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HomeMy WebLinkAbout4.0 Tamburello North Exhibits A - OEXHIBITS Tamburello North Exemption A Proof of Certified Mailing Receipts and Publication B Garfield County Zoning Regulations of 1978 C Garfield County Comprehensive Plan of 2000 D Garfield County Subdivision Regulations of 1984 E Staff Report dated November 4, 2002 F Application Materials G Originally staff report dated November 27, 2000 H Letter from the Building and Planning Department dated August /4, 2002 I Email from John Savage including Petition for Exemption dated August 16, 2002 J Application for Driveway Permit dated March 23, 2002 K Letter from Rifle Fire Protection District dated April 25, 2001 L Letter from John Savage dated July 9, 2002 M Water Supply report dated May 9, 2002, from Colorado River Engineering, Inc. N Well Sharing Declaration 0 Easement Declaration (for access and utilities) P Tamburello North Exemption Plat - revised date of September 12, 2002 Q Tamburello North Access and Utility map dated September 10, 2002 • • PROJECT INFORMATION AND STAFF COMMENTS BOCC - 11/4/0 Meeting TP TYPE OF REVIEW: An exemption from the definition of subdivision. SUMMARY OF REQUEST: The Applicant requests an exemption from the rules of subdivision to subdivide a 40 acre parcel of land into three (3) tracts. Tract 1: 20.721 acres; Tract 2: 9.169 acres; and Tract 3: 9.947 acres. APPLICANT: Gregory J. and Anne E. Tamburello ATTORNEY/REPRESENTATIVE: John W. Savage LOCATION: Along CR 210, in the Cactus Valley area, east of Rifle, Colorado. A tract of land situated in Section 2, Township 6 South, Range 93 West of the 6th P.M. SITE DATA: 40 +/- Acres I. BACKGROUND AND SUMMARY OF REQUEST The Applicant received conditional approval by the Board of County Commissioners ("Board") on November 27, 2000, to subdivide approximately 40 acres into three (3) tracts of land. A. Tract 1 contains approximately 20.721 acres with an approximately 3.145 acre building envelope; B. Tract 2 contains approximately 9.169 acres with an approximately 2.013 acre building envelope; and C. Tract 3 contains approximately 9.947 acres with an approximately 1.938 acre building envelope. A copy of staff's memorandum dated November 27, 2000, to the Board, (Exhibit G) provides a detailed summary of the issues addressed in 2000, as well as list of conditions approved by the Board. These conditions are discussed later within this memorandum. Pursuant to section 8:33 of the Subdivision Regulations [excerpt below], and a condition of approval, the exemption plat was to be presented to the Board for signature within 120 days of approval, prior to March 27, 2001. 8:33 A plat of an approved or conditionally approved exemption shall be presented to the Board for signature within 120 days of approval. The plat shall include a legal description of the exempted property, and Exemption Certificate (See Appendix), the County Surveyor's Certificate (See Appendix) and a statement, if four (4) lots, parcels, or interest have been created on the parcel, that 'NOTE: No further divisions by exemption from definition will be allowed. " The plat • • Tamburello North Exemption BOCC — 11/4/02 Page 2 shall be recorded with the County Clerk and Recorder no later than thirty (30) days after the Chairman's signature. The Chairman of the Board of County Commissioners shall not sign a plat ofa conditionally approved exemption until all conditions of approval have been complied with. A 30 -day extension from March 27, 2001, was granted by the Board on April 2, 2001. On April 26, 2001, the Applicant requested a two week extension until May 11, 2001. An Exemption Plat was not filed with the County in this timeframe. Pursuant to a letter, dated August 14, 2002, from the Garfield County Building and Planning Department (Exhibit H, it was noted that "the Board has a policy of granting extensions of up to one year from the date of approval for the submittal of the plat to the Board for signature. This plat was not submitted to the Board within any of the above timeframe. Therefore, it is necessary to resubmit an application for consideration by the Board." The Applicant's representative provided a response (Exhibit I) to staff's conclusion and submitted a Petition for Exemption request, as well as a draft copy of an Exemption Plat (Exhibit N) and an Access and Utility Easement map (Exhibit 0). H PREVIOUS APPROVAL According to the approval granted by the Board on November 27, 2000, a number of conditions were approved as part the Subdivision Exemption request. From November 27, 2000, to present, a number of the conditions of approval had been addressed. Below are the conditions of approval that needed to be addressed prior the finalization and recording of the Final Plat. Staff has provided a response to these conditions, in bold, as to whether the condition remains outstanding and needs to be addressed prior finalization of the Final Plat, or if the condition has been met and how. The conditions excluded from the list below are either conditions that are on-going or have been met, or are required to be included on the exemption plat. 2. A Final Exemption Plat shall be submitted, indicating the legal description of the property, dimension, and area of the proposed lots, 25 ft wide access to a public right-of-way, and any proposed easements for setbacks, drainage, irrigation, access or utilities, Response: The Applicant provided a copy of an Exemption Plat and an Access and Utility Easement map. Between the two maps, the items listed above in the condition, have been incorporated. Both, the Exemption Plat and the Access and Utility Easement map shall be recorded. 3. That the applicant shall have 120 days (until 3/27/01) to present a plat to the Commissioners for signature from the date of conditional approval of the exemption; Response: This condition has been addressed previously in this memorandum. 4. That the applicant shall submit the applicable School Site Acquisition Fees for the creation of the exemption parcels prior to approval of the exemption plat; Response: A school site acquisition fees in the amount of $600.00 was paid to the Planning Department in 2001. • • Tamburello North Exemption BOCC — 11/4/02 Page 3 6. Prior to finalization of the plat the applicant shall provide evidence that a dry hydrant has been installed in the pond to provide a year-round water supply for fire protection use. The water supply shall be approved by the Rifle Fire Protection District prior to construction. Response: According to the Rifle Fire Protection District's letter dated April 25, 2001, (Exhibit K) this condition was satisfied. 7. That the applicant shall obtain and provide to staff' the necessary access easement from the property to CR210, prior to finalization of the exemption plat. The access roadway to the parcels shall be constructed adequately to accommodate the weights and turning radius' of emergency apparatus to permit access during adverse weather conditions. A legal road sharing agreement, which discusses all costs associated with the maintenance of the road who will be responsible for paying these costs, and how assessments will be made for these costs, shall be filed with the exemption plat. Response: A copy of an Easement Declaration for access and utilities (Exhibit 0) has been submitted. The Easement Declaration has terms and conditions which outline the financial obligations of the Easement Owners with respect to the repair and maintenance of the road. This document shall be filed, with appropriate signatures, with the exemption plat. In John Savage's letter (Exhibit L), received by the Building and Planning Department on July 9, 2002, it was noted that "the Applicant met with Mr. Nelson [Assistant County Engineer, Jeff Nelson] in mid May 2001 and was advised that the road as then constructed met with approval requirements." No documentation has been provided that reflects this statement. Prior to recording of the Final Plat, the Applicant shall provide written documentation or evidence that the access roadway to the parcels has been constructed adequately to accommodated the weights and turning radius of emergency apparatus to permit access during adverse weather conditions. 8. The recommendations of the Road and Bridge Department shall be followed prior to finalization of the exemption plat and on an on-going basis. These recommendations include the following: a. The fence shall be setback a minimum of twenty (20) feet. b. The brush shall be cut and removed for site distance. c. Access shall be limited to one entrance on the county road. d The applicant shall obtain a driveway permit. Response: On the Access and Utility Easement map, a 60' right-of-way easement for one access point for the three tracts off of County Road 210 has been delineated. Mr. Savage noted in his letter that "the Applicant reviewed construction with Kraig Kuberry of the Garfield County Road and Bridge. He approved the driveway circa 5/23/01 and said he would so inform Kit [Lyon]." Staff has spoken to Mr. Kuberry who indicated that the Applicant fulfilled to requirements of the Road and Bridge Department prior to the issuance of the Driveway Permit (Exhibit J). 10. The applicant shall identify the slopes that exist on the property. If a building envelope smaller than one (1) acre is proposed, the specific provisions of section 5.04.02 of the Zoning Resolution shall be met prior to any finalization of an exemption plat. • • Tamburello North Exemption BOCC —11/4/02 Page 4 Response: On the Exemption Plat submitted, slopes over 25% have been identified with gray shading. This far exceeds the 40% lot slope requirements outlined in Section 5.04 of the Zoning Regulations. In addition, a note on the exemption plat, with respect to these 25% slopes, states that "these areas [gray shaded areas] are Restricted to Development, Building Envelope must be greater than one acre with less than 25% slope". The building envelopes identified on each tract ranging in size from 2 to 3 acres. 12. Prior to the approval of an exemption plat, the applicant shall provide proof of legal and adequate source of domestic water for each lot created and will demonstrate that all water supplies will meet the following: a) That a four (4) hour pump test be performed on the well to be used; b) A well completion report demonstrating the depth of the well, the characteristics of the aquifer and the static water level; c) The results of the four (4) hour pump test indicating the pumping rate in gallons per minute and information showing drawdown and recharge; d) A written opinion of the person conducting the well test that this well should be adequate to supply water to the number ofproposed lots; e) An assumption ofan average or no less than 3.5 people per dwelling unit, using 100 gallons of water per person, per day; f) If the well is to be shared, a legal well sharing agreement which discusses all easements and costs associated with the operation and maintenance of the system and who will be responsible for paying these costs and how assessments will be made for these costs will be filed with the exemption plat; g) The water quality be tested by an approved testing laboratory and meet State guidelines concerning bacteria, nitrates and suspended solids; h) An off-site legal well agreement which guarantees access to the well for maintenance purposes shall be submitted and the exemption plat shall identify the location of the maintenance easement and off-site well. The easement needs to come into existence prior to the creation of the lots. Also, a legal entity must be created to hold the easement (such as an unincorporated homeowner's association) prior to finalization of the exemption. Response: Tract 1 will be supplied with water from an existing exempt well located on the tract. On the Exemption Plat, a Well Easement has been established around the existing well. Tracts 2 & 3 will be supplied with water pumped from an existing exempt well located on the 80 -acre Tamburello parcel to the south of the exemption. A 20' water line easement has been identified on the Access and Utility Easement map. A water supply analysis (Exhibit M) conducted by Colorado River Engineering, Inc. ("CRE") dated May 9, 2002, was submitted to the Building and Planning Department on July 9, 2002. According to this analysis, the well located on Tract 1 is capable of supplying the water demands equal to 350 gallons per day for one residence. The well permit allows for the irrigation of up to 1 -acre of land. The analysis notes that the well does not have sufficient yield to meet the entire irrigation limits and a plat not should indicated that a limited supply for irrigation water is available from the well. The well to serve Lots 2 & 3, and the existing Tamburello home, is capable of supplying the water demands equal to 350 gallons per day per residence. CRE has noted that a Plat should identify the potential need for a storage/booster pump and provide the necessary easements and cost sharing agreement for the shared use of the well. • • Tamburello North Exemption BOCC — 11/4/02 Page 5 A copy of a Well Sharing Declaration (Exhibit N) was submitted. Per CRE advice, this Well Sharing Declaration shall included language regarding the potential need for a storage/booster pump. This document shall be filed, with appropriate signatures, with the exemption plat. 13. That the following plat notes shall appear on the Final Exemption Plat: ... [refer to staff's memorandum dated November 27, 2000 for extensive list] Response: The plat notes outlined in this condition are standard and have been included on the draft copy of the Tamburello North Exemption plat submitted as part of this application. These plat notes are carried forward as conditions of approval for this exemption request. III. RECOMMENDATION Staff recommends that the Board APPROVE the Tamburello North Exemption, subject to the following conditions: 1. The conditions approved in accordance to staff's memorandum dated November 27, 2000, shall be superseded by the following conditions of approval. 