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ii BAKER0H0GANoHOUX ARCHITECTURE & PLANNING / A.I.A. / P.C. Pioneer Glen Subdivision Garfield County, Colorado FINAL PLAT APPLICATION March 21, 2008 OWNERS/APPLICANT: Specialty Restaurants Corp. 8191 E. Kaiser Blvd. Anaheim, CA 92808 714.279.6100 PREPARED BY: Baker + Hogan + Houx A.I.A./P.C. Box 931 160 East Adams Breckenridge, CO. 80424 970.453.6880 BAKER0HOGAN4-HOUX ARCHITECTURE & PLANNING / A.I.A. / P.C. LETTER OF INTENT EXHIBITS EXHIBIT 1 EXHIBIT 2 EXHIBIT 3 EXHIBIT 4 EXHIBIT 5 EXHIBIT 6 EXHIBIT 7 EXHIBIT 8 EXHIBIT 9 EXHIBIT 10 EXHIBIT 11 EXHIBIT 12 EXHIBIT 13 EXHIBIT 14 EXHIBIT 15 EXHIBIT 16 FINAL PLAT APPLICATION Pioneer Glen Subdivision TABLE OF CONTENTS — SUBDIVISION APPLICATION, OWNER and CONSULTANTS, LETTER of CONSENT — GARFIELD COUNTY CHECKLIST: SUBDIVISION REGULATIONS SECTION 5:00 — JANUARY 7, 2008 — BOCC PRELIMINARY PLAN CONDITIONS — VICINITY MAP, ASSESSOR'S MAP and ADJACENT LAND OWNERS — TITLE WORK — TAX CERTIFICATE ' — VEGETATION MANAGEMENT DOCUMENTATION — PRELIMINARY PLAN SUPPLEMENTAL DOCUMENTATION — GRAND VALLEY FIRE DISTRICT DOCUMENTATION — CORPS OF ENGINEER APPLICATION — WATER SUPPLY REPORT WATER QUALITY REPORT WEST DIVIDE WATER CONSERVANCY DISTRICT CONTRACT WELL PERMITS 2/12/08 WATER QUALITY RESULTS — FINAL ENGINEERING PLANS — FINAL COST ESTIMATE — COVENANTS, CONDITIONS, AND RESTRICTIONS A -PLAT B - ISDS DESIGN AND PERFORMANCE STANDARDS ISDS MANAGEMENT PLAN C - INTEGRATED VEGETATION AND WEED MANAGEMENT PLAN D - WILDFIRE MITIGATION PLAN — SUBDIVISION IMPROVEMENT AGREEMENT — DRAFT — DESIGN GUIDELINES BAKER*HOGANtfiOUX ARCHITECTURE & PLANNING / A.I.A. / P.C. March 21, 2008 Fred Jarman Garfield County Building & Planning Department 108 Eighth Street, Suite 401 Glenwood Springs, CO 81601 RE: Final Plat Application for the Pioneer Glen Subdivision Dear Fred, It has been a pleasure working with you and the Planning Staff to prepare this Final Plat application for the Pioneer Glen subdivision. Attached are the 3 copies of the Final Plat application as required in Section 5:00 of the Garfield County Subdivision Regulations. To help expedite Staff's review process, we have included a copy of the Section 5:00 Final Plat requirements in Exhibit 2 with an explanation of where to find the information within the application. In addition, we have included within Exhibit 3 a copy of the Preliminary Plan conditions of approval from the Board of County Commissioners with responses to the conditions noted. In accordance with Section 5:31.G., we have resubmitted the Well Permits and the West Divide Augmentation Plan as Exhibit 11. These items were approved by the Department of Water Resources and subsequently by Staff and the Board of County Commissioners. Additional documentation showing the wells have tested negative for bacteria has also been provided. It is the Applicant's understanding that in accordance with Section 5:31.H., an assessment fee is required for the Parachute 16 School District. The Parachute 16 School District requires a $200 per lot School Site Acquisition Fee for a total of $1,200.00 to be paid at Final Plat. This has been included as a component of the Subdivision Improvement Agreement. A check for this amount is being supplied with this Final Plat application. An assessment fee is also required for Traffic Study Area 1. This Road Impact Fee has been established at $16,077.60 for the subdivision; of which half shall be paid at final plat. It is our understanding that the remaining half will be collected on a prorata basis for the Lots at the time building permits are submitted to the County for individual lot development. The details of this fee have been included as a component of the Subdivision Improvement Agreement. A check for $8,038.80 in accordance with the SIA agreement is being supplied with this Final Plat application. Please see the balance of the application for additional details supporting the Pioneer Glen Final Plat application. If you have any questions or need additional information, please feel free to call me at (970) 453-6880. Sincerely, vonne Bryant, A oc. AIA, Reg. ID Project Manager • • BAKER"HOGAN<=HOUX ARCHITECTURE & PLANNING / A.I.A. / P.C. FINAL PLAT APPLICATION Pioneer Glen Subdivision EXHIBIT 1 SUBDIVISION APPLICATION, OWNER and CONSULTANTS, LETTER of CONSENT • • • GARFIELD COUNTY Building & Planning Department 108 8th Street, Suite 401 Glenwood Springs, Colorado 81601 Telephone: 970.945.8212 Facsimile: 970.384.3470 www.garfield-county.com Subdivision Application Form GENERAL INFORMATION ➢ Subdivision Name: Pioneer Glen Subdivision ➢ Type of Subdivision (check one of the following types): Sketch Plan Preliminary Plan Final Plat ✓ ➢ Name of Property Owner: Specialty Restaurants Corporation ➢ Address: 8191 East Kaiser Boulevard Telephone: 714-279-6100 ➢ City: Anaheim State: CA Zip Code: 92808 FAX: 714-998-4861 ➢ Name of Owner's Representative, if any (Attorney, Planner, etc): Baker+Hogan+Houx Architecture & Planning/AIA/PC ➢ Address: PO Box 931 Telephone: 970-453-6880 ➢ City: Breckenridge State: CO Zip Code: 80424 FAX:970-453-6888 ➢ Name of Engineer: Deric Walter, PE - Boundaries Unlimited Inc. ➢ Address: 823 Blake Ave, Ste 102 Telephone: 970-945-5252 ➢ City: Glenwood Springs State: CO Zip Code: 81601 FAX:970-384-2833 ➢ Name of Surveyor: Jeff Tuttle, PLS - Tuttle Survey Services ➢ Address: 727 Blake Ave. Telephone: 970-928-9708 ➢ City: Glenwood Springs State: CO Zip Code: 81601 FAX:970-928-9708 ➢ Name of Planner: Marc Hogan,AIA - Baker+Hogan+Houx Architecture & Planning/AIA, ➢ Address: PO Box 931 Telephone: 970-453-6880 ➢ City: Breckenridge State: CO Zip Code: 80424 FAX:970-453-6888 GENERAL INFORMATION continued... > Location of Property: Section 24 Township 7S Range 96W > Practical Location / Address of Property: County Road 300, west of the Battlement Mesa RV Park, Parcel 1 of the Lynch & Chanes Exemption Plat ➢ Current Size of Property to be Subdivided (in acres): 35.08 acres > Number of Tracts / Lots Created within the Proposed Subdivision: 6 single family > Property Current Land Use Designation: 1. Property's Current Zone District: A/R/RD - Agricultural/Residential/Rural Densi 2. Comprehensive Plan Map Designation: Residential Proposed Utility Service: ➢ Proposed Water Source: Individual Wells w/ Augmentation Plan ➢ (See "Attachment C" to be completed with Preliminary Plan Application) > Proposed Method of Sewage Disposal: ISDS > Proposed Public Access VIA: County Road 300 > Easements: Utility: Holy Cross; utility along property lines Ditch: within Public ROW > Total Development Area (fill in the appropriate boxes below): ➢ Base Fee: Sketch Plan - $325.00; Prelim Pian - $675.00; 2 • • • • • • I. THE SUBDIVISION PROCESS In order to subdivide land in Garfield County, an Applicant is required to complete the following land use processes in the following order: 1) Sketch Plan Review Process, 2) Preliminary Plan Review Process, and 3) Final Plat Review Process. This section will briefly describe the nature of each process and provide general direction including subdivision regulation citations to a potential applicant requesting subdivision approval in Garfield County. All of the Garfield County Zoning and Subdivision Regulations are located for purchase at the Planning Department and can also be found on the World Wide Web at the following address: http://www.ctarfield-county.com/building and planning/index.htm A) The Sketch Plan Review (Section 3:00 of the Subdivision Regulations) 1. Purpose The purpose of the Sketch Plan process is to allow an individual an opportunity to propose a subdivision in a "sketch" format to the Planning Department and the Garfield County Planning Commission in order to obtain a cursory review for compliance with the County's land use review documents, regulations, and policies to identify any issues that would need to be addressed if the proposed subdivision were to be pursued. 2. Applicability Any individual proposing a subdivision in Garfield County is required to complete the Sketch Plan review process as the first step in Garfield County's Subdivision process. More specifically, Garfield County defines a subdivision (Section 2:20.48) as the division of a lot, tract or parcel of land into two (2) or more lots, tracts, parcels or separate interests, or the use of any parcel of land for condominiums, apartments or other multiple -dwelling units, as further defined by Colorado state law. 3. Application / Submittal Requirements In order to apply for a Sketch Plan Review an Applicant is responsible for reviewing Section 3:00 of the Subdivision Regulations and providing enough information to the Planning Department in the application to conduct a thorough review and provide the resulting comments to the Planning Commission for their review and comments. Specifically, Section 3:30, 3:32, and 3:40 of the Subdivision Regulations contain the specific information required to be submitted to the Planning Department in order to satisfy the application requirements in addition to the information requested on this application form. 4. Process / Public Meeting The Sketch Plan review process is considered a 1 -step process because the application is reviewed only by the Planning Commission at a public meeting. In order to appear before the Planning Commission, an applicant will have submitted all required application submittal requirements mentioned above to the Planning Department Staff. Once submitted, Staff will have 15 working days to review the application to determine if all the required submittal information has been submitted as required. If Staff determines that all the required information has been submitted, a letter will be sent to the applicant indicating the application has been deemed "technically complete." It is at this point Staff will also indicate when the application has been 3 scheduled to be reviewed before the Planning Commission and will request the applicant supply additional copies to provide the Commission for their review. If Staff determines that all the required information has not been submitted, a letter will be sent to the applicant indicating the application does not comply with the submittal requirements and therefore has determined the application to be "technically incomplete." The letter will also outline the applications deficiencies so that the applicant knows what additional information needs to be submitted. At this point, the applicant has 6 months (180 days) to provide the necessary information to the Planning Department to remedy the application so that it may be deemed technically complete. If the application has not been deemed technically complete within this time, the application will be terminated. Once the application has been deemed technically complete and a date has been established as to when the Planning Commission will review the application, Staff will conduct a land use review of the application using the County's land use regulatory documents including the Zoning Resolution, Subdivision Regulations, and the Comprehensive Plan of 2000. In addition, Staff will also consider referral comments provided from a variety of state and local agencies who may also review the application. As a result, Staff will write a Memorandum on the proposed subdivision to the Planning Commission containing the results on the land use analysis. This Memorandum will also be furnished in advance to the applicant. At the date and time set for the public meeting before the Planning Commission, Staff will present the findings in the Memorandum and the applicant will be required to present the proposed subdivision and respond to comments and questions provided by the Planning Commission. The comments provided to the Applicant by the Planning Department and the Planning Commission as a result of the Sketch Plan Process will be kept on file in the Planning Department for 1 -year from the meeting date before the Planning Commission. If an Applicant does not submit a Preliminary Plan application to the Planning Department within the 1 -year timeframe, the Sketch Plan file will be closed and the Applicant will need to reapply for a Sketch Plan review prior to a Preliminary Plan review. B) Preliminary Plan Review (Section 4:00 of the Subdivision Regulations) 1. Purpose The purpose of the Preliminary Plan review process is to conduct a thorough review of the many aspects that are associated with dividing land in Garfield County for the purposes of residential, commercial, and industrial development. This is the most intensive review step where the Building and Planning Staff, the Planning Commission, and the Board of County Commissioners (BOCC) will conduct a thorough review of all the issues associated with the proposed subdivision against the County's regulatory requirements. Ultimately, the purpose of this process is to identify all the major issues in the proposed subdivision by using the County's Zoning Resolution, Subdivision Regulations, Comprehensive Plan of 2000, as well as other state and local referral agencies that will provide comments on any issues raised in their review. This is the process that will either approve or deny the application request. 4 • • f • • • 2. Applicability Any individual proposing a subdivision in Garfield County is required to complete the Preliminary Plan review process as the second and most intensive step in Garfield County's Subdivision process. More specifically, Garfield County defines a subdivision as the division of a lot, tract or parcel of land into two (2) or more lots, tracts, parcels or separate interests, or the use of any parcel of land for condominiums, apartments or other multiple -dwelling units, as further defined by Colorado state law. 3. Application / Submittal Requirements In order to apply for a Preliminary Plan Review, an Applicant must have already completed the Sketch Plan review process addressed in Section 3:00 of the Subdivision Regulations. An applicant requesting Preliminary Plan review will be required to submit this application form, all the required submittal information contained in Sections 4:40 to 4:94 of the Subdivision Regulations as well as address all of the applicable Design and Improvement Standards in Section 9:00 of the Subdivision Regulations. In addition to the substantive submittal information related to the proposed subdivision project itself, an applicant is required to complete all the public notice requirements so that legal public hearings can be held before the Planning Commission and the BOCC which is addressed in Sections 4:20 — 4:31 of the Subdivision Regulations. 4. Process / Public Hearings The Preliminary Plan review process is considered a 2 -step process because the application is ultimately reviewed by two County decision-making entities during public hearings: the Planning Commission who makes a recommendation to the BOCC. In order to obtain dates for the public hearings before the Planning Commission and the BOCC, an applicant will have submitted all required application submittal requirements mentioned above to the Planning Department Staff. Once submitted, Staff will have 30 working days to review the application to determine if all the required submittal information has been submitted as required. If Staff determines that all the required information has been submitted, a letter will be sent to the applicant indicating the application has been deemed "technically complete." It is at this point Staff will also indicate when the application has been scheduled to be reviewed before the Planning Commission / BOCC. Additionally, Staff will provide the applicant with the notice forms to be mailed, published, and posted. If Staff determines that all the required information has not been submitted, a letter will be sent to the applicant indicating the application does not comply with the submittal requirements and therefore has determined the application to be "technically incomplete." The letter will also outline the applications deficiencies so that the 5 applicant knows what additional information needs to be submitted. At this point, the applicant has 6 months (180 days) to provide the necessary information to the Planning Department to remedy the application so that it may be deemed technically complete. If the application has not been deemed technically complete within this time, the application will be terminated. Once the application has been deemed technically complete and a date has been established as to when the Planning Commission / BOCC will review the application, Staff will conduct a land use review of the application using the County's land use regulatory documents including the Zoning Resolution, Subdivision Regulations, and the Comprehensive Plan of 2000. In addition, Staff will also consider referral comments provided from a variety of state and local agencies who may also review the application. As a result, Staff will write a Memorandum on the proposed subdivision to the Planning Commission / BOCC containing the results on the land use analysis. This Memorandum will also be furnished in advance to the applicant prior to the public hearings. As mentioned above, Staff makes a recommendation to the Planning Commission and the BOCC regarding the issues raised in the analysis of the proposed subdivision. The Applicant will first propose the subdivision to the Planning Commission who is responsible for making a recommendation of approval, approval with conditions, or denial to the BOCC. Next, the application will be reviewed by the BOCC during a regular public hearing. The BOCC will consider the recommendations from the Planning Staff and the Planning Commission, the information presented by the applicant, and the public. As a result, the BOCC is the final decision-making entity regarding the proposed subdivision and will either approve, approve with conditions, or deny the application. If the BOCC approves the subdivision application at the public hearing, the approval shall be valid for a period not to exceed one (1) year from the date of Board approval, or conditional approval, unless an extension of not more than one (1) year is granted by the Board prior to the expiration of the period of approval. (See the specific information provided in Section 4:34 of the Subdivision Regulations.) Following the hearing, Staff will provide a resolution signed by the BOCC which memorializes the action taken by the Board with any / all conditions which will be recorded in the Clerk and Recorder's Office. Once an applicant has Preliminary Plan approval, they are required to complete the third and final step in the County's Subdivision Process: Final Plat Review. C) Final Plat Review (Section 5:00 of the Subdivision Regulations) 1. Purpose The purpose of the Final Plat review process is to provide the applicant with a mechanism to prove to the County that all the conditions of approval required during the Preliminary Plan review process have been met / addressed to the satisfaction of the Planning Staff and the BOCC. This being the case, the chairman of the BOCC will 6 • • • sign the Final Plat and have it recorded memorializing the subdivision approval granted by the BOCC. This is the last step in the County's subdivision process. 2. Applicability Any individual proposing a subdivision in Garfield County is required to complete the Final Plat review process as the third and last step in Garfield County's Subdivision process. More specifically, Garfield County defines a subdivision as the division of a lot, tract or parcel of land into two (2) or more lots, tracts, parcels or separate interests, or the use of any parcel of land for condominiums, apartments or other multiple -dwelling units, as further defined by Colorado state law. 3. Application / Submittal Requirements In order to apply for a Final Plat review, an Applicant must have already completed the Preliminary Plan review process addressed in Section 4:00 of the Subdivision Regulations. An applicant requesting Final Plat review will be required to submit this application form, all the required submittal information contained in Section 5:00 of the Subdivision Regulations and responses to all the conditions of approval required as part of the Preliminary Plan review process. 4. Process The Final Plat review process is considered a 1 -step process because the application is ultimately reviewed by the Building and Planning Staff and presented to the BOCC 111 for their signature if the application satisfies all the required submittal information to the satisfaction of the Building and Planning Department. • If Staff determines that all the required information has been submitted, a letter will be sent to the applicant indicating the application has been deemed "technically complete." It is at this point Staff will also indicate when the application has been scheduled to be presented to the BOCC for signature. (This is not a public hearing or meeting and therefore does not require public notice.) If Staff determines that all the required information has not been submitted, a letter will be sent to the applicant indicating the application does not comply with the submittal requirements and therefore has determined the application to be "technically incomplete." The letter will also outline the applications deficiencies so that the applicant knows what additional information needs to be submitted. Once the application has been deemed technically complete and a date has been established as to when the BOCC will review the Final Plat, Staff will review the application / Final Plat in terms of adequacy to determine if all the submittal information satisfies the Final plat requirements as well as the responses to the conditions of approval. During this review, Staff will forward the Final Plat the County Surveyor for review and a signature. In the event there are additional questions or clarification issues to be addressed, the County Surveyor will generally contact the applicant to have the plat adjusted as necessary. Once, Staff has completed the review and all required information has been submitted to the satisfaction of the Planning Department 7 GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT AGREEMENT FOR PAYMENT FORM (Shall be submitted with application) GARFIELD COUNTY (hereinafter COUNTY) and (hereinafter APPLICANT) agree as follows: Specialty Restaurants Corporation 1. APPLICANT has submitted to COUNTY an application for Pioneer Glen Subdivision (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that Garfield County Resolution No. 98-09, as amended, establishes a fee schedule for each type of subdivision or land use review applications, and the guidelines for the administration of the fee structure. 3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT agrees to make payment of the Base Fee, established for the PROJECT, and to thereafter permit additional costs to be billed to APPLICANT. APPLICANT agrees to make additional payments upon notification by the COUNTY when they are necessary as costs are incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional COUNTY staff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, APPLICANT shall pay additional billings to COUNTY to reimburse the COUNTY for the processing of the PROJECT mentioned above. APPLICANT acknowledges that all billing shall be paid prior to the final consideration by the COUNTY of any land use permit, zoning amendment, or subdivision plan. APPLICANT Mailing Address: Specialty Restaurants Corporation 8191 East Kaiser Boulevard Anaheim, CA 92808 10/2004 Page 4 • 1 GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT FEE SCHEDULE Garfield County, pursuant to Board of County Commissioners ("Board") Resolution No. 98-09, has established a fee structure ("Base Fee") for the processing of each type of subdivision and land use applications. The Base Fee is an estimate of the average number of hours of staff time devoted to an application, multiplied by an hourly rate for the personnel involved. The Board recognized that the subdivision and land use application processing time will vary and that an applicant should pay for the total cost of the review which may require additional billing. Hourly rates based on the hourly salary, and fringe benefits costs of the respective positions combined with an hourly overhead cost for the office will be used to establish the actual cost of County staff time devoted to the review of a particular project. •Actual staff time spent will be charged against the Base Fee. After the Base Fee has been expended, the applicant will be billed based on actual staff hours accrued. Any billing shall be paid in full prior to final consideration of any land use permit, zoning amendment or subdivision plan. If an applicant has previously failed to pay application fees as required, no new or additional applications will be accepted for processing until the outstanding fees are paid. Checks, including the appropriate Base Fee set forth below, must be submitted with each land use application, and made payable to the Garfield County Treasurer. Applications will not be accepted without the required application fee. Base Fees are non-refundable in full, unless a written request for withdraw from the applicant is submitted prior the initial review of the application materials. Applications must include an Agreement for Payment Form ("Agreement") set forth below. The Agreement establishes the applicant as being responsible for payment of all costs associated with processing the application. The Agreement must be signed by the party responsible for payment and submitted with the application in order for it to be accepted. The complete fee schedule for subdivision and land use applications is attached. • GARFIED COUNTY BUILDING AND PLANNING DEPARTMENT BASE FEES The following Base Fees shall be received by the County at the time of submittal of any procedural application to which such fees relate. Such Base Fees shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board for the consideration of any application or additional County staff time or expense not covered by the Base Fee, which have not otherwise been paid by the applicant to the County prior to final action upon the application tendered to the County. TYPE OF PROCEDURE Vacating Public Roads & Rights -of -Way Sketch Plan Preliminary Plan Amended Plat Exemption from the Definition of Subdivision (SB -35) Land Use Permits (Special Use/Conditional Use Permits) • Administrative/no public hearing $250 • Board Public Hearing only $400 • Planning Commission and Board review & hearing $525 Zoning Amendments • Zone District map amendment $450 • Zone District text amendment $300 • Zone District map & text amendment $500 • PUD Zone District & Text Amendment $500 • PUD Zone District Text Amendment $500 Comprehensive Plan Amendment $450 Board of Adjustment • Variance $250 • Interpretation $250 Administrative Permits • Floodplain Development $400 • Pipeline Development $400 Planning Staff Hourly Rate • Planning Director $50.50 • Senior Planner $40.50 • Planning Technician $33.75 • Secretary $30 BASE FEE $400 $325 $675 + application agency review fees and outside consultant review fees, as authorized pursuant to the Regulations, such as the Colorado Geologic Survey $200:. $100 $300 County Surveyor Review Fee (includes review of Amended Determined by Surveyor$ Plats, Final Plats, Exemption Plats) Mylar Recording Fee $11 — 1St page $10 each additional page Page 2 • • • The following guidelines shall be used for the administration of the fee structure set forth above: 1. All applications shall be submitted with a signed Agreement for Payment form set forth below. 2. County staff shall keep accurate record of actual time required for the processing of each land use application, zoning amendment, or subdivision application. Any additional billing will occur commensurate with the additional costs incurred by the County as a result of having to take more time that that covered by the base fee. 3. Any billings shall be paid prior to final consideration of any land use permit, zoning amendment, or subdivision plan. All additional costs shall be paid to the execution of the written resolution confirming action on the application. 4. Final Plats, Amended or Corrected Plats, Exemption Plats or Permits will not be recorded or issued until all fees have been paid. 5. In the event that the Board determines that special expertise is needed to assist them in the review of a land use permit, zoning amendment, or subdivision application, such costs will be borne by the applicant and paid prior to the final consideration of the application. All additional costs shall be paid prior to the execution of the written resolution confirming action on the application. 6. If an application involves multiple reviews, the Applicant shall be charged the highest Base Fee listed above. 7. Types of "Procedures" not listed in the above chart will be charged at an hourly rate based on the pertinent planning staff rate listed above. 8. The Planning Director shall establish appropriate guidelines for the collection of Additional Billings as required. 9. This fee structure shall be revised annually as part of the County budget hearing process. Page 3 and the County Surveyor has signed the Final Plat in Mylar form, it will be scheduled at the next BOCC meeting to be placed on the consent agenda with a request to authorize the Chairman of the" BOCC to sign the plat. Once the Final Plat is signed, it is then recorded by the County Clerk in the Clerk and Recorder's Office for a fee of $11 for the first sheet and $10 for each additional sheet thereafter. This fee shall be paid by the applicant. This act of recording the signed Final Plat represents the completion of the Garfield County Subdivision Process. Please refer to the specific language in the Final Plat portion (Section 5:00) of the Subdivision Regulations for specific timelines and additional responsibilities required of the applicant to complete the Final Plat process. Please Note: This information presented above is to be used as a general guide for an applicant considering a subdivision in Garfield County. It is highly recommended that an applicant either purchase the Garfield County Zoning Resolution and Subdivision Regulations or access them on-line at: http://www.garfield-countv.com/buildinq and planning/index.htm in order to ascertain all the necessary requirements for each of the three steps including Sketch Plan Review, Preliminary Plan Review, and Final Plat Review. I have read the statements above and have provided the required attached information whichcorre t and acc . . e to the best of my knowledge. OS' e Last Revised: 07/2007 8 • • • • • BAKER4HOGAN0HOUX ARCHITECTURE & PLANNING / A.I.A. / P.C. FINAL PLAT APPLICATION Pioneer Glen Subdivision OWNER & CONSULTANTS OWNER/APPLICANT: Specialty Restaurants Corporation 8191 East Kaiser Blvd. Anaheim, CA 92808 Ph: 714.279.6111 Fax: 714.998.4861 PLANNER: Baker+Hogan+Houx Architecture Box 931 160 East Adams Breckenridge, CO 80424 Ph: 970.453-6880 Fax: 970.453-6888 CIVIL ENGINEER: Boundaries Unlimited Inc. 923 Cooper Ave., Suite 102 Glenwood Springs, CO 81601 Ph: 970.945.5252 Fax: 970.384.2833 SURVEYOR: Tuttle Survey Services 727 Blake Avenue Glenwood Springs, CO 81601 Ph: 970.928.9708 Fax: 970.947.9007 ATTORNIES: Dennis Stahl 8191 East Kaiser Blvd. Anaheim, CA 92808 Ph: 714.279.6111 Fax: 714.998.4861 Tim Thulson Balcomb & Green, P.C. P.O. Drawer 790 818 Colorado Ave. Glenwood Springs CO 81602 PH: 970.945.6546 Fax: 970.945.8902 WATER ENGINEER: Zancanella & Associates 1011 Grand Avenue Glenwood Springs, CO 81601 Ph: 970.945.5700 Fax: 970.945.1253 GEOTECHNICAL ENGINEER: CTL -Thompson, Inc. 234 Center Drive Glenwood Springs, CO 81601 Ph: 970.945.2809 Fax: 970.945.7411 ENVIRONMENTAL: Clark Ecological 1673 Highway 50 Grand Junction, CO 81503 Ph: 970.250.0275 Fax: 970.241.2299 Alpine Ecological 1127 Adams Street Denver, CO 80206 Phone: 303.859.1475 TITLE INSURANCE: Commonwealth Title Company P.O. Box 352 Rifle, CO 81650 Ph: 970.625.3300 Fax: 970.625.3305 BAKER0HOGAN01-10UX ARCHITECTURE & PLANNING / A.I.A. / P.C. AUTHORIZATION LETTER Project: Pioneer Glen Subdivision Authorization Letter Address: County Road 300 (Stone Quarry Road), West of the Battlement Mesa RV Park, Parcel 1 of the Lynch & Chanes Exemption Plat. The parcel is a portion of Section 24, Township 7 South, Rance 96 West. Legal Description: To Whom It May Concern: This is to confirm that I have authorized Baker + Hogan + Houx Architecture & Planning /A.I.A. / P.C. and Boundaries Unlimited Inc. to act as my representatives to work on the project noted above. BY PRINTED OR TYPED NAME TITLE DATE STATEMENT OF INTEREST IN PROJECT BAKER"HOGAN4-HOUX ARCHITECTURE & PLANNING / A.I.A. / P.C. FINAL PLAT APPLICATION Pioneer Glen Subdivision EXHIBIT 2 GARFIELD COUNTY CHECKLIST: SUBDIVISION REGULATIONS SECTION 5:00 • • • BAKER4COGAN0HOUX ARCHITECTURE & PLANNING / A.I.A. / P.C. FINAL PLAT APPLICATION Pioneer Glen Subdivision GARFIELD COUNTY SUBMITTAL CHECKLIST 5:20 FINAL PLAT REQUIREMENTS 5:21 The Final Plat shall be drafted legibly, with black waterproof ink, on sheets of permanent reproducible material, such as mylar, measuring 24" x 36" with clear margins of 2" on the left hand side and 1/2" on the remaining sides. Where multiple sheets are necessary to depict the total filing, the legal description to the tract boundary and all certifications and dedications need appear only on the title or cover sheet and a key map to sheet location shall be provided. The scale of the Final Plat shall be at least 1"=200'. Final check set attached — 2 plat sheets 5:22 The Final Plat shall meet the minimum CRS standards for land survey plats, as required by Colorado State law, and approved by the County Surveyor and shall include at least the following information in the format described: A. Name of the subdivision and legal description of the property; Plat -1 B. Date of the survey, statement of the scale, basis of bearing, North arrow and graphic scale; Plat -1 and Plat -2 C. Location and description of the primary control points for the survey data and of all property monuments on the subdivision; Plat Note #1 on Plat -1 D. Names of all streets or roads, block letters and lot numbers indicated in a manner for easy plat identification; Plat -2 E. Location of all major drainage channels or areas; Plat -2 F. Vicinity map at a scale of 1"= 2000', including section lines, as well as township and range lines, where practical; and Plat -1 G. Tract and lot boundaries, rights-of-way and streets shown in solid black lines; easements or other rights-of-way shown in dashed lines; lots numbered with dimension and area shown: Plat -2 1. Lot boundaries shall be accurate to the nearest 0.01 foot with lot areas under one (1) acre shown to the nearest square foot and lot areas one (1) acre or over shown to the nearest 0.01 acre and bearings to the nearest second of acre; 2. Arc lengths and central angles and radius of all curves shall be shown with central angles shown to the nearest second of arc; and 3. Widths and dimensions of all easements, rights-of-way and streets shall be indicated. Plat -2, See also Plat note #23 on Plat -1 5:23 The Final Plat shall meet the minimum standards for monumentation of and surveys, as required by Colorado Revised Statutes, Section 38-51-101, as amended, including, but not limited to the following standards: A. Monumentation Permanent monuments on perimeter boundaries shall be set before the recording of the subdivision plat. The monuments are to be set in concrete with a three inch (3") center radius, minimum one foot (1') depth, monument showing at surface. Metal tablets to be set in solid rock. Witness corers to be set for inaccessible areas by authority and discretion of the County Surveyor and pursuant to Colorado Revised Statutes of 1973, Section 38-51-191. Page 1 of 4 Street and roadway centerline monumentation shall be set after the completion of any construction. The monuments shall be set at every intersection and every P.C. and P.T. of a curve. Lot and block monuments shall be set pursuant to Colorado Revised Statutes, Section 38-51-101-2 (1973). All aliquot corners, established in the procedure of subdividing a tract of real estate, will be submitted to the County Surveyor before the recording of each subdivision. All monumentation must have magnetic attraction. Any variation from the submittal requirements on monumentation shall be subject to the approval of the Garfield County Surveyor. B. Perimeter Boundary Monumentation 1. Solid rock, ground or concrete. A durable cap shall be securely anchored in the rock or concrete and stamped with the survey point and the Colorado registration number of the land surveyor responsible for the establishment of the monument or marker, as required by C.R.S. Section 38-51-101 (1973). 2. Loose soil, sand marsh, etc.. Monuments may be set, but shall be referenced or witnessed pursuant to C.R.S. Section 38-51-101-6 (1973). 3. Lot corners. Lot corners or corners shall be witnessed or referenced as lot corners shall have a minimum five -eights inch (5/8") iron rod or rebar twenty-four inches (24") long, solidly imbedded in the ground, with a durable cap bearing the Colorado registration number of the Surveyor. 4. Street and roadway center line. A five -eights inch (5/8") iron rod one foot (1') long, with a one and three eights inch (1 3/8") diameter cap recessed one half inch (1/2") below surface of paving. Center line, other than paving, such as gravel, dirt, etc., shall have a five -eights inch (5/8") iron rod two feet (2') long with one and three eights inch (1 3/8") metal cap recessed four inches (4") below surface, properly referenced, and metal cap with Surveyor's Colorado registration number to be completed within a reasonable length of time after construction. C. Elevation Bench Marks Bench Marks: Shall be of monument quality with no less than a one and three -eights inch (1 3/8") diameter metal cap set in one foot (1') of concrete protruding one-fourth inch (1/4") above surface with letters B.M. for Bench Mark with the elevation stamped thereon. All monumentation shall be subject to approval by the Garfield County Surveyor. 5:24 The Final Plat shall include the following certifications and additional information, as required by Colorado Revised Statute, Section 38-51-102: A. Names and addresses of owner(s) of record of both surface and mineral estates, including mineral lessees, if any, and names of any property mortgagees; Plat -1 B. Total acreage of the subdivision, total number of lots within the subdivision, and total acreage devoted to each use (e.g., single family residential, commercial, street, open space); greenbelt (2003-18) Plat -1 C. County Surveyor's Certificate (See Appendix); Plat -1 D. Indication of the purpose for dedication or reservation of sites, other than residential lots; Plat -1 Page 2 of 4 • • • • • • E. Certificate of Dedication and Ownership executed by all persons with an interest in the subdivision property, including any security interest (See Appendix); Plat -1 F. Surveyor's Certificate signed by a registered land surveyor licensed in the State of Colorado (See Appendix); Plat -1 G. A copy of the Colorado State Land Survey Monument Record forms, to be filed by the County Surveyor, for any corners required to be filed on by Colorado state law; H. Attorney's Certificate describing all dedications to the public and certifying that the subdivider(s) has/have complied with the Garfield County Subdivision Regulations; Plat -1 I. Garfield County Board of County Commissioner's Certificate (See Appendix); and Plat -1 J. Garfield County Clerk and Recorder's Certificate (This certificate shall not be completed until after Final Plat is recorded). Plat -1 5:25 If the subdivision includes condominium units, in addition to the Final Plat requirements above, a separate condominium Final Plat, certified by a surveyor registered and licensed by the State of Colorado and depicting the following information, shall be provided after new construction or as a part of the Final Plat if it is a conversion: Not Applicable A. Vertical and horizontal location of each air space unit with dimensions and area included; B. Relation of individual air space units to limited and general common elements; C. Designation of any limited common elements reserved for the exclusive use of any individual air space unit; D. Identification of each condominium unit by number or symbol, including both the individual air space unit and any reserved limited common elements; E. Location of all exterior and interior load bearing walls of common ownership; F. Elevation of each air space unit in relation to an established United States Government benchmark; and G. Statement of proposed density, including number of buildings and number of air space units. 5:30 SUPPLEMENTAL INFORMATION 5:31 The following documentation shall be filed simultaneously with the Final Plat and at the same scale as the Final Plat, where applicable: A. Engineering plans Exhibit 12, descriptions and cost estimates for streets, drainage facilities, water and sewage disposal systems, bridges and other improvements marked "Approved for Construction"; Exhibit 12 B. Subdivision Improvements Agreement and Consent to Vacate the Final Plat executed between the subdivider and the County; Exhibit 15 Page 3 of 4 C. Certification of the County Treasurer's Office that all applicable ad valorem taxes have been paid for years prior to that in which subdivision approval is granted; Exhibit 6 D. Copy of subdivision covenants, if any; Exhibit 14 E. Evidence that all services, including water, sewage disposal and roads, comply with state and local laws and regulations and shall be available to each subdivision lot to the extent necessary for use of such lots in the manner permitted by zoning and covenants affecting the lots; See Exhibit 11 and Exhibit 12 F. Approved site location approval from the Colorado Department of Health, Water Quality Control Division; Exhibit 11 G. Written evidence of an adequate legal supply of water shall be provided in a form consistent with the requirements of the resolution approving the Preliminary Plan, the report of the State Engineer submitted for consideration at Preliminary Plan review, and the requirements of this section. If the State Engineer has submitted a report in compliance with Section 30-28-136, C.R.S., as amended, fails to recommend a specific method of rectifying the injury or inadequacy, or if the Board of County Commissioners has approved the preliminary plan without specifically adopting the State Engineer's recommendation, the Board of County Commissioners may consider one or more of the following forms of evidence: Exhibit 11 1. a final decree entered in a court of competent jurisdiction, providing for a legal water supply for the uses intended; or 2. a) a well permit b) a diversion of water; The foregoing must be supported by any necessary perpetual commitment or long-term contract for water from a governmental water supply agency allowing diversion for the use intended at the well or diversion point; or 3. evidence complying with a written opinion and recommendation of the State Engineer. In order to properly evaluate compliance with this section, the Board of County Commissioners may retain expert assistance to provide advice concerning the adequacy of the tendered written evidence. The cost of such retained experts shall be born by the applicant. H. School site approval or cash in lieu and fire district impact fees based on a study of the fiscal impact on the district by new subdivision development, approved by the Board of County Commissioners and Planning Commission; and Letter of Intent and SIA (Exhibit 15) I. Management plan for the operation and maintenance of individual sewage disposal system. Exhibit 14-B 5:32 If the subdivision includes condominium units, the subdivider shall provide a copy of the proposed declaration which, at a minimum, shall include: Not Applicable A. Statement defining the character, duration, rights, obligations and limitations of condominium ownership, including any restrictive covenants affecting individual units; B. Statement of proposed method by which the proportionate valuation of common elements shall be assessed on individual condominium units; and C. Provisions for creating and procedure, conditions, restrictions and limitations on time sharing ownership, if applicable. Page 4 of 4 • • BAKER"HOGAN"HOUX ARCHITECTURE & PLANNING / A.I.A. / P.C. FINAL PLAT APPLICATION Pioneer Glen Subdivision EXHIBIT 3 JANUARY 7, 2008 - BOCC PRELIMINARY PLAN CONDITIONS • • • BAKER='HOGANoHOUX ARCHITECTURE & PLANNING / A.I.A. / P.C. FINAL PLAT APPLICATION Pioneer Glen Subdivision On January 7, 2008, the Board of County Commissioners approved the Preliminary Plan for Pioneer Glen Subdivision with the following conditions: 1. That all representations made by the Applicant in the application, and at the public hearing before the Board of County Commissioners and Planning Commission, shall be conditions of approval, unless specifically altered by the Board of County Commissioners. Understood. 2. The Applicant shall place the following plat notes on the Final Plat and in protective covenants: a. "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." Plat Note #6; CC&R Page 7 Article II 1d b. "No open hearth solid -fuel fireplaces will be allowed anywhere within the subdivision. One (1) new solid -fuel burning stove as defied by C.R.S. 25-7-401, et. seq., and the regulations promulgated thereunder, will be allowed in any dwelling unit. All dwelling units will be allowed an unrestricted number of natural gas burning stoves and appliances." Plat Note #7; CC&R Page 13 Article VII 9 c. "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." Plat Note #8; CC&R Page 7 Article II le d. "All exterior lighting will be the minimum amount necessary and all exterior lighting will be directed inward and downward towards the interior of the subdivision, except that provisions may be made to allow for safety lighting that goes beyond the property boundaries." Plat Note #9; CC&R Page 15 Article VII 20 e. "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." Plat Note #10; CC&R Page 12 Article VII 2 BAKER°HOGAN -ROUX ARCHITECTURE & PLANNING / A.I.A. / P.C. FINAL PLAT APPLICATION Pioneer Glen Subdivision f. "All building foundations and individual sewage disposal systems will be designed by professional engineer registered in the State of Colorado." Plat Note #11; CC&R Page 15 Article VII 17 g. "Structures built on the lots will not exceed the maximum allowed height of twenty- five 25 feet as calculated by the Zoning Resolution of 1978, as amended." Plat Note #12; CC&R Page 7 Article II la h. "Lot coverage shall not exceed the maximum allowed coverage of 15%." Plat Note #13; CC&R Page 7 Article II la i. "To allow the movement of Mule Deer and Elk through the subdivision, fence heights shall not exceed 42 inches in height." In all cases, All Fences shall only be erected within building envelope boundaries. and—T fere shall not be any Fencing shall not be allowed to surround entire lots or the perimeter of the subdivision, except as allowed on the western border of the subdivision. Plat Note #14; CC&R Page 15 Article VII 21 J• "Lot owners are responsible for management of Garfield County listed noxious weeds on their own individual lots. The homeowners association is responsible for management of County listed noxious weeds on the remainder of the property including the designated open space areas." Plat Note #16; CC&R Page 13 Article VII 7a k. "All streets are dedicated to the public but all streets will be constructed to standards consistent with the County Subdivision Regulations and repair and maintenance shall be the responsibility of the incorporated Homeowners Association of the subdivision." Plat Note #17; CC&R Page 24 Article X 3. In addition to plat notes above in condition No. 2, the Applicant shall place the following notes into the protective covenants: a. "The homeowners Association shall review and approve all ISDS designs and modifications prior to construction." CC&R Exhibit B b. "All septic tank accesses and risers shall be surface accessible to allow for maintenance, monitoring, and inspections." CC&R Exhibit B c. "Monitoring pipes shall be installed at each end of absorption fields or trenches (minimum of two monitoring pipes) to allow for inspections." CC&R Exhibit B d. "Absorption fields or trenches shall adhere to minimum setbacks as regulated by the Colorado Department of Health, Guidelines on Individual Sewage Disposal Systems, most recent edition." CC&R Exhibit B • • • BAKER0HOGAN0HOUX ARCHITECTURE & PLANNING / A.I.A. / P.C. FINAL PLAT APPLICATION Pioneer Glen Subdivision e. "Proper mitigation (diversion) of drainage and flood irrigation for the absorption field or trench areas shall be included in the design and construction." CC&R Exhibit B f. All trash cans used for outside collection within the subdivision shall be "bear proof." CC&R Page 14 Article VII 11 g. "For the protection of Bald Eagle and Great Blue Heron nests, large cottonwood trees, dead or alive, will not be disturbed during construction of the subdivision and will be preserved throughout the existence of the subdivision." CC&R Page 16 Article VII 23 h. "Buyers and builders must be aware that about 5 feet of clay is present in the shallow subsurface of the lots which can be easily eroded. To prevent damage to future homes, structures shall be designed so that concentrated runoff, from patios and roofs, would not flow into the slopes, which could cause sloughing and general deterioration." CC&R Page 15 Article VII 19 4. The 40% slopes adjacent to Lots 1 and 2 shall not be disturbed. Understood. • 5. The Applicant shall obtain a Floodplain Development Permit from Garfield County for building the irrigation pump house in the open space area as depicted on the site plan. The Applicant shall be required to obtain approval from the County for the Floodplain Development Permit prior to the approval of the Final Plat. The irrigation pump has been moved to the drainage and access easement outside of the flood plain. See sheet C-7 of Exhibit 12. 6. The Applicant is required to submit additional information prior to Final Plat to assure that residents will have access to the space (for example: bridges, trials...). See sheet C-4 of Exhibit 12. 7. The Applicant shall pay the applicable school site acquisition fee for the number 16 School District which requires $200 per dwelling unit. This fee shall be tendered to the County at the time of Final Plat. Understood. A check has been provided with the Final Plat application in the amount of $1200 (6 Lots x $200 = $1200). 8. The Applicant shall meet with Steve Anthony, County Vegetation Manager, prior to Final Plat to discuss appropriate weed management in the proposed open space areas including the island. Understood. The meeting was held November 26, 2007 with Mr. Steve Anthony. A copy of the Weed Mitigation 2008 proposal from Outdoor Services has been provided in Exhibit 7. The proposal includes weed mitigation south of the Colorado Tributary as was discussed with Mr. Anthony. 9. The protective covenants shall include a provision dealing with weed management on the properties including that the property owner is responsible for managing County listed 1111 noxious weeds. CC&R Exhibit C (Exhibit 14) BAKER--HOGANN=ROUX ARCHITECTURE & PLANNING / A.I.A. / P.C. FINAL PLAT APPLICATION Pioneer Glen Subdivision 10. The Applicant shall complete a water quality analysis with the minimum samples being submitted testing for bacteria, nitrates and suspended solids prior to the Board of County Commissioners public hearing. Submitted for Preliminary Plan application. 11. The Applicant shall pay the applicable Traffic Impact Fee to be calculated and paid at Final Plat. Understood. 12. The Applicant shall meet all of the following recommendations made by the Colorado Geological Survey, which include: a: The ditch that conveys water across Lot 6 shall be abandoned or rerouted. b. Any cuts made into the steep slope on the east side of the property shall be evaluated by the geotechnical engineer for slope stability and retaining structures shall be constructed. Understood. Retaining walls not needed. See sheet C-4 of Exhibit 12. c. The ditch proposed to be constructed at the base of the slope on the east side of the property shall be reviewed by the geotechnical engineer to ensure that the stability of the hillside will not be affected. Culvert crossing added along Pioneer Drive. See sheet C-5 of Exhibit 12. d. Building envelopes in lots 2, 3, and 5 shall be set back at least 2 to 1 (2:1, horizontal to vertical) from the base of the slopes into the Colorado River. Understood. e. The west boundary of the building envelope in Lot 5 shall be moved back from the break in the slope. Understood. f. Buyers and builders need to be aware that about 5 feet of clay is present in the shallow subsurface of the lots which can be easily eroded. To prevent damage to future homes, structures shall be designed so that concentrated runoff, from patios and roofs, would not flow into the slopes, which could cause sloughing and general deterioration. Understood. Noted in plat notes and CC&R's. 13. The Applicant shall delineate, legally describe, and convey all easements shown on the Final Plat to the Homeowners Association. This dedication needs to be in a form acceptable to the County Attorneys Office and transfer shall occur at the time of recording the Final Plat. These easements shall include, but are not limited to all drainage easements, shared water system easements (domestic wells and water storage tank), storm -water drainage easements, all internal roads (which will be dedicated to the public on the face of the Final Plat) and any access and maintenance easements that need to be provided for in the common open space. Understood. See Final Plat sheets and CC&R's 14. The Applicant shall meet all concerns made by the County Road and Bridge Department, and shall be included in the SIA: a. The Applicant shall assure that the hill on the east side of the entrance shall be cut back so that the curve in CR300 to the east is visible. This task will have to be accomplished prior to final plat and the cut back will also have to be maintained throughout the life of the subdivision. Documentation proving this has been accomplished must be submitted along with final plat application. Understood. See details on sheet -C-4 of Exhibit 12. • • • • BAKER"HOGAN =ROUX ARCHITECTURE & PLANNING / A.I.A. / P.C. FINAL PLAT APPLICATION Pioneer Glen Subdivision b. This cutback will have to be maintained and this shall be the responsibility of the Homeowners Association. Understood. See Plat note #29 c. The cottonwoods on the west side of the entrance must be cut back so that the curve in CR 300 to the west is visible. Cottonwoods were removed by Xcel energy maintenance crew. d. The brush between the drive and the cottonwoods shall be cleared. Understood. e. An 18 inch (minimum) culvert must be used at the driveway and included in the Subdivision Improvements Agreement. Understood. See exhibit B of the SIA noting the Drainage and Storm Sewer section. 