) shall be deeded to Garfield County for future road improvements and maintenance approved by Garfield County Road and Bridge; 3 108 Eighth Street, Suite 401 • Glenwood Springs, CO 81601 (970) 945-8212 • (970) 285-7972 • Fax: (970) 384-3470 � Garfield County BUILDING & PLANNING DEPARTMENT o All Fences, trees, brush and buildings that may encumber this easement shall be moved back to the new ROW at the subdivider's expense upon final approval by the BOCC; o This requirement will be waived in areas where it would be cost prohibitive at this time to remove large rocks; o Driveway access permits will be issued by Garfield County Road and Bridge Department with conditions specified in the permit/s. This shall include paved or concrete access/s attached to the driving surface of CR 237. A stop sign shall also be required at the entrance/s to CR 237. (as required in the Manual on Uniform Traffic Control Devises); A plat of an approved or conditionally approved exemption shall be presented to the Board for signature within 120 days of approval. Please do not hesitate to contact this office should you have any questions. Best regards, Craig Rich.. . son Senior Planner 970.945.8212 4 108 Eighth Street, Suite 401 • Glenwood Springs, CO 81601 (970) 945-8212 • (970) 285-7972 • Fax: (970) 384-3470 Name Shelton Drilling Corp P.O. Box 1059 Basalt, Co. 81621 (970) 927-4182 Lic. # 1095 Grand Ho tack LLC #3 Invoice # : C-2327 ate 9/15/2Q04_ Address : 923 Cooper Ave. Suite # 102 ,it 258396 City, St, Zip : Glenwood Springs, Co. 81601 Location : Harve Phone # : 945-5252 Hole Size Depth Type Casing ID Casing OD From -To 9.0 56 Steel 6.5 7.0 0-56 6.5 82 Steel 5.0 5.5 42-82 Perforated Ft : 10 ft Estimated : 15 gpm * Static Level : 27 ft Total Drilled : 82 ft Recommended Pump Set Depth 75 Ft. Pumping 15 GPM For Pump Installation We Recommend : Samuelson Pump 945-6309 (Raun Samuelson) J & M Pump Co 945-6159 (Rick Holub) Aqua Tec Pump 984-0311 (Tom Platzer) Instructions : Price Per Foot Feet @ $ Per Foot = $ 0.00 Feet @ $ Per Foot $ 0.00 Total Footage Charge $ 0.00 Minimum Well Charge (if applicable) $ 3000.00 Conditions Of Payment : pay $ 3000.00 PLEASE READ THE FOLLOWING RECOMMENDATIONS 1. *WE STRONGLY RECOMMEND A VALID PUMP TEST BE CONDUCTED BY A LICENSED PUMP INSTALLER TO DETERMINE THE ACTUAL WELL PRODUCTION AND WATER QUALITY. THIS SHOULD ESTABLISH THE ACTUAL WELL PRODUCTION PARAMETERS WHICH CANNOT BE DETERMINED WHILE DRILLING N V ._ • N 11u' T 01 P 3. The landowner is ultimately responsible for the plugging and abandonment of dry holes or replaced wells. according to State Rules and Regulations. Please contact us for details and/or prices. 4. A N I E D E AND PA ABLE ITHIN l I 1 • Y F TE E P MENT ARE MADE. A 1 0 HANDLIN HAR PER ►LIRA 'A E - NTH MAY BE ADDED l5 DAY FR I M FIR T BILLING. Please call us if you have any questions. THANK YOU CO co co O O O O CO 0 CD O O 1 BOUNDARIES UNLIMITED INC. Consulting & Civil Erd July 7, 2008 Craig Richardson, Sr. Planner Garfield County Building & Planning Dept. 108 Eighth Street, Suite 401 Glenwood Springs, CO 81601 RE: Grand Hogback Exemption Dear Craig, This submittal responds to the conditions out lined in your March 14`h, 2008 letter to me regarding BOCC's approval the Grand Hogback exemption for the Definition of Subdivision. The attached