2. All representations of the Applicant, either within the application or stated at the meeting before the Board of County Commissioners, shall be considered conditions of approval; 3. The Applicant shall have 120 days (until 3/4/03) to present a plat to the Commissioners for signature from the date of conditional approval of the exemption; 4. The 1978 Garfield County Zoning Resolution and the Colorado Department of Health standards shall be complied with. 5. Use of a cistern as a source of domestic water shall not be permitted. Use of a legal well shall be acceptable. 6. The recommendations of the Road and Bridge Department shall be on-going. These recommendations include A. The fence shall be setback a minimum of twenty (20') feet. B. The brush shall be cut and removed for site distance. C. Access shall be limited to one entrance on the county road. 7. The access roadway to the parcels shall be constructed adequately to accommodate the weights and turning radius' of emergency apparatus to permit access during adverse weather conditions. 8. The Easement Declaration (for access and utilities) shall be filed, with appropriate signatures, with the Exemption Plat. 9. The Well Sharing Declaration shall include language regarding the potential need for a storage/booster pump. This document shall be filed, with appropriate signatures, with the exemption plat. • . Tamburello North Exemption BOCC — 11/4/02 Page 6 10. That the following plat notes shall appear on the Final Exemption Plat: A. The existing well on Tract 1 does not have sufficient yield to meet the entire irrigation limits allowed by the permit. A limited supply of irrigation water is available from the well. B. One (1) dog will be allowed for each residential unit 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. sew., and the regulations promulgated there under, 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 will be the minimum amount necessary and all exterior lighting will be directed inward, towards the interior of the subdivision, except that provisions inay be made to allow for safety lighting that goes beyond the property boundaries. E. No further divisions by exemption from the rules of Subdivision will be allowed. F. Slopes exceeding 25% shall be restricted from development. Areas of disturbance shall be revegetated with appropriate, rapidly established vegetation. Development on moderate slopes (16-24%) shall be designed to fit the contours, without any leveling or benching. Cut and fill areas shall be kept in balance and to a minimum. The existing natural drainage system shall be utilized to the fullest extent possible with disturbance of natural drainage courses minimized. Disturbance of the existing vegetative cover shall be minimized G. Vegetation shall be removed from near any structures in order to provide a safe zone in the event of a wild land fire. When constructing access roadways into the parcels, consideration shall be given to the weights and turning radius' of emergency apparatus to permit access during adverse weather conditions. Addresses of the individual properties shall be posted where the driveway intersects the County Road and on the individual residences if shared driveways are used. Letters shall be a minimum of 4 inches in height, '/2 inch in width, and contrast with background colors. The Rifle Fire Protection District requests to be contacted at the time of construction of the structures for final approval of the water supply. H. Foundations and Individual Sewage Disposal Systems shall be engineered by a Professional Registered Engineer within the State of Colorado. I. 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. 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. • • Tamburello North Exemption BOCC — 11/4/02 Page 7 J. 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. REQUEST: APPLICANT: ATTORNEY: LOCATION: • • BOCC 11/27/00 PROJECT INFORMATION AND STAFF COMMENTS An exemption from the definition of subdivision. Gregory J. and Anne E. Tamburello John W. Savage Along CR 210, in the Cactus Valley area, east of Rifle, Colorado. A tract of land situated in Section 2, Township 6 South, Range 93 West of the 6th P.M. SITE DATA: 40 +/- Acres WATER: Either shared well or cistern SEWER: ISDS ACCESS: Private easement to County Road 210 EXISTING/ADJACENT ZONING: A/R/RD I. RELATIONSHIP TO THE COMPREHENSIVE PLAN: According to the Garfield County Comprehensive Plan of 1984, this site lies in "District B — Subdivisions / Rural Serviceable Areas / 1/2 to 1 Mile Radius / Minor Environmental Constraints". District B is described as having a good ability to absorb growth. The suggested density is no more than one (1) dwelling unit per two (2) acres (unless an adjacent subdivision has a higher density, in which case it may be increased, subject to certain parameters). II. DESCRIPTION OF THE PROPOSAL A. Site Description and Development Proposal: The 40+/- acre property is located east of Rifle, along County Road 210. The applicant proposes to create three (3) lots about 10, 10, and 20 acres in size. The topography varies widely across the site from somewhat level to steep cliff sides. The predominant vegetation is pinyon and juniper. The applicant owns two adjacent parcels to the south and west of the Page 1 of 10 • • property which are the subject of a sketch plan application. The access crosses the adjacent sketch plan property to this site. Two ponds exist on the sketch plan site. B. Applicability: Section 8:10 allows the Board of County Commissioners the discretionary power to exempt a division of land from the definition of subdivision and, thereby, from the procedure in Sections 3:00, 4:00 and 5:00, provided the Board determines that such exemption will not impair or defeat the stated purpose of the Subdivision Regulations nor be detrimental to the general public welfare. III. REFERRALS The application was referred to the following review agencies for comments: A. Rifle Fire Protection District: See letter, page Apq . B. Garfield County Road and Bridge Department: See memo, page // . Recommends a 20' fence setback, brush removal, and limiting access to one entrance on the county road. A driveway permit will be necessary. C. Garfield County Engineer: To date, no reply has been received. D. City of Rifle: To date, no reply has been received. IV. MAJOR ISSUES AND CONCERNS A. Subdivision Regulations. Section 8.52 of the Garfield County Subdivision Regulations states that "No more than a total offour (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 Office on January 1, 1973, and is 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) or natural feature, preventing joint use of the proposed tracts, and the division occurs along the public right-of-way or natural feature, 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." The applicant has provided proof of ownership in the form of a recorded special warranty deed (book 818, page 770). The parent parcel was about 94 acres in size from which two parcels now exist: a 54 ac. parcel (#2177-02-1-00-288) and the 40 ac. parcel which is the subject of this application (#2177-02-1-00-271). The request is to divide the 40 acres into three (3) rural residential lots approximately 10, 10, and 20 acres in size. Based on the information provided, the property appears to qualify for the three (3) lots requested. If the request is approved, no more exemption lots Page 2 of 10 • • would be permitted under Garfield County regulations. B. Comprehensive Plan: The proposal appears to be generally consistent with the comprehensive plan. However, the comp plan contains performance standards on pages 27-40. Of particular significance is the Natural Environment section which discusses how to deal with steep slopes, surface drainage, and vegetation removal. According to the comp plan, slopes exceeding 25% should be restricted from development. Areas of disturbance should be revegetated with appropriate, rapidly established vegetation. Development on moderate slopes (16-24%) should be designed to fit the contours, without any leveling or benching. Cut and fill areas should be kept in balance and to a minimum. The existing natural drainage system should be utilized to the fullest extent possible with disturbance of natural drainage courses minimized. Disturbance of the existing vegetative cover should be minimized. If the proposal ensures adherence to the performance standards and includes an appropriate note on the plat, staff has no further concern about compliance with the comp plan. C. Zoning Regulations: The applicant should be aware that Garfield County Zoning Regulations prohibit disturbance of slopes 40% or greater, unless certain criteria are met. Section 5.04.02 (2) states: Development Limitations Based on Lot Slope: (2) Lot Size 1 Acre or Greater: Such lots shall have a minimum building envelope of 1 acre in an area that has less than forty percent (40%) slopes; however, a smaller building envelope may be approved by the Board after review of the following which shall be submitted by the applicant: (A) A soil land foundation investigation prepared by a registered, professional engineer. (B) A topographic survey with contour intervals of not more than two (2) feet. (C) A site grading and drainage plan prepared by a register, professional engineer. (D) A detailed plan of retaining walls or cuts, and fills in excess of five (5) feet. (E) A detailed revegetation plan. All of the above shall show the minimum building envelope size for each lot and shall provide evidence that all structures and facilities can be built within such building envelope area so as not to disturb any forty percent (40%) slope area. The following shall be conditions of any approval: Page 3of10 (3) • • (A) Foundations shall be designed by and bear the seal of a registered, professional engineer. (B) All final plans required to be submitted by a professional engineer shall be approved in their final form and shall bear the seal of such registered, professional engineer. For all lots: Driveways, access ways and access easements within the development and on the property of developer shall have a maximum grade of fourteen percent (14%). (A. 94-046) It appears, based on the plan and a staff visit to the site, that an adequate building site may exist on each proposed lot. However, the proposed access road appears to disturb an area of 40%+ slopes. It is the applicant's responsibility to identify the slopes that exist on the property and to comply with section 5.04.02. D. Legal and Physical Access: The proposed legal access is via a 50' wide access and utility easement to County Road 210. The Tamburellos own the adjacent parcel which the proposed easement crosses. They have applied for subdivision sketch plan on the adjacent parcel. Section 8:52 C states: All lots created will have legal access to a public right-of-way and any necessary access easements have been obtained, or are in the process of being obtained; The executed easement must be in place prior to finalization of the exemption request and it must be located on the final exemption plat. Furthermore, section 8:52 F requires: Provision has been made for any required road or storm drainage improvements; A road has been roughed -in already. The applicant indicated during the site visit that the road will not exceed 10% slope. While the grade appears acceptable, it is doubtful that the current roughed -in road could accommodate emergency apparatus weights and turning radius' (see fire protection discussion). The application does not discuss any provision for improving the road. E. Water: The application states that Lots 1, 2, and 3 will receive domestic water supply from an exempt 35 acre well to be located on an adjacent property. Mr. Savage stated that the well will be located below the ditch, on the owner's adjacent property. As an alternative, the application contemplates one or more of the lots being served by a cistern with at least 1,000 gallons storage capacity. The application contains evidence of existing water wells in the area that produce more than 5 gpm. Section 8:52 D of the Subdivision Regulations states the following: Page 4 of 10 • • The Board shall not grant an exemption unless the division proposed for exemption has satisfied the following criteria: Provision has been made for an adequate source of water in terms of both the legal and physical quality, quantity and dependability, and a suitable type of sewage disposal to serve each proposed lot; Technically, evidence of adequate legal water rights has not been included in the application. However, well permits are routinely granted for properties 35+ acres in size. The application contains evidence that wells in the area appear to have an adequate yield. The applicant should understand that the provisions of Section 8:42 D shall be met prior to finalization of the exemption plat. Section 8:42 D states: ...Prior to the signing of a plat, all physical water supplies shall demonstrate the following: 1. That a four (4) hour pump test be performed on the well to be used; 2. A well completion report demonstrating the depth of the well, the characteristics of the aquifer and the static