15. The Applicant shall address all concerns made by Mountain Cross Engineering with Building & Planning staff prior to Final Plat approval: a. "No easement lines are shown for the overhead power lines on the south end of the project. Also only one of the overhead power lines is labeled as being buried. The intended design for the other overhead power line should be labeled more clearly. All utility easements are noted on the plat sheets of Exhibit 12 in accordance with Title work within Exhibit 5 b. In the water supply plan, the engineer recommends only temporarily using well water for irrigation. The engineer recommends that permanent irrigation water be provided out of the river. No design is included for the permanent irrigation system. See sheets C-7 and C-8 of Exhibit 12 for irrigation system design. c. The fire protection storage volume that is proposed is generally less than required by the Fire Code. The Fire Protection District should verify that this storage amount is acceptable. The system is designed as instructed by the Grand Valley Fire Protection District. See correspondence dated June 5, 2007 and February 7, 2008 in Exhibit 9. d. The cul-de-sacs are longer than 600'. The road design standards allow the Board to approve longer cul-de-sacs for topographical reasons and if it can be proved that fire protection and emergency egress and access is provided as a part of the longer design. The applicant should provide evidence of emergency egress and access. Approved by Grand Valley Fire District February 7, 2008. See Exhibit 9. e. Finalized well permits and negative (absent) bacteria tests should be provided for the wells at time of Final Plat. See Exhibit 11. f. The existing drainage that meanders around the building envelopes of Lot 6 and Lot 5 should be protected within an easement. Understood. See plat in Exhibit 12. A 30' drainage easement has been provided. g. The impacts that the projected traffic is anticipated to have to the existing road is not discussed. Addressed at Preliminary Plan. See Exhibit 8. BAKER°HOGAN0HOUX ARCHITECTURE & PLANNING / A.I.A. / P.C. FINAL PLAT APPLICATION Pioneer Glen Subdivision h. The geotechnical engineer recommends a minimum pavement section different than that shown on the standard details for the project. No recommendations are made for the chip and seal surface that is proposed. Addressed at Preliminary Plan. i. Site specific geotechnical investigations are recommended for building foundation designs. This should be included as a plat note or within the Conditions, Covenants, and Restrictions of the HOA. Plat note #21 of Exhibit 12 j• The Applicant should verify that there is adequate site distance of oncoming traffic at the intersection with Stone Quarry Road." Addressed at Preliminary Plan. See Exhibit 8. • • • • BAKER"HOGAN"HOUX ARCHITECTURE & PLANNING / A.I.A. / P.C. FINAL PLAT APPLICATION Pioneer Glen Subdivision EXHIBIT 4 VICINITY MAP, ASSESSOR'S MAP and ADJACENT LAND OWNERS IN, Boundaries Unlimited, Inc. 923 Cooper Avenue, Ste. 102 Glenwood Springs, CO 81601 tele: 970.945.5252 fax: 970.384.2833 SCALE:1"�2OOO' DATE: 1/4/06 FILE: Concept SHEET: 1 Specialty Restaurants Corp Garfield County, Colorado BM -Lott Vicinity Map Boundaries Unlimited, Inc. 1 823 Blake Avenue, Ste. 102 Glenwood Springs, CO 81601 tele: 970.945.5252 fax: 970.384.2833 Scale: 1"=1000' Date: 12/6/06 Proj #: 2005 File: ASSESSOR Specialty Restaurants Corp. Garfield County, Colorado Pioneer Glen Subdivision Assessor's Map 2409 • LC) r r If) Q CO r t- M CO r r CO N r o o r w co CO CO C) 0 0 0 0 CL • First Name/Company • 'CS ZS 4. a) � 3 a) 3 a) .rc U cc.lcas a 0 0 CI - 5242 County Road 300 E C- 6 a) 5460 S. Quebec Street Ste. 250 Puckett Land Company 2409-242-00-104 5460 S. Quebec Street Ste. 250 Puckett Land Company 2409-133-00-013 109 Silverton Court Travis Jason 2409-242-00-155 BAKER>HOGANN>HOUX ARCHITECTURE & PLANNING / A.I.A. / P.C. PRELIMINARY PLAN APPLICATION Pioneer Glen Subdivision ADJACENT OWNERS WITHIN 200' * as provided by Balcomb & Green 240924400124 James Eugene Speakman Monique Teresa Speakman 5242 County Road 300 Parachute CO 81635 240924300134 James Raso, Jr. 121 West 5th Street Hammonton, NJ 08037 240924200156 and 240924200155 Travis Jason Metclaf 190 Silverton Court Parachute CO 81635 240924200104 Puckett Land Company 5460 S. Quebec St., Ste. 250 Greenwood Village CO 80111-1917 240924100109 Battlement Mesa Metropolitan District 73 Sipprelle Drive, Ste. G Battlement Mesa, CO 81635-9213 240924100089 Battlement Mesa RV Park, LLC P.O. Box 2100 Denver, CO 80201 Garfield County Road and Bridge Garfield County Road 300 P.O. Box 426 Rifle CO 81650 Mineral Interests on Property Exxon Corporation P.O. Box 2180 Houston, TX 77001 Exxon Corporation P.O. Box 53 Houston, TX 77001 John W. Savage P.O. Box 1926 Rifle, CO 81650 Joan L. Savage 5953 County Road 320 Rifle, CO 81650 • BAKEROHOGANOHOUX ARCHITECTURE & PLANNING / A.I.A. / P.C. FINAL PLAT APPLICATION Pioneer Glen Subdivision EXHIBIT 5 TITLE WORK • Commonwealth Title Company • • of Garfield County, Inc. 127 E. 5th Street / P.O. Box 352 Rifle, CO 81650 Phone (970) 625-3300 / Fax (970) 625-3305 803 Colorado Avenue Glenwood Springs, CO 81601 Phone (970) 945-4444 / Fax (970) 945-4449 Date:December 21, 2006 To: Rocky Mountain Realtors, Inc. 820 Castle Valley Blvd., Suite #108 New Castle CO 81647 Attn: Phone: 984-3720 Fax: 984-3721 Re: A Purchaser to be Determined / Specialty Restaurants Corporation Thank you for your order. Enclosed please find the following in connection with our File No. 0612082: O Commitment ❑ Title Policy ❑ Endorsement ❑ Tax Certificate ❑ Other Copies Sent To: Balcomb & Green Commonwealth Title Company of Garfield County, Inc. 127 E. 5th Street / P.O. Box 352 Rifle, CO 81650 Phone (970) 625-3300 / Fax (970) 625-3305 803 Colorado Avenue Glenwood Springs, CO 81601 Phone (970) 945-4444 / Fax (970) 945-4449 Date: December 21, 2006 To: Balcomb & Green 818 Colorado Avenue Glenwood Springs CO 81601 Attn: Phone: 945-6546 Fax: 945-8902 Re: A Purchaser to be Determined / Specialty Restaurants Corporation Thank you for your order. Enclosed please find the following in connection with our File No. 0612082: O Commitment El Title Policy E l Endorsement ❑ Tax Certificate E l Other Copies Sent To: Rocky Mountain Realtors, Inc. • • • • • COMMITMENT FOR TITLE INSURANCE SCHEDULE A File No. 0612082 1. Effective Date: December 1, 2006 at 7:59 AM 2. Policy or Policies to be issued: (a) ALTA OWNER POLICY (ALTA 10-17-92) Proposed Insured: A Purchaser to be Determined (b) ALTA LOAN POLICY (10-17-92) Proposed Insured: $TBD 3. The Estate or interest in the land described or referred to in the Commitment and covered herein is Fee Simple and is at the effective date hereof vested in: Specialty Restaurants Corporation 4. The land referred to in this Commitment is situated in the County of Garfield, State of Colorado and described as follows: See Attached Exhibit "A" COUNTERSIGNED: TITLE CHARGES Informational Only $350.00 American Land Title Association Schedule A (Rev'd 6-86) Authorized Officer or Agent rl Valid Only if Schedule B and Cover Are Attached Issuing Agent: Commonwealth Title Company of Garfield County, Inc. 127 East 5th Street Rifle, CO 81650 File No. 0612082 EXHIBIT "A" A parcel of land in the NW1/4 of Section 24, Township 7 South, Range 96 West of the 6th P.M., Garfield County, Colorado, more particularly described as follows: Beginning at a point on the intersection of the East line of said NW1/4 of Section 24 and the North right-of-way line of County Road 300 whence the Center Quarter Corner of said Section 24 being a 3" BLM Aluminum Cap found in place bears South 00°38'14" East a distance of 56.99 feet; thence along said North right-of-way line of County Road 300 for the following four (4) courses: 1) the arc of a curve to the left 110.46 feet, said curve having a radius of 328.46 feet, a central angle of 19°16'09", and a chord which bears South 84°22'33" West a distance of 109.94 feet; 2) thence South 81°43'07" West a distance of 32.40 feet; 3) thence along the arc of a non -tangent curve to the right 315.75 feet, said curve having a radius of 660.59 feet, a central angle of 27°23'11", and a chord which bears North 89°09'47" West a distance of 312.76 feet; 4) thence along the arc of a reverse curve to the left 81.32 feet, said curve having a radius of 272.80 feet, a central angle of 17°04'48", and a chord which bears North 84°00'36" West a distance of 81.02 feet; thence leaving said right-of-way North 28°18'13" West a distance of 2063.95 feet to a point on the centerline of the Colorado River; thence along the centerline of the Colorado River for the following ten (10) courses: 1) North 48°06'30" East a distance of 314.36 feet; 2) thence North 54°53'33" East a distance of 278.90 feet; 3) thence South 12°23'18" East a distance of 179.48 feet; 4) thence South 30°56'39" East a distance of 110.09 feet; 5) thence South 26°56'25" East a distance of 276.96 feet; 6) thence South 23°24'54" East a distance of 276.15 feet; 7) thence South 12°02'45" East a distance of 69.66 feet; 8) thence South 09°58'45" West a distance of 125.89 feet; 9) thence North 83°48'16" East a distance of 498.70 feet; 10) thence South 69°35'50" East a distance of 233.73 feet to a point on the East line of said NW 1/4 of Section 24; thence along the East line of said NW1/4 of Section 24 South 00°38'14" East a distance of 1195.36 feet to the POINT OF BEGINNING. • • • File No. 0612082 • SCHEDULE B - SECTION 1 The Following are the requirements to be complied with prior to the issuance of said policy or policies. Any other instrument recorded subsequent to the date hereof may appear as an exception under Schedule B of the policy to be issued. Unless otherwise noted, all documents must be recorded to the office of the Clerk and Recorder of the County in which said property is located. 1. This is an informational only commitment and no policy will be issued hereunder. • NM 6 American Land Title Association Commitment Schedule B - Section 1 - Form 1004-5 • File No. 0612082 SCHEDULE B - SECTION 2 Schedule B of the Policy or Policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the company: 1. Rights or claims of parties in possession not shown by the Public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts, which a correct survey and inspection of the premises would disclose, and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this commitment. 6. Any and all unpaid taxes, assessments and unredeemed tax sales. 7. Any lien or charge on account of the inclusion of subject property in an improvement district. 8. Any and all water rights, claims, or title to water, whether or not the matters excepted are shown by the public record. 9. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted and a right of way for ditches or canals as constructed by the authority of the United States, as reserved in United States Patent recorded November 11, 1911 in Book 71 at Page 507. 10. Reservation of one - half of all oil, gas and minerals as described in deed recorded April 2, 1962 in Book 340 at Page 287 and any interests therein or assignments thereof. 11. Reservation of all oil, gas and other minerals as described in deed recorded April 9, 1981 in Book 569 at Page 301 and any and all interests therein or assignments thereof. 12. Easement granted to Public Service Company of Colorado as described in instrument recorded August 31, 1960 in Book 329 at Page 438 and in instrument recorded November 2, 1960 in Book 330 at Page 515. 13. Terms and conditions of Declaration of Easement recorded June 3, 1985 in Book 669 at Page 777. 14. Terms and conditions of Water Allotment Contract by and between West Divide Water Conservancy District and Battlement Mesa Development as evidenced by Memorandum recorded April 28, 1998 in Book 1064 at Page 707 and as assigned in instrument recorded September 18, 2000 in Book 1207 at Page 979 and as assigned in instrument recorded May 20, 2004 in Book 1589 at Page 598. 15. Apparent right of way for an overhead electric line and all other matters disclosed on survey by Jerome Gamba and Associates, Inc. dated December 2, 1999. 16. Right of way for County Road No. 300. 17. Easement conveyed to Colorado Ute Electric Association in instrument recorded July 9, 1985 in Book 671 at Page 941. 18. Any question, dispute or adverse claims as to any loss or gain as a result of any change in the river bed location by other than natural causes, or alteration through accretion, reliction, erosion or avulsion of the center thread, bank, channel or flow of waters in Colorado River lying within subject land; and any questions as to the location of such center thread, bed, bank or channel as a legal description monument or marker for purposes of describing or locating subject lands. NOTE: EXCEPTION(S) N/A WILL NOT APPEAR IN THE N/A TO BE ISSUED HEREUNDER. The Owner's Policy of Title Insurance committed for in this Commitment, if any, shall contain, in addition to the Items set forth in Schedule B - Section 2, the following items: (1) The Deed of Trust, if any, required under Schedule B - Section 1. (2) Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof. (3) any and all unpaid taxes, assessments and unredeemed tax sales. NOTE: The policy (s) of insurance may contain a clause permitting arbitration of claims at the request of either the Insured or the Company. Upon request, the Company will provide a copy of this clause and the accompanying arbitration rules prior to the closing of the transaction. American Land Title Association Commitment Schedule B - Section 2 Form 1004-12 • • • I9," • wes.v..4 - !M" ‘.., 7v.,....% ...... _,._,,I..=....,........1.....‘.. 1.........,*.!..,..,., ....,, ........... ,_ 2, i 11`.1...r"1......v.M11122195.1i...." ......dr....Is ',-14,,,, i ... .11... ..%.,,...„.....,.,.. '- ' ,....,,;,...,t4:44 . i ir....=1Z.VgX1111311er4, •IIVAM.S.i.`' Sliiil=1•74.4r,411502=1:11Vgiii.V.M.kai 4::;',iiikavadis',"•"-•••`41A . , „i , . ... .-, ...I.._ 1 •!..7.11...i.','-4,3r...`a011.!'rvir='' `r-'"';e2eZni•.`:°,4'..211"rge.1119.-'!'=1.'1!:#'4ff --.'•11 ! .• . ! ' tn.i. lin E..! i • • i 71 .. .44..... mit...r...!.......mc-vrt • ....,,,, . " % -111..% :4, t ' • • — • • . . . .• ........ . •• ..--,:',7,3::-i.,:•••...:,-',...„•.•:,•,.,-;.---;,...,; ' . ' I ' • • tie -7 . • , PRE.ErrIPTI4N ./11111i1 CASH E1iTtY 144"E1101.-14.3...,441..•.•.,14,4 711 — • HI • • 0ri 4-22, 473: CERTIFICATE The United. States of America. To all to Whom these Presents Shall Come, Greeting : 507 Int(2.kieposifed in tho General Lend Otlieu.aLt.1.!i2..Zitod-gtotes Cortificalu of the Itogisto.r ?"' the 4./0nd (Vice • . • • 1:41 hereby it a petislion I • 1-rsimentiaibatIre • • -r?---2 '24,4••:: • 11 liasagrA 11 iS1111:•:1 . . 4?....(ay.,4*•;,..7.a.:,;,...y/Afic1.14_..i',1,i14A42.4se.L.-.1.17,144.-4.3L.4....14,1..i. :OA • I • I . r • t." " 1. • ' o(AL frit:«oraihi ,1 t7'2her Z° .7..-1.1411,!!rorision-for-Igeordo-ofthr-Pablie-tinighri"- • • 1 and-thernet-r-eapplonscatal-th.creVi, for...-44.e..7.0.;...cntitZ;4e, . . ! . .1 • ; „ • - - 11. .1-.1 • lAte )/%17te. /904":!?(Wri!7firt!%>•/ I el!? ea.94,4, 11 • ' 11 • 4 ! • ,; II . . • ! •-• • • . 11 • 1!• • •• . 1 ! i • 1! :according 10 the 0111chtl lint al the .Snrecy of tin, said Lodi returned to 1111. (..icie.nd Lams 0111,111 tlic Fici,:yor Genernl, n-lili.1.-ortiel-tr-enct., • . . . . • . . . • .1 •;:::e.cr_lik../C.,,,N1.... A': ....70.O.: .t. a . i ,(:•.../.‘5./ . . . . NOW KNOW YE, l'Intl. +the Unite!! - SOLeA - • • . • . . • i ........: ..)W.44;,e, e..c.,9,1/re .1:riit1 Tr.11,1:;.,viti...t.eln't, ,11.1..ilti13..411 • . • . • . . . . .. ii • . • • TG-flAVE ANI) To .HoLD 14..,,....rt,.......u.m ..a,..1.-0,..-n«.1,4,,rgq..0....4........• .,,,,,(4::.:;.':41;,,t,,,,,,,tc,,,,e.1,-,,,,,,i...__i • 1 . . ' •. . . .7.74. .41,4/I.,: el e......1,•r . • • I MIother perooseo, runt rightn to ditehec and recervoirs uoedrn connection WiL116114:11 wntor righlrl 09 may be rceognrogl and neklitioli.dge,d by the local • roid to.., * il !. .......X4,___........._...,.. hoiro and assign" 6,rorcr: 1111141,11.41 ). Vi'51.1.,!. 810! Ftecru.31scnicr ri.:111K 6.1.111111i1Igi ilgrienItnral,1nrionfeeterino or • in 11 ii.:.; ...id., :i .i.i ....,: ili ... ..13 a....nd i..in .1., 1s iN• r,11. •Orai.i f“, ... .,-,- ti" 11 ' • II. ' cottioms, 10111 end a,,,ision'i of Courisi3Orirlolo,otr. hicri-i....the...thz,-.1.41.-rol, . . . . . II ak0y8 5- 5,m,..14o-reirk00hi 411 k.11, 1.110 1,..414.ati:,..41,,n,,,,T.4.44,74,.• ntni then., in msiirviiil from the Inn& Iv:frilly grnnintf a !i • i ii ' righta‘rav thervon forditoinm ori6n/tIs clinstrnel.,1„hyllii:),10..herity aIhc_..,I79iled/ihr_lo0 . • • . - ii ! TN TE.."!'"r1\,r WTIEREOP!1•-: .-.!..;-•••1;<1.,;:(-4?:cri--51-44..7r .. VOL.—. • . - ..i.. ..rmAiiient. of lin: Criiied .'sIi-dcs !,‘ .11.1iscr0m,1invo 'nutted 1110,*.1ptleirn. to he non1c 1atetifonc1t1n:se.1 of the Generiq rcuid 5./116.1i ln.iii? ilorintutil , • • ! . •• 4 • CA.1:1--n4 4! .< i. --(7..i„,;•1:1'1712-1-1.3. .... • • ' ...... ,. in 54."! year!. nr our Lord one 1111)111//111.4. Alio howIrerl nntl ii, • . - MY FN !miler iiny hand, at the City ir1-Wainhin..tonithe.._____( ...c: .r... r". . ..,... . , . tiny r1.1 •i • * •. • I I - . I.. . 1 . 1 • • . : . .. i... • ,..,_->:.i. .X.../......e..-ttie ....7:. • .... Alla of the 111a,polifi ....... of the 1.71,ilmi Sii,tii,. 11, tho iim mind! iii • yl _ or ' ' .141;1•:(5.4.4...!...727... .C;.,...4.1.1 '1/..,...... . ' • ' .. ii ' • ' . ' ' . . . . '1 . ' ( 7, -•?!1)71/.71.1?•-•••• . • • • - - • ' • — ; ...v ,- e,• -ii‘ •-....i, .. .. . • _Y4'l il ,. .., -- ez.../..a.:6. cr; !teem+ CT 44 ((*0 Comeral Land °Inc, 1; . .., . .. . /.0 //t 0 7 ,-i ' . - Recorded ,41-.4‘,TWArd.C!... lk.g...Vki.-/-/—. /'. .....0Z:-.:.....--......-_.:... ../...-.. 1.1./..:11;',•'-!;:'.1-. :kl. .„! el! * • • • • 14E.Pe ,s..d.e.,,.. . ... . • . • . . „ i hiputy. ii • II • .111 e ILA to flocord!the--____ dny \ ...mown Jo.,- Reception i.o. .i.vo7'- EASEMENT our I i "^ of1.0d.'TM;S II:STtiUiLEhT. Made thLe___5.5...4:_.7".11. day of_ ��6'�"-)1 _ _ _, in the year c -e thousand rine hundred and _84y_.___—._= -=between _ttelli4_0■-iayUard. . . e[ Ike ; — -- Cocr tyy cf _ { ILC fJ eld and State of_ _QQ1Qrakt__ — cf the [.rat part, and PUBLIC SERVICE CO>tPANY OF COLORADO. a corporation duly organized and existing _ Lader and by virtue cf the laws of the State of Cotorado, party of the second part; b ' R .�VITt•IESSETII'`Thst the said rix cf the ftrat��, for and Sy c? zt er ties of the sum c— f _ 1)ollare, R //j i7 / A/,f......"--fi/_z.e..e:-, ,', /t/ to the eatd pari_ of the first part Lo hand paid by the said party of the second part. the receipt whereof V hereby conterscd and acknowledged, hal granted. bargained, saId and conveyed and by these presents do ee grant. bargain. sell. convey and confina into the tali putt of the second part. Its successors and essigrs forever, an o easement for the construction. reconstruction. c eras. on and r..s,maintenance ee aero conductors s for or+,the tother ransmission tbdnrooff electricity,. together with the n esoper poles, L devices. bd lsr�ed or ail to the operationelectricof Section lines, t2oxnehip. 7 Bouth,P. ngefollow- 96 NI • Lot line 6, • is -Vest, of the 6th Principal Meridian,•County of Garfield, 8tete of Colorado, -):ore particularly described as follows: ightn fyhfeet towide, 50 fefeet -r\ on each side of a center line beginning aA rP on e East ° ine'V. ' of said Lot Ito. 6 whence the Southwest earner of Section 24 bears 3.5959 4054 feet; thence 8.47°37'4O'V. 638 feet rare or less to the. South boundary line 1 of said Lot Mo. 6. Also 24 whence thegit a Southweoint on st corner of sae id Beccttion 24 bears 8.26°45'40'V.dary line of 1e 1515 feet;on; thence 11.47°57140'E. 816 feet rare or less -to the East boundary.line of said hV}SVV of said.Seotion 24.' — Also the 6'i&V= Section 26, Vint Section 35, all in ioretship 7 South, Pen e_Q6 Vest, of the 6th Principal Meridian, County -of Garfield, State of Colorado. More particularly aescribed-as-followss-A right of.way=100 feet wide, _ — 50 feet on each aide of a center line beginning at a point on the Borth boundary line of the 6V16VV of said Section 26, whence the Southwest corner of said Section 26 bears 8.31°15t201V. 1578 feet; thence 8.13°10'20'V. 5488 feet •mor• e or lees to the Vest boundary line of said VidiVi.of said Section 35. - - 1; 0 0 . . • Together with the right of ingress isd egress over said premises, to survey, construct, reconstruct. maintain. operate, control and use said lutes and ttremove objects or structures therefrtmr: .- • The grantor— resenel_ the right to -cultivate and use said premises for any purpose consistent with the rights and prrvflrgcs aboyegranted and which will not interfere aaith oe grraendanger the grantee's facilities thereat theme or any of the s or herein pon e. the Such easementrvation herein granted. In case thepetor shall rot rmanent abandonthe ment of said ht to erect osseine, any sight. privilege ar object, -ands ups essement, all right, priailege sad interest herds granted shall end, cease and determine. The crash of installing, maintaining and reconstructing its facilities shall be dor., with care. and all damage to the premises caused thereby shall be paid for or repaired at the expense of the grantee. . The providona of this ease meat shall be binding upon ,and shall iniire to the benefit of the heirs. executors. administrators. successors and assigns of the parties hereto., Slgned and delivered tri- a. C 7i/ day ot_ t,744e- ,i % -- - . ...A. D. 1RG %I_, i. N. In the Prose tee of - J •..... Jc. :./...s:.:: .s. >x,... .L o-<..7 ,,f,-,......_ ISE AL) .\ot%rl•.- 1 's (SEALS STATE O/cOrxluDO. }, - ._ row rr or ,..<5....•./"..4 -2c7 -"In."' -2/,• The foregoing Instrument wa/s ac edged before me this b: G • • day of m 191 by_/0^..�.._.—._..T._f .<-?'...a' Witness my rind and o[tidal�eaL o My commission expires- ��l.4�• `!S`; _' . /r l //lr_-1 liatary Pablte _z • Fe' n e G g,Ry kQ.n. :W...2/1604 _ 515 ' y ...•. Ctlas. S, i:ee�an,:recorder Page 51�, r-„_ �,� EASEMENT •� •„. r.y Ytr • T1i1S INSTRLSiENT. ]!ale tk:c r day or r t� ilte Sear our th •-:•v.1 ::rnr h.,n-ir.•-i a -17.cr _ . between John W. Savage s9e - - -- - w - — Ce c p cf Garfield - . R- t :ate ot_L;plorado .:f tl:.• first part. and l't1IlLIC SFRV1C£ COMPANY OF r'(LORADO. a corporation duly organized antd d sting. 1:-. ler and by wtrtue of the laws of the State of C Icraao. ;arty ;f N-ITNES.EI-Ii. That the said part/ /e5 ;f the first part. for ar_ 1 i^ corsideraUon of the arm of / tkwn... LI the said part /k5 of the first part in hand paid by the said party of the second part. the rectipt whereof Is hereby . (.,dewed and ackro:t'ted,;ed, hare granted. bargair-ed, saki and conveyed and by these presents doh grant, bargain. sell. convey and confirm unto the said party of the• second part. tts successors and a • forever, an 9 easemer.t for the construction: reconstruction, ere:ation and maintenance of conductors for the transmission of electricity. together with the ncces:ary poles, towers. crossarms. cables. wires, guys, supports, and otter fixtures and devices. used or useful in the ;,-.,ration of electric trar.smi;ston lines. through, on, orer•and across the follow- ing described lands, to -wit �v h NE} EEk, Lot -No. 1, SWC hilt, NES S1;k, all in Section_24, Township 7 South, Range 96 West, of the 6th Principal Meridian, County of Garfield, State of Colorado. A right-of-way 100 feet wide, 5C feet on each gide of a center 14ittr--J - beginning at a point on the west boundary line of the said NE3/4_SWk,,_whence the - Southwest Corner of said Section 24 bears S. 33° 57' W. 2300 feet; thence N. 47' 37' E. 1150 feet more or less to the north boundary line of the said NE3 SWC. Also, beginning at a point on the west boundary line of the said SA NEI, whence the Southwest Corner of said Section 24 bears S. 39' 59' W. 4054 feet, i thence N. 47' 37' E. 314 feet more or less to a point; thence N. 39° 20' E. - 2727 feet lore or less to the north boundary line of the said NPS NBA of - Section 24. Together with right-of-way for guys and anchors at the angle point. t. I The party,of the first part hereby grants to the party of the second part A the right of ingress and egress to the above described premises, -on, over,. and across the NES Nam, Lot So. 1, S*W3/4 NES, NEk SWk, all in Section 24, - 014 Townahip 7 South, Range 96 West, of the 6th Principal Meridian, County of 4110 Garfield, State of Colorado, f -1r t'.^.e o-tr^o�e of constructing the line. a a 0 0 Together with the right of ingress and a::ess ower said premises, to survey. e'ettstruit, recuatatrvuit, na.ntab,. c; Brat.•. control an•t use bald li .cs and to remove object; or structures therefrom. The c:ar.terd reserve,( the right to cultivate and use said premises for any p> se consistent with the._. -- noT 1 T �rlii'eg�s above glinted and 'which will not interfere with or endanger the grantee's facilitresTereon, the use or any of the rights herein granted. Such reservation by the grantor shall not Include the right to erect or place any structures ,:r objects upon the easement Decency granted. In case the permanent abandonment of said ea_semert. all right. pnvilege and interest herein granted shall end. cease and determine_ Thework of installing, maintaining and recorstructing its facilities shall be done with care. and all damage to the premises caused thereby shall be paid for or repaired at the experse of the grantee. The provision3 of this easement shall be binding upon and shall inure to the benefit of the heirs, executors. administrators, successors and assigns of the parties hereto - .. D. 184° Signed and delivered this�L-S* -- _day of In the Presence of \14TP1 Qit IIARtiDo, sa 111{}- ; ' ` COUNTY OF.t-../d/ r/L' } *•.1 r, going Instrument was acknowledged before me this-.._-. 157, N------.da.aov� eM pea•--:_” -...- •titm.I•eri.:_:-.A-s• Ce. -1• _C.e14-•`er-s r• _/9,•-•!; ?:'•, tn4y p� hand and official se!<I -.... /�,9G 3 - . 3fr ronrraission expires (..'__"-;---/-2-9,. - 5 7 `��G xotars ?abbe Z .Atxt .2i. .1962 . _Beek 31,0 tbrwi.riN". f17059 . 111IS DEED. day of • 410:- y. ir •.f 11:9.141n.1 nine hundr...1 ... ....Recordr. Pae 287 ------- - - .11ECOltHEIrs, NTA.MP .::ellie i;. 'Hayward • 1- 1 !•:,,...-....ri•••.f--.a.,1...ra,f-41-rt-fir- all, . • — _ John '4. Savage and Joan L. Savage T!... (.7.unty of Garfield and State of Colorado, of the secon,1 part; - x% "1 It it tl..ijL part Y of the first riart:10-i-iiTirtco4sideratio-npf the sura of _ TEN DoiditlIS AND OTHER VALUABLE CONSIERATION 601:10NRA. S• E • an.1 die sai.l part y •.r the fir:: part fitliatt4 pabl be ii1 part ids of the second part, the an.1 urkre..w1,1;:e.1,1,4 s . granted barrmined, cold =Lc- onueyed,--- --1:5. • 0 a and by tin•,:e pr.-y.1014o es sTatit;FM-traiii. sell. convey ant erfirr: .into the eorr7ariiii cut,: nut '111 te nanCy-in • ; 71 s.,”ini part. heir.; an.1 as-ins!forTveriall the following (1.-rihed lot S or parcels - of ..11 sitnat,. lyinir.untl beim; in t enmity of Garfield - Star, f.',4,,rado, . Parcel 1: The !,a.lE,t and the t:!iSF.14,-and-the SE'4SE4 of Section 34, Township 7 South, Range 95 West of the Sixth Principal Meridian: Parcel 2: The 3E of of section 27:-Iand the NTIE4 of Section 34, all • in Tp. 7 S.,R. 95 %I., 6th P.A; • Parcel 3: 'The NWiSw4 of Section 24, Township -7 South, Range 96 West, - :Sixth p.n. . . - .a.r-ee1:-1-:---Eot i o-f7Sert-ion 23; Lot 5-of-SeCtiun-24T-TpT-7-S77-R. 96 A W., of the 6th P.;4. and all that part of Lot 5 and the ElISE4 of 4nr-tion 23, Tp. 7 3.,.R.-96-;4,-ef the 6th ::M. lying L.ortheLly of', I the Eollowido described line, which line is a line referred to in !. docun;ent ;:o. 100603, filed.with the County Clerk and Recorder of Garfield County, Colorado, to -wit: Beginning at a paint on the r • easterly line of said .Section 23; whence theV.i.corner of said 4._ section 23 bears :i. 1037.7 feet; thence running S. 71°26" W. 171940. feet to the easterly bank oE the Colorado River, containing 19 acAs t [::ore or less. arcel 5: The S;,:iSIO.; of-SecEibn-26, and -the WI:,Iris'iti df-Sectiorc 35, T,.7 S., R. 9, ::., 6th P.:1., -Garfield County, Colorado. • 11 arcel (::: Lot r: of Section 24, Tp. 7 S., R. 96 W. 6th P.M. _ ;I _ f. „ • '.: • • - • • 7.7r-e-itife.fii. them witn r • • 1 •• _,, use or Of-fecord prior containez! in pat - r.. ; !. • - • ; t • . - =, -her- heirs and •assigns, fi - . • • -. •. upon the above •lands . .• • - . •• • '. t : , 11 1.111, • 1• • e•• 1 - ••• 1.,.; •.•:. ..!...; s• Book 340. Page 28$ TE r 1•t•itr mime._ rTrim.o" on,71ng,or in anywise appertaining, and the reversion and reversions, telaaindrr and remainders, rents, ic;ncs and profits thereof; and e.11 the estate, right; title, iutcre_:, claim and deutanc1 whatsoever. of th,. said part y of the first -part either in lar: or trinity, of,- in and to ttlr above h:.rraincd premkt . with • the hereditaments and appurtenances. TO IIA\'E AND TO HOLD the said premises ahove hargainnl and chs, rit•ed, with the app arte- nances onto the said. part les . of the second part, theirheirs and assiunc ft-rev(r. And the said 1.1 Nellie G. Hayward part y of the first part, --fur — —herself, her_ heirs, executors and administrators, does covenant. grant. bargain _ end agree to and with the said part ie9 of the sceranl part, thei;K, irs and ac ignc, that at the - time of the ensealing and delivery of these presents she is well seized of the•prcmiccs Acme conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance in lay., -in fee -simple, and ha ve good right, full power and lawful authority to grant, bargain, sell and convey the same to manner and form aforesaid arid Ne same are free and clear from all former -and other grants, bargains, sales, liens, fans,-asses_°ments-and incurnbraeccs e s - ill-Triffiioi nature soever., - eiccept 1962 taxes and subsequent assessments. ! 14 •• 41.1.•%. 1 . r::- •...1 p: • : , s . • - • ;-,::, their t.• i:� rt•l • _I—._.....-:�..{-!+-• .-•rcr^-r—Tr,!-,1-'T1:.. •.r I -7 -any tart • ti r...f tl..: , i:•1 1 ut f •L. fi:,t 1'31J_•' •.n . ; "1 ..-ii1 11" I\ \CIT\i:.: \CIII:I:I i i'. T1. • � '• :i�l patl: .{ti... 1i. .11.,: ,i •, i. r. Tinto-.-? 'her L:4,1 1 -41 tl . •(.t} :001 p a - f,r.t ah.,. 11 t.• :,. • i I/.lir.-t;•1 i:. I'rr•r trr..( •.>.• 1LJ t:eliil� iia war3 ,1A1t 10171 A1. 10.btrt rt-/,,trVT. SrFab-: 1•C' 1i['1•11Lt11:-\It 1, 1'••:net� of -_a -fi i1a .. 1. G • '11 . for.: •i:1• i::-!rvr: • nt 77.;14 8• l: rt.•.ci.-,l_...11. ..r:• t.:..}.i tray (° e.."041.L/ G _ P- j }•1 ((4, by` Wiftlt ••: t:1r Iatt•I .u1 1 ..: ir•i•tl :•• al i r • t �1 ilF.fd:atai-v..a t . •f)�f n� •t. • -; ' i • r � , • • Re(Qpiwn ha 3.1:3722, APR 91991 RED A15DORF, RLCORtER SPECIAL WARRANTY DEED STATE OF TEXAS 1 COUNTY OF HARRIS KNOW ALL MEN BY THESE PRESENTS: That Exxon Corporation, a New Jer8ey corporation with address of 800 Bell P. 0. Box 2180), Nouston, Texas 77001 ('Grantor') for valuable consideration, the receipt and suf- ficiency of which is hereby acknowledged, has GRANTED, BARGAINED, SOLD, CONVEYED and TRANSFERRED, and by these presents does GRANT. BARGAIN, SELL, CONVEY and TRANSFER unto Battlement Mesa, Inc., a Delaware corporation with address of P. 0. Box 14342, Aurora, Colorado 80014 ("Grantee') all of the estate, right, title, interest, claim and demand whatsoever of Grantor in and to the following -described real property in Garfield County, Colorado, to -wit: Property set forth and described in Exhibit A attached hereto and made a part hereof and located in Township 7 South, Range 95 West and Township 7 South, Range 96 West, Garfield County, Colorado. and The Grantor excepts, however, from this conveyance and retains and reserves unto itself, its successors and assigns all oil, gas u er t ma other minerals in which it has an interest in and togetherwithwhat the be produced from the above-described property, right of ingress and egress at all times for the purpose of mining, drilling, exploring, operating and developing said property for oil, gas and other minerals and removing the same therefrom: and all water and water rights on, underlying, appurtenant to, or historically used in connection with said property. . —2,vn char, • STATE OF TEXAS 1 COUNTY OF HARRIS 1 The foregoing special Warranty Deed was acknowledged before me this 31st day of December. 1980, oration, a tsew ersey y as Assistant Secreta of Exxon Corpo corporation. Witness my hand and official seal. My commission expires: 2 S/ f . -.� v 1o;•.: t' . • . • . . . . r- EXHIBIT A 5'11 569 exE304 • S. Com-un:tv ""evelcoseot Prooerties. 1,--15.11±0oao-4440 The tract described as Colony 9019, being lots 13, 14, 15 and 16 of Block 6 of the Tads of c.ereel-44,14ar, Grand Valley, is not included as a part 2* C°L.r'Irl "36 of this Exhibit A. part of the NW/4 NW/4 of Section 8. Toynsh:p 7 South. Range 55 ,..est of tne 6th P.M.. descrihel as beginning at a .i.c:nt cn Nortn lime of County Road whence wia ccrner Section 7.Townsn:p 7 Sc.J%.., Range 95 West be 5..c.zth 75 degrees. l' Uest 5,290 feet; thence !::rth 0 degrees, 44 min..Ites, .est 745 feet; thence So4;th 89 degrees, le m:n,...tes, East 745 feet; thence 5c..:th 0 degrees, 44 mi(rites, East 745 feet to Wort!: llne of Cochty Road; tnence North es degreel 18 minutes, West 745 feet alohg.North line of County Aced to.point of beginning, containing 12.74 ScreS. more or less. 2. C0LONT 903/ The following described land. eituate, lying and beim; sn the county of r.arfield and State of Colo- rado, te-witt Lots 6 and 7 of Section 7, T. 7 S.. R. 95 W. of the dtb TA.. except: a. That portion heretofore conveyed to .7t% 0. Sorbet: by. warranty need dated July 15, 1946. and recorded in •=e records of Cer_iell county, colorado, as Doc -anent 7.0. 158075 in Book 218 at Piga 280: and b. That portion heretofore conveyed to miry willies,' by Warranty Deed dated :larch le. 1959, and recorded in the recerds Of Carfiold County, Colorado, as DOCUMWIt Na. 205421 in Book 317 at page 297. together with Fifty-one percent (51%1 of all minerals including oil and gas within or upon this property. The following described land. situte. lying and being in the County of Garfield and State of Cd10. rano, ta-.1i: Iownshi • Section le: 0W/4 NE/4 Containing 40.00 acres. sore or less -1- eglabalealliamatakelareallialllarleariatalaleij • • • ...vFvay`S.. gyw.y. r b" -`t P . 3O5 5, COLONY -9051 n are The following described land. situate. /o Colo - being in the County of Garfield and redo. to -wit: a 6th Tovns:i: 7 south Aanoe 5 Wes That portion of the SASE% testribed . Tract l: Section 5: a at t:•e sotth,est corner of said SWhSEhi: beginning 3' east a distance of 466.0 feet: then nort r.6r". 2'3 : then north .60'3 ees: a distance cf 9 .1 feet: 2.12 feet more or sect.: 81>3e' east a .i:eta he of di. e p! the Said S:+iS'ch;: then in a sou tor earl _. along said east lime to :t8 lune - ea_ -!rill` a :ti=:` lane o: the S'ASS1: then in a lune - non westerly irection line to tfe south- west along said south a _ cf begi3- veste::y .. �,e.p:::' vest c:_^er c! said ..i conn an 4. 561. hi :i.�s•'^_.e to tat conveyance Cared �aF from sa=es E Sea_'-'. _r. to PL`ac Service Cor -?any a'_ May 25. '.561. 'oor 324. at of a 242. a. :c_::= Book 334, Page 242. and re-rerordedrfeG rf end. 19eColorado. co, ergo Sia records Sections Garfield County. fwnship 7 covering lands is west, et P.M.. Garfield County, South, Range 55 Wiest• Colorado_ Tract 2: Section 6: Lot 11. Tract 3: Section 7: MEWEi • tract 4: Sectioa'8: 11.7A2except that portion described tint ca the north lice of _luny as beginning foat a a• alter come: of S4etiOn 7. T from which Southeth, nest e' 6th P.M. bear. 7• Thr 752 7 eon L`. istan e5 West. 75'26' reel a distance o! 5.190 fee:: face norths feet: =nen south 49 .0 Deas vest a nae of 7 o_ e5 stain.! of `45 feet; thenre south 0• ge•le' east, a di 7 8 feet to the north line 44' oast • G83 11e o. vest a distance of County 'port 84•ne• of County Road to wcaa �•e= of 745 feet a:c.^.; :he north lase the point of beginning. Tract 5: Section 8: E'y'e'.. s•-;ect to that conveyance dated from .lames F. Smite. Sr. to Ptt'i-c Ser - vie 4. 196;. _ 25. 1961 in Ser- vice 334p any ageColorado..anre—recordedp line 6. 1961. Dock Rook 334 a: page in Colorado, covering lards i 324, s Section*G5 handl 8 of. Te„nship 7 south. Range 95 West. 6th p.1t_• Garfield County. Colorado_ Trac 6: Section 8: That pprtion of the NEN lying tett of the center line of the presently existing read traversing the sandy the cernor of the u outh rection approkaately through Containing 275 acres. sere or less. 6_ CCLC`tT 9052 The following described land. situate, lying and being in the County of Garfield and State of Colo- rado. to -wit: Grow • • • strA 569 1.4E306 art.., Pace 95 Vr_st. E=`• T To�nsahl 7 e � YE.1 . N1y54hNEt I. Section 17: � • ' Containing 60 acres, more or less. 7. +__L 905 The following descrid land, sitd uatd e. lying and berg in the County oe Colorado, to -wit: . 7ownshi South• Ranoe 9S Vest. fi th P -M• 1C' 1 Section 5: N/2.SE/4. containing 60.00 acres. N12 NE/4 5E/4 5E/4• containing 5.00 acres• All that part of the 591/4 SE/4 lying north of a. line described as beginning at a sard-S466 SE/4. 6 feet north Of the southwest corner of thence south 67.30. east 94. 3e' eacontainingfeet. 17.73 acres. 87.30' east 694 feet, Lot 11. co?tainiag 39.50 acres. SE/4 SW/4. containing 40.00 acres. Lot 8, containing 41.72 scree- Lot f, containing 14.66 acres. Total acreage in Tract 1 being 238.13 acres. TRACT section 7: Lot 1. containing 2S acres. SE/4 NE/4, containing 40 acres. 512 SE/4. containing 60.00 acres. Total acreage in Tract 11 being 345.00 acres. TRACT Section le: NE/4 NW/4• containing 40.00 acres. Section 7: Lot 10, containing 32.00 acres. A11 that Part of the SE/4 SW/4 and WE/4 SW/4 of Section 7, except act 10. lving'vath-9 the follow- ing described land: Ses.r':in9 at the southwest Section 18. TownshipWorth corner Rf gee h�west4 -o•` th4. e 6 h. P -K.: thence South, nce o 95 thence Nar'•h 31.05' East a distance o o4 89 efeet. West a distance of 490 feet: thence North 09°26' USX distance of 29056e feet; thence North 1949 East a distance of 274 feet; thence North 2• distance of274 feet; thenceNor1'East a distance of 11D8.Sfeet:thenceNNorth 1'00' E ast -3+ Brit 56 1%13117 a distance of 433.5 feet: thence North 8.50' East a data nee of " feet, .2ne ;:e North '26' fast a distance of 100.2 feet. — _ __ Se -t 0 46' East a distance r of 43h.2 feet: .. thence South to the 1 Section 18. southeast [crier of the M15:4 s / :or-is^:D 7 SouL'.. Rance 55 Wiest of the 4th P•14•: and thence best to the ;.tint of beginning. Con- taining 5.25 acres. Total acreage in Tract 111 being 77.25 acres. TRACT iy. .Section 8: W/2 SW/4 containing 80 acres. NE/4 5w/4, containing 40.00 acres. S,/4 0E/4, containing 38.24 acres. Sw/4 Na'/4, containing 40.00 acres. Total acreage inTract IV being 196.24 acres. TRACT V Section 1b: SW/4 5W/4. cc»taiainq 40.00 acraa- Te al &Craig. in Tract V lxinq 40.00 acres. TRACT VZ Section 17: K/2 SE/4. containing BO acres. 5E/4 5E/4, containing 40.00 acres. E/2 SW/4 SE/4, containing 20 acres. VE/4 Sv/4. containing 40.00 acres. p/2 Ww/4 SW/4, containing 20.00 acres. 5/2 SW/4 NE/4, containing 20.00 acres. Y/2 Hw/4. containing 80.00 acres. SE/4 Na'/4. containing 40.00 acres. Sw/4 NW/4 (except a parcel of land in SW/4 W14 of Section 17, Township 7 So't2, Range 95 west des- cribed as beginning at the quarter corner between Sections 17 and 19. thence north 20 feet; hence east 30 feet to a new comer: thence north 14 rods; thence east 23 rods: hence south 14 rods; thence ..est 23 rods to t`.e true point of beginning. such excepted parcel containing 2.012 acres) containing 37.988 acres. Total acreage in Tract tit being 377.981 cores.. bill 569 tiG:3 7 • distaste of 433.5 feet; thence Earth 8'50' East _ tar: e ▪ dista ce Of 1:0 feet: i�.tnen 't Sott`� 92648 a distance of 1:0 2 feet; t: �- East a distance of 436.2 feet: thence South to the • southeast corner of the NE14 Kw/4. Section 18. Township 7 South. Range 95 wrest of the 4th P.N.: and thence Meat tr trepoint of beginning. Con.. taanioq 5.25 acres. • Total acreage in Tract I11 being 77.25 acres. TRACT sr Section 6: W/2 sW/4 containing 80 acrei. NE/4 SW/4. containing.40.00 acres. 5W/4 SE/4. containing 39.24 acres. SW/4 by/4, containing 40.00 acres. Total acreage'ia Tract IV being 190.24 acres. TRACT V Section 16: SW/4 $W/4. containing 40.00 acres- TotaS acreage in Tract V being 40.00 acres. TRACT 81 Section 17: 6/2 SE/4, cebtaininq 80 acres. SE/4 SE/4. containing 40.00 acres. E/2 SW/4 SE/4. containing 20 acres. NE/4 SW/4. containing 40.00 acres. 0/2 NW/4 SW/4, containing 20.00 acres. 8/2 SW/4 6E/4. containing 20.00 acres. 1( N/2 NW/4. containing 80.00 £Cres. SE/4 1(91/4. containing 40.00 acres. SW/4 0W/4 (except a parcel of land in SW/4 NW,4 of Section 17. :ownsa�p 7 South, Range 95 West des- cribed as begtr_:n8 at the quarter corner.becueea Sections. 17 and 15. thence Perth =C feet; thence cart 30 feet to a- new corner; t2(ence ncrtn 14 rode; thence east 23 rods: thence south 14 rods: thence vacs 23 rods el containing to the true 2.012 ~ acres; coniaao og . Such exexceptedF. pe 37.988 acres. Total acreage in Tract V1 being 377.982 acres. -4• wx 569 reA3O8 a Main, 6eCtion 16: N/2 NE/4. containing 80.00 atres. NE/4 5v/4. containing 40.00 acres. 3J/4 5E/4, containing 40.00 acres. N/2 ht/4 SE/4, containing 20.00 acres. SW/4 NE/4 SE/4, containing 10.00 acres. N/2 SE/4 NE/4 sE/4, containing 5.00 acres. 5E/4 hrd/4 :except that part lying north and west of the c^::-ty road. said exception being more particu- larly described as beginning at a point 187.9 fest north of the southwest corner of the sa dceid SE/firth Nw/4. thence north 22'19' east 106.2 feet; thence cart 12' east ; tencefeet: north thence 376.9 feet: 416.2c foot; thence north 73'33' east 136.9 feet; thence north veft 669.7' feet 4o.8 eeno thence nor`.: 87'04'45" 669.78 feet to tie 1131.55 f comer ee: the point5of4 NW/4; thence south beginning) containin9335.00•acres. Total acreage in Tract VII being 230.00 acres. mamma Section 7: A`1 that part of the NE.'4 5E/4 of 5eC- eid n 0thnard eas_rtholitef eo_fosaid county road righty road right ef y of way being deter:bed es eoraeaei09 at • point on the vest line of said Neo/4 5E/4. which point bears south 02'S6.5' vest 586.9 feet front the northwest corner of said NE/4 5E/4: thence south 75'07' east 196. feet; thence south 95'C3' thence 2t .2 et; t' south 51'12' east 67.0 feet, east 56.7feet: thence luth 2 east 63.8 feet 07'17a south 03°15' east 116.1 feet;thence south 028' vett 188.7 sousthence south 03'27' 124.8 feet: thence 01'23' vest 1029feet to the cocth life of sand NS/4 5E/:. and except that part described as beoir_rag at cns t..e nnortheesde south 02 6corne5' of the NE/4 SE,4'of Sect:on 7: .` veet'5E6.9 fleet: thence south 75•p1' east 196 fest: thence south 65'03' east 35 feet; north thence nerrtth 65'50' east 12.2 feet; thence 201 feet; thence north 02'36.5' east 650 feet: thence north 85'44' vest 485.4 feet fertsto o etre pothe ileff. of beg:nnlr'9, contalmnS 7.196 Total eCreegs in Tract VIII being 26.134 acres. But 569 F3t309 .TRACz: Section. 11: N12 NE/4. containing 60.00 acres. )L/4 SW/4. eettain=n9 40.00 acres. ya/4 «z/4. containing 46.00 hetes. N/2 Nte4 59/4. containing 20.00 acres. SW/4 NE/4 '5E/4. coniai?ir.9. 10.00 acres. W/2 SE/4 ?.a./4 51/4. containing 5.00 &Cres. 5E/4 Nv/4 :esrept that part lying north and west of the county :oat. said exception being sore partiev- larly descrihed as heg'rning a- a point 197.9 feet f the southwest corner cf. t.4 said SE.'4 Nv/4, thnorth e east 106.2 feet: thence north 25.49 east 73.49' 26.49' east 273.4 feet: thence North 20•44• east 416.2 feet; thence north 39'14' east 376.4 feet: thence reit= 73'33' east 139.9 feet: thence north 36.7' fest 46.8 feet: thence north 97'04'4S' west 669..78 feq= to the northwest corner of said St/4N1/4: thence south 1131.55 feet to the point. beginning? containing 35.00 acres. Total acreage in Tract VII being 230.00 acres. TRAcE VIII Section 7: A11'that part of the NE/4 SE/4 of Sec- tion 7 1yin- north of the county toed right of var. said north and east line of said county road riOnt of vay being des:r^a'ed as conmeneiag a. a point on the vest 'i -e of said A_/4 5E:4. which point boars south 02'36.5' west 566.9 feet from the northwest corner of said NE/4 5E/4; thence south 75'07' east 196 feet; t.^ence sou_ 61'03' east 92.6 feet: thence south 51'. east 67.0 feet. thence south. 32'41' east 56.7 feet: thence south 14'54' east 63.1 feat 07.1 vest 168.7 feet; thence south 3'27' southwest 124.6 feet; thence south 01'23' west 102.9 feet to the socth line of said NE/4 5E/4`eannddle cept. cepthat corner pars descrited as beginning at of the A=/4 51/4 of Section 7; thence south 02'56.S' west 596.9 feet; thence south 75'07' ease 1'54 feet: thence south 65'03` east 92.9 feet. thence 65'50' east 12.2 feet: thence north 65'44' east 201 feet; thence north 02'36.5' east 650 feet: thence noith 65'44' west 499.4 feet to the point of beginning. containing 7.196 acres. more or Lest. 'fetal acreage in Traci VIII being 26.634 acres. e?,K 569 mcE309 wns`.:n 7 Scut., Rano. .6 6th p.m. The tract described as IX, being the E/2 SW/4 of S11, and the W/2 SW/1 of 512, all in Township 7 South, Range 96 West, is not included as a part of this Exhibit A. Sect ▪ Sects Toul The tract described as X, being .1B Acres in 512, Township 7 South, Range 96 West, in Block 1 of Hurlburt's Addi- tion No. 1 to the Town of Grand Valley (now called Parachute), Colorado, is not in- cluded as a part of this Exhibit A. Y o 11- E/2 SE/4. containing 10.00 act 12: W/2 swill, eoataining 00.00 ac es. a• eage in Tract IX being 160.00 ■.•ee. TRACT X Section 17: A plot of ground 1D0 feio length by 25 feet in r dth located in Block 1 n 0urlburt's Addition No. to the Town of Gran • 'alley. Colorado in Section 1., Township 7 Scuta. a • e 96 Co th P.M. and descr-.ed e! beginning a• • point on the East lint of Se ' Block 1. 139.5 Bet North of the Southeast corner f said Block 7 thence West 100 feet to the Lest ine of said 2 one. thence North along the west li ., of said El•ck 25 feet: thence East 100 feet to t:" East lin • cf said Block. thence South 25 feet to th place o beginning. A plot of ground in B k 1 in Eurlhurt's Addition No. 1 to the Grand Val ey ownsite. being in the 11t/4 SE/a of Section 12 •-worship 7 South. Rance 96 west. 6th P.Y., desced as beginning as a point 77.5 feet running ••u_heasterly along the line of street from the N• -heist corner of said Block 1; thence Soothe -.rte• y along line of street 26 feet; thence South _ster at right angles 100 feet: thence Northwes erly a right angle.e26 t0 eet; thecae Northeasterly at rich • angles 100 the place of begs g. A plot of ground Block 1 of urlburt's Addition No. 1 to Grand V ley. Colorado, beia9 25 feet wide and 100 feet hon . end described s begina103 at a point 52.5 fe running Southea erly along the line of street roc "e Northeast ••rnef of said Block 1, then Southeasterly along Inc of street 25 feet: then c Southwesterly at rig 4 eagles 100 feet; thence .'orthwesterly at right glee 25 feet; thence Mort. asterly et richt angles 0 feet to the place beginning. A plot of ound to Block 1 of Burlburt' Addition No. 1 to rand Valley. Colorado. being 2. feet vide and 100 Bet long, and. described as heel nq at a pain- 50 feet running Southeasterly alon the line of str{et fro* the Northeast corner of said lock 11 therm Southeasterly along line of street 2. feet; than Southwesterly •t rignt angles 100 feet thence WortJ:westerlyet right angles 2.5 feet; then Worth - leas erly at right angles 100 feet to the place be nrung. otal acreage in Tract X being .11 acres. 1. COLONY 9071 The following .de scribed land. situate, lying end beim in the County of Garfield and State of Colorado, tcwit; 503 569 rict31.0 Battuant Peso Farm -Legal Property De Cr:pt:on PARCEL I Tow, -.ship 7 Soit . Ranee 95 West, 6th P.M. (Clarke and Jenny y Lands) Section 11 3 : Lot 1. Lot 2, Lot , /2 NE/4. E/2 W/ . E/2 SV/4, W/2 5E,/4 Section 30: Lot 4. Lot 5, Lot 7. Lot s. SW/4 NE/4. SE/4 NW/4. NE/4 SW/4 Township i Sones. Rance 96 Nest. 6th P.A. Section 24: Lot 1. E/2 Nt/4, SW/4 NE/4, NE/4 SW/4, A/2 SE/4 Containing 977.96 acres. tore or less. PARCEL 1I rwr,sh P 7 South. Range 95 West. 6th P.A. (Tucker Lands) Section le: Lot 4. Lot 5 Township 7 South, Ranee 96 Vest. 6th P.M. Section 13: Lot 6. Lot 7, Lot 14 Containing 145.40 acres, more or less. PARCEL 1II Townshia 7 So::-*. Rance 95 West. 6th P.A. (Morro Lands) SeCtion 17: V/2 5W/4 5W/4 (mineral ownership only 20 acres) Section 12: SE/4 SW/4, SW/4 SE/4 (5E/4 6E/4 sin. Pal ownership only - 40 acres) containing 140 acres, more or less. PARCEL IV Townshi 7 South Rance 95 West. 6th P.A. CMorrLands) Section 19: 5t/4 NE 4. SE/4 VE/4 Oral ownership. / Section 20: SW/4 AW/4. W/2 NW/411W/4 (mineral a.ner- ship on1Y 60 acres) containing 140 acres, more or less. PARCELS Townsti 7 South. Ran a 95 West 6th P.R. (Nelll* Bayward Ranch) Section 271 SW/4 SE/4 Section 34: NE/4, N/2 SE/4. 5E/4 SE/4 Township 7 South. Range 96 West, 6th P.M. Section 23: Lot 4, Lot 5. E/2 SE/4 Section 26: Lot S. Let 6. AW/4 SW/4 Section 26: SW/4 SW/4 -7. vrl 569 r:�311 Section 35: v/2 Kw/4 Containing 663.70 aczeS, more or less. PARCEL VI Township 1 South, Ranoe 96 vest, 6th P.N. (Jarvis Hayward Ranch) Section 25: S/2 5E/4 Section 26: Lot 1. Lot 4. Lot 5. Lot 4. N/2 5/2 Section 36: H/2 NE/4 Containing 403 acres., sore or less. Ndte: From out of the above described lands, a conveyance, of surface rights vas rade to Skyline 011 Company o0 the following lands: Township 7 South. Range 95 West. 6th, P.M. Section 17: W/2 SN/4 SW/4 (20 agree) Section 18: 5E/4 SE/4 (40 Acres) Section 19: NE/4 NE/4. SE/4 NE/4 (80 acres) Section 20: W/2 MW/4 NW/4, SW/4 VW/4 (60 acres) Containing 200 acres. 9. COLONY 9079 The following described land. situate. lying and being in the County of Garfield and State of Colorado. to -wit: Township 7 South. Ranoe 95 West of the 6th P.R. Tract A: Section 8: A11 of the NE45E4 and that port -o0 of the NE# lying east of Lhe center line of the pre- sently existing road traversing the said Neo in • north/south direction approximately through the center of said NE1. Tract 3: Section 9: N iN.14 k Tract C: Section 9: 5404j Tract D: Section 9: v4S% Tract E: section 9: SWysIE% Tract r: Section 9: A11 0! that portion of the £')4E lying north of the cuter line of the presently existing paved county road_ vnich bisects the Ey1124 in an east/west direction tear the boundary line between the NE4KEti and the SE NEia. 1 3 r, a..an..w?.,s.+.�s°yar.r+7.sw..: w ...rnr_.tont_cT:u.oas:.erem-.�.:.ass.:�-:o�M. �rorsw.w.a .^....-."..«„ '—",‘ BECA 569 recf312 Tract 0: Section 10: SAW% except a parcel described as beginning at the northeast corner of the said SuNtr , then vest 627 feet; then south 219 feet, then southeasterly 363 feet to a point which is 456 feat south of the north line of the said 55sOrdy; then east 169 feet: ten south 199 feet; then east. • 250 feet to the east Line of said SAWN; then north 655 feet to the point of beginning (such excepted parcel consisting of 7.6 acres, store or less). Stant H: Section 10: ANSA . Containing 550.59 acres. more or less. • • Recorded at / ; o'c Reception No. 3621E13 to JUN 031985 411BO0K 669 ricE7?`t rMIt RED ALSDORF, RECORDER G'.11FIELD COUNTY, COLORADO DECLARATION OF EASEMENT THIS DECLARATION, made on this date hereinafter set forth by BATTLEMENT MESA, INC., a Delaware corporation, hereinafter referred to as "Declarant"; WITNESSETH: WHEREAS, Declarant is the owner of real property as described in Exhibit "A" - entitled "UTILITY EASEMENT NO.36a & b" and as depicted on Exhibit "B" - entitled "UTILITY EASEMENT NO.36a & b" NOW, THEREFORE, Declarant hereby declares that all of the real property described above shall be held, sold and conveyed subject to the following easements which shall run with the real property and be binding on all parties having any right, title or interest in the described property, or any part thereof, their heirs, successors and assigns. Easements for the installation, construction, maintenance, alteration, repair, replacement, operation, and removal of underground electric lines and necessary related surface mounted equipment, natural gas lines, telephone service lines, cable television lines, water and sewer lines, and other similar utility type services and the maintenance, repair, replacement, operation and removal of overhead electric lines installed on or before the effective date of this easement are reserved as shown on Exhibit "B". Neither the Declarant nor any utility company or governmental entity using the easements shall be liable for any damage done by either of them or their assigns, their agents, or employees, to shrubbery, trees, flowers, crops or improvements located on the land covered by the easements. Declarant reserves to itself, its successors and assigns, the right to use the land covered by the easements for any and all purpJses, including the granting of other easements crossing such land, which do not unreasonably interfere with the use of the land for the purposes described above; provided, however, that in no event shall permanent buildings be placed thereon except as may be required for the purposes of these easements. Upon recording of this declaration of easement the easements herein above described are granted non -exclusively for utility type puLpuses as described above relating to the adjacent lands owned by Declarant. 1/6 • BOCK 669 'ncE "78 IN WITNESS WHEREOF, Battlement Mesa, Inc., as Declarant, has executed this declaration effective as of the day of 1985. o�•etary `3C,.,. (2Ie STATE OF 049.1.494,0_400 ) SS: COUNTY OF BATII»IENT MESA, INC. ViPresident The foregoing instrument was acknowledged before me this 3/57- day 1985 by Mr. R.A. Stonger, as Vice President of BATTLEMENT 1N a Delaware corporation. WITNESS my hand and official seal. My couniss%n expires: /o 2/6 Notary Public Address: 70? -240,101/1, • • • • EXHIBIT "A" Utility Easement No. 36a & b BccK 669 r1:cE'779 Being a parcel of land 30.00 feet in width, 15.00 feet on eadi side of the centerline herein described and situated in Sections 17, 18, and 19, Township 7 South, Range 95 West of the 6th Principal Meridian, and Section 24, Township 7 South, Range 96 West of the 6th Principal Meridian, Garfield County, Colorado and being more particularly described as follows: Utility Easement No. 36a Commencing, as a point of reference, at the center quarter corner of Section 24, Township 7 South, Range 96 West of the 6th Principal Meridian, frau which the east quarter corner of said Section 24 bears S 89°32'43" E a distance of 2673.12 feet with all bearings contained herein relative thereto and also based on the Colorado Coordinate System (Central Zone - Modified); Thence N 00°24'10" W a distance of 81.92 feet to the TRUE 1OINT OF BEGINNING of the centerline herein described, said point being on the westerly boundary of the BMI PUD as recorded in the Clerk and Recorder's Office, (Rec. No. 333476); Thence N 89°27'59" E a distance of 226.24 feet: Thence S 86°45'39" E a distance of 649.56 feet; Thence S 86°39'27" E a distance of 890.45 feet; Thence N 87°22'09" E a distance of 609.65 feet: Thence N 79°48'15" E a distance of 4206.24 feet: Thence N 00°56'53" E a distance of 777.85 feet; Thence N 00°57'03" E a distance of 2209.47 feet; Thence N 10°53'59" E a distance of 300.50 feet: Thence N 61°06'04" E a distance of 1599.35 feet; Thence N 00°51'56" E a distance of 330.42 feet to the POINT OF TERMINATION of herein described line from whence the east quarter corner of Section 18, Township 7 South, Range 95 West of the 6th Principal Meridian bears S 63°41'56" W a distance of 43.45 feet. Utility Easement 36b Commencing, as point of reference, at the center quarter corner Section 24, Township 7 South, Range 96 West of the 6th Principal Meridian from whidi the east quarter corner of said Section 24, bears S 89°32'43" E a distance of 2673.12 feet with all bearings contained herein relative thereto and also based on the Colorado Coordinate System (Central Zone - Modified); Thence N 43°34'05" E a distance of 667.50 feet to the TRUE POINT OF BEGINNING of the centerline herein described said point being on the southeasterly boundary of proposed Tamarisk Lift Station Plat. Thence S 43°30'18" E a distance of 601.55 feet to the POINT OF TERMINATION of said Parcel B, said point falling on the centerline of the herein described Parcel A. 3/6 1 • • 14 - ., IL 9 • A CI -›. • 0 400 It% • .." INiaZ1 .40' -.291 t`.° SCALE IN FEET viSDN s'6' s° /--- „ s to• Os" ‘gl-c'' 0 - - .• .....-- .1,-. ").---- 4‘,.:1/4 • .. 7\ , , • . .. 0.0°11741\ 1 1•113.. ...., ' ../ . • ,......2/ . ..,..0.7'..„..,.. .."'" l ./. • .e . . ' - t ;* JO .,..../ N 07°22409E - 609.65. ''. 0.B. U.E. N0.361# #: ...... S 45.3de E i #444 eR. -se •-'1'.____ , s es* 3027t 090. 45' BATTLEMENT MESA P.U.D. 1 ' t.%0- SI U.E.N0.36b 2 4° ...........''' ss645w649.56' UTILITY EASEMENT No.36aStb -- --' FMB. -IaN199.27.59"E . BASIS OF BEARING , 889" 3243“E . Turner Collie0Braden Inc. U.E. - 22624' ...444:4 CENTER 1/4 COR. CO/MUM ENGINEERS SECTION 24, T.TS. , 11.9SW. Se P.M. MRS AUSTKIALIALEL MOIHOUSTOWPOIRT ARTHUR °ooze tp" w 0:1101.4D0 DENVER/GRAND IUNC,ION 01.92 4/B - _6,11.1,4 *B. I Job 110. 9003-050 Irk. 1-90-03 SHEET 1 02 • • • 0 a a off ZO W W 0 J 0 x UTILITY EASEMENT No.36 a&b T. WN R.dolded a R.is�rton Ne 1• ...t_DRED ALSDORF, RECORD,, s LOJt TY, COLORADO EASEMENT t 1ot►mc M a3f��iili r '`� .r � JUL 0 9'1985 EASEMENT made this 4th day of June Battlement Mea Inn.. a__Delaware t'nrpnratinn of the County of Mesa , State of Colorado (hereinafter called "Grantor", whether one or more) and Colorado -Ute Electric Association, Inc., a Colorado corporation, having a principal office at 1845 S. Townsend Avenue, City of Montrose, County of Montrose, State of Colo. rado (hereinafter called "Colorado -Ute"). 1. In consideration of the sum of Ten Dollars and other valuable considerations dollars paid by Colorado -Ute to Grantor, the receipt of which is hereby acknowledged, and of the further agreements and considerations stated herein, Grantor hereby grants, bargains, sells, and conveys to Colorado -Ute and its successors and assigns forever, a non-exclusive easement and right-of-way for the construction, reconstruction, replacement, removal, upgrade, maintenance and operation of an electric transmission line consisting of poles or structures and appurtenances thereto, supporting one or. more electric circuits, together with the. right to alter, repair or remove the same in whole or in part at any time, which right-of-way shall extend 75 feet on each side of the center line of the described real property as shown on the attached Exhibit A (plus such additional area as is necessary to properly guy angle and deadend structures, if any, located upon said right-of-way), situated in Garfield County, Colorado, and described as follows: See Exhibit A-1 Additional Stipulations Parcel No_ RGJ-32, 34 & 36 Rifle -San Juan 345-kv Line BOOK 671 P4GE941 , 19 85, between A. All tangent and angle structure's design and color have been reviewed and approved by EMI and shall be originally constructed as approved: .The design and color of any future construction shall be subject to review and approval by BNI, which aoproval shall not be unreasonably withheld. B. ?.11 access road locations shall be field approved by 8}1I prior, to'co;istruction activities. C. All grade changes, cut or fill, must be contained within the easement boundaries. D. All existing fences and gates accessing the easement will be maintained in existing condition or better by Colorado -Ute at its own expense. 2. Grantor further grants to Colorado -Ute and its successors and assigns the right of ingress to and egress from the above-described right-of-way by means of existing roads and lanes, if there is such, on Grantor's adjoining lands, or by such route(s) as shall be agreed upon by Grantor and Colorado -Ute, as shown on the attached Exhibit B. Grantor may relocate any such road(s), provided that access to the rightof-way, satisfactory to Colorado -Ute, is maintained. 3. Colorado -Ute shall have the right to trim and to cut down and clear away any and all trees, brush, and shrubbery either on or off the right-of-way which now or hereafter in the opinion of Colo- rado -Ute may interfere with the safe operation and maintenance of the line or other equipment. Any and all trees cut and removed hereunder which are valuable for timber or wood shall remain the property of Grantor. All tops, lops, brush, and refuse wood shall be burned, chipped, scattered or removed by Colorado -Ute. 4. Colorado -Ute shall have the right to install, maintain, and use gates in all fences which now or hereafter cross the right-of-way. 5. Grantor shall have the right to use the right-of-way or grant use to other parties for any pur= poses which will notconstitute a hazard to life or limb or interfere with Colorado-Ute's full utilization of the rights hereby granted. Grantor shall not exercise such right to use the right-of-way or grant use for other parties without first giving Colorado -Ute at Ieast sixty (60) days prior written notice. By way of example (and not as a limitation), Grantor shall not erect or construct any building or other structure (including mobile homes or travel trailers), or store flammable or explosive materials, or conduct fueling operations, or construct, install or operate above ground mechanical irrigation facilities which could make an electrical contact with the conductors, or drill wells or conduct mining operations, or apprecia- bly alter the grade of the ground surface, within the right-of-way. Colorado -Ute shall not unreasonably withhold such permission. 6. Grantor agrees that all poles or towers, wires, and other facilities installed on the right-of-way at Colorado-Ute's expense shall remain the property of Colorado -Ute, removable at the option of Colorado -Ute, or its successors and assigns, and further agrees to the joint use or occupancy of the line by any other person, association, or corporation for electrification or telephone purposes. Form No. 273 Rev. 1.84 $pull G71 r 94' 7. Colorado -Ute shall use due care and diligence in the exercise of the rights and privileges granted ,herein; tosavoid damage to crops, Iivestock, fences, irrigation systems or other improvements or personal property within the right-of-way, including any access road(s). If any such damage occurs, and is caused by Colorado -Ute during the exercise of such rights and privileges, Colorado -Ute will compensate,,-oi ccause compensation to Grantor, or will repair such damage. -" "-- 8. In the event the transmission line is removed and the right-of-way is permanently abandoned, this easement shall be terminated by a quit claim deed from Colorado -Ute, or its successors and assigns, to Grantor(s), their heirs or assigns. 9. Grantor(s) represents that they are the owners of the above-described lands and that the said lands are free and clear of all liens and encumbrances held by persons claiming under Grantor, except those held by the following persons: As may be reflected in the records of Garfield County, State of Colorador a non- exclusive license to The Superior• Oil Company dated November 19, L984t and any easement or rights of way as may be determined by inspection of the above described lands. 