signed mylar plat for the exemption has been modified to include plat notes a. -k. and the inclusion of an easement for CR 237, as outlined in your referenced letter. Also, the follow items are attached as outlined by your letter: Burning Mountain Fire Protection District acceptance letter for the installation of a 6,000 gallon fire water storage tank; Maintenance agreement as part of the common well covenants; Approved Well permit, pump test and water quality analysis for the well serving the remaining 786+ acre parcel; A $600 check for the $200 School District fee per each of the three new parcels 3 ; The surveyor included language (recently approved on other similar county exemptions) on plat that properly conveys created easements. We agree to comply with the requirements set forth by County Road and Bridge. Please contact me with any questions you may have. Sincerely, BOUNDARYIMITED INC. . Lewis, P Managing Partner & Project Engineer 823 Blake Avenue Suite 102 Glenwood Springs Colorado 81601 Ph 970.945.5252 Fax 970.384.2833 July 7, 2008 Bruce D. Lewis Boundaries Unlimited 823 Blake Ave., Ste 102 Glenwood Springs, CO 81601 RE: Grand Hogback Exemption Plat Fire Water Storage Dear Bruce: This letter summarizes our findings from reviewing the installation of underground fire water storage tank required for the Grand Hogback Exemption Plat located in Section 24 along CR 237 just below the Harvey Gap reservoir. The purpose of this site review is to verify that the required 6,000 gallons of underground storage was completed in accordance with our letter dated April 7, 2005 and the Burning Mountains Fire Protection District's general requirements. The required tank installation appears to have been constructed to the intent of our District's requirements and will be accepted by the District strictly for fire protection purposes. Feel free to contact me with any questions or concerns you may have. Sincerely, BUR OUNTAINS FIRE PROTECTION DISTRICT Orrin Moon Fire Marshall ATTORNEYS DAN KERST dan@dankerstpc.com KELLY CAVE kelly@dankerstpc.com Mr. Bruce D. Lewis Hand Deliver DAN KERST, P.C. A PROFESSIONAL CORPORATION ATTORNEYS AT LAW 823 BLAKE AVENUE, SUITE 202 GLENWOOD SPRINGS, COLORADO 81601 TELEPHONE: (970) 945-2447 FACSIMILE: (970) 945-2440 July 8, 2008 Re: Grand Hogback Subdivision Exemption Our File #11476 Dear Bruce: PARALEGAL ELISABETH GETZEN egetzen@dankerstpc.com In reference to Item 3.a. of the March 14, 2008 letter from Garfield County senior planner Craig Richardson, I would direct your attention to Section 4 of the Common Well Covenants which you intend to record with the Subdivision Exemption. The provisions of the Common Well Covenants will be binding on and enforceable against any owner of the exemption parcels and should therefore satisfy the requirement of a maintenance agreement. If there are any further questions regarding the adequacy of the Covenants, I would be happy to discuss the issues with Craig or whomever you direct. DK/dpg P:O. Box 1908 1005 Cooper Ave. Glenwood Springs, •CO 81602 • Z4NC4NELL4 4Nn 4SSOCI4TES, INC. ENGINEERING CONSULT4NTS August 31, 2005 Mr. Bruce Lewis Boundaries Unlimited 923 Cooper Avenue, #102 Glenwood Springs, CO 81601 RE: Hogback Well No. 3 Dear Bruce: (970) 945-5700 (970) 945-1253 Fax At your request, Zancanella & Associates, Inc. has reviewed the pump test data collected by you on July 27, 2005 at the Hogback Ridge Development. The total depth of the test well was found to be 82.5 feet. The well was pumped continuously for 1485 minutes or 24.8 hours. Drawdown vs. time was monitored on a periodic basis for the entire test. The pumping rate (Q) was adjusted during the first ten minutes of the test until a stable rate of 3 gallons per minute (gpm) was achieved. After that initial period the pumping rate was held at 3 gpm for the remainder of the test. Fifteen gpm is the maximum amount allowed under an exempt domestic well permit. Maximum drawdown from the static water level during the test was approximately 2.8 ft. Figure 2 shows that the well did not fully recover during an equal pumping period. This would indicate that the recharge to the well was Tess than 3 gpm and may be in the 1 to 2 gpm range. When pumping was discontinued, the recovery of the water level was observed for an additional 1295 minutes or 21.5 hours. At that point the well had recovered to within approximately 2.3 inches of the original static level. The drawdown and recovery data are presented in Table 1 attached. A graph showing the water level during pumping is attached as Figure 1. The well showed increasing drawdown with time and did not stabilize. A graph of the recovery period with the water levels plotted as residual drawdown is included as Figure 2. The pump test results indicate that water may be seasonally mined from the aquifer. This well could be used to serve three family residences with adequate storage; however, seasonal recharge must be balanced with seasonal withdrawals. If you have any questions please call our office at (970) 945-5700. Very truly yours, Zancanella & Associates, Inc. •� o Thomas A. Zancanella, P.E. Attachments Z:\24000\24202 Hogback Ridge Development\Hogback Well No 3 Pump Test Report.doc • Job No.: 24202 Client: Lewis Test By: Lewis Analysis By: RAZ M.P.= Top of Casing Table 1 Hogback Well No. 3 Pump Test Data Q= 3 gpm r= ft S.W.L. = 24.9 ft b= ft Time/Date on: 7/27/05 8:10 AM Time/Date off: 8/1/05 6:30 AM Test Length: 118:20:00 total time Zaaaawee.wadmo 1'11;. 9/31/2015 ZA2400024202 Hogback Ridge DevelogirrageVall 3 Pmep Teel Time W.L. Measurement Drawdown Q t' t/t' TIME (minutes) (feet) (inches) (feet) (gpm) (minutes) 7/27/05 8:10 AM 0 25 0.25 SWL 3 7/27/05 8:11 AM 1 26 0 1.09 3 7/27/05 8:12 AM 2 26 3 1.34 3 7/27/05 8:13 AM 3 26 8 1.76 3 7/27/05 8:14 AM 4 26 10 1.92 3 7/27/05 8:15 AM 5 27 0 2.09 3 7/27/05 8:16 AM 6 27 1 2.17 3 7/27/05 8:17 AM 7 27 1 2.17 3 7/27/05 8:18 AM 8 27 1.5 2.22 3 7/27/05 8:19 AM 9 27 1.75 2.24 3 7/27/05 8:20 AM 10 27 2 2.26 3 7/27/05 8:25 AM 15 27 2.25 2.28 3 7/27/05 8:30 AM 20 27 3 234 3 7/27/05 8:35 AM 25 27 3.25 2.36 3 7/27/05 8:40 AM 30 27 3.5 2.38 3 7/27/05 8:50 AM 40 27 4 2.42 3 7/27/05 9:00 AM 50 27 4 2.42 3 7/27/05 9:10 AM 60 27 4.25 2.44 3 7/27/05 9:25 AM 75 27 5.25 2.53 3 7/27/05 9:40 AM 90 27 5 2.51 3 7/27/05 9:55 AM 105 27 5 2.51 3 7/27/05 10:10 AM 120 27 5 2.51 3 7/27/05 10:40 AM 150 27 5 2.51 3 7/27/05 11:10 AM 180 27 5.75 2.57 3 7/27/05 11:40 AM 210 27 6 2.59 3 7/27/05 12:10 PM 240 27 6.25 2.61 3 7/27/05 1:10 PM 300 27 6.5 2.63 3 7/27/05 2:10 PM 360 27 7 2.67 3 7/27/05 3:10 PM 420 27 7.25 2.69 3 7/27/05 4:10 PM 480 27 8 2.76 3 