water level; 3. The results of the four (4) hour pump test indicating the pumping rate in gallons per minute and information showing drawdown and recharge; 4. A written opinion of the person conducting the well test that this well should be adequate to supply water to the number of proposed lots; 5. An assumption of an average of no less than 3.5 people per dwelling unit, using 100 gallons of water per person, per day; 6. If the well is to be shared, a legal, well sharing declaration which discusses all easements and costs associated with the operation and maintenance of the system and who will be responsible for paying these costs and how assessments will be made for these costs; 7. The water quality be tested by an independent testing laboratory and meet State guidelines concerning bacteria and nitrates. In staffs opinion, the use of a cistern as a sole means of domestic water does not constitute an adequate source of water in terms of both the legal and physical quality, quantity and dependability. Unless the applicant can produce proof of a guaranteed source, such as a perpetual agreement with a public water supplier, this is not an acceptable alternative. Since the well will be located on a different parcel, a well maintenance easement will be necessary. The easement needs to come into existence prior to the creation of the lots. Also, a legal entity must be created to hold the easement (such as an unincorporated homeowner's association). If the easement and the legal entity are not created, it is staff's opinion that a legal, adequate source of water has not been accomplished, which are grounds for denial of the application. F. Sewer: Engineered Individual Sewage Disposal Systems (ISDS) are proposed for Page 5of10 • • each lot. The Colorado Department of Health setback standards apply. G. Topography / Soils: The "Torriorthents-Rock outcrop complex, steep" (#67) occupies the majority of the site, while the "Kim Loam, 6-12% slopes" (#41) occupies a very small area of Lot 2. The Torriorthents-Rock complex consists of exposed sandstone and shale bedrock and stony soils. The slope ranges from 15-70%. This soil is used for limited grazing, wildlife habitat, and recreation, and is unsuited for crops. Most of this complex is prime wintering area for deer. Rabbits, coyote, and a few elk also find food and cover on this complex. Community development is limited by the Rock outcrop, steep slopes, and stoniness. These limitations can be overcome by appropriate design and construction. The Kim loam is a deep, well drained, moderately sloping to rolling soil on alluvial fans and benches. It is used mainly for crops, hay, and pasture. Building site development has moderate constraints due to slope, shrink -swell potential, and low strength. The Kim loam presents moderate constraints for septic tank absorption fields due to slope and slow percolation rates. H. Fire Protection: The applicant proposes to make use of local irrigation ditches and adjacent ponds in the event of a fire. The application contains a letter, dated 8/25/00, from Mike Morgan of the RFPD. The RFPD makes the following recommendations: 1. Vegetation should be removed from near any structures in order to provide a safe zone in the event of a wild land fire. 2. When constructing access roadways into the parcels, consideration should be given to the weights and turning radius' of emergency apparatus to permit access during adverse weather conditions. 3. Addresses of the individual properties are to be posted where the driveway intersects the County Road and on the individual residences if shared driveways are used. Letters are to be a minimum of 4 inches in height, '/2 inch in width, and contrast with background colors. 4. As stated in the petition, fire protection water is available from irrigation ditches and ponds. The district would recommend the installation of a dry hydrant in the pond to provide a year-round water supply for fire protection use. Mr. Morgan also requests to be contacted at the time of construction of the structures for final approval of the water supply. A road has been roughed -in already. The applicant indicated during the site visit that the road will not exceed 10% slope. While the grade appears acceptable, it is doubtful that the current roughed -in road could accommodate emergency apparatus Page 6 of 10 • • weights and turning radius' (see fire protection discussion). The application does not discuss any provision for improving the road. As long as the applicant adheres to the recommendations of the RFPD, and includes appropriate plat notes, staff does not have any fire protection concerns with the application. Utilities and Easements: Electric (Public Service) and telephone (U.S. West) are in place in CR 210. Natural gas service and cable t.v. are not available. Any necessary easements (drainage, ditch, access, well maintenance, utilities, etc.) are required to be shown on the exemption plat. J. School Impact Fees: Prior to the approval of the final plat, the applicant will be required to pay the applicable school site acquisition fee, as adopted by the County, for each newly created lot. V. STAFF RECOMMENDED FINDINGS 1. That proper posting and public notice was provided as required for the meeting before the Board of County Commissioners. 2. That the meeting 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 of the Garfield County Subdivision Resolution of 1984 a.a. Section 8:00, Exemption. VI. RECOMMENDATION: Staff recommends APPROVAL of this application with the following conditions: 1. That all representations of the applicant, either within the application or stated at the meeting before the Board of County Commissioners, shall be considered conditions of approval; 2. A Final Exemption Plat shall be submitted, indicating the legal description of the property, dimension, and area of the proposed lots, 25 ft. wide access to a public right-of-way, and any proposed easements for setbacks, drainage, irrigation, access or utilities; Page 7 of 10 • • 3. That the applicant shall have 120 days (until 3/27/01) to present a plat to the Commissioners for signature from the date of conditional approval of the exemption; 4. That the applicant shall submit the applicable School Site Acquisition Fees for the creation of the exemption parcels prior to approval of the exemption plat; 5. That the 1978 Garfield County Zoning Resolution and the Colorado Department of Health standards shall be complied with. 6. Prior to finalization of the plat the applicant shall provide evidence that a dry hydrant has been installed in the pond to provide a year-round water supply for fire protection use. The water supply shall be approved by the Rifle Fire Protection District prior to construction. 7. That the applicant shall obtain and provide to staff, the necessary access easement from the property to CR210, prior to finalization of the exemption plat. The access roadway to the parcels shall be constructed adequately to accommodate the weights and turning radius' of emergency apparatus to permit access during adverse weather conditions. A legal road sharing agreement, which discusses all costs associated with the maintenance of the road, who will be responsible for paying these costs, and how assessments will be made for these costs, shall be filed with the exemption plat. 8. The recommendations of the Road and Bridge Department shall be followed prior to finalization of the exemption plat and on an on-going basis. These recommendations include the following: a) The fence shall be setback a minimum of twenty (20') feet. b) The brush shall be cut and removed for site distance. c) Access shall be limited to one entrance on the county road. d) The applicant shall obtain a driveway permit. 9. Use of a cistern as a source of domestic water shall not be permitted. Use of a legal well shall be acceptable. 10. The applicant shall identify the slopes that exist on the property. If a building envelope smaller than one (1) acre is proposed, the specific provisions of section 5.04.02 of the Zoning Resolution shall be met prior to any finalization of an exemption plat. 11. Foundations and Individual Sewage Disposal Systems shall be engineered by a Professional Registered Engineer within the State of Colorado. 12. Prior to the approval of an exemption plat, the applicant shall provide proof of legal and adequate source of domestic water for each lot created and will demonstrate that all water supplies will meet the following: Page 8 of 10 • • a) That a four (4) hour pump test be performed on the well to be used; b) A well completion report demonstrating the depth of the well, the characteristics of the aquifer and the static water level; c) The results of the four (4) hour pump test indicating the pumping rate in gallons per minute and information showing drawdown and recharge; d) A written opinion of the person conducting the well test that this well should be adequate to supply water to the number of proposed lots; e) An assumption of an average or no less than 3.5 people per dwelling unit, using 100 gallons of water per person, per day; f) If the well is to be shared, a legal well sharing agreement which discusses all easements and costs associated with the operation and maintenance of the system and who will be responsible for paying these costs and how assessments will be made for these costs will be filed with the exemption plat; g) The water quality be tested by an approved testing laboratory and meet State guidelines concerning bacteria, nitrates and suspended solids; h) An off-site legal well agreement which guarantees access to the well for maintenance purposes shall be submitted and the exemption plat shall identify the location of the maintenance easement and off-site well. The easement needs to come into existence prior to the creation of the lots. Also, a legal entity must be created to hold the easement (such as an unincorporated homeowner's association) prior to finalization of the exemption. 13. That the following plat notes shall appear on the Final Exemption Plat: "One (1) dog will be allowed for each residential unit and the dog shall be required to be confined within the owners property boundaries." "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. sew., 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". "All exterior lighting will be the minimum amount necessary and all exterior lighting will be directed inward, towards the interior of the subdivision, except that provisions may be made to allow for safety lighting that goes beyond the property boundaries". "No further divisions by exemption from the rules of Subdivision will be allowed." "Slopes exceeding 25% shall be restricted from development. Areas of disturbance shall be revegetated with appropriate, rapidly established vegetation. Development on moderate slopes (16-24%) shall be designed to fit the contours, without any leveling or benching. Cut and fill areas shall be kept in balance and to a minimum. The existing natural drainage system shall be utilized to the fullest extent possible with disturbance of natural drainage courses minimized. Disturbance of the existing vegetative cover shall be minimized." Page 9 of 10 "Vegetation shall be removed from near any structures in order to provide a safe zone in the event of a wild land fire. When constructing access roadways into the parcels, consideration shall be given to the weights and turning radius' of emergency apparatus to permit access during adverse weather conditions. Addresses of the individual properties shall be posted where the driveway intersects the County Road and on the individual residences if shared driveways are used. Letters shall be a minimum of 4 inches in height, 1/2 inch in width, and contrast with background colors. The Rifle Fire Protection District requests to be contacted at the time of construction of the structures for final approval of the water supply." "Foundations and Individual Sewage Disposal Systems shall be engineered by a Professional Registered Engineer within the State of Colorado." "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. 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." "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." Page l0 of 10 11/20/2000 21:53 b25bb27 Memo • ToKit Lyon — Planning department From Tom Russell Dom: 11/21/00 Res Tamburello North Exemption HUHU AND J:N.L1)(t. PAGE U2 Garfield County Road & Bridge We have reviewed the application for Tamburello North. The following recommendations are as follows: 1. Fence needs to be set back minimum of 20 feet from the edge of the County road. 2. Cut and remove brush for sight distance. 3. Would like to see a maximum of one entrance entering CR 233. 4. Must apply for driveway permit. 