10. This easement agreement shall be binding upon the heirs, successors and assigns of Grantor and the successors and assigns of Colorado -Ute. IN WITNESS WHEREOF, the undersigned Grantor(s) have set their hands this a'4/ ) day of Tunes , 19 (Please type or print name below signature) Battlement Mesa. Inc. ,SENO a Delaware Cor ration e4(.1 BY: 4/1-77 !^�as�obatC e • tary " vbt8:940Acknowledgement Form A for individuals, husband and wife, partnerships; use Form B for corporations) W4Ck +rand FORM A STATE OF COLORADO COUNTY OF ACKNOWLEDGEMENT ss. The foregoing instrument was acknowledged before me this day of 19_, by WITNESS my hand and official seal. My commission expires Notary Public FORM B CORPORATE ACKNOWLEDGEMENT STATE OF COLORADO ss. COUNTY OF ) The fore oing instrum w ackno edged before me this _ 1925, by , resident, and Secretary, of Q, J2y,.s. s ,G{}7712. et,/, Address day of � 1_, , • Rao -412,01, , WITNESS my hand and official Seal. My commission expires /b -414 - g ( , • }£'^' ,.COQ BATTLEMENT MESA INC. A DELAWARE .CORP LOT I, LOT 4, LOT 5,L r 6, N 1/2 SWI/4, SW,, -4 SWI/4,SECTION 26 WI/2 NW I/4 SECTION 35 T 7S., R.96W. 6th PM GARFIELD COUNTY, COLORADO N.86°26'40 W.--1400.95' ILOTI f OT 4 ( T5° 62� L � ;4)',4�''' _-- —1 rig' 1 / SWI/4 SW 1/4 /cv SW.COR. SEC. 26 FOUND 111/418 BLM ALUM. CAP ///n' W1/4 COR. SEC. 35 FOUND B.C. (3162.09) =GRID DISTANCE - FOUND SURVEY MONUMENT = SET SURVEY MONUMENT 2000 0 2000 BOOK 6'71 PAGE943 NE. COR. SEC. 26 FOUND BLM ALUM. CAP S.02°12' 231'W. ---584.71' STA. 1153+79.90 LOT 6 STA.I 1185 i-41.99 NI/2 SWI/4 WI/2 NWI/4 STA. 1240+67.36 S.88°14'I1"E-23.76' 4000 DRAWN BY SCALE IN FEET TLR BEARINGS ARE BASED UPON THE COLORADO STATE PLANE COORDINATE SYSTEM, CEN. ZONE. CHECKED BY B.A. DATE 03-28-84 SCALE: 1" = 2000' TITLE R.O.W. PLAT RIFLE — SAN JUAN 345 kV Transmission Line JOB NO. 66-0751- 110 PREPARED UNDER RESPONSIBLE SUPERVISION Of BRUCE ANTCLIFF AT THE OFFICES OF COMMONWEALTH ASSOC., INC. ENGLEWOOD, COLORADO PARCEL NO. . REV. OWNER COLORADO -UTE ELECTRIC ASSOC., INC. MONTROSE,COLORADO' COLORADO -UTE ELECTRIC ASSOCIATION INC. PARCEL RGJ-36 Legal Description Rifle -San Juan 345 kV Transmission Line Owner: Battlement Mesa, Inc. A Delaware Corp. l00x 671 Pe0E944 A strip of land 150 feet wide over a portion of Lot 1, Lot 4, Lot 5 and Lot 6, the N1 of the SW4, the SW4 of the SW4 of Section 26 and the Wz of the NW4 of Section 35, Township 7 South, Range 96 West of the 6th Principal Meridian, Garfield County, Colorado, the centerline of which is described as follows: Commencing at the Northeast Corner of said Section 26; thence N 86026'40" W, 1400.95 feet to the Northeast Corner of said Lot 1; thence S 02012'23" W along the East line of said Lot 1 a distance of 584.71 feet to the point of beginning; thence. S 52054'53" W, 3163.03 feet; thence S 17032'34" W, 5527.01 feet to the South line of said WZ of the NW4 of Section 35 and the point of ending, said point being S 88014'11" E, 23.76 feet from the W4 Corner of said Section 35. The Northerly sideline of said strip to be prolonged or shortened to begin on the East line of Lot 1 of Section 26, meet at the angle point and end on the West line of the 141 of the NW4 of Section 35. The Southerly sideline of said strip to be prolonged or shortened to begin on the East line of Lot 1 of Section 26, meet at theangle point, and end on the South line of the W-1 of the 0114 of Section 35. Said strip contains 29.81 acres, more or less. Bearings based on the Colorado Coordinate System, Central Zone. I certify that this survey was performed by me or under my direct responsibility and supervision and is true and correct to the best of my knowledgeand belief. .cum , 4-4-84 Bruce Antcliff L.S. #.18253 omunlitto • t,AFG Ti*e 18253 c,4 �: `':yN�:�9 o�O� Exhibit A-1 • BATTLEMENT MESA, INC. A DELAWARE CORP SEI/4 SEI/4 SECTION 23 T.7S., R. 96W. 6th PM GARFIELD COUNTY, COLORADO eaox 6'71 r!SE945 k" ---E.1/4 COR. SEC. 23 FOUND PIPE STA.1144+82.67 (896.657 = GRID DISTANCE —�-- = FOUND SURVEY MONUMENT = SET SURVEY MONUMENT 400 0 400 800 SCALE IN FEET STA. 1135 +86.02 SE COR. SEC. 23 FOUND BLM ALUM. CAP BEARINGS ARE BASED UPON THE COLORADO STATE PLANE COORDINATE SYSTEM, CEN. ZONE. ,RAWN BY YLR CHECKED BY B.A. 0,0 3,, 3T /p •. *ap\\liilll1T77i1ry,, � f,F ANT o �0 q;, •*�� y r:..r. * a ,/�C 0 F 0' O»\\\' EXHIBIT 'b' DATE 03-2 9-1341 SCALE: 1" = 400' TITLE R.O.W PLAT RIFLE — SAN JUAN 345 kV Transmission Line JOB NO. 66-0751-110 PREPARED UNDER RESPONSIaLE SUPERVISION OF BRUCE ANTCLIFF AT THE OFFICES OF COMMONWEALTH ASSOC., INC. ENGLEW00D,COLORADO PARCEL NO. RGJ34 REV. OWNER COLORADO—UTE ELECTRIC ASSOC., INC. MONTROSE, COLORADO COLORADO -UTE ELECTRIC ASSOCIATION INC. PARCEL RGJ-34 Legal Description Rifle -San Juan 345kV Transmission Line Owner: Battlement Mesa, Inc., A Delaware Corp. BOOK 671 racE94 A strip of land 150 feet wide over a portion of the SE4 of the 5E4 of Section 23, Township 7 South, Range 96 West of the 6th Principal Meridian,. Garfield County, Colorado, the centerline of which is described as follows: Commencing at the E4 Corner of said Section 23; thence S 01002'59".W along the East line of the SE4 of said Section 23 a distance of 2093.22 feet to the point of beginning; thence S 52054'53" W, 896.92 feet to the South line of said SE4 of the SE4 and the point of ending, said point being N 86026'40" W, 706.15 feet from the Southeast Corner of said Section 23. The sidelines of said strip to be prolonged or shortened to begin on the East line and end on the South line of the SE4 of the SE4 of Section 23. Said strip contains 3.09 acres, more or less. Bearings are based on the Colorado Coordinate System, Central Zone. I certify that this survey was performed by me or under my direct responsibility and supervision and is true and correct to the best of my knowledge and belief. V 4-4-84 Bruce Antcliff L.S. #18253 Onnrrrtni, • s &./.4;4% • * 18253 *_ cp •:.74, Acy C �: Exhibit A-1 BATTLEMENT MESA, INC. A DELA`"'ARE CORP NWI/4 SEI/4, LOT 3, NEI/4 SWI/4 SECTION 19-T.7S., R.95W. 6th PM NI/2 SI/2 SECTION 24 T. 7S.,R96W. 6th PM GARFIELD COUNTY, COLORADO W1/4 COR. SEC. 24 FOUND PIPE 501°0259"W. 1339.01' (0 to rn IIcevi QEXIST. TRANS. LINE STA.II10+90.49 BOOK 671 racE947 E.C.1/I6 COR, SEC. 19 FOUND BLM ALUM. CAP E.I/4 COR. SEC. 19 N_88°4290'W. FOUND B.0 1318.18 5.89°42'38'E. 882.22' 89°4849 W. Nl/2 S1/2 • 18 LOT 3 STA_1124+17.67 (1327.18) r730 _8.95 I3068') (75 S.49°12'41"W. 1327. (1327.18) = GRID DISTANCE -+- = FOUND SURVEY MONUMENT = SET SURVEY MONUMENT 2000 0 2000 4000 SCALE IN FEET DRAWN BY TLR 7 I '\ NEI/4 SWI/4 NW l/4 SE 1/4 5_00°11'10"W. 368.78 STA. 1037+83.91 BEARINGS ARE BASED UPON THE COLORADO STATE PLANE COORDINATE SYSTEM, CEN. ZONE. CHECKED BY B.A. M • , O ltlCtt01111 ����\\\\ EXHIBIT 'A' DATE 03-29-84 [SCALE: 1" = 2000' TITLE R.O.W. PLAT RIFLE —SAN JUAN 345 kV Transmission Line JOB NO. 66-0751- 110 MEIAIIED UNDO IIERoNSIBLE:UrEAVISION Of BRUCE ANTCLIFF AT THE OFFICES OF COMMONWEALTH ASSOC., INC. ENGLEW000, COLORADO PARCEL NO. RGJ32 REV. OWNER COLORADO—UTE ELECTRIC ASSOC., INC. MONTROSE, COLORADO COLORADO -UTE ELECTRIC ASSOCIATION INC. PARCEL RGJ-32 Legal Description Rifle -San Juan 345 kV Transmission Line Owner: Battlement Mesa, Inc. A Delaware Corp. BOOK 671. PAcE948 A strip of land 150 feet' wide over a portion of the NWI of the SE4, Lot 3, the NE4'of the SW4 of Section 19, Township 7 South, Range 95 West and the N1 of the S2 of Section 24, Township 7 South, Range 96 West of the 6th Principal Meridian, Garfield County, Colorado, the centerline of which is described as follows: Commencing at the E4 Corner of said Section 19; thence N 88042'00" W, 1318.18. feet to the Northeast Corner of said NW4 of the SE4 of Section 19; thence S 00011'10" W along the East line of said NW4 of the SEI of Section 19 a distance of 368.78 feet to the point of beginning; thence N 89048'49" W, 7308.95 feet to a point at right angles to and 125 feet southeasterly of the centerline of the existing Cameo -Hopkins Ranch 230 kV transmission line; thence S 49012'41" W, parallel with said transmission line 1327.61 feet to the South line of the Nil of the S1 of said Section 24 and the point of ending, said paint being S 01002'59" W, 1339.01 feet and S 89042'38" E, 882.22 feet from the W4 Corner of said Section 24. The sidelines of said strip to be prolonged or shortenedto begin on the East line of the NW4 of the SEI of Section 19, meet at the angle points and end on the South line of the NI of the Sh of Section 24. Said strip contains 29.73 acres, more or less. Bearings based on the Colorado Coordinate System, Central Zone. I certify that this survey was performed by me or under my direct responsibility and supervision and is true and correct to the best of my knowledge and belief. 4-4-84 Bruce Antcliff L.S. #18253� EaFRFc.„>,. 0 `1 18253 . i_ •�-es.•• �sum vo�Sxhibit E A -1Q. .•Q //O . 0o .0 • • • Clerk and Recorder Recording Information 1 11111111 1111111 111111 111 111111 111 1111!11111111111111 III► 524195 04/28/1998 02:12P 81064 P707 M ALSDORF 1 of 1 R 6.00 D 0.00 GRRFIELD COUNTY CO WEST DIVIDE WATER CCNSEE''ANCY : :LSTRICT MEMORANDUM OF WATER ALLOTMENT ::ONTRACT DATE: April 22, 199_, CONTRACT HOLDER: CONTRACTEE: West Divide Water conservancy Distr_ct P. 0. Box 14'78 Rifle, Colorado 81650 Telephone: (970) 625-1887 Facsimile: (970) 625-4448 Battlement Mesa Development, Inc. 201 North Mill Street, Suite 201 Aspen, CO 81611 West Divide Water Conservancy District has granted to Contractee through Water Allotment Contract No. 980109BMD(a), activated the 26th day of February, 1998, the right to beneficially and perpetually use water or water rights owned, leased, or hereafter acquired by West Divide Water Conservancy District, upon payment of certain fees set forth in the contract, for the following real property in Garfield County, State of Colorado: A pond located- in Se-at:ran 24, Township 7 South, Range 96 West of the 6th P.M. at a point 3200 feet from the south section line and 3400 feet from the east section line of said Section 2.4-. Well Permit No.: Quantity of water allotted in acre feet: 25.236 Said Water Allotment Contract is subject to the conditions for obtaining a well permit from the Colorado Division of Water Resources and approval of augmentation plan or substitute supply plan. The benefits and obligations contained in the contract shall inure to the heirs, successors, and assigns of the real property described herein. Inquiries should be directed to: West Divide Water Conservancy District (see address above) or Orlyn Bell, Division 5 Engineer Division of Water Resources 50633 U.S. Hwy 6 & 24 P. 0. Box 396 Glenwood Springs, CO 81602 Telephone: (970) 945-5665 Hal D. Simpson, State Engineer Division of Water Resources 1313 Sherman Street, Room 818 Denver, CO 80203 Telephone: (303) 866-3581 THIS MEMORANDUM OF WATER ALLOTMENT CONTRACT REFERS TO, AND IS SUBJECT TO, THE TERMS AND PROVISIONS CONTAINED IN SAID UNRECORDED WATER ALLOTMENT CONTRACT, WHICH CONTRACT MAY RESULT IN FINANCIAL OBLIGATIONS ON THE PART OF THE LANDOWNER. FAILURE OF THE LANDOWNER TO PAY THE CONTRACT OBLIGATIONS MAY RESULT IN LEGAL ACTION TO PREVENT FURTHER USE OF THE SUBJECT WELL AND WELL WATER. WEST DIVIDE WATER CONSERVANCY DISTRICT By Kelly uey, Pre ident After recording return to West Divide Water Conservancy District, P. O. Ilex 1474. Rifle. CO 81610-114/8 Cleric and Recorder Recording Information 1 111111 11111 111111 11111 1111 1111111 11111 IH 11111111! 1111 569530 09/16/2000 03:56P B1207 P979 M ALSDORF 1 of 1 R 5.00 D 0.00 GARFIELD COUNTY CO r�� Contract # 980109B MEW Map ID # 274 Date Activated 2/26/98 WEST DIVIDE WATER CONSERVANCY DISTRICT APPLICATION FOR CHANGE OF OWNERSHIP Water Allotment Contract #: 980109BMD(b) Date: Name of Contract Holder: Battlement Mesa Development, Inc. Name and Address of Assignee: James Lynch, 27281 Hidden Trail Road, Laguna Hills, CA 92653 and Luis Chanes, 25731 Pacific Crest Drive, Mission Vieio. CA 92692 Amount of Water Assigned in Acre Feet: 25.236 Legal description of parcel where well is located: A pond located in Section 24, Township 7 South, Range 96 West of the 6th P.M. at a point 3200 feet from the south section line and 3400 feet from the east section line of said Section 24. Recording Information of Memorandum of Water Allotment Contract: County: Garfield Reception No.: 524195 Book: 1064 Page: 707 The undersigned Contract Holder and Assignee do hereby give notice to and make application to West Divide Water Conservancy District for the assignment of the above described Water Allotment Contract. By signing this instrument, Assignee does hereby agree to assume and be bound by the terms and conditions of said Water Allotment Contract and all addenda and exhibits thereto. It is understood that Contract Holder is released from performance under said contract to the extent that such performance has been hereby assumed by Assignee. Signed the date first appearing above. Battlement Mes evel9Qment, Inc. by Ja .LynchL u• is Chanes STATE OF ) ) ss. COUNTY OFFi V1). ) The foregoing instrument was acknowledged before me on this /%47S4 -p -Ir ro•bn Ore —4141-4--tA. for Battl Witness my hand and official seal. My commission emirs: N Public STATE OF CALIFORNIA ) )ss. Sa.. Ly INt. COUNTY OF ORANGE ) 1. l Eedged before me on this 1dd `t ay of ATa,L Lynch. day of Hent Mesa Develops* , 2009117, a. ydlON d'`J ,,�,� ,MARGO CONsU Q IV r4 NOOYPPU IO fORRIA STATE OF CALIFORNIA ) )ss. COUNTY OF ORANGE by Luis Chanes. My commission expires: N'sl, 4, 7.0 >r; , 2000, by ~ James NotdryPBblic ARLENEGHANI Commission # 1220775 Notary Public - Colfomlq „ orange The foregoing instrument was acknowledged before me on thisot ' day of C l , 2000, Witness my hand and official seal. My c. i ission exist N Public APPROVED BY WEST DIVIDE WATER CONSERVANCY DISTRICT /6,, 2©04D Date J After recording return to West Divide Water Conservancy District, P. 0. Box 1478, Rifle, CO 81650-1478 • Cle?k and Recorder Recording Inforrnation 1111111 IIIA 111111111111 III 111111111111 III IIIA 11111111 652499 05/20/2004 01:33P B1589 P598 M ALSDORF 1 of 4 R 21.00 0 0.00 GARFIELD COUNTY CO WEST DIVIDE WATER CONSERVANCY DISTRICT APPLICATION FOR ASSIGNMENT OF OWNERSHIP Water Allotment Contract #: 980109BMD(c) Date: Name of Contract Holder: JAMES LYNCH and LUIS CHANES Name and Address of Assignee: SPECIALTY RESTAURANTS CORPORATION 8191 EAST KAISER BLVD., ANAHEIM, CA 92808 Amount of Water Assigned in Acre Feet: 25.236 Legal description of parcel where well is located: THAT REAL PROPERTY DESCRIBED ON EXHIBIT A, ATTACHED HERETO AND INCORPORATED HEREIN. Contract # 980109BMD(c) Map ID# 274 Date Activated 2/26/98 Recording information of Memorandum of Water Allotment Contract: Recording Information of Prior Assignment of Water Allotment Contract: County GARFIELD Book 1064 County GARFIELD Book 1207 Reception No. 524195 Page 707 Reception No. 569530 Page 979 The undersigned Contract Holder and Assignee do hereby give notice to and make application to West Divide Water Conservancy District for the assignment of the above described Water Allotment Contract. By signing this instrument, Assignee does hereby agree to assume and be bound by the terms and conditions of said Water Allotment Contract and all addenda and exhibits thereto. It is understood that Contract Holder is released from performance under said contract to the extent that such performance has been hereby assumed by Assignee. Signed the date first appearing above. JAMLYNCH SPECIALTY RESTAURANTS CORPORATION BY STATE OF t Jit ' ) ) ss. COUNTY OF ) The forego " g instrument was acknowledged before me on this LUIS C1-IANES L _� THEiPiI�'9F�PpcFb ffcial seal. 1 y/It?'!!c� COMM. # 1261003 m ''; NOTARY PUBLIC-CAUfORNIA ORANGE COUNTY r. My Comm$s�on ARK 2004 rr .r ) ss. COUNTY OF t RA -411-3- ) CHANES. STATE OF COUNTY OF by My commission expires: a'• '1 Notary Public 204by JAMES The foregoing instrument was acknowledged before me on this (.je( day of rex e,t,i,Cx200NbyLUIS Witness my hand and official seal. ) ss. My commission expires: s cR Y /8 LDo cF Notary Public R.S. ADLER 6 ..lw Vii_ COMM...1362173 { r] tti '.` ' .:U4 NOTARY PU8JC- IFORNIA —I M ORANGE COUNTY W aa My Term Exp, July 1E, 200E j The foregoing instrument was acknowledged before me on 41ii. Jay of , 20_, Witness my hand and official seal. 1- ^.`. APPROV-ED,DIVIDE WATER • SERVANCY DISTRICT My commission expires: Notary Public • President ' - Date After recording return to West Divide Water Conservancy District, P. O. Box 1478, Rifle, CO 81650-1478 (970) 625-5461 Clerk and Recorder Recording Information 1111111 11111 111111 111111 111 11111 111111 11111 11111111 652499 05/20/2004 01:33P 81589 P599 M ALSDORF 2 of 4 R 21.00 D 0.00 GARFIELD COUNTY CO WEST DIVIDE WATER CONSERVANCY DISTRICT APPLICATION FOR ASSIGNMENT OF OWNERSHIP Contract # 980109BMD(c) Map ID # 274 Date Activated 2/26/98 Water Allotment Contract #: 980109BMD(c) Date: Name of Contract Holder. JAMES LYNCH and LUIS CHANES Name and Address of Assignee: SPECIALTY RESTAURANTS CORPORATION 8191 EAST KAISER BLVD., ANAHEIM, CA 92808 Amount of Water Assigned in Acre Feet: 25.236 Legal description of parcel where well is located: THAT REAL PROPERTY DESCRIBED ON EXHIBIT A, ATTACHED HERETO AND INCORPORATED HEREIN. Recording Information of Memorandum of Water Allotment Contract: Recording Information of Prior Assignment of Water Allotment Contract: County GARFIELD Book I064 County GARFIELD Book 1207 Reception No. 524195 Page 707 Reception No. 569530 Page 979 The undersigned Contract Holder and Assignee do hereby give notice to and make application to West Divide Water Conservancy District for the assignment of the above described Water Allotment Contract. By signing this instrument, Assignee does hereby agree to assume and be bound by the terms and conditions of said Water Allotment Contract and all addenda and exhibits thereto. It is understood that Contract Holder is released from performance under said contract to the extent that such performance has been hereby assumed by Assignee. Signed the date first appearing above. JAMES LYNCH LUIS CHANES SPECIALTY RESTAURANTS CORPORATION BY Joh" D. Tallichet, President STATE OF ) ) ss. COUNTY OF LYNCH. STATE OF COUNTY OF CHANES. The foregoing instrument was acknowledged before me on this day of , 20_, by JAMES Witness my hand and official seal. My commission expires: Notary Public ) ss. The foregoing instrument was acknowledged before me on this day of ,20�byLUIS Witness my hand and official seal. My commission expires: Notary Public STATE OF Cf1•41 F.ORJJio4 ) ) ss. COUNTY OF c, 4)G 6 ) The foregoing instrument was acknowledged before me on this /I day of %BRts.F1,LV , 20Q by *To +.1 , IRE IDEXIT Witness my hand and official seal. My commission expires: -,'1:.7- 0 5� LYNETTE M. KELLUM 4 Comm.,11341842 ,,^^ NOM MIIC•t lar01t0A v, ounty *COM E piM F.b.27.1006 APPROVED BY WEST D ublic CONSERVANCY DISTRICT President Date After recording return to West Divide Water Conservancy District, P. O. Box 1478, Rifle, CO 81650-1478 (970) 625-5461 • • • 1111111 11111 111111 111111 111 111111 111111 111 11111 11111111 652499 05/20/2004 01:33P 91589 P600 M ALSDORF 3 of 4 R 21.00 D 0.00 GRRFIELD COUNTY CO Parcel 4 A parcel of land in the NE1/4 of Section 23, and NW 1/4 of Section 24, Township 7 South, Range 96 West of the 6th P.M., Garfield County, Colorado, more particularly described as follows: Beginning at a point on the North right-of-way line of County Road 300 whence the East Quarter Corner of said Section 23 being a brass cap found in place bears South 25°40'32" West a distance of 152.80 feet; thence along said North right-of-way line of County Road 300 for the following three (3) courses: 1) along the arc of a curve to the left 25.92 feet, said curve having a radius of 1495.67 feet, a central angle of 0°59'35", and a chord which bears 85°49'00" West a distance of 25.92 feet; 2) thence along the arc of a compound curve to the left 52.60 feet, said curve having a radius of 492.03 feet,a central angle of 6°07'32", and a chord which bears South 82°1527" West a distance of 52.58 feet; 3) thence along the arc of a curve to the left 165.39 feet, said curve having a radius of 610.62 feet, a central angle of 17°23'46", and a chord which bears South 74°38'46" West a distance of 184.68 feet; thence North 40°01'48" West a distance of 953.04 feet; thence North 70°35'50" West a distance of 974.71 feet to a point on the centerline of the Colorado River; thence along the centerline of the Colorado River for the following six (6) courses: 1) North 45°14'09" East a distance of 287.51 feet; 2) thence North 68°21'47" East a distance of 319.36 feet; 3) thence North 65°02'09" East a distance of 513.54 feet; 4) thence North 68°46'58" East a distance of 335.91 feet; 5) thence South 80°44'16" East a distance of 312.28 feet; 6) thence South 64°25'12" East a distance of 79.70 feet; thence South 04°41'01" East a distance of 1574.80 feet to the POINT OF BEGINNING. Parcel 6 A parcel of land in the E1/2 of Section 23, Township 7 South, Range 96 West of the 6th P.M., Garfield County, Colorado, more particularly described as follows: Beginning at a point on the Northerly right-of-way line of County Road 300 whence the East Quarter Comer of said Section 23 being a brass cap found in place bears North 13°44'32" East a distance of 501.90 feet; thence along said Northerly right-of-way line of County Road 300 for the following three (3) courses: 1) along the arc of a curve to the right 86.31 feet, said curve having a radius of 162.81 feet, a central angle of 30°22'27" and a chord which bears South 05°39'11" East a distance of 85.30 feet; 2) thence South 09°32'03" West a distance of 350.00 feet; 3) thence South 09°23'39" West a distance of 78:54 feet; thence North 80°58'40" West a distance of 2057.96 feet to a point on the centerline of the Colorado River; thence along the centerline of the Colorado River for the following three (3) courses: 1) North 22°02'00" East a distance of 140.57 feet; 2) thence North 10°47'56" East a distance of 391.52 feet; 3) thence North 01°04'52" West a distance of 482.42 feet; thence South 67°40'12" East a distance of 2138.25 feet to the POINT OF BEGINNING. Parcel 7 A parcel of land in the SE1/4 of Section 23, Township 7 South, Range 96 West of the 6th P.M., Garfield County, Colorado, more particularly described as follows: Beginning at the Northeast Corner of the SE1/4SE1/4 of said Section 23 being a brass cap found in place; thence along the East line of said SE1/4 of Section 23 South 00°34'13" East a distance of 433.54 feet; thence North 78°07'40" West a distance of 2424.33 feet to a point on the centerline of the Colorado River; thence along the centerline of the Colorado River for the following two (2) courses: 1) North 05°47'38" East a distance of 351.21 feet; 2) thence North 22°02'00" East a distance of 276.00 feet; thence South 80°58'40" East a distance of 2057.96 feet to a point on the Westerly right-of-way line of County Road 300; thence along said Westerly right-of-way for the following three (3) courses: 1) South 09°23'39" West a distance of 78.54 feet; 2) thence South 10°23'54" West a distance of 194.03 feet; 3) thence South 08°34'48" West a distance of 64.16 feet; thence South 61°25'12" East a distance of 60.51 feet to a point on the Easterly right-of-way line of County Road 300; thence South 87°56'48" East a distance of 194.37 feet to the POINT OF BEGINNING. Parcel 8 A parcel of land in the SE1/4 of Section 23, Township 7 South, Range 96 West of the 6th P.M., Garfield County, Colorado, more particularly described as follows: Beginning at the Southeast Corner of said Section 23 being a brass cap found in place; thence along the South line of said SEI/4 of Section 23 North 88°03'38" West a distance of 825.98 feet; thence North 00°00'51" East a distance of 561.17 feet; thence North 77°49'28" West a distance of 1488.72 feet to a point on the centerline of the Colorado River; thence along the centerline of the Colorado River for the following two (3) courses: 1) North 19°57'20" West a distance of 65.96 feet; 2) thence North 17°35'35" West a distance of 308.24 feet; 3) thence North 05°47'38" East a distance of 146.47 feet; thence South 78°07'40" East a distance of 2424.33 feet to a point on the East line of said SE1/4 of Section 23; thence along the East line of said SE1/4 of Section 23 South 00°34'13" East a distance of 905.93 feet to the POINT OF BEGtNNING. File No. 0311015-R Parcel 1 A parcel of land in the NW1/4 of Section 24, Township 7 South, Range 96 West of the 6th P.M., Garfield County, Colorado, more particularly described as follows: • 1111111111111111111111111111111111111111111111111111111 652499 03/20/2004 01:33P 61989 PS01 M 'LSDORF EXHIBIT "A" 4 of 4 R 21.00 D 0.00 GARFIELD COUNTY CO Beginning at a point on the intersection of the East line of said NW1/4 of Section 24 and the North right-of-way line of County Road 300 whence the Center Quarter Corner of said Section 24 being a 3" BLM Aluminum Cap found in place bears South 00°38'14" East a distance of 56.99 feet; thence along said North right-of-way line of County Road 300 for the following four (4) courses: 1) the arc of a curve to the left 110.46 feet, said curve having a radius of 328.46 feet, a central angle of 19°16'09", and a chord which bears South 84°22'33" West a distance of 109.94 feet; 2) thence South 81°43'07" West a distance of 32.40 feet; 3) thence along the arc of a non -tangent curve to the right 315.75 feet, said curve having a radius of 660.59 feet, a central angle of 27°23'11", and a chord which bears North 89°09'47" West a distance of 312.76 feet; 4) thence along the arc of a reverse curve to the left 81.32 feet, said curve having a radius of 272.80 feet, a central angle of 17°04'48", and a chord which bears North 84°00'36" West a distance of 81.02 feet; thence leaving said right-of-way North 28°1813" West a distance of 2063.95 feet to a point on the centerline of the Colorado River; thence along the centerline of the Colorado River for the following ten (10) courses: 1) North 48°06'30" East a distance of 314.36 feet; 2) thence North 54°53'33" East a distance of 278.90 feet; 3) thence South 12°23'18" East a distance of 179.48 feet; 4) thence South 30°56'39" East a distance of 110.09 feet; 5) thence South 26'56'25" East a distance of 276.96 feet; 6) thence South 23°24'54" East a distance of 276.15 feet; 7) thence South 12°02'45" East a distance of 69.66 feet; 8) thence South 09°58'45" West a distance of 125.89 feet; 9) thence North 83°48'16" East a distance of 498.70 feet; 10) thence South 69°35'50" East a distance of 233.73 feet to a point on the East line of said NW 1 /4 of Section 24; thence along the East line of said NW 1/4 of Section 24 South 00°38'14" East a distance of 1195.36 feet to the POINT OF BEGINNING. Parcel 2 A parcel of land in the W1/2 of Section 24, Township 7 South, Range 96 West of the 6th P.M., Garfield County, Colorado, more particularly described as follows: Beginning at a point on the North right-of-way line of County Road 300 whence the Center Quarter Corner of said Section 24 being a 3" BLM Aluminum Cap found in place bears South 84°10'53" East a distance of 538.18 feet; thence along said North right-of-way line for the following two (2) courses: 1) along the arc of a curve to the left 168.27 feet, said curve having a radius of 272.80 feet, a central angle of 35°2022", and a chord which bears South 69°46'49" West a distance of 165.61 feet; 2) along the arc of a curve to the right 650.14 feet, said curve having a radius of 7771.54 feet, a central angle of 4°47'35" and a chord which bears South 58°07'32" West a distance of 649.95 feet; thence North 24°29'08" West a distance of 2143.71 feet to a point on the centerline of the Colorado River; thence along the centerline of the Colorado River for the following three (3) courses: 1) North 73°24'08" East a distance of 257.27 feet; 2) thence North 67'43'49" East a distance of 308.68 feet; 3) thence North 48°06'30" East a distance of 114.21 feet, thence bears South 28°18'13" East a distance of 2063.95 feet to the POINT OF BEGINNING. Parcel 3 A parcel of land in the W1/2 of Section 24, Township 7 South, Range 96 West of the 6th P.M., Garfield County, Colorado, more particularly described as follows: Beginning at a point on the North right-of-way line of County Road 300 whence the Center Quarter Corner of said Section 24 being a 3" BLM Aluminum Cap found in place bears North 74°26'48" East a distance of 1289.99 feet; thence along said North right-of-way line for the following nine (9) courses: 1) along the arc of a curve to the right 98.51 feet, said curve having a radius of 602.76 feet, a central angle of 9°21'49", and a chord which bears South 65°12'15" West a distance of 98.40 feet; 2) thence along the arc of a compound curve to the right 90.42 feet, said curve having a radius of 207.47 feet, a central angle of 24°58'14", and a chord which bears South 82°22'16" West a distance of 89.71 feet; 3) thence along the arc of a curve to the right 343.52 feet, said curve having a radius of 864.18 feet, a central angle of 22°46'32", and a chord which bears North 76°34'07" West a distance of 341.26 feet; 4) thence along the arc of a curve to the right 81.18 feet, said curve having a radius of 353.69 feet, a central angle of 13'09'05", and a chord which bears North 54°04'21" West a distance of 81.01 feet; 5) thence North 54°26'12" West a distance of 295.99 feet; 6) thence along the arc of a curve to the left 156.93 feet, said curve having a radius of 277.09 feet, a central angle of 32°26'59", and a chord which bears North 69°17'12" West a distance of 154.84 feet; 7) thence along the arc of a curve to the right 124.41 feet, said curve having a radius of 236.36 feet, a central angle of 30°09'28", and a chord which bears North 55"5813" West a distance of 122.98 feet; 8) thence along the arc of a curve to the left 187.94 feet, said curve having a radius of 225.10 feet, a central angle of 47°50'17", and a chord which bears North 67°51'49" West a distance of 182.53 feet; 9) thence along the arc of a compound curve to the left 49.70 feet, said curve having a radius of 1495.67 feet, a central angle of 1°54'14", and a chord which bears South 87°15'49" West a distance of 49.70 feet; thence leaving said right-of-way line North 4°41'01" West a distance of 1574,80 feet to a point on the centerline of the Colorado River; thence along the centerline of the Colorado River for the following three (3) courses: 1) South 64°25'12" East a distance of 232.68 feet; 2) thence North 87°09'58" East a distance of 189.25 feet; 3) thence North 73°24'08" East a distance of 128.56 feet; thence South 24°29'08" East a distance of 2143.71 feet to the POINT OF BEGINNING. • • • BAKERoHOGAN=>HOUX ARCHITECTURE & PLANNING / A.I.A. / P.C. FINAL PLAT APPLICATION Pioneer Glen Subdivision EXHIBIT 6 TAX CERTIFICATE 03-13-2008 13:45 ROCKY MTN REALTOR 9709843721 Report Date: 03/12/2008 03:43PM PAGE2 GARFIELD COUNTY TREASURER Page: 1 CERTIFICATE OF TAXES DUE CERT #: 2008001206 SCHEDULE NO; R040880 ASSESSED TO: SPECIALTY RESTAURANTS CORPORATION 8191 EAST KISER BLVD ANAHEIM, CA 92808 LEGAL DESCRIPTION: SECT,TWN,RNG:24-7-96 DESC: PARCEL 1, A PARCEL OF LAND IN THE NW114 PRE:R005973 BK:1176 PG:612 BK:1176 PG:811 BK:1176 PG:610 BK:1176 PG:609 BK:0973 PG:0786 BK:0601 PG:0658 BK:0581 PG:0255 BK:0560 PG:0086 BK:0569 PG:0664 BK:0569 PG:0301 BK:1930 PG:21 RECPT:724095 BK:1562 PG:8 RECPT:646783 BK:1562 PG:12 RECPT:646784 BK:1505 PG:107 RECPT:633987 BK:1135 PG:820-823 RECPT_547474 BK:1135 PG:818-818 RECPT:547473 BK:1135 PG:816-817 RECPT:547742 BK:1127 PG:710 RECPT:544006 BK:1126 PG:41 RECPT:544393 BK:1126 PG:40 RECPT:544393 BK:0946 PG:0016 PARCEL: 2409-242-00-154 SITUS ADD: PARACHUTE ORDER NO: 612082 VENDOR NO: 2 COMMONWEALTH TITLE P.O. BOX 127 127 EAST 5TH STREET RIFLE, CO 81850 TAX YEAR CHARGE TAX AMOUNT INTEREST FEE i 2007 TAX 2,005.76 0.00 0.00 TOTAL TAXES GRAND TOTAL DUE AS OF 03/12/2008 PAID 0.00 TOTAL DUE 2,005.76 2,005.76 ORIGINAL TAX BILLING FOR 2007 TAX Authority GARFIELD COUNTY GRAND VALLEY FIRE COLO RIVER WATER CONS WEST DIVIDE WATER CON GRAND RIVER HOSPITAL GRAND VALLEY CEMETERY SCHOOL DISTRICT 16 GEN/BOND COLORADO MTN COLLEGE GARFIELD ROAD & BRIDGE •GARFIELD HUMAN SERVICES GARFIELD CAP EXPEND GRAND RIVER HOSPITAL BOND GARFIELD COUNTY PUBLIC LIBRARY TAXES FOR 2007 Credit Levy FEE FOR TI -HS CERTIFICATE 10.00 ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE REAL PROPER PRIOR OCTOBER 1,2008 AX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BYITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY SH OR CASHIERS CHMOBILE HOMES - ECK. t, 2008, SPECIAL TAXING DISTRICTS AND THE BOUNDARIES OF SUCH DISTRICTS MAY BE ON FILE WITH THE BOARD OF COUNTY COMMISSIONERS. THE COUNTY CLERK, OR THE COUNTY ASSESSOR. This certificate does not include land or Improvements assessed under r! separate account number, personal property taxes, transfer tax or mina tax collected on benatr of omer entitles, spedal or local improvement district assessments or mobile homes, unless specifically mentioned, I, the undersigned, do hereby certify that the entlre amount of taxes due upon the above described parcels of real property and all outstanding sales for unpaid taxes as shown by the records in my office from wh- the same ma affil oe redeemed with the amount required for redemption ore as noted herein_ In wi♦nass whereof, I have hereunto hand a seal this f 2th day of March. 2008. TREASURER, GARFIELD COUNTY, GEORGIA CHAMBERLAIN, BY P. O. Box 1069 Glenwood Springs, CO 81602-1089 (970) 945-6382 DISTRICT 027 - 16-DHFZ MIIt Levy Amount 6.825 376,08 3.267 180.01 0.191' 10.52 0.077' 4.24 4.981' 274.45 0.022 1.21 8.596 473.65 3.997 220.24 2.300 126.73 0.280 16.43 4.250 234.18 0.616 33.94 1.000 55.10 38.402* 2,008.78 Values VACANT LAND TOTAL Actual 190,000 190,000 2,005.76 Assessed 55,100 55,100 • AwzojifirA 03-13-2008 09:Ir36 ROCKY MTN REALTOR 9709843721 PAGE2 BAKERoHOGAN*HOUX ARCHITECTURE & PLANNING / A.I.A. / P.C. FINAL PLAT APPLICATION Pioneer Glen Subdivision EXHIBIT 7 VEGETATION MANAGEMENT DOCUMENTATION }g Cofrrrado:�' 970-625-1002 eed�r rr 970-618-2-800 Pioneer Glen Weed Mitigation 2008 Outdoor Services has reviewed the Integrated Weed Management Plan for Pioneer Glen that was prepared by Clark Ecological, Outdoor Services can provide herbicide control for the noxious weeds found on this property. Outdoor Services recommends two herbicide applications for best control of the noxious weeds at Pioneer Glen. The first application would be made in the spring, We may to early June before the plants develop seeds. The second application would be made in the fall, after the first frost_ Herbicides used will be Milestone and Vanquish. Cost will be $22S per application. These herbicide applications will keep.rioNreR CLEM :subdivision in compliance with the weed mitigation plan and with the current noxious weed laws. The Russian Olive and Tamarisk trees on this site should be cut and stump treated for best control. This will provide over 90% control of the trees that are currently growing. This treatment should be done before mid-May or after mid November. The areas infested will need to be monitored for any resprouts and new seedlings after the cut stump treatments. This is a labor intensive project and I would estimate a cost of $3000 to cut and stump the trees. If the trees need to be chipped or hauled off site costs would be higher. The cut and stump treatment would be billed at $75 per man hour plus materials and equipment. Please feel free to contact me with any questions. Barry Stahl NDT ,t Ocab t r"*ollorit x' /'NSA 407- 2 6 - ' 3 - as ft't ,Wv,, S/rrli-tpltt j c' 7iSiS ,e-k4flw 4L) Y.5 it -M0 %ri-/NIt5Kr 7950 County Rd309 Liffe CO 81650 03-14-2008 07:10 ROCKY MTN REALTOR 9709843721 PRGE1 • • • BAKER"HOGAN°HOUX ARCHITECTURE & PLANNING / A.I.A. / P.C. FINAL PLAT APPLICATION Pioneer Glen Subdivision EXHIBIT 8 PRELIMINARY PLAN SUPPLEMENTAL DOCUMENTATION 45.00 6.00 28.50 Fire Truck Width Track Lock to Lock Time Steering Angle feet : 8.50 : 8.50 : 6.00 : 37.70 Notes: 1. Turnaround is within 450'± of the subdivision entrance. 2. Wheel paths have been maintained within the roadway. Lines extending beyond the roadway are the vehicle overhangs. EXISTING DRAINAGE Boundaries Unlimited, Inc. 823 Blake Avenue, Ste. 102 Glenwood Springs, CO 81601 tele: 970.945.5252 fax: 970.384.2833 Scale: 1"=60' Date: Proj #: 2005 BM -Lot File: GR -01 SpecialtyRestaurants Corporation Garfield County, Colorado Pioneer Glen Subdivision Fire Truck Ingress/Egress less than 600' Bim---lEs m Civil & Consulting Engineers October 24, 2007 Garfield County Planning Department 108 8th Street, Ste. 401 Glenwood Springs, CO 81601 RE: Whispering Creek Subdivision — Traffic Impacts to County Road #300 To Whom It May Concern: The following calculations have been used to determine the average daily traffic volume that can be expected to be generated at build out of the Whispering Creek Subdivision: Number of New Residences: 6 Number of Vehicles per Day generated by each single-family detached residence per the ITE Trip Generation Manual, 6th Edition: 9.57 6 New Residences x 9.57 trips/day/residence = 57.42 ADT Based on the Capital Improvements Pian as adopted by the Board of County Commissioners Pioneer Glen Subdivision is located in Traffic Study Area 1. This area is subject to a road impact fee of $280.00/ADT which results in an impact fee of $2,679.60/residence for a total fee of $16,077.60. According to the Garfield County website, County Road #300 (Stone Quarry Road @ Battlement Mesa Parkway) was last counted to have an Average Daily Traffic count of 2527 vehicles trips per day. The Whispering Creek Subdivision will increase this count to approximately 2585 vehicles trips per day resulting in a net increase of less than 3%. The vast majority of the existing traffic is generated by Battlement Mesa with roadways in those areas consisting of 4 -lanes. County Road #300 tapers down to 2 lanes about 2000' east of the proposed intersection with the proposed access being the second access onto the 2 -lane road. The road continues onto State Highway 6 and only gathers traffic from about 20-30 more residences. Therefore, based on this information reviewed, this subdivision does not appear to be increasing the demands enough to adversely impact County Road #300 or warrant any additional offsite improvements. Sincerely, Deric J. Walter, PE Boundaries Unlimited Inc. 823 Blake Avenue 1 Suite 102 1 Glenwood Springs 1 Colorado 81601 1 Ph: 970.945.5252 1 Fax: 970.384.2833 _i. .• / 1.1‘4.1" ;1-1: - -'.r- 1� i \ti\i Boundaries Unlimited, Inc. �3823 Blake Avenue, Ste. 102 Glenwood Springs, CO 81601 tele: 970.945.5252 fax: 970.384.2833 Scale: 1"=100 Date: 10/24/07 Proj #: SRC-BMLot1 File: PPRD-01 Specialty Restaurants Corporation Garfield County, Colorado Pioneer Glen Subdivision Sight Distance Map as as- „ .�•:+.. --+�" _ i t Geometric Design of • Highways and Streets 2004 iA erica�n •Association .of State. Highway and `ransp anon O ciais Elements of Design Exhibit 3-2. Stopping Sight Distance on Grades Decision Sight Distance -( Stopping sight distances are usually sufficient to allow reasonably competent and alert drivers to come to a hurried stop under ordinary circumstances. However, these distances are often inadequate when drivers must make complex or instantaneous decisions, when information is difficult to perceive, or when unexpected or unusual maneuvers are required_ Limiting sight distances to those needed for stopping may preclude drivers from performing evasive maneuvers, which often involve less risk and are otherwise preferable to stopping. Even with an appropriate complement of standard traffic control devices in accordance with the MUTCD (6), stopping sight distances may not provide sufficient visibility distances for drivers to corroborate advance warning and to perform the appropriate maneuvers. It is evident that there are many locations where it would be prudent to provide longer sight distances. In these circumstances, decision sight distance provides the greater visibility distance that drivers need. Decision sight distance is the distance needed for a driver to detect an unexpected or otherwise difficult -to -perceive information source or condition in a roadway environment that may be visually cluttered, recognize the condition or its potential threat, select an appropriate speed and path, and initiate and complete the maneuver safely and efficiently (7). Because decision sight distance offers drivers additional margin for error and affords them sufficient length to maneuver their vehicles at the same or reduced speed, rather than to just stop, its values are substantially greater than stopping sight distance. Drivers need decision sight distances whenever there is a likelihood for error in either information reception, decision making, or control actions (8). Examples of critical locations where these kinds of errors arc likely to occur, and where it is desirable to provide decision sight distance include interchange and intersection locations where unusual or unexpected maneuvers are required, changes in cross section such as toll plazas and lane drops, and areas of concentrated 115 r Metric US -Customary Design Stopping sight distance (m) Design Stopping sight distance (ft) speed Downgrades Upgrades speed Downgrades Upgrades (km/h) 3% 6% 9% 3% 6% 9% (mph) 3% 6% 19%( 13%1 6% 9% 20 20 20 20 19 18 18 15 80 82 85 75 74 73 30 32 35 35 31 30 29 20 116 120 126 109 107 104 40 50 50 53 45 44 43 25 158 165 173 147 143 140 50 66 70 74 61 59 58 30 205 215 227 200 184 179 60 87 92 97 80 77 75 35 257 271 287 237 229 222 70 110 116 124 100 97 93 40 315 333 354 �28 278 269 80 136 144 154 123 118 114 45 378 400 427 iJ 331 320 90 164 174 187 148 141 136 50 446 474 507 405 388 375 100 194 207 223 174 167 160 55 520 553 593 469 450 433 110 227 243 262 203 194 186 60 598 638 686 538 515 495 120 263 281 304 234 223 214 65 682 728 785 612 584 561 130 302 323 350 267 254 243 70 771 825 891 690 658 631 75 866 927 1003 772 736 704 80 965 1035 1121 859 817 782 _ >f Z Exhibit 3-2. Stopping Sight Distance on Grades Decision Sight Distance -( Stopping sight distances are usually sufficient to allow reasonably competent and alert drivers to come to a hurried stop under ordinary circumstances. However, these distances are often inadequate when drivers must make complex or instantaneous decisions, when information is difficult to perceive, or when unexpected or unusual maneuvers are required_ Limiting sight distances to those needed for stopping may preclude drivers from performing evasive maneuvers, which often involve less risk and are otherwise preferable to stopping. Even with an appropriate complement of standard traffic control devices in accordance with the MUTCD (6), stopping sight distances may not provide sufficient visibility distances for drivers to corroborate advance warning and to perform the appropriate maneuvers. It is evident that there are many locations where it would be prudent to provide longer sight distances. In these circumstances, decision sight distance provides the greater visibility distance that drivers need. Decision sight distance is the distance needed for a driver to detect an unexpected or otherwise difficult -to -perceive information source or condition in a roadway environment that may be visually cluttered, recognize the condition or its potential threat, select an appropriate speed and path, and initiate and complete the maneuver safely and efficiently (7). Because decision sight distance offers drivers additional margin for error and affords them sufficient length to maneuver their vehicles at the same or reduced speed, rather than to just stop, its values are substantially greater than stopping sight distance. Drivers need decision sight distances whenever there is a likelihood for error in either information reception, decision making, or control actions (8). Examples of critical locations where these kinds of errors arc likely to occur, and where it is desirable to provide decision sight distance include interchange and intersection locations where unusual or unexpected maneuvers are required, changes in cross section such as toll plazas and lane drops, and areas of concentrated 115 No Roadways or Building Envelopes appear to encroach upon the 40%+ slopes. Boundaries Unlimited, Inc. 823 Blake Avenue, Ste. 102 Glenwood Springs, CO 81601 tele: 970.945.5252 fax: 970.384.2833 Scale: 1"=80 Date: 10/10/07 Proj #: SRC -BM -Lott File: PPLAT Specialty Restaurants Corp. Garfield County, Colorado Pioneer Glen Subdivision Slo • e Anal sis • • BAKER0HOGAN0HOUX ARCHITECTURE & PLANNING / A.I.A. / P.C. FINAL PLAT APPLICATION Pioneer Glen Subdivision EXHIBIT 9 GRAND VALLEY FIRE DISTRICT DOCUMENTATION .vonne C. Bryant From: Rob Ferguson [gvfpdops@sopris.net] Sent: Thursday, February 07, 2008 2:42 PM To: 'Yvonne C. Bryant' Subject: RE: Pioneer Glen - water vaults and cul-de-sacs Yes that will work. Sorry if I missed that while we were talking. Rob Ferguson Deputy Fire Chief - Operations Grand Valley Fire Protection District Office: (970) 285-9119 Fax: (970) 285-9748 email: gvfpdops@sopris.net From: Yvonne C. Bryant [mailto:bryant@bhharchitecture.com] Sent: Thursday, February 07, 2008 2:08 PM To: 'Rob Ferguson' Subject: RE: Pioneer Glen - water vaults and cul-de-sacs Rob — checked with our engineer. He indicated the 16' wide chip seal plus 4' of gravel shoulders we have shown should cover e 20' access requirement. We just want to verify whether this interpretation is acceptable. Thank you, Yvonne C. Bryant, IIDA, Assoc. AIA BAKER+HOGAN+HOux ARCHITECTURE & PLANNING PO Box 931 160 East Adams Breckenridge, CO 80424 PH: 970-453-6880 FX: 970-453-6888 www.bhharchitecture.com PLEASE NOTE: This message, including any attachments, may include privileged, confidential and/or inside information. Any distribution or use of this communication by anyone other than the intended recipient is strictly prohibited and may be unlawful. If you are not the intended recipient, please notify the sender by replying to this message and then delete it from your system. From: Rob Ferguson [mailto:gvfpdops@sopris.net] Sent: Thursday, February 07, 2008 12:12 PM To: 'Yvonne C. Bryant' Subject: RE: Pioneer Glen - water vaults and cul-de-sacs vonne — Attached is the letter from today's review and also the letter to the county in June 2007. There are a ouple of changes from the 2007 letter as we discussed. This should help you out. If you need anything else please don't hesitate to call me. Take care Rob Ferguson 2/26/2008 Deputy Fire Chief - Operations Grand Valley Fire Protection District Office: (970) 285-9119 Fax: (970) 285-9748 email: gvfpdops@sopris.net From: Yvonne C. Bryant[mailto:bryant@bhharchitecture.com] Sent: Thursday, February 07, 2008 11:28 AM To: GVFPDOPS@sopris.net Subject: Pioneer Glen - water vaults and cul-de-sacs Rob — Thank you for reviewing the Pioneer Glen subdivision materials with me this morning. Attached is the latest set of drawings at 11x17 for your review of the vaults and cul-de-sacs. The County has requested that we get a letter from the Grand Valley Fire Protection District addressing the size of the individual fire protection vaults at the entrance to each lot and the length/configuration of our cul-de-sac road system. Mountain Cross Engineering has expressed a concern with regards to the length of one of our cul-de-sacs. Their interpretation of the length has added the distance from the subdivision entrance to the T -turn and then added the additional length of the western cul-de-sac road. We have included a Fire Truck exhibit prepared by Boundaries Unlimited demonstrating an Emergency Vehicle T -turn within approximately 450' of the subdivision entrance. As per our discussion, we will speak with our Civil Engineer regarding the minimum road width of 20' plus 2' of shoulders on each side as required by the 2003 IFC. Please let us know whether there is anything else that you think we need to address. Sincerely, Yvonne C. Bryant, IIDA, Assoc. AIA BAKER+HOGAN+HOUX ARCHITECTURE & PLANNING PO Box 931 160 East Adams Breckenridge, CO 80424 PH: 970-453-6880 FX: 970-453-6888 www.bhharchitecture.com PLEASE NOTE: This message, including any attachments, may include privileged, confidential and/or inside information. Any distribution or use of this communication by anyone other than the intended recipient is strictly prohibited and may be unlawful. If you are not the intended recipient, please notify the sender by replying to this message and then delete it from your system. No virus found in this incoming message. Checked by AVG Free Edition. Version: 7.5.516 / Virus Database: 269.19.21/1265 - Release Date: 2/7/2008 11:17 AM No virus found in this outgoing message. Checked by AVG Free Edition. 2/26/2008 GRAND VALLEY FIRE PROTECTION DISTRICT 1777 S. BATTLEMENT PARKWAY, PO BOX 295 PARACHUTE, CO 81635 PHONE: 285-9119 FAX (970) 285-9748 February 7, 2008 Yvonne Bryant Subject: Pioneer Glen Subdivision Yvonne, As per our discussion today 2/7/08 about the Pioneer Glenn Subdivision, the subdivisions water storage of 2500 gallons is the minimum that our Fire District requires. I did have a meeting with 2 gentlemen prior to the application process about the property. The owner has set the subdivision up to our requirements with only one problem that is addressed below. I have reviewed the plans on how each storage tank is set up and approved this. The property meets this by having the water supply located on each property within the subdivision. I did notice the access roads were only 18' across this distance needs to be 20' across minimum with no parking on the road per 2003 IFC 503.2.1. I do recall the owner stating that all property would have enough parking in each lots driveway. As far as the Turnaround being approx 450ft from the entrance, as far as the Fire District is concerned this acts as an acceptable alternative to a 120' Hammerhead which is required if the distance on the dead end road is between 151ft and 500ft as stated in the 2003 IFC Appendix D. To sum it all up, I do approve the minimum water storage of 2500 gallons and the distance of the turnabout that is in question. If you have any further questions please feel free to contact me. Rob Ferguson Deputy Fire Chief - Operations Grand Valley Fire Protection District 970-285-9119 ext 17 Fax 970-285-9748 Email gvfpdops@sopris.net Mission Statement \ e. the members, of the Grand V,illev Fire Protection District. dedicate our efforts to the protection of the lines. property and etlbironnient of the cilt7cns of. and visitors to the titnndi Vallev Fire Protection District June 5, 2007 GRAND VALLEY FIRE PROTECTION DISTRICT 1777 S. BATTLEMENT PARKWAY, PO BOX 295 PARACHUTE, CO 81635 PHONE: 285-9119 FAX (970) 285-9748 Fred Jarman, Staff Planner Garfield County Building and Planning Dept 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Subject: Pioneer Glen Subdivision Fred, The Grand Valley Fire Protection District has reviewed the request by Specialty Restaurants, Corp. for the Pioneer Glen Subdivision on June 5, 2007. At this time we do not have any objections to the request. All areas that the Fire District would be involved in due to an emergency appear to have been addressed correctly in the request. We have noted the following areas for our purposes Water Supply and Fire Protection, Access Roads, Wildfire along with Exhibits D, E, J, and L. If you have any questions or concerns please feel free to contact me. Rob Ferguson Deputy Fire Chief - Operations Grand Valley Fire Protection District 970-285-9119 ext 17 Fax 970-285-9748 Email gvfpdops@sopris.net Mission Statement We, the members of the Grand Valley Fire Protection District, dedicate our efforts to the protection of the Lives, property and environment of the citizens of, and visitors to the Grand Valley, Fire Protection District • • BAKER0HOGAN0HOux ARCHITECTURE & PLANNING / A.I.A. / P.C. FINAL PLAT APPLICATION Pioneer Glen Subdivision EXHIBIT 10 CORPS OF ENGINEER APPLICATION AJpineEco February 6, 2008 Mr. Mark Gilfillan U.S. Army Corps of Engineers 402 Rood Avenue, Room 142 Grand Junction, CO 81501 FEB 11 24118 + ROOM +HOU) Subject: Request for Authorization of a Nationwide Permit No. 14 for the Pioneer Glen Subdivision in Garfield County, Colorado Dear Mr. Gilfillan: I am requesting authorization under Nationwide Permit (NWP) No. 14 for the Pioneer Glen Subdivision in Garfield County, Colorado. The following text and attachments should provide the necessary information to authorize the permit: Applicant Mr. John Tallichet or Mr. Dennis Stahl Specialty Restaurants Corporation 8191 East Kaiser Boulevard Anaheim, CA 92808 714.279.6100 Project Location The 4 -acre study area is located southwest of the town of Parachute in Garfield County, Colorado. It is situated between the Colorado River and County Road 300, along an unnamed drainage that flows northwest to the Colorado River (see attached Vicinity Map). The entire property encompasses approximately 35 acres and can be found on the Parachute, Colorado US Geological Survey 7.5 - minute quadrangle. It is located in Township 7 South, Range 96 West, and Section 24, and has the following coordinates: ■ Universal Transverse Mercator (UTM): 12 753093, 4367867 (NAD 83) • Latitude/Longitude: 39.4232° N, 108.0598° W Project Description The project involves the development of six large residential lots on the 35 -acre property. Details on the exact configuration of the lots and types of structures are not available at this time. Methods I walked the entire study area on October 26, 2007 to identify wetlands and other waters of the US. Wetlands were delineated within the defined study area using Routine Determination procedures outlined in the 1987 Corps of Engineers Wetlands Delineation Manual (Environmental Laboratory 1987) and the Interim Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Arid West Region (Corps 2006). This involved a detailed examination of plants, soils, and hydrologic indicators present. All the plant nomenclature in this letter and its attachments follow the Plants Database website (NRCS 2007). Alpine Ecological Resources, LLC 1127 Adams Street • Denver, Colorado 80206 • 303.859.1475 • www.alpine-eco.com Page 2 of 6 General Site Description The study area is located adjacent to the Colorado River at approximately 5,100 feet above mean sea level in the Shale Deserts and Sedimentary Basins Ecoregion (EPA 2007) and in the Western Range and Irrigated Major Land Resource Area (NRCS 2007). The eight digit hydrologic unit code (HUC) is 14010005 (Colorado Headwaters—Plateau). The site is generally dominated by big sagebrush (Artemisia tridentata) with a cheatgrass (Bromus tectorum) understory (Photo 1 in Attachment B). There is a narrow ribbon of wetland/riparian habitat associated with an unnamed tributary to the Colorado River along the west side of the property. Wetland Description One wetland encompassing a total of 0.52 acre, was delineated in the 4 -acre study area. This wetland extends along the western side of the property from the south property line to the Colorado River floodplain. It consists of a very narrow ribbon of mostly palustrine emergent (PEM) wetlands (Cowardin, et al. 1979) in the bottom of a deeply incised tributary to the Colorado River. The wetland area also includes a small seep and a small diversion channel at the upper end of the tributary (see attached WL -1 Map). All portions of the wetland are hydrologically connected. More information on the wetland can be found on the Wetland Determination Forms in Attachment A. The wetland is expected to be jurisdictional under Section 404 of the Clean Water Act since it is likely considered a "relatively permanent water" and flows directly into the Colorado River which is considered a "traditional navigable waterway". More information regarding jurisdictional status can be found on the Jurisdictional Determination Form in Attachment E. Vegetation The PEM portions of the wetland (approximately 90 percent of the wetland area) are dominated by scratchgrass (Muhlenbergia asperifolia) and woolly sedge (Carex pellita). The remaining 10 percent of the wetland is classified according to Cowardin, et al. (1979) as palustrine scrub/shrub (PSS) and is dominated by robust narrowleaf willow (Salix exigua). This PSS area is located in one large pocket near the upper end of the wetland, just down -gradient from the seep. The wetland found in the bottom of the tributary (Photo 2, Attachment B) is generally well-defined with dense big sagebrush, rubber rabbitbrush (Ericameria nauseosa), and intermediate wheatgrass (Thinopyrum intermedium) along the wetland boundary. Although the tributary contains pockets of cottonwoods (Populus deltoides and P. angustifolia), saltcedar (Tamarix ramosissima), and Russian olive (Elaeagnus angustifolia) adjacent to the wetland, it generally has a very narrow floodplain with extremely steep banks that are 6 to 12 feet high. The wetland is vegetatively diverse, with distinct pockets of broadleaf cattail (Typha latifolia) where water tends to pond (Photo 3, Attachment B) and a large area of reed canarygrass (Phalaris arundinacea) at the confluence with the wetlands along the Colorado River (Photo 4, Attachment B). The seep area at the upper end of the tributary originates on a very steep slope to the east and sheet flows into the tributary approximately 100 feet downstream of County Road 300. The seep contains very dense scratchgrass and woolly sedge, and is surrounded by a thicket of skunkbrush sumac (Rhus trilobata) and climbing nightshade (Solanum dulcamara). Alpine Ecological Resources, LLC 1127 Adams Street • Denver, Colorado 80206 • 303.859.1475 • www.alpine-eco.com A1pineECo Page 3 of 6 The diversion channel portion of the wetland is man-made and appears to have been excavated in the last couple of years. It is dominated by American speedwell (Veronica americana) and spotted ladysthumb (Polygonum persicaria). Dense weedy forbs like yellow sweetclover (Melilotus officinalis), Russian thistle (Salsola australis), and goosefoot (Chenopodium sp.) make up the wetland perimeter. The table in Attachment D lists the common plant species observed in the wetland. More information on vegetation can also be found on the data forms in Attachment A. Hydrology The water for the majority of the wetland is provided via overbank flooding and capillary rise from the unnamed tributary. Flows in the tributary are a result of groundwater discharge from the adjacent seep and elsewhere in the watershed, as well as some stormwater and irrigation flows from the surrounding developed lands. The wetlands in the study area discharge into the Colorado River at the lower end. Wetland hydrology indicators observed at the site include the presence of surface water and saturation. A very small channel (1 foot wide and 1 foot deep) is present in some portions of the wetland, but is generally filled with wetland vegetation. Thus, it has been included in the wetland area and not identified as an other water of the US. S Soil According to the Web Soil Survey (NRCS 2007a), the most dominant mapped soil types in the study area are Arvada loam (6 to 20 percent slopes) and Nihill channery loam (1 to 6 percent slopes). Two soil pits were excavated in the wetlands and revealed a loamy/clayey soil with a depleted matrix. Adjacent upland soils are also loamy/clayey, but were not depleted. More information on soils can be found on the data forms in Attachment A. • Functions Based on the Montana Wetland Assessment Method (Berglund 1999), the primary functions provided by the wetlands in the study area are groundwater discharge, general wildlife habitat, shoreline stabilization, and production export/food chain support. These functions are a result of the wetland having a relatively dense, structurally diverse, rhizomatous wetland vegetation community along a flowing channel; and an outlet to another waterbody (i.e. the Colorado River). Project Impacts Impacts to wetlands have been avoided and minimized to the maximum extent practicable by reducing the size of the access road to the minimum possible. In addition, the road cannot be moved out of wetlands as a result of site distance and general safety concerns at its intersection with CR 300. Thus, the project would result in the permanent loss of approximately 1,220 square feet ( sf) of wetlands by placing 65 cubic yards (cy) of soil and 3 cy riprap for roadway construction. The road will be 16 feet wide, with 2 -foot wide shoulders on each side. A 40 -foot long culvert will be installed under the road, along with the 3 cy of riprap at the downstream end to reduce the potential for erosion (see attached "USACE Exhibit"). Alpine Ecological Resources, LLC 1127 Adams Street • Denver, Colorado 80206 - 303.859.1475 www.alpine-eco.com Page 4 of 6 Additional information regarding project impacts can be found on the Preconstruction Notification Form in Attachment C. Schedule The preferred project schedule would be to begin construction in spring 2008. Threatened and Endangered Species (TES) No TES are expected to be adversely impacted as a result of the project. Cultural Resources No cultural resources are expected to be adversely impacted as a result of the project. Compensatory Wetland Mitigation A compensatory wetland mitigation plan is currently being developed and will be submitted in the coming weeks. The plan will involve on-site replacement of 1,220 sf of PEM/PSS wetlandin one of two locations. The preferred location is immediately adjacent to the wetland impact area on the hillside shown on the right side of the new roadway on the attached USACE Exhibit. This area is known to discharge groundwater (currently contains a seep) and after recontouring, should be suitable for wetland establishment. However, since the extent and exact location of groundwater discharge is unknown, a secondary site has been identified along the unnamed tributary. The secondary compensatory wetland mitigation area is situated immediately adjacent to the existing wetlands near the outlet of the newly installed culvert shown on the attached USACE Exhibit. It would be created by excavating a small portion of the upland banks of the unnamed tributary just below the new culvert. This area will get its hydrology from the unnamed tributary and the seep flows discharging from the new culvert. The final compensatory wetland mitigation site will be determined after completing the earthwork for the new roadway. If the hydrology of the hillside is determined to be adequate for the creation of the 1,220 sf of wetlands needed, it will be used. If the hydrology is uncertain, the secondary site will be utilized. Other Mitigation Measures In addition to compensatory mitigation, the following mitigation measures will be employed during construction to minimize adverse impacts to wetlands: • Unnecessary impacts will be avoided by placing silt fence and/or erosion logs at the limits of disturbance during construction. • BMPs will be used during all phases of construction to reduce impacts from sedimentation and erosion, including the use of berms, brush barriers, check dams, erosion control blankets, filter strips, sandbag barriers, sediment basins, silt fences, straw -bale barriers, surface roughening, and/or diversion channels. • No equipment staging or storage of construction materials (including fill material) will occur within 50 feet of wetlands or other water features. Alpine Ecological Resources, LLC 1127 Adams Street • Denver, Colorado 80206 • 303.859.1475 • www.alpine-eco.com Alpinee o Page 5 of 6 • The use of chemicals, such as soil stabilizers, dust inhibitors, and fertilizers within 50 feet of wetlands or other water features will be prohibited. ■ Equipment will be refueled in designated contained areas, a minimum of 50 feet from wetlands and other water features. Conclusion I am requesting authorization of NWP No. 14 for the permanent loss of 1,220 sf of wetlands as the result of the placement of 68 cy of fill material for a new access road. No TES or cultural resources are expected to be impacted as a result of the project. A compensatory wetland mitigation plan for the project will be submitted under separate cover and approved prior to construction. If you need additional information or have questions, please contact me at 303.859.1475 or andvherb(a alpine-eco.com . Sincerely, Andy Herb Ecologist/Owner CC: Ms. Yvonne Bryant, BHH Attachments: Attachment A—Wetland Determination Forms Attachment B—Site Photographs Attachment C—Nationwide Permit PCN Checklist Attachment D—Vegetation Table Attachment E—Jurisdictional Determination Form References Berglund, J. 1999. MDT Montana Wetland Assessment Method. Prepared for the Montana Department of Transportation and Morrison-Maierle, Inc. May 25. Cowardin, Lewis M., Virginia Carter, Francis C. Golet, and Edward T. LaRoe. 