7/27/05 5:10 PM 540 27 8.25 2.78 3 7/27/05 6:58 PM 648 27 8.5 2.80 3 7/27/05 10:25 PM 855 27 9 2.84 3 7/28/05 2:00 AM 1070 27 10 2.92 3 7/28/05 5:00 AM 1250 27 11.25 3.03 3 7/28/05 8:55 AM 1485 28 0 3.09 3 7/28/05 8:55 AM 1485 28 0 3.09 Stopped Pumping 7/28/05 8:56 AM 1486 27 4 2.42 0 1 1486 7/28/05 8:56 AM 1487 26 6.25 1.61 0 2 744 7/28/05 8:58 AM 1488 26 3.25 1.36 0 3 496 7/28/05 8:59 AM 1489 26 1.75 1.24 0 4 372 7/28/05 9:00 AM 1490 26 0.75 1.15 0 5 298 7/28/05 9:01 AM 1491 26 0 1.09 0 6 249 7/28/05 9:02 AM 1492 25 11.75 1.07 0 7 213 7/28/05 9:03 AM 1493 25 11.5 1.05 0 8 187 7/28/05 9:04 AM 1494 25 11.25 1.03 0 9 166 7/28/05 9:05 AM 1495 25 11 1.01 0 10 150 7/28/05 9:06 AM 1496 25 10 0.92 0 11 136 7/28/05 9:11 AM 1501 25 9.75 0.90 0 16 94 7/28/05 9:16 AM 1506 25 9.5 0.88 0 21 72 7/28/05 9:21 AM 1511 25 9.5 0.88 0 26 58 7/28/05 9:26 AM 1516 25 8.75 0.82 0 31 49 7/28/05 9:36 AM 1526 25 8.5 0.80 0 41 37 7/28/05 10:02 AM 1552 25 8 0.76 0 67 23 7/28/05 10:15 AM 1565 25 7.75 0.74 0 80 20 7/28/05 10:27 AM 1577 25 7.5 0.72 0 92 17 7/28/05 10:42 AM 1592 25 7 0.67 0 107 15 7/28/05 10:58 AM 1608 25 7 0.67 0 123 13 7/28/05 11:10 AM 1620 25 6.5 0.63 0 135 12 7/28/05 11:25 AM 1635 25 6.25 0.61 0 150 11 7/28/05 11:55 AM 1665 25 6 0.59 0 180 9 7/28/05 12:25 PM 1695 25 6 0.59 0 210 8 7/28/05 12:55 PM 1725 25 5.5 0.55 0 240 7 7/28/05 1:55 PM 1785 25 5.25 0.53 0 300 6 7/28/05 2:55 PM 1845 25 5 0.51 0 360 5 7/28/05 3:55 PM 1905 25 5 0.51 0 420 5 7/28/05 4:55 PM 1965 25 4.75 0.49 0 480 4 7/28/05 5:55 PM 2025 25 4.25 0.44 0 540 4 7/28/05 8:55 PM 2205 25 3.75 0.40 0 720 3 7/29/05 1:00 AM 2450 25 3.5 0.38 0 965 7/29/05 6:30 AM 2780 25 2.5 0.30 0 1295 2 Zaaaawee.wadmo 1'11;. 9/31/2015 ZA2400024202 Hogback Ridge DevelogirrageVall 3 Pmep Teel • (.13) j A J .134EM 0 00 1 1 1 1 1 1 1 1 1 I I I 1 I I 1 1 1 1 1 I 1 1 I I 1 Q = 3 gpm throughout test — Static Water Level = 24.9 ft _ Pump Set@?? Total Depth 82.5 feet I I I 1 1 I I I I (.13) j A J .134EM 0 00 • • Recovery as Residual Drawdown N (IanaJ Out;s 11.1.10.1,1 pad) umopMEi j Colorado bepartment of Public Health and Environment Laboratory Services Division 8100 Lowry Boulevard, Denver CO 80230-6928 US Mail: PO Box 17123, Denver CO 80217 (303) 692-3090 fax (303) 344-9989 Lab ID No. MSA -2005001063 SA LE SITE SAMPLE INFORMATION Grand Hogback Well #3 Well Head RAW Collected Received Reported Collected By 7/28/2005 9:00:00AD 7/29/2005 9:12:OOAM 8/1/2005 BDL Matrix Drinking Water CUSTOMER COMMENTS Zancanella & Associates 1005 Cooper Ave. Glenwood Springs, CO 81601 Contact Name Contact Phone Purpose Routine Chlorine residual Payment Type Billed Test Name Result Method Name Sherichia coli PA Total coliforms PA E. coli not detected Coliform absent or less than one (<1), indicates a microbiologically safe sample SM 9223 • LARS Interent Address: http://www.cdphe.state.co.us/lr/lrhom.htm Modification Date:8/1/2005 #203 Ci. cot r, Samoa. 1 t� : Ci tc Pt.'ti L Client Project it :.._ -- DAte Collected: 7/2..;x/{ 5 ') » _ ti :Y[e '4:r.'.'` e.;.: 7:29/05 iieI a =.iy X41".a:;at 1:Btr t Ct.^¢n: 1l), h-3 " :jfixi4lR�-:y�,p FC Lab Sampo: Sample rki `'. i�t)d:.E300 ti'r'ep Metltrd: Date Prepared: 7/29/05 lidulO)n t+i-.c t . 