5. I would like to request further review on following plans. • Page 1 • . August 14, 2002 John Savage, P.C. 201 Railroad Avenue P.O. Box 1926 Rifle, Colorado 81650-1926 Dear Mr. Savage: Garfield County BUILDING & PLANNING DEPARTMENT On July 9, 2002, the documentation required to complete the Tamburello North Exemption was received by this office. Based on a review of the information submitted and a review of the record, it will be necessary for your client to resubmit an application and go through the Exemption from the Definition of Subdivision process defined in Section 8:00 of the Garfield County Subdivision Regulations of 1984, as amended, before a plat can be signed. This determination is based on the fact, that all of the documentation required for finalizing the exemption and to get a plat signed by the Board of County Commissioners was submitted after the final extension date of 5/11/01. Section 8:33 of the Subdivision Regulations requires the plat be presented to the Board for signature. This section reads as follows: 8:33 A plat of an approved or conditionally approved exemption shall be presented to the Board for signature within 120 days of approval. The plat shall include a legal description of the exempted property, and Exemption Certificate (See Appendix), the County Surveyor's Certificate (See Appendix) and a statement, if four (4) lots, parcels, or interest have been created on the parcel, that "NOTE: No further divisions by exemption from definition will be allowed." The plat shall be recorded with the County Clerk and Recorder no later than thirty (30) days after the Chairman's signature. The Chairman of the Board of County Commissioners shall not sign a plat of a conditionally approved exemption until all conditions of approval have been complied with. As you are aware, the Board has a policy of granting extensions of up to one year from the date of approval for the submittal of a plat to the Board for signature. This plat was not submitted to the Board within any of the above timelines. Therefore, it is necessary to resubmit an application for consideration by the Board. 108 8th Street, Suite 201, Glenwood Springs, Colorado 81601 (970) 945-8212 (970) 285-7972 Fax: (970) 384-3470 • • Please advise your client of the need to submit a new application for review and the need to set a public meeting date for reconsidering the approval of the Exemption from the Definition of Subdivision. If you have any questions about this letter, please call or write to this office. Sincerely, 72,..% Mark L. Bean, Director Building & Planning Department • John Savage From: "John Savage" <savagejw@rof.net> To: "Bean Mark" <mbean@garfield-county.com> Cc: "Tamburello Greg" <tambo@rof.net> Sent: Friday, August 16, 2002 4:00 PM Attach: Petition for Exemption Tamb North 020816.doc Subject: Re: Tamburello North Exemption Dear Mark: Page 1 of 1 I EXHIBIT Thank you for you letter of 8/15/02. I disagree with the conclusion, but acknowledge that my reliance on your staff to request the extension from the County Commissioners was ill placed. Attached is the new application. A signed original and filing fee will be in today's mail. I hope that you can request the Commissioners to set an early review date at next Monday's meeting. John W. Savage 201 Railroad Ave./P.O. Box 1926 Rifle, CO 81650-1926 970-625-1470; fax: 625-0803 savagejw(Wrof.net R AUG G 2UO2 GARFIELD COUNTY BUILDING & PLANNING 8/16/2002 • September 15, 2003 To: Tamara Pregl, Garfield County Building & Planning Dept. From: Rusty Jones -Deputy Garfield County Surveyor Subject: Tamburello North Exemption Plat -Review Dear Tamara: RECEIVED SEP 2 2 2803 GARFIELD COUNTY PLANNING DEPARTMENT 108 8TH STREET #201 GLENW0O0 SPRINGS, CO 81601 Upon review of the Tamburello North Exemption Plat I have prepared a list of comments or corrections to be made to the plat prior to approval for survey content and form. 1) The building envelopes shown on page 1 have not been dimensioned or tied to a lot or boundary line. 2) The title block shows that the property is situated in Range 92 West whereas the property descriptions show the property is situated in Range 93 West. 3) The south boundary line shown on page 1 shows a bearing of S 89°28'13" W whereas the same line on page 2 shows a bearing of S 89°31'43" W. This produces a closure error between the two pages. Therefore the easement ties shown for the two pages cannot be the same. 4) Curve 18 (C-18) shown in the curve table is not consistent with the access and utility easement description shown on page 2. Sincerely, Rusty Jones, ' . .S. Deputy Garfield County Surveyor cc: Scott Aibner-Bookcliff Survey Services Inc. Post -it® Fax Note RUSSELL G. JONES COLORADO PROFESSIONAL LAND SURVEYOR 634 EUCLID AVENUE CARBONDALE, COLORADO 81 623 (970) 704-1918 (970) 948-1443 CELL • • INTEROFFICE MEMORANDUM To: Tamara Pregl, Building and Planning Department From: Scott Aibner — Garfield County Surveyor Subject: Tamburello North Subdivision Exemption Plat - Comment Date: 8/26/03 Dear Tamara, Upon review of the conditions of approval of the above mentioned Tamburello Subdivision Exemption I have added the required note (10A). In addition, I have addressed minor comments from John Savage, Mr. Tamburello's Attorney. I will forward the revised map to the Deputy County Surveyor for further review. Sincerely, Scott Aibner Bookcliff Survey Services, Inc. cc John Savage • • Garfield County Engineering Department To: Garfield County Building & Planning Dept. Attn. Tamara Pregl Date: Tuesday, December 03, 2002 Project: Tamburello North Exemption request Re: Emergency Access road site review Tamara, I have visited the site with the owner/developer Greg Tamburello and the Rifle Fire District chief Mike Morgan to review the road installed for the above-mentioned project. The road appears to be adequately constructed in relation to proper grades and turn radius. The road is not up to minimal standards for year round emergency vehicle access in the roadway structural section category. In other words, the roadway is missing the proper amount of sub -base and base material for traction and longevity in adverse weather conditions. I would recommend a minimum road section consisting of 8 inches of CDOT type class two materials with four inches of CDOT type lass six materials installed over the class two. The material should be compacted to 95% of standard proctor. The end of the roadway needs to have a hammerhead type turn around installed also. Proper construction of this turn around should be recommended by the rifle fire district and approved by the district. The emergency access road will still need to be maintained by the homeowners association in order for emergency vehicles to achieve access to the homes. This includes but is not limited to snow and debris removal. If you have any questions or concems, please do not hesitate to call. Sincerely, Jeff T Nelson Assistant County Engineer C Randy Withee, County Engineer Mike Morgan, Rifle Fire District Chief Page 1 of 1 ,nn nth e+i_ __£ -. ,nn - n, nn nnnn n.c •n -r-1 -... „nn • • Garfield County Engineering Department To: Garfield County Building & Planning Dept. Attn. Kit Lyon Date: Friday, May 18, 2001 Project: Tamburello North Exemption request Re: Adequate potable water supply review Kit, have reviewed the building and planning department comments dated April 11 2001 for the above mentioned project. I have the following comments. 1. Item four: Well Completion Report The well completion report indicates a pumping rate of 0.75 — 2 g.p.m. in the staffs opinion, this is not an adequate pumping rate and there is a concern that the well may fail in the future. Condition #12 (d) and (e) require specific statements which have not been supplied (the Samuelson letter lacks the necessary specificity) the pumping information will be forwarded to the County Engineer for further review. Please be aware that making changes to the original exemption as proposed and approved (i.e., using cisterns to bolster an otherwise inadequate water supply) will require re -noticing and a new public meeting. The water quality evidence appears adequate. Engineering Dept. Comments: Well number 231204 installed and tested by Raun Samuelson of Samuelson pumps appears to be susceptible to failure in the near future. It appears the supply of water where the well is located is inadequate. It is my recommendation to yield test the well again with the following criteria: (a) A duration of seventy-two hours. (b) The test should be performed during the time of year when no irrigation is taking place. I would recommend January or at the latest February. If the well produces adequately during this test it will give assurance but not guarantee the well will adequately produce for future needs. If you have any questions or concerns, please do not hesitate to call. Sincerely, Jeff T Nelson Assistant County Engineer C Randy Withee, County Engineer Mark Bean, Planning Director Page 1 of 1 • • Garfield County Engineering Department To: Garfield County Building & Planning Dept. Attn. Kit Lyon Date: Friday, March 23, 2001 Project: Tamburello Subdivision Re: Sketch Plan review application review, dated September 12, 2000 Kit, I have reviewed the above mentioned application submittal and have the following comments. 1. General application comments: 1.1. Please have only the first table of contents showing entire application. Currently the application has more than one table of content. 1.2. Water permit copies are missing. Water augmentation plan adds up to eleven units. Subdivision states there will be 24 units. 1.3. Plat note needs to be added stating refer to case number?? for water rights information related to all lots. 1.4. Well sharing agreement needs to be provided. 2. Sketch Plan drawing: 2.1. Add the street name below the County Rd No. 210 label. I.e. Mill Pond Road 2.2. Delineate all existing and proposed information. All plat information should be labeled with existing and proposed. 2.3. Label all right of ways accordingly. 2.4. Acid parcel number or plat book and page to all property owner parcel labels. 2.5. Should the lower cactus valley ditch easement be labeled as existing and referencing a plat book and page? Has this easement been established previously? 2.6. Show all legal ties to the permitted water appurtenances. I.e. the tie from the quarter section to the Tamburello Spring. 2.7. Easements should be adjusted at the preliminary plan submittal to include all earthworks necessary to establish roadways. 3. Table of Contents 3.1. Tab 3; Supplemental Information 3.1.1. Exhibit B1 and B2 appear to be the same information. Please explain. 4. Tab 2 4.1. Item F; Sheet 2 of 3 4.1.1. All of the information in this paragraph needs to be delineated on the sketch plan drawing. On the drawing the information should be labeled existing or proposed as applicable. 4.2. Item G; sheet 2 of 3 4.2.1. Show all buffering or screening zones on the sketch plan drawing. Delineate with linework at the limits of the zones. 5. Tab 3 5.1. Item A; sheet 1 of 2 5.1.1. The calculations for decreed water rights are incorrect in respect to 0.033CFS equaling 16.5GPM. The correct flow rate is 14GPM. Please revise this item throughout the application and all associated items. 5.1.2. At the preliminary plan submittal there should be a water supply study approved by an engineer in the state of Colorado. This study should show the proposed long-term performance estimate for the spring water supply system. 5.2. Item B; sheet 1 of 2 5.2.1. The ISDS designer should pay special attention to the soils reports you have provided. 5.3. item E; sheet 1 of 2 Page 1 of 2 ,nn nth ria-_-. _..:a_ Ann r.r. njcn. Henn n.r 4.1-7.7 _..S 44 nn • • • Page 2 November 7, 2002 5.3.1. A letter from a licensed soils testing agency shall be provided with preliminary plan application confirming this statement. 5.4. Item G; sheet 2 of 2 5.4.1. Provide a copy of intent to serve letters from all applicable utility companies. 6. Exhibit A; waters rights case 94 cw 145 7. Exhibit B1; soil survey of rifle area Colorado 7.1. Soil type 29 requires special precautions should be taken when designing the ISDS. If you have any questions or concems, please do not hesitate to call. Sincerely, Jeff T Nelson Assistant County Engineer C Randy Withee, County Engineer Mark Bean, Planning Director Page 2of2 .4 rte. nth nom___. _..:._ nnn _ ri__..._ _.4 r.__:___ est, nn Inn n,In nne 4n -i+ _... 4 nn 10/29/2002 02:47 6256627 • ROAD AND BRIDGE PAGE 02 PIZ- Garfield Coun Application Daft: 03/2302 Termination Date04/1/,1 District: 2 • ADDlicbtion for Driveway Permit Pernik Nather:32 Perraitee: Greg TarrrbareIJo Corwty Raaf Number: CR 210Inspec tor: Kraig %wberry sus.CowbttcWr: Gas Tambsrello hereby requests permission and authority from the Board of County Commissioners to construct a driveway approach (es) on the right-of-way of of County Road CR 219, adjacent to Applicant's property located on the north side of road for the purpose of obtaining aoceas to property. Applicant submits herewith for the consideration and approval of the Board of County Commissioners, a sketch of the proposed installation showing all the necessary specification detail including: 1. Frontage of lot along mad. 2. Distance from centerline of road to property line. 3. Number of driveways requested 4. Width of proposed driveways and angle of approach. 5. Distance from driveway to road intasection, deny. 6. Size and shape of area separating driveways if more than one approach. 7. Setback distance of building(s) and other structure improvements. 8. No unloading of equipment on county road, any damage caused to county road will be repaired at subdivision expense. 9. Responsible for two years from the date of completion. General Previsions 1) The applicant represents all parties in interest, and affirms that the driveway approach(es) is to be constructed by him for the bona fide purpose of securing access to his property and not for the purpose of doing business or servicing vehicles on the road right of way. 2) The applicant shall furnish all labor and materials, perform all work, and pay all costs in connection with the construction of the driveway(s). All work shall be completed within thirty (30) days of the permit date. 3) The type of construction shall be as designated and/or approved by the Board of County Commissioners or their representive, and all materials used shall be of satisfactory quality and subject to inspection and approval of the Board of County Corumissioners or their representive. 