1979. Classification of Wetlands and Deepwater Habitats of the United States. U.S. Department of the Interior, Fish and Wildlife Service, FWS/OBS-79/31. Environmental Laboratory. 1987. Corps of Engineers Wetlands Delineation Manual. Technical Report Y-87-1 (on-line edition). U.S. Army Corps of Engineers, Waterway Experiment Station, Vicksburg, MS. Environmental Protection Agency (EPA). 2007. Website: http://www.epa.gov/wed/pages/ecoregions/co eco.htm. Accessed in December. Alpine Ecological Resources, LLC 1127 Adams Street - Denver, Colorado 80206 - 303.859.1475 www.alpine-eco.com Page 6 of 6 Ail Natural Resources Conservation Service (NRCS). 2007. Plants Database, Website: http://plants.usda.gov/plants/index.html. Accessed in December. NRCS. 2007a. Web Soil Survey, Website: http://websoilsurvey.nrcs.usda.gov/app/. Accessed in December. Reed, P.B. Jr. 1988. National List of Plant Species that Occur in Wetlands: Intermountain (Region 8). For National Wetlands Inventory, U.S. Fish and Wildlife Service. August. US Army Corps of Engineers (Corps). 2006. Interim Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Arid West Region. Corps Engineer Research and Development Center. ERCD/EL TR -06-16. December. 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SCALE: 1"=2000' DATE: 1/4/06 FILE: Concept SHEET: 1 Specialty Restaurants Corp Garfield County, Colorado BM -Lott Vicinity Map 923 Cooper Avenue, Ste. 102 Glenwood Springs, CO 81601 tele: 970.945.5252 fax: 970.384.2833 47:0119u91.:0/.6 ru s ` COS et'n5• OOT9.6LrVTL 80916 VO 'meow ro Ie o I M •3 T6L9 •d o3 swemepe8 Leepods 11GI4x3 oetlml spuepaM uols nipgns uelo Jeauold ap+plW'4wloa pIWee • • • \ • 1 \ • • \ \ • \ • • \ • • \ • • /c., • , s3/4 3/4 INSTALL 40 LF 121 - CPP W7‘ FES AN 80 SF OF 1p"0: NOMINALRIPRAP," FROM TkiE UTLT AND ApRps THE CHANNEL \BE \ I \ t \ II3/453/4 1 1 t 1 I • 3/41 k 3/4 I I , I DaINEATED! WETLANDS' • t WETLAND IMP4CTI !-* 1220± '1Sr.1 / 0Y1 3/4 I I \ \ \ \ t, t 1 3/4 t X 3/4 s, • , . • • , • • • \ \ . • • • • • • • • • • • . ‘, • • , • • • • , • • • • • N.. • Ss •. • • • • \ . • • • , • • • , • '... • • • • • • '3/4. • • • \ ,, • 3/4.\\ • • • •, • • • • , • • • . N • 4 • . • N . . \ • • , . L 01:3/4 s .,,....., OH It 3/4 5125 5120 5115 5110 5105 5100 5095 5090 5085 5080 5075 16' ROAD W/ T SHOULDE S (MIN Al LOW ) EARTHWORK 30 CY Cut i I 65 CY Fill i I S • . \o, 5,0PE- Am . i INSTALL 40 LF 120 OPP W/ FES AND 90 NOMTNAL R/PRAP FROM THE OUTLET AND ACROSS THE CHANNELi BED • CL -40 -20 0 20 40 60 Boundaries Unlimited, Inc. 823 Blake Avenue, Ste. 102 Glenwood Springs, CO 81601 tele: 970.945.5252 fax: 970.384.2833 Scale: 1=20' Date: 1/29/07 Proj #: 2005 BM-Lot1 File: GR -01 Specialty Restaurants Corporation Garfield County, Colorado Pioneer Glen Subdivision USACE Exhibit • Attachment A Wetland Determination Forms • WETLAND DETERMINATION DATA FORM - Arid West Region City/County: elf4A' G/rs"'/'�"` Sampling Date: State: Sampling Point: Project/Site: I r f- ,a,i:{f f lrnur 3 Applicant/Owner: Investigator(s): Landform (hilislope, terrace, etc.): J'//Irk/7 'r'G \ 1/2.3 2.. Subregion (LRR): i1^tf��9'�` �1'�''�f tf d> Lat: �• Soil Map Unit Name: /4"vet-e G- Las Al - 24 % Are climatic / hydrologic conditions on the site typical for this time of year? Yes Are Vegetation , Soil , or Hydrology significantly disturbed? Are Vegetation , Soil , or Hydrology naturally problematic? Of needed, explain any answers in Remarks.) SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, important features, etc. /0/2107 PP— ► Section, Township, Range: Q.G 24, T 5 5, /(96' Local relief (concave, convex, none): (f+•. cave Slope (%): 0 -�� Long: Pe" ?S9 / Datum: WWI classification: x No (If no, explain in Remarks.) Are "Normal Circumstances" present? Yes No Hydrophytic Vegetation Present? Hydric Soil Present? Present? Yes v/ No Yes J/ No Yesy No Is the Sampled Area within a Wetland? Yes No Wetland Hydrology resen Remarks: i; 11 i,-,(.0 �RI7p d„loa/'t c.. �.t� Su .r�J'°'tc4- /f6 L -t S 71,-,-440,44; iJ r. /4)9 f. l%� ft w 1, t 4c5ot;," wf by 17 VEGETATION Absolute Dominant Indicator Tree Stratum (Use scientific names.) Cover Species? Status 1. 2. 3. 4. Sapling/Shrub Stratum 1. 2. 3. 4. 5. Total Cover: Total Cover: Herb Stratum 1. M,..1,1 ,i 4/. i�4,X 3. r�.•-��,. ? rvrt. acc. ,/.u.+aP3 4. S.76►i. e -Gil ae!t-ct'v ASee,14er7 n; 5. 4ref-h? C�'�j�^ rGt 6. t..s✓vjJS 7. Woody Vine Stratum 1. Total Cover: a fig .i.) ( 7.t. 1) Dominance Test worksneeti: Number of Dominant Species That Are OBL, FACW, or FAC: 2- (A) Total Number of Dominant (B) Species Across All Strata: Percent of Dominant Species �� p (A/B) That Are OBL, FACW, or FAC: Total Cover: % Bare Ground in Herb Stratum 12- 4- % Cover of Biotic Crust d Remarks: 11,,,,,t44.. 3 ti J r.,. i'f ` .,,* e.,. (Li ' 1., L J -a. 1 S, 1Q,,,, u ,„ d .1,- ....,...." 4 a..e_ cri e..k o-•, fr..-r4 c{. ; ,f-zer 8 e.3,.---.. 'el e ?AP" m fl'S/y*. ; tAav'N-4; 16)7. peon; Prevalence Index worksheet: Total % Cover of: MultioI by: OBL species x 1 = FACW species x 2 = FAC species x 3 = FACU species x 4 = UPL species x 5 = Column Totals: (A) ----- (B) Prevalence Index = B/A Hydrophytic Vegetation Indicators: Dominance Test is >50% Prevalence Index is <_3.0' Morphological Adaptations' (Provide supporting data in Remarks or on a separate sheet) Problematic Hydrophytic Vegetation' (Explain) 'Indicators of hydric sot and wetland hydrology must be present. Hydrophytic Vegetation Present? Yes `7 No J Arid West - version i i - i -cvVo US Army Corps of Engineers SOIL Sampling Point: Profile Description: (Describe to the depth needed to document the Indicator or confirm the Depth Matrix Redox Features absence of indicators.) Texture Remarks (inches) Color (moist) % Color (moist) % Tvoe' Loc2 ✓ Surface Water (A1) _ Salt Crust (B11) — Sediment Deposits (B2) (Riverine) ' High Water Table (A2) — Biotic Crust (B12) • —. Drift Deposits (B3) (Riverine) ✓ Saturation (A3) Aquatic Invertebrates (B13) _ Drainage Pattems (B10) _ Water Marks (B1) (Nonriverine) ✓ Hydrogen Sulfide Odor (C1) — Dry -Season Water Table (C2) _ Sediment Deposits (B2) (Nonriverine) _ Oxidized Rhizospheres along Living Roots (C3) — Thin Muck Surface (C7) — Drift Deposits (B3) (Nonriverine) _ Presence of Reduced Iron (C4) _ Crayfish Burrows (C8) _ Surface Soil Cracks (B6) - _ Recent Iron Reduction in Plowed Soils (C6) — Saturation Visible on Aerial Imagery (C9) Inundation Visible on Aerial Imagery (B7) — Other (Explain in Remarks) _ Shallow Aquitard (D3) _ Water -Stained Leaves (B9) _ FAC -Neutral Test (D5) °4r9. ,-.rec o- / lay/E3/i /bD -- — — —.r Water Table Present? Yes • No Depth (inches): Saturation Present? Yes ✓ No Depth (inches): 0 (includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: a el".c. Remarks: 6,-o,r.»(r,.i�ci e ?arai,c / PJri`t-+�' .*--•,rt — give_ (:/h'. ; O• to tiro... 1d.�,t.1fr T /w.1 / :+r.� 1Cra--t• i r%. -D C. r . 'Type: C=Coricentration, D=Depletion, RM=Reduced Matrix. 2Location: PL=Pore Lining, RC=Root Channel, M=Matrix. Hydric Soil Indicators: (Applicable to all LRRs, unless otherwise noted.) Indicators for Problematic Hydric Soils': — Histosol (A1) — Sandy Redox (S5) _ 1 cm Muck (A9) (LRR C) Histic Epipedon (A2) — Stripped Matrix (S6) . _ 2 cm Muck (A10) (LRR B) _ Black Histic (A3) — Loamy Mucky Mineral (F1) — Reduced Vedic (F18) i/ Hydrogen Sulfide (A4) _ Loamy Gleyed Matrix (F2) — Red Parent Material (TF2) — Stratified Layers (A5) (LRR C) _✓ Depleted Matrix (F3) _ Other (Explain in Remarks) _ 1 cm Muck (A9) (LRR D) — Redox Dark Surface (F6) — Depleted Below Dark Surface (A11) , — Depleted Dark Surface (F7) Thick Dark Surface (Al2) — Redox Depressions (F8) _ Sandy Mucky Mineral (S1) _ Vernal Pools (F9) 'Indicators of hydrophytic vegetation and — Sandy Gleyed Matrix (S4) wetland hydrology must be present. Restrictive Layer (if present): Type: AU,"" Hydric Soil Present? Yes V No Depth (inches): • Remarks: C roc ,,,,....,„i/e.46/4. 4*44..! / Z .. 4,...„4,,,..e. ,,, Are. j....._44,4.?„ HYDROLOGY Wetland Hydrology Indicators: Primary Indicators (any one indicator is sufficient) Secondary Indicators (2 or more required) _ Water Marks (B1) (Riverine) ✓ Surface Water (A1) _ Salt Crust (B11) — Sediment Deposits (B2) (Riverine) ' High Water Table (A2) — Biotic Crust (B12) • —. Drift Deposits (B3) (Riverine) ✓ Saturation (A3) Aquatic Invertebrates (B13) _ Drainage Pattems (B10) _ Water Marks (B1) (Nonriverine) ✓ Hydrogen Sulfide Odor (C1) — Dry -Season Water Table (C2) _ Sediment Deposits (B2) (Nonriverine) _ Oxidized Rhizospheres along Living Roots (C3) — Thin Muck Surface (C7) — Drift Deposits (B3) (Nonriverine) _ Presence of Reduced Iron (C4) _ Crayfish Burrows (C8) _ Surface Soil Cracks (B6) - _ Recent Iron Reduction in Plowed Soils (C6) — Saturation Visible on Aerial Imagery (C9) Inundation Visible on Aerial Imagery (B7) — Other (Explain in Remarks) _ Shallow Aquitard (D3) _ Water -Stained Leaves (B9) _ FAC -Neutral Test (D5) Field Observations: Surface Water Present? Yes Ni No Depth (inches): 2 - Wetland Hydrology Present? Yes "- No Water Table Present? Yes • No Depth (inches): Saturation Present? Yes ✓ No Depth (inches): 0 (includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: a el".c. Remarks: 6,-o,r.»(r,.i�ci e ?arai,c / PJri`t-+�' .*--•,rt — give_ (:/h'. ; O• to tiro... 1d.�,t.1fr T /w.1 / :+r.� 1Cra--t• i r%. -D C. r . US Army Corps of Engineers Arid West - Version 11-1-2006 • WETLAND DETERMINATION DATA FORM — Arid West Region Arefs 1fib-ref Project/Site: !a '0"/ .41r` City/County: Sampling Date: /0/2.6 7 •Applicant/Owner. f � fC�`' - �State: CO Sampling Point: p 2_.- f deC 2 175 �9(oG✓ Investigator(s): �y �� . �(,P'��W Section, Township, Range: 1 � � Landform (hillslope, terrace, etc.): 4 illi 1 Local relief (concave, convex, none): 69'''f "-X Slope (%): s /. Subregion (LRR): (.:f"'jf✓r e , 7, .r_ B -r- .--f,.,r (i) Lat: 31,423 Z.- Long: Pr'©, 8i Datum: N4;1/ 64 * n n p,.lry /0, a17 f /-6 7.NWI classification: Are climatic / hydrologic conditions on the site typical for this time of year? Yes No (If no, explain in Remarks.) / Are Vegetation , Soil or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes v No (If needed, explain any answers in Remarks.) • • Soil Map Unit Name: Are Vegetation , Soil or Hydrology naturally problematic? SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Hydric Soil Present? Wetland Hydrology Present? Yes Yes Yes No No No -7"-- Is the Sampled Area within a Wetland? Yes No Remarks: tAIF.-.( fy-Ly-,msk VEGETATION Tree Stratum 1. 2. 3. 4. (Use scientific names.) Sapling/Shrub Stratum 1- frc°"?;(i 2. /%w( 3. 5. Total Cover: Herb Stratutn 1. groArKl cfiri�n. Absolute Dominant Indicator % Cover Species? Status yo uh, Total Cover: `fZ i /4,Y) gD // On. /0 uPt, 3. 4. 5. 6. 7. Woodv Vine Stratum 1 Total Cover: 9D (4r) ()v) Total Cover: % Bare Ground in Herb Stratum Io 1 % Cover of Biotic Crust 0 Dominance Test worksheet: Number of Dominant Species That Are OBL, FACW, or FAC: (A) Total Number of Dominant Species Across All Strata: (B) Percent of Dominant Species That Are OBL, FACW, or FAC: O (A/B) Prevalence Index worksheet: Total % Cover of: Multiply by OBL species x 1 = FACW species x 2 = FAC species x 3 = FACU species x 4 = UPL species x 5 = Column Totals: (A) Prevalence Index = B/A = (B) Hydrophytic Vegetation Indicators: _ Dominance Test is >50% _ Prevalence Index is s3.0' _ Morphological Adaptations' (Provide supporting data in Remarks or on a separate sheet) _ Problematic Hydrophytic Vegetation' (Explain) 'Indicators of hydric soil and wetland hydrology must be present. Hydrophytic Vegetation Present? Yes No _ 1 Remarks: +L 4..„4".4 /1„10476.1.4 te_e_1"01 W „.4.0.. j GI e k/ US Army Corps of Engineers Arid West -Version 11-1-2006 Sampling Point:2- Profile Description: (Describe to the depth needed to document the indicator or confirm the Depth Matrix Redox Features absence of indicators.) Texture Remarks _ Water Marks (B1) (Riverine) (inches) olor moist % Color (moist) % Type' Loc2 - - -- /A4 9 Dr/ Water Table Present? Yes No Depth (inches): D- / - Saturation Present? (includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: g yoo� 0 'Type: C=Concentration, D=Depletion, RM=Reduced Matrix, 2Location: PL=Pore Lining, RC=Root Channel, M=Matrix. Hydric Soil Indicators: (Applicable to all LRjts, unless otherwise noted.) indicators for Problematic Hydric Soils': _ Histosol (A1) _ Sandy Redox (S5) _ 1 cm Muck (A9) (LRR C) _ Histic Epipedon (A2) _ Stripped Matrix (S6) _ 2 cm Muck (A10) (LRR B) _ Black Histic (A3) _ Loamy Mucky Mineral (F1) _ Reduced Vertic (F18) _ Hydrogen Sulfide (A4) _ Loamy Gleyed Matrix (F2) _ Red Parent Material (TF2) _ Stratified Layers (A5) (LRR C) _ Depleted Matrix (F3) _ Other (Explain in Remarks) _ 1 cm Muck (A9) (LRR D) _ Redox Dark Surface (F6) _ Depleted Below Dark Surface (A11) _ Depleted Dark Surface (F7) Thick Dark Surface (Al2) _ Redox Depressions (F8) _ Sandy Mucky Mineral (S1) _ Vemal Pools (F9) 'Indicators of hydrophytic vegetation and Sandy Gleyed Matrix (S4) wetland hydrology must be present. _ Restrictive Layer (if present): Type: �°"'' . Hydric Soil Present? Yes No 1 Y Depth (inches): Remarks: !/'J f 2 AL, lti�%L •1 i . Wetland Hydrology Indicators: Primary Indicators (any one indicator is sufficient) Secondary Indicators (2 or more reouired) _ Water Marks (B1) (Riverine) Surface Water (A1) ! Salt Crust (B11) _ Sediment Deposits (B2) (Rlverine) High Water Table (A2) _ Biotic Crust (812) _ Drift Deposits (B3) (Riverine) Saturation (A3) _ Aquatic Invertebrates (B13) ._ Drainage Patterns (B10) Water Marks (B1) (Nonriverine) _ Hydrogen Sulfide Odor (C1) _ Dry -Season Water Table (C2) _ Sediment Deposits (B2) (Nonriverine) _ Oxidized Rhizospheres along Living Roots (C3) _ Thin Muck Surface (C7) _ Drift Deposits (B3) (Nonriverine) _ Presence of Reduced Iron (C4) _ Crayfish Burrows (C8) _ Surface Soil Cracks (86) _ Rtrcent Iron Reduction in Plowed Soils (C6) _ Saturation Visible on Aerial Imagery (C9) _ Inundation Visible on Aerial Imagery (B7) _ Other (Explain in Remarks) _._. Shallow Aquitard (D3) Water -Stained Leaves (B9) _ FAC -Neutral Test (D5) _ Field Observations: / Surface Water Present? Yes No V Depth (inches): Wetland Hydrology Present? Yes Noy Water Table Present? Yes No Depth (inches): Yes No Depth (inches): Saturation Present? (includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: g yoo� 0 US Army Corps of Engineers Arid West—Version 11-1-2006 • • WETLAND DETERMINATION DATA FORM - Arid West Region ProjecUSite: TI mf.- / -k City/County: '" 1 '�Afl�Sampling Date: AV2-6/ Applicant/Ownerd�'� �4 T ttS' State: C0 Sampling Point: D/_-3 .Investigator(s): T+' #�4 � ;'�� Section, Township, Range: $ c- Z ` i �S� /` 9'�-G� Landform (hillslope, terrace, etc.): N 1. r,7 Local relief (concave, convex, none): rt''''/Ca &''L Slope (%): S I fr7e, ©�78' Datum: Subregion (LRR): to"?1 S` " ' �/�,�/. d) Lat: 3p• 4"3 4.-- Long: p Soil Map Unit Name: /"' L � �I Glia n 6 47 / ' / -G NWI classification: /�f�l ff (90/ ' o } Are climatic / hydrologic conditions on the site typical for this time of year? Yes .X No (If no, explain in Remarks.) / Are Vegetation , Soil , or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes V No Are Vegetation , Sof , or Hydrology naturally problematic? (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS - Attach site map showing sampling point locations, transects, important features, etc. • • Hydrophytic Vegetation Present? Hydric Soil Present? Wetland Hydrology Present? ,c f 0,7 "cf,,�-. % $-", FSS ()o'/. fad Remarks: Yes No Yes No Yes No Is the Sampled Area within a Wetland? Yes No VEGETaT'ION Absolute Dominant Indicator Tree Stratum (Use scientific names.) % Cover Species? Status 1. 2. 3. 4. Total Cover: Sapling/Shrub Stratum 1. 2. 3. 4. Herb Stratum / 17 Ni%wt�iit.. arele / *~-' 2. rolfis • .w.t t • ;44_ % -- y 4 f4? L aGG, *I Total Cover: 6. 71+A0 r Ai ;,, eemel.1..? . Total Cover: /0.3 (Si•s) (za.t. Woody Vine Stratum 1. % Bare Ground in Herb Stratum L 5 Dominance Test worksheet: Number of Dominant Species That Are OBL, FACW, or FAC: / (A) Total Number of Dominant Species Across All Strata: / (B) Percent of Dominant Species /b1, (A/B) That Are OBL, FACW, or FAC: Prevalence Index worksheet: Total % Cover of: Multiply bv: OBL species x 1 = FACW species x 2 = FAC species x 3 = FACU species x 4 = UPL species x 5 = Column Totals: (A) (B) Prevalence Index = B/A = Hydrophytic Vegetation Indicators: _ Dominance Test is >50% Prevalence Index is s3.0' _ Morphological Adaptations' (Provide supporting data in Remarks or on a separate sheet) Problematic Hydrophytic Vegetation' (Explain) 'Indicators of hydric soil and wetland hydrology must be present. Total Cover: Hydrophytic Vegetation %Cover of Biotic Crust 0 Present? 1l Remarks: 1At . �, �0� y1J� m i� � USG kr , &i- - f D,4, A.4----bt vy SM `II �"� e- 'N' /'V s ' CIA irow .� .i' jj- %y t.,- q AI G-ilahh4. �Vj tw b # o.f ttr.4.1 Ir: fo . l) Ei♦ 0.nfKsff q i a..(--/-17,44,01.1,4Si 0 h !w' ,t. G40.1 41 5, x. P.X.-5I � ,l.1.4{Ar 7 4t ,r,' 144, -- 1 v►�^+. 44-6.._ pe; US Arrny Corps of Engineers PP Arid West - Version 11-1-2006 Yes 1 No SOIL Sampling Point: De- Profile Description: (Describe to the depth needed to document the indicator or confirm the Depth Matrix . Redox Features absence of indicators.) Texture Remarks (inches) olor oist % ' Color (moist) % Type' Loc2 e -1 a ¥412T_, .— — — — heray/G%yy X-' ' . g' -/L/ 2.5y ./ 2 9s loyasit' • s C ei /ter ,t/may -1-4 Wetland Hydrology Present? Yes V No Water Table Present? Yes No ✓ Depth (inches): • Saturation (includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Nam 'Type: C=Concentration, D=Depletion, RM=Reduced Matrix. 'Location: PL=Pore Lining, RC=Root Channel, M=Matrix. Hydric Soil Indicators: (Applicable to all LRRs, unless otherwise noted.) Indicators for Problematic Hydric Soils': _ Histosol (A1) _ Sandy Redox (S5) _ 1 cm Muck (A9) (LRR C) _ Histic Epipedon (A2) _ Stripped Matrix (56) _ 2 cm Muck (A10) (LRR B) _ Black Histic (A3) _ Loamy Mucky Mineral (F1) _ Reduced Vertic (F18) _ Hydrogen Sulfide (A4) _ Loamy Gleyed Matrix (F2) _ Red Parent Material (TF2) Stratified Layers (A5) (LRR C) ✓ Depleted Matrix (F3) _ Other (Explain in Remarks) 1 cm Muck (A9) (LRR D) • _ Redox Dark Surface (F6) Depleted Below Dark Surface (A11) Depleted Dark Surface (F7) _ Thick Dark Surface (Al2) _ Redo* Depressions (F8) . Sandy Mucky Mineral (S1) ^ Vernal Pools (F9) 'indicators of hydrophytic vegetation and Sandy Gleyed Matrix (S4) wetland hydrology must be present. _ Restrictive Layer (i fpresent): Type: rrrsC Hydric Soil Present? Yes No Depth (inches): Remarks: !i%cAt-C /.0.44.1--*, rtjo k G.-� c 4.„4,.,.aS'3-sem 4/4 V7 a1/?74'+1^(Lr LOGY Wetland Hydrology Indicators: Primary Indicators (any one indicator is sufficient) Secondary Indicators (2 or more required) _ Water Marks (B1) (Riverine) ✓Surface Water (A1) _ Salt Crust (B11) _ Sediment Deposits (B2) (Riverine) _ High Water Table (A2) _ Biotic Crust (B12) _ Drift Deposits (B3) (Riverine) . Saturation (A3) _ Aquatic Invertebrates (B13) _ Drainage Patterns (B10) _ Water Marks (B1) (Nonriverine) Hydrogen Sulfide Odor (C1) _ Dry -Season Water Table (C2) _ Sediment Deposits (B2) (Nonriverine) Oxidized Rhizospheres along Living Roots (C3) Thin Muck Surface (C7) _ Drift Deposits (B3) (Nonrlverine) _ Presence of Reduced Iron (C4) _ Crayfish Burrows (C8) _ Surface Soil Cracks (B6) _ Recent Iron Reduction in Plowed Soils (C6) _ Saturation Visible on Aerial Imagery (C9) _ Inundation Visible on Aerial Imagery (B7) _ Other (Explain in Remarks) _ Shallow Aquitard (D3) _ Water -Stained Leaves (89) _ FAC -Neutral Test (D5) Field Observations: Surface Water Present? Yes ✓ No Depth (inches): ! - 2 -- Wetland Hydrology Present? Yes V No Water Table Present? Yes No ✓ Depth (inches): Present? Yes ✓ No Depth (inches): 0 Saturation (includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Nam Remarks: fi!! r'/ W 1( ,;)- of --.4-1,1-4-.. . i" " Tlo s 0.--c_.f►7.-.p "C a -.,%S „� s --kJ /pot- a siIL.; W [AV ;,.."- o,�S6..L 4- s r%.41 t..Jx-f r '1 /o141d ; c,,/// �t.t•�'� I �" US Army Corps of Engineers . Arid West - Version 11-1-2006 • • • Attachment B Site Photographs Attachment B Site Photographs Photo 1— Upland areas dominated by big sagebrush and cheatgrass. Photo 2 — PEM wetlands in the bottom of the tributary; notice the dense sagebrush along the wetland boundary. =comments and Settings \Andy\My Documents spine Eco \ Projects \06.024-014-001 Pioneer Gien\Corps Letter\121807 App B Photos.doc 1 • • • • • • A.Ipin Eco Attachment B Site Photographs Photo 3 — Pocket of broadleaf cattail in tributary wetland Photo 4 —Dense reed canarygrass in tributary wetland at confluence with Colorado River wetlands. C1Documents and Settings \Andy\My Documents\Alpine Boo \ Projects \06-024-014-001 Pioneer Glen\Corps Letter1121807 App B Photos.doc 2 • Attachment C Preconstruction Notification Form • U.S. Army Corps of Engineers South Pacific Division Nationwide Permit Pre -Construction Notification (PCN) Form This form integrates requirements of the Nationwide Permit Program within SPD, including General and Regional Conditions. Please consult instructions prior to completing this form. Box 1 Project Name Pioneer Glen Subdivision Applicant Name Mr. John Tallichet or Mr. Dennis Stahl Applicant Title Owner Applicant Company, Agency, etc. Specialty Restaurants Corporation Mailing Address 8191 East Kaiser Boulevard, Anaheim, CA 92808 Applicant's internal tracking number Of any) Work Phone with area code 714.279.6100 Home Phone with area code Fax # E-mail Address Relationship of applicant to property: Date (m/d/yyyy) Owner Purchaser Lessee Other: Application is hereby made for for authorization under a Corps with the information contained information is true, complete, proposed activities. I hereby above-described location to inspect after all necessary permits have verification that subject regulated nationwide permit or permits in this application, and that and accurate. I further certify grant to the agency to which the proposed, in -progress been received. activities associated with subject as described herein. I certify that to the best of my knowledge and that I possess the authority to undertake this application is made, the right or completed work. I agree to project qualify I am familiar belief, such the to enter the start work only o scan �te (m/�/vyyv) c (o 6 Box 2 Authorized Agent/Operator Name and Signature(If anagent isacting for the applicant during the permit process) Andy Herb Agent/Operator Title Ecologist Agent/Operator Company, Agency, etc. AlpineEco Mailing Address 1127 Adams Street, Denver, CO 80206 E-mail Address andyherb@alpine-eco.com Work Phone with area code 303.859.1475 Home Phone with area code Fax # CeII Phone # I hereby authorize the above named authorized agent to act in my behalf as my agent in the process ng of this application and to furnish, upon request, supplemental information in support of this permit application. I understand that I am bound by the actions of my agent and I understand that if a federal or state permit is issued, I, or my agent, must sign the permit. Signature of applicant Date (m/d/yyyy) I certify that I am familiar with the information contained in this application, and that to the best of my knowledge and belief, such information is true, complete, and accurate. Page 1 of 22 Revised January 3, 2006. For the most recent version of this form, visit your Corps District's Regulatory website. Signature of authorized agent Date (m/d/yyyy) Box 3 Name of property owner(s), if other than applicant: Owner Title Owner Company, Agency, etc. Mailing Address Work Phone Home Phone Box 4 Name of contractor(s) (if known): Contractor Title Contractor Company, Agency, etc. Mailing Address Work Phone Home Phone Include multiple copies of Box 5 for separate sites. Box 5 Site Number 1 of 1. Project location(s), including street address, city, county, state, zip code where proposed activity will occur: Garfield County, CO Waterbody (if known, otherwise enter "an unnamed tributary to"): Unnamed tributary to Colorado River Tributary to what known, downstream waterbody. Colorado River Latitude & longitude (D/M/S, DD, or uTM): 39.4232, 108.0598 Zoning Designation (no codes or abbreviations): Agricultural/Residential/Rural Density Assessors parcel number: 240924200154 Section, Township, Range: T7S, R96W, Section 24 USGS Quad map name: Parachute, Colorado Watershed and other location descriptions, if known: Colorado headwaters -Plateau (HUC 14010005) Directions to the project location: Take Parachute exit from I-70, go south on CR 215 approximately 0.5 mile, turn right on Stone Quarry Road and go approximately 4 miles to the site. Page 2 of 22 Revised January 3, 2006. For the most recent version of this form, visit your Corps District's Regulatory website. Nature of Activity (Description of project, include all features, see instructions): The placement of 68 cubic yards of soil and rock in wetlands for the construction of a new access road. Project Purpose (Description the reason or purpose of the project, see instructions): To provide vehicular access to a new residential subdivision with six large building lots. Use Box 6 if dredged and/or fill material is to be discharged: Box 6 Reason(s) for Discharge into waters of the United States: The project would result in the permanent loss of 1,220 square feet of wetlands in order to construct the roadway Type(s) of material being discharged and the amount of each type in cubic yards: 65 cubic yards of soil and less than 3 cubic yards of rock (riprap) Total surface area in acres of wetlands or other waters of the U.S. filled (see instructions): 1,220 sf Indicate States, in ACRES and LINEAR FEET (where appropriate) the proposed impacts to waters of the United and identify the impact(s) as permanent and/or temporary for each water body type listed below: Permanent Temporary Water Body Type Acres Linear feet Acres Linear feet Wetland 1,220 sf na 0 0 Riparian streambed 0 0 0 0 Unveg. streambed 0 0 0 0 Lake 0 0 0 0 Ocean 0 0 0 0 Other 0 0 0 0 Total: 1,220 " 0 0 0 Potential indirect and/or cumulative impacts of proposed discharge (if any): None are expected. Required drawings (see instructions): Vicinity map: IX Attached (or mail copy separately if applying electronically) To -scale Plan view drawing(s): 7 Attached (or mail copy separately if applying electronically) To -scale elevation and/or Cross Section drawing(s): X Attached (or mail copy separately if applying electronically) Page 3 of 22 Revised January 3, 2006. For the most recent version of this form, visit your Corps District's Regulatory website. Has a wetlands/waters of the U.S. delineation been completed? EXI Yes, Attached (or mail copy separately if applying electronically) ❑ No If a delineation has been completed, has it been verified in writing by the Corps? nYes, Date of approved jurisdictional determination (m/d/yyyy): Corps file number: ® No Please attach' one or more color photographs of the existing conditions (aerials if possible). 'or mail copy separately if applying electronically Dredge Volume: Indicate in CUBIC YARDS the quantity of material to be dredged or used as fill: 68 Indicate type(s) of material proposed to be discharged in waters of the United States: soil and rock For proposed discharges of dredged material into waters of the U.S. (including beach nourishment), please attache a proposed Sampling and Analysis Plan (SAP) prepared according to Inland Testing Manual (ITM) guidelines (including Tier I information, if available). 2or mail copy separately if applying electronically Is any portion of the work already complete? ❑ YES ® NO If yes, describe the work: Box 7 Intended NWP permit number3: 14 Intended NWP permit number (2"d): Intended NWP number (3rd): 3 Enter the intended permit type(s). See NWP regulations for permit types and qualification information (httn://www.usace.army.mil/inet/functions/cw/cecwo/reg/nationwide Dermits.htm). Box 8 Authority: Is Section 10 of the Rivers and Harbors Act applicable?: ❑ YES ® NO Is Section 404 of the Clean Water Act applicable?: ® YES ❑ NO Box 9 Is the discharge of fill or dredged material for which Section 10/404 authorization is sought part of a larger plan of development?: ►1 YES ❑ NO If discharge of fill or dredged material is part of development, name and proposed schedule for that larger development (start-up, duration, and completion dates): Location of larger development (If discharge of fill or dredged material is part of a plan of development, a map of suitable quality and detail of the entire project site should be included): Total area in acres of entire project area (including larger plan of development, where applicable): 35 acres Page 4 of 22 Revised January 3, 2006. For the most recent version of this form, visit your Corps District's Regulatory website. Box 10 Threatened or Endangered Species Please list any federally -listed (or proposed) threatened or endangered species or critical habitat within the project area (use scientific names (e.g., Genus species), if known): a. b. c. d. e. f. Have surveys, using U.S. Fish and Wildlife Service/NOAA Fisheries protocols, been conducted? 7 Yes, Report attached (or mail copy separately if applying electronically) // No If a federally -listed species would be impacted, please provide a description and a biological evaluation. n Yes, Report attached (or mail copy separately if applying electronically) Not attached Has the USFWS/NOAA Fisheries issued a Biological Opinion? Yes, Attached (or mail copy separately if applying electronically) /1 NO If yes, list date Opinion was issued (m/d/yyyy): Has Section 7 consultation been initiated by another federal agency? Yes, Initiation letter attached (or mail copy separately if applying electronically) /1 No Has Section 10 consultation been initiated for the proposed project? n Yes, Initiation letter attached (or mail copy separately if applying electronically) No Box 11 Historic properties and cultural resources: Please list any historic properties listed (or eligible to be listed) on the National Register of Historic Places: a. b. c. d. e. f. Are any cultural resources of any type known to exist on-site? [l Yes ' No Has an archaeological records search been conducted? ❑ Yes, Report attached (or mail copy separately if applying electronically) // No Has a archaeological pedestrian survey been conducted for the site? Yes, Report attached (or mail copy separately if applying electronically) No Has a Section 106 MOA been signed by another federal agency and the SHPO? ❑ Yes, Attached (or mail copy separately if applying electronically) No If yes, list date MOA was signed (m/d/yyyy): Has Section 106 consultation been initiated by another federal agency? 1 1 Yes, Initiation letter attached (or mail copy separately if applying electronically) No Page 5 of 22 Revised January 3, 2006. For the most recent version of this form, visit your Corps District's Regulatory website. Box 12 Measures taken to avoid and minimize impacts to waters of the United States (if any): The roadway footprint has been kept to the minimum necessary and was aligned to minimize impacts to wetlands to the maximum extent practicable. Include multiple copies of Box 13 for separate sites. Box 13 Proposed Compensatory Mitigation (site 1 of 1) related to fill/excavation and dredge activities. Indicate in ACRES and LINEAR FEET (where appropriate) the total quantity of waters of the United States proposed to be created, restored, enhanced and/or preserved for purposes of providing compensatory mitigation. Indicate water body type (wetland, riparian streambed, unvegetated streambed, lake, ocean, other) or non -jurisdictional (uplands5). Indicate mitigation type (on- or off-site by applicant, mitigation bank, in -lieu fee program): Water Body Type Totals: Created Restored Enhanced Preserved Mitigation type 5 For uplands, please indicate if designed as an upland buffer. If no mitigation is proposed, provide detailed explanation of why no mitigation would be necessary: Has a draft/conceptual mitigation plan been prepared in accordance with the Army Corps of Engineers District guidelines? ❑ Yes, Attached (or mail copy separately if applying electronically) ❑ No Mitigation site latitude & longitude (DSM/s, DD, or UTM): USGS Quad map name: Assessors parcel number: Section, Township, Range, USGS Quadrangle Map, Latitude/Longitude: Other location descriptions, if known: Directions to the mitigation location: Page 6 of 22 Revised January 3, 2006. For the most recent version of this form, visit your Corps District's Regulatory website. • • • Box 14 Water Quality Certification (see instructions): Applying for certification? U Yes, Attached (or mail copy separately if applying electronically) Z No Certification issued? PI Yes, Attached (or mail copy separately if applying electronically) ® No Exempt? ❑ Yes ❑ No If exempt, state why: Agency concurrence? ❑ Yes, Attached No Box 15 Coastal Zone Management Act (see instructions): Is the project located within the Coastal Zone? 1 1 Yes ® No If yes, applying for a coastal commission -approved Coastal Development Permit? ❑ Yes, Attached (or mail copy separately if applying electronically) ❑ No If no, applying for separate CZMA-consistency certification? Fl Yes, Attached (or mail copy separately if applying electronically) ❑ No Permit/Consistency issued? ❑ Yes, Attached (or mail copy separately if applying electronically) ❑ No Exempt? ❑ Yes ❑ No If exempt, state why: Box 16 List of other certifications or approvals/denials received from other federal, state, or local agencies for work described in this application: Agency Type Approval.' Identification No. Date Applied Date Approved Date Denied 4 Would include but is not restricted to zoning, building, and flood plain permits NWP General conditions (GC) checklist: 1. Navigation: Project would be in compliance with GC? ® Yes ❑ No 2. Proper Maintenance: Project would be in compliance with GC? ® Yes ❑ No 3. Erosion and Siltation Controls: Project would be in compliance with GC? X Yes 4. Aquatic Life Movements: No Project would be in compliance with GC? ❑ Yes 1 I No Page 7 of 22 Revised January 3, 2006. For the most recent version of this form, visit your Corps District's Regulatory website. S. Equipment: Project would be in compliance with GC? ® Yes ❑ No 6. Regional and Case -by -Case Conditions: Complete the Regional Conditions checklist below. Project would be in compliance with any Case-by-case conditions? ® Yes ❑ No 7. Wild and Scenic Rivers: Project would be in compliance with GC? ® Yes ❑ No 8. Tribal Rights: Project would be in compliance with GC? ® Yes ❑ No 9. Water Quality (401 Certification): see Box 14 above. 10. Coastal Zone Permit: see Box 15 above. 11. Endangered Species: see Box 11 above. 12. Historic Properties: see Box 12 above. 13. Notification (Check mark and provide those that apply) NWP 7, 12, 14, 18, 21, 34, 38, 39, 40, 41, 42, and 43: Delineation of wetlands and other waters of the U.S. n NWP 7: Original Design Capacity & Configurations n NWP 14: Compensatory Mitigation Proposal & written statement describing how temporary losses will be minimized to the maximum extent possible NWP 21: Office of Surface Mining or State -approved mitigation Plan n NWP 27: Documentation of Prior Condition of Site n NWP 29: Past use of NWP, statement of personal residence, parcel size description, land description f 1 NWP 31 (for repeat use): 5 year Maintenance Plan, baseline channel information, delineation, and disposal site information • NWP 33: Restoration Plan f 1 NWP 39, 43, and 44: Written Statement on Avoidance and Minimization Measures • NWP 39 and 42: Compensatory Mitigation Plan/Justifications of no plan • NWP 40: Compensatory Mitigation Proposal Page 8 of 22 Revised January 3, 2006. For the most recent version of this form, visit your Corps District's Regulatory website. • NWP 43: Maintenance Plan (for new construction) and compensatory mitigation proposal NWP 44: Description of affected waters, minimization measures and reclamation plan F1 NWPs 12, 14, 29, 39, 40, 42, 43, and 44: FEMA map, FEMA construction requirements and demonstration of FEMA compliance 14. Compliance Certification: Applicant is aware of this post -construction requirement? ® Yes 15. Use of Multiple Nationwide Permits: No Applicant is aware that if total proposed acreage of impact exceeds acreage limit of NWP with highest specified acreage, no NWP can be issued? ® Yes ❑ No 16. Water Supply Intakes: Project would be in compliance with GC? ® Yes ❑ No 17. Shellfish Beds: • Shellfish beds present? 1 ( Yes ® No • Project would be in compliance with GC? M Yes n No 18. Suitable Material: Project would be in compliance with GC? ® Yes n No 19. Mitigation: Project would be in compliance with GC? ® Yes I I No 20. Spawning Areas : Spawning areas present? ❑ Yes ® No Project would be in compliance with GC? ® Yes 21. Management of Water Flows: Project would be in compliance with GC? ® Yes Page 9 of 22 No ❑ No Revised January 3, 2006. For the most recent version of this form, visit your Corps District's Regulatory website. 22. Adverse Effects From Impoundments: Project would be in compliance with GC? ® Yes ❑ No 23. Waterfowl Breeding Areas: Waterfowl breeding areas present? ❑ Yes ® No Project would be in compliance with GC? ® Yes ❑ No 24. Removal of Temporary Fills: Project would be in compliance with GC? ® Yes ❑ No 25. Designated Critical Waters (checkthose that apply) Includes: 1) ❑ NOAA designated marine sanctuaries, 2) ❑ National Wild and Scenic Rivers, 3) ❑ Critical habitat for Federally listed species, 4) ❑ Coral reefs, 5) ❑ State natural heritage sites, 6) ❑ Officially designated waters Applicant is aware of the restrictions a) and b) below? ® Yes ❑ No a) NWP 7, 12, 14, 16, 17, 21, 29, 31, 35, 39, 40, 42, 43, and 44 : No NWP can be issued (except in certain cases described in full text of GC#25). b) NWP 3, 8, 10, 13, 15, 18, 19, 22, 23, 25, 27, 28, 30, 33, 34, 36, 37, and 38: Notification required. 26. Fills within 100 -Year Floodplains: Project would be within 100 -year floodplains? ® Yes ❑ No If yes, project would be in compliance with restrictions a) and b) below? ® Yes ❑ No a) Discharges Below Headwaters (be%w pointofscfs) resulting in permanent above - grade fills: NWP 29, 39, 40, 42, 43, and 44: No NWP can be issued. NWP 12 and 14: Notification required. Page 10 of 22 Revised January 3, 2006. For the most recent version of this form, visit your Corps District's Regulatory website. b) Discharges in Headwaters (above pointofscfs) resulting in permanent above -grade fills: Flood Fringe NWP 12, 14, 29, 39, 40, 42, 43, and 44: Notification required. Floodway NWP 29, 39, 40, 42, 43, and 44: No NWP can be issued. NWP 12 and 14: Notification required. 27. Construction Period Applicant is aware of requirements under this GC? Yes 1 1 No NWP-specific requirements checklist: 1. Nationwide 03 (case iii): Evidence of damage (due to storm, flood, etc.) such as recent topographic surveys or photographs attached? 1 (Yes ❑ No 2. Nationwide 07: NPDES permit or other proof of CWA Section 402 compliance attached? 3. Nationwides 13, 14, 18, 29, 39, 40, 42, 43, 44: Activity/crossing must be part of a single and complete project. Project would be in compliance with this requirement? ® Yes 1 1 No Yes ❑ No 4. Nationwide 31: As -built or approved engineering drawings for each structure attached? ❑ Yes ❑ No 5. Nationwide 40: Documentation of an NRCS exemption, a NRCS-certified wetland delineation, and a NRCS- approved compensatory mitigation plan attached? Yes No NWP Regional Conditions (RC) checklist: I. Los Angeles District (SPL) in Arizona and California: 1. Is the project located within a coastal watershed from the southern reach of the Santa Monica Mountains in Los Angeles County to the San Luis Obispo County/Monterey County boundary?1 1 Yes No Page 11 of 22 Revised January 3, 2006. For the most recent version of this form, visit your Corps District's Regulatory website. If yes, then would the project meet the requirement that all road crossings must employ a bridge crossing design that ensures passage and/or spawning of steelhead is not hindered in any way (see full RC text)? ❑ Yes ❑ No 2. Is the project located within the State of Arizona or the Mojave and Sonoran (Colorado) desert regions of California in the Los Angeles District (generally north and east of the San Gabriel, San Bernardino, San Jacinto, and Santa Rosa mountain ranges, and south of Little Lake, Inyo County)? ❑ Yes 0 No If yes, no NWPs, except 1, 2, 3, 4, 5, 6, 9, 10, 11, 20, 22, 27, 30, 31, 32, 35, 37, and 38 (or other nationwide or regional general permits that specifically authorize maintenance of previously authorized structures or fill), can be used to authorize the discharge of dredged or fill material into a jurisdictional special aquatic site as defined by 40 CFR 230.40-45. If yes, is applicant aware of restriction above? ❑ Yes ❑ No 3. Does NWP or Regional General Permit require prior notification (a PCN) be given to the District Engineer? ❑ Yes ❑ No If yes, are the required color photographs or color photocopies of the project area taken from representative points documented on a site map included? ❑ Yes ❑ No 4. Is project located in a special aquatic site as defined by 40 CFR 230.40-45 or in a perennial watercourse or waterbody in the State of Arizona or in the Mojave or Sonoran (Colorado) desert regions of California? ❑ Yes ❑ No If yes, notification pursuant to general condition #13 is required. 5. Is project located in an areas designated as Essential Fish Habitat? ❑ Yes ❑ No If yes, notification pursuant to general condition #13 is required. 6. Is project located within a watershed in the Santa Monica Mountains in Los Angeles and Ventura counties bounded by Calleguas Creek on the west, by Highway 101 on the north and east, and by Sunset Boulevard and Pacific Ocean on the south? ❑ Yes ❑ No If yes, notification pursuant to general condition #13 is required. 7. Would project impact jurisdictional vernal pools? If yes, then an individual permit is required. ❑ Yes ❑ No 8. Is project within the Murrieta Creek and Temecula Creek watersheds in Riverside County and does it require new permanent fills in perennial and intermittent watercourses? 0 Yes ❑ No Page 12 of 22 Revised January 3, 2006. For the most recent version of this form, visit your Corps District's Regulatory website. • • • If yes, then projects which would otherwise be authorized under NWPs 39, 42, or 43, will require an individual permit. Is project located in an ephemeral watercourse and is the impact greater than 0.1 acre? n Yes H No If yes, then projects which would otherwise be authorized under NWPs 39, 42, or 43, will require an individual permit. 9. Is project in San Luis Obispo Creek or Santa Rosa Creek in San Luis Obispo County for bank stabilization projects; or and in Gaviota Creek, Mission Creek or Carpinteria Creek in Santa Barbara County for bank stabilization projects and grade control structures? F1 Yes El No If yes, then an individual permit is required. II. Sacramento District (SPK) in California, Colorado, Nevada, and Utah: SPK Regional conditions to be applied across the entire Sacramento District including California, Colorado, Nevada, and Utah: A. Is the project in a fen? n Yes ® No Nationwide Permits 14, 29, 33, 39, 40, 41, 42, 43, and 44 are withdrawn from use in histosols, including fens. For the use of all other nationwide permits in fens, project proponents are required to notify the Corps using the notification or PCN procedures of the nationwide permit program (General Condition 13). This will be a "Corps only" notification. B. Will mitigation be completed before or concurrent with construction of the project? Z Yes No For all activities using any existing and proposed nationwide permits, mitigation that is required by special condition must be completed before or concurrent with project construction. Where project mitigation involves the use of a mitigation bank or in -lieu fee, payment must be made to the bank or fee -in -lieu program before commencing construction of the permitted activity. C. Is a statement attached explaining how avoidance and minimization of impacts were achieved? ® Yes ❑ No Page 13 of 22 Revised January 3, 2006. For the most recent version of this form, visit your Corps District's Regulatory website. For all nationwide permits requiring notification, except 27, the applicant must provide a written statement to the district engineer explaining how avoidance and minimization of loses of waters of the United States were achieved on the project site. D. Is the project in Lake Tahoe? ❑ Yes ® No All existing and proposed nationwide permits are suspended in the Lake Tahoe Basin in favor of using Regional General Permit 16. SPK Regional conditions to be applied only in California: None SPK Regional conditions to be applied in Nevada: None SPK Regional conditions to be applied in Utah: A. For use of any nationwide permit with the following attributes, notification of the Corps of Engineers' Utah Regulatory Office, using the "Notification" procedures of the Nationwide Permit Program (General Condition 13), is required, except where certain nationwide permits are restricted and can not be used as indicated in each category. This will be a "Corps only" notification: 1. Does the activity affect waters of the U.S. below the elevation 4217 feet msl adjacent to the Great Salt Lake and below 4500 feet msl adjacent to Utah Lake? ❑ Yes ❑ No 2..Does the activity involve bank stabilization in a perennial stream? ❑ Yes ❑ No Bank stabilization activities that would affect more than 100 feet of stream length as measured from the upstream portion of the affected bank to the downstream section, narrow the cross-section of the stream, substantially reduce the riparian vegetation, or increase velocities. 3. Does the activity affect springs.? ❑ Yes ❑ No A spring is an aquatic feature caused by ground water being discharged to the surface, creating wetland and/or stream characteristics. Nationwide Permits 14, 16, 18, 29, 33, 36, 39, 40, 42, 43, and 44 can not be used in spring areas. SPK Regional conditions to be applied only in Colorado: A. SPK Regional Conditions Applicable to Specific Nationwide Permits Within Colorado: 1. Does the action involve the use of Nationwide Permit No. 13 Bank Stabilization? ❑ Yes ® No Page 14 of 22 Revised January 3, 2006. For the most recent version of this form, visit your Corps District's Regulatory website. In Colorado, bank stabilization activities necessary for erosion prevention in streams that average less than 20 feet in width (measured between the ordinary high water marks) are limited to the placement of no more than 1/4 cubic yard of material per running foot below the plane of the ordinary high water mark. Activities greater than 1/4 cubic yard may be authorized if the permittee notifies the District Engineer in accordance with General Condition No. 13 (Notification) and the Corps determines the adverse environmental effects are minimal. 2. Does the activity involve the use of Nationwide Permit No. 27 Stream and Wetland Restoration Activities? Yes ® No (1) For activities which include a fishery enhancement component, notification will include a letter from the Colorado Division of Wildlife concurring that the project will benefit the fishery; and (2) for projects in streams classified as "Gold Metal Waters", Nationwide Permit No. 27 may not be used. For such projects, the applicant can apply for the existing Colorado Regional General Permit No. CO -00-16900 (Stream Habitat Improvement Structures) or a standard individual permit. B. SPK Regional Conditions Applicable to All Nationwide Permits Within Colorado. 1. Does the activity involve the use of temporary fills? Yes ® No Removal of Temporary Fills. General Condition No. 24 (Removal of Temporary Fills) is amended by adding the following: When temporary fills are placed in wetlands in Colorado, a horizontal marker (i.e. fabric, certifies weed -free straw, etc.) must be used to delineate the existing ground elevation of wetlands that will be temporarily filled during construction. 2. Does the activity involve fills in Important Spawning Areas? I 1 Yes ® No Important Spawning Areas. General Condition No. 20 (Spawning Areas) is amended by adding the following: In Colorado, activities which; (1) would destroy important spawning areas; (2) would be conducted in these waters during spawning seasons for trout and Kokanee salmon (spawning season for rainbow and cutthroat trout is March 15 through July 15, and for brown and brook trout and Kokanee salmon is September 15 through March 15); or (3) would have greater than minimal release of sediments during these spawning seasons are not authorized by any nationwide permit. Bio -engineering techniques, such as native riparian shrub plantings are required for all bank protection activities that exceed 50 linear feet in important spawning areas. Important spawning areas are identified in the attached list (enclosure 1) of critical resource waters in Colorado. C. SPK Regional Conditions for Revocations Specific to Certain Geographic Areas within Colorado: 1. Does any activity occur in a fen? ❑ Yes ❑ No Fens: In Colorado, nationwide permits No. 1, 2, 4, 6-11, 13-19, 21-25, 28-31, 33-36, and 39-44 are revoked for activities in these regionally important aquatic resources. Fens are defined as wetlands which are characterized by water logged spongy ground and contain (in all or part) soils classified as histosols* or mineral soils with a histic epipedon*. To determine whether this provision applies, the entire wetland must be examined for the presence of histosols or histic epipedons. *Histosols have 40 centimeters (16 inches) or more of the upper 80 centimeters (32 inches) an organic soil material (or less over bedrock). Organic soil material has an organic carbon content (by weight) of 12 to 18 percent, or more, depending on the clay content of the soil. Histic epipedons have a 20 to 60 centimeter -thick (8-24 inches) organic soil horizon that is at or near the surface of a mineral soil. Histosols and histic epipedons are widely recognized as organic soils formed by slow accumulation of plant debris in Page 15 of 22 Revised January 3, 2006. For the most recent version of this form, visit your Corps District's Regulatory website. waterlogged situations where it cannot decompose. (More information on histosols can be obtained from the U.S. Department of Agriculture, Natural Resources Conservation Service publications on Keys to Soil Taxonomy and Field Indicators of Hydric Soils in the United States. 2. Does any activity occur within 100 feet of a spring? ❑ Yes ® No Springs: Within the State of Colorado, all nationwide permits are revoked within 100 feet of the water source of natural springs. A spring source is defined as any location where ground water emanates from a point in the ground. For purposes of this regional condition, springs do not include seeps or other discharges that do not have a defined channel. D. Practices Applicable to All Nationwide Permits Within Colorado (SPK). The following provides additional information regarding minimization of impacts and compliance with existing general Conditions: 1. Permittees are reminded of the existing General Condition No. 18 which prohibits the use of unsuitable material. Organic debris, building waste, asphalt, car bodies, and junk materials are not suitable material. Also, General Condition No. 3 requires appropriate erosion and sediment controls (i.e. all fills must be properly stabilized to prevent erosion and siltation into waters and wetlands). Streambed material or other small aggregate material placed alone for bank stabilization will not meet General Condition No. 3. 2. Permittees are encouraged to mitigate project impacts prior to or concurrent with project construction. This issue continues to be a concern and the Corps prefers at this time to request that nationwide permit notification submittals explicitly address prior to or concurrent mitigation or the reasons why mitigation cannot occur prior to or concurrent with project construction. 