1):: le Analyzed: 7/29/05 1156 'rletCot I 131:€Srt{: '‘./tET1710,0 BLANK Lab I rsction ti); "5-5301-0IA Acolytes CAS Nom oe Result Loll Chits Niiritc-N L 0.076 ,ttg/L NImit:;-J L 0.056 tn'/L \itrite±Nitr:ty_e-N U 0.076 mg/L, Analyst alifiers: B - Analyte detected in the associated Method Blank, value not subtracted from result E1 - t:xdrapolat.Id value. Value ex ioeds calibration rang. f 1 - Saanple exceeded analytical holdin: time J - Indicates an estimated value Wien the compound is detected, but. is before the t1 - Spike Recovery outside a,:cepta limits - Compound anal•yzect for Om not deteetecr - See case narrative "-Vcl.iu exceecia'- ;he Maximum Corms m : ion Approved Definitions: ..NA - Not Applicable 1..Q3.. - Iver Quantitajon _unit Sure - Surrogate Prn' :?4- e: E12105 P.O. Box 1908 1005 Cooper Ave. Glenwood Springs, CO 81602 de,Z4NC4NELL4 4t.40 4S5004TES, INC. ENGIr EERVa CorSULT4NTS August 31, 2005 Mr. Bruce Lewis Boundaries Unlimited 923 Cooper Avenue, #102 Glenwood Springs, CO 81601 RE: Hogback Well No. 3 Dear Bruce: (970) 945-5700 (970) 945-1253 Fax At your request, Zancanella & Associates, Inc. has reviewed the pump test data collected by you on July 27, 2005 at the Hogback Ridge Development. The total depth of the test well was found to be 82.5 feet. The well was pumped continuously for 1485 minutes or 24.8 hours. Drawdown vs. time was monitored on a periodic basis for the entire test. The pumping rate (Q) was adjusted during the first ten minutes of the test until a stable rate of 3 gallons per minute (gpm) was achieved. After that initial period the pumping rate was held at 3 gpm for the remainder of the test. Fifteen gpm is the maximum amount allowed under an exempt domestic well permit. Maximum drawdown from the static water level during the test was approximately 2.8 ft. Figure 2 shows that the well did not fully recover during an equal pumping period. This would indicate that the recharge to the well was Tess than 3 gpm and may be in the 1 to 2 gpm range. When pumping was discontinued, the recovery of the water level was observed for an additional 1295 minutes or 21.5 hours. At that point the well had recovered to within approximately 2.3 inches of the original static level. The drawdown and recovery data are presented in Table 1 attached. A graph showing the water level during pumping is attached as Figure 1. The well showed increasing drawdown with time and did not stabilize. A graph of the recovery period with the water levels plotted as residual drawdown is included as Figure 2. The pump test results indicate that water may be seasonally mined from the aquifer. This well could be used to serve three family residences with adequate storage; however, seasonal recharge must be balanced with seasonal withdrawals. If you have any questions please call our office at (970) 945-5700. Very truly yours, Zancanella & Associates, Inc. ►�0WON. Jar Lo u VLQ��� Thomas A. Zancanella, P.E. Attachments Z:\24000\24202 Hogback Ridge Development\Hogback Well No 3 Pump Test Report.doc • Job No.: 24202 Client: Lewis Test By: Lewis Analysis By: RAZ M.P. - Top of Casing Table 1 Hogback Well No. 3 Punip Test Data Q= r= S.W.L. = b= Time/Date on: Time/Date off: Test Length: 24.9 7/27/05 8:10 AM 8/1/05 6:30 AM ppm fI tl ft 118:20:00 total time znaxlua.