4) The traveling public shall be protected during the installation with proper warning signs and signals and the Board of County Commissioners and their duly appointed agents and employee shall be held harmless against any action for personal injury or property damage sustained by any reason of the exercise of the Permit. 5) The Applicant shall assume responsibility far the removal or clearance of snow, ice, or sleet upon any portion of the driveway approach(os) even though deposited on the driveway(s) in the course of the County snow removal operations. 10/29/2002 02:47 6253627 • ROAD AND BRIDGE PAGE 03 • 6) in the event it becomes necessary to remove any right-of-way fence, the posts on either side of the entrance shall be surely braced before the fence is cut to prevent any slacking of the remaining fence, and all posts and wire removed shall be turned over to the District Road Supervisor of the Board of County Commissioners. 7) No revisions or additions shall be made to the driveway(%) or its appurtenances on the right-of-way without written permission of the Board of County CoauuIaaimers. 8) Provisions and specifications outlined herein shall apply on all roads under the jurisdiction of the Board of County Commissioners of Garfield County, Colorado, and the Specifications, set forth on the attached hereof and incorporated herein as conditions hereof tiRecial Condition: 1. 30' aS' culvert 2. Widen entrance to min of 30' 3. Gravel back 50' from roadway 4. PM bill back fbr sight vkatbility S. Responsible far own lodes and all repairs 6. Responsible fbr 2yrs after date of completion In signing this application and upon receiving authorization and permission to install the driveway approach (ea) described herein the Applicant signifies that he bas read, understands and accepts the foregoing provisions and conditions and agrees to co ' � the , 'veway(s) in accordance with the accompanying specification plan reviewed and approved by the Board of County Commissioners. Signed: Address: Telephone Number: Permit granted 03/23/02, subject to the provisions, specifications and conditions stipulated herein. For Board of County Commissioners' of Garfield County, Colorado: Representative of Garfield ou tfi y Rooand Bridge Signature 10/29/2002 02:47 6258627 • ROAD AND BRIDGE • Special Provisions for Excavation of Road Surface and Installation PAGE 04 1) Any oversized material, (larger than 10 inches in diameter), that is not utilized in backfill will be hauled off by permitee. Further, any frozen material will be removed from site by permittee. 2) When a paved or chipped surface is cut, it i4 to be replaced with a minimum three-inch (3") hot mix asphalt parch. Temporary patch with cold mix asphah would be allowed, which would be replaced with hot mix asphalt when the weather or availability of materials allow the work to be completed. An require the road to be straight cut and squaredmeans p asphalt or chipped surface cut would require a seal coat of the p� which will be full width err half width of roadwaof a pavement cutter orywhen trenches nm with the willw. A chipped surface cut road. For trenches across the road, the edges of the seal coat will overlap the existing edge. All seal coats will overlap edges by a two of the roadway in the vicinity of the excavation. Asphalt hot mix or cold patches will be completed in a maximum of five (3) working Days. Weather permitting. 3) When possible all installations should avoid tbo top edge of a fill slope. 4) Installations in drainages subject to flash flooding will have a minimum bury of 4 feet deeper than normal flow line at nearest abutment, wing wall, or culvert. 5) Installations at culvert crossings will be buried beneath the culvert with a minimum; separation of 18 inches between installation and the bottom of the culvert. 6) Open trenches adjacent to the traveled roadway shall be backfilled daily to within 100 feet of the working area of the trench, and shall be barricaded with warning devices after dark. A 3 foot high orange plastic fence will be installed daily to keep livestock out of the open trench after hours. 7) In areas being disturbed where vegetation is established, reseeding with a mixture either by broadcasting, drilling and mulching with seed mixtures suitable to the climatic conditions or existing vegetation will be performed. Use only certified weed -free seed. Noxious weed control will be ongoing along with revegetation. 8) The permittee should check the R -O -W of sutrotmding landowners to see if other permits are required, i.e., BLM, Forest Service. rr7 j Representative fo jarfIeW Cou and Bridge Greg Tamburello ti 10/29/2002 02:47 6258627 ROAD AND BRIDGE PAGE 05 • Specifications 1. A driveway approach is understood to be that portion of the county road right -of way between the pavement edge and the property line that is designed and used for the interchange of traffic between the roadway and abutting property - 2. M any intersection, a driveway shall be restricted for a sufficient distance from the intersection to preserve the normal and safe movement of traffic. (It is recommended for rural residence entrances that a minimum intersection clearance of 50 feet be provided and for rural commercial entrances a minimum of 100 feet be provided) 3. All entrances and exits shall be so located and constricted that vehicles approaching or using them will be able to obtain adequate sight distance in both directions along the county road in order to maneuver safely and without interfering with county road traffic. 4. The Applicant shall not be permitted to erect any sign or display material, either fixed or movable, on or extending over any portion of the county road right-of-way. 5. Generally, no more than one approach shall be allowed any parcel or property the frontage of which is leas than one hundred (100) feet. Additional entrances or exits for parcels having a frontage in excess of one hundred 100) feet shall be permitted only after showing of actual convenience and necessity. 6. All driveways shall be so located that the flared portion adjacent to the traveled way will not encroach upon adjoining property. 7. No commercial driveway shall have a width greater than thirty (30) feet measured at right angles to the centerline of the driveway except as increased by permissible radii. No noncommercial driveway shall have a width greater than twenty (20) feet measured at right angles to the centerline of the driveway, except as increased by permissible radii. 8. The axis of an approach to the road may be at a right angle to the centerline of the county road and of any angle between ninety (90) degrees and sixty (60) degrees but shall not be less than sixty (60) degrees. Adjustment will be trade according to the type of traffic to be served and other physical conditions. 9- The construction of parking or servicing areas on the county road right-of-way is specifically prohibited. Commercial establishments for customer vehicles should provide off -the -road parking facilities. 10. The grade of entrance and exit shall slope downward and away from the road surface at the same rate as the normal shoulder slope and for a distance equal to the width of the shoulder but in no casc less than twenty (20) feet from the pavement edge. Approach grades are restricted to not more than ten percent (10%). 11. All driveways and approaches shall be so constructed that they shall not interfere with the drainage system of the street or county road. The Applicant will be required to provide, at his own expense, drainage structures at entrances and exits, which will become an integral pan of the existing drainage system. The Board of County Commissioners or their representative, prior to installation, must approve the dimensions of all drainage structures. Note: This permit shall be made available at the nice where and when work is being done. A work skate\ or drawing of the proposed driveway(s) meat sccompaay applicatioa. No permit win be lased wltbolt drawing, bhaeprlat, or sketch. • RIFLE FIRE PROTECTION DISTRICT April 25, 2001 Greg Tamburello 1743 County Road 210 Rifle, Colorado 81650 Reference: Dry Hydrant Mr. Tamburello, EXHIBIT c r ,I, ,� The Rifle Fire Protection District has inspected your installation of the Dry Hydrant for fire protection use in your subdivision. The methods and materials of installation are acceptable and the District thanks you for your cooperation. As we had discussed, once the area has been cleared for fire truck access the District will do the final acceptance inspection. The District is content with your efforts and will conduct this inspection in the later phases of the project. Thank you again for your assistance and feel free to contact me if you have any additional questions. Sincerely, Mike Morgan District Chief Telephone (970) 625-1243 • Fax (970) 625-2963 1850 Railroad Avenue • P.O. Box 1133 • Rifle, Colorado 81650 • • JOHN W. SAVAGE, P.C. Attorney at Law Garfield County Planning Department 109 8th St. Room 303 Glenwood Springs, CO 81601 201 Railroad Ave. P.O. Box 1926 Rifle, CO 81650-1926 970-625-1470; fax: 625-0803 email: SavageJW@rof.net Re: Tamburello North Exemption Dear Sirs: Enclosed are the following documents to complete this Exemption: Colorado River Engineering, Inc. Water Supply Report Well Sharing Declaration (revised) Easement Declaration (revised) Exemption Plat (pending) RECETVED JUL Oci 2002 GARFIELD COUNTY BUILDING & PLgNNING EXHIBIT The Tamburello North Exemption was given preliminary approval by the BOCC on 11/27/00. Several extensions were granted in the Spring of 2001 due to well drilling delays. Final requirements were submitted to Kitt Lyon on 4/26/2001 and responded to by her on 5/11/2001 (note letter is dated April in error), as follows: 1. Extension for Final Plat: We have assumed that the BOCC approval has been extended per Kitt's letter. Driveway approval: Applicant reviewed construction with Craig Kuberry of Garfield County Road and Bridge. He approved the driveway circa 5/23/2001 and said he would so inform Kitt. 3. Easement Declaration and Well Sharing Declaration were submitted timely, however we have never received any comment from the County Attorney's office. 4. Well information: Consultation between the Assistant County Engineer, Jeff Nelson and Applicant's Engineer, Chris Manera, resulted in a recommendation for winter testing of the well before approval. This was done in late 2001 and the results were not encouraging, see Colorado River Engineering Report. After those results were received, Applicant drilled an additional well to the south of the Exemption Parcel. That well was completed this spring and its test results are included in the enclosed Colorado river Engineering Report. 5. Access Road Construction. Applicant met with Mr. Nelson in mid May of 2001 and was advised that the road as then constructed met the approval requirements. C:\CLIENTS\Tamburello\lamb North Exemption\ltr 020708 County re Exemption approval.doc 4 • • Letter, John Savage to Garfield County Planning Department 7/7/02; Page 2 of 2; Final Plat: To be completed once County Attorney has approved the Easement Declaration. Please advise if these submittals complete the requirements for this Application. Once these documents are accepted, we will submit the Final Plat for approval by the Commissioners. xc: Greg and Ann Tamburello w/encl. COLORA• \� RIVER ENGINEERING, INC. 1 1 IBIT P.O. Box 1301 Rifle, CO 81650 Tel 970-625-4933 Fax 970-625-4564 May 9, 2002 Mr. John W. Savage, P.C. Attorney at Law PO Box 1926 Rifle, CO. 81650 RE: Tamburello North Exemption - Water Supply Dear John: MAY 9 2002 Colorado River Engineering, Inc. has completed a water supply review for the proposed Tamburello North Exemption. The 39.83 -acre parcel is located in the SE/4 of the NE/4 Section 2, Township 6 South, Range 93 West, of the 6th P.M. The parcel is to be divided into three tracts of about 20.7 -acres, 9.2 -acres, and 9.9 -acres. Tamburello also owns an adjacent ±80 -acre parcel to the south as illustrated on the attached Figure 1. The properties are comprised of both irrigated hay fields under the Lower Cactus Valley Ditch and mesa outcrops along the eastern boundary of Graham Mesa. Access is from County Rd 210 (Mile Pond Road). Tract 1 of the Tamburello North Exemption will be supplied with water from an existing exempt well located on the tract. Tracts 2 & 3 will be supplied with water pumped from an existing exempt well located on the 80 -acre Tamburello parcel to the south of the exemption. This well is also available for future use in the existing Tamburello home that is currently receiving its water supply from a spring located in Green Draw. The following Appendices summarizes well permits, construction logs, pump test data, and water quality information for each well: Appendix A — Exempt Permit 231204; Supply to Tract 1 Appendix B — Exempt Permit 231203; Supply to Tract 2 & Tract 3 Conclusion and Recommendations Each well is capable of supplying the water demands equal to 350 gallons per day per residence. Water quality for each well showed no detection for bacteria and is within Health Department guidelines for nitrates and nitrites. Total suspended solids (TSS) exceed recommended limits but are representative of water quality for this area of the County. TSS is a non -enforceable Health Department secondary standard and does not pose a health risk. TSS affects aesthetics (taste) and is an indicator of water "hardness" and salt content. It should be noted that the water supply does not classify as a public water system and will not be regulated by the Health Department. Water quality monitoring and safety will be the sole responsibility of the well users. 