3. Does any activity occur within a critical resource water of Colorado? ❑ Yes // No In accordance with General Condition No. 25 (Designated Critical Resource Waters) waters within the State of Colorado listed in Enclosure 1 (Critical Resource Waters in Colorado) are designated as critical resource waters. Enclosure 1 CRITICAL RESOURCE WATERS IN COLORADO In accordance with General Condition No. 25 (Designated Critical Resource Waters) the following waters within the State of Colorado are designated as critical resource waters: a. Outstanding Natural Resource Waters: Cache la Poudre Basin: All tributaries to the cache La Poudre River system, including all lakes and reservoirs, which are within Rock Mountain National Park; Page 16 of 22 Revised January 3, 2006. For the most recent version of this form, visit your Corps District's Regulatory website. • Laramie River: All tributaries to the Laramie River system, including all lakes and reservoirs which are in the Rawah Wilderness Area; North Fork Gunnison River: All tributaries to North Fork Gunnison River system, including lakes, reservoirs and wetlands within the West Elk and Raggeds Wilderness Area; North Platte River: All tributaries to the North Platte River and Encampment Rivers, including all lakes and reservoirs, which are in the Mount Zirkle Wilderness Area; San Miguel River: All tributaries, lakes, reservoirs, and wetlands within the boundaries of the Lizard Head and Mt. Sneffels Wilderness Area; Roaring Fork River: All tributaries to the Roaring Fork River system, including lakes, reservoirs and wetlands within the Maroon Bells/Snowmass Wilderness Area; Umcompahgre River: All tributaries to the Uncompahgre River system, including lakes, reservoirs, and wetlands within the Mt. Sneffels and Big Blue Wilderness Areas; Upper Arkansas River Basin: All streams, wetlands, lakes, and reservoirs within the Mount Massive and Collegiate Peaks Wilderness Areas; Upper Colorado River: Mainstem of the Colorado River system including tributaries, lakes, reservoirs, and wetlands within Rocky Mountain National Park; Upper Gunnison River Basin: All tributaries, lakes, reservoirs, and wetlands in the La Garita Wilderness Area. All tributaries to the Gunnison River system, including lakes, reservoirs, and wetlands within West Elk, Collegiate Peaks, Maroon Bells, Raggeds, Fossil Ridge, Oh -Be -Joyful and Big Blue Wilderness Areas; White River: Trapper's Lake and tributaries to Trapper's Lake; Yampa River: All tributaries to the Yampa River, including lakes, reservoirs and wetlands within Zirkle Wilderness Area. b. Important Spawning areas: In Colorado , important spawning areas are defined as "Gold Metal Waters' as identified by the State of Colorado. Gold Metal Waters are defined in the Colorado Fishing Season Information brochure, on the Colorado Division of Wildlife website www.dnr.state.co.us, or can be obtained at any Corps office in Colorado. III. Albuquerque District (SPA) in Colorado, New Mexico, and Texas: SPA Regional conditions to be applied only in Colorado 1. Is the project for bank stabilization activities necessary for erosion prevention in streams • that average less than 20 feet in width (measured between the ordinary high water Page 17 of 22 Revised January 3, 2006. For the most recent version of this form, visit your Corps District's Regulatory website. marks) limited to the placement of no more than 1/4 cubic yards of material per running foot below the plane of the ordinary high water mark? ❑ Yes ❑ No If yes, notification pursuant to general condition # 13 is required. 2. Is the project located in streams classified as `Gold Metal Waters"? ❑ Yes ❑ No If yes, nationwide permit number 27 may not be used. Applicant must apply for a Standard Individual permit. 3. Is project for Stream and Wetland Restoration activities which include a fishery enhancement component ❑ Yes ❑ No If yes, letter from the Colorado Division of Wildlife concurring that the project will benefit the fishery. 4. Is the project using or removing temporary fills in wetlands? ❑ Yes ❑ No If yes, a horizontal marker (i.e., fabric, certifies weed -free straw, etc.) must be used to delineate the existing ground elevation of wetlands that will be temporarily used during construction. 5. Is project located in an Important Spawning Area and is the work being done during spawning season (March 15 — July 15; and September 15 — July 15)? ❑ Yes ❑ No If yes, not authorized by any nationwide permit. If no, bio -engineering techniques, such as native riparian shrub plantings are required for all bank protection activities that exceed 50 linear feet in important spawning areas. See Critical Resource Waters in Colorado. 6. Is project located in a wetland, and are fens present? ❑ Yes ❑ No If yes, Nationwide Permit Numbers 1, 2, 4, 6-11, 13-19, 21-25, 28-31, 33-36, and 39-44 are revoked. 7. Is project located within 100 feet of the water source of a natural spring? ❑Yes ❑ No If yes, all nationwide permits are revoked. 8. Does NWP or Regional General Permit require prior notification (a PCN) be given to the District Engineer? ❑ Yes ❑ No Page 18 of 22 Revised January 3, 2006. For the most recent version of this form, visit your Corps District's Regulatory website. If yes, are the required color photographs or color photocopies of the project area taken from representative points documented on a site map included? Fl Yes ❑ No 9. Is project located in a special aquatic site as defined by 40 CFR 230.40-45 or in a perennial watercourse or waterbody in the State of Colorado? II Yes If yes, notification pursuant to general condition #13 is required. 10. Is project located in a areas designated as Essential Fish Habitat? ❑ Yes If yes, notification pursuant to general condition #13 is required. SPA Regional conditions to be applied only in New Mexico No No 1. Is the project for utility line discharges crossing in waterways wider than 200 feet? ❑ Yes ❑ No If yes, notification pursuant to general condition # 13 is required. 2. Is the project for bank stabilization activities necessary for erosion prevention in streams that average less than 20 feet in width (measured between the ordinary high water marks) limited to the placement of no more than 1/4 cubic yards of material per running foot below the plane of the ordinary high water mark? Yes 1 I No If yes, notification pursuant to general condition # 13 is required. 3. Is the project for linear transportation crossings in perennial waterways? Yes No If yes, culverts shall be designed to provide for fish passage. Culverts shall be designed and installed so that waterflow shall be at least 0.8 feet deep, the maximum hydraulic drop in the culvert shall not exceed 0.8 ft, and the maximum velocity shall not exceed 4.0 fps for culverts less than 100 feet long, 3.0 fps for culverts 100-200 feet long, and 2.0 fps for culverts longer than 200 feet. 4. Is project for stream and wetland restoration or enhancement activities that incorporate the use of rip -rap, channelization, or levees? II Yes ❑ No If yes, notification pursuant to general condition #13 is required. 5. Is the project for residential, commercial, and institutional development? Page 19 of 22 Revised January 3, 2006. For the most recent version•of this form, visit your Corps District's Regulatory website. ❑ Yes ❑ No If yes, not authorized for channelization or relocation of any intermittent or perennial water course regardless of size or rate of flow. 6. Is project for mining activities? ❑ Yes ❑ No If yes, nationwide permit is revoked. 7. Is the project activity involve fills in perennial waters or wetlands larger than 1/2 acre? r] Yes No If yes, applicant must apply for a Standard Individual Permit. 8. Is project located within 100 feet of the water source of a natural spring? ❑Yes El No If yes, all nationwide permits are revoked. 9. Does the project require temporary water diversion or totally dewatering more than 100 linear feet of stream channel? ❑ Yes ❑ No If yes, applicant must apply for a Standard Individual Permit. If no, notification pursuant to general condition # 13 is required. 10. Is the project located in a special aquatic site, including wetlands, whose principal activity is not water dependent? ❑ Yes ❑ No If yes, notification pursuant to general condition #13 is required? 11. Is the project requiring external notification sent to the appropriate city, county, or tribal agencies for their comments? El Yes ❑ No If yes, for activities authorized by NWP No. 4, 13, 27, and 30 the District Engineer (DE) will notify the New Mexico Department of Game and Fish and other appropriate agencies. 12. Is project using any poured concrete, heavy equipment, fuel, or petrochemicals within 100 feet of any water of the U.S. including wetlands? ❑ Yes ❑ No If yes, notification pursuant to general condition #13 is required. 13. Is project located in an important spawning area and is the work to be done during spawning season (March 15 — July 15; and September 15 — July 15)? ❑ Yes ❑ No Page 20 of 22 Revised January 3, 2006. For the most recent version of this form, visit your Corps District's Regulatory website. • If yes, not authorized by any nationwide If no, notification pursuant to general condition #13 is required. 14. Will project result in changes to local stream gradient, streambed elevation, direction, velocity of streamflow, or cause significant changes in channel size, shape and streambank habitat (unless the project specifically designed to restore previously degraded and unstable streams)? [l Yes No If yes, notification pursuant to general condition # 13 is required. 15. Is project located in an area designated as a Critical Resource Water? Yes n No If yes, notification pursuant to general condition #13 is required. SPA Regional conditions to be applied only in Texas 1. Is project located in an area designated as a Critical Resource Water? n Yes If yes, notification pursuant to general condition #13 is required. IV. San Francisco District (SPN): No No SPN Regional Condition checklist is currently available. Please refer to original text of SPN regional conditions. End of form **************************************************************************** Instructions: 1) Box 5: a. Nature of Activity: Describe the overall activity or project. Give appropriate dimensions of structures such as wingwalls, dikes (identify the materials to be used in construction, as well as the methods by which the work is to be done), or excavations (length, width, and height). Indicate wether discharge of dredged or fill material is involved. Also, identify any structure to be constructed on a fill, piles, or float -supported platforms. The written descriptions and illustrations are an important part of the application. Please describe, in detail, what you wish to Page 21 of 22 Revised January 3, 2006. For the most recent version of this form, visit your Corps District's Regulatory website. do. If more space is needed, attach a separate sheet marked "Box 5 Nature of Activity." b. Proposed Project Purpose: Describe the purpose and need for the proposed project. What will it be used for and why? Also include a brief description of any related activities to be developed as the result of the proposed project. 2) Box 6: a. Corps jurisdiction consists of waters of the U.S. Waters of the U.S. are defined under 33 CFR part 329 as `navigable waters of the United States" and/or under 33 CFR part 328.3(a) as "waters of the United States." Under Section 404 of the Clean water Act, either the ordinary high water mark (non -tidal) or the high tide line (tidal), as well as any adjacent wetlands, demarcate waters of the U.S. Under Section 10 of the Rivers and Harbors Act, either the mean high water mark (tidal) or the ordinary high water mark (non -tidal), as well as any adjacent wetlands, demarcate waters of the U.S. Wetlands are identified and delineated using the methods and criteria established in the Corps Wetland Delineation Manual (1987 Manual) (i.e., occurrence of hydrophytic vegetation, hydric soils and wetland hydrology). The term "adjacent" means bordering, contiguous, or neighboring. Wetlands separated from other waters of the U.S. by man-made dikes or barriers, natural river berms, beach dunes, and the like are also adjacent. b. Required drawings: Submit one legible copy of all drawings (8 1/2 x 11 -inch or 11 x 17 -inch) with a 1 -inch margin around the entire sheet. The title box shall contain the title of proposed activity, name of water body, county, city, date, and sheet number. i. Vicinity map: Cover an area large enough so the project can be easily located, include arrow marking the project area, Identifiable land marks, name or number of roads, north arrow, and scale. ii. Plan view: Include existing bank lines, ordinary high water mark line(s), average water depth around the activity, dimensions of the proposed project, dimensions of any structures immediately adjacent to the proposed activity, north arrow, scale. iii. Elevation and/or cross-section views: water elevation as shown on plan view drawing, dimensions of the proposed project, dimensions of any structures immediately adjacent to the proposed activity, scale 3) Box 14: You may need State water quality certification from the appropriate state or tribal agency (e.g., Regional Water Quality Control Board for non -tribal California lands). You need not have obtained water quality certification before applying for a Corps nationwide permit verification. 4) Box 15: You may need a federal coastal consistency certification under the Coastal Zone Management Act from the appropriate state agency (e.g., California Coastal Commission for California Coastal Commission). You need not have obtained federal coastal consistency certification before applying for a Corps nationwide permit verification. Page 22 of 22 Revised January 3, 2006. For the most recent version of this form, visit your Corps District's Regulatory website. • Attachment D • Wetland Vegetation Table 0 Attachment D Common Wetland Plants in the Stud Area Redtop ....... _: Showy milkweed Canada thistle Western goldentop Foxtail barley Baltic rush Scratchgrass„ Watercress Reed canarygrass' Kentucky bluegrass Spotted Iadysthumb Annual rabbitfoot gr Curly dock larrowieaf willow Softstem bulrush Sa ltcella r _ errnedl ate wheatgrass Broadleaf cattail American speedwell Veronica americana OBL Rough cocklebur Xanthium strumarium FAC 1 Nomenclature presented in this table follows the Plants Database (NRCS 2007). 2 Indicator status based on national indicators for Region 8 developed by Reed (1988). OBL = obligate wetland species, >99% probability of occurring in a wetland; FACW = facultative wetland species, 67-99% probability of occurring in a wetland; FAC = facultative species, 34-66% probability of occurring in a wetland; FACU = facultative upland species, <33% probability of occurring in a wetland; and UPL = <1% probability of occurring in a wetland. If the species is not included in Reed (1988) then the designation NL, Not Listed, is shown. If insufficient data were available to determine the indicator status of a species, then NI, No Indicator, is shown. A positive (+) indicates a frequency of occurrence toward the higher end of the category (more frequently found in wetlands), a negative (-) indicates a frequency of occurrence toward the lower end of the category (less frequently found in wetlands), and an asterisk (*) means that the status given is a tentative assignment based on limited information. Agroshs gigantea Asdepas speciosa Carexpe/lita _ Cirs/um arvense Euthamra occidentalis Hordeum jubatum Juncus ba/ticus Muh/enbergia asper/folia_ Nasturtium ofcinale Pha/aris arundinacea Poa, pratenss Polygonum persicaria NI FACW OBL FACU OBI. FAC FACW FACW_... OBL ass Polypogon monspeliensis Rumex crispus Salix exi 9�,ua Schoenoplectus, tabernaemontani Tamarix ramosissima Thinopyrum rntermediutn Typha'latifolia OBL FACU FACW FACW+_ FACW OBL OBL FACW UPL._._._... OBL • • • Attachment E • Jurisdictional Determination Form 0 APPROVED JURISDICTIONAL DETERMINATION FORM U.S. Army Corps of Engineers This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook. SECTION I: BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD): B. DISTRICT OFFICE, FILE NAME, AND NUMBER: C. PROJECT LOCATION AND BACKGROUND INFORMATION: State:COLORADO County/parish/borough: GARFIELD City: PARACHUTE Center coordinates of site (lat/long in degree decimal format): Lat. 39.4232 ° s, Long. 108.0598° _ Universal Transverse Mercator: 12753093, 4367867 (NAD83) Name of nearest waterbody: COLORADO RIVER Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows: COLORADO RIVER Name of watershed or Hydrologic Unit Code (HUC): 14010005 (Colorado Headwaters—Plateau). Check if map/diagram of review area and/or potential jurisdictional areas is/are available upon request. Check if other sites (e.g., offsite mitigation sites, disposal sites, etc...) are associated with this action and are recorded on a different JD form. D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): Office (Desk) Determination. Date: Field Determination. Date(s): SECTION II: SUMMARY OF FINDINGS A. RHA SECTION 10 DETERMINATION OF JURISDICTION. There "navigable waters of the U.S." within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in the review area. [Required] Waters subject to the ebb and flow of the tide. Waters are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce. Explain: . B. CWA SECTION 404 DETERMINATION OF JURISDICTION. There "waters of the U.S." within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area. [Required] 1. Waters of the U.S. a. Indicate presence of waters of U.S. in review area (check all that apply): 1 I. TNWs, including territorial seas Wetlands adjacent to TNWs Relatively permanent waters2 (RPWs) that flow directly or indirectly into TNWs Non-RPWs that flow directly or indirectly into TNWs Wetlands directly abutting RPWs that flow directly or indirectly into TNWs Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs Impoundments of jurisdictional waters Isolated (interstate or intrastate) waters, including isolated wetlands b. Identify (estimate) size of waters of the U.S. in the review area: Non -wetland waters: 0 linear feet: 0 width (ft) and/or 0.00 acres. Wetlands: 0.52 acres. c. Limits (boundaries) of jurisdiction based on: Elevation of established OHWM (if known): 2. Non-regulated waters/wetlands (check if applicable):; Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional. Explain: Boxes checked below shall be supported by completing the appropriate sections in Section III below. 2 For purposes of this form, an RPW is defined as a tributary that is not a TNW and that typically flows year-round or has continuous flow at least "seasonally" (e.g., typically 3 months). 3 Supporting documentation is presented in Section III.F. • • SECTION III: CWA ANALYSIS A. TNWs AND WETLANDS ADJACENT TO TNWs The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWs. If the aquatic resource is a TNW, complete Section III.A.1 and Section III.D.1. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections III.A.1 and 2 and Section III.D.1.; otherwise, see Section III.B below. 1. TNW Identify TNW: Summarize rationale supporting determination: 2. Wetland adjacent to TNW Summarize rationale supporting conclusion that wetland is "adjacent": B. CHARACTERISTICS OF TRIBUTARY (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (IF ANY): This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, if any, and it helps determine whether or not the standards for jurisdiction established under Rapanos have been met. The agencies will assert jurisdiction over non -navigable tributaries of TNWs where the tributaries are "relatively permanent waters" (RPWs), i.e. tributaries that typically flow year-round or have continuous flow at least seasonally (e.g., typically 3 months). A wetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNW, but has year-round (perennial) flow, skip to Section III.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flow, skip to Section III.D.4. A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation. Corps districts and EPA regions will include in the record any available information that documents the existence of a significant nexus between a relatively permanent tributary that is not perennial (and its adjacent wetlands if any) and a traditional navigable water, even though a significant nexus finding is not required as a matter of law. If the waterbody4 is not an RPW, or a wetland directly abutting an RPW, a JD will require additional data to determine if the waterbody has a significant nexus with a TNW. If the tributary has adjacent wetlands, the significant nexus evaluation must consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for analytical purposes, the tributary and all of its adjacent wetlands is used whether the review area identified in the JD request is the tributary, or its adjacent wetlands, or both. If the JD covers a tributary with adjacent wetlands, complete Section III.B.1 for the tributary, Section III.B.2 for any onsite wetlands, and Section III.B.3 for all wetlands adjacent to that tributary, both onsite and offsite. The determination whether a significant nexus exists is determined in Section III.0 below. 1. Characteristics of non-TNWs that flow directly or indirectly into TNW (i) General Area Conditions: Watershed size: Drainage area: s` Average annual rainfall: Average annual snowfall: inches inches (ii) Physical Characteristics: (a) Relationship with TNW: 0 Tributary flows directly into TNW. ❑ Tributary flows through fai tributaries before entering TNW. Project waters are Project waters are Project waters are Project waters are river miles from TNW. river miles from RPW. aerial (straight) miles from TNW. aerial (straight) miles from RPW. Project waters cross or serve as state boundaries. Explain: Identify flow route to TNW5: Tributary stream order, if known: ° Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the arid West. 5 Flow route can be described by identifying, e.g., tributary a, which flows through the review area, to flow into tributary b, which then flows into TNW. (b) General Tributary Characteristics (check all that apply): Tributary is: 0 Natural ❑ Artificial (man-made). Explain: ❑ Manipulated (man -altered). Explain: Tributary properties with respect to top of bank (estimate): Average width: feet Average depth: feet Average side slopes: Primary tributary substrate composition (check all that apply): ❑ Silts 0 Sands ❑ Cobbles 0 Gravel 0 Bedrock 0 Vegetation. Type/% cover: ❑ Other. Explain: ❑ Concrete ❑ Muck Tributary condition/stability [e.g., highly eroding, sloughing banks]. Explain: Presence ofrun/riffle/.00l complexes. Explain: Tributary geometry: Tributary gradient (approximate average slope): (c) Flow: Tributary provides for: Estimate average number of flow events in review area/year: Describe flow regime: Other information on duration and volume: Surface flow is: Characteristics: Subsurface flow: `' Explain findings: 0 Dye (or other) test performed: Tributary has (check all that apply): ❑ Bed and banks 0 OHWM6 (check all indicators that apply): O clear, natural line impressed on the bank O changes in the character of soil O shelving O vegetation matted down, bent, or absent O leaf litter disturbed or washed away ❑ sediment deposition O water staining ❑ other (list): 0 Discontinuous OHWM.7 Explain: 0000❑❑❑ the presence of litter and debris destruction of terrestrial vegetation the presence of wrack line sediment sorting scour multiple observed or predicted flow events abrupt change in plant community If factors other than the OHWM were used to determine lateral extent of CWA jurisdiction (check all that apply): High Tide Line indicated by: MIMean High Water Mark indicated by: ❑ oil or scum line along shore objects 0 survey to available datum; ❑ fine shell or debris deposits (foreshore) 0 physical markings; ❑ physical markings/characteristics ❑ vegetation lines/changes in vegetation types. ❑ tidal gauges ❑ other (list): (iii) Chemical Characteristics: Characterize tributary (e.g., water color is clear, discolored, oily film; water quality; general watershed characteristics, etc.). Explain: Identify specific pollutants, if known: 6A natural or man-made discontinuity in the OHWM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground, or where the OHWM has been removed by development or agricultural practices). Where there is a break in the OHWM that is unrelated to the waterbody's flow regime (e.g., flow over a rock outcrop or through a culvert), the agencies will look for indicators of flow above and below the break. 'Ibid. • • • • • • (iv) Biological Characteristics. Channel supports (check all that apply): ❑ Riparian corridor. Characteristics (type, average width): ❑ Wetland fringe. Characteristics: O Habitat for: ❑ Federally Listed species. Explain findings: ❑ Fish/spawn areas. Explain findings: ❑ Other environmentally -sensitive species. Explain findings: ❑ Aquatic/wildlife diversity. Explain fmdings: 2. Characteristics of wetlands adjacent to non-TNW that flow directly or indirectly into TNW (i) Physical Characteristics: (a) General Wetland Characteristics: Properties: Wetland size: 0.52 acres Wetland type. Explain: PEM/PSS. Wetland quality. Explain: MODERATE TO HIGH; GOOD GENERAL WILDLIFE HABITAT, SEDIMENT STABILIZATION, AND FOOD CHAIN SUPPORT. Project wetlands cross or serve as state boundaries. Explain: NO. (b) General Flow Relationship with Non-TNW: Flow is ::, ,' < t , Explain: WETLAND APPEARS TO BE PERMANENTLY SATURATED; LIKELY DISCHARGES TO TNW YEAR-ROUND. Surface flow is: L. Characteristics: SURFACE FLOW OBSERVED IN VERY SMALL CHANNEL THAT FAILS TO MAINTAIN A DEFINED BED AND BANK IN ALL LOCATIONS. Subsurface flow: TA. Explain findings: GROUNDWATER DISCHARGE OBSERVED AT SEEP NEAR UPPER END OF WETLAND; NO DEFINED CHANNEL, BUT APPEARS TO BE YEAR-ROUND DISCHARGE. ❑ Dye (or other) test performed: . (c) Wetland Adjacency Determination with Non-TNW: ® Directly abutting ❑ Not directly abutting ❑ Discrete wetland hydrologic connection. Explain: ❑ Ecological connection. Explain: ❑ Separated by berm/barrier. Explain: (d) Proximity (Relationship) to TNW Project wetlands are Project waters are Flow is from: Mr, Estimate approximate location of wetland as within the river miles from TNW. aerial (straight) miles from TNW. floodplain. (ii) Chemical Characteristics: Characterize wetland system (e.g., water color is clear, brown, oil film on surface; water quality; general watershed characteristics; etc.). Explain: NO WATER QUALITY ISSUES OBSERVED, BUT SITE IS RECEIVING RUNOFF FROM RURAL RESIDENTIAL AND SOME AGRICULTURAL PROPERTIES. Identify specific pollutants, if known: SUBSTANTIAL AMOUNT OF SEDIMENT BEING TRANSPORTED. (iii) Biological Characteristics. Wetland supports (check all that apply): ® Riparian buffer. Characteristics (type, average width):PATCHES OF WOODY RIPARIAN VEGETATION ALONG WETLAND PERIMETER. ® Vegetation type/percent cover. Explain:NARROW RIBBON OF PEM/PSS WETLAND WITH 80 TO 100 PERCENT COVER. ❑ Habitat for: 0 Federally Listed species. Explain findings: ❑ Fish/spawn areas. Explain findings: O Other environmentally -sensitive species. Explain findings: ❑ Aquatic/wildlife diversity. Explain findings: 3. Characteristics of all wetlands adjacent to the tributary (if any) All wetland(s) being considered in the cumulative analysis: Approximately ( 0.52 ) acres in total are being considered in the cumulative analysis. For each wetland, specify the following: Directly abuts? (Y/N) Y Size (in acres) 0.52 Directly abuts? (Y/N) Size (in acres) Summarize overall biological, chemical and physical functions being performed: MOST IMPORTANT FUNCTIONS OF THE SITE ARE GENERAL WILDLIFE HABITAT, SEDIMENT STABILIZATION, AND FOOD CHAIN SUPPORT. C. SIGNIFICANT NEXUS DETERMINATION A significant nexus analysis will assess the flow characteristics and functions of the tributary itself and the functions performed by any wetlands adjacent to the tributary to determine if they significantly affect the chemical, physical, and biological integrity of a TNW. For each of the following situations, a significant nexus exists if the tributary, in combination with all of its adjacent wetlands, has more than a speculative or insubstantial effect on the chemical, physical and/or biological integrity of a TNW. Considerations when evaluating significant nexus include, but are not limited to the volume, duration, and frequency of the flow of water in the tributary and its proximity to a TNW, and the functions performed by the tributary and all its adjacent wetlands. It is not appropriate to determine significant nexus based solely on any specific threshold of distance (e.g. between a tributary and its adjacent wetland or between a tributary and the TNW). Similarly, the fact an adjacent wetland lies within or outside of a floodplain is not solely determinative of significant nexus. Draw connections between the features documented and the effects on the TNW, as identified in the Rapanos Guidance and discussed in the Instructional Guidebook. Factors to consider include, for example: • Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to carry pollutants or flood waters to TNWs, or to reduce the amount of pollutants or flood waters reaching a TNW? • Does the tributary, in combination with its adjacent wetlands (if any), provide habitat and lifecycle support functions for fish and other species, such as feeding, nesting, spawning, or rearing young for species that are present in the TNW? • Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that support downstream foodwebs? • Does the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, or biological integrity of the TNW? Note: the above list of considerations is not inclusive and other functions observed or known to occur should be documented below: 1. Significant nexus findings for non-RPW that has no adjacent wetlands and flows directly or indirectly into TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary itself, then go to Section III.D: 2. Significant nexus findings for non-RPW and its adjacent wetlands, where the non-RPW flows directly or indirectly into TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to Section III.D: 3. Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to Section III.D: D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL THAT APPLY): 1. TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area: TNWs: linear feet width (ft), Or, acres. In Wetlands adjacent to TNWs: acres. 2. RPWs that flow directly or indirectly into TNWs. ®®' Tributaries of TNWs where tributaries typically flow year-round are jurisdictional. Provide data and rationale indicating that tributary is perennial: SITE WAS DISCHARGING WATER IN OCTOBER AND BASED ON THE PRESENCE OF DENSE PEM/PSS WETLAND IS WET YEAR-ROUND.. Tributaries of TNW where tributaries have continuous flow "seasonally" (e.g., typically three months each year) are jurisdictional. Data supporting this conclusion is provided at Section III.B. Provide rationale indicating that tributary flows seasonally: • • • • • Provide estimates for jurisdictional waters in the review area (check all that apply): Tributary waters: linear feet width (ft). Other non -wetland waters: acres. Identify type(s) of waters: 3. Non-RPWs8 that flow directly or indirectly into TNWs. Waterbody that is not a TNW or an RPW, but flows directly or indirectly into a TNW, and it has a significant nexus with a TNW is jurisdictional. Data supporting this conclusion is provided at Section III.C. Provide estimates for jurisdictional waters within the review area (check all that apply): Tributary waters: linear feet width (ft). Other non -wetland waters: acres. Identify type(s) of waters: 4. Wetlands directly abutting an RPW that flow directly or indirectly into TNWs. Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands. Wetlands directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale indicating that tributary is perennial in Section III.D.2, above. Provide rationale indicating that wetland is directly abutting an RPW: WETLANDS ARE DENSELY VEGETATED AND DOMINATED BY SPECIES THAT REQUIRE MORE THAN EPHEMERAL SATURATION. THE RPW IS THE CHANNEL FOUND IN PORTIONS OF THE WETLAND, WHICH CARRIES WATER FROM THE WATERSHED ABOVE TO THE COLORADO RIVER (OUTSIDE OF STUDY AREA) . Wetlands directly abutting an RPW where tributaries typically flow "seasonally." Provide data indicating that tributary is seasonal in Section III.B and rationale in Section III.D.2, above. Provide rationale indicating that wetland is directly abutting an RPW: Provide acreage estimates for jurisdictional wetlands in the review area: 2.16 acres. 5. Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs. Wetlands that do not directly abut an RPW, but when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisidictional. Data supporting this conclusion is provided at Section III.C. Provide acreage estimates for jurisdictional wetlands in the review area: acres. 6. Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs. Wetlands adjacent to such waters, and have when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisdictional. Data supporting this conclusion is provided at Section III.C. Provide estimates for jurisdictional wetlands in the review area: acres. 7. Impoundments of jurisdictional waters.9 As a general rule, the impoundment of a jurisdictional tributary remains jurisdictional. Demonstrate that impoundment was created from "waters of the U.S.," or Demonstrate that water meets the criteria for one of the categories presented above (1-6), or Demonstrate that water is isolated with a nexus to commerce (see E below). E. ISOLATED [INTERSTATE OR INTRA -STATE] WATERS, INCLUDING ISOLATED WETLANDS, THE USE, DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANY SUCH WATERS (CHECK ALL THAT APPLY):" which are or could be used by interstate or foreign travelers for recreational or other purposes. from which fish or shellfish are or could be taken and sold in interstate or foreign commerce. 8See Footnote # 3. 9 To complete the analysis referto the key in Section III.D.6 of the Instructional Guidebook. 10 Prior to asserting or declining CWA jurisdiction based solely on this category, Corps Districts will elevate the action to Corps and EPA HQ for review consistent with the process described in the Corps/EPA Memorandum Regarding CWA Act Jurisdiction Fol/owing Rapanos. which are or could be used for industrial purposes by industries in interstate commerce. Interstate isolated waters. Explain: Other factors. Explain: Identify water body and summarize rationale supporting determination: Provide estimates for jurisdictional waters in the review area (check all that apply): Tributary waters: linear feet width (ft). Other non -wetland waters: acres. Identify type(s) of waters: la Wetlands: acres. F. NON -JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY): If potential wetlands were assessed within the review area, these areas did not meet the criteria in the 1987 Corps of Engineers Wetland Delineation Manual and/or appropriate Regional Supplements. El Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce. 0 Prior to the Jan 2001 Supreme Court decision in "SWANCC," the review area would have been regulated based solely on the "Migratory Bird Rule" (MBR). 1 Waters do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction. Explain: Other: (explain, if not covered above): Provide acreage estimates for non jurisdictional waters in the review area, where the sole potential basis of jurisdiction is the MBR factors (i.e., presence of migratory birds, presence of endangered species, use of water for irrigated agriculture), using best professional judgment (check all that apply): Non -wetland waters (i.e., rivers, streams): linear feet width (ft). Lakes/ponds: acres. Other non -wetland waters: acres. List type of aquatic resource: Wetlands: acres. Provide acreage estimates for non jurisdictional waters in the review area that do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction (check all that apply): Non -wetland waters (i.e., rivers, streams): linear feet, width (ft). Lakes/ponds: acres. Other non -wetland waters: acres. List type of aquatic resource: Wetlands: acres. SECTION IV: DATA SOURCES. A. SUPPORTING DATA. Data reviewed for JD (check all that apply - checked items shall be included in case file and, where checked and requested, appropriately reference sources below): Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant: Data sheets prepared/submitted by or on behalf of the applicant/consultant. 0 Office concurs with data sheets/delineation report. ❑ Office does not concur with data sheets/delineation report. Data sheets prepared by the Corps: Corps navigable waters' study: . U.S. Geological Survey Hydrologic Atlas: ❑ USGS NHD data. ❑ USGS 8 and 12 digit HUC maps. U.S. Geological Survey map(s). Cite scale & quad name:1:24000; PARACHUTE, COLORADO. USDA Natural Resources Conservation Service Soil Survey. Citation: WEBSURVEY. National wetlands inventory map(s). Cite name: . State/Local wetland inventory map(s): . f FEMA/FIRM maps: . 100 -year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929) Photographs: ® Aerial (Name & Date):GOOGLE EARTH, 2008. or 0 Other (Name & Date): . Previous determination(s). File no. and date of response letter: Applicable/supporting case law: . Applicable/supporting scientific literature: Other information (please specify): • B. ADDITIONAL COMMENTS TO SUPPORT JD: • • • • • BAKER0HOGAN*HOUX ARCHITECTURE & PLANNING / A.LA. / P.C. FINAL PLAT APPLICATION Pioneer Glen Subdivision EXHIBIT 11 WATER SUPPLY REPORT WATER QUALITY REPORT WEST DIVIDE WATER CONSERVANCY DISTRICT CONTRACT WELL PERMITS 2/12/08 WATER QUALITY RESULTS • • P.O. Box 1908 1011 Grand Avenue Glenwood Springs, CO 81602 fre" Z4NC4NELL4 4NG) 4SSC?CI4TES, INC. ENGINEERING COM SULT4NTS' February 23, 2007 Mr. Toby Guccini Rocky Mountain Realtors, Inc. 820 Castle Valley Blvd., Suite 108 New Castle, CO 81647-9453 Re: Pioneer Glen Water Supply Dear Toby: (970) 945-5700 (970) 945-1253 Fax This letter summarizes the development and documentation of a water supply for the Pioneer Glen Subdivision, a development by Specialty Restaurants Corporation, proposed near Battlement Mesa, Colorado; lying in Section 24 of Township 7 South, Range 96 West of the 6th Principal Meridian, in Garfield County. Project Information The development of the water supply outlined below is based on information provided by Rocky Mountain Realtors and Boundaries Unlimited which indicated a subdivision plan calling for six lots, each with an oversized single family dwelling rated as 2.0 equivalent residential units (EQRs) and 5,000 square feet of ordinary lawn and garden area irrigation equivalence. Wastewater will be disposed of via Individual Sewage Disposal Systems (ISDS; i.e. septic tanks with leach fields). The development requires a reliable year-round potable water supply. Water Usage The proposed development's anticipated average water usage by month, is presented on the attached Table 1. The table provides for in-house use of 350 gallons per day per EQR, and assumes that ISDS operation will result in consumptive use of 15% of total in- house usage. The table also provides for an annual consumptive irrigation requirement of 2.44 feet for the lawn and garden areas, and assumes an application efficiency of 80 percent, which is typical for sprinkler systems. Our estimate for the total annual volume of water required by these demands came to 6.81 acre-feet, or approximately 2.2 million gallons, shown on Table 1. This is the average annual amount of water which we estimate the subdivision will divert at full build out. The proposed project can be supplied by pumping from wells on the property. The highest average monthly pumping rate is 6.7 gallons per minute (gpm) for the entire development in the month of July, which equates to 1.1 gpm per lot. The instantaneous demand may be three, or more, times that number, however, with an appropriately sized water tank on each lot, the instantaneous diversion rate will not need to exceed 5 gpm per lot. Table 1 also contains estimated monthly consumptive use figures, which sum to an estimated 2.39 acre-feet annually. The rate at which the consumptive use of the water pumped from the aquifer tributary to the Colorado River impacts stream flow could differ somewhat from the rate at which it is diverted. This is commonly referred to as delayed impact or lagging. Delayed impacts to the nearby river were accounted for using aquifer parameters derived from a pump test of a representative monitoring well on the property, specifically PGS Well 5. The depletion lagging analysis showed virtually no delay. A 5 percent transit loss (water Toss from augmentation source to development diversion point) contingency was added to the resulting distribution of monthly consumptive use to yield total monthly needs for replacement water or augmentation. This resulted in an annual total of 2.51 acre-feet Physical Supply The need for a reliable year-round water supply suggests that a groundwater source could be best suited to meeting the development's water requirements. Well Construction Well locations were developed based on information from Boundaries Unlimited. A total of seven wells were drilled. Of the seven wells drilled, six were found to be capable of domestic production, and one was a dry hole that was plugged. The well permits and construction reports for the six wells are attached, and well detail drawings are presented on Figures 2 through 7. Due to various factors involving Boundaries Unlimited and the Grand Valley Fire Protection District, PGS Well Nos. 1 and 3 will need to have their locations corrected when they are permitted as fee wells. In addition PGS Well No. 1, which is actually located on Lot 3, will need an access easement across the common right of way and Lot 3, as presented on Figure 1. Pump Tests Samuelson Pump Company conducted a 4 -hour pump test on each well. After each pump test, well recovery was monitored for 30 minutes. The well recovery monitoring was limited because of time restrictions of the project schedule. The attached Tables 2 through 7 provide the pump test data for each respective well; please notice that each of these tables consists of two pages. Figures 8 through 19, see attached, present the pump test water level and recovery data for each of the wells. The wells generally appear to recover normally. The attached Table 8 presents a summary of the pump test data. During the 4 -hour tests, all of the wells successfully produced more than 5 gpm, however pumping in excess of 5 gpm is not recommended for PGS Well Nos. 1, 2, and 6. Zancanella & Associates Pg. 2 of S Z:121000121824 Tallc het121824.2 BattlementMesal 2006+1W ater Supply Report.doc • • During the pump tests, basic water quality field tests were conducted and water samples were collected for laboratory analysis. Water Quality A summary of the water quality test results is presented as Table 9, attached. It contains values of Temperature, pH, Conductivity, TDS, Nitrate, Nitrite, Total Coliforms, and E. Coli for each well. It also shows that additional analyses of inorganic constituents and radionuclides were performed on a sample from PGS Well No. 5. Laboratory reporting forms are attached as well. The presence of coliform bacteria was observed in samples from PGS Well Nos. 2, 3, and 5, however the samples were not collected after the wells had been permanently fitted with pumps and disinfected. The tests will need to be rerun, and will likely yield acceptable results after disinfection. The inorganic test results for PGS Well No. 5 indicate that the sample was very hard, and contained high levels of dissolved solids (referred to as TDS), especially sulfate, which can cause taste, odor, and even gastrointestinal problems in some cases, although it is not regulated under the Primary Drinking Water Regulations which list contaminants considered threats to the public health. Conductivity is an indirect measure of TDS. The conversion factor of 0.70 shown on the table was taken from the inorganic test results for PGS Weil No 5. The conductivity values themselves exceed irrigation water salinity hazard thresholds. The TDS values exceed the secondary drinking water standard. The secondary standard is not enforceable; it is a recommendation based on taste, odor, and other aesthetic considerations. Salinity hazard thresholds are not enforceable either, but if the water is used for Tong -term sprinkler irrigation of common desirable plant species, it will result in a build up of ions in the soil which will reduce vigor and eventually kill the plants. There are a few salt tolerant species which are exceptions to this rule, but in general, the water is not suitable for irrigation of ordinary lawns and gardens. There are several options for mitigating these issues. For one, an under -the -sink RO (reverse osmosis) unit should be installed in each residence to improve the quality of the drinking water. Another means of mitigation would be pumping irrigation water from the river. A general schematic showing a pump house and main distribution lines is shown on Figure 1. Under the specific conditions present on the property, this type of raw water irrigation system would not change the volumes or timing of diversions or consumptive use, only the source and quality. Hydrologic Budget The capacities of the wells are sufficient to meet the proposed water diversion requirements. This does not necessarily mean that the local hydrologic budget will successfully bear the depletion over the long term. For this reason it is important to monitor the aquifer in order to identify any trends, which may be seasonal, periodic, or long-term in nature. We recommend keeping a log of well soundings on a quarterly Zancanelia & Associates Pg. 3 of S 2:12 1 0 0 012 1 824 TallIchet121824.2 BattlementMesal 2008+1Water Supply Report.doc basis, beginning as soon as possible and continuing as long as groundwater supplies are used. Development of the raw water irrigation system will enhance aquifer recharge by importing water from the river and thus help maintain well levels. Further Development of Supply In order to provide the subdivision with the ability to meet peak -hour demands, we recommend that a storage tank be incorporated into each lot's water system. We are available to help with tank sizing. Fire protection storage will also be needed. As mentioned above, a raw water irrigation system is also strongly recommended. Legal Supply As you are aware, in the State of Colorado, the legal right to apply water to beneficial use must be obtained in addition to identifying the presence of a physical supply. West Divide Contract In many situations, establishment of a water right requires filing a claim with the water court, however, that should not be necessary for this development, as it is located within the West Divide Water Conservancy District (WDWCD). WDWCD can use its water rights to provide augmentation water within its boundaries. Augmentation water is water diverted under a senior priority which may be used to replace water diverted out of priority by junior users. WDWCD has designated an area within which it can, by contract, legally provide replacement water under its existing substitute supply plan, known as Area A. The subject property lies entirely within Area A. WDWCD augmentation has generally been accepted by Garfield County in the past. We, therefore, recommend that a West Divide Water Conservancy District contract be used Accordingly, we prepared and submitted a WDWCD contract application for 2.6 acre-feet of water. The contract application was approved by WDWCD on February 19, 2007. Summary We estimate the proposed subdivision will divert a total of 6.81 acre ft annually, of which 2.39 acre -ft will be used consumptively, with a annual augmentation requirement of 2.51 acre -ft. We estimate the maximum monthly average diversion rate to be 6.7 gpm throughout the month of July for the entire subdivision. Our evaluation of the newly completed test wells shows that the wells' capacities should be sufficient to meet the demand. We recommend that the aquifer be monitored for trends in water level to allow for continual evaluation of the long-term viability of the source. The wells will need to be re -permitted as fee wells for residential use. Laboratory test results show that the quality of the groundwater on site is such that there may be aesthetic issues related to its use as drinking water, and that it is not well suited for lawn and garden irrigation. For this reason we hereby recommend that all Zancanella & Associates Pg. 4 of 5 7121000\21824 TaMkhet121824.2 BattlementMesal 2008+\Water Supply Report.doc • • • drinking water be treated by under -the -sink type RO units, and that all irrigation water be pumped from the river. If you have any questions, please call our office at (970) 945-5700. Very truly yours, Zancanella & Associates, Inc. Thomas A. Zancanella, P.E. S. Collin Robinson, El cc: David Tallichet Yvonne Bryant Attachments Zancanella & Associates Pg. 5 of 5 Z:\21000\21824 Tallichet\21824.2 8attlementMesal 20061 -Mater Supply Report.doc Water Demand and Consumptive Use Summary gig g i4 , W W o K va < X x 00 0 0 0 Q 0) M) 623+1 B 01 YO]CCV M a • • 023023 O s:- N'4DR VNO'ti V CS o o d 0 o d 0 0 0 o a in c3 0 C23000r El El Ci O 0000000 OOs- :2 d Q d Q O d 0 d d d 0 O d 0000 O .- N 5,3 V' V' NV d000ci000dddoN W vv<vvlcmoocgrnma;� 000 d d s- CV F) co N w O_ In-house Outside (Well Supply) (River Supply) Total Rate far. -A( lac -41 (aGR( f04 O O O 8 O r N .9 4 4 M V d d d 0 0 0 d 0 d d O O M ol 0000 Sr N4441OVQ d d o o O d O d O O d Cl [P O O Q O O O O O O Q O E r. d d d d d O o O d d d d d W O{C1Cas-POol CV N CV nl al ni 7 M cG Sv .g.(0 vo .., r avctlacNQ,t$wgal23Tm 000000006QOOW a d d d Q O a a O 0 0 0 N O o 0 0 0 Q O O d d O o mr Wit—,..% III Q a 3 a 8 • • GROUND LEVEL 59 PGS Well 3 DRILLED UNDER PERMIT # 271355 2160 FNL, 2320 FWL SE NW 4 SECTION 24 T7S, R96W, 6TH PM COMPLETED 12/22/06 SOIL, SAND, GRAVELS (0-59') WASATCH FORMATION (59-73') 43,4- 50- 60- 73 73 - TOTAL DEPTH 73' 0 NATIVE FILL MATERIAL 0,-10' CEMENT 10'-25' 0' TO 60' 9' HOLE DIAMETER 1' TO 50' 7' PLAIN STEEL CASING 0,240' WALL THICKNESS STATIC WATER LEVEL = 43.4' ON JANUARY 4, 2007 a,ae 50' TO 60' 7' STEEL PERFORATED CASING 0,240 WALL THICKNESS 60' TO 73' 6.5' HOLE DIAMETER 59' TO 73' 5.5' PVC CASING 0.250' WALL THICKNESS .SCALE. NOT TO SCALE PGS Well 3 Detail DRAW BY! DLR DATE. 5 Feb 2007 CHKD BY' TJK APPD BY1 TAZ SHEET 1 OF 1 PLAN N0. see footer Pioneer Glen Subdivision ZANCANELLA AND ASSLTCIATES, INC EN67NEERIN6 CL7NS,JL TANTS POST OFFICE BOX 1008 - 1011 GRAND AVENUE GLi415000 SPRINGS, COLORADO 81802 (970) 945-5700 PRD.JECT. 21824.2 Jan 02 07 10:58a Wayne Shelton 970-9274801 P.1 WELL CONSTRUCTION AND TEST REPORT STATE OF COLORADO, OFFICE OF THE STATE ENGINEER FOR OFFICE USE ONLY 1. WELL PERMIT NUMBER 271350 X 2. Owner Name(s): Speciality Restaurants Corp Mailing Address: %Zancanella & Associates P.O. Box 1908 City, State, Zip : Glenwood Springs, Co 81602 Phone # APPROVAL 0 G WS31-91-03 WELL LOCATION AS DRILLED Range: 96 W 3. SE 1/4 NW 1/4 Sec: 24 Twp: 7 S DISTANCES FROM SEC. LINES 2000 ft. from North Sec. line and 2500 ft. from West Sec. line OR Easting: Northing: SUBDIVISION: Pioneer Glen LOT: 2 BLOCK FILING (UNIT): STREET ADDRESS AT LOCATION 4 GROUND SURFACE ELEVATION ft. DRILLING METHOD Air Rotary DATF, COMPLETED: 12/222006 TOTAL DEPTH: 85 DEPTH COMPLETION: 85 5. GEOLOGIC LOG 6. HOLE DIAMETER (in) FROM (ft) TO (ft) Depth Type of Material (Size, Color, and Type) 9.0 0 67 000-067 Sand, Gravels, Silts 6.5 67 85 067-085 Wasatch Formation 7. PLAIN CASING OD (in) Kind Wall Size From (it) To (ft) 7.0 Steel 0.240 -1 47 5.5 PVC 0.250 65 85 I PERF. CASING : Screen Slot Size 7.0 Steel 0.240 47 67 Water Located: 45 - 67 Remarks : 8. Filter Pack Material : Size . Interval . 9. Packer Placement Type = Depth : 10. GROUTING RECORD Material Amount Density hucrval Placement Cement 5 sks 6 gallsk 10-25 poured 1 11. DISINFECTION : Type : HTH Amt. Used : 2 oz. 12. WELL TEST DATA : () Check Box If Test Data Is Submitted On Supplemental TESTING METHOD : Air Compressor Static Level : 43 ft. Date/Time Measured 12/22/2006 Production Rate 4 gpm Pumping Level : Total ft. Date/Time Measured 12/22/2006 Test Length : 2 hours Test Remarks : 13. 1 ha c reed thgwal1n �nts nude a e n aad taow ehgq c� ia1�cnts Unroof, and that they are true to my kmawtt:dg (Pursuant lo Section 24-4-1-4 (13)(a) CRS. the making of Gds: statements eoostlM wy m t c stxo artd sa pw3stmbic as a class I misdemcaaor.) CONTRACTOR : Shelton Drilling Corp. Phone : (970) 927-4182 Mailing Address : P.O. Box 1059 Basalt, Co. 81621 Lic. No. 1095 Name / Title (Please Type or Print) Wayne Shelton / President Signature Date ' 1/2/2007 Form No. OFFICE OF THE STATE ENGINEER GWS -25 COLORADO DIVISION OF WATER RESOURCES S 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 868-3581 • APPLICANT LIC WELL PERMIT NUMBER 271350 DIV. 5 WD 45 DES. BASIN MD SPECIALTY RESTAURANTS CORPORATION C/O ZANCANELLA & ASSOC INC PO BOX 1908 GLENWOOD SPRINGS, CO 81602- (970) 945-5700 PERMIT TO CONSTRUCT A WELL APPROVED WELL LOCATION GARFIELD COUNTY SE 1/4 NW 1/4 Section 24 Township 7 S Range 96 W Sixth P.M. DISTANCES FROM SECTION LINES 1975 Ft. from North 2410 Ft. from West Section Line Section Line UTM COORDINATES (Meters,Zone:13,NAD83) Easting: Northing: ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights, The issuance of this permit does not ensure that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the Water Wet Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37-92-602(3)(b)(I) for uses as described in CRS 37-92-602(1)(f). Use of this well Is limited to monitoring water levels and/or water quality sampling. This well is known as PGS WELL 2. 4) This well must be equipped with a locking cap or seal to prevent well contamination or possible hazards as an open well. The well must be kept capped and locked at all times except during sampling or measuring. 5) Records of water level measurements and water quality analyses shall be maintained by the well owner and submitted to the Division of Water Resources upon request. 6) Upon conclusion of the monitoring program the well owner shall plug this well in accordance with Rule 16 of the Water Well Construction Rules. A Well Abandonment Report must be completed and submitted to the Division of Water Resources within 60 days of plugging. 7) The owner shall mark the well in a conspicuous place with the well permit number and name of aquifer as appropriate, and shall take necessary means and precautions to preserve these markings. 8) This well must be constructed by or under the supervision of a licensed well driller or other authorized individual according to the Water Well Construction Rules. If non-standard construction is anticipated, a variance request must be submitted in accordance with Rule 18 and approved prior to well construction. 9) A Well Construction and Test Report (Form GWS -31), including lithologic log must be submitted by the individual authorized to construct the well. For non-standard construction, the report must include an as -built drawing showing details such as depth, casing, perforated zones, and a description of the grouting type and interval. 10) This well shall be constructed not more than 200 feet from the location specified on this permit2,rotera4,4 APPROVED JSG `Receipt No. 3609812E Zi/ State Engineer DATE ISSUED 10-26-2006 By EXPIRATION DATE 10-26-2008 , GROUND LEVEL PGS Well 2 DRILLED UNDER PERMIT # 271350 2000 FNL, 2500 FWL SE 4 NW 4 SECTION 24 T7S, R96W, 6TH PM COMPLETED 12/22/06 SILT, SAND, GRAVELS (0-67') 0 37,85- 47- 67 67- 8 WASATCH FORMA11ON (67-85') 5 TOTAL DEPTH 85' 85- S r NATIVE FILL MATERIAL 0'-10' CEMENT 10'-25' O' TO 67' 9' HOLE DIAMETER -1' TO 47' '�- 7' PLAIN STEEL CASING 8240' WALL THICKNESS STATIC WATER LEVEL = 37,85' ON JANUARY 3, 2007 „o_( 000( o0O o. o°O( o° ( o°off 0 o° r 4 47' TO 67' 7' STEEL PERFORATED CASING 0,240' WALL THICKNESS 67' TO 85' 6,5' HOLE DIAMETER 65' TO 85' 5 5' PVC CASING 0.250' WALL THICKNESS PGS Well 2 Detail SCALE' NOT TO SCALE DATE, 5 Feb 2007 SHEET 1 OF DRAWN BY. CHKD 1111 DLR 7.11( APPD BY. TA2 PLAN Na see tooter Pioneer Glen Subdivision ZANCANAZLA AND 4S'SI7CIAT INC, ENGINEERING sllL TAN s PM DAME BOX VENUE MENA= MAIM =MOO 5102 WO)CRAW A 5700 FIGURE NQ PRIJECTt 21524,2 •SCALE: 1" = 250' General Location Map (S24 T7S R96W) DATE 8 Feb 2007 SHEET: 1 OF 1 DRAWN BY: SCR CHKD BY: APPD 8Y: DRAWING: WellLocs.dwg Pioneer Glen Subdivision /f ZANCANELLA AND ASSOC/A7E5; /NC. ENG/NEER/NO CONSULTANTS POST OFFICE BOX 1908 - 1011 GRAND AVENUE GLETIWJOD SPRINGS, COLORADO e1e0Z (970) 945-5700 FIGURE NO. 1 PROJECT: 21824.2 GROUND LEVEL PGS Well 1 DRILLED UNDER PERMIT # 271349 2075 FN L, 2395 FWL SE NW i SECTION 24 T7S, R96W, 6TH PM COMPLETED 1/4/07 48 60 8 TOTAL DEPTH 80' 0 CLAYS, COBBLES (0-48') CLAY (48-60') WASATCH FORMATION (60-80') 0 42- 50- 62- 80 - NATIVE FILL MATERIAL 0,-10' CEMENT 10'-25' 0' TO 62' 9' HOLE DIAMETER -1' TO 42' 7' PLAIN STEEL CASING 0,240' WALL THICKNESS STATIC WATER LEVEL = 42.3' ON JANUARY 4, 2007 oOO�. 42' TO 50' o°oma 7' STEEL PERFORATED CASING 0.240' WALL THICKNESS 50' TO 62' 7' PLAIN STEEL CASING 0.240' WALL THICKNESS 62' TO S0' 6.5' HOLE DIAMETER 60' TO 80' 5 5' PVC CASING 0250" WALL THICKNESS PGS Well 1 Detail SCALE NOT TO SCALE DATE' 5 Fab 2007 SHEET 1OF1 DRAWN rel DLR CHRD Sri TAC APPD BY TAZ PLAN Ni. sea footar Pioneer Glen Subdivision i ZANCANELLA AND ASSOCIATES, INL: ENcZN££RINS CDNSi 4NTS POST OFF1CR 00X 1900 - 1011 GRAND AVENUE OUNOOOD SPEW* COLORADO 111$02 (97o) 045-6700 FIGURE NQ PRDJECT' 21824.2 Form No. GWS -25 APPLICANT OFFICE OF THE STATE ENGINEER COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman Sl., Denver, Colorado 80203 (303) 868-3581 LIC WELL PERMIT NUMBER 271349 DIV. 5 WD 45 DES. BASIN MD SPECIALTY RESTAURANTS CORPORATION 0/0 ZANCANELLA & ASSOC INC PO BOX 1908 GLENWOOD SPRINGS, CO 81602- (970) 945-5700 PERMIT TO CONSTRUCT A WELL APPROVED WELL LOCATION GARFIELD COUNTY SE 1/4 NW 1/4 Section 24 Township 7 S Range 96 W Sixth P.M. DISTANCES FROM SECTION LINES 2155 Ft. from North Section Line 2400 Ft. from West Section Line UTM COORDINATES (Meters,Zone:13,NAD83) Easting: Northing: 1) 2) 3) 4) 5) 6) 7) 8) 9) 10) ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF ¢FFROVAL This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit does not ensure that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. Approved pursuant to CRS 37-92-602(3)(b)(I) for uses as described in CRS 37-92-602(1)(f). Use of this well is limited to monitoring water levels and/or water quality sampling. This well is known as PGS WELL 1. This well must be equipped with a locking cap or seal to prevent well contamination or possible hazards as an open well. The well must be kept capped and locked at all times except during sampling or measuring. Records of water level measurements and water quality analyses shall be maintained by the well owner and submitted to the Division of Water Resources upon request. Upon conclusion of the monitoring program the well owner shall plug this well in accordance with Rule 16 of the Water Well Construction Rules. A Well Abandonment Report must be completed and submitted to the Division of Water Resources within 60 days of plugging. The owner shall mark the well in a conspicuous place with the well permit number and name of aquifer as appropriate, and shall take necessary means and precautions to preserve these markings. This well must be constructed by or under the supervision of a licensed well driller or other authorized individual according to the Water Well Construction Rules. If non-standard construction is anticipated, a variance request must be submitted in accordance with Rule 18 and approved prior to well construction, A Well Construction and Test Report (Form GWS -31), including lithologlc log must be submitted by the Individual authorized to construct the well. For non-standard construction, the report must include an as -built drawing showing details such as depth, casing, perforated zones, and a description of the grouting type and interval. This well shall be constructed not more than 200 feet from the location specified on this perrrO 'a/x4704 APPROVED JSG ,Receipt No. 3609812A State Engineer By EXPIRATION DATE DATE ISSUED 10-26-2006 10-26-2008 , Feb 06 07 12:04p Wayne Shelton 970-927-3801 p.1 WELL CONSTRUCTION AND TEST REPORT STATE OF COLORADO, OFFICE OF THE STATE ENGINEER 1. WELL PERMIT NTJMBER 271349 Owner Name(s): Speciality Restaurants Corp Mailing Address: %Zancanella. & Associates P.O. Box 1908 City, State, Zip : Glenwood Springs, Co 81602 Phone # . FOR OFFICE USE ONLY APPROVAL # GWS3I-91-03 3. WELL LOCATLON AS DRILLED DISTANCES FROM SEC. LINES SE 114 NW 1/4 Sec: 24 Twp: 7 S Range: 96 W 2075 It. from North Sec. line and 2395 ft. from West Sec. line OR. Easting: Northing: SUBDIVISION: Pioneer Glen LOT: 1 BLOCK: FILING (UNIT): STREET ADDRESS AT LOCATION 4. GROUND SURFACE ELEVATION 8. DRILLING METHOD Air Rotary DATE COMPLETED: I/4/2007 TOTAL DEPTH: 80 DEPTH COMPLETION: 80 5. GEOLOGIC LOG 6. HOLE DIAMETER (in) FROM (t) TO (8) Depth Type of Material (Size, Color, and Type) 9.0 0 62 000-048 Clays, Cobbles 6.5 62 80 048-060 Clay 060-080 Wasatch Fonnation 7. PLAIN CASING OD (in) Kind Wall Sine From (8) 7.0 Steel 0.240 -1 7.0 Steel 0.240 50 5.5 PVC 0.250 60 To (ft) 42 62 80 PERF. CASING : Screen Slot Size 7.0 Steel 0.240 42 50 Water Located: 42 - 50 Remarks : 8. Filter Pack Material : Size Interval . 