¢m noge.et Pape Rvelopren0Well ? Pwq+Ba Time W.L. Measurement Drawdown Qt 1/1' TIME (minutes) (feet) (inches) (feet) (gpm) (minutes) 7/27/05 8:10 AM 0 25 0.25 SWL 3 7/27/05 8:11 AM 1 26 0 1.09 3 7/27/05 8:12 AM 2 26 3 1.34 3 7/27/05 8:13 AM 3 26 8 1.76 3 7/27/05 8:14 AM 4 26 10 1.92 3 7/27/05 8:15 AM 5 27 0 2.09 3 7/27/05 8:16 AM 6 27 1 2.17 3 7/27/05 8:17 AM 7 27 1 2.17 3 7/27/05 8:18 AM 8 27 1.5 2.22 3 7/27/05 8:19 AM 9 27 1.75 2.24 3 7/27/05 8:20 AM 10 27 2 2.26 3 7/27/05 8:25 AM 15 27 2.25 2.28 3 7/27/05 8:30 AM 20 27 3 2.34 3 7/27/05 8:35 AM 25 27 3.25 2.36 3 7/27/05 8:40 AM 30 27 3.5 2.38 3 7/27/05 8:50 AM 40 27 4 2.42 3 7/27/05 9:00 AM 50 27 4 2.42 3 7/27/05 9:10 AM 60 27 4.25 2.44 3 7/27/05 9:25 AM 75 27 5.25 2.53 3 7/27/05 9:40 AM 90 27 5 2.51 3 7/27/05 9:55 AM 105 27 5 2.51 3 7/27/05 10:10 AM 120 27 5 2.51 3 7/27/05 10:40 AM 150 27 5 2.51 3 7/27/05 11:10 AM 180 27 5.75 2.57 3 7/27/05 11:40 AM 210 27 6 2.59 3 7/27/05 12:10 PM 240 27 6.25 2.61 3 7/27/05 1:10 PM 300 27 6.5 2.63 3 7/27/05 2:10 PM 360 27 7 2.67 3 7/27/05 3:10 PM 420 27 7.25 2.69 3 7/27/05 4:10 PM 480 27 8 2.76 3 7/27/05 5:10 PM 540 27 8.25 2.78 3 7/27/05 6:58 PM 648 27 8.5 2.80 3 7/27/05 10:25 PM 855 27 9 2.84 3 7/28/05 2:00 AM 1070 27 10 2.92 3 7/28/05 5:00 AM 1250 27 11.25 3.03 3 7/28/05 8:55 AM 1485 28 0 3.09 3 7/28/05 8:55 AM 1485 28 0 3.09 Stopped Pumping 7/28/05 8:56 AM 1486 27 4 2.42 0 1 1486 7/28/05 8:56 AM 1487 26 6.25 1.61 0 2 744 7/28/05 8:58 AM 1488 26 3.25 1.36 0 3 496 7/28/05 8:59 AM 1489 26 1.75 1.24 0 4 372 7/28/05 9:00 AM 1490 26 0.75 1.15 0 5 298 7/28/05 9:01 AM 1491 26 0 1.09 0 6 249 7/28/05 9:02 AM 1492 25 11.75 1.07 0 7 213 7/28/05 9:03 AM 1493 25 11.5 1.05 0 8 187 7/28/05 9:04 AM 1494 25 11.25 1.03 0 9 166 7/28/05 9:05 AM 1495 25 11 1.01 0 10 150 7/28/05 9:06 AM 1496 25 10 0.92 0 11 136 7/28/05 9:11 AM 1501 25 9.75 0.90 0 16 94 7/28/05 9:16 AM 1506 25 9.5 0.88 0 21 72 7/28/05 9:21 AM 1511 25 9.5 0.88 0 26 58 7/28/05 9:26 AM 1516 25 8.75 0.82 0 31 49 7/28/05 9:36 AM 1526 25 8.5 0.80 0 41 37 7/28/05 10:02 AM 1552 25 8 0.76 0 67 23 7/28/05 10:15 AM 1565 25 7.75 0.74 0 80 20 7/28/05 10:27 AM 1577 25 7.5 0.72 0 92 17 7/28/05 10:42 AM 1592 25 7 0.67 0 107 15 7/28/05 10:58 AM 1608 25 7 0.67 0 123 13 7/28/05 11:10 AM 1620 25 6.5 0.63 0 135 12 7/28/05 11:25 AM 1635 25 6.25 0.61 0 150 11 7/28/05 11:55 AM 1665 25 6 0.59 0 180 9 7/28/05 12:25 PM 1695 25 6 0.59 0 210 8 7/28/05 12:55 PM 1725 25 5.5 0.55 0 240 7 7/28/05 1:55 PM 1785 25 5.25 0.53 0 300 6 7/28/05 2:55 PM 1845 25 5 0.51 0 360 5 7/28/05 3:55 PM 1905 25 5 0.51 0 420 5 7/28/05 4:55 PM 1965 25 4.75 0.49 0 480 4 7/28/05 5:55 PM 2025 25 4.25 0.44 0 540 4 7/28/05 8:55 PM 2205 25 3.75 0.40 0 720 3 7/29/05 1:00 AM 2450 25 3.5 0.38 0 965 3 7/29/05 6:30 AM 2780 25 2.5 0.30 0 1295 2 znaxlua.¢m noge.et Pape Rvelopren0Well ? Pwq+Ba in O O N e L r3cJ) C ac ,x N w H sz GC bO C� z • E QI (TT) Tarn AA 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Q = 3 gpm throughout test — Static Water Level = 24.9 ft Pump Set @ ?? Total Depth 82.5 feet 1 1 1 1 1 1 1 1 1 I (TT) Tarn AA M O z N = CI) Cle L = bA ,. U C3 an bA O x Recovery as Residual Drawdown 0 0 0 0 0 \Y Y O ,11 • • O — N M n' in s (1ana7 34% uzoi3 load) umopmma Laboratory Services Division ; ;"', ]oi 8100 Lowry Boulevard, D ver CO 80230-6928 US Mail: PO Box 17123, ver CO 80217 ColoradoDepatmcnt (303) 692-3090 fax (303 44-9989 of Public Health and Emvirotunent • Lab ID No. MSA -2005001063 LE SITE Grand Hogback Well #3 Well Head