1 • • The proper well sharing agreement and easements should be developed for the shared well. The Plat should allow for an easement for the water line in the roads. A plat note should be provided indicating that individual water tanks and booster pumps will be the responsibility of each lot owner. Please call if you have any questions, (970) 625-4933. Sincerely, Gi CM: cm Encl 0:\CREjobfiles\506-Tamburello\savage4. doc Christopher Manera, P.E. 2 N s TWP 6th South Rng 93 West Garfield County, Colorado 500 0 IN= IMII 500 1000 1500 PO Box 1301 COLORADO Rifle, CO 81650 RIVER Tel 970-625-4933 ENGINEERING Fax 970-625-4564 Civil Engineering a Water Rights, Augmentation Plans & Groundwater, Well Permitting &Hydrology, Food Plain Analysis •Canals, Pipelines, Dams General Location Map Well Locations Tamburello North Exemption FIGURE NO. File Name: 506/property Job No: 9805 Drawn by: CM I Aprvd by: CM Date: 5/9/02 File # • • Appendix A TRACT 1 — EXEMPT WELL Permit No. 231204 • • TRACT 1— EXEMPT WELL Permit No. 231204 The well located on Tract 1 is registered with the Colorado Division of Water Resources as exempt, Permit No. 231204. The well permit, construction log, and pump installation report are attached. The exempt well is limited to a maximum pumping rate of 15 gallons per minute (gpm) and uses for fire protection, ordinary household purposes inside three dwelling units, the irrigation of up to 1 -acre, and the watering of domestic animals. The well was constructed on March 7, 2001 by Groundwater Development, Inc. The well was drilled through sandstone materials of the Wasatch formation to a total depth of 385 -feet. The static water level (as measured during the pump test) was at a depth of 299 -feet below the top of the well casing. The available drawdown at the time of drilling was approximately 86 feet (385'-299'). A pump has been installed in the well by Samuelson Pumping Company. The attached report shows a 230 -volt 5 -gallon per minute (gpm) sta-rite pump. On March 8, 2001 Samuelson performed a four-hour pump test on the well. Attached is a summary of the pump test results, including a graph of the Drawdown/Recovery Curve. The pumping rate was initially started at 6- gpm but was reduced during the test to 0.75-gpm after rapid drawdown in the well occurred. The 0.75-gpm pumping rate was maintained at the pump intake drawdown level of 380 -feet for approximately 1 -hour. Within one hour after cessation of the pump test, the water level in the well rose approximately 32.5 -feet to the drawdown depth of 48.5'. The results of the pump test indicate that the well yield was approximately 0.75-gpm. However, this yield requires pumping the water level to the pump intake elevation. It is our opinion that the well could yield approximately 0.4- gpm on a continuous basis without drawing the water level down to the pump intake and risking future damage to the pump. Results of the recovery test indicate that the well was recharging and not permanently "mining" water from the underlying aquifer. The source of water to the aquifer is believed to be from precipitation and irrigation deep percolation originating from Graham Mesa. The pump test was completed during the period of the year when water levels and well yields are typically at there lowest. Subsequent water level measurements show recharge has occurred as summarized below. Date Depth to Water Orig test 3/8/2001 299' 6/3/01 269'-0" 4/20/02 182'-3" Four additional drawdown tests were completed in April and May of 2002. These tests indicate that the well consistently recharged to a drawdown depth of about 312' following periods when the well had been pumped in excess of 350 gallons. Results of the water quality analysis performed by Grand Junction Laboratories are presented below: • Nitrate 1.52 mg/1 A- 1 • • • Nitrite 0.00 mg/1 • Dissolved Solids 1440 mg/1 • Total Coliform Bacteria zero The water quality tests for bacteria, and nitrates/nitrites meet the Colorado Department of Health guidelines. The total dissolved solids are above the 500-mg/1 recommended level. Dissolved solids are a secondary standard established by the health department and reflect aesthetic qualities of the water supply. The dissolved solids do not pose any health risks and the amount detected is representative of other groundwater supplies derived from the Wasatch formation. Water quality from this formation typically has a high level of hardness and salts that could result in staining of water fixtures and limit irrigation use to salt tolerant plants. Summary The well is proposed to serve one residence with an estimated in-house water demand of 350 gallons per day. The demand is equivalent to a continuous demand of 0.25-gpm. The well yield is sufficient to meet the in-house water demands. The permit allows for the irrigation of up to 1 -acre. The well does not have sufficient yield to meet the entire irrigation limits. A plat note should indicate that a limited supply of irrigation water is available from the well. Also, in-house water demands typically exceed the 5-gpm pump currently installed in the well. Disclosure should be provided to the future lot purchaser that the water system could require installation of storage/booster pump system. A-2 08/28/01 15:17 FAX • Form No, OFFICE OF THE STATE ENGINEER GWS -25 APPLICANT • COLORADO DIVISION OF WATER RESOURCES P18 Centennial Bldg.. 1313 Sherman St„ Denver, Colorado 80243 (303) see -3581 GREG TAMBURELLO 1743 COUNTY ROAD 210 RIFLE, CO 81650- (970) 625-3527 PERMIT TO CONSTRUCT A WELL 1 VN X102 RS QQP\ WELL PERMIT NUMBER 231204 DIV. 5 WD39 DES. BASIN MD APPROVED WELL LOCATION GARFIELD COUNTY SE 1/4 NE 1/4 Section 2 Township 6 S Range 93 W Sixth P.M. DISTANCES FROM SECTION LINES 2294 Ft. from North Section Line 955 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 assure the applicant 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 hes 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)(II)(A) as the only well on a tract of land of 40 acres described as the SE 1/4, NE 1/4, Sec, 2, Twp. 6 South, Rng, 93 West, 8th RM., Garfield County. 4) 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. 5) The maximum pumping rate of this well shall not exceed 15 GPM. 6) 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 re:urr.ad to tna same stream system in which the well is located. 7) This wail shail be Constructed not more than 200 fea=t from the location specified on this permit. 8) Monitoring hole notice MH -37804 and MN -38187, were acknowledged for construction of a monitoring and observation hole For this applicant, in this 114, 1/4, on 02/25/2000 and 04/262000. NOTE: Parcel Identification Number (PIN): 23-2177-021-00-271 / NOTE: Assessor Tax Schedule Number: 210706 APPROVED DMW .,Receipt No. 9500412 State Engineer DATE ISSUELFEB 0 6 2 e EXPIRATION DATEB 0 6 2003, 9 08/28/01 15:17 FAX FROM 1RBLND WATER DEUELDP rm. *a GWL1l Ian. FAX NO. : 9702490955 • 003 Apr. 04 2001 04:01PM P1/1 WELL CONSTRUCTION AND TEST REPORT STATE OF COLORADO. OFFICE OF THE STATE ENGINEER WELL POWAY NUMBER O a MA Wing AdamsMinns (9-20) Zc S Cv4 DISTANCES FROM WC. LINES: 422 ft. from Esc. hne area SON: "' ... .. "'a',. STREET MO LOCj17ON - 2./ (1) For OIVOe LIN enty _LEL114, Sec. Z Twp. ( S Row 1pe:__a `75-S IL from -. Sec, kne. OA LOT BLOCK_ F UKINNITy 4. GROUND $UM PACE ELINATION - - - ft. DRILLING METFIOD DATE comPLEterk 5 GEGL.oac Loa: ;mg, Dnrt.yllet► M mama' rye, . atom Color, Mew Logatipn) 1) --fp TOTAL DEPTFI S R Dorr f COMPLE - c 5- 75`-- /ate S. 1. HOL.E.IMAAM, On.) FrOm 12-o._)co ki 55 '- ss 7. PLAIN CASING ODS tend WWI Size ��M Cala semi,SiO4 Sfts' » -"Jl.'tpaluasmir`- '- — mb 8. FILTER PACK: , M a1 5;4. .cam- 5 QA1p? Size g — -z 10. GRO.TTP4G RECORD: Mitral Amount ea Amt. Used 2 a DEA 0 CP.dc be c if Test Data is m ad on Ftxm No, DWS 39 Suppiernerttal Well Tut FrOmn To(Tt 3L2$ rYr.e�� —yeti PACKER PLACEMENT: Tye r)/•4 DOM ir1toevaJ Ptec rrint ,1P_ T?'QLdt Ie SMOG Lail ?t. Diaeirlins rttaasazid Pumping level GstatTime Partturtts 3 tStesiOn Te )_ R . Tis!elt Mr1n�th a4 3. 1 Aim reef the atelamariaa .*ala hnwein &Pull kM.r 01 •*m*nu 11+srael. anal tA.: k.q aro trios to .rry rr 'dp •. (PIJMillett 10 A 84.4-1O4 (13) C-01.111_. raft alien ii q t l4k*• staearnwds Now, e.h laise. Pm•Su.Y k+ 1M •.od•d •••••• and and k, nwrish._ . Wer CONTRACTOR 1 OR ^ r A i _r psi: .. c phone (4 70_ z yL~ �1� No. l0 9 . Nemerrels (0 )4 A vrr Friel; ic4 / (FSI Dale /.i1 6l%0( ,4/2001 20:00 9706238 .irap--O4-01 o4:3SP MOUTAIN ELE11 PUMP INSTALLATION AND TEST REPORT STATE OF COLORADO, OFFICE OF THE STATE ENGINEER WELL PERMIT NUMBER 2 OWNER NAME(S) f�� 1Ar,�✓j ��vf )l am _ Y I • � �wflY�Y Maalinq Address "' 4 ,; C i y City, St. Zip .,�F r. S'v l �,,•��, V 1 YY.i� Phone (9 12 ) (, '.!i; . '3 ;�'; p PAGE 01 P•01 For OWco lh• only 3. L LQCATIQn1AS_DRILLED: T,e: 1/4!V X114, See, :.... Twp. ( _, Range_„ 3 3 ._ G DISTANCES FROM SEC. UNES: 7-714 ft. from invi' > i+ Sec. line. and ft, fromr_ SOC, line. SUB (VIS ON: LOT BLOCK,,Y• FIUN3(UNIT) STREET ADDRESS AT WELL LOCATION: 4, PUMP DATA; Type -5' i,.ni2 1. K.-) „8 C _ Installation CRMOlgt,d / t? ! Purnp Manufacturer 7-,;.,-. tT Pump Ma:at No. , •ti,<Tr-rL114 Design GPM_____a_ it PPM Yq 'V.). , HP gr , Vohs 2 30V , Fun LoeO Amps 1.c Pump Intake Depths_ �_ Feet, Drop/Column Pips Size ( " Inches, Kind _)ega,. i.,62 f*✓r�• !TIN t F•;M GAEATI Ft THAT 5.0 QPM: TURBINE DRIVER TYPE: Electric ■ Engin 0 other ----- DUIgn Head feet, Number of Steges Shah size inches ice, I • YYYYYYYY/�rr�f S. OTHER EQUIPMENT: r� Airline installed 0 Yes ED No, Orifice Depth ft. �. Moor Tube Installed 0 Yes No, Depth ft.,�,,, Flow Bets,' Mfg. Meter Serial No. Meter Readout 0 Gallons, 0 Thousand Gallons, Acre feet, 0 Se - innin a Fieadin G i1 T • AYR: 0 Check box if Test data is submitted on Supplemental Form, Due 3t 11°) Total 'ell Depth W - - 3�'-i ---, Tyre ""� `~-- $tstic ravel L9 ' ws " Rsrte (QPM) ()n + Co l�lh pato Moast o i. Pumping Lvl. PLINfi' ,• r' ^u 7, DISIN ECTIQN: Type Amt. Used ,1"),, GAL. 8. Water Quality anatysIs avatlabts. 0 Yea No 9. Remaiks ICI. I have reed the statements made twin and know the contents thereof, and that they are true to my knOwled VO [Pursuant to Section 24-4-104 (13)(a) C,R.S., tris making at false statements herein t~orlatitit.s perjury in the iaCOn degree and Is punishable u a olass 1 misdemeanor.) CONTRACTOR Mailing Atltltevi ,... • Nernerrna (Please type or print) - - cAv^i 5A M VEZ-50N F; • 1 Phone ('7O)( -63o (/70)341-63en Uc. No. /ped . 1 Date TA E 0 • • Notes C o CL E pump intake 380' 1 0 eL E LT a� CO CO CO Co ,x 5.14 v• 1.5 0.75 O 0.75 Total Time (hrs:min:sec) 0 0 O O O 0:05:00 0 0 O , - O 0 O r- O 0:20:00 0:30:00 0 0 N ,7' O 0:55:00 1:00:00 0 0 O () , 2:35:00 2:55:00 3:00:00 0 0 O N CO 0 0 O CO 0 0 O N et 4:20:00 0 0 u7 N V 0 0 O CO -t 0 0 iii CO V 0 0 O 71' d' 4:45:00 4:50:00 0 0 O 0 0 0 O 0 0 0 O N L6 Total Drawdown (feet) 0.00 3.67 O O Co CNN- O f` 10.58 14.13 17.00 20.00 21.42 27.00 N CO CO .- 0 O — CO 0 O — CO 0 O 81.00 81.00 CO 0 C7 I-- h- (fl O CO CO CO CO 65.67 CO CO ('7 Co 60.75 CO CO LO I CO CO LO 0 In `I- Water Level C O CO O N- r --O O in O co Co O O O O O e- Co co '1- O) O 7.5 1 Co y^, a) a) 0) 0) N CV 0 Co 305 306', 309 CO CO CO - Cr) 0) CO 3201 326 N- CO CO 370 O CO CO 380 O CO CO 0 Co CO 380 N I` CO 0) CO CO 367 '7t CO CO N Co co 359 354 0 L co 347 E R 12:00 PM 12:05 PM 12:10 PM 12:15 PM 12:20 PM 12:30 PM 12:42 PM 12:55 PM 1:00 PM 1:30 PM 2:35 PM 2:55 PM 3:00 PM 3:20 PM 3:40 PM 4:20 PM 4:20 PM 4:25 PM 4:30 PM 4:35 PM 4:40 PM 4:45 PM 4:50 PM 5:00 PM 5:10 PM 5:20 PM a) E H O to0 10 N 0 Cr) (NI �t Lc) 1(? O CO O Cn 175 R 200 220 260 O 0 c- CO r- 0 N (0 N 30 40 50 O CO cLS 0 8 -Mar -01 f8 -Mar -01 O L (� 2 8 -Mar -01 8 -Mar -01 8 -Mar -01 8 -Mar -01 8 -Mar -01 1 8 -Mar -01 8 -Mar -01 8 -Mar -01 8 -Mar -01 8 -Mar -01 8 -Mar -01 8 -Mar -01 O L (B 22 1 06 8 -Mar -01 1 8 -Mar -01 1 8 -Mar -01 L 8 -Mar -01 O L (U 1 Co 8 -Mar -01 1 8 -Mar -01 8 -Mar -01 1 8 -Mar -01 1 8 -Mar -01 pumptest1.xis Colorado River Engineering, Inc. 0) N G) U a) O U 0 N O Z' en al L E 0- O z a) 0 E 1- 0 O cp co O O O O O O • • O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O N co 4 10 O Co a) pal - umopmeJ 08/28/01 15:17 FAX • GA JOHN C. KEPHART & CO. o JUNDT0N LA 0 • ATM U07 435 NORTH Avenue ♦ PHONE: (970) 247-7618 ♦ FAX (970) 243-723$ • GRANO JUNCTION. COIORAPo 81501 Received from: -- ANALYTICAL REPORT -- Greg Tamburel10 Greg 1743 County Rd. 210 Rifle, CO 131654 970-945-8462 FAX Samuelson Pump Co_ PO Box 297 Glenwood Springs, CO 81602 6265 water Customer No. Laboratory No. Sample 4 / 5 / 01 4 / 201 01 Date Received Date Reported GJ Lab No.: PWSID#: County: Date: Sys. Name: Sys. Add.: Contact: Collet. by: (X) Tr(=atmt : Source: Location: Gar -Field 4 / 5 /01 7 AM Greg Tamborello 174Z: County Rd. 210 Greg Ray Raw X Chlorinated no Other Private Well 1743 Co. Rd. 210 Total Coliform Bacteria 0 colonies/100m1 sample (none detected) Tested 4/5/01 method SM 922B, membrane filter method. Lab Dir.: Brian S. Bader 08/28/01 15:17 FAX • JOHN C. KEPHART & CO. GRA11I1 JUNCTION LA •- MIR g 435 Mown' AlfEMu[ 10701 242-70115 ♦ VAX: (970) 469 7215 • 01oaw0 .1.xrdcvs004, CoLO#A00 111501 Received from: Greg Tamborel10 — ANALYTICAL REPORT — 1743 County Rd. 210 Ri f 11g, CO 81650 970 379--0&73 PAX t970)425 -293G C�slodst/ Na. 6:97 water Laboratory No. Sample Dale l ereived 4/24/01 Due Reported G3 Lab No.: 6297 Water sample Total Dissolved Solids 1440 mg./1 Tested 4/25/01, EPA method 160.1. 