9- Packer Placement Type : Depth : 1 OE GROUTING RECORD Materiel Amount " Density Cement 4 sks 6Ja1/sk Interval I Placement 10-25 poured 11. DISINFECTION : Type : HTH Amt. Used : 2 oz. 12. WELL TEST DATA : () Check Box If Test Data b Submitted On Supplemental TESTING METHOD : Air Compressor Static Level : 37 ft. Pumping Level : Total It Test Remarks . Date/Time Measured 1/4/2007 Date/Tune Measured 1/4/2007 Production Rate 4 gpm Test Length : 2 holes 13. 1 ban road *gravers* w t1 i os the ice tree to my hwwlsdgo. (Pastant to Soction 24-1-1.4 (13») CRS, the making of false statements CON AC 011. : Shelton Drilling Carp. Phone : (970) 927-4182 Mailing Address : P.O. Box I059 Basalt, Co. X16 Lie. No. 1095 Name / Title (Please Type or Print) Wayne Shelton / President Signature Date 1/9/2007 Form No. OFFICE OF THE STATE ENGINEER GWS -25 COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 866-3581 APPLICANT LIC WELL PERMIT NUMBER 271351 DIV. 5 WD 45 DES. BASIN MD SPECIALTY RESTAURANTS CORPORATION C/O ZANCANELLA & ASSOC INC PO BOX 1908 GLENWOOD SPRINGS, CO 81602- (970) 945-5700 PERMIT TO CONSTRUCT A WELL APPROVED WELL LOCATION GARFIELD COUNTY SE 114 NW 1/4 Section 24 Township 7 S Range 96 W Sixth P.M. DISTANCES FROM SECTION LINES 1930 Ft. from North Section Line 2225 Ft. from West Section Line UTM COORDINATES (Meters,Zone:13,NAD83) Easting: Northing: ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit does not ensure that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the Water Wel! Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37-92-602(3)(b)(!) for uses as described in CRS 37-92-602(1)(f), Use of this well is limited to monitoring water levels and/or water quality sampling. This well is known as PGS WELLS. 4) This well must be equipped with a locking cap or seal to prevent well contamination or possible hazards as an open well. The well must be kept capped and locked at all times except during sampling or measuring. 5) Records of water level measurements and water quality analyses shall be maintained by the well owner and submitted to the Division of Water Resources upon request. 6) Upon conclusion of the monitoring program the well owner shall plug this well in accordance with Rule 16 of the Water Well Construction Rules. A Well Abandonment Report must be completed and submitted to the Division of Water Resources within 60 days of plugging. 7) The owner shall mark the well in a conspicuous place with the well permit number and name of aquifer as appropriate, and shall take necessary means and precautions to preserve these markings. 8) This well must be constructed by or under the supervision of a licensed well driller or other authorized individual according to the Water Well Construction Rules. If non-standard construction is anticipated, a variance request must be submitted in accordance with Rule 18 and approved prior to well construction. 9) A Well Construction and Test Report (Form GWS -31), including lithotogic log must be submitted by the individual authorized to construct the well. For non-standard construction, the report must include an as -built drawing showing details such as depth, casing, perforated zones, and a description of the grouting type and interval. 10) This well shall be constructed not more than 200 feet from the location specified on this permit= /a,/2(, •APPROVED JSG Recei.t No. 3609812C State Engineer By DATE ISSUED 10-26-2006 EXPIRATION DATE 10-26-2008 Jan 02 07 10:58a Wayne Shelton 970-927-3801 p.3 WELL CONSTRUCTION AND TEST REPORT STATE OF COLORADO, OFFICE OF THE STATE ENGINEER FOR OFFICE USE ONLY APPROVAL tiOWS3]-91-03 1- WELL PERMIT NUMBER 271355 X 2. Owner Nacze(s): Speciality Restaurants Corp Mailing Address: %Zanoanella & Associates P.O. Box 1908 City, State, Zip : Glenwood Springs, Co 81602 Phone # WELL LOCATION AS DRILLED 3. SE 1/4 NW 1/4 Sec: 24 Twp: 7 S Range: 96 W DISTANCES FROM SEC. LINES 2160 ft. from North Sec. line and 2320 ft. from West Sec. line OR Easting: Northing: SUBDIVISION: Pioneer Glen LOT: 3 BLOCK: FILING (UNIT): STREET ADDRESS AT LOCATION 4. GROUND SURFACE ELEVATION ft DRILLING METHODAir Rotary DATE COMPLETED: 12/22/2006 TOTAL DEPTH: 73 DEPTH COMPLETION: 73 5. GEOLOGIC LOG 6. HOLE DIAMETER (in) FROM (ft) TO 00 Depth Type of Material (Size, Color, and Type) 9.0 0 60 000-059 Sand, Gravels, Dirt 6.5 60 73 059-073 Wasatch Formation 7. PLAIN CASING OD (in) Kind Wan Size From (11) To (ft) 7.0 Steel 0.240 -I 50 5.5 PVC 0.250 59 73 PERF. CASING : Screen Slot Size' 7.0 Steel 0.240 50 60 Water Located: 50 - 59 Remarks : 8. Filter Pack Material : Size : Interval : 9. Packer Placement Type : Depth : 10. GROUTING RECORD Material Amount Density Interval Place:mnt Cement 5 sks 6 gal/sk l 0-25 poured 11. DISINFECTION : Type : RTH Amt. Used : 2 oz. 12. WELL TEST DATA : ( ) Check Box If Test Data is Submitted On Supplemental TESTING METHOD : Air Compressor Static Level : 44 ft. Date/Tune Measured 12/22/2006 Production Rate & gpm Pumping Level : Total ft. Date/Time Measured 12/2212006 Test Length : 2 hours Test Remarks : 13. 1 havg mod tho atatemnts mode bereia and know 4 c cantcnls tbarmf and chat tboy are mks 10 my keowlodgc. (Putaamt 10 Section 244.1-4 (13Xa) CRS, the mekiog of filsc statements coastttotes pccj in the soaaeod deW Ind is ptmtshable m a dans l miadem nor.) CONTRAC�I OnR : Shelton DnlIIng Corp. Phone : (970) 927-4182 Mailing Address : P.O. Box 1059 Basalt, Co. 81621 Lia No. 1095 Name / Title (Please Type or Print) Wayne Shelton /President Signature Date ' 1/212007 GROUND LEVEL PGS Well 4 DRILLED UNDER PERMIT # 271352 2080 FNL, 2140 FWL SE i NW i SECTION 24 T7S, R96W, 6TH PM COMPLETED 12/21/06 SOIL, SAND, GRAVELS (0-63') 38,95- 47- 63 63- 82 TOTAL DEPTH 82' WASATCH FORMATION (63-82') 82- 000 0 < 000{ 000 n0„C ., NATIVE FILL MATERIAL 0'-10' CEMENT 10`-25' 0' TO 63' 9' HOLE DIAMETER -1' TO 47' 7' PLAIN STEEL CASING 0,240' WALL THICKNESS STATIC WATER LEVEL = 38.95' ON JANUARY 4, 2007 47' TO 63' 7' STEEL PERFORATED CASING 0,240' WALL THICKNESS 63' TO 82' 6,5' HOLE DIAMETER 62' TO 82' 5 5' PVC CASING 0,250' WALL THICKNESS 111 -SCALE, NOT TO SCALE PGS Well 4 Detail DRAWN BY' DLR DATE, 5 Feb 2007 CHKD BY, TJK APPD BY, TAZ SHEET 1 OF 1 PLAN Na aeo footer Pioneer Glen Subdivision 2ANCANEL LA AND ASSOCIATES INC. ENGINEERING CONSUL TANTS POST OFFICE BOX 1208 — 1011 GRANO AVENUE GLENWOOD SPRINGS, CCI.ORADO 81802 WO) 545-5700 FIGURE N PROJECT, 21824.2 Form No. OFFICE OF THE STATE ENGINEER GWS -25 COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 866-3581 APPLICANT LIC WELL PERMIT NUMBER 271352 DIV. 5 WD45 DES. BASIN MD SPECIALTY RESTAURANTS CORPORATION CIO ZANCANELLA & ASSOC INC PO BOX 1908 GLENWOOD SPRINGS, CO 81602- (970) 945-5700 PERMIT TO CONSTRUCT A WELL ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit does not ensure that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shalt be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Welt Construction and Pump Installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37-92-602(3)(b)(I) for uses as described in CRS 37-92-602(1)(1. Use of this welt is limited to monitoring water levels and/or water quality sampling. This well is known as PGS WELL 4. 4) This well must be equipped with a locking cap or seal to prevent well contamination or possible hazards as an open well. The well must be kept capped and locked at all times except during sampling or measuring. 5) Records of water level measurements and water quality analyses shall be maintained by the well owner and submitted to the Division of Water Resources upon request. 6) Upon conclusion of the monitoring program the well owner shall plug this well in accordance with Rule 16 of the Water Well Construction Rules. A Weil Abandonment Report must be completed and submitted to the Division of Water Resources within 60 days of plugging. 7) The owner shalt mark the well in a conspicuous place with the well permit number and name of aquifer as appropriate, and shall take necessary means and precautions to preserve these markings. 8) This well must be constructed by or under the supervision of a licensed well driller or other authorized individual according to the Water Well Construction Rules. If non-standard construction is anticipated, a variance request must be submitted in accordance with Rule 18 and approved prior to well construction. 9) A Well Construction and Test Report (Form GWS -31), including iithologic log must be submitted by the indivkkual authorized to construct the well. For non-standard construction, the report must include an as -built drawing showing details such as depth, casing, perforated zones, and a description of the grouting type and Interval. 10) This well shalt be constructed not more than 200 feet from the location specified on this permit 9.-2 '04444. APPROVED WELL LOCATION GARFIELD COUNTY SE 114 NW 1/4 Section 24 Township 7 S Range 96 W Sixth P.M. DISTANCES FROM SECTION LINES 2040 Ft. from North Section Line 2030 Ft. from West Section Line UTM COORDINATES (Meters.Zone:13,NAD83) Easting: Northing: APPROVED JSG Receipt No. 3609812D State Engineer By DATE ISSUED 10-26-2006 EXPIRATION DATE 10-26-2008 Jan 02 07 10:58a Wayne Shelton 970-927-3801 p.4 WELL CONSTRUCTION AND TEST REPORT STATE OF COLORADO, OFFICE OF THE STATE ENGINEER FOR OFFICE USE ONLY 1- WELL PERMIT NUMBER 271.352 X 2 Owner Name(s): Speciality Restaurants Corp Mailing Address: n%Zancanella & Associates P.O. Box 1908 City, State, Zip : Glenwood Springs, Co 81602 Phone # APPROVAL. N GWS31-91-03 WELL LOCATION AS DRILLED S Range: 96 W 3 SE 1/4 NW 1/4 Sec: 24 Twp: 7 DISTANCES FROM SEC. LINES 2080 ft. from North Sec. line and 2140 ft. from West Sec. line OR Fasting: Northing. SUBDIVISION: Pioneer Glen LOT: 4 BLOCK FILING (UNIT): STREET ADDRESS AT LOCATION 4 GROUND SURFACE ELEVATION ft. DRILLING METHOD Air Rotary DATE COMPLETED: 12/21/2006 TOTAL DEPTH: 82 DEPTH COMPLETION: 82 5. GEOLOGIC LOG 6. HOt.E DIAMETER (in) FROM (fl) TO (ft) Depth Type of Material (Size. Color, and Type) 9.0 0 63 000-063 Dirt,. Sand, Gravels 6.5 63 82 063-082 Wasatch Formation 7. PLAIN CASING 0D (in) I Kind Wall Size From (ft) To (It) 7.0 Steel 0.240 -1 47 5.5 PVC 0,250 6? 82 1 r PERP. CASING : Screen Slot Size • 7.0 Steel 0.240 47 63 Water Located: 40-63 Remarks : 8. Filter Pack Material : Size : Interval : 9. Packer Placement Type : Depth : 10. GROUTING RECORD Material Amount Density Interval Pincement Cement 5 sks 6 gal/sk 10-25 poured 11. DISINFECTION : Type : HTH Amt. Used : 2 oz. 12. WELL TEST DATA : () Check Box lfTest Data Is Submitted On Supplemental TESTING METHOD : Air Coinpressor Static Level : 39 (1. Date/Time Measured 12/212006 Production Rate 10 gpm Pumping Level : Total ft. Date/Time Measured 12/21/2006 Test Length : 2 hours Test Remarks : 13. 1 has read the statements mid: heroin and Isow the oontents thereof, and that they art Into to my knowtedgt. (Pursuant to 3ectioa 24-4-1-4 (13)(2) CRS, the making of rasa stntrmaus eonstitmes perywy in the second dagreo tmd is pwtishahle s a class 1 misdemeatar.) CONTRACTOR : Shelton Drilling Corp. Phone : (970) 927-4! 82 Mailing Address : P.O. Box 1059 Basalt, Co. 81621 Lie. No. 1095 Name / Title (Please Type or Print) Wayne Shelton / President Signature Date 1/2/2007 GROUND LEVEL PGS Well 5 DRILLED UNDER PERMIT # 271353 1960 FNL, 1960 FWL SE i NW SECTION 24 T7S, R96W, 6TH PM COMPLETED 12/20/06 54 SOIL, SAND, GRAVELS (0-54') WASATCH FORMATION (54-73') 35,6- 42- 56- 60- 73 73 - TOTAL DEPTH 73' NATIVE FILL MATERIAL 0'-10' --CEMENT 10'-25' 0' TO 56' 9' HOLE DIAMETER STATIC WATER LEVEL = 35,6' ON JANUARY 2, 2007 1' TO 42' 7' PLAIN STEEL CASING 0.240' WALL THICKNESS 42' TO 54' 7' STEEL PERFORATED CASING 0.240' WALL THICKNESS 56' TO 73' 6.5' HOLE DIAMETER 53' TO 73' 5.5' PVC CASING 0.250' WALL THICKNESS • PGS Well 5 Detail SCALE' NOT TO SCALE DATE' 5 Feb 2007 SHEET 1OF1 DRAWN BY' DLR CHKD BY' TJK APPD BY. TAZ PLAN NO. sea footer Pioneer Glen Subdivision ZANCAN£LLA�N l7 ASSOCIATES INC ENGIN€E''ING tON-tbe TANTS POST OFFICE SOX IGoS — IOC GRAND MIME GLDRROOD WRO403, COLORADO 81802 (810) 848-57OO PROJECT, 21824.2 Form No. •GWS -25 APPLICANT OFFICE OF THE STATE ENGINEER COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 866-3581 LIC WELL PERMIT NUMBER 271354 DIV. 5 WD 45 DES. BASIN MD SPECIALTY RESTAURANTS CORPORATION CIO ZANCANELLA & ASSOC INC PO BOX 1908 GLENWOOD SPRINGS, CO 81602- (970) 945-5700 PERMIT TO CONSTRUCT A WELL APPROVED WELL LOCATION GARFIELD COUNTY SE 1/4 NW 1/4 Section 24 Township 7 S Range 96 W Sixth P.M. DISTANCES FROM SECTION LINES 2230 Ft. from North Section Line 2030 Ft. from West Section Line UTM COORDINATES (Meters,2one:13,NAD83) Easting: Northing: ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS QF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit does not ensure that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37-92-602(3)(b)(I) for uses as described in CRS 37-92-602(1)(t). Use of this well is limited to monitoring water levels and/or water quality sampling. This well is known as PGS WELL 6. 4) This well must be equipped with a locking cap or seal to prevent well contamination or possible hazards as an open well. The well must be kept capped and locked at all times except during sampling or measuring. 5) Records of water level measurements and water quality analyses shall be maintained by the well owner and submitted to the Division of Water Resources upon request. 6) Upon conclusion of the monitoring program the well owner shall plug this well in accordance with Rule 16 of the Water Well Construction Rules. A Well Abandonment Report must be completed and submitted to the Division of Water Resources within 60 days of plugging. 7) The owner shall mark the well in a conspicuous place with the well permit number and name of aquifer as appropriate, and shall take necessary means and precautions to preserve these markings. 8) This well must be constructed by or under the supervision of a licensed well driller or other authorized individual according to the Water Well Construction Rules. If non-standard construction is anticipated, a variance request must be submitted in accordance with Rule 18 and approved prior to well construction. 9) A Well Construction and Test Report (Form GWS -31), including lithologic log must be submitted by the individual authorized to construct the well. For non-standard construction, the report must include an as -built drawing showing details such as depth, casing, perforated zones, and a description of the grouting type and interval, 10) This well shall be constructed not more than 200 feet from the location specified on this permit, r0/ APPROVED JSG Receipt No. 3609812F P • ,,10,4• State Engineer By DATE ISSUED 10-26-2006 EXPIRATION DATE 10-26-2008 Forrn No. GWS -25 APPLICANT OFFICE OF THE STATE ENGINEER COLORADO DMSION OF WATERaRESOURCES (303) 866-3581 LIC WELL PERMIT NUMBER 271353 DIV. 5 WD45 DES. BASIN MD SPECIALTY RESTAURANTS CORPORATION C/O ZANCANELLA & ASSOC INC PO BOX 1908 GLENWOOD SPRINGS, CO 81602- (970) 945-5700 PERMIT TO CONSTRUCT A WELL APPROVED WELL LOCATION GARFIELD COUNTY SE 1/4 NW 1/4 Section 24 Township 7 S Range 96 W Sixth P.M. DISTANCgS FROM SECTION LINES 1950 Ft. from North Section Line 1880 Ft. from West Section Line UTM COORDINATES (Meters,Zone:13,NAD83) Easting: Northing: ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit does not ensure that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37-92-802(3)(b)(I) for uses as described in CRS 37-92-802(1)(f). Use of this well is limited to monitoring water Levels and/or water quality sampling. This well is known as PGS WELL 5. 4) This well must be equipped with a locking cap or seal to prevent well contamination or possible hazards as an open well. The well must be kept capped and locked at all times except during sampling or measuring. 5) Records of water level measurements and water quality analyses shall be maintained by the well owner and submitted to the Division of Water Resources upon request. 6) Upon conclusion of the monitoring program the well owner shall plug this well in accordance with Rule 16 of the Water Well Construction Rules. A WeII Abandonment Report must be completed and submitted to the Division of Water Resources within 60 days of plugging. 7) The owner shall mark the well in a conspicuous place with the well permit number and name of aquifer as appropriate, and shall take necessary means and precautions to preserve these markings. 8) This well must be constructed by or under the supervision of a licensed well driller or other authorized individual according to the Water Well Construction Rules. If non-standard construction is anticipated, a variance request must be submitted In accordance with Rule 18 and approved prior to well construction. e) A Well Construction and Test Report (Form GWS -31), including lithologic log must be submitted by the individual authorized to construct the well. For non-standard construction, the report must include an as -built drawing showing details such as depth, casing, perforated zones, and a description of the grouting type and interval. 10) This well shall be constructed not more than 200 feet from the location specified on this permit.%crr'o APPROVED JSG +bd State Engineer Receipt No. 3609812E DATE ISSUED 10-26-2006 Sy EXP ATION DATE 10-26-2008 d Jan 02 07 10:59a Wayne Shelton 970-927-3801 p.5 i WELL CONSTRUCTION AND TEST REPORT STATE OF COLORADO, OFFICE OF THE STATE ENGINEER I FOR OFFICE USE ONLY L WELL PERMIT NUMBER 271353 X 2. Owner Names): Speciality Restaurants Corp Mailing Address: %Zancanella & Associates P.O. Box 1908 City, State, Zip : Glenwood Springs, Co 81602 Phone #APPROVAL#GWS3I-91-03 WELL LOCATION AS DRILLED Sec: 24 Twp: 7 S Range: 96 W 3. SE 1/4 NW 1/4 DISTANCES FROM SEC. LINES 1960 ft. from North Sec. line and 1960 ft. from West Sec. line OR Eating: Northing: SUBDIVISION: Pioneer Glen LOT: 5 BLOCK: PILING (UNIT): STREET ADDRESS AT LOCATION 4 GROUND SURFACE ELEVATION ft. DRILLING METHOD Air Rotary DATE COMPLETED: 12/2012006 TOTAL DEPTH: 73 DEPTH COMPLETION: 73 5. GEOLOGIC LOG 6, HOLE DIAMETER. (in) FROM (8) TO 41) Depth Type of Material (Size, Color, and Type) 9.0 0 56 000-054 Dirt, Sand, Gravels 6.5 56 73 054-073 Wasatch Formation 7. PLAIN CASING OD (in) Kind Wall Size From (ft) To (ft) 7.0 Steel 0.240 -1 42 5.5 PVC 0.250 53 73 PERF. CASING : Screen Slot Size 7.0 Steel 0.240 42 54 Water Located: 39+ Remarks : 8. Filter Pack Material : Size : Interval : 9. Packer Placement Type : Depth : 10. GROUTING RECORD Materinl Amount Density interval Placement Cement 5 sks 6 ga1/sk 10-25 poured 11. DISINFECTION : Type : HTH Amt. Used : 2 oz. 12. WELL TEST DATA : () Check Box If Test Data Is Submitted On Supplemental TESTING METHOD : Air Compressor Static Level : 37 ft. Elate/Time Measured 12/20/2006 Production Rate 10+ gpm Pumping Level : Total ft. Date/Time Measured 12/20/2006 Test Length : 2 hours Test Remarks : 13. I have real the,statements made herein and know the contents thereof, agd that they are true to my knowledge. (Pursuant to Seeker 24-4.1-4 (13)(a) CRS, trio making of raise statements caa.�titutcs Pe6 m the second degree and is punishable as a class 1 musdcmeatwt.) Phone : (970)927. 3182 CONTRACTOR : Shelton Driihng Corp. Mailing Address : P.O. Box 1 059 Basalt, Co. 81621 Lic. No. 1095 Name ; Title (Please Type or Print) Wayne Shelton / President Signature Date 1/2/2007 GROUND LEVEL PGS Well 6 DRILLED UNDER PERMIT # 271354 2250 FNL, 2150 FWL SE NW i SECTION 24 T7S, R96W, 6TH PM COMPLETED 12/20/06 65 8 3 SAND, SILTS, GRAVELS (0-65') WASATCH FORMATION (65-83') TOTAL DEPTH 83' 432- 50- 70- 83- F'' NATIVE FILL MATERIAL 01-10' •a w -----CEMENT 10'-25' 0' TO 70' 9' HOLE DIAMETER 1' TO 50' 7' PLAIN STEEL CASING 0.240' WALL THICKNESS STATIC WATER LEVEL = 43,2' ON JANUARY 3, 2007 000� o_o_ O,,O, 50' TO 65' 7' STEEL PERFORATED CASING 0.240' WALL THICKNESS 65' TO 70' 7' PLAIN STEEL CASING 0.240' WALL THICKNESS 70' TO 83' 6.5' HOLE DIAMETER 63' TO 83' 5.5' PVC CASING 0,250' WALL THICKNESS PGS Well 6 Detail SCALE! DATE. NOT TO SCALE 5 Feb 2007 SHEET 1 OF 1 DRAWN BY. DLR CHKD BY' TJK APPD BY+ TAZ PLAN NO. sae footer Pioneer Glen Subdivision ZANCA/VELLA ANTI ASSOClATeX INC £M717f££A'rN6- CLWSOZ TANTS POST OMR !OX 4808 — 1011 CRAM AVENUE Qi3ls00O OPRN00, COLORA0O 81602 (870) 848-8700 FIGUR7 E PROJECTt 21824.2 Jan 02 07 11:01a Wayne Shelton 970-927-3801 p.1 WELL CONSTRUCTION AND TEST REPORT 1 STATE OF COLORADO, OFFICE OF THE STATE ENGINEER FOR OFFICE USE ONLY 1- WELL PERMIT NUMBER 271354 X 2. OwnerName(s): Speciality Restaurants Corp Mailing Address: %Zancanella & Associates P.O. Box 1908 City, State, Zip : Glenwood Springs, Co 81602 Phone # APPROVAL if GWS3I-91-03 WELL LQCATION AS DRILLED S Range: 96 W SE 114 NW 1/4 Sec: 24 Twp: 7 DISTANCES FROM SEC. LINES 2250 ft. from North Sec. line and 2150 ft. from West Sec, line OR Easting: Northing: SUBDIVISION: Pioneer Glen LOT: 6 BLOCK: FILING (UNIT): STREET ADDRESS AT LOCATION GROUND SURFACE ELEVATION fL DRILLING METHOD Air Rotary DATE COMPLETED: 12/20/2006 TOTAL DEPTH: 33 DEPTH COMPLETION: 83 J. GEOLOGIC LOG 6, HOLE DIAMETER. (in) FROM (ft) TO (ft) Depth Type of Material (Size, Color, and Type) -9.0 0 70 000-065 Sand, Silts, Gravels 6.5 70 83 065-083 Wasatch Formation , 7. PLAIN CASING OD (in) Kind Wail Size From (ft) To (ft) 7.0 Steel 0,240 -1 50 7.0 Steel 0.240 65 70 5.5 PVC 0.250 63 83 1 PERF. CASING : Screen Slot Size 7.0 Steel 0.240 50 65 Water Located: 50+ Remarks : 8. Filter Pack Material : Size : Interval : 9. Packer Placement Type : Depth : 10. GROUTING RECORD Material Amount Density Interval Placement Cement 5 sks 6 gallsk 10-25 poured 11. DISINFECTION : Type : 1-ITH Amt. Used : 2 oz. 12. WEU.. TEST DATA : () Check Box If Test Data Is Submitted On Supplemental TESTING METHOD : Air Compressor Static Level : 44 ft. Date/Time Measured 12/20/2006 Production Rate 10 gpm Pumping Level : Total ft. Date/Time Measured 12/20/2006 Test Length : 2 hours Test Remarks : 13 l 6avc read tix st¢tements snack 1 Bran and know t c contents thereof, at that they ate mit to my krtowled . (Raxuant to Section 24.4.1-4 (13Xa) CRS, t:'c tanking of False statements wnsiiPrtss pel nm tha secw-cd ccs ce and v pPnishahlc as cess I roisdm anon) Phone : (970) 927-4182 CONTRACryTOR Shelton Dulling Corap. Mailing Address : P.O. Box 1059 Basalt, Co. 81621 Lic. No. 1095 Name / Title (Please Type or Print) Wayne Shelton 1 President Signature Date 1;212007 Table 2 Pioneer Glen Subdivision PGS Well 1 Pump Test Data Samualsan Pump Company January 4.2007 Water Levels Time Pumping Rate aound4(14cmcaaing top From Stall In dal Final Level Drawdown We/ fcPm) /gem] 181 181 0 0.00 2.75 42.30 0.00 2 275 275 42.44 0.14 4 2.75 2.75 42.64 0.54 6 2.75 2.75 42,92 0.62 8 2.75 2.75 42.95 0.65 10 2.75 4.50 42.95 0.85 12 4,60 4.50 42.97 0,87 14 4.60 4.50 43.38 1,08 18 4.50 4.60 43.39 1.09 18 4.50 4.60 43.44 1.14 20 4.50 6.00 43.44 1.14 22 6.00 8.00 43.44 1.14 24 8.00 8.00 43.62 1.32 28 6.00 6.00 43.70 1.40 28 8.00 6.00 43.80 1.60 30 8.00 6.00 43.84 1.54 32 8.00 6.00 43.87 1.57 34 8.00 8.00 43.88 1.58 38 .8.00 8.00 43.92 1.82 38 6.00 6.00 43.91 1.61 40 8.00 6.00 43.93 1.83 42 6.00 8.00 43.93 1.63 44 6.00 6.00 43.93 1.63 46 6.00 6.00 43.93 1.63 48 8.00 6.00 43.96 1.86 60 6.00 6.00 43.95 1.85 52 6.00 6.00 43.95 1.86 54 6.00 8.00 43.94 1.64 56 8.00 6.00 43.97 1.67 68 6,00 6.00 43.99 1.69 80 6,00 6.00 43.98 1,68 62 6.00 6.00 43.98 1.86 84 6.00 6.00 43.99 1,69 66 6.00 6.00 43.99 1.09 88 6.00 8.00 43.97 1.87 70 6.00 6.00 43.99 1.69 72 6,00 6.00 44.01 1.71 74 6.00 6.00 44.01 1.71 76 6.00 6.00 44.00 1.70 78 6.00 6.00 44.00 1.70 80 8.00 6.00 43.98 1.88 82 8.00 6.00 44.02 1.72 84 6.00 8.00 43.99 1.09 86 8.00 6.00 44,03 1,73 88 6.00 6.00 44.02 1.72 90 8.00 8.00 44,00 1.70 92 6.00 6.00 44.02 1.72 94 6.00 6.00 44.02 1.72 96 8.00 8.00 44.02 1.72 98 6.00 8.00 44.04 1.74 100 6.00 6.00 44.02 1.72 102 6.00 6.00 44.03 1.73 104 6.00 5.00 44.02 1.72 108 6.00 8.00 44.03 1.73 108 8.00 0.00 44.01 1.71 110 8.00 6.00 44.04 1.74 112 6.00 8.00 44.02 1.72 114 8.00 6.00 44.01 1.71 116 6.00 8.00 44,04 1,74 118 6.00 6.00 44,03 1.73 120 6.00 8.00 44.04 1.74 122 6.00 8.00 44.08 1.73 124 6.00 8.00 44.06 1.76 128 6.00 8.00 44.05 1.75 128 6.00 8.00 44.05 1.76 130 6.00 8.00 44.06 1.76 132 6.00 8.00 44.05 1.76 134 6.00 6.00 44.06 1.76 138 8.00 8.00 44.05 1.75 138 6.00 8.00 44.03 1.73. 140 6.00 8.00 44.06 1.76 142 6.00 6.00 44.06 1.76 144 8.00 6.00 44.07 1.77 146 6.00 8.00 44.07 1.77 anaanaua Aa21e4laa ua2oo7 212100321t447415ch• 21E2a.2 BaNhmeolikgo1 2006.1hmpT4M41PumpTwtxda • • • Table 2 Pioneer Glen Subdivision PGS Weil 1 Pump Test Data Samuelson Pump Company January 4, 2097 Time From Start pin] Water Levels Pumping Rate aoumta44ancasing lop Initial ffpm1 Final Level Wall IRI Drawdown (5/ 148 8.00 6.00 44.07 1.77 150 6.00 8.00 44.08 1.78 152 6,00 8.00 44.09 1.79 154 8.00 8.00 44.11 1.81 155 6.00 6,00 44.08 1.78 158 6,00 6,00 44.08 1,78 160 6.00 6,00 44.11 1.81 162 6.00 6.00 44.10 1.80 164 6.00 6.00 44.08 1.78 166 6.00 6.00 44.11 1.81 168 6.00 6.00 44.11 1.81 170 6,00 6.00 44.09 1.79 172 6,00 6.00 44.11 1,81 174 6.00 6.00 44,06 1.78 176 6.00 6,00 44.12 1.82 178 6.00 6,00 44.10 1,80 180 6,00 6,00 44,11 1,81 182 6,00 6.00 44.11 1,81 184 6.00 6.00 44.12 1.82 186 6.00 6.00 44.14 1.84 188 6,00 6.00 44.14 1,64 190 6.00 6.00 44.13 1.83 192 6,00 6.00 44.13 1.83 194 6.00 6,00 44.13 1.83 198 6.00 6.00 44.15 1.85 198 6.00 6.00 44,12 1.82 200 6.00 6.00 44,15 1,85 202 6,00 6.00 44.14 1.84 204 6.00 6.00 44,14 1.84 206 6.00 6.00 44.14 1,84 208 6.00 6.00 44.14 1.84 210 6.00 6.00 44.14 1.84 212 6.00 6.00 44,18 1.86 214 8,00 6.00 44.15 1.85 216 6,00 6.00 44.15 1,85 218 6,00 6,00 44,16 1,86 220 6.00 6.00 44.16 1.86 222 6.00 6.00 44.14 1.84 224 6.00 6,00 44.16 1.86 226 6,00 6,00 44.15 1,85 228 6,00 6.00 44.13 1.83 230 6,00 6,00 44.14 1,84 232 6.00 6.00 44.15 1,85 234 6,00 6.00 44.15 1.85 236 8.00 6.00 44.15 L85 238 6.00 6.00 44.15 1.85 240 6.00 0.00 44.18 1.86 242 0.00 0.00 44,17 1.87 244 0.00 0.00 44.15 1.85 246 0.00 0.00 44.17 1,87 248 0.00 0.00 44,15 1.85 250 0.00 0.00 43.06 0.76 252 0.00 0.00 42.81 0.51 254 0.00 0.00 42.73 0.43 256 0.00 0.00 42.69 0,39 258 0.00 0.00 42,65 0.35 260 0.00 0,00 42,62 0,32 262 0.00 0.00 42,62 0.32 264 0.00 0.00 42.60 0.30 256 0.00 0.00 42.57 0.27 268 0.00 0.00 42.58 0.20 270 0.00 0.00 42.55 0.25 ;o9ceeoxc Asagalr/o f 2!92097 Z121=7,21324 Tallkhe11218242 eatdameniMesat 2008+11,kimpTeGs\1PJmp;eal xls PGS Well 1 Pump Test Data 0 0 N M t1S {) !ane .18;@M 0 0 0 O E E 2:121000121824 Tallichet121624.2 BattfementMesai • • • • PG; 0 (u) umopMeaa lenp!seb 0 O O O 0 0 0 0 VI N Z:121000121824 Tallichetl21824.2 BattlementMesal 2006+1PumpT Table 3 Pioneer Glen Subdivision PGS Well 2 Pump Test Data Samuelson Pump Company January 3, 2007 Time From Start 1mi11 water Levels Pump'mo Rafe saadeddvmaMMptop Initial Amen] Final Level Drawdown lepmj 1161 161 0 0.00 3.00 37.86 0.00 2 3.00 3.00 38.35 0.50 4 3,00 3.00 38.72 0,87 6 3.00 3.00 39.01 1,16 8 3.00 3.00 39.24 1,98 10 3,00 3.00 39.43 1.58 12 3.00 3.00 39.55 1.70 14 3.00 4.00 39,86 1.81 16 4.00 4,00 39,88 2,13 18 4,00 4,00 40.43 2,58 20 4.00 4.00 40.77 2,92 22 4.00 4.00 41.00 3.15 24 4.00 4.00 41.20 3.35 25 4.00 4,00 41.32 3.47 26 4.00 4.00 41.42 3.57 30 4.00 8.00 41,49 3,64 32 8.00 6.00 42,37 4.52 34 6.00 8.00 42,49 4.64 36 6.00 5.00 42,58 4.73 38 6,00 8.00 42,67 4.82 40 6.00 6.00 42.70 4.85 42 6,00 6.00 42.78 4.93 44 6,00 6,00 42.51 4.98 46 6.00 6.00 42,87 5.02 48 6.00 6.00 42.95 5.10 50 6.00 6.00 43.02 5.17 62 6.00 6.00 43.08 5.23 54 6.00 8.00 43.20 6.36 58 6.00 6,00 43.31 5.48 58 8.00 8.00 43,43 5.58 80 8.00 6.00 43.49 5,64 62 8.00 6.00 43.59 5.74 84 6.00 8.00 43.88 5.83 66 6.00 6.00 43.74 5,89 68 8,00 8.00 43.82 5,97 70 6.00 6.00 43.90 6.05 72 8.00 6.00 44.00 6.15 74 6,00 6.00 44.06 6.23 78 6,00 6.00 44.15 6.30 78 8.00 6.00 44.24 6.39 80 5.00 6.00 44.32 6.47 82 6.00 6.00 44.37 6.52 84 5.00 6,00 44.47 6.82 86 5.00 6.00 44.54 6.69 88 6.00 6,00 4460 8.75 so 8.00 6.00 44.65 6.81 92 6.00 8.00 44.74 6.89 94 6.00 8,00 44.80 6,95 96 6.00 8.00 44.88 7.00 98 6.00 8.00 44.93 7,08 100 6.00 6.00 44.08 7.13 102 6.00 8.00 45.02 7.17 104 8.00 8.00 46.09 7,24 108 8.00 8.00 45.13 7.28 108 8.00 8.00 45.18 7.38 110 8,00 0.00 45.22 7,37 112 6.00 6.00 45.29 7,44 114 6.00 6.00 45.31 7.48 116 6.00 8.00 45.34 7.49 118 6.00 6,00 45.39 7.54 120 6.00 8.00 45.40 7.55 122 6.00 6.00 45.43 7.68 124 6.00 6.00 45.48 7.83 125 6.00 6.00 46.51 7.88 128 8.00 6.00 45.53 7.88 130 8.00 6.00 45.58 7.71 132 6.00 6.00 45.57 7.72 134 8.00 8.00 45.59 7.74 136 6.00 8.00 45,61 7.76 138 6.00 6.00 45.83 7.78 140 6.00 6.00 45.84 7.79 142 8,00 6.00 45,68 7.81 144 6.00 8.00 45.67 7,52 148 8.00 6.00 45.89 7.84 148 8,00 6.00 45,69 7.84 kanairre. As &M$g 2462007 X61001111624 Ta19Cl1021624.2 BMOmaNMrsa1 29011•Wmplas1012Punp7..trta • • • • Table 3 Pioneer Glen Subdivision PGS Well 2 Pump Test Data Samuelson Pump Company January 3, 2007 Time From Start [min] Water Levels Pumping Rate sour dee rtwro casing top initial I9ptn) Final Level foal IN Drawdown til 150 6.00 6.00 45,70 7.85 152 6.00 6.00 45,71 7.88 154 6.00 6.00 45.72 7.87 156 6,00 600 45.72 7.87 158 6.00 6,00 45.76 7,91 160 6,00 6.00 45.76 7.91 162 6.00 6.00 45.77 7.92 164 6.00 6.00 45.76 7.91 166 6.00 6.00 45,80 7.95 168 6,00 6.00 45.79 7,94 170 6.00 6,00 45.78 7.93 172 6.00 6.00 45.78 7.93 174 6.00 6.00 45,79 7.94 176 6.00 6.00 45,83 7.98 178 6,00 6,00 45,84 7.99 180 6.00 6.00 45.83 7.98 182 6.00 6.00 45.83 7.98 184 6.00 6.00 45,85 8.00 186 6.00 6,00 45.86 8.01 188 6.00 6.00 45.85 8.00 190 6.00 6.00 45.85 8.00 192 6.00 6,00 45.58 8.03 194 8.00 6.00 45.87 8.02 196 6,00 6.00 45.87 8.02 198 6.00 6.00 45.88 8.03 200 6.00 6.00 45.90 8.05 202 6,00 6.00 45.90 8.05 204 6.00 6.00 45.93 8.08 206 6,00 8.00 45.90 8.06 208 6,00 6.00 45.92 8,07 210 6.00 6.00 45.91 8.06 212 6.00 6.00 45.93 8,08 214 6.00 6,00 45.92 8,07 218 6.00 6.00 45,97 8.12 218 6.00 6.00 45,96 8.11 221) 6.00 6.00 45.96 6.11 222 6.00 6.00 45.97 8.12 224 6,00 8.00 45.95 8,13 226 6,00 6,00 45.97 8,12 228 8.00 6,00 45.99 8.14 230 6.00 6,00 46.02 8.17 232 6.00 6,00 46,01 8.16 234 6.00 6.00 45.99 8,14 236 6.00 6.00 46,02 8.17 238 6.00 6.00 46,05 8.20 240 0.00 0.00 46.03 8.18 242 0,00 0.00 46.04 8.19 244 0.00 0.00 46.05 8.20 246 0.00 0.00 44,91 7,06 248 0,00 0.00 44,12 6.27 250 0,00 0.00 43.63 5.78 252 0.00 0.00 43.21 5.36 254 0,00 0.00 42,91 5.06 256 0,00 0.00 42.75 4.90 258 0.00 0.00 42.55 4,70 260 0.00 0.00 42.31 4,46 262 0.00 0.00 40.76 2_93 264 0.00 0.00 39,83 1.98 266 0.00 0.00 39.33 1.48 268 0.60 0.00 39.04 1,19 270 0.00 0,00 38.66 1,01 21141c>ndra Aia9c11011i 2t92W1 Z12t00P21e2A Tyllcsc021e24.2 eatk+raM67ofat 2000.1PumpTecln2PumpTcy.xls 4- 8 (i) leA01 JEOPIM a co Total Well Depth: 85 ft E E • • • • • • CL 0 N 0 C7 0. V"' N (;») uMopme.LQ ienplsea CD r- 0 0 0 0 0 Za21000\21824 Ta lichet121824.2 BatfementMesal 2008+1pumpTe Table 4 Pioneer Glen Subdivision PGS Well 3 Pump Test Data Samuelson Pump Company January 4, 2007 Time From Start fmio! 0 2 4 6 8 10 12 14 16 18 20 22 24 26 28 30 32 34 36 38 40 42 44 46 48 50 52 54 68 58 60 62 64 66 66 70 72 74 78 78 80 82 84 86 88 90 92 94 95 98 100 102 104 106 108 110 112 114 118 118 120 122 124 126 128 130 132 134 136 198 140 142 144 146 148 Water Levels Pumping Rate sounded from caging top Level Drawdown 131 [31 43.40 0.00 43.95 0.85 44.54 1.14 44.90 1,50 46.11 1.71 45.24 1.84 45.30 1.90 46.35 1.95 45.84 2.44 48.44 3,04 46.68 3.28 48.81 3.41 46.91 3.51 47.01 3.61 47.06 3.68 47.11 3.71 47.53 4.13 47.74 4,34 47.86 4.48 47.97 4,57 48.08 4.88 48.18 4.78 48.25 4.85 48.29 4.89 48.35 4.95 48.38 4.98 48.39 '4.99 48.37 4.97 48.38 4.98 48.34 4.94 48,87 4.97 48.38 4.98 48.39 4.99 48.43 8.03 48.41 6.01 48.46 5.05 46.49 6.09 48.52 9.12 48.63 5.13 48.65 5.15 48.64 5.14 4846 5.15 48.57 5.17 48.61 5,21 48.63 5,23 48.84 6.24 48.87 6.27 48.72 5.32 48.74 5.34 48.78 5,38 48.76 5,38 48.74 5.34 48.75 5.38 45,77 5,37 48.80 5.40 48.79 5.39 48,83 843 48.85 5,48 48.83 6.49 48.53 5.43 48.82 6.42 48,88 5.46 48.58 5.48 48.88 5.48 48.89 5.49 45,90 5.50 48.92 5.52 48.98 6.56 45,96 5.56 48.96 5.58 4899 8.59 48.99 5.59 49.00 5.80 48.01 6.81 49.00 5.80 Initial Final f9pm1 f90m] 0.00 6.00 6.00 6.00 8.00 6.00 6.00 6.00 6.00 6.00 6.00 6.00 8.00 8.00 6.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10,00 10.00 10.00 10.00 10.00 12.00 12.00 12.00 12.00 12.00 12.00 12.00 12.00 12.00 12.00 1200 12.00 12.00 12.00 12.00 12.00 12.00 12.00 12.00 12.00 12.00 12.00 12.00 12.00 12.00 1200 12.00 12.00 12.00 1200 12.00 12.00 12,00 12.00 12.00 1200 12.00 12.00 12.00 12.00 12.00 12.00 12.00 12.00 12,00 12.00 12.00 12.00 12.00 12.00 12.00 12,00 12.00 12.00 12.00 12.00 12.00 12.00 12.00 12.00 12,00 12,00 12.00 12.00 12.00 12.00 12.00 12.00 12.00 12.00 12.00 12.00 12.00 12.00 12,00 12.00 12.00 12.00 12.00 12.00 12.00 12,00 12.00 12.00 12.00 12.00 12.00 12.00 12.00 12.00 12.00 12.00 12.00 12.00 12.00 12.00 12.00 12.00 12.00 12.00 12.00 12.00 12.00 12.00 12.00 12.00 12.00 12,00 12.00 12.00 12.00 12.00 12.00 12,00 12.00 12.00 12.00 12.00 12.00 i1 86,4001 2'4100fa21824 Talabt{21a244.2 aaue,* tMeaf 2000. wmpTeaegAu pTeq.de • • • • • Table 4 Pioneer Glen Subdivision PGS Well 3 Pump Test Data Samuelson Pump Company January 4, 2007 Time From Start [min] Water Levels Pumping Rate sounded from casing top tndial (gpm1 Final Lever (GPm+1 (8l Drawdown L81 150 12.00 12.00 48,98 5.58 152 12.00 12.00 49.00 5.60 154 12.00 12.00 49.02 6.62 156 12,00 12.00 49.00 5.60 158 12.00 12.00 49.03 5.63 160 12.00 12.00 49.04 5.64 162 12.00 12.00 49.05 5.65 164 12,00 12.00 49.05 5.65 166 12,00 12.00 49.08 5,68 168 12.00 12,00 49.09 5,59 170 12.00 12.00 49.07 5.67 172 12.00 12.00 49,06 5.68 174 12,00 12.00 49.06 5.86 176 12,00 12.00 49,08 5.68 178 12.00 12.00 49,11 5.71 180 12.00 12,00 49.09 5.69 182 12.00 12.00 49.14 5.74 184 12,00 12.00 49.16 5.76 186 12.00 12.00 49.15 5.75 188 12.00 12.00 49.15 5.75 190 12,00 12.00 49.16 5.78 192 12.00 12.00 49.16 5.76 194 12,00 1200 49.19 5.79 196 12.00 12.00 49.18 5.78 198 12.00 12.00 49.19 5.79 200 12.00 12.00 49.18 5.78 202 12.00 12.00 49,21 5.81 204 12.00 12.00 49.20 5.80 206 12.00 12.00 49.20 5,80 208 12.00 12.00 49.25 5.85 210 12,00 12.00 49.28 5.88 212 12.0D 12.00 40.28 5.85 214 12.00 12.00 69,24 5.84 216 12.00 12.00 49.28 5.68 218 12.00 12.00 49.29 5.89 220 12.00 12.00 49.29 5.89 222 12.00 12.00 49.32 5.92 224 12,00 12.00 49,32 5.92 226 12,00 12.00 49.32 5.92 228 12.00 12.00 49,36 5.96 230 12.00 12.00 49.34 5.94 232 12.00 12,00 49.39 5.99 234 12.00 12.00 49.40 6.00 236 12.00 12.00 49.42 5.02 238 12.00 12,00 49.41 6.01 240 12.00 0.00 49.43 6.03 242 0.00 0.00 46.09 2.69 244 0.00 0,00 45.44 2.04 246 0.00 0.00 45.23 1.83 248 0.00 0.00 45.06 1,68 250 0.00 0.00 44.98 1.58 252 0.00 0.00 44.90 1.50 254 0.00 0.00 44.84 1,44 256 0.00 0.00 44.80 1,40 258 0.00 0.00 44.75 1.35 260 0.00 0.00 44.71 1.31 262 0.00 0.00 44.68 1.28 264 0.00 0.00 44,65 1.26 266 0.00 0.00 44.00 1.20 268 0.00 0.00 44.60 1.20 270 0.00 0.00 44.57 1.17 74nca.,gRa aasoerarnq 2NR0T 212108121824 ioelche1121824.2 ediMmeNMesot 2008-1Fwnpiv.150Wmpical.ls PGS Well 3 Pump Test Data F 0 M O ()) lanai .1812M 0 CD d r` O 0 O O T Z:121000121824 Takichet121824.2 BatilementMesal 2008+\PumpTe • • • • c 0 In y M .0 c- 3 d 0) L at 2 L. C9 L cv 0 0 'a PGS Well 3 Recovery Plot 0 r" (4) umopmeaa lenpiseN N 100.0 1,000.0 Zancanella Associates 2(912007 2:121000\21824 Tailichet121824.2 BattlementMesa l 2006+1PumpTests\3PumpTesi.xts 0 0 r 0 t Table 5 Pioneer Glen Subdivision PGS Welt 4 Pump Test Data Samuelson Pump Company January 4, 2007 Time From Start (mini water levels PumpinMRats sounder, from easing lop initial 101171 Final Level f9Pmf IN Drawdown 1161 0 0.00 10.00 38.95 0.00 2 10.00 10,00 40.13 1.18 4 10,00 10.00 40.15 1.20 6 10.00 10.00 40.17 1.22 8 10.00 10.00 40.17 1,72 10 10.00 10.00 40.17 1.22 12 10.00 10.00 40.17 1.22 14 10.00 10.00 40.15 1.23 18 10,00 10.00 40.17 1.22 18 10.00 10.00 40.20 1.25 20 10.00 11.50 40.16 1,21 22 11.50 11.50 40.31 1.38 24 11.50 11.50 40.31 1.38 26 11.50 11.50 40.32 1.37 28 11.50 11.50 40.32 1.37 30 11.50 11.50 40.34 1.39 32 11.660 11.50 40.38 1.41 34 11.60 11.50 40.34 1.39 36 11.60 11.60 40.34 1.39 38 11,50 11,50 40.32 1.37 40 11.50 14.30 40.32 1.37 42 14.30 14.30 40.58 1.81 44 14.30 14.30 40.88 1.73 46 14.30 14.30 40.72 1.77 48 14.30 14.30 40.85 1.90 50 14.30 14.30 40.87 1.92 62 14.30 14.30 40.89 1.94 54 14.30 14.30 40.91 1,96 56 14.30 14,30 40.89 1,94 58 14.30 14.30 40.91 1.98 60 14,30 14.30 40.90 1.06 62 14.30 14.30 40.91 1.98 84 14.30 14.30 40.00 1.95 66 14.30 14.30 40.93 1.96 68 14.30 14.30 40.01 1.96 70 14.30 14.30 40.91 1.96 72 14.30 14.30 40.94 1.99 74 14.30 14.30 40.96 2.01 76 14.30 14.30 40.93 1.98 75 14.30 14.30 40.92 1.97 80 14.30 14.30 40.93 1.96 82 14.30 14.30 40.92 1.97 84 14.30 14.30 40.92 1.97 88 14.30 14.30 40.94 1.99 88 14.30 14.30 40.93 1.98 80 14,30 14.30 40.92 1.97 92 14.30 14.30 40.94 1.99 94 14.30 14.30 40.95 2.00 96 14.30 14.30 40.99 2.00 98 14.30 14.30 40.98 2.01 100 14.30 14.30 40,93 1,04 102 14,30 14,30 40.97 2.02 104 14.30 14.30 40,94 1.99 106 14.30 14.30 40,94 1.99 108 14,30 14.30 40.94 1.89 110 14.30 14.30 40.95 2.00 112 14.30 14.30 40.97 2.02 114 14.30 14.30 40.94 1.99 116 14.30 14.30 40.98 2.03 118 14.30 14.30 40.08 2.01 120 14.30 14.90 40.98 2.01 122 14,30 14.30 40.98 2.01 124 14,30 14.30 40.97 2.02 128 14,30 14.30 40.96 7,01 128 14.30 14.30 40.98 2.01 130 14.30 14.30 40.98 2.03 132 14,30 14,30 40.98 2.01 134 14.30 14.30 40.97 2.02 136 14,30 14.30 40.98 2.01 138 14,30 14.30 40.97 2.02 140 14.30 14.30 40.96 2.03 142 14.30 14.30 40.97 2.02 144 14.30 14.30 40,95 2.01 146 14.30 14.30 40,99 2.04 148 14.30 14.30 40.95 2.00 gamma.* Amoaielr4 21912007 712100001624 Tdlk1p021a24.2 Baes Medi 2009+1 PumpTctls4PuepTesi.#a • • • • • Table 5 Pioneer Glen Subdivision PGS Well 4 Pump Test Data Samuelson Pump Company January 4, 2007 Time From Start (mki Water Levels Pumping Rate sounded from caunptop Initial (wall Final Level (9Pm1 18] Drawdawn PO 150 14.30 14,30 40.97 2,02 152 14.30 14.30 40.08 2.01 154 14.30 14.30 40.95 2.01 156 14.30 14.30 40,98 2.03 158 14,30 14.30 40.98 2.03 160 14,30 14.30 40.98 2.01 162 14,30 14.30 41.00 2.05 164 14.30 14,30 40.98 2.03 166 14.30 14.30 40.98 2.01 168 14,30 14.30 40.97 2.02 170 14.30 14.30 40.90 2.04 172 14.30 14.30 40.96 2.01 174 14.30 1430 40.09 2.04 176 14.30 14.30 40.98 2.03 178 14.30 14.30 40.99 2.04 180 14.30 14.30 40.98 2.01 182 14.30 14.30 40.96 2.01 184 14.30 14.30 40.95 2,00 186 14.30 14,30 40.95 2.00 188 14.30 14.30 40.97 2.02 190 14.30 14,30 40.97 2.02 192 14,30 14.30 41.00 2,05 194 14.30 14.30 40.98 2,01 196 14.30 14,30 41.00 2.05 198 14.30 14,30 40,95 2.00 200 14.30 14.30 40.97 2,02 202 14.30 14.30 40.98 2.03 204 14.30 14.30 40.99 2.04 206 14.30 14.30 40.98 2.03 208 14.30 14.30 41,00 2.05 210 14.30 14.30 49,98 2,03 212 14.30 14.30 40.99 2.04 214 14,30 14.30 41.00 2.05 216 14.30 14.30 40.97 2,02 218 14.30 14.30 40.99 2.04 220 14.30 14.30 41.01 2.06 222 14.30 14.30 40.98 2.03 224 14.30 14.30 40.99 2.04 226 14.30 14.30 41.00 2.05 228 14.30 14.30 41.00 2.05 230 14,30 14.30 41.00 2.05 232 14.30 14.30 41.00 2.05 234 14.30 14.30 41.00 2.05 238 14.30 14.30 41,00 2.05 238 14.30 14.30 41.00 2.05 240 14.30 0.00 40.96 2.01 242 0.00 0.00 39,10 0.15 244 0.00 0.00 39.03 0.08 246 0.00 0.00 39.03 0.08 248 0.00 0,00 39,01 0,06 250 0.00 0.00 39.01 0,06 252 0.00 0.00 38,99 0,04 254 0,00 0.00 39.00 0,05 256 0.00 0.00 38.99 0.04 258 0.00 0.00 39,00 0.05 260 0.00 0,00 39.00 0,05 262 0.00 0.00 39.00 0.05 264 0,00 0.00 39.01 0.08 266 0.00 0.00 39.01 0.06 268 0.00 0.00 39.00 0.05 270 0.00 0.00 38.98 0,03 Pnaarw4. Ae.snelgtn vW2a07 Z12100a21524 SeuKhga21424.2 Batnemwnhktat 2G46•ViuwTsxaNPumvTeoibs 0 ti (}.j) lene7 Je}eM F o r E 0E 1- 8 5 N • • • • PGS Well 4 Recovery Plot O (u) uiv►opmsa(J �snplsaa O O O 0 T N 2:1210001218 Table 6 Pioneer Glen Subdivision PGS Well 5 Pump Test Data Samuelson Pump Compay January 3, 2007 Time From Start (mini Water Levels Pumping Rate sounded *amassing tap Initial fapml Final Level Wm) 181 Drawdown PU 0 0.00 7.00 35.80 0.00 2 7.00 7.00 35.89 0.09 4 7.00 7.00 35.79 0.19 6 7.00 7.00 35.80 0.20 8 7.00 7.00 35.82 0.22 10 7.00 7,00 35.82 0.22 12 7.00 7.00 35.81 0.21 14 7.00 7.00 35.88 0.29 16 7.00 7.00 35.83 0.23 18 7.00 7.00 35.81 0.21 20 7.00 7,00 35.78 0,15 22 7,00 10.00 35.81 0.21 24 10.00 10.00 35,91 0.31 28 10.00 10.00 35.93 0.33 28 10.00 10.00 36.94 0.34 30 10,00 10.00 35.94 0.34 32 10.00 10.00 36.96 0.36 34 10.00 10.00 35.97 0.37 36 10.00 10.00 35.92 0.32 38 10.00 10.00 35,95 0,35 40 10.00 10.00 35,94 0,34 42 10.00 10.00 35.96 0.36 44 10,00 15.00 35.95 0.35 46 15.00 15.00 36.17 0.67 48 15.00 15.00 36.17 0.57 50 15.00 15.00 36.20 0.60 52 15.00 15.00 36.21 0.61 54 15.00 15.00 36.21 0.61 56 15.00 15.00 38.20 0.80 55 15,00 15.00 36.13 0.58 80 15.00 15.00 36.21 0.01 62 15.00 15.00 36.19 0.59 64 15.00 15.00 38.22 0.82 66 16.00 16.00 36.22 0.62 88 15.00 18,00 36.23 0.63 70 15.00 16.00 38.24 0,64 72 15.00 15.00 38.22 0.62 74 15.00 15.00 38.21 0.61 76 15.00 15.00 36.19 0.59 78 15,00 15,00 36.23 0.63 80 16.00 15.00 36.22 0.62 82 15.00 16.00 38.19 0.59 84 15.00 15.00 36.22 0.62 88 15,00 15.00 36.21 0.61 88 15.00 15.00 36.23 0.63 90 15.00 15.00 36.23 0.63 92 16.00 16.00 36.23 0.63 94 15.00 15.00 36.23 0.63 96 15.00 15.00 36.23 0.63 98 15.00 15.00 38.23 0.63 100 15.00 15.00 36.22 0.62 102 15.00 15.00 56,19 0,59 104 15.00 15.00 38,24 0.84 106 15.00 15.00 38.25 0.65 106 15.00 15.00 36.24 0.64 110 15,00 15,00 38,25 0,65 112 15.00 15.00 36.23 0.83 114 16.00 16.00 36,21 0.61 118 15.00 15.00 35.23 0.63 118 15,00 16.00 36.48 0.66 120 15,00 15,00 38.21 0,61 122 15,00 15.00 38.24 0.64 124 15.00 15.00 38.24 0.64 128 15.00 15,00 35.24 0,54 128 15,00 15.00 36.23 0,63 130 15.00 15.00 35.22 0.82 132 15.00 15,00 36.27 0.57 134 15.00 15.00 36.23 0.53 136 15.00 15.00 36.24 0.54 138 15.00 15,00 36.24 0.54 140 15,00 15,00 36.22 0,62 142 15.00 16.00 38.26 0.66 144 15.00 15.00 38.25 0.65 146 15.00 15,00 36.27 0.87 146 15.00 15.00 96,27 0.67 Potenseb Ap2afa p =2007 2.V100031e24Tollbhetatilil.2 BalltemerMlasal 20090WmpTut RanPTaatMalyaisAa • • • • • Table 6 Pioneer Glen Subdivision PGS Well 5 Pump Test Data Samuelson Pump Compay January 3, 2007 Time From Start fel Water Levels Pumping Rate sounded from casing top Initial &a l Final Level (QP+111 FU Drawdown RU 150 15,00 15.00 36.28 0.07 152 15.00 15.00 36.27 0.67 154 15.00 15.00 36.30 0.70 156 15.00 15.00 36.28 0,68 158 15.00 15.00 36,26 0.66 160 15.00 15.00 36,24 0.84 162 15.00 15,00 36,25 0,65 164 15.00 15.00 36.26 0.66 166 15.00 15.00 36.21 0.61 168 15.00 15.00 36.24 0.64 170 15.00 15.00 36.23 0.63 172 15.00 15.00 36.22 0.62 174 15,00 15.00 36.25 0.64 176 15.00 15.00 36.24 0.64 178 15,00 16.00 3624 0.64 180 16.00 15,00 36,25 0,65 182 15.00 15,00 38,24 0.64 184 15.00 15.00 36.24 0.64 185 15.00 15.00 36.25 0.65 188 15.00 15.00 36,23 0.83 190 16,00 15,00 36.23 0.63 192 15.00 15.00 36,23 0.63 104 15,00 15.00 36.24 0.64 196 15,00 15.00 36.25 0.65 198 15,00 15.00 36.25 0.65 200 15,00 15.00 35.26 0.68 202 15.00 15.00 36.23 0.63 204 15,00 15.00 36.23 0.63 206 15.00 15.00 36.24 0.64 208 15.00 15.00 36.25 0.65 210 15.00 15,00 38.25 0.65 212 15.00 15.00 36.25 0.65 214 15.00 15.00 36.23 0.63 216 15.00 15.00 36.25 0.65 218 15.00 15.00 36.24 0,64 220 15.00 15.00 36.25 0.65 222 15.00 15.00 38.26 0.66 224 15.00 15.00 36.22 0.62 226 15.00 15.00 36.24 0.84 228 15.00 15,00 36.21 0.61 230 16,00 15.00 36.22 0.62 232 15.00 15.00 36.24 0.64 234 15.00 15.00 3.6.25 0.65 236 15.00 15,00 36.24 0.64 238 15.00 15.00 38.25 0,65 240 15.00 0.00 36.27 0.67 24.2 0.00 0.00 35.72 0.12 244 0.00 0.00 35,69 0.09 246 0.00 0.00 35.65 0.05 248 0.00 0.00 35.66 0.06 250 0.00 0.00 35.65 0.05 252 0.00 0,00 35,63 0.03 254 0.00 0.00 35.62 0,02 258 0.00 0.00 35.62 0.02 258 0.00 0.00 35.80 0.00 280 0.00 0.00 35.60 0.00 262 0.00 0,00 35,59 -0.01 264 0.00 0.00 35.57 -0.04 268 0.00 0.00 35.58 -0.02 268 0.03 0.00 35.58 -0.02 270 0,00 0.00 35.58 -0.02 272 0.00 0.00 35.58 -0.02 zuxana+a An eaten 26/2007 2:121oom2lm4 Ta2cha121824 2 PalUementUgal 2008,R:mpTmI55iLmprewAniyaisrl• PGS Well 5 Pump Test Data —1 a © M 'Od' tO (.) (ena1 as}eM O 0 0 O O 0 d R vi8 laR it ito 1- a E c• 1 icsi 1 E m di n ci m I coM N OD 0 _o 5 k • • • • PGS Well 5 Recovery Plot (4) umopmeap Ienpisaa 4 CV Zancanella Assccfafes Table 7 Pioneer Glen Subdivision PGS Well 6 Pump Test Data Samuelson Pump Compay January3, 2007 Time From Start (min) Water Levels Pumping Rate sounded from oak* toa Inial tgprn1 Final Level Drawdown tlipml P11 18! 0 0.00 2.75 0000000000000000000aagiNNNM$113482 MSS'airISSr)vai. gmm42m22rammmaommS$--3`"-gc" "m '""°3333 oocodddodcocoddddddoo Rp� {S{qq4�p (m(i�gr+rAj POq: e:: •I �V};Vr .eN}-��p�p rit:ZIT. V Y V V,♦@ Iyy+Iyy��hggP4t aga, itPl:8 {a��g.p gl�i}}m g qyy W♦rOCm1�C1mo4ag W gg �2�/42tol +tit�p y2y2ysr12.122a22:3$Z 4444 V /0R V V 4 QC 4 a Y44141O4.444`f 4344444 V V 4f RYY47CZ414r;Y7 V V� V 4Y? V Y*44444444444 Q44 2 2.75 2.75 4 2.75 2.75 6 2.75 2.75 8 2.75 2,76 10 2.75 4.60 12 4.50 4.50 14 4.50 4.50 16 4.50 4.50 18 4.50 4.50 20 4.50 6.00 22 6,00 6.00 24 6.00 6.00 28 6.00 6,00 28 6,00 8.00 30 6.00 8.00 32 6.00 6.00 34 8.00 6.00 38 6.00 6.00 38 6.00 6.00 40 6.00 6,00 42 6.00 6.00 44 6.00 6.00 46 6.00 8.00 48 6.00 6.00 50 6.00 6.00 62 6.00 6.00 54 6.00 6.00 56 6.00 6.00 66 6.00 6.00 60 6.00 6.00 62 6.00 8.00 64 6.00 6.00 88 6.00 8.00 68 6.00 8.00 70 6.00 6.00 72 6.00 6,00 74 8.00 6.00 78 6.00 6.00 78 6.00 6.00 80 6.00 6.00 82 6.00 6.00 84 8.00 6.00 88 8.00 6.00 88 6.00 6.00 90 6.00 6.00 92 6.00 8.00 84 6.00 6.00 06 8.00 8.00 98 6.00 6.00 100 COO 8.00 102 6.00 8.00 104 6.00 6.00 106 6.00 8.00 108 6.00 6.00 110 6,00 6.00 112 6.00 8,00 114 6,00 6.00 116 8.00 6.00 118 6,00 8.00 120 6.00 5.00 122 6.00 6.00 124 8.00 6.00 126 8,00 6.00 128 6.00 SAO 130 8.00 6.00 132 8.00 6.00 134 6.00 6.00 136 8.00 6.00 135 6,00 8.00 140 6,00 6,00 142 8.00 8.00 144 6.00 6.00 148 8.00 6.00 148 6.00 COO Unmet!' Aesochan 21912007 Zr121000121824 T0chee216242 9attlemen04esal 2006+1PumpTeatalePumipTeatxls • • • • • Table 7 Pioneer Glen Subdivision PGS Well 6 Pump Test Data Samuelson Pump Compay January 3, 2007 Time From Start (min] Water Levels trumping Rate sounded from casing top Initial (9Frrt1 Final Level [wall 18) Drawdown 181 150 6.00 6.00 44.85 1.66 152 6.00 6.00 44,85 1.65 154 6,00 6.00 44.86 1.68 156 6.00 6.00 44.85 1.65 158 6.00 6.00 44.84 1.64 160 6.00 6.00 44.85 1.65 162 6.00 6.00 44.64 1.64 164 6.00 6,00 44,82 1.62 166 6.00 6.00 44.84 1.64 168 6.00 6.00 44.84 1.64 170 6.00 6.00 44,85 1.65 172 6.00 6.00 44.84 1.64 174 6,00 6.00 44.86 1.65 176 6.00 6.00 44.85 1.65 178 6.00 6.00 44.86 1.88 180 6.00 6.00 44.85 1.65 182 6,00 6.00 44.85 1.65 184 6.00 6.00 44.85 1.65 186 6.00 6.00 44.89 1.69 165 6.00 6.00 44 84 1,84 190 6.00 6.00 44.87 1.67 192 6.00 6.00 44.86 1,66 194 6.00 6.00 44.86 1.68 196 6.00 6.00 44.88 1.68 198 6.00 6.00 44.87 1.87 200 6.00 6.00 44,87 1.67 202 6.00 6,00 44,87 1.67 204 6.00 6.00 44.86 1.66 206 6.00 6,00 44.86 1.65 208 6.00 6.00 44.85 1.65 210 6.00 6.00 44,87 1.87 212 6.00 6.00 44,87 1.67 214 6.00 6.00 44.87 1.87 216 6.00 6.00 44.86 1,86 218 6.00 6.00 44.86 1.66 220 6.00 6.00 44.89 1.69 222 6.00 6.00 44.87 1.67 224 6.00 6.00 44.86 1.66 226 6.00 6.00 44.86 1.66 228 6.00 6.00 44.89 1.69 230 6.00 6.00 44.86 1.66 232 6,00 6.00 44.87 1.67 234 6.00 6.00 44.88 1.68 236 6.00 6.00 43.40 0.20 238 6.00 6.00 43.37 0.17 240 6.00 0.00 43.37 0.17 242 0.00 0.00 43.37 0.17 244 0.00 0.00 43.35 0.15 246 0,00 0.00 43,37 0,18 248 0,00 0,00 43,35 0.16 250 0.00 0.00 43,36 0.16 252 0.00 0.00 43.35 0.15 254 0.00 0,00 43,34 0.14 256 0.00 0,00 43,33 0.13 258 0.00 D.00 43.33 0.13 260 0.00 0.00 43,34 0.14 262 0,00 0.00 43.32 0.12 264 0,00 0.00 43.34 0.14 266 0.00 0.00 43.32 0.12 268 0,00 0.00 43.32 0.12 270 0.00 0.00 43.32 0.11 ocartatia 4ssofatos 2J92007 2121000121624 Te5fche1121624,2 6Wtlemen6,lesa 1 2406+1PnmpTes016PumpTestxds c 0 ao .▪ 0 ✓ 3 L co LT.0 L 0 a 6 Pump Test Data 0 0 t -- 0 O O 0 0 53 4J) JSAfl ae;eM O co O O O E N co 0 • • 6 Recovery Plot ............... . O T.• (;;) uMopmeia lenp!soa d O 0) O CO • cD to U) �. Q) 0toO• 1 E 0 ro PGS WeII 6 PGS Well 5 PGS Well 4 PGS Well 2 m 3 a Nco co et' to to Co co U) to 01 N co CO 0 O ? to 0 to N.0 c) 0 N0 • 11 • • 0 k Pioneer Glen Subdivision Well Water Quality Testing - Results Matrix PGS Well 6 0 PGS Well 4 PGS Well 1 Parameter \\cp �\Ea#<7f .Rm 2a /q\�\/&</0 eR (Ni—o % 0) \\k7«fa rw__�� k ®\2\0 K� d�gco03 0.1 tO CD a�< _ CO. CO 2 k \ / C: -L 6 ow�em Below Detection Limit Zancanella Associates Colorado Department of Public Health and Environment Compliance Assurance & Data Management Unit REPORTING FORM FOR NITRATE OR NITRITE AS NITROGEN ANALYSES ColosJo Deprrmteat and sPublic rwimatte SAMPLER: FILL OUT ONE FORM FOR EACH SAMPLE Are these results to be used to fulfill compliance montioring requirements YES❑ NOD Is this a check or confirmation sample? YES❑ NOD PWSID: 07-0075-01 COUNTY: Garfield DATE COLLECTED: 1/4/2007 SYSTEM/ESTABLISHMENT NAME: Pioneer Glen Subdivision c/o Zancanella & Assoc SYSTEM MAILING ADDRESS: 1011 Grand Ave Glenwood Springs CO 81601 Street address/PO Box City State Zip CONTACT PERSON: Collin Robinson PHONE: (970) 945-5700 SAMPLE COLLECTED BY: Collin Robinson TIME COLLECTED: 3:00 pm ENTRY POINT (Finished Water) SAMPLED SOURCE WATER SAMPLE f FOR ENTRY POINT SAMPLE PLEASE INDICATE: Chlorinated Other Treatment Ei Finished - Not Treated (No chlorine or other treatment) E OTHER DESCRIPTION: STATE ENTRY POINT CODE: EP SOURCE(S) REPRESENTED: PGS 1 Well DO SAMPLES NEED TO BE COMPOSITED BY THE LABORATORY? YES❑ NOD CHECK OR CONFIRMATION SAMPLES CANNOT BE COMPOSITED For Laboratory Use Only Below This Line LABORATORY SAMPLE #: 07-0075-01 CLIENT NAME or ID #: PGS 1 LABORATORY NAME: Evergreen Analytical Laboratory LAB PHONE: (303) 425-6021 DATE RECEIVED IN LABORATORY: 1/5/07 DATE ANALYZED: 1/05/2007 02:18 PM - 1/05/2007 02:59 COMMENTS: PARAMETER RESULT in (mg/L) MCL in (mg/L) STANDARD METHOD LAB MDL in (mg/L) NITRATE -N 6.8 10.0 E300 0.01 NITRITE -N BDL 1.0 E300 0.03 NITRATE+NITRITE-N 6.8 10.0 E300 0.03 BDL - Indicates that the copumd was analyzed for, but was below the Lab MDL. NT = Not Tested for Compound. mg/L - Milligrams per Liter. Reviewed & Approved by MCL = Maximum Contaminant Level. H = Holding time has been exceeded Lab MDL = Laboratory Method Detection Limit. Technical Director J (Vo 7 Title Date MAIL RESULTS TO: CDPHE, WQCD-CADM-B2, 4300 Cherry Creek Drive South, Denver, CO 80246-1530 • • • { ulotuto acpa n mesa. of Ik b& Health and Enriranmcot Colorado Department of Public Health and Environment Compliance Assurance & Data Management Unit REPORTING FORM FOR NITRATE OR NITRITE AS NITROGEN ANALYSES SAMPLER: FILL OUT ONE FORM FOR EACH SAMPLE Are these results to be used to fulfill compliance montioring requirements YESu NO Is this a check or confirmation sample? YES u NOE PWSID: 07-0057-01 COUNTY: Garfield X DATE COLLECTED: 1/3/2007 SYSTEM/ESTABLISHMENT NAME: Pioneer Glen Subdivision c/o Zancanella & Assoc SYSTEM MAILING ADDRESS: 1011 Grand Ave Street address/PO Box CONTACT PERSON: Collin Robinson Glenwood Springs CO 81601 City State Zip PHONE: (970) 945-5700 SAMPLE COLLECTED BY: Collin Robinson TIME COLLECTED: 3:00 pm ENTRY POINT (Finished Water) SAMPLEf SOURCE WATER SAMPLE n FOR ENTRY POINT SAMPLE PLEASE INDICATE: Chlorinated n Other Treatment El Finished - Not Treated (No chlorine or other treatment) I i I OTHER DESCRIPTION: STATE ENTRY. POINT CODE: EP SOURCE(S) REPRESENTED: PGS 2 Well DO SAMPLES NEED TO BE COMPOSITED BY THE LABORATORY? YES❑ NOn CHECK OR CONFIRMATION SAMPLES CANNOT BE COMPOSITED For Laboratory Use Only Below This Line LABORATORY SAMPLE #: 07-0057-01 CLIENT NAME or ID #: PGS2 LABORATORY NAME: Evergreen Analytical Laboratory DATE RECEIVED IN LABORATORY: 1/4/07 LAB PHONE: (303) 425-6021 DATE ANALYZED: 1/05/2007 10:26 AM COMMENTS: PARAMETER RESULT in (mgiL) MCL in (mg/L) STANDARD METHOD LAB MDL in (mg/L) NITRATE -N 5.8 10.0 E300 0.02 NITRITE -N BDL 1.0 E300 0.03 NITRATE+NITRITE-N 5.8 10.0 E300 0.03 BDL = Indicates that the copund was analyzed for, but was below the Lab MDL. NT = Not Tested for Compound. mg/L = Milligrams per Liter. MCL = Maximum Contaminant Level. Ii = Holding time has been exceeded. Lab MDL = Laboratory Method Detection Limit. 7 Technical Director i/, 7/D 7 • Reviewed & Approved by Title Date !