RAW SAMPLE INFORMATION Collected 7/28/2005 9:00:00A1N Received 7/29/2005 9:12:OOAM Reported 8/1/2005 Collected By BDL Matrix Drinking Water Zancanella & Associates 1005 Cooper Ave. Glenwood Springs, CO 81601 Contact Name Contact Phone Purpose Routine Chlorine residual Payment Type Billed Test Name Result Method Name ;herichia coli PA Total coliforms PA E. coli not detected Coliform absent or less than one (<1), indicates a microbiologically safe sample SM 9223 LARS Interent Address: http://www.cdphe.state.co.us/Ir/lrhom.htm Modification Date:8/1/2005 #203 Form No. GWS -25 APPLICANT OFFICE OF THE SIVE ENGINEER • COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 866-3581 1095 WELL PERMIT NUMBER 258397 DIV. 5 WD 39 DES. BASIN MD GRAND HOGBACK LLC 923 COOPER AVENUE, SUITE #102 GLENWOOD SPRINGS, CO 81601- (970) 945-5252 PERMIT TO CONSTRUCT A WELL APPROVED WELL LOCATION GARFIELD COUNTY NW 1/4 NE 1/4 Section 24 Township 5 S Range 92 W Sixth P.M. DISTANCES FROM SECTION LINES 1075 Ft. from North Section Line 1475 Ft. from East Section Line UTM COORDINATES Northing: Easting: ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit does not ensure that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37-92-602(3)(b)(I) for uses as described in CRS 37-92-602(1)(f). Use of this well is limited to monitoring water levels and/or water quality sampling. This well is known as Monitoring/Observation Well no. 3. 4) This well must be equipped with a locking cap or seal to prevent well contamination or possible hazards as an open well. The well must be kept capped and locked at all times except during sampling or measuring. 5) Records of water level measurements and water quality analyses shall be maintained by the well owner and submitted to the Division of Water Resources upon request. 6) Upon conclusion of the monitoring program the well owner shalt plug this well in accordance with Rule 16 of the Water Well Construction Rules. A Well Abandonment Report must be completed and submitted to the Division of Water Resources within 60 days of plugging. 7) The owner shall mark the well in a conspicuous place with well permit number(s) and name of aquifer as appropriate, and shall take necessary means and precautions to preserve these markings. 8) This well must be constructed by or under the supervision of a licensed well driller or other authorized individual according to the Water Well Construction Rules. If non-standard construction is anticipated, a variance request must be submitted in accordance with Rule 18 and approved prior to well construction. 9) A Well Construction and Test Report (Form GWS -31), including Iithologic log must be submitted by the individual authorized to construct the well. For non-standard construction, the report must include an as -built drawing showing details such as depth, casing, perforated zones, and a description of the grouting type and interval. 10) This well shall be constructed not more than 200 feet from the location specified on this permit. NOTE: Section 24 is an Irregular "SHORT & WIDE" section. ,� NOTE: Parcel Identification Number (PIN): 23-2127-242-00-251 /meq NOTE: Assessor Tax Schedule Number: R200774 (totaling 952.85 acres) APPROVED [DMWi� Receipt No. 9501956C State Engineer By DATE ISSUED 07-27-2004 EXPIRATION DATE 07-27-2006