00 Z1O8 4/25/01 Lab Dir.: Brian S. Dauer �(ItVI•it b r;� 08/28/01 15:17 FAX_ • • Colorado partrnent of Public Haaith and EnvL .MOW Compliance Monitoring & Data Management Unit REPORTING FORM FOR NITRAT IITFies NITRODEN ANALYSES SAMPLER: PLEASE FILL OUT ONE FORM - FOR EACH INDIVIDUAL SOURCEIPLANT.or COMPOSITE SET YES 1 1 or NO [ 1 THESE RESULTS ARE TO BE USED TO FULFILL STATE SAMPUNG REQUIREMENTS 1NS?RUMONS1DRFINZIONS ON BACK OF FORM ***s PWSID S - COUNTY" G DATE COLLECTED: SYSTEM/ESTABLISHMENT NAME GP -6G Tit ozz.' SYSTEM ADDRESS. � f3 -)24:2)0 f=c t; �'/ 6 5d OTv ITATI 2e► CONTACT PERSON. C'Q -_ _ PHONE: / 1-20 1 3-2q—'96/2 SAMPLE CQLLECTED BY: TIME COU.ECFED• 11 oo . 1 WATER TYPE: RAW ce.ammo. « wow rom-i td or CHLORINATED r J or OTHER TREATMENT [ SOURCECO: LOCATIONS): - Addrext 174' 2 - SAMPLE POJJY7YS1.• 0105 pry[ ala= oll owm .D0 SAMPLES N® TO BE COMPOSTED RY L1RQRA • RX 7 YES [ l or NOP4 For bt of Ally 8ilaw This Lvu LABORATORY SAMPLE 1 _ �_ CLIENT NAME or IDI LABORATORY NAME Grand Jct _ Lab oratori es LAB PHONE $ i 9701 242-7618 3 / 14/ 01 see below DATE RECEIVED IN LABORATORY . • _ • DATE ANALYZED COMMENTS: . Method -From "Annual Book of ASTM Standards." ImoA) lmgJ U EPA begin Date =LAMER FtCSui T MC, O Lab_MOI An al yz ed NITRATEJ{�l[TRITE-N 1.52 10.0 D3e6790B 0.01 1/20101 NfSRA"1 -N 1.52 - 10.0 D3867901;0.01 /20/O1 Nl1RfTE+N u. U0 1.0 D386790E 0777--- /14/O! oDL bidcat , that the compound use analyzed for, but was below the Lab MSL NT • Not Tested for compound marl - Mitograme per Liter MCL + Maxamuet Canurnirunt Level Lab MDL to Laboratory Method Detection Limit H w Hokin. Twee has been exceeded Reviewed & Approved by Director, Grand Jct. Lab / 23/ 01 Title Data WM. RESULTS TO Cdordo Dersaronent of Public heath end ErrvMrwwnsnt. WQCIYCMDUA.B2. 4300 Chem, Croak Drive Utah. Danwr. CO 1102443-1630 Rsni..4 12197 - .tl TE.Fiut • • Appendix B TRACT 2 & 3 — EXEMPT WELL Permit No. 231203 4111 • TRACT 2 & 3 — EXEMPT WELL Permit No. 231203 The well is located near the existing Tamburello home and is registered with the Colorado Division of Water Resources as Permit No. 231203. The well permit and the well construction log are attached. The exempt well is limited to a maximum pumping rate of 15 gallons per minute (gpm) and uses for fire protection, ordinary household purposes inside three dwelling units, the irrigation of up to 1 -acre, and the watering of domestic animals. This well is intended for service to Tract 2, Tract 3, and the existing Tamburello home. We understand that the Tamburello home and accompanying ±79 -acres is proposed for future subdivision. The well was constructed on February 4, 2002 by Shelton Drilling Corporation. The well was drilled to a depth of 140 -feet through gravel, cobbles, a clay layer, and into the sandstone/siltstone material of the Wasatch formation. The static water level (as measured during the pump test) was at a depth of 68'-8"feet below the top of the well casing. The available drawdown at the time of drilling was approximately 71 -feet (140'-69'). On February 11, 2002 Samuelson Pump Company performed a four-hour pump test on the well. Attached is a summary of the pump test results, including a graph of the Drawdown/Recovery Curve. The pumping rate was 17.6 gallons per minute. The results of the pump test indicate that the well yield exceeds the pumping rate The source of water to the aquifer is believed to be from precipitation and irrigation deep percolation originating from Graham Mesa and the Cactus Valley. The pump test was completed during the winter period of the year when water levels and well yields are typically at there lowest. A subsequent water level measurement showed no significant winter period water level changes. Date Depth to Water 4/20/02 69'-3" Water Demands The water demands for three homes and up to 1 -acre of irrigated area are summarized on the attached Table. The peak monthly water demand is about 5.3 gallons per minute occurring in June. The well yield exceeds the estimated demands and will provide a reliable supply. The well permit limits the pump installation to 15-gpm. The instantaneous water demands of the three homes will exceed 15-gpm and will require storage and booster pumps to meet the peak demand. The construction, operation, and maintenance costs of the shared components of the well and water system should be addressed in cost sharing agreement. Also, Easements should be provided for the well and shared facilities. Water Quality Results of the water quality analysis performed by Grand Junction Laboratories are presented below: B -1 • • • Nitrate 0.66 mg/1 • Nitrite 0.00 mg/1 • Dissolved Solids 1850 mg/1 • Total Coliform Bacteria zero The water quality tests for bacteria, and nitrates/nitrites meet the Colorado Department of Health guidelines. The total dissolved solids are above the 500-mg/1 recommended level. Dissolved solids are a secondary standard established by the health department and reflect aesthetic qualities of the water supply. The dissolved solids do not pose any health risks and the amount detected is representative of other groundwater supplies derived from the Wasatch formation. Water quality from this formation typically has a high level of hardness and salts that could result in staining of water fixtures and limit irrigation use to salt tolerant plants Summary The well is allowed to serve up to three residences with an estimated in-house water demand of 350 gallons per day and the combined irrigation of up to 1 -acre. The peak monthly demand is 5.3-gpm. The well yield exceeds 17-gpm and is sufficient to meet the in-house water demands. The Plat should also identify the potential need for a storage/booster pump system and provide the necessary easements and cost sharing agreement for the shared use of the well. B -2 Form No. GWS -25 APPLICANT OFFICE OF TSSTATE ENGINEER COLORADO DhiISIGN OF WATER RESOURCcS 318 Centennial Bldg., 1313 Sherman St., Denver, Cdtoraco 30203 (303)866-3581 GREG TAiMBURELLO 1743 COUNTY ROAD 210 RIFLE, CO 81650- (970) 1650- (970) 625-3527 PERMIT TO CONSTRUCT A WELL LIC 4 WELL PERMIT NUMBER 231203 DIV. 5 WD 39 DES. BASIN MD APPROVED vNELL LOCATION GARFIELD COUNTY NE 1/4 SE 1/4 Section 2 Township 6 S Range 93 W Sixth P.M. DISTANCES FROM SECTION LINES 2058 Ft, from South 1133 Ft. `ram East Section Line 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 assure the applicant that no injurywill 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 shail be in compliance with the 'Nater iVVefl Construction Ruies 2 CCR 402-2, unless approval of a variance has been granted by the State 3oara of Examiners of 'Neter Well Construction and Pump Installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37-32-602(3)(b)(II)(A) as the only well on a tract of land of s0 acres described as the NE 1/4, SE 1/4, Sec. 2, Twp. 3 South, Rng, 93 West, ath P M.. Garfield County. 4) 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 ane (1) acre of home gardens and lawns, and the watering of domestic animals. 5) The maximum pumping rate of this well shall not exceed 15 GPM. 6) The return flow from the use of this well must be througn an individual waste water disposal system of the non -evaporative type where the water is returned to :he same stream system In which :he well is located. 7) This well shad be constructed not more than 200 feet from the location specified on :his permit. 3) Monitoring noie notice MH -37802, was acknowledged for construction of a monitoring and ocservation hole for :his applicant, in this 1/4, 1/4, on 02/25/2000.21—\ NOTE: Parcel Identification Number (P!N): 23-2177-024-00-194 .r NOTE: Assessor Tax Schedule Number: 210460 , 2� � ,�( APPROVED DMW Receipt No. 9500411 State engineer DATE ISSUED' 06 2001 By XPIRATION DATA" 1"- • 0 6 FROM : MOUNTAIN ELEVATOR CO FAX NO. : 9799458462 Melia -ay, March 245, 2002. 11,00 AM Wayne Stiellcm 970 927 :3801 • Mar. 26 2002 10:27PM P2 p. 02 W ELL CONSTRUCTION AND TEST REPORT ST.17. OF COLOR ADO, OFFR '11 Off T111. STATI*: I . 11:141.. JA..1131,:tZ Ovinor NArne(s): GrL4g Tanthurel fkildross: 1743 County Road 21(1 City, &Ate, Zirr Ct.y. g165(../ Plmno : 970-625-.4527 Dk11.1.L.t4.) 1)1STANCES FROM SFS", 4,i1\4LS !itom Sec 111W. 1111i1 1.1BDIVI.SION. S10.ZRE.'f: A:C.)1 )Wr,-;',4, Al. 1L.C.AT1tilt?i.;'; 203" _ ....... NV.. '1.4 ':'11,1 14 nt;;;' ft tiDrn ,111v Volt ,411 110V A 1 CilVS 1 t>1 ) -•-• '4',Np• (4. S 'v W !"..; hity, 438 1.441,7 1.4L1.TIA. 2.04474:+11 .t, l'• tiLt".."1.;."1,:-. • 0.1...,1.:Nk 1.) t.1 -.j,'"2. 'r 111?.1,17V.-4.71.(.,1Y Lie DATE COM .11'11;1). 2:4;2002 ,)1\it'l. 1.1 r( 1;', 01111 YrAf .1.)1}..' t I. 110 ! .111( )N, 1 -Th V.t..)1 ,( F ep41.4 •I'ntv ol Nfaterial (Size, (4.14(q, 44nr.1, Ttpe) 0)0- 0814 I )11t, l'1Cobb les ravel )..)>1 130 Cloys 31)- 40 Formation 1.121-1, t '?tOA.ite )8 I • 10 T 110 Wair: Located: 88 9N Rilitotf,•0; i.t IA 0.-140 8. 10'41:Let Milterit•I 1 111.1cljur; 9 01/ tZ4 11 ypo . 1,i1C 141 I A:111.,11r1? 11110110d " 1iSi: '11111tall ‘i1,; 11, ]y' l'ypo • f)y 911 111144111c? is II.. 111..10 411.411rd:1 t2. WII,L TEST 1DA 1 A ) thI. 'Box If L•64 holt t-t:4..11),,:,itiec1 1.r,i 1 ki. 4 NCI 0,C17..1'1TC . A'n ".'oriartr csm .1 "tatu.- 1.0:o; , c4+9 11 ioto. 'N,Ittn,,ttrot.1 : .2! • liitjor) kith.. 15 ion. ;;;.,•4 Lttn,grItt . Pumping _.vel Vow' 11. ,titct N oti,,La )01 •11kte.rn:,44t1:H • 1 :y flu,: 1..slaattg. thia Co of...4 rt..; 1.4.6 w 110.6 aly . &&&& I.1 1.) a JMInrY 111- `c-G'rut akgac 114, How (01)(<1.1., ,111,0.1.3.1CITIIIII 1k )1'4 . She I tOn 1.41111n6t 4•1‘c,ne I))7 -41N.: Nlailing P.(3, rsox 1 .11thtAll1,1 142 1 .1.1C. N,1.1 J 09!) 1. 1-lev:Ft,ft type sr: IDate _'/7/_•( i\, February 25, 2002 Greg Tamborello 1743 CR 210 Rifle, CO8 i 650 ATM. Greg • • (fin Ftruar3' 11, 2002 a went rest was conducted on a well on the Tamborello property on 1743 CK 21Q The Uloviclag informatior ,vas obtained; Weil Depth- _--____--- 143' Casing Size (top)---- 7' Standing water level ----- — - --- 68'8„ Total test time --------___-------__ -- 4 hrs Drawdown to ---------- 75'6" Production is Greater than----------------- 1.7.6 This test was obtained with 1i HP 20 P Sta-Rite. The well recovered back to 69'7.5" in 10 min_ If you have any questions please call rne, Raun. Samuelson at 970-945-6309 Sincerely, Raun E Samuelson Samuelson Pump Co. P.O. Box 297 • Glenwood Springs, CO 81602 • (970) 945-6309 • Fax (970) 947-9448 Water Systems • Sales. Service & Installation FGb-18-02 05:04P • ACZ Laboratories, Inc. 2773 Downhill Drive Steamboat Springs, GO 50487(800) 334-5493 • Zancanella & Associates Project HI Sample ID: Tamberrillo Well P.04 COP Inorganic Analytical Results ACZ ID: Date Sampled: Date Received: Sample Matrix: L35787-01 02111/02 13:00 02!12/02 Ground Water Wel Chemistry Parameter EPA Mottled Result Qua! Units MDL PQL Date Analyst Lab Filtration Nitrate ss N. dissolved Calculation: NO3NO2 minus NO2 Nitrate/Nitrite as N. M353,2 - Autun:ated Cadmium dissolved Reduction Nitrite as N. dissolved M353.2 - Automated Cadmium Reduction Residue, Filterable M160.1 • Gravimetric (TOS) ©180C 0.66 0.66 1850 UH my/L mg/L 0.02 0.1 0,02 0,1 02/12/02 11:10 02/15/02 0:00 02.113(02 8:57 m9/1. 0.01 0.05 02(13/02 22:55 nig/ 10 20 02(1310214!24 Note: Sample required re -analysts for Nitrite because of QC outside acceptance limits. Retest was performed after the applicable holdtime had expired. STANDARD BACTERIOLOGICAL WATER TEST SNOWMASS WATER & SANITATION DJSTRrCT P.O. BOX 5700 — SNOWMASS VILLAGE CO 81615 PWS IDP /j —'-- Sample Location SAMPLE TAKEN DATE �__/Le!2__ TIME,j -�.:�NAME OF SUPPLY T�(4 /261T; 10 COUNTY Ci4/ ,_ SAMPLER 1_, -"A7... (f7.. CHLORINE RESIDUAL ( )COMMUNITY SUPPLY —r MG/L ( ) NON COMMUNITY ( ) ROUTINE DISTRIBUTION SYSTEM SUPPLY _ ( ) CHECK SAMPLE ( ) OTHER PUBLIC RAW ( ) PROCESS WATER t PRIVATE ( ) GROUND ( ) SURFACE ( ) SPECIAL PURPOSE SAMPLE -NOTE : IF ALL INFORMATIO/N IS NOT SUPPLIED THE SAMPLE WILL BE DISCARDED, REMARKS S��" /sot, AIX ly�7-4/4/Y RETURN TO ADDRESS ,3 O `""� `` % /% C1TY-STATE �ij1 - PHONE t^31,Z 11111111 SEE REVERSE FOR TIME LIMITATIONS, SAMPLING INSTRUCTIONS AND DEFINITIONS, Kti-lrv.v ......--. ANALYST/START ANALYST/FINISH RESULTS UNSUITABLE 0 j FOR TEST COL/LERT 24 -dour test COLIFORM TNT FECAL MEMBRANE FILTER DIRECT COLIFORMORM ABSENT FECAL ABSENT PRESENT PRESENT PRESENT PRESENT RESULTS PER THAN ONE COLIFORM R 00 ML INDICATES I ES NONCOMPLIANCE WITH MINIMUM DRINKING WATER STANDARDS DO NOT WRITE IN THIS SPACE DATE TIME RECEIVED DATE'S D TIME = ' A6 _— %10N TEST teb calc hs) ab tab • i WELL TEST REPORT T •d 0 O Q 0 733 c cc 3 O 0 0 O 0.. Pump Setting a E 0. a 0, • • tECOVERY 1 LEVEL I )' z O r N f'J V 1!1 co c0 O T 15 1 O N O (7 O 7 50 1 O 10 a 4 6 r MI X11 o CN r 1 4 I i CO DOWN CD ► r r L LEVEL I DRAW L MIN. O r N 0 sr N co co O r N *` Lo 0 N 0 C7 0 0 N 0 cp 0 W 120 1 W \ SCJ r TIME 8.17t76 -L.176 -0L6 -owl '00 dwnd uosianwes dTE:LO ZO 22 -101d N ca E a) 0 co a) 0. E 0 N N o r � N (� O'a z E. E to d = el_ g — (o � L E t. 5 xO W a) L a) d cC tnE w M 0.5 N C) L 1- C 0 0. E a) W O Z O 0 E ca 1- JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC ANNUAL 0.10 1.176 in co N co co M �' N co .-- O N .