( MAIL RESULTS TO: CDPHE, WQCD-CADM-B2, 4300 Cherry Creek Drive South, Denver, CO 80246-1530 Cninndo Dcparismot of Nd & Hells sad &Ammon Colorado Department of Public Health and Environment Compliance Assurance & Data Management Unit REPORTING FORM FOR NITRATE OR NITRITE AS NITROGEN ANALYSES SAMPLER: FILL OUT ONE FORM FOR EACH SAMPLE Are these results to be used to fulfill compliance montioring requirements YES❑ NO[J Is this a check or confirmation sample? YES ❑ NO❑X PWSID: 07-0075-01 COUNTY: Garfield DATE COLLECTED: 1/4/2007 SYSTEM/ESTABLISHMENT NAME: Pioneer Glen Subdivision c/o Zancanella & Assoc SYSTEM MAILING ADDRESS: 1011 Grand Ave Glenwood Springs CO 81601 Street address/PO Box City State Zip CONTACT PERSON: Collin Robinson PHONE: (970) 945-5700 SAMPLE COLLECTED BY: Collin Robinson TIME COLLECTED: 1:00 pm ENTRY POINT (Finished Water) SAMPLED SOURCE WATER SAMPLE El FOR ENTRY POINT SAMPLE PLEASE INDICATE: Chlorinated ci Other Treatment LI Finished - Not Treated (No chlorine or other treatment) ❑X OTHER DESCRIPTION: STATE ENTRY POINT CODE: EP SOURCE(S) REPRESENTED: PGS 3 Well DO SAMPLES NEED TO BE COMPOSITED BY THE LABORATORY? YES❑ NO❑X CHECK OR CONFIRMATION SAMPLES CANNOT BE COMPOSITED For Laboratory Use Only Below This Line LABORATORY SAMPLE #: 07-0075-02 CLIENT NAME or ID #: PGS 3 LABORATORY NAME: Evergreen Analytical Laboratory LAB PHONE: (303) 425-6021 • DATE RECEIVED IN LABORATORY: 1/5/07 DATE ANALYZED: 1/05/2007 02:32 PM - 1/05/2007 03:13 COMMENTS: PARAMETER RESULT in (mg/L) MCL in (mg/L) STANDARD METHOD LAB MDL in (mg/L) NITRATE -N 3.6 10.0 E300 0.01 NITRITE -N BDL 1.0 E300 0.03 NITRATE+NITRITE-N 3.6 10.0 E300 0.03 BDL = Indicates that the copund was analyzed for, but was below the Lab MDL. NT = Not Tested for Compound. mg/L= Milligrams per Liter. MCL = Maximum Contaminant Level. H = Holding time has been exceeded. Lab MDL = Laboratory Method Detection Limit. Technical Director Reviewed & Approved by Title '72(0 ". MAIL RESULTS TO: CDPHE, WQCD-CADM-B2, 4300 Cherry Creek Drive South, Denver, CO 80246-1530 • • Co' tondo Dcparlment of PublicHeilds And E,nimnmenr Colorado Department of Public Health and Environment Compliance Assurance & Data Management Unit REPORTING FORM FOR NITRATE OR NITRITE AS NITROGEN ANALYSES SAMPLER: FILL OUT ONE FORM FOR EACH SAMPLE Are these results to be used to fulfill compliance montioring requirements YESL NO❑X Is this a check or confirmation sample? YESC NOI Xl PWSID: 07-0075-01 COUNTY: Garfield DATE COLLECTED: 1/4/2007 SYSTEM/ESTABLISHMENT NAME: Pioneer Glen Subdivision c/o Zancanella & Assoc SYSTEM MAILING ADDRESS: 1011 Grand Ave Street address/PO Box CONTACT PERSON: Collin Robinson Glenwood Springs City CO 81601 State Zip PHONE: (970) 945-5700 SAMPLE COLLECTED BY: Collin Robinson TIME COLLECTED: 3:00 pm ENTRY POINT (Finished Water) SAMPLE[] SOURCE WATER SAMPLE LI FOR ENTRY POINT SAMPLE PLEASE INDICATE: Chlorinated ❑ Other Treatment Finished - Not Treated (No chlorine or other treatment) 13 I OTHER DESCRIPTION: STATE ENTRY POINT CODE: EP SOURCE(S) REPRESENTED: PGS 4 Well DO SAMPLES NEED TO BE COMPOSITED BY THE LABORATORY? YES NOD CHECK OR CONFIRMATION SAMPLES CANNOT BE COMPOSITED For Lcboratory Use Only Below This Line LABORATORY SAMPLE #: 07-0075-03 CLIENT NAME or ID #: PGS 4 LABORATORY NAME: Evergreen Analytical Laboratory DATE RECEIVED IN LABORATORY: 1/5/07 LAB PHONE: (303) 425-6021 DATE ANALYZED: 1/05/2007 02:46 PM COMMENTS: PARAMETER RESULT in (mg/L) MCL in (mg/L) STANDARD METHOD LAB MDL in (mg/L) NITRATE -N 1.5 10.0 E300 0.02 NITRITE -N BDL 1.0 E300 0.03 NITRATE+NITRITE-N 1.5 10.0 E300 0.03 BDL = Indicates that the copund was analyz d for, but was below the Lab MDL. NT = Not Tested for Compound. mg/L = Milligrams per Liter. • Reviewed & Approved by MCL - Maximum Contaminant Level. H = Holding time has been exceeded. Lab MDL = Laboratory Method Detection Limit. Technical Director Title MAIL RESULTS TO: CDPHE, WQCD-CADM-B2, 4300 Cherry Creek Drive South, Denver, CO 80246-1530 ate vcD Cobtado Dtpartmrat ul ptatl;r Health and Eirtiloamcm Colorado Department of Public Health and Environment Compliance Assurance & Data Management Unit REPORTING FORM FOR NITRATE OR NITRITE AS NITROGEN ANALYSES SAMPLER: FILL OUT ONE FORM FOR EACH SAMPLE Are these results to be used to fulfill compliance montioring requirements YES❑ NOU Is this a check or confirmation sample? YESFJ NO❑X PWSID: 07-0057-01 COUNTY: Garfield DATE COLLECTED: 1/3/2007 SYSTEMJESTABLISHMENT NAME: Pioneer Glen Subdivision c/o Zancanella & Assoc SYSTEM MAILING ADDRESS: 1011 Grand Ave Street address/PO Box CONTACT PERSON: Collin Robinson Glenwood Springs CO 81601 City SAMPLE COLLECTED BY: Collin Robinson State Zip PHONE: (970) 945-5700 TIME COLLECTED: 3:00 pm ENTRY POINT (Finished Water) SAMPLED SOURCE WATER SAMPLE 0 FOR ENTRY POINT SAMPLE PLEASE INDICATE: Chlorinated ❑ Other Treatment 0 Finished - Not Treated (No chlorine or other treatment) ❑X OTHER DESCRIPTION: STATE ENTRY POINT CODE: EP SOURCE(S) REPRESENTED: PGS 6 Well DO SAMPLES NEED TO BE COMPOSITED BY THE LABORATORY? YES NO❑X CHECK OR CONFIRMATION SAMPLES CANNOT BE COMPOSITED For Laboratory Use Only Below This Line LABORATORY SAMPLE #: 07-0057-02 CLIENT NAME or ID #: PGS6 LABORATORY NAME: Evergreen Analytical Laboratory LAB PHONE: (303) 425-6021 DATE RECEIVED IN LABORATORY: 1/4/07 DATE ANALYZED: 1/05/2007 10:39 AM COMMENTS. PARAMETER RESULT in (mg/L) MCL in (mg/L) STANDARD METHOD LAB MDL in (mg/L) NITRATE -N 2.0 10.0 E300 0.02 NITRITE -N BDL 1.0 E300 0.03 NITRATE+NITRITE-N 2.0 10.0 E300 0.03 BDL = Indicates that the copund was analyzed for, but was below the Lab MDL. NT = Not Tested for Compound. mg/L - Milligrams per Liter. m Reviewed & Approved by MCL = Maximum Contaminant Level. H - Holding time has been exceeded. Lab MDL - Laboratory Method Detection Limit. Technical Director 1//,7707. Title Date MAIL RESULTS TO: CDPHE, WQCD-CADM-B2, 4300 Cherry Creek Drive South, Denver, CO 80246-1530 Caloradal7c�+arcmoot •of PnblicHealch and Environment Laboratory Services Division 8100 Lowry Boulevard, Denver CO 80230-6928 US Mail: PO Box 17123, Denver CO 80217 (303) 692-3090 fax (303) 344-9989 PGS 1 CUSTOMER Zancanella & Associates 1011 Grand Ave Glenwood Springs, CO 81601 Contact Name Contact Phone Lab ID No. MSA -2007000115 SAMPLE, INFORMATION Collected 1/4/2007 3:00:OOPM Received 1/5/2007 10:30:18AM Reported 1/8/2007 Collected By SCR Matrix Drinking Water Purpose Routine Chlorine residual Payment Type Billed Test Name Result Method Name Escherichia coli PA Total coliforms PA E. coli not detected Coliform absent or less than one (<1), indicates a microbiologically safe sample SM 9223 • LARS Interent Address: http://www.cdphe.state.co.us/lr/Irhom.htm Modification Date:1/8/2007 #203 Colorado D ftbn tcHd c Ener Laboratory Services Division 8100 Lowry Boulevard, Denver CO 80230-6928 US Mail: PO Box 17123, Denver CO 80217 (303) 692-3090 fax (303) 344-9989 Lab II}No. MSA -2007000256 • SAMPLE SITE SAMPLE 1NFOR'S1ATION PGS 2 Collected 1/10/2007 2:00:00PN Received 1/11/2007 10:34:00AM Reported 1/12/2007 Collected By SCR Matrix Raw Water CUSTOMER COMMENTS Zancanella & Associates 1011 Grand Ave Glenwood Springs, CO 81601 Contact Name Contact Phone 9703799269 Purpose Special Chlorine residual Purpose Payment Type Billed Test Name Result Method Name Escherichia coli PA Total coliforms PA E. coli not detected Coliform PRESENT, unsafe sample, greater than or equal to 1 Coliform per 100 SM 9223 LARS Interent Address: http://www.cdphe.state.co.us/lr/lrhom,htm Modification Date:1/12/2007 #203 • • Colorado eae rtldmi of Public Hpceith and Environment Laboratory Services Division 8100 Lowry Boulevard, Denver CO 80230-6928 US Mail: PO Box 17123, Denver CO 80217 (303) 692-3090 fax (303) 344-9989 SAMPLE SITE PGS 3 CUSTOMER: Zancanella & Associates 1011 Grand Ave Glenwood Springs, CO 81601 Contact Name Contact Phone Lab ID No. MSA -2007000116 SAMPLE INFORMATION Collected Received Reported Collected By 1/4/2007 1:00:00PM 1/5/2007 10:30:18AM 1/8/2007 SCR Matrix Drinking Water COMMENTS Purpose Routine Chlorine residual Payment Type Billed Test Name Result Method Name Escherichia coli PA Total coliforms PA E. coli not detected Coliform PRESENT, unsafe sample, greater than or equal to 1 Coliform per 100 SM 9223 • LARS Interent Address: http://www.cdphe.state.co.us/lr/lrhom.htm Modification Date:1/8/2007 #203 Laboratory Services Division 8100 Lowry Boulevard, Denver CO 80230-6928 US Mail: PO Box 17123, Denver CO 80217 Godc (303) 692-3090 fax (303) 344-9989 azwEnvironment Lab ID No. MSA -2007000117 SAMPLE SITE SAi'IPLE INFORMATION PGS 4 Collected 1/4/2007 3:00:OOPM Received 1/5/2007 10:30:18AM Reported 1/8/2007 Collected By SCR Matrix Drinking Water CUSTOMER COiN1.NIENTS Zancanella & Associates 1011 Grand Ave Glenwood Springs, CO 81601 Contact Name Contact Phone Purpose Routine Chlorine residual Payment Type Billed Test Name Result Method Name Escherichia coli PA Total coliforms PA E. coli not detected Coliform absent or Tess than one (<1), indicates a microbiologically safe sample SM 9223 LARS Interent Address: http://www.cdphe.state.co.us/Ir/lrhom.htm Modification Date:1/8/2007 #203 Colorado Deportment ofpublicHea1th and Environment Laboratory Services Division 8100 Lowry Boulevard, Denver CO 80230-6928 US Mali: PO Box 17123, Denver CO 80217 (303) 692-3090 fax (303) 344-9989 Lab ID No. MSA -2007000257 SAMPLESITE SAMPLE INFORI'IATIOiN PGS 5 Collected Received Reported Collected By 1/10/2007 2:00:00Pi 1/11/2007 10:34:00AM 1/12/2007 SCR Matrix Raw Water CUSTOMER`; COMMENTS Zancanella & Associates 1011 Grand Ave Glenwood Springs, CO 81601 Contact Name Contact Phone 9703799269 Purpose Special Chlorine residual Purpose Payment Type Billed Test Name Result Method Name Escherichia coli PA Total coliforms PA E. coli not detected Coliform PRESENT, unsafe sample, greater than or equal to 1 Coliform per 100 SM 9223 • LARS Interent Address: http://www.cdphe.state.co.us/1r/lrhom.htm Modification Date:1/12/2007 #203 Laboratory Services Division 8100 Lowry Boulevard, Denver CO 80230-6928 US Mail: PO Box 17123, Denver CO 80217 (303) 692-3090 fax (303) 344-9989 Lab ID No. MSA -2007000255 SAMPLE SITE SAMPLE INFORMATJON PGS 6 Collected 1/10/2007 2:00:00Ph Received 1/11/2007 I0:34:00AM Reported 1/12/2007 Collected By SCR Matrix Raw Water CUSTOMER CO111MENTS Zancanelta & Associates 1011 Grand Ave Glenwood Springs, CO 81601 Contact Name Contact Phone 9703799269 Purpose Special Chlorine residual Payment Type Billed Purpose Test Name Result Method Name Escherichia coli PA Total coliforms PA E. coli not detected Coliform absent or less than one (<1), indicates a microbiologically safe sample SM 9223 LARS Interent Address: http://www.cdphe.state.co.us/lr/lrhom.htm Modification Date:1/12/2007 #203 • • Colorado Department of Public Health and Environment Colorado Department of Public Health and Environment Compliance Assurance & Data Management Unit REPORTING FORM FOR RADIONUCLIDE ANALYSIS Sampler: Please Complete a Separate Form for Each Sample Are these results to be used to fulfill compliance monitoring requirements? YES Dor NO Is this a check or confirmation sample? ❑ YES ® NO PWSID: CO 0 COUNTY: Garfield DATE COLLECTED: 01 / 03 / 2007 SYSTEM NAME: Pioneer Glen Subdivision SYSTEM MAILING ADDRESS: c/o Zancanella & Asst;t.. 1011 Grand Ave. Glenwood Springs CO 81601 Street address/PO Box CITY STATE ZIP CONTACT PERSON: Collin Robinson PHONE: ( 970 ) 945 5700 SAMPLE COLLECTED BY: Collin Robinson TIME COLLECTED: 1300 am/pm ENTRY POINT (Finished Water) SAMPLE ® SOURCE WATER (Raw Water) SAMPLE ❑ FOR ENTRY POINT SAMPLE PLEASE INDICATE: STATE ENTRY POINT CODE: EP Chlorinated ❑ Other Treatment ❑ Finished — Not Treated (No chlorine or other treatment) El SOURCE(S) REPRESENTED: PGS Well #5 DO SAMPLES NEED TO BE COMPOSITED BY THE LABORATORY? YES ❑ NO El For Laboratory Use Only Below This Line LABORATORY SAMPLE # A058/07-1 LABORATORY NAME: Hazen Research, Inc. CLIENT NAME or ID# Zancanella and Associates, Inc. LAB PHONE # ( 303 ) 279 4501 COMMENTS: DATE RECEIVED IN LABORATORY: 01 / 04 / 2007 PARAMETER RESULT UNITS MCL STANDARD METHOD LAB MDL REGULATORY MDL DATE ANALYZED Gross Alpha (4002) 10±3 pCi/L 15 pCi/L EPA 900.0 2.7 pCi/L 3 pCi/L 01 / 09 / 2007 Radium 226 (4020) 0.2±0.2 pCi/L Ra -226+228= 5 pCi/L SM 7500 -Ra 13 0.1 pCi/L 1 pCi/L 01 / 15 / 2007 Radium 228 4030 ( ) 0.0±0.7Ra-226+228= pCi/L5 pCi/L EPA Ra -OS 0.7 pCi/L 1 pCi/L 01 / 11 / 2007 Uranium (4006) 11 p.g/L 30 µg/L ASTM D2907-97 0.7 p.g/L 1 pg/L 01 / 10 / 2007 Screening Gross Beta (4100) 1.7±2.1 pCi/L Trigger level = 50 pCi/L EPA 900.0 2.0 pCi/L 4 pCi/L 01 / 09 / 2007 Total Solids (1930) mg/L SMCL* = 500 mg/L mg/L N/A econaary, tlmum 0 ny4npaanlevel — Non -enforceable Standard Laboratory Results Reviewed & Approved by Robert R.ostad Laboratory Manager MAIL RESULTS TO: CDPHE, WQCD-CADM 4300 Cherry Creek Drive South Denver, CO 80246-1530 4000 4010 Title For State Use ONLY FAX: 303-782-0390 Compliance Alpha Combined Radium -226+228 4006 Uranium 01 / 24 / 2007 Date ACZ Laboratories, inc. 2773 Downhill Drive Steamboat Springs, CO 80487(800) 394-6493 Zancanella & Associates Project ID: Sample ID: PGS 5 ACZ Sample ID: Date Sampled: Date Received: Sample Matrix: L60572-01 01103107 13:00 01104107 Drinking Water Field Data Paraiieter PA Method cult QilaI Unita'; Date. Analyst pH (Field) Temperature (Field) Inorganic Prep Field Measurement Field Measurement 7.3 12.0 units C 01103/0713:00 or 01/03/07 13:00 or Pararriefer A Mothod esult:" Qus1'4Q MDL_ ,PQL Date Analyst Total Recoverable Digestion Total Recoverable Digestion Metals Analysis M2002 ICP M200.2 ICP -MS 01/08/07 14:51 erl 0110510718:52 erf Parameter PA Method .. Result Qual X°. Unit, MOL PQL Detc Analyst Aluminum, total recoverable Antimony, total recoverable Arsenio, total recoverable Barium, total recoverable Beryllium, total recoverable Cadmium, total M200.7 ICP recoverable Calcium, dissolved M200:7 ICP Chromium. total M200.7 ICP recoverable Copper, total M200.7 ICP recoverable Iron, total recoverable M200.7 ICP Lead, total recoverable M200,8 ICP -MS Magnesium, dissolved M200.7 ICP Manganese, total M200.7 ICP recoverable Mercury, total M245,1 CVAA Nickel, total M200.7 ICP recoverable Selenium, total M200.8 ICP -MS recoverable Silver, total recoverable M200.8 ICP -MS Sodium, dissolved M200.7 ICP Thallium, total M200,8 ICP -MS recoverable Uranium, total M200,8 ICP -MS recoverable inc, total recoverable M200.7 ICP M200.7 ICP M200.8 ICP -MS M200.8 ICP -MS M200.7 ICP M200.7 ICP 0.0014 0.020 117 0,14 U U U U U U U 109 0.028 8 0,0064 241 0.0147 U U U U U r mg& mg/L mg/L 0.03 0.2 01/09/07 3:03 0,0004 0.002 01/09/07 4:45 0.0005 0.001 01/09/07 4:45 mg/L 0.003 mgll 0.002 mg/L gme jr jr 0.02 01/09/073:03 gme 0.01 01/09/07 3:03 gme 0.005 0.02 01/09/07 3:03 gme nig1L 0.2 mg& 0.01 mg1L mglL mg&L mg/L mg/L mg/L mg/L mg&L mg& mg&L mg/L mg/L mg/L 1 01/0810719:47 gme 0.05 01/09/07 3:03 gme 0.01 0.05 01/13/07 3:39 gme 0.02 0.05 01/13/07 3:39 gme 0.0001 0.0005 01/09/07 4:45 jr 02 1 01/05/07 22:57 gme 0.005 0,03 01/09107 3:03 gme 0.0002 0.001 0,01 0.05 01/09107 11:36 djt 01/09/07 3:03 gme 0.0001 0,0005 01/09/07 4:45 5E-05 0.0003 01/09/07 4:45 jr 0.3 2 . 01/05107 22:57 gme 0.00010.0005 01/09/07 4:45 jr 0.0001 0.0005 01/09/07 4:45 jr 0.01 0.05 01/09/07 3:03 gme REPIN.02,06 05.01 Please refer to QualiferReports for detail. L60572: Page 3 of 18 • • • • • CZ Laboratories, Inc. 2773 Downhill Drive Steamboat Springs, CO 80487(800) 334-5495 Zancanetla & Associates Project ID: Sample ID: PGS 5 ACZ Sample ID: Date Sampled: Date Received: Sample Matrix: L60572-01 01103107 13:00 01104107 Drinking Water Wet Chemistry Parameter rtf ___ d Alkalinity as CaCO3 Bicarbonate as CaCO3 Carbonate as CaCO3 Hydroxide as CaCO3 Total Alkalinity Chloride Conductivity ©25C Corrosivity (talc_) Fluoride • Hardness as CaCO3 Lab Filtration Lab Filtration & Acidification Nitrate as N. dissolved Nitrate/Nitrite as N, dissolved Nitrite as N, dissolved pH (lab) pH pH measured at Residue, Filterable (TDS) ©1800 Sulfate SM232013 -Titration M325.2 - Colorimetric SM2510B 1120.1 SM 2330 - CaCO3 SI SM4500F-C SM23408 - Calculation SM 3030 B SM 3030 B =PQL .s;. , Dato An dy'si Calculation: NO3NO2 minus NO2 M353,2 - Automated Cadmium Reduction M3532 - Automated Cadmium Reduction M150.1 - Electrometrio SM2540C - Gravimetric SM4500 SO4-D 463 • mg/L U • mg/L U • mg/L 463 " mg/L 50 • mg/L 2230 • umhosicm 0.3 • SI unit 0.6 ▪ mg/L 740 mg/L • 1.65 mg/L 1.67 mg/L 0.02 B " mg& 8.1 H " units 20.0 * C 1560 • mg/L 730 • mg/L 2 20 01/05/07 0:00 2 20 01/05/07 0:00 2 20 0110510T 0:00 2 20 01105)07 0:00 1 5 01)12/07 2221 1 10 01/05/07 18:51 0.01 01/18/07 16:55 0.1 0.5 01/11/07 17:21 1 7 01/18/07 0:00 01/05/07 9:59 01106/07 12:00 cas cas cas 055 pjb cas gat cas talc mis Izg 0.02 0.1 01/18/07 0:00 Gala 0.02 0.1 01/04/07 21:05 pjb 0.01 0.05 01/04/07 21:05 pjb 0.1 0.1 01/05/07 0:00 0.1 0.1 01/05107 0:00 10 20 01/05/07 13:16 cas cas lop 10 50 01108/07 11:26 lop REPIN 02.06.05.01 ' Please refer to Qualifier Reports for detail. L60572: Page 4 of 18 WEST DIVIDE WATER CONSERVANCY DISTRICT CONTRACT Feb 19 07 11:34a • • • DATE: WEST DIVIDE NATER CONSERVANCY DISTRICT 109 WEST FOURTH STREET. P. 0. BOX 1478 RIFLE; COLORADO 81650-1478 TELEPHONE: (970) 625-5461 FAX: (970) 625-2795 water(awdwcd.org {� FAX COVER SHEET - 1 �i -7 NUMBER OF PAGES (including cover sheet) TO: 0.0\''V\-\) FAX NUMBER: CI 4-5 -- FROM: RE: DOCUMENTS SUBMITTED: IF YOU DO NOT RECEIVE ALL OF THE PAGES, PLEASE CALL (970) 625-5461 Transmitted: For approval For signature For review and comment As requested r! For your information OTHER MESSAGE: PlQasp: Sign and return Cal! upon receipt/review Call if any questions c�-'4211.0 e C� L- / y t c. o p.1 1 � nv0lc ti Feb 19 07 11:34a West Divide Water Conservancy District -General Stored Water 109 West Fourth Street P. O. Box 203 (970) 625-5461 Rifle. CO 81650 water@wdwcd.org BILL TO Pioneer Glen Homeowners Association c/o Specialty Restaurants Corp. 8191 East Kaiser Blvd. Annaheitn, CA 92808 p2 DATE INVOICE 3/1512007 2875 CONTRACT # ACRE FEET RATE IDENTIFICATION 070215PG(a) 2.6 In/Domestic DESCRIPTION RTY RATE AMOUNT Recording Fee Colorado River Augmentation Plan Assessment Augmentation Water Contact 2.6 2.6 10.00 55.00 105.00 10.00 143.00 273.00 Due Upon Receipt. Total $426.00 On any shared well non-payment of any portion of the fees due deems the whole contract cancelled. • • • APPLICATION TO LME WATER FROM WEST DIVIDE DE WA -1122. CONSERVANCY DIt3TRICT 109 West Fourth Street, P. O. BoX 1478, Rifle, Colorado 81650 waterestdwedorg Fax: (470) 625-2796 Telephone: (970) 625-5461 I. APPLISANT INFORMATION idama rioneer `I.en Homeowner s Assoc 1atd.stIcATSONQFSTRucruiE M&itiAgaddteSS: 8191 i+3stKaiser Plvd. Oarfscid SE Anaheim, CA 92808 county Qaartatgnrecr Telephone: (714) 27P.6100 Authorized agent: Iliorrins A. Zarreandta.I';LT. 2. COURT CASE Vs: De<see Case No. Upcorttax Auginentatien Plan Case No. upcoming 3. USE OF WATER RE =MIA". (check Applicable boxes) QOrriiciapyhousehold use Nurberofdwellings: 6 21Subtheisian:NA conshucttd units; 0 No. Vacant las. 6 t:jklema prderi,4smn irrigatial of 5.000 Per lot sq. it Method of irrigation:13 flood El sprinkler 11 drip Mother ❑?3csi-cxnmercid minae watering of animas prim • DEvaporatim: Maximum weds emface to be exposed Dmoiption ofenyuse, ether Ulan evaporation, and method c f dive len, rate ofdiversion, and annual amount ofdiversionofany water withdrawn from the pond: 1Ye11 ZharktgAgn+enlenl f ?r.►Nulllple owner srrlir aatrl bd :7UDttrttant If snarler duo two OW874 application mull benaule are. a leomeown crx raariatiot. ti COL1SERCIh.X. (check appUcabta bma) Number ofunits: Total sq. R. of commercial mils: Description dust El INDUSTRIAL Description cruse: Evaporation: Maximum w ate: suresee to be exposed: Description of any use, other than aysperation, acid mdh 4 of?divorsion, rata of divcsion, and annual &mai nt afdiversian of a ny w ater withdrawn from the pond: QldUNICIPAL Description of use: ECDIRECT Colo ado River LotIticn: Sec 24, ''iS� R9 6W 4. SOURCE OF WATER Sbuctur : Wells Structuta 1Tnme: PGSWElls 1 -6 Source C!Surface D3th 1 3rGUndwDter Current Perm d# Test Wells tabeReoemitted (alachcopy) 24 Smaen NW 7 south Toaadtip Distance of well from section lines: 96 wet Rar ae Various, ace atiaohed 6th P. M. Elevation: 5,00fi0 ft Well lemtion address: CountvRoad 45CD (Stone OURT: Brad), Jost Waif a f'it uack,-berg Trey, ac s attached map. (elttadi aleittianalk7VIlbrnttICOlestiudane4 6. LAND) ON W 13IC11 WATER WILL AH 103ED (Lepw elescrOtion may beptvvidef as an attachment) Sec attached map. Number of acres in tract: 35.1 lxtgirtiox into the Dhlrlc4 atApptkaxr'rsxpr:rtg awry be regatta 7, TYPE OF SEWAGE SYSTEM © Septic tanklabsap lion leach Geld DCmtra1 system 130thec District rant& 8.YOLD9dE OF LEASED WATT R NEEDED IN ACRE FEET: 2.6, ace 011ie/ed table (pin &num oft acre foot except augmentation from Aisbury Reservoir where a lesser amount is atimeed) proaldeengin cuing data to sappotr valanne of1raree regrtcstal, Comnsarat4 nuodelpalp and Lena:lai n -rem ix' provide diversion and co cttU pdeo data ou a atontrdly baelz A totarcinS flow ,','Mr with rem &tit reactant lrpxipdrad to be leataped and :miteirparied ra IYes!Dlviau. Applicant ep prrssly at1tttowlaCgar irkertlUad the opportanlly In resdoe t%e Dirk • ' •ant Mita Atrainent Conitnrt and area ear applkaiox it rt acrd tuffect IQlfiatdnt z and condition: contained .rAer cin. App ignature Applicant Signature Application Dater ISSN AS AREA B coNTRACT YES X No The printed portions of this faro, exoept differentiated a 43iticns or deldion:, har a been approved and adopted by the West Div ide Water Conservancy District. .Form #1 WDWCD 050901 APP WEST DIVIDE WATER CONSERVANCY DISTRICT WATER ALLOTMENT CONTRACT Name afApplicant: Pioneer Glen Homeowner's Association Quantity of Water in Acre Feet: 2.6 AF Applicant, hereby applies to the West Divide Water Conservancy District, a political subdivision of the State of Colorado, organized pursuant to and existing by virtue of C.R.S. 1973, §37-45-141, et seq., (hereinafter referred to as the 'District") for an allotment contract to beneficially and perpetually use water or water rights owned, leased, or hereafter acquired by the District. By execution of this Contract and the attached Application, Applicant hereby agrees to the following terms and conditions: 1. Water Rights: Applicant shall own water rights at the point of diversion herein lawfully entitling Applicant to divert water, which will be supplemented and augmented by water leased herein. If Applicant intends to divert through a well, it must be understood by Applicant that no right to divert exists until a valid well permit is obtained from the Colorado Division of Water Resources. 2. Ouantity: Water applied for by the Applicant in the amount set forth above shall be diverted at Applicant's point of diversion from the District's direct flow water rights, and when water is unavailable for diversion pursuant to administration by the Colorado State Engineer during periods when said direct flow water right is not in priority, the District shall release for the use of Applicant up to said quantity in acre feet per year of storage water owned or controlled by the District. It is understood that any quantity allotted from direct flow, storage or otherwise, to the Applicant by the District will be limited by the priority of the District's decrees and by the physical and legal availability ofwater from District's sources. Any quantity allotted will only be provided so long as water is available and the Applicant fully complies with all of the terms and conditions of this Contract The District and the Applicant recognize that some of the District's decrees may be in the name of the Colorado River Water Conservation District, and the ability of the District to allot direct flow right to the Applicant may be dependent on the consent of the Colorado River Water Conservation District. If at any time the Applicant determines it requires less water than the amount herein provided, Applicant may so notify the District in writing, and the amount of water allotted under this Contract shall be reduced permanently in accordance with such notice. Rates shall be adjusted accordingly in following water years only. 3. Beneficial Use and Location of Beneficial Use: Any and all water allotted Applicant by the District shall be used for the following beneficial use or uses: industrial, municipal, domestic and related uses, or commercial (except for commercial use from Alsbury Reservoir and except to the extent that Ruedi Reservoir water may not be available for commercial as that term is defined on Page 5 of Contract No. 2-07-70-W0547 between the United States and the West Divide Water Conservancy District). Applicant's beneficial use of any and all water allotted shall be within or through facilities or upon land owned, leased, operated, or under Applicant's control. 4. Decrees and Deliverv: Exchange releases made by the District out of storage from Ruedi Reservoir, Green Mountain Reservoir, Alsbury Reservoir, or other works or facilities of the District, or from other sources available to the District, shall be delivered to the Applicant at the outlet works of said storage facilities or at the decreed point of diversion for said other sources, and release or delivery of water at such outlet or points shall constitute performance of the Districts total obligation. Delivery of water by the District from Ruedi Reservoir or Green Mountain Reservoir shall be subject to the District's lease contracts with the United States Bureau of Reclamation. Releases from other facilities available to District shall be subject to the contracts, laws, rules, and regulations governing releases therefrom. Furthermore, the District hereby 1 • • • • aortas ly reserves the right to store water and to make exchange releases from structures that maybe built or controlled by the District in the future, so long es the water service to the Applicant pursneat lo this agreement, isnot impaired by said action. Any quantity of the ApplieantI allocution not delivered to or used byAppllcantbytheendofeachwale.;year(October1),shaltreverttotheswte suppllesoftheDistrict. Such reversion shallnot entitle Applicant to any refund of payment made for such water. Waterssavi. provided by theDistrict shall be limited to the amount of water araiiable in priority at the original point ofdiversion of the District's applicable water right, and neither the District, nor those entitled ro utilize the District's decrees, may call on any greater amount at new oraltemalcpoints ofdiversion. The District shall request the Co loradoDi Vision of Water Resoure es to estimate any anweyan ce losses between the original point and any alternate point, and such estimate shall be deducted from this amount in each case. Water service provided by the Dish -let for properties located within the Bluestone and Silt Water Conservancy Districts is provided pursuant to Agreements with said Districts. The Intergovernmental Agreement between the District and the Silt Water Conservancy District, dated January 25, 2401, is recorded as Reception No. 575691, Garfield County Clerk and Recorder's Office. The Intergovernmental Memorandum of Understanding between the District and the Bluestone Water Conservancy District, dated April26, 2001, is recordedasReccption No. 5E4840, Garfield County Clerk and Recorder's Office. 5. Alternate Point orDIYetTl9aand Plan of&lmentation: Decrees for altcreatepoints ofdivetsionofthe District's water rights or storage water may be required in order for Applicant to use the water service contemplated hereunder. Obtaining such decree is the exclusive responsibility of Applicant_ The Districtreserres the right to review and approve any conditions which maybe attached to judicial approval of said alternate point of diversion as contemplated or necessary to serve Applicant's facilities or lands, Applicant aciatowledges and agrees that it shall be solely responsible forthe procedures and legal engin tering costs necessary for any changes 1n water rights contemplated hetero, and Mather agrees to indemnify the District from anycosis or losses related thereto. Appliear t is solely responsible for providing works and facilitiesnecessaryta obtain/divert the waters at said alternate point of divers ton and deliver them to Applicants intended beneficial use. Irrespective of the amount of water actually transferred to the Appllcunrs point of diversion, the Applicant shall crake annual payments to thcDistrict based upon the amount of water allotted under this Contract in the eventtheApplicant intends to apply for en altemate point of diversion and to develop an augmentation plan and institute legal praccedingsfir the app roval of such augmentation plan to allow the Applicantto utilize the water all ottedtoApplicant hereunder, the Applicant is shalt give the District written notice of such intent. In the event the Applicant develops and adjudicatas im awe au entation plan to utilize. the water allotted hereunder, Applicant sholl not he obligated to payany amount tmder Paragraph 19 below, in any event, the Districtshall havetheright to approve ordisapprove the Applicant's augmentation plan and theApplicantshall provide the District copies ofsuch plan and °fail pleadings and other papers filed with the water court in the adjudication thereo£ 6. Contract Payment: tionmfundable,onetimeadministrativecharge,intheamountdeterminedbytheBoardofDtrectors of the District from time to time, shall be submitted with the application for consideration by the District. Annual payment for the water service described herein shall be detennined by the Board ofDirectors of the Dis trict the initial annual payment shall be made in full, within thirty (30) days atter the date ofnotice to the Applicant that the initial payment is due. Said notice will advise the Applicant, among outer things, of the water dcltveryyear to which the initial payment shall apply and the price which is applicabietothat Year. 2 Annual payer, nes for each year thereafter shalt be due and payable by the Applicant on or before each January 1. Lf an annual payment is not made by the duo date a Etat $50 late fee will be assessed. Final written notice prior to cancellation will be seat certi$ed mail, return receipt requested. to the Applicant at such address as may be designated by the Applicant in writing or set forth In ihis Contract or Application. Water use for any part ofawate: year shall require payment for the entire water year. Nothing herein shall he construed so as to prevent the District Pram adjusting the annual rate in its sole discretion for future years only. Ifpayment Is nat made within fifteen (13) days after the date of said written notice, Applicant shall at District's sole option have no further right, title or interest under this Contract without further notice, and delivery may be 'immediately curtailed. limatlotmeatofe ate ,asherein made, may be transferred, teased, or othetwiso disposed of at the discretion of the Hoard of Directors of the District Opal cancellation alibis water allotment Contract with the District, the District shalt notify the Division of Water Resources offices in Denver and Glenwood Springs The Division of Water Resources may then order cessation ofalt water use. 7. Aelritunatatesiouleoss Applicant agrees to defray any expenses Incurred by the District in connection with the allotment ofwaterrights hereunder, including, but not Limited to, reitnbutsementoflegal and engtnecringcoatsinc dinconnectionwithanywater rights and adjudication necessary to allow Applicant's use of such allotted water rights. g. Agslgnnmentt This Centrad shall not inure to the benefit ate heirs, successors or assign of Applicant, without the prior written consent oftheDisn lot's Board of Directors. Any assignment of Applicant's rights under this Contract shall be subject to, and must comply with, such requirements as the District may hereafter adopt regarding assignment of Contract rights and the assumption of Contact obligations by assignees and successors. Nathinghcrein shall prevent successors Loa portion ofAppl tcaats pmpetty ROM applying totheDiistrictfer individual and separate allotment Contacts. No assignment shall be recognized try the District except upon completion andfiling°Cproper roma for assignment and change of ownership. • In the event the water al tatted pursuant to this Contract is to bo used for the benefit viand which is now or will subsequently be subdivided ar held in separate ownership the Applicant may only assign the Applicant's dghtsheraundcrto:•1)110'urethan ducescparateownets alt of whom shall be party to a well sharing agreement satisfactory to theDistrlct; or 2)A homeowners assoeiation,water district, water and sanitation district or other special district propertyorganized and existing under the laws of iheState of Colorado, and thea,only ifsuch patties, association or special district establishes to the satisfaction of the District that It lies the ability and authority to perform the Applicant's obligations under this Contract. In no evens shall the owner of a portico, but less than all, of tete Applicant's propertyto be served under this Contract hawses)? rights hereunder, except =such rights may exist pursuant to awcit stinting agreement orthrough ahomeowners association orspeeiai district us provided above. Upon tb e sale ofthe teat property to which thisContract pertains, Applicant shall make buyerawareofthisC.ontrootand proper forms for assignment end change of ownership mast be completed. 9. Other Rules: Appiicantshall bo bound by the provrsionsofthe Water ConservancyAct afCotored%bythe rules and regulations of the Board of Directors of the District; and all amendments thereof and supplements thacto and by all outer applicable law. ill Oneratiopend MaiptenanveAgreement: Applicant shalt enter intoareOperasionandMaintentueeAgreement' with the District under teras and conditions determined by *aboard of Directorsof the District, If and when, rho Board orsaid District detamioesin its sole discretion that such an agreement is required. Said agreement may contain, but shall not be limited to. provisions for additional annual monetary 3 • • • consideration for extension of District delivery services and for additional administration, operation, and maintenance costs, or for other tests tothe District which may arise through services made available to the Applicant, 11. ChanaeofUse., e Di stria t reserves the exclusive right to review, reapprove or disappro ve any proposed change in usc °flue water allotted hereunder. Any use other than that set forth herein or any lease or sale ofthewater or water rights allotted hcrevndcr without the prior written approval, of the District shall be deemedto be a material breach adds Contract 12, Use and Planed' Use: Applicant agrees to use the water in the manner and on the property described in the documents submitted to the District at the time this Contract is executed, or in any operation and malntenanoe a reemcnt provided byAppiicnnt Anyuse other than as set forth thereon or any least or sale of the water or water rights herein, other thanes permitted in paragraph 8 above, shall be deemed to boa material breach ofthls agreement. 13. Title: It is understood and agreed that nothing herein shall be interpreted to give the Applicant anyequitableorlegal fee title erest in or to any water or water rights referred to herein, 14. Conservation: Applicant stud! use commonly accepted conservation pmcticestvitla respect to the waterand waterrights herein, and hereby agrees to be bound by any conservation plan adopted hereafter by the District forint of District owned or controlled water or water rights. 15. Restrictions: Applicant shell restrict actual diversions to not exceed the contract amount, which provides water (on the formula of one acre-foot per dwelling) for ordinary household purposes inside one single family dwelling, the watering of domestic livestock, fire protection, and the irrigation of iawn and garden as specified in the Application. Applicant shall also comply with all restrictions and I imitations set forth in the mil permit obtained from th4 C:brad° Divisional' Water -Resources. Watering of livestock shall be rest ric ed to Applicant's domestic animals not to be used forsomrnerciat purposes unless Apptieant obtains approve( from the Colorado Division of Water Resources for commercial use/livestock watering, provided that in no event shall actual diversions exceed the amount of water provided by this Contract. Violation of this iiaragraph 15 shall be deemed to be a material breseh of this Contract 16. Well PermitIfApplicant intends to divert through a well, then Applicant tnustprovide to District acopyofAppliant's valid well permit before District is obligated to deliver any water hereunder. 17. Menu rinaDevice orMetes: Applicnntagreestoprovide,atitsownexpanse,ameasuringdevicedeemedaacptableby the District's Engineer eller consultation, or atotalizingflow teeter with remote readout to continuously and accurately measure at all tin:sailwater diverted pursuant to the terms of Applicant water right and the tarns of this Contract. Applicant agrees to provide accurate readings from such device ormeter to District upon District's request. Applicant acknowledges that failure to comply with this paragraph could result in legal action to terminate Applicants diversion of water by the State of Colorado Division of Water Resources. By signing this Contract, Applicant hereby specifically allows District, through its authorized agent, to enter upon Applicants property during ordinary business hours for the purposes of determining Applicants actual use of water. 18. Rcase, cntationa; By *sou tin g this Contract, Applicant agrees that it isnot relying on any legal or engineeringadvice that Applicant may believe has been received from tate District. Applicant further acknowledges that It has obtained all necessary legal and engineering advice from Applicant's own sources other than the District Applicant further acknowledges that the District makes no guarantees, warranties, or assurances whatsoever about the quantity or quality of water available pursuant to this Contract. Should the District be unable to provide the water contracted far hereat, no damages maybe assessed against the District, nor may Applicant obtain a refund from the District. W. Costs of Water Court Filing and Aaammentation Plan; Should the District, in tis awn discretion; choose to include Applicant's Contract herein in awater courtfiling ioratternato pointofd£version or plan ofaugmentatton, then Applicant hereby agrees topaytothe District, when assessed, an additional fee representing the District's actual and reasonable costs and fees for. Applicant's share oftheproCeedings. Applicant shell be assessed a pro -rata share of the total cost incurred by the District in preparing, filing and pursuing to decree the water court case. The pro -rata share shall (recalculated by d ividing such total cost by the number ofeoattactees Included in the filing. To the extentthatthcDistrictis caused additional costs because ofobjeetion flat specifcal ly duo tothe inclusion of Applicant's Contract in the filing, such additionat costs maybe charged specifically to Applicant and not shared on a pro' ata basis by all contractees, 20. pindioaAgreement: This agreen cntshaltnothacompletenorbindingupontheDistrictuniessattachedheretoIsthe form entitled "Application to Lease Water From West Divide Water Conservancy Distrier fully completed by Applicant and approved by the Districts engineer. Said attachments shall by this reference thereto be kaeorpomted into the Berms *farts aseerrteat. All conrespondeace from the District to Applicint referring to or relating to This agreement is by this reference incorporated into this agreement at 'Ford= tcrmsand conditions of this agreement. 21. Warning; IT IS THE SOLE RESPONSIBIITYOFTHEAPPLICANTTOOBTAINAVALIDWELLPERMItOR OTHER WATER RIGHT IN ORDEItTO DIVERT WATER, INCLUDING THE WATER ACQUIRED UNDER THIS CONTRACT. ITIS THE CONTINUING DUTY OF THE APPLICANT TO MAINTAIN THE VALIDITY OF THE WELL PERMIT OR WATER RIGHT INCLUDING FILING FOR EXTENSIONS OF iPERMfPS, FILING WELL COMPLETION REPORTS, FLING STATEMENTS OF BENEFICIAL USE, OR. OTHERWISE LAWFULLY APPLYING THE WATERT() BENEFICIAL USE ON A REGULAR BASIS WITHOUT WASTS. 22. AREA B. CONTRACTS; 1P APPLICANTS WELL OROTHERWAThRRIGHTTHATIS'IFiESUBIECTOP'IHIS CONTRACC IS LOCATED OUi B "AREA A" AS DESIGNATED BY THE DISTRICT; THEN THIS PARAGRAPH APPLIES: THE AUGMENTATION WATER PROVIDED BY THE DISTRICCUNDERTh!S CONTRACT MAY ONLY PROTECT APPLICANTS WATER RIGHT FROM A CALL ON me COLORADO RIVER AND MAY NOT PROTECT APPLICANT PROM A CALL FR01af ANY OTHER SENIOR RIGHT. NO REPRESENTATION OTHERWISE 13 MADE BY THE DISTRICT. IF THIS S A CONCERN TO APPLICANT, VMS CONTRACT MAYBE RESCINDED UPON WRITTEN NOTICE DELIVERED TO THE DISTRICT BY THE APPLICANTWTTi1it4THENIDCI' 30 DAYS FOLLOWINGT E AFFOGN4 OF SIGNATURES ON THIS CONTRACT IN WHICH EVENT ALL SUMS PAID BY APPLICANT' FOR Applicant NTRAGT SHALL BE IM€VIEDIATELY REFUNDED TO ANT. S Applicant • STATE OF (/ ) ) COUNTY OF OQ `NGc ) The foregoing instrument was acknowledged before me on this / day of �� � x0 G �, by VLU IP (y$ -C- C.,(C 61— Witness my hand and official sca My commission expires: , 5-02l %C) ,00 ll' a• LYNETTE M. KELLUM Commission # 1653359 Notary Public - California Orange County My Comm. Expires Mar 21, 2010 Notary Public STATE OF CA -1. l t' o 0--40(i4 ) ) ss - COUNTY OF 6 P -A-06 ) r The foregoing instrument was acknowledged before me on this I day of re -,ail R.tn.t% t , 20 d r , by '%O?f1dJfS ST -1W+ Witrussmyhand and official seal, My commission expires: 3 -ate+- /O ,+r LYNEI7E M. KELLUM d '712).-1-1-6144A--- Commission # 1653359 Notary Public Notary Public - California Orange County * - fi`. My Comm. Exp as Mar 21, 201 t1 ORDER Atter a hearing by the Board of Directors of the West Divide Water Conservancy District on the Applicstlon, it is hereby ORDERED that said Application be granted end this Contract shall be and is accepted by the District. WEST DIVIDE WATER CONSERVANCY DISTRICT By President ATTEST: Secretary Date This Contract includes and is subject to tate terms and conditions oldie fallowing documents which must accompany this Contract 1. Map showing Location of point of diversion (use map provided) i : 2. Application and Data Form fully completed end signed Tho primed partioosofthis torah except differenHots daddtt,onsordeletions, have beets approved and adopted by the West Divide Water Consery nncyDistrict. Form 11WEAVCD OSU901 CONTRACT_ 6 Water Demand and Consumptive Use Summary W a 5 E 0 a o `3 v 0 0000(00C3lv040 (V�4rQC/V CO 40 0 F- c 3o W m 80 goo a: cc Q o o cc eovEcc>> ro y ro o ro C 8> ro V W WHOO O' Q nH mmmy 0y yyyy W W �pp Q o 7 7 7'O0 0 D V h C c c c o o 0 0 e m 0 0 W u- C, Y c- sr sr sr sr ko N O O In O Cb CAY OOOCOr CV pi ri aV cs OOCOINaat T -RV -I% 00000 O 000000 iV • N cs 00 . iN .G O o O S Or N RS sr cu NO CC7 ='ol;it,o00000000000.= CACAO CA O CA C() r 1-1000 In N NCV CV CV M C')� to (0(0 sr 40 •a^ am 00 W 4. 0 x oma+ ni 0 a • • • Feet From West Line Feet from North Line O U N Cf) 0 0 } 0 0 a_ 0O0CD00L7 r CO C0 CO Ct �i N000CON N N CV N r NCV L7 t.C) 0 O O Ln N d' 10 0) CD CSi CD 0) N 10 CV r CV Ctif r N C O N NCr) cr L'3COfl L Cll (1) (ID C/) (ID CO v) (ID ( 00 (D 000 Q..CLCLCLD • • " • 4,-.;;,,..iF,14....ii'...n.:,',•-lek;',..i:11, :,'. ''. 1 .. :,.. .., i ; ::. I i:( -," Property Boutv . Geileret,ii.•'''' ,i. —___......- :,. \\ t '. \\ PGS Well 5 \ , 0 ‘q. PGS Well 4 PGS , \ °PBS Well '`" \ „ ‘,.. ° \PGS liVell ES PGS Well 2 0 44 „ .• :4 *?, Air 1, Rood1300-'" #1. Project Location Map Pioneer Gien T7S R96W SCALE DATE: SHEET: 1° = 500 15 JAN 2007 1 OF 1 DRAWN BY: I CHKD BY: APPD BY: DRAVVING: SCR --- WeIlLocs.dwg Specialty Restaurants Corp. ZANCANELL4 ANO ASSOC/4?F3; PVC ENG/NEER/NO CONSI/Z7ANIS POST OFFICE BOX 1900 - 1011 ORM AVMS mow= smog. COLORADO 81602 (97O) 940-5700 FIGURE NO. PROJECT' 21824.2 • Garfield County Submittal Attachment C AU County Land Use Planning Directors State Engineer's Actions On Proposed Water Supplies For Land Use Actions Attachment C Page 11 FORM NO. GWS -76 02/2005 WATER SUPPLY INFORMATION SUMMARY STATE OF COLORADO, OFFICE OF THE STATE ENGINEER 13I3 Sherman St., Room 8I8, Denver, CO 80203 Phone- Info (303) 866-3587 Main (303) 866-3581 Fax (303) 866-3589 JtttoJ/www.water.state.co.ns Sectiou 30-28-133,(d), C.R_S. requires that the applicant submit to the County, "Adequate evidence that a water supply that is sufficient in terms of quantity, quality, and dependability will be available to ensure an adequate supply of water." 1. NAME OF DEVELOPMENTAS PROPOSED: Pioneer Glen Subdivision 2. LAND USE ACTION: Subdivision 3. NAME OF EXTSTINO PARCEL AS RECORDED: SUBDIVISION: nla FILING (UNIT) e_ BLOCK , LOT 4. TOTAL ACREAGE: 35.1 ac 1 5. NUMBER OF LOTS PROPOSED 6 Lots PLAT MAP ENCLOSED? r YES or i.74 NO 6. PARCEL HISTORY -Please attach copies of deeds, plats, or other evidence or documentation. A. Was parcel recorded with county B. Has the parcel ever been part of If yes, describe the previous action: NO 1972? Ori YES or 0 NO . of larger ranch that wps split into 35 acre parcels �,... — tie to a section comer. prior to June 1, 1972? ❑ YES or Ki a division of land action since June 1, ,ParceLwaspreyiously part a map delir)eatin; the protect area and 7. LOCATION OF PARCEL - Include _:1/4 of the Principal Meridian: Optional CPS meters, Datum NW 1/4, Section. 24 , Township _L 1 Nor t7.4 8, Range, OR ❑ E or must be UTM, Units must be or 0 Zone 13 ® W Ending filS:xthh • New Mexico ❑Ute ❑Costilla must use the following settings: Format must be set to true IS II Zone 12 Location: GPS Unit musette NAD83, Unit Northing: 8. PLAT -Location of all wells nn property must be plotted and permit numbers Surveyor's Plat: 0 YES or W NO If not. 'raw hemi 4rawn sketch: provided. On YES orJ] NO 9. ESTIMATED WATERREQUIREMENTS 2.39 of M. WATER SUPPLY SOURCE Lpirimckaiyer Allpvium Vt(ajL _ ®:VEW WELLS - —• • _ .........--- ...-..- • -- - . --- _- •. PROPOSED AQUttS*$..(CHECKONE) NI ALLUVIAL D UPP)RARAPAHOE EIuPPERDAwSON �iDWERARAPAHD6 D LOWER DAWSON 0 LARAMIE PDX KILLS O DENVER E3 DAKOTA Ctormik USE WATER REQUIREMENTS ❑ EXISTING ❑ DEVELOPED WELL SPRING WELL PERMIT NUMBERS SRR attar:hart HOUSEHOLD USE COMMERCIAL USE IRRIGATION R 0.69 # _ 6 of uoiis # MIbf$.F Gall= per Day A=e-Feet per Year 2100 0 71 — n� of acres _ala 4415 1.68 STOCK WATERING 0, n/a of beadnia OTHER nia �_ © MUSACPAL ASSOCIATION 0 COMPANY 0 DISTRICT NAME WATER COURT DECREE CASE NUMBERS: TOTAL see attached table LETTER OF COMMITMENT FOR SERVICE 0 YES or ❑ NO 11. WAS AN ENGINEER'S WATER (This may be required before our review SUPPLY REPORTDEVELOPED? kli YES or 0 NO IF YES, PLEASE FORWARD WITH THIS FORM. is completed.) 12. TS'PE OF SEWAGE DISPOSAL SYSTEM ® SEPTIC TANK/LEACH FIELD ❑ LAGOON ❑ ENGINEERED SYSTEM (Attache copy of cnSineedng design.) ❑ CENTRAL SYSTEM DISTRICT NAME: 0 VAULT LOCATION SEWAGE HAULED 0 OTHER: TO: • • • Water Demand and Consumptive Use Summary Demand Parameters a NCCN C pNQ teW W O o y¢$ .a X e 0 0 0 0 (n 00 CD V O( O 0NN00v W (1) ((0 O N M n O 2 F' '195 C FO c O •4 0 (0 0) c c a2 U c A m E 0 m 115 O c i7 O �'� E c ? 3 E (-'O tL WaO or Q aEr 0. ti m (0n v01 N 0 0 m > > 7 '0 '0 '(7 '0 • O 0 0 0 c 0 c • c c c000Of- amc>ouIf_ c0 0 M C c 0 0) c E C) 0) 3 0) n 0) 2 m Oo OOO � 0) S 0 V N.M- 000000600060 0 0 0 00 0 0 0 ry CV CV 0 0 0 co 0 00007000 0 00 00 CO(0(0 (C) r- '- r O CO0 CO CV 000 00 •- N 7 7't N 0 0 0 0 0 0 0 0 0 0 0 0 NI- NI- V' V' k) N O O El) O) 0)0 00000. -CV ('7 ricsi CO cO 0 u) t- 1- t- O 0 0 (O 01 O 00 00 O 0_ CV C V' V. CV r 0 0 0 0 0 0 0 0 0 0 0 0 O CO • 0 0 0 0 '- N M M N O 17 0 0 0 O 0 0 O 0 0 0 0 O OO 0 0 9CO 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O) 0) C) O) Ca CI CI 7 0- 0(O (f) (V (V (V (V 0> M V. CO m 00 V' l') m00 (0r NO- ('(('4(0CO 0ovc07vu)41?(o07Wcc! v 0 0 0 0 0 0 0 0 0 0 C) O O 000.- ('0 CON) N N 10)00 0000.0r(V at to V CVO 0 0 0 0 0 O 0 0 0 O 0 0 0) 0 0 (0) 0 O) O 0) 0 0 CO 0 mvv01at01 (»vv(nv 0 0 0 0 0 0 0 0 0 0 0 0 N N O M N v co (V 0 co 0 (v D) E co 0, L E ro E �, N T. 8 c2 R•Q c ), 7:10 Z0 -i U.'"2 -O)' -i Q 078 0 0 h co w N 2 a c :Q 0g _rn 5 c o t e . c a R U b O e , m im (( a 1 `. a5 m o •-0 ",;.1 w'^ ii .5 �,e O N oa o O g„.,-1; ti 3 C a (y a r4 ''g N N On -Hill -1i fill 1i 0 0 0 0 0 0 0 0 0 0 CC (K U U U U U U U U U N N N tiN h 1 a a 2 a s 2 2 c 6YllWSSW WWW Ill dIU (v M at (0 (c r(0 m 0 V General Location Map (S24 T7S R96W) SCALE 1" = 2000' DATE: SHEET: Febuory 2007 1 OF 1 DRAWN BY: TJK CHKD BY: APPD BY: DRAWING: see footer Pioneer Glen Subdivision ZANCANELLA AND ASSOC/A?ES, /NC. ENG/NEER/NG CONSULTANTS POST OFFICE 8OX 1908 - 1011 GRAND AVENUE GLENW000 SPRINGS, COLORADO 81602 (970) 945-5700 FIGURE NO. 1 PROJECT: 21824.2 • • • roperty Boun General OPGS Well 5 GS Well 4 0 PGS Well 30 PGS Well 2 O o PGS Well 1 PGS Well 1 — Permit No. 271349 PGS Well 2 — Permit No. 271350 PGS Well 3 — Permit No. 271355 PGS Well 4 — Permit No. 271352 PGS Well 5 — Permit No. 271353 PGS Well 6 — Permit No. 271354 Road 300 General Well Location Map SCALE: 1" = 2000' DATE: Febuary 2007 SHEET: 1 OF 1 DRAWN BY: TJK CHKD BY: APPD BY: DRAWING: see footer Pioneer Glen Subdivision ZANCANELLA AND ASSOC/AYES, INC ENG/NEER/NG' CONSULTANTS' POST OFFICE 805 1908 - 1011 GRANO AVENUE GLENMDOD SPRINGS. COLORADO 81802 (270) 945-5700 FIGURE NO. 2 PROJECT: 21824.2 • • 1 • Form No. GWS -25 APPLICANT OFFICE OF THE STATE ENGINEER COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 886-3581 SPECIALITY RESTAURANTS 8191 E KAISER BLVD ANAHEIM, CA 92808 - LIC WELL PERMIT NUMBER 66580 -F DIV. 5 WD 45 DES. BASIN MD Lot: 6 Block: Filing: Subdiv: PIONEER GLEN APPROVED WELL LOCATION GARFIELD COUNTY SE 1/4 NW 1/4 Section 24 Township 7 S Range 96 W Sixth P.M. DISTANCES FROM SECTION LINES 2220 Ft. from North Section Line 3260 Ft. from East Section Line UTM COORDINATES (Meters,Zone:13,NAD83) Easting: Northing: (714) 279-6100 1,uApar. ci vDAMcInru OF t,1SE OF AN I YtSTINE; WELT ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit does not ensure that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Weil Construction and Pump Installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37-90-137(2) for the construction of a well appropriating ground water tributary to the Colorado River, on the condition that the well, known as the PGS Well 6, shall be operated only when the West Divide Water Conservancy District's substitute water supply plan, approved by the State Engineer, is in effect, and when a water allotment contract between the well owner and the West Divide Water Conservancy District for the release of replacement water from Ruedi Reservoir is in effect. WDWCD contract #070215PG(a). 4) The use of ground water from this well is limited to ordinary household use of one single family dwelling, irrigation of 833.3 square feet for lawn and garden and fire protection. 5) The pumping rate of this welt shall not exceed 15 GPM. 6) The average annual amount of ground water to be appropriated shall not exceed 1.14 acre-feet, 7) The owner shall mark the well in a conspicuous place with well permit number(s), name of the aquifer, and court case number(s) as appropriate. The owner shall take necessary means and precautions to preserve these markings. 18) A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records of all diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request, 9) This well shall be constructed at least 800 feet from any existing well, completed in the same aquifer, that is not owned by the applicant. 10) This well shall be constructed not more than 200 feet from the location specified on this permit. 11) The issuance of this permit hereby cancels permit no. 271354. NOTE: Unless a completed Pump Installation and Test Report (GWS -32) is received by the Division of Water Resources before the expiration date shown below, this permit will expire on the expiration date. An extension of the expiration date may be available. Contact DWR for additional information or refer to the extension request form (GWS -64) available at: http://www.water.state.co.us/pubs/forms/gws-64.pdf7.y'y ,//22/z....7 APPROVED MJV For State Engineer _Receipt No. 3620565F DATE ISSUED 11-27-2007 By EXPIRATION ATE 11-27-2008 , Form No. OFFICE OF THE STATE ENGINEER GWS -25 COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 866-3581 APPLICANT SPECIALITY RESTAURANTS 8191 E KAISER BLVD ANAHEIM, CA 92808 - LIC WELL PERMIT NUMBER 66580 -F DIV. 5 WD45 DES. BASIN MD Lot: 6 Block: Filing: Subdiv: PIONEER GLEN (714) 279-6100 CHANGEIEXPANSION OF USE OF AN EXISTING WELL APPROVED WELL LOCATION GARFIELD COUNTY SE 1/4 NW 1/4 Section 24 Township 7 S Range 96 W Sixth P.M. DISTANCES FROM SECTION LINES 2220 Ft. from North Section Line 3260 Ft. from East Section Line UTM COORDINATES (Meters.Zone:13,NAD83) Easting: Northing: ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL ,.1) This well shall be used in: such a way as to cause no material injury to existing water rights. The issuance of this permit does not ensure that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief In a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. 3). Approved pursuant to CRS 37-90-137(2) for the construction of a well appropriating ground water tributary to the Colorado River, on the condition that the well, known as the PGS Well 6, shall be operated only when the West Divide Water Conservancy District's substitute water supply plan, approved by the Slate Engineer, is in effect, and when a water allotment contract between the well owner and the West Divide Water Conservancy District for the release of replacement water from Rued! Reservoir Is in effect. WDWCD contract #070215PG(a). 4) The use of ground water from this well Is limited to ordinary household use of one single family dwelling, irrigation of 833.3 square feet for lawn and garden and fire protection. 5) The pumping rate of this 'Well shall not exceed 15 GPM. 6) The average annual amount of ground water to be appropriated shall not exceed 1.14 acre-feet. 7) The owner shall mark the well in a conspicuous place with well permit number(s), name of the aquifer, and court case number(s) as appropriate. The owner shall take necessary means and precautions to preserve these markings. fill), A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records of all diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request. 9) This well shall be constructed at least 600 feet from any existing well, completed In the same aquifer, that is not owned by the applicant. 10) This well shall be constructed not more than 200 feet from the location specified on this permit. 11) The issuance of this permit hereby cancels permit no. 271354. NOTE: Unless a completed Pump Installation and Test Report (GWS -32) is received by the Division of Water Resources before the expiration date shown below, this permit will expire on the expiration date. An extension of the expiration date may be available. Contact DWR for additional information or refer to the extension request form (GWS -64) available at: http://www.water.state.co.us/pubs/forms/gws-64.pdf7/y 4/2,/x,..7 I I APPROVED .;4/ MJV For State Engineer ,Receipt No. 3620565F DATE ISSUED 11-27-2007 By EXPIRATION ATE 11-27-2008 ,� • • Form No. GWS -25 APPLICANT OFFICE OF THE STATE ENGINEER COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 866-3581 SPECIALITY RESTAURANTS 8191 E KAISER BLVD ANAHEIM, CA 92808 - LIC WELL. PERMIT NUMBER 66576 -F DIV.. 5 WD45 DES. BASIN MD Lot: 2 Block: Filing: Subdiv: PIONEER GLEN (714) 279-6100 CHANGE/EXPANSION OF USE OF AN EXISTING WELL APPROVED WELL LOCATION GARFIELD COUNTY SE 1/4 NW 1/4 Section 24 Township 7 S Range 96 W Sixth P.M. DISTANCES FROM SECTION LINES 1965 Ft. from North 2895 Ft. from East Section Line Section Line UTM COORDINATES (Meters,Zone:13,NAD83) Easting: Northing: ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 1)' This well shall be used in.Such a way as to cause no material injury to existing water rights. The issuance of this permit does not ensure that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18, 3) Approved pursuant to CRS 37-90-137(2) for the construction of a well appropriating ground water tributary to the Colorado River, on the condition that the well, known as the PGS Well 2, shall be operated only when the West Divide Water Conservancy District's substitute water supply plan, approved by the State Engineer, is in effect, and when a water allotment contract between the well owner and the West Divide Water Conservancy District for the release of replacement water from Ruedi Reservoir Is in effect. WDWCD contract #070215PG(a). 4) The use of ground water from this well is limited to ordinary household use of one single family dwelling, irrigation of 833.3 square feet for lawn and garden and fire protection. 5) The pumping rate of this well shall not exceed 15 GPM. 6) The average annual amount of ground water to be appropriated shall not exceed 1.14 acre-feet, 7) The owner shall mark the well in a conspicuous place with well permit number(s), name of the aquifer, and court case number(s) as appropriate. The owner shall take necessary means and precautions to preserve these. markings. .8) A totalizing flow meter must be Installed on this well and maintained in good working order. Permanent records of all - diversions must be maintained by the well owner (recorded at feast annually) and submitted to the Division Engineer upon request. 9) This well shalt be constructed at least 600 feet from any existing well, completed in the same aquifer, that is not owned by the applicant. • 10) This well shall be constructed not more than 200 feet from the location specified on this permit. 11) The issuance of this permit hereby cancels permit no. 271350. NOTE: Unless a completed Pump Installation and Test Report (GWS -32) is received by the Division of Water Resources before the expiration date shown below, this permit will expire on the expiration date. An extension of the expiration date may be available. Contact DWR for additional information or refer to the extension request form (GWS -64) available at: http://www.water.state.co.us/pubs/forms/gws-64.pcIF /i/20 07 APPROVED MJV For State .Receipt No. 36205658 gineer / By DATE ISSUED 11-27-2007 EXPIRATIO / //I%tel DATE 11-27-2008 Form No. ';GWS -25 l;. APPLICANT OFFICE OF THE STATE ENGINEER COLORADO DIVISION OF WATER .RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 866-3581 SPECIALITY RESTAURANTS 8191 E KAISER BLVD ANAHEIM, CA 92808 - LIC WELL PERMIT NUMBER 66576 - F DIV. 5 WD45 DES. BASIN MD Lot: 2 Block: Filing: Subdiv: PIONEER GLEN (714) 279-6100 CHANGEiEXPANSION OF USE OF AN EXISTING WELL APPROVED WELL LOCATION GARFIELD COUNTY SE 114 NW 1/4 Section 24 Township 7 S Range 96 W Sixth P.M. DISTANCES FROM SECTION LiNES 1965 Ft. from North Section Line 2895 Ft. from East Section Line UTM COORDINATES (Meters,Zone:13.NAD83) Easting: Northing: ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL This well shall be used In such a way as to cause'no material injury to existing water rights. The issuance of this permit does not ensure that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37-90-137(2) for the construction of a well appropriating ground water tributary to the Colorado River, on the condition that the well, known as the PGS Well 2, shall be operated only when the West Divide Water Conservancy District's substitute water supply plan, approved by the State Engineer, is in effect, and when a water allotment contract between the well owner and .the West Divide Water Conservancy District for the release of replacement water from Ruedi Reservoir is in effect. WDWCD contract #070215PG(a). 4) The use of ground water from this well is limited to ordinary household use of one single family dwelling, irrigation of 833.3 square feet for lawn and garden and tire protection. 5) The pumping rate of this well shall not exceed 15 GPM. '6) The average annual amount of ground water to be appropriated shall not exceed 1.14 acre-feet. 7) The owner shall mark the well in a conspicuous place with well permit number(s), name of the aquifer, and court case number(s) as appropriate. The owner shall take necessary means and precautions to preserve these.markings. S) A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records of all diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request. 9) This well shall be constructed at least 600 feet from any existing well, completed in the same aquifer, that is not owned by the applicant. 10) This well shall be constructed not more than 200 feet from the location specified on this permit. 11) The issuance of this permit hereby cancels permit no. 271350. NOTE: Unless a completed Pump Installation and Test Report (GWS -32) is received by the Division of Water Resources before the expiration date shown below, this permit will expire on the expiration date. An extension of the expiration date may be available. Contact DWR for additional information o refer to the extension request form (GWS -64) available at: http://www.water.state.co.us/pubs/forms/gws-64.pdf i1 ' 107/L,07 APPROVED MJV For State ngineer \Receipt No. 3620565E DATE ISSUED 11-27-2007 By XPIRATIO ' DATE 11-27-2008 • Form No. OFFICE OF THE STATE ENGINEER GWS -25 COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 866-3581 APPLICANT SPECIALITY RESTAURANTS 8191 E KAISER BLVD ANAHEIM, CA 92808 - LIC WELL PERMIT NUMBER 66577 - F DIV. 5 WD 45 DES. BASIN MD Lot 3 Block: Filing: Subdiv: PIONEER GLEN APPROVED WELL LOCATION GARFIELD COUNTY SE 114 NW 1/4 Section 24 Township 7 S Range 96 W Sixth P.M. DISTANCES FROM SECTION LINES 2125 Ft. from North Section Line 3075 Ft_ from East Section Line UTM COORDINATES (Meters,Zone:13,NAD83) Easting: Northing: (714) 279-6100 CHANGE/EXPANSION OF USE OF eN I YISTINr; WFI I ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 1) This well shall be used in. such a way as to cause no material injury to existing water rights. The issuance of this permit does not ensure that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18, .3) Approved pursuant to CRS 37-90-137(2) for the construction of a well appropriating ground water tributary to the Colorado River, on the condition that the well, known as the PGS Well 3, shall be operated only when the West Divide Water Conservancy District's substitute water supply plan, approved by the State Engineer, is in effect, and when a water allotment contract between the well owner and the West Divide Water Conservancy District for the release of replacement water from Ruedl Reservoir is in effect. WDWCD contract #070215PG(a). 4) The use of ground water from this well is limited to ordinary household use of one single family dwelling, irrigation of 833.3 square feet for lawn and garden and fire protection. 5) The pumping rate of this well shall not exceed 15 GPM. 6) The average annual amount of ground water to be appropriated shall not exceed 1.14 acre-feet. 7) The owner shall mark the well in a conspicuous place with well permit number(s), name of the aquifer, and court case number(s) as appropriate. The owner shall take necessary means and precautions to preserve these markings. 8) A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records of all diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request. 9) This well shall be constructed at least 600 feet from any existing well, completed in the same aquifer, that Is not owned by the applicant. 10) This well shall be constructed not more than 200 feet from the location specified on this permit. 11) The issuance of this permit hereby cancels permit no. 271355. NOTE: Unless a completed Pump Installation and Test Report (GWS -32) is received by the Division of Water Resources before the expiration date shown below, this permit will expire on the expiration date. An extension of the expiration date may be available. Contact DWR for additional informatio or refer to the extension request form (GWS -64) available at: htip://www.water.slate.co.us/pubs/forms/gws-64.pdfiV 00-.7 APPROVED MJV For State Engineer ,Receipt No. 3620565C DATE ISSUED .11-27-2007 By EXPIRATIO ATE 11-27-2008 Form No. GWS -25 APPLICANT OFFICE OF THE STATE ENGINEER COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 866-3581 SPECIALITY RESTAURANTS 8191 E KAISER BLVD ANAHEIM, CA 92808 - LIC WELL PERMIT NUMBER 66577 -F DIV. 5 WD45 DES. BASIN MD Lot: 3 Block: Filing: Subdiv: PIONEER GLEN APPROVED WELL LOCATION GARFIELD COUNTY SE 1/4 NW 1/4 Section 24 Township 7 S Range 96 W Sixth P.M. DISTANCES FROM SECTION LINES (714) 279-6100 CHANGEIEXPANSION OF USE OF AN EXISTING WELL 2125 Ft. from North 3075 Ft. from East Section Line Section Line UTM COORDINATES (Meters,Zone:13.NAD83) Easting: Northing: ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL .1} This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit does not ensure that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump installation Contractors in accordance with Rule 18. :3). Approved pursuant to CRS 37-90-137(2) for the construction of a well appropriating ground water tributary to the Colorado River, on the condition that the well, known as the PGS Well 3, shall be operated only when the West Divide Water Conservancy District's substitute water supply plan, approved by the State Engineer, is in effect, and when a water allotment contract between the well owner and the West Divide Water Conservancy District for the release of replacement water from Ruedi Reservoir is in effect. WDWCD contract #070215PG(a). 