- N 2.2371 0 O o 00 T- 0 L'0 o 00 —o 0 00 0 0 0.01 o 00 r- 00 o 0 , 0 0.7 0.01 O 00 ON •-Mfr) 0 N 0 0.421 0.22 co A- 00 0 A- 0 CO N Ifo ON 0 0 f-0 NN O O O 0.39 0.49 CO ,-, 0 O M O NM MN O o O 0.59 0) Co o 5.0 O O 0.47 co O 10 M O � O r 0 O 0.71 10 0 co; O) d O 0.501 00 0 o [ 0.50 0 co 0 4.4 ,o 0 0 O 0 0 O) O 0 0.41 3.0 o T- 0 , , 0 , N 0 co 0.10 00 0 r O 0 0 o 0.10 h O , O O 0.00 Oo o 0.09 0.00 0.09 gpm 0.7 0.7 CONSUMPTIVE USE Residential In-house ac -ft 0.011 0.01 Pond Evaporation ac -ft 0.00 0.00 Totals ac -ft 0.01 0.01 gpm 0.1 0.11 I Residential In-house ac -ft 0.10 Irrigation ac -ft 0.00 O 0 5 c.) co to 3 oH • Demands based on one residence for Tract 2, Tract 3, and one residence in Tamburello Subdh Residential O O # of Residences In-house Water use Unit Consumptive Use Demands > O o z N U 0 O D ch J co Z a) U) z o DEMANDSWell.123 N O N V 0 • • WELL SHARING DECLARATION 0 EXHIBIT THIS DECLARATION IS made and entered into this day of 2002, by Gregory J. Tamburello and Anne E. Tamburello, 1743 CR 210, Rifle, CO 81650; Owner of Lots 1, 2 and 3 of the Tamburello North Exemption Plat, as more particularly described on the Plat thereof, recorded at Reception No. WHEREAS, there is an existing domestic water well located on Lot 1 (Permit No. 231204), which Well is the domestic water supply for Lot 1; and WHEREAS, there is an existing domestic water well located in the NEI/4SE1/4 of Sec. 2, T. 6S., R. 93W., 6th P.M. (Permit No. 231023), which Well is the domestic water supply for Lots 2 and 3 and the existing residence located on said NE1/4SE1/4 (Tamburello Residence"). NOW, THEREFORE, Declarants declare the following: 1. Lot 1 shall be entitled to the exclusive use of Well No. 231204. 2. Lots 2, 3, and the Tamburello Residence shall each be entitled to an undivided one- third (1/3) interest in Well No. 231023, related improvements and water rights associated therewith; and are hereby granted a non-exclusive Easement, as shown on said Plat, for access and utilities to said well. The intent of the foregoing declaration to be that the three (3) Lots shall each have an equal right to use an equal amount of the water produced from the Well to provide in-house domestic water supply for one (1) single family residence on each of the respective Lots to the extent permitted by law. 3. Any Lot Owner shall have the right to undertake, without the consent of the other Lot Owners, all repairs and improvements reasonably required to alleviate an emergency whereby water supplies are threatened or curtailed by emergency reasons or factors. Non -emergency repairs, replacements, improvements and activities shall be made by mutual agreement. In the event that Lot Owners cannot mutually decide upon what improvement, operation, maintenance, or replacement activities are necessary and proper, any Lot Owner may provide notice in writing of a list of repairs, improvements or replacements, together with a budget therefore. Unless the other Lot Owners object in writing within fourteen (14) days of receipt of said notice, consent to such shall be deemed conclusively given. In the event Objection is timely made, the Lot Owners agree to mutually select one qualified professional engineer or well driller to make recommenda- tions and a budget and to be bound by such recommendations and budget. 4. Outside usage of water from Well No. 231203 on Lots 2 and 3 shall be limited to irrigation of 10,000 square feet of lawns and garden. The Tamburello Residence shall be limited to irrigation of 22,000 sq. ft. of lawns and garden. However, if water supplies are inadequate to provide for all demands of the three users, outside watering shall be curtailed proportionately to the outside irrigation allowed until well production meets demands. C:\CLIENTS\Tamburello\Tamb North Exemption\agr Well Sharing 020707.doc Tamburello North Exemption Plat Weling Declaration 7/7/02; Page 2 of 3 5. Declarant shall equip the well with a pump, controls and a 2" pipeline to the end of the access easement at Lot 3, as shown on said Plat, before sale of Lots 2 or 3. The pipeline to Lots 2 and 3 will only supply water at minimal pressure. Pumps, pressure tanks, and pipelines for supply to Lot 2 and 3 residences from the pipeline installed by Declarant shall be the responsibility of the individual lot owners. 6. The Lot Owners agree to pay the common costs of electricity, maintenance, and im- provement of the Well, pump house, pipeline and all other appurtenant facilities; each Lot Owner shall pay all expenses and costs in accordance with their one-third (1/3) ownership interest, except that the Tamburello Residence shall only be responsible for pipeline costs to the point of supply to the Tamburello Residence. All costs and expenses incurred by one Lot Owner shall be reimbursed to the paying Lot Owner within ten (10) days of presentment of written statement of such charges. In the event any Lot Owner fails to timely pay such costs, the non -defaulting Lot Owner(s) may pay the obligation of the defaulting Lot Owner, and the Lot Owner in default shall then owe the non -defaulting Lot Owner the amount of the obligation, together with interest on said amount at the rate of eighteen percent (18%) per annum; provided further that in addition to any other remedies provided by law for the collection of such costs, the non -defaulting Lot Owner shall have the right to secure and receive payment of any sums so advanced with interest, by a lien on a defaulting Lot Owner's parcel and, in the event foreclosure of the lien, or any other collection proceeding, the right to reasonable attorney fees and costs. 7. The Lot Owners agree to pay, in addition to the electric charges, Fifty Dollars ($50.00) per month into an escrow account until this account reaches the balance of One Thousand Dollars ($1,000.00). This escrow will be used for repairs and improvements to the Well and related equipment and pipeline. When a draw for maintenance is made payment will resume until the balance again reaches One Thousand Dollars ($1,000.00). This account shall have all Lot Owners, as authorized signers and require the signatures of all Lot Owners to make a withdrawal. The depository bank for the escrow account shall be initially determined by Declarant and then by mutual decision of the Lot Owners. 8. Each Lot Owner shall be solely responsible for all operation, maintenance and capital costs associated with the delivery of water from the common pipeline to their respective residences. 9. All notices required or permitted hereunder shall be in writing and shall be deemed given and received when (a) personally delivered, or (b) forty-eight (48) hours after the same is deposited in the United States mail, addressed to the other Lot Owner at their address appearing on the Garfield County Assessor's records or at such address as shall be designated by a Lot Owner by written notice to the other Lot Owner. 10. The rights and obligations of each Lot Owner set forth herein shall be appurtenant to the respective Lots, shall not be transferred separate and apart from said Lot, and shall be deemed covenants running with the land for the benefit and burden of the Lots and shall be Tamburello North Exemption Plat Wel. ng Declaration 7/7/02; Page 3 of 3 • binding upon heirs, successors, and/or assigns of the Lot Owners. Except that all rights and obligations of the Tamburello Residence may be transferred to a different lot/residence at the sole option of Declarants. 11. This Declaration contains the entire declaration concerning the subject matter herein and supersedes all prior agreements, if any. Declarants or Lot Owners may incorporate the provisions hereof into the covenants of a common interest community. IN WITNESS WHEREOF, the Declarants have executed this Declaration on the date first written above. DECLARANTS: Gregory J. Tamburello Anne E. Tamburello Date: Date: STATE OF Colorado, COUNTY OF Garfield ) ss. The foregoing instrument was acknowledged before this day of , 20 , by Gregory J. Tamburello and Anne E. Tamburello. Witness by hand and official seal. My commission expires: SEAL: Notary Public • EASEMENT DECLARATION EXHIBIT This Easement Declaration is made by Gregory J. Tamburello and Anne E. Tamburello ("DECLARANT"), whose address is 1743 CR 210, Rifle, CO 81650. I. RECITALS A. WHEREAS, DECLARANT owns the following described real property located in Garfield County. Colorado, more particularly described as: T. 6 S., R. 93 W., 6th P.M. Sec. 2: N1/2SE1/4 B. WHEREAS, the Tamburello North Exemption (being the SE 1/4NE 1/4 of said section). requires an non- exclusive easement for access and utilities from CR 210, across said N1/2SE1/4; and C. WHEREAS, DECLARANT intends to grant and dedicate joint and common rights to the use of a non- exclusive easement for access and utilities to the Tamburello North Exemption Lots, and impose on said Lots. as covenants running with the land, the obligation to jointly maintain the access road and utilities serving said lots. THEREFORE, DECLARANT hereby declares the following non-exclusive rights to use of the following described easement. 1. Declarant hereby creates and grants a non-exclusive easement, for access and utilities to the Tamburello North Exemption lots, as described on the Tamburello North Exemption Plat, recorded in the office of the Garfield County Clerk and Recorder at Reception No. , for use by the owners of the Tamburello North Lots, their successors, assigns, agents, employees, tenants, guests and invitees, for a private access road. and utility and drainage purposes, subject to the terms, conditions and provisions hereinafter set forth; more particularly described as follows: 2. The easement shall be as described on said Plat. 3. This Declaration is made, without warranty of any kind, either as to title, authority, or as to the road's quality, safety, condition, or future usability. To the extent this document is considered to be a conveyance, it shall be considered a quit claim deed. 4. The easement shall be non-exclusive and appurtenant only to the above-described properties to which access is granted by this Agreement. No right to this easement can be granted, conveyed or transferred, separate from an interest in the Tamburello North Exemption Lots to which access is granted by this Agreement. This Declaration does not give the Easement owners right to grant any right to the public for use of the easement without the express written agreement of the DECLARANT. 5. The easement is subject to the following terms and conditions: A. Declarant may incorporate said easement into a subdivision and use the easement for access to other lots. Any such lots using this easement for access shall contribute proportionately to maintenance and repair costs. B. Declarant may relocate one or more portions of the easement from time to time. but the relocated easement shall be of similar character and utility. C. Easement owners shall be solely responsible for any maintenance or repair deemed necessary by them for use of the easement and shall repair, at their sole expense, any damage caused by their use. Declarant shall not have any obligation to contribute to any such maintenance or repair. DECLARANT shall have no obligation or duty to maintain the road. The costs of repair, maintenance, clearing, trash removal. snow plowing. C:\CLIENTS\Tamburello\Tamb North Exemption\agr Easement Dec 020707.rtf Tamburello North Easement Declaration 7/7/02; Page 2 of 2 and other expenses of upkeep and preservation of the easement shall be the sole responsibility of the owners of said Lots, and such costs shall be shared by the owners of the respective lots, in equal shares. Routine repairs, paving, clearing, trash removal and snow plowing will be conducted from time to time, as deemed necessary by the lot owners. D. This Easement shall be governed by and construed in accordance with the laws of the State of Colorado and the Easement owners, by their use of the road, consent, subject to the following arbitration provision. to the personal jurisdiction of the District Court of Garfield County, Colorado regarding any issues arising under this agreement. E. This agreement and the terms, conditions and provisions hereof may be enforced by the owners of either of the benefited Lots, their successors and assigns. In the event that litigation or arbitration arises out of the relationship created by this agreement or use of the easement, the prevailing party shall be entitled to reimbursement for its reasonable attorneys' fees, expenses, and costs incurred in connection therewith. F. Easement owners, shall hold DECLARANT harmless and indemnify DECLARANT from any claim, demand, injury, damage, liability or obligation whatsoever resulting or arising from ROAD USERS use or use by anyone under authority or invitation of Easement owners of the easement hereby granted. which indemnity shall include reasonable attorney's fees, expenses and costs. G. Any dispute arising under this Agreement or use of the Easement shall be resolved by binding arbitration, pursuant to the Rules of the American Arbitration Association, or as otherwise agreed by the parties. Any award resulting from such arbitration may be enforced as a judgment under the Colorado Rules of Civil Procedure. H. The owner of each Lot agrees that, upon request of any of the other owners. it will certify' from time to time to any person designated that there are no breaches of this agreement. If any party fails to respond to such a request within ten (10) days of the date of the request, any existing breach of the agreement shall be deemed waived by the non -responding party. I. Declarant or subsequent Lot owners, may incorporate the tenns hereof into the covenants of a common interest community. J. Under no circumstances shall road access be denied to or from any Lots over and across the road easement for emergency vehicles, maintenance equipment, and government officials while on official business. K.. This agreement shall be binding on the successors and assigns of the parties. DECLARANTS: Gregory J. Tamburello Anne E. Tamburello Date: Date: STATE OF Colorado, COUNTY OF Garfield ) ss. The foregoing instrument was acknowledged before this day of , 20_, by Gregory J. Tamburello and Anne Tamburello. Witness by hand and official seal. My commission expires: SEAL: Notary Public