4) The use of ground water from this well is limited to ordinary household use of one single family dwelling, irrigation of 833.3 square feet for lawn and garden and fire protection. 5) The pumping rate of this well shall not exceed 15 GPM. 6) The average annual amount of ground water to be appropriated shall not exceed 1.14 acre-feet. 7) The owner shall mark the well in a conspicuous place with well permit number(s), name of the aquifer, and court case number(s) as appropriate. The owner shall take necessary means and precautions to preserve these markings. 8) A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records of all diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request. 9) This well shall be constructed at least 600 feet from any ex€sting well, completed in the same aquifer, that is not owned by the applicant. '10) This well shall be constructed not more than 200 feet from the location specified on this permit. 11) The issuance of this permit hereby cancels permit no. 271355. NOTE: Unless a completed Pump installation and Test Report (GWS -32) is received by the Division of Water Resources before the expiration date shown below, this permit will expire on the expiration date. An extension of the expiration date may be available. Contact DWR for additional informatlo or refer to the extension request form (GWS -64) available at: http://www.water.state.co.us/pubs/forms/gws-64.pdf'? y � 04,7 APPROVED MJV • For State Engineer ,Receipt No. 3620565C DATE ISSUED .11-27-2007 By EXPIRATIO MATE 11-27-2008 • Form No. GWS -25 APPLICANT OFFICE OF THE STATE ENGINEER COLORADO DIVISION OIF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 868-3581 SPECIALITY RESTAURANTS 8191 E KAISER BLVD ANAHEIM, CA 92808 - LIC WELL PERMIT NUMBER 66578 -F DIV. 5 WD45 DES. BASIN MD Lot: 4 Block: Filing: Subdiv: PIONEER GLEN APPROVED WELL LOCATION GARFIELD COUNTY SE 1/4 NW 1/4 Section 24 Township 7 S Range 96 W Sixth P.M. DISTANCES FROM SECTION LINES 2030 Ft. from North Section Line 3255 Ft. from East Section Line UTM COORDINATES (Meters,Zone:13,NAD83) Easting: Northing: (714) 279-6100 CHANGE/EXPANSION OF USE OF AN EXISTING WELL ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL i) . This well shalt be used in such a way as to cause•no material injury to existing water rights. The issuance of this permit does not ensure that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37-90-137(2) for the construction of a well appropriating ground water tributary to the Colorado River, on the condition that the well, known as the PGS Well 4, shall be operated only when the West Divide Water Conservancy District's substitute water supply plan, approved by the State Engineer, is in effect, and when a water allotment contract between the well owner and the West Divide Water Conservancy District for the release of replacement water from Ruedi Reservoir is in effect. WDWCD contract #070215PG(a). 4) The use of ground water from this well is limited to ordinary household use of one single family dwelling, irrigation of 8333 square feet for lawn and garden and fire protection. 5) The pumping rate of this well shall not exceed 15 GPM. 6) The average annual amount of ground water to be appropriated shall not exceed 1.14 acre-feet. 7) The owner shall mark the well in a conspicuous place with well permit number(s), name of the aquifer, and court case number(s) as appropriate. The owner shall take necessary means and precautions to preserve these markings. 8) A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records of all diversions must be maintained by the well owner (recorded at !east annually) and submitted to the Division Engineer upon request. 9) This well shall be constructed at least 600 feet frdm any existing well, completed in the same aquifer, that is not owned by the applicant. 10) This well shall be constructed not more than 200 feet from the location specified on this permit. 11) The issuance of this permit hereby cancels permit no. 271352. NOTE: Unless a completed Pump Installation and Test Report (GWS -32) is received by the Division of Water Resources before the expiration date shown below, this permit will expire on the expiration date. An extension of the expiration date may be available. Contact DWR for additional information or refer to the extension request form (GWS -64) available at: http://www.water.state.co.us/pubs/forms/gws-64.pdf.. ' 0/27/c•�7 APPROVED MJV For State E gineer Recei•t No. 3620565D DATE ISSUED " 11-27-2007 /514: By EXPIRATII DATE 11-27-2008 Form No. GWS -25 APPLICANT OFFICE OF THE STATE ENGINEER COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St,, Denver, Colorado 80203 (303) 866-3581 SPECIALITY RESTAURANTS 8191 E KAISER BLVD ANAHEIM, CA 92808 - LIC WELL PERMIT NUMBER 66578 - F DIV. 5 WD 45 DES. BASIN MD Lot: 4 Block: Filing: Subdiv: PIONEER GLEN APPROVED WELL LOCATION GARFIELD COUNTY SE 1/4 NW 1/4 Section 24 Township 7 S Range 96 W Sixth P.M. DISTANCES FROM SECTION LINES 2030 Ft. from North Section Line 3255 Ft. from East Section Line UTM COORDINATES (Meters,Zone:13,NAD83), Easting: Northing: • (714) 279-6100 CHANGE/EXPANSION OF USE OF AN EXISTING WELL ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL This well shall be used insuch a way as to cause'pd material injury to existing water rights. The issuance of this permit does not ensure that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval - of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump installation Contractors in accordance with Rule 18. '.3) Approved pursuant to CRS 37-90-137(2) for the construction of a well appropriating ground water tributary to the Colorado River, on the condition that the well, known as the PGS Well 4, shall be operated only when the West Divide Water Conservancy District's substitute water supply plan, approved by the State Engineer, is in effect, and when a water allotment contract between the well owner and the West Divide Water Conservancy District for the release of replacement water from Ruedi Reservoir is In effect. WDWCD contract #070215PG(a). 4) The use of ground water from this well Is limited to ordinary household use of one single family dwelling, irrigation of 833.3 square feet for lawn and garden and fire protection. 5) The pumping rate of this well shall not exceed 15 GPM. 6) The average annual amount of ground water to be appropriated shall not exceed 1.14 acre-feet. 7) The owner shall mark the well in a conspicuous place with well permit number(s), name of the aquifer, and court case number(s) as appropriate. The owner shall take necessary means and precautions to preserve these markings. .8) A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records of all diversions must be maintained by the well'owner (recorded at least annually) and submitted to the Division Engineer upon request. .9) This well shall be constructed at least 600 feet from any existing well, completed in the same aquifer, that is not owned by the applicant. 10) This well shall be constructed not more than 200 feet from the location specified on this permit. 11) The issuance of this permit hereby cancels permit no. 271352. NOTE: Unless a completed Pump Installation and Test Report (GWS -32) is received by the Division of Water Resources before the expiration date shown below, this permit will expire on the expiration date. An extension of the expiration date may be available. Contact DWR for additional information or refer to the extension request form (GWS -64) available at: - http://www.waterstate.co.us/pubs/forms/gws-64.pdf. APPROVED MJV For State ETtglneer Receipt No. 3620565D DATE ISSUED ' 11-27-2007 • DATE 11-27-2008 , • • Form No. OFFICE OF THE STATE ENGINEER GWS -25 COLORADO DIVISION OF WATER RESOURCES 4111 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 866-3581 • APPLICANT SPECIALITY RESTAURANTS 8191 E KAISER BLVD ANAHEIM, CA 92808 - LIC WELL PERMIT NUMBER 66579 -F DiV, 5 WD 45 DES. BASIN MD Lot: 5 Block: Filing: Subdiv: PIONEER GLEN APPROVED WELL LOCATION GARFIELD COUNTY SE 1/4 NW 1/4 Section 24 Township 7 S Range 96 W Sixth P.M. DISTANCES FROM SECTION LINES " (714) 279-6100 CHANGEIEXPAntctnN OF IISF (F AN EXISTINtri WELL 1935 Ft. from North 3435 Ft. from East Section Line Section Line UTM COORDINATES (Meters,Zone:13,NAD83) Easting: Northing: ISSUANCE OF THiS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 1)" This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit does not ensure that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shalt be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump installation Contractors in accordance with Rule 18. :3) Approved pursuant to CRS 37-90-137(2) for the construction of a well appropriating ground water tributary to the Colorado River, on the condition that the well, known as the PGS WeIl.5, shall be operated only when the West Divide Water Conservancy District's substitute water supply plan, approved by the State Engineer, is in effect, and when a water allotment contract between the well owner and the West Divide Water Conservancy District for the release of replacement water from Ruedi Reservoir is in effect. WDWCD contract #070215PG(a). 4) The use of ground water from this well is limited to ordinary household use of one single family dwelling, irrigation of 833.3 square feet for lawn and garden and fire protection. 5) The pumping rate of this well shall not exceed 15 GPM. 6) The average annual amount of ground water to be appropriated shall not exceed 1.14 acre-feet. 7) The owner shall mark the well in a conspicuous place with well permit number(s), name of the aquifer, and court case number(s) as appropriate. The owner shall take necessary means and precautions to preserve these markings. 8) A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records of all diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request. 9) This well shall be constructed at least 600 feet from any existing well, completed in the same aquifer, that is not owned by the applicant. 10) This well shall be constructed not more than 200 feet from the location specified on this permit. 11) The issuance of this permit hereby cancels permit no. 271353. NOTE: Unless a completed Pump Installation and Test Report (GWS -32) is received by the Division of Water Resources before the expiration date shown below, this permit will expire on the expiration date. An extension of the expiration date may be available. Contact DWR for additional information or refer to the extension request form (GWS -64) available at: http://www.water.state.co.us/pu bs/forms/gws-64.pd1'�/%///2 7/z„N,7 APPROVED MJV For State En eer DATE ISSUED ,Receipt No. 3620565E 11-27-2007 By EXPIRATI DATE 11-27-2008 Form No. OFFICE OF THE STATE ENGINEER GWS -25 COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 866-3581 APPLICANT SPECIALITY RESTAURANTS 8191 E KAISER BLVD ANAHEIM, CA 92808 - LIC WELL PERMIT NUMBER 66579 -F DIV. 5 WD45 DES. BASIN MD Lot: 5 Block: Filing: Subdiv: PIONEER GLEN APPROVED WELL LOCATION GARFIELD COUNTY SE 1/4 NW 1/4 Section 24 Township 7 S Range 96 W Sixth P.M. DISTANCES FROM SECTION LINES 1935 Ft. from North Section Line 3435 Ft. from East Section Line UTM COORDINATES (Meters,Zone:13,NAD83) Easting: Northing: (714) 279-6100 CHANGE!EXPANSION OF USE OF AN EXISTING WELL 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 thls permit does not ensure that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. 3). Approved pursuant to CRS 37-90-137(2) for the,construction of a well appropriating ground water tributary to the Colorado River, on the condition that the well, known as the PGS Well 5, shall be operated only when the West Divide Water Conservancy District's substitute water supply plan, approved by the State Engineer, is in effect, and when a water allotment contract between the well owner and the West Divide Water Conservancy District for the release of replacement water from Ruedl Reservoir is in effect. WDWCD contract #070215PG(a). 4) The use of ground water from this well is limited to ordinary household use of one single family dwelling, irrigation of 833.3 square feet for lawn and garden and fire protection. •5) The pumping rate of this well shall not exceed 15 GPM. 6) The average annual amount of ground water to be appropriated shall not exceed 1.14 acre-feet. 7) The owner shall mark the well in a conspicuous place with well permit number(s), name of the aquifer, and court case number(s) as appropriate. The owner shall take necessary means and precautions to preserve these markings. .8) A totalizing flow meter must be Installed on this well and maintained In good working order. Permanent records of all diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request. 9) This well shall be constructed at least 600 feet from any existing well, completed in the same aquifer, that is not owned by the applicant. 10) This well shall be constructed not more than 200 feet from the location specified on this permit. 11) The issuance of this permit hereby cancels permit no. 271353. NOTE: Unless a completed Pump Installation and Test Report (GWS -32) is received by the Division of Water Resources before the expiration date shown below, this permit will expire on the expiration date. An extension of the expiration date may be available. Contact DWR for additional information or refer to the extension request form (GWS -64) available at: htip://www.water.state.co.us/pubs/forms/gws-64.pd/ APPROVED MJV ,Receipt No. 3620565E For State En. neer DATE ISSUED 11-27-2007 By EXPIRATI DATE 11-27-2008 • • Form No. GWS -25 APPLICANT OFFICE OF THE STATE ENGINEER COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 866-3581 SPECIALITY RESTAURANTS 8191 E KAISER BLVD ANAHEIM, CA 92808 - LIC WELL PERMIT NUMBER 66575 - F DIV; 5 WD45 DES. BASIN MD Lot: 3 Block: Filing: Subdiv: PIONEER GLEN APPROVED WELL LOCATION GARFIELD COUNTY SE 1/4 NW 1/4 Section 24 Township 7 S Range 96 W Sixth P.M. DISTANCES FROM SECTION LINES 2030 Ft. from North 3010 Ft. from East Section Line Section Line (714) 279-6100 CHANGE/EXPANSION OF USE OF AN EXISTING WELL UTM COORDINATES (Meters,Zone:13,NAD83) Easting: Northing: ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL _1) This well shall be used In Such a way as to cause no material injury to existing water rights. The issuance of this permit does not ensure that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be In compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump installation Contractors in accordance with Rule 18. :3) . Approved pursuant to CRS 37-90-137(2) for the construction of a well appropriating ground water tributary to the Colorado River, on the condition that the well, known as the PGS Well 1, shall be operated only when the West Divide Water Conservancy District's substitute water supply plan, approved by the State Engineer, is in effect, and when a water allotment contract between the well owner and the West Divide Water Conservancy District for the release of replacement water from Ruedi Reservoir is in effect. WDWCD contract #070215PG(a). 4) The use of ground water from this well is limited to ordinary household use of one single family dwelling, irrigation of 833.3 square feet for lawn and garden and fire protection. 5) The pumping rate of this Well shall not exceed 15 GPM. 6) The average annual amount of ground water to be appropriated shall not exceed 1.14 acre-feet. 7) The owner shall mark the well in a conspicuous place with well permit number(s), name of the aquifer, and court case number(s) as appropriate. The owner shall take necessary means and precautions to preserve these markings. ,8) A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records of all diversions must be mainfeined by the well owner (recorded at least annually) and submitted to the Division Engineer upon request. 9) This well shall be constructed at least 600 feet from any existing well, completed in the same aquifer, that is not owned by the applicant. 10) This well shall be constructed not more than 200 feet from the location specified on this permit. 11) The issuance of this permit hereby cancels permit no. 271349. NOTE: Unless a completed Pump Installation and Test Report (GWS -32) is received by the Division of Water Resources before the expiration date shown below, this permit: will expire on the expiration date. An extension of the expiration date may be available. Contact DWR for additional information 9r refer to the extension request form (GWS -64) available at: http://www.water.stafe.ce.us/pubs/forms/gws-64.pdfi4 r/n/i 0007 APPROVED MJV For State Engineer `Receipt No. 3620565A DATE ISSUED 11-27-2007 By EXPIRATIO ATE 11-27-2008 Form No. GWS -25 APPLICANT OFFICE OF THE STATE ENGINEER COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 866-3581 SPECIALITY RESTAURANTS 8191 E KAISER BLVD ANAHEIM, CA 92808 - LIC WELL PERMIT NUMBER 66576 -F DIV: 5 WD 45 DES. BASIN MD Lot: 3 Block: Filing: Subdiv: PIONEER GLEN (714) 279-6100 ,CHANGE/EXPANSION OF USE OF AN EXISTING WELL APPROVED WELL LOCATION GARFIELD COUNTY SE 1/4 NW 1/4 Section 24 Township 7 S Range 96 W Sixth P.M. DISTANCES FROM SECTION LINES 2030 Ft, from North Section Line 3010 Ft. from East • Section Line UTM COORDINATES (Meters.Zone:13,NAD83) Easting: Northing: ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 1_) " This well shall be used Id Ouch a way as to cause no material injury to existing water rights. The issuance of this permit does not ensure that no Injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval - of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. 3 Approved pursuant to CRS 37-90-137(2) for the construction of a well appropriating ground water tributary to the Colorado River, on the condition that the well, known as the PGS Well 1, shall be operated only when the West Divide Water . Conservancy District's substitute water supply plan, approved by the State Engineer, is in effect, and when a water allotment contract between the well owner and the West Divide Water Conservancy District for the release of replacement water from Ruedl Reservoir is in effect. WDWCD contract #070215PG(a). 4) The use of ground water from this well Is limited to ordinary household use of one single family dwelling, irrigation of 833.3 square feet for fawn and garden and fire protection. 5) The pumping rate of this Well shall not exceed 15 GPM. 6) The average annual amount of ground water to be appropriated shall not exceed 1.14 acre-feet. 7) The owner shall mark the well in a conspicuous place with well permit number(s), name of the aquifer, and court case number(s) as appropriate. The owner shall take necessary means and precautions to preserve these markings. „8) A totalizing flow meter must be installed on this well and maintained In good working order. Permanent records of all diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon - -. request. 9) This well shall be constructed at least 800 feet from any existing well, completed in the same aquifer, that is not owned by the applicant. 10) This well shall be constructed not more than 200 feet from the location specified on this permit. 11) The issuance of this permit hereby cancels permit no. 271349. ' NOTE: Unless a completed Pump Installation and Test Report (GWS -32) is received by the Division of Water Resources before the expiration date shown below, this permit will expire on the expiration date. An extension of the expiration date may be available. Contact DWR for additional Information ar refer to the extension request form (GWS -64) available at: http://www.water.state.co.us/pubs/forms/gws-64.pd l/i,/s 04o 7 APPROVED MJV For State Engineer ,Receipt No. 3620565A • DATE ISSUED 11-27-2007 By EXPIRATIO • • • Form No. GWS -2 6/2006 STATE OF COLORADO DIVISION OF WATER RESOURCES OFFICE OF THE STATE ENGINEER 821 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 866-3581 Fax (303) 866-3589 WELL PERMIT INFORMATION, PERMITS APPROVED PURSUANT TO CRS 37-90-137(2) Carefully read the conditions of approval on your well permlt. The conditions and the information on this information sheet must be complied with in order for the permit to remain valid. THE ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT The well permit number is located in the upper right corner of the permit, and the expiration date is Located in the lower right corner. THE WELL PERMIT EXPIRATION DATE IS ONE YEAR FROM THE DATE ISSUED. Evidence of well construction and pump installation must be received on appropriate forms PRiOR TO THE EXPIRATION DATE OF THE PERMIT. The required forms are the Well Construction and Test Report (Form No. GWS -31), and the Pump installation and Test Report (Form No. GWS -32). There are penalties if evidence of well construction and pump installation is not received prior to the expiration date. The licensed contractor or well owner (under the private driller or pump installer statutes and rules) performing the work is responsible for completing the appropriate form(s) and submitting it to the Division of Water Resources. The expiration date of the permit may be extended one time only for a period not to exceed one year for good cause shown, at the discretion of the State Engineer. If an extension of time Is necessary to construct the well and/or install pumping equipment, the owner must fife a written request for the extension, along with a $60 filing fee. The request and fee must be received by the State Engineer prior to the expiration date. The request must state why the well has not been constructed and/or pumping equipment installed, and must include an estimate of time required to construct the well and/or install pumping equipment. Water well construction and pump installation contractors are licensed in Colorado to perform these specialized tasks. It is illegal for individuals who do not hold these licenses to construct wells and Install pumping equipment in or on wells. The well must be constructed and pumping equipment Installed by contractors with current license(s) issued by the State of Colorado unless exempted as described on the reverse side. Additional information regarding well construction, pump installation, required testing and well plugging and sealing regulations are found on the reverse side of this sheet. You have been provided with at least one copy of the well permit. Keep a copy for your records. At least one copy has been sent to the well driller if you indicated a driller license number on the application. You may make additional copies for the well driller if you select one different from the one indicated in your application. The original permit is on file in our Denver office Records Section. Copies may be obtained for a fee of 50 cents per page. Statutes require that any change of mailing address or ownership be reported to the State Engineer. Use Form No. GWS -11. There is no filing fee. If you have questions, contact the Denver Office, or the Division Office in the area where your well is located. NON-EXEMPT Division 1 810 9t St., Ste. 200 Greeley, CO 80631 (970) 352-8712 Fax (970) 392-1816 Division 2 310 E. Abriendo Ave Sto 8 Pueblo, CO 81004 (719) 542-3368 Fax (719) 544-0800 Division 5 Direct mall to Box 398 Glenwood Spgs CO 81602 50633 U.S. Hwy 6 & 24 Glenwood Spgs., CO 81601 (970) 945-5665 Fax (970) 945-8741 Call First Division 6 Direct mall to Box 773450 505 Anglers Dr, Suite 101 Steamboat Spgs, CO 80477 (970) 879-0272 Fax (970) 879-1070 Division 3 301 Murphy Drive Aiamosa, CO 81101 (719) 589-6683 Fax (719) 589-6685 Division 4 1871 East Main St. Montrose, CO 81401 (970) 249-6622 Fax (970) 249-8728 Division 7 701 Camino Del Rio Ste. 205 Durango, CO 81301 (970) 247-1845 Fax (970) 259-0944 Denver Office 1313 Sherman St. Rm. 818 Denver, CO 80203 (303) 866-3581 Fax (303) 866-3589 WELL CONSTRUCTION AND PUMP INSTALLATION BY THE WELL OWNER You may construct the well and/or install pumping equipment yourself if the.well is for your own use, is on property you own, and is constructed or pumping equipment is installed withequipment owned and operated by you. It is your responsibility to complete and submit the Well Construction and Test Report (Form No. GWS -31) and/or the Pump Installation and Test Report (Form No. GWS -32). These forms are available from our website at the following Zink: http://www.water.state.co.us/pubs/weilforms.aso, or from any Division of Water Resources office. The well must be constructed and the pumping equipment -installed in accordance with the well construction standards of the Board. The WATER WELL CONSTRUCTION RULES and BOARD OF EXAMINERS RULES can be obtained from our website at the following link: http://www.water.state.co.us/pubs/rule reg.asp, or purchased from any Division of Water Resources office for a small fee. These Rules cover the minimum requirements for well construction, pump installation, disinfection, plugging and sealing and contractor licensing regulations. If you are constructing your own well or installing pumping equipment, it is recommended that you obtain a copy of these Rules for reference. The well construction and pump installation reports including testing of well, yields and pumping systems must be submitted to the office of the State Engineer by the respective contractors within sixty (60) days of completion of the work or prior to the expiration date of the permit, whichever is earlier. Your contractor(s) must provide you with a copy of the work report(s) filed with the State Engineer. RULE 12 WELL TESTING 12.1 General - The provisions of this rule establish minimum standards for the testing of water wells. Every well constructed for the purpose of producing ground water shall be tested to determine: a. a stabilized yield for the well; and b. the production rate of the equipment installed when the well Is placed into service. 12.2 Well Yield Test - The yield of a well shall be determined as a stabilized production rate where the withdrawal rate and the drawdown do not change by more than 10 % during the last hour of the test.. The test shall demonstrate that either: a. the well Is capable of producing the permitted pumping rate for the well; or b. that the maximum yield of the well is less than the permitted production rate. 12.3 Responsibility for Well Yield Test Well construction contractors are responsible for performing the well yield test and submitting the test data to the State Engineer. If the construction contractor also installs the production equipment, the well yield test may be combined with.the production equipment test, provided that the test meets the requirements of Rule 12.2. The construction contractor may forgo the well yield test if he can show that a licensed pump installer will perform the well yield test with the permanent production equipment within thirty (30) days of completion of construction of the well. If the pump installation contractor performs the well yield test, he/she shall submit the test information on the Pump Installation and Test Report. 12.4 Production Equipment Test - The production equipment installed in wellsshall be tested to ensure It is functioning as designed. The test shall demonstrate the production capacity of the equipment as actually installed in the well. It is the responsibility of the person Installing the pumping system to ensure that the production from the well complies with the conditions of the permit. 12.5 Responsibility for Production Equipment Test - Pump installation contractors are responsible for testing the production equipment installed in a well upon completion of their work. If the well construction contractor determined the well yield and submitted, a report, the pump installer need not perform another well yield test. If the pump installer does not perform a well yield test with the permanent production equipment, he shall perform a production equipment test and report the data (results) to the State Engineer on the Pump Installation and Test Report. Wells to be plugged and sealed must be plugged in accordance with of the Water Well Construction Rules. A Well Abandonment Report, Form No. GWS -9 must be submitted to confirm plugging and sealing of the well. This form is available from our website at the following link: http://www.water.state.co.uslpubs/weliforms.asp, or from any Division of Water Resources office. The specific rules for plugging and sealing wells are found on the reverse side of the Well Abandonment Report form, or under Rule 16 of the Water Well Construction Rules. • • Send to: Division of Water Resources Fax: 303-866-3589 1313 Sherman Street, Room 818 Phone: 303-866-3581 Denver, Colorado 80203 * OWNER'S NOTICE OF CONSTRUCTED WELL * Construction of my well under Permit No, was completed on (month) (day) (year) The well was constructed by: . (drilling contractor) If the pumping equipment has been installed The pump was installed in my well by: (pump contractor) on (month) (day) (year) Signed: Date: Phone: The well must be constructed and pump installed by licensed water well construction and pump installation contractors, OR PLEASE BE ADVISED that, pursuant to section 37-91-106(3), C.R.S. (2006), any person who intends to construct his/her own well or to install pumping equipment in a well as a "private driller" or "private pump installer" shall be required to comply with minimum construction standards adopted by the Board of Examiners of Water Well Construction and Pump Installation Contractors. (See Construction Rules, 2 CCR 402-2.) Purpose of the "Owners Notice of Constructed Well" It is necessary that your well permit remains valid to allow you and future owners of the property to withdraw ground water from the well for use and to have the well worked on by licensed contractors. First and foremost in maintaining your well permit valid and in good standing is the submittal of the Well Construction and Test Report and the Pump Installation and Test Report (work reports) that licensed contractors (or you, if you constructed the well as a "private driller" or installed the pump as a "private pump installer") are required to submit to the Division of Water Resources. Without the submittal of a work report to show that the well was constructed in conformance with the Water Well Construction Rules and that it is in compliance with the conditions of approval of the well permit, the permit will expire on the expiration date indicated on the permit. Reinstatement of your permit after it has expired or obtaining a new permit for your well may require that you show that the well was constructed by a licensed water well construction contractor (or private driller) and that it meets the required standards of the Water Well Construction Rules. It is much easier and efficient to maintain the valid status of your original well permit than it is to try to have it reinstated after it has expired or to obtain a new permit for the existing structure. Because it is not always easy to confirm that the required reports have been submitted to DWR, this "Owner's Notice of Constructed Well" is provided for your use. Do not give the notice to your contractor to submit. The notice is to be completed by you and mailed or faxed to the Division of Water Resources so that the Division is advised that your well has been constructed. If the required work reports are not then filed within a reasonable period of time, the Board of Examiners can initiate its procedures for obtaining the reports and thereby assist you in keeping your well permit valid. • • • Zancanella & Associates, Inc. Memorandum To: Yvonne Bryant — Baker Hogan Houx From: Collin Robinson Date: February 12, 2008 Subject: Pioneer Glen Subdivision As per Mountain Cross Engineering's request, wells 2, 3, and 5 at Pioneer Glen Subdivision that originally tested positive for total coliform were retested on January 21, 2008. The results at that time were absent for total coliform. The laboratory test results are attached. Attachments Zancanella & Associates, Inc. 1011 Grand Avenue, Glenwood Springs, CO 81601 (970) 945-5700 2:121000121824 Tal ichet121824.2 8atllementMesal 2006+1bacleria test results memo.doe Colotado Department of PublikHcaith and Enviromnent Laboratory Services Division 8100 Lowry Boulevard, Denver CO 80230-6928 US Mail: PO Box 17123, Denver CO 80217 (303) 692-3090 fax (303) 344-9989 Lab ID No. MSA -2008000127 • SAMPLE SITE SAMPLE INFORMATION Pioneer Glen PG -2 well Collected Received Reported Collected By 1/21/2008 3:23:00M 1/22/2008 3:31:00PM 1/23/2008 DLR Matrix Raw Water CUSTOMER COMMENTS Zancanelia & Associates 1011 Grand Ave Glenwood Springs, CO 81601 Contact Name Contact Phone Purpose Special Chlorine residual 0.08 Payment Type Billed Purpose Test Name Result Method Name Escherichia coli PA Total coliforms PA E. coli not detected Coliform absent or less than one (<1), indicates a microbiologically safe sample SM 9223 LARS Interent Address: http://www.cdphe.state.co.us/ir/Irhom.htm Modification Date:1/23/2008 #203 J • Colorado Department of Pub icH'reatttl and Fnvirotcmcnt Laboratory Services Division 8100 Lowry Boulevard, Denver CO 80230-6928 US Mail: PO Box 17123, Denver CO 80217 (303) 692-3090 fax (303) 344-9989 Lab 10 No. MSA -2008000128 SAMPLE SITE SAMPLE INFORMATION Pioneer Glen PG -3 well Collected Received Reported Collected By 1/21/2008 3:18:OOPN 1/22/2008 3:31:OOPM 1/23/2008 DLR Matrix Raw Water CUSTOMER COMMENTS Zancanella & Associates 1011 Grand Ave Glenwood Springs, CO 81601 Contact Name Contact Phone Purpose Special Chlorine residual 0.08 Payment Type Billed Purpose Test Name Result Method Name Escherichia coli PA Total coliforms PA E. cull not detected Coliform absent or less than one (<1), indicates a microbiologically safe sample SM 9223 ARS Interent Address: h ://www.cd he.state.co.us/lr/lrhom.htm � p Modification Date:1/23/2008 #203 Laboratory Services Division 8100 Lowry Boulevard, Denver CO 80230-6928 US Mail: PO Box 17123, Denver CO 80217 Co�atioD mCnt (303) 692-3090 fax (303) 344-9989 of h 3114 Environment Lab ID No. MSA -2008000129 • SAMPLE SITE SAMPLE INFORMATION Pioneer Glen PG -5 well Collected Received Reported Collected By 1/21/2008 3:13:00P1 1/22/2008 3:31:OOPM 1/23/2008 DLR Matrix Raw Water CUSTOM ER COMM ENTS Zancanella & Associates 1011 Grand Ave Glenwood Springs, CO 81601 Contact Name Contact Phone Purpose Special Chlorine residual 0.08 Payment Type Billed Purpose Test Name Result Method Name Escherichia coli PA Total coliforms PA E. coli not detected Coliform absent or less than one (<I), indicates a microbiologically safe sample SM 9223 LARS Interent Address: http://www.cdphestate.co.us/lr/lrhom.htm Modification Date:1/23/2008 #203 • • BAKER"HOGAN"HOUX ARCHITECTURE & PLANNING / A.I.A. / P.C. FINAL PLAT APPLICATION Pioneer Glen Subdivision EXHIBIT 12 FINAL ENGINEERING PLANS • • • m m v tlV S310N IVNOLL100V F F 8 o , Nm�oomzxiofnnoo$n y Fmmryz'v$ zb$$o:inmsssm_ ax-x�om�ni$Pni �s�i§6vn$��ao-nnA'n^, 9aoom��om$��om�s o_ommmssm�D���:=mm�OzgyT$�$nb�$m`$aa�N�cF+ 2Ano$$mn2�mom'og>2"��mma-'zFnm� $zifpim�5fcOgz�$��>$8>mRcz 2�'�mzaAy$>smp 2nQmDm$o�g_z�'$9o9ymT;z8a^zm•di"m`�ve�a8>'' -s$mFt�i'n�N=�uoi�"r�mmynr$isn$�o.N�$'Aismmsmm£2$"�"�g�myLx2FS�A u?FmmNm`o:AKmi$c'ma�-'b'm�$liooP"oos=isomv$0e$Rr$ziN�x 9aom§Rs?oi�fyom$�o�!-qaai'o-A'ga^ $o$N 2m� $ 71!J! zi m$A$IN Ri844mb�8$n m'noo oi0�o s'36m,y 7$8n1i mm onz R"o$- es4i ' Hi -13! ri$y9 $NINA m0 12 $$o Ka$mo$=ng mm$ $Ny qi$~$z? i�' 2 o!n g. 04Rm;:81; mom� $h p§qem n$4iyo ov$$i'm4344Nmt 9.769. :ir1 2aPFSno 5nn$i$� 41 o9 D1 iO-:ggs ° obS9 o$'^ mq my�mi >4oo"N y 4 $ iOr :0 DRAINAGE SYSTEMS N-12 WATER REST d 01 iD xepui jeeq i3° z (TT Cb CD rns7 ■ �• O z n Garfield County, Colorado Pioneer Glen Subdivision Title Sheet Specialty Restaurants Corp. 8191 E. 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Kaiser Blvd. Anaheim, CA 92808 714.279.6100 Boundaries nlimited, Inc. Consulting & Civil Engineers 823 Blake Avenue, Ste. 102 Glenwood Springs CO 81601 tele: 970.945.5252 tax: 970.384.2833 DES.: DJW NO. DATE REVISION BY DR.: DJW CK.: SLS DATE: 2/26/08 • • • csi PIONEER DRIVE CENTERLINE PROFILE 5100.00° 8 PWS: 1+00.00 5100.0 5098.00 5096.7 5095.73 5094.5 5082.80 5068.6 5090.40 5089.1 5089.20 5089.1 5088.45 5088.2 5087.00 5086.3 5085.40 5084.7 5083.95 5083.6 5083.20 5083.1 5082.60 5082.5 5081.75 5081.6 5080.65 5080.5 5079.55 5078.7 5078.87 BVCS:1+60,00 BVCE:5O97.6O EVCS 2+20.00 EVCE:5O94.6O 13VCS:2+50.00 BVCE: 5092.80 EVC5:3+5O.0O 89CE:5O88.96 EVCS: 4+30.00 BVCE:5O84.76 ENCS: 6+45.00 BVCE:5082.66 EVC5:7+05.00 EVCE:5081.64 5077.7 o=z Es DS DIHdVND Cx] Garfield County, Colorado Pioneer Glen Subdivision Roadway and Utility Plan and Profile Pioneer Drive Specialty Restaurants Corp. 8191 E. Kaiser Blvd. Anaheim, CA 92808 714.279.6100 Boundaries Unlimited, Inc. 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Kaiser Blvd. Anaheim, CA 92808 714.279.6100 gourtdaries Unlimited, Inc. Consulting & Civil Engineers 823 Blake Avenue, Ste. 102 Glenwood Springs, CO 83601 tele: 970.945.5252 tee: 970.384.2833 DES.: DJW NO. DATE REVISION BY DR.: DJW CK.: SLS DATE: 2/27/08 • sleAe^vE GROUND 29 a ; I- 0 0 \ms *- x:i -2x r. ,5. a y o I \,^L 2 9_ 9 . Am m 2 8 PA A 2 8 L 0 z m z TI Ti c -i 03 0O z O SSO213 H3N3211. Ae Q_ 8�. Ya. Vis 8 x 3 -n 2m Utz � T o z Garfield County, Colorado Pioneer Glen Subdivision Utility Detail Sheet 8 s;uauodwo3 :ay Specialty Restaurants Corp. 8191 E. Kaiser Blvd. Anaheim, CA 92808 714.279.6100 3 3 8 15 dwnd oupaI3 ours • arses nlimited, Inc. Consulting & Civil Engineers 823 Blake Avenue, Ste. 102 Glenwood Springs CO 81601 tele: 970.945.5252 fax: 970.384.2833 DES. DR.: CK.: SLS DATE: 27 ti, !.: :§ { Bit f -3o Si 181 '8, - 8U. iv to Li :la r:, CD-. .g, a. a. m ti u Iy raawo,bo6-13n om r. -- i, -. a m yi a a L. I. o r Pi ,r,.---_ b r., Oc, c'5. u„''pp~ ,a . ry K. et owewwg'gs.e a 6 Wdf r T. E. ts9 N. 3.009 4.400 4 SSO213 H3N3211. Ae Q_ 8�. Ya. Vis 8 x 3 -n 2m Utz � T o z Garfield County, Colorado Pioneer Glen Subdivision Utility Detail Sheet 8 s;uauodwo3 :ay Specialty Restaurants Corp. 8191 E. Kaiser Blvd. Anaheim, CA 92808 714.279.6100 3 3 8 15 dwnd oupaI3 ours • arses nlimited, Inc. Consulting & Civil Engineers 823 Blake Avenue, Ste. 102 Glenwood Springs CO 81601 tele: 970.945.5252 fax: 970.384.2833 DES. DR.: CK.: SLS DATE: 27 • • PAVED SURFACE w v , . u i.,- 9^S 2;29r ,z 228201 -,Ww D sp ; $gP �F.a^��Nm o�A-,01T0 3g i,l�� Kgr15z2. £N'OA ., A^y:� � 4 ,6. 4 4g & � ; ',. 8P^''� a=gam 4gA ' 9W.g § aa % g . ?' 9- E N -mny mo •o -o �'" on ATX o X3:0 on cgm N .mm nxom n NW mQiNz m 29p 2 m� VW, VI HAI ms-I?� " r, -7.,A49 " " gs � onov :mow g.11' �i`a" E �> ;m mom* R A�o a A 0 Rq 242 v. DAA .8pm� r'AR io is a 60. kl CURB CUT. %HERE APPLICABLE R. ,v'§��x .$ mys mo o mpaMPA miz9n 4 92,'Z=zn io2cg N DURING CONSTRUCTION MU. BE REVEGETATED ACCORDING TO THE FOLLOWING CRITERIA. DUF DM A THREAT TO SURROUNDING PROPERTIES OR WATERWAYS WILL BE CONTAINED THROUGH :014TROL MEASURES A5 DEEMED NECESSARY TO COMPLY WITH THE N.P.D.E.5. IJRBEO AREAS SHALL COMMENCE IN THE FALL. PRIOR TO THE FIRST MAJOR SNOWFALL. OR E ISURES ARE 8I1.1E0 AT CONTROLLING/CONFINING SEDIMENT WITHIN OR NEAR THE AREA 00 01'. ESE AREAS WALL DEPEND ON THE ESTABLISHMENT OF APPROPRIATE GROUND COVER VEGETAL 'ATION EFFORT I5 TO PROTECT WATER QUALITY WHICH WALL REQUIRE A STURDY GROUND C00 ARDS WHICH HAVE BEEN ESTABLISHED FOR REVEGETATIOI APPLICATION TECHNIQUES: LL BE SALVAGED FROM DISTURBED AREAS. STOCKPILED ANO RE -SPREAD PRIOR TO REVEGET: 4E -SPREAD ON AREAS OF THE SITE PROPOSED FOR FUTURE BUILDING. THE FINISHED SOIL ! IULAR. SCARIFIED CONDITION WHICH MAXIMIZES MOISTURE RETENTION 014 THE SLOPE. ALL STC !EATER THAN 90 DAYS SHALL BE REVEGETATED IN ACCORDANCE WITH THESE PROCEDURES. I RE -SPREAD PRIOR TO RECORDING OF THE FINAL PLAT. _OW5. SEED SHALL BE DRILLED OR OTHERWISE MECHANICALLY INCORPORATED INTO THE SOIL .OPE RESTRICTS EQUIPMENT ACCESS. SEED SHALL BE HYDRAULICALLY APPLIED AND FOLOWE. .PPLIED MULCH OR STRAW. STRAW MULCH SHALL BE SECURED IN PLACE WITH A HYDRAULIC WDIENTS OF 2:1 OR STEEPER SHALL BE HYDRAULICALLY SEEDED. STRAW MULCHED AND P4011 INET (JUTE. EXCELSIOR OR SIMILAR ORGANIC PRODUCT). STRAW TACKIFIER 15 NOT REQUIRED WE WOULD BE PREPARED WITH MINI BENCHES. TOPSOIL WOULD THEN BE SPREAD OVER THE RAW. EROSION CONTROL BLANKET WOULD THEN RE TACKED INTO THE HILLSIDE COVERING 0 1 CONDITIONS INDICATE THE REQUIREMENT FOR IRRIGATION, THEN EITHER DRIP IRRIGATION OF 1 BE U5E0. _L BE CONSIDERED SUCCESSFUL WHEN THE CONTRACTOR HAS ESTABLISHED A DESIRABLE PEI 10 ENO OF THE SECOND GROWING SEASON SUFFICIENT IN COVER ANO CAPABLE OF RENEWING 3LE STAGE OF 400000TATION AND THE DISTURBED AREA IS CONSIDERED STABILIZED AND ERI m vg 0 � �e: wawa 8 pea 4 22 : oz ^:43 5 b^ s f i o t �` Y 6 MIMI qWq AE € € e M. tocoattm z c Z O co T /r 1:1agn�m� �zmo`�no MIN p^�j m mmiV20g n mo'.2'1"‘L' m z r "n` mgm.ym�' D r� naa may u, - ■ Y Sg �kw, li to igv�g JI; 0, ,3 'l'o no z H m ; \ Z n Res. + zz sozo.m AA�-0m oRoa*itim v.>�.Pg'PA goo xg }J'^, I^enSfj gp,, 01nmy0T im ^zoo ,83d1 TA- �m dgvN2$Pn 0 /A>o^oog9 aF'" .0 ai i MI >1 tom *mi nm N o-<Aknb x o 9- go 8v9=, io8 2mAm PIA- Rm �R v$ "o g -R zo $ om§ g os y yzm A 'h' Wo �� m >m � 999994 44444 i N ids; nab A,m gi ^ ro 20 Met R @ ' $Porn $' g2 0 R m „S AC, 0 Nm o y zNi ;Pg, o ��'1 mFoy soy y �y ?A nn m? ?-0 2 .'• oA .0M OO v0o OV�imZ Ong A 9 o�. -pi 3: gm .nzm ym L^ 9 m m $m n m 8 O Z - m� nw N4 Os C Q c, �F mi -P Tm ,.. gg _ _xi ;, . __ W , r 11 law • 1, g xi - i CD m Oe ( O eR 6 § b $ //% /I •y ' MGM--- _ m mo SIP /_ qm g f i N r Fri 1 Ip m -13 n rD' a rn4 O , A 0 cn o O v 5J C) 0 , pe# S'' 4,4 $• A4, [] O O 0 O O Z W !WA III n` 4a Z YYYX11 2R1 * P-. _ D ' Z i m * X3 5 • 1 X15: Z. %;:.g D z - lir Z r m 0 -,, Z�m Zm0. � 4; -0 itt w • n o § zg Z 8 4 , 4f • `` I 1 . +��� * ' ° ° ° 'Er -'2- f m om WO) o" m \ �1kit o�1gx H 11M q r m 0 73 lit 0 �1V l% C M A -4Z c \ \ Xi m 1 cl � j/ \ -o 9 0 _ r„4 4 r 0 , r• 'w , glig- * m LINE ALL SWALES WITH- FLOWUNE GRADES EXCEEDING E%ISTING GRADE -EXISTING GRADE RR WITH NORTH AMERICAN GREEN C350 AND NATIVE GRASSES ,.10 =jj1111� T 111 _ �I111 3 'Id111—•• 3 4" COMPACTED CLAY MATERIAL TYPICAL DRAINAGE CHANNELISWALE SECTION o PO4, (N. T. B.) 10' MAX. 5111 FABRIC STAPLED 10 II, POSTS SILT FENCE , 0 :r.5 m TI'F?,' y '2T,O O m ;°gg 4 o m 1 i o 4 (n .m , r Z m m -o Z e W V: - r r 1 0 z z o / m m ' �. S �� m;� `i. •.,•.V .. m�p�m�-i gai ..>$' gmm gF 0 0 O �� Q AmoqN T§co-: man •Jhl • ax m0 88,Km A �o5 2 m M x v V`ezi AGR 0 CO FILE INFO: PROJECT NO. 2005 PROJECT NAME'. W08M1at1 FILE NAME. I p�dy Garfield County, ColoradoSpecialty Pioneer Glen Subdivision Drainage & Erosion Control Detail Sheet Restaurants Corp. 8191 E. Kaiser Blvd. Anaheim, CA 92808 714.279.6100 Boundaries Unlimited, Inc. Consulting & Civil Engineers DES.. OM NO, DATE REVISION BY DR.: CK.: SLSS S 823Blake Avenue, Ste. 102 Glenwood Springs, CO 81601 DATE: 2/27/08 tele: 970.945.5252 l08: 970.384.2833 • • • BAKER*HOGANoHOUX ARCHITECTURE & PLANNING / A.I.A. / P.C. FINAL PLAT APPLICATION Pioneer Glen Subdivision EXHIBIT 13 FINAL COST ESTIMATE QUANTITY Earthwork Soil Retention Blanket NAG-SC150 Soil Retention Blanket NAG -C350 Erosion and Sediment Control (fence, haybales, runoffs, etc) NPDES Permitting Wetland Reconstruction/Revegation Remove and Dispose of Unsuitable Material General Revegetation of Disturbed Areas 3/8" Chipseal 15500 6" Class 6 ABC under Chipseal 12" Class 2 ABC under Class 6 ABC ---price includes trenching and fittings - 18"0 CPP (ADS N -12 -WT) 18"0 Flared End Section $60:00 - --price includes trenching and fittings --- Completed Well System (Pump, 2500 Gallon Concrete Tank, Controls, Service Line, etc.) - --price includes trenching and fittings --- Pump System (Pump, Pad, Hoses, Screen, Conctrols, etc.) 4" Sch. 40 PVC 1-1/4" Irrigation Service Blowoff Valve Assembly 2-4" and 2-6" Conduit Sleeves for GET Onsite Trenching for Xcel Energy (Gas) Onsite Trenching for Holy Cross & Qwest (Electric & Telephone) Offsite Trenching for Qwest (Telephone) Electric Transformer Base Power/Telephone Pole Drop Mobilization, Demobilization and GC Management Class I Ground Sign (Street,Stop,Speed, Child Playing) These values are for Ostintating purposes only and for any di bas¢gbn bid values rptk-. P 7 rep• c+e , ..ty e�4gneivof. • • • BAKER0HOGAN4 HOUR ARCHITECTURE & PLANNING / A.I.A. / P.C. FINAL PLAT APPLICATION Pioneer Glen Subdivision EXHIBIT 14 COVENANTS, CONDITIONS, AND RESTRICTIONS A -PLAT B - ISDS DESIGN AND PERFORMANCE STANDARDS ISDS MANAGEMENT PLAN C - INTEGRATED VEGETATION AND WEED MANAGEMENT PLAN D - WILDFIRE MITIGATION PLAN • DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR PIONEER GLEN INDEX ARTICLE TITLE PAGE I DEFINITIONS 2 II PROPERTY RIGHTS & USE OF PROPERTY 7 III MEMBERSHIP, VOTING RIGHTS AND OWNERS ACTION 9 IV COMMON FACILITIES - DECLARANT' S RIGHT TO JOINT USE 10 ✓ INSURANCE ON COMMON FACILITIES 11 VI ASSESSMENTS 11 VII ADDITIONAL RESTRICTIONS ON USE AND BUILDING 12 VIII ARCHITECTURAL APPROVAL 17 IX IRRIGATION WATER AND SYSTEM 24 X DEDICATION AND TRANSFER OF ROAD, UTILITY, 24 IRRIGATION EASEMENTS, AND OPEN SPACE XI CONDEMNATION 25 XII GENERAL PROVISIONS 25 • EXHIBIT A PLAT B IDIVIDUAL SEWAGE DISPOSAL SYSTEM DESIGN AND PERFORMANCE STANDARDS C INTEGRATED VEGETATION AND WEED MANAGEMENT PLAN D WILDFIRE MITIGATION PLAN • DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR PIONEER GLEN This Declaration of Covenants, Conditions and Restrictions (hereafter the Declaration) is made this day of , 200_ by SPECIALTY RESTAURANTS CORPORATION, a California corporation (hereafter referred to as the Declarant). RECITALS WHEREAS, Declarant is the owner of that certain real property in Garfield County described in Exhibit A attached hereto and incorporated herein by this reference, as depicted in six lots numbered consecutively 1 through 6, on a plat thereof recorded as Reception No. in the office of the Garfield County Clerk and Recorder, together with all water and water rights, easements and rights-of-way appurtenant to or used upon or in connection with said Lots and all other appurtenances thereto; and WHEREAS, Declarant hereby creates an unincorporated nonprofit association pursuant to the Colorado Uniform Unincorporated Nonprofit Association Act, Colorado Revised Statutes 7-30-101 et seq., known as the Pioneer Glen Homeowner's Association (hereafter the Association) for purposes of owning, maintaining and administering the common facilities as hereafter described and defined, the Members of which Association shall be the owners of the aforesaid individual Lots and which Association shall also administer and enforce the covenants, Conditions and restrictions herein set forth and collect and disburse the assessments and charges hereinafter provided; and WHEREAS, Declarant desires to dedicate, grant and create certain easements to the Association for purposes of serving the Lots with appurtenant access and utilities necessary to the use of the Lots for their intended purpose; and WHEREAS, Declarant desires to provide a flexible and reasonable procedure for the overall operation of the Common Facilities and to establish a method for the administration, maintenance, preservation, control, use, and enjoyment of the Lots and Common Facilities, as well as provide for the enforcement of the restrictions, covenants and conditions hereinafter set forth. Declaration of Covenants Conditions and Restrictions for Pioneer Glen derit- Page 1 of 28 • • • • • • GRANT OF EASEMENTS AND DECLARATION NOW THEREFORE, Declarant hereby declares that all of the Lots described above, individual or collective, shall be held, transferred, sold, conveyed and occupied benefited by and subject to the easements and properties herein dedicated, granted and transferred to the Association and subject to the following Covenants, Conditions and Restrictions which are established for the purpose of protecting the value and desirability of such real property and which shall run with title to the Lots and be binding on all owners or other parties having any right, title or interest therein. ARTICLE I DEFINITIONS 1. Annual Assessment. "Annual Assessment" shall mean the assessments made for the purpose of covering the portion of the annual expense of operating and administering the Association, including, but not limited to, Common Expenses and expenses incurred in connection with certain authorized functions of the Association the costs of which are not otherwise provided for herein, which are to be paid by each Owner to the Association for the purposes provided herein and charged to such Owner and to the Lot of such Owner. 2. Annual Budget. "Annual Budget" shall mean the calendar year estimates of the Association expenses and expenditures upon which the Annual Assessment shall be based, which budget shall be prepared by the Association Manager and adopted by Owners Action at the Annual Meeting. 3. Annual Meeting. "Annual Meeting" shall mean the meeting of all Members of the Association to occur once a year for the primary purposes of approving the Annual Budget and selecting the Association Manager, but at which meeting any other business matters of the Association may be raised and addressed. 4. Assessments. "Assessments" shall mean all assessments, Annual, Reimbursement, and Special, for Common Expenses of the Association, and all installments thereof, with interest thereon and costs of collections, including reasonable attorney's fees, all as more particularly defined and provided in Article VI below. 5. Association. "Association" means the Pioneer Glen Homeowners Association, a Colorado unincorporated nonprofit association whose Members shall be the respective Owners of the Lots. 6. Association Manager. "Association Manager" shall mean a person who shall be a Lot Owner and Member of the Association, and who shall be responsible for preparing the Annual Budget, collecting Annual and Special Assessments and other revenues, disbursing funds for Declaration of Covenants Conditions and Restrictions for Pioneer Glen Page 2 of 28 Common Expenses, calling special meetings and otherwise managing the administrative affairs of the Association. The Association Manager shall be the Declarant at all times during which Declarant shall continue to own any one of the Lots. 7. Building Envelope. "Building Envelope" shall mean that portion of each Lot which is designated on the Plat as suitable for construction of habitable living space thereon. As more fully provided herein, all Improvements to be constructed on a Lot, with the exception of Improvements which are necessary to facilitate ingress to and egress from a Lot or Improvements which are otherwise expressly authorized by the Design Review Committee, shall be located within the Building Envelope designated for such Lot. 8. Common Area. "Common Area" shall mean any portions of the Common Interest Community designated on the Plat as Common Area or Open Space and which is owned or maintained by the Association for the common use and enjoyment of the Owners, including, but not limited to, all rights-of-way, roads, entry ways, ponds, entry features, sidewalks, pathways, trails, gardens, pastures or other open space, and such other easements for the use and benefit of the Owners as may be provided in this Declaration. 9. Common Expenses. "Common Expenses" shall mean the expenses or liabilities incurred by or on behalf of the Association under the provisions of this Declaration and which are payable by the Lot Owners upon Annual and Special Assessment. These include, but are not limited to the following: a) The cost of maintenance, management, operation, snowplowing, repair and replacement of the Association Properties, including, but not limited to, the Common Areas, and of all other parts of the Common Interest Community which are managed or maintained by the Association or a Managing Agent; b) The cost of maintaining and repairing structural elements of the Common Areas including any structures, sidewalks, walkways, driveways, fencing and trash bins within the Common Interest Community, and reasonable reserves for any of such costs; c) The cost of maintaining, replacing, and improving the landscaping on the Common Areas; d) The cost of improvements constructed from time to time by the Association on or in connection with the Common Areas, if such costs were included within a duly adopted Budget; e) The cost of management and administration of the Association, including, but not limited to, compensation paid by the Association to managers, accountants, attorneys and employees, and/or costs provided to be paid by the Owners in accordance with the terms of this initial Declaration pursuant to the respective Management Agreements, if any, for the operation, management, and/or maintenance of the Common Interest Community; Declaration of Covenants Conditions and Restrictions for Pioneer Glen Page 3 of 28 • • • • • f) The cost of insurance maintained by the Association as required or permitted herein; g) The cost of utilities and services if any which are provided to the Association or the Common Interest Community or parts thereof and not individually metered or assessed to Lots, and other services which generally benefit and enhance the value and desirability of the Common Interest Community; h) Reasonable reserves for contingencies, replacements, and other proper purposes as deemed appropriate by the Association Manager to meet anticipated costs and expenses including, but not limited to, maintenance, repair and replacement of Common Areas which must be maintained, repaired or replaced on a periodic basis; i) Taxes paid by the Association; j) The cost incurred by any committees that may be established from time to time by the Association and compensation that may be paid by the Association to members of such committees; k) All expenses expressly declared to be Common Expenses by this Declaration, all expenses lawfully determined to be Common Expenses by the Association Manager, and all expenses agreed upon as Common Expenses by the Members of the Association; and 1) Other expenses incurred by the Association for any reason whatsoever in connection with the Common Areas, or the cost of any other item or service provided or performed by the Association pursuant to any of the Association Documents or in furtherance of the purposes of the Association or in the discharge of any duties or powers of the Association. 10. Common Facilities. "Common Facilities" shall mean all real property or interests in real property, improvements thereto, and personal -property now or hereafter owned by the Association through dedication, grant, conveyance, or assignment by the Declarant to the Association or acquired by the Association through Owners Action for the common use and enjoyment of Lot Owners, and more particularly described in Article IV below. There are expressly excluded from the Common Facilities, any domestic water service lines, irrigation ditch laterals or pipelines and utility services designed to serve, benefit and be appurtenant to a single Lot. Any such excluded facilities, property and structures shall be controlled, operated and maintained by the Owner(s) of the Lot served thereby as appurtenant thereto at such Owners expense. 11. County. "County" shall mean Garfield County, Colorado. 12. Declarant. "Declarant" shall mean SPECIALTY RESTAURANTS CORPORATION. 13. Declaration: "Declaration" shall mean the Covenants, Conditions, Restrictions, grants and • dedications of easements and all other terms or provisions set forth in this document as the Declaration of Covenants Conditions and Restrictions for Pioneer Glen Page 4 of 28 same is recorded in the records of Garfield County, Colorado, and as the same may be amended from time to time in accordance with the provisions hereof, with such amendments being likewise recorded. 14. Design Review Committee. "Design Review Committee" shall mean the Committee provided for in this Declaration. 15. Improvement. "Improvement" shall mean all structures and any appurtenances thereto of every type or kind, including, but not limited to, dwelling units, buildings, outbuildings, barns, swimming pools, patio covers, awnings, painting of any exterior surfaces of any visible structure, additions, walkways, outdoor sculptures or artwork, sprinkler and utility pipes, garages, carports, roads, driveways, parking areas, fences, screening walls, retaining walls, stairs, decks, fixtures, landscaping, hedges, windbreaks, plantings, planted trees and shrubs, poles, signs, exterior tanks, solar equipment, exterior air conditioning and water softener fixtures. 16. Improvement to Property. "Improvement to Property" shall mean any Improvement, change, alteration or addition to any property within the Common Interest Community. "Improvement to Property" shall include, but not be limited to those improvements more particularly described in Section 4.2 of this Declaration. 17. Lot/Lots. "Lot" or "Lots" shall mean each of Lots 1 through 6, inclusive according to the Plat. 18. Lot Owner or Owner. "Lot Owner" or "Owner" means the person, persons, entity or entities who or which together shall comprise the record owner of fee simple title to a Lot. 19. Member. "Member" shall mean a person or entity which, by virtue of their status as a Lot Owner, is deemed to enjoy the membership privileges and responsibilities in the Association. 20. Notice of Completion. "Notice of Completion" shall mean written notice to the Design Review Committee of the completion of any Improvement to Property. 21. Occupant. "Occupant" shall mean any person who is a tenant on a Lot, pursuant to a Lease with the Owner thereof, or any person who is present within the Common Interest Community as a family member, guest, agent, licensee, or invitee of an Owner, an Occupant, the Association, or a Managing Agent. 22. Owners Action. "Owners Action" shall mean a written statement of action to be taken by the Association which statement shall be executed by no less than the Owners of four (4) Lots or their respective authorized representative. 23. Plat. "Plat" shall mean and include the land survey plat (and any amendments thereto) which depicts all or a portion of the Common Interest Community and which further depicts and locates thereon the location of Lots, Building Envelopes, Common Areas, and such other Declaration of Covenaits Conditions and Restrictions for Pioneer Glen Page 5 of 28 • • • items as may be required by the Act. The Plat, and any amendments or supplements thereto, are hereby incorporated herein and made a part hereof by reference. • • 24. Reimbursement Assessment. "Reimbursement Assessment" shall mean a charge against a particular Owner and his Lot for the purpose of curing or enforcing any violation, directly attributable to the Owner, of the Declaration or the Rules and Regulations, together with late charges and interest as provided for herein. Reimbursement Assessment shall include without limitation any Common Expense caused by the misconduct of any Owner or of such Owner's Occupants. 25. Rules and Regulations. "Rules and Regulations" shall mean the rules, regulations, guidelines, policies, authorizations and standards as may be adopted and approved by Owners Action as provided in this Declaration governing the use of the Lots and the use, operation, maintenance, and administration of the Common Facilities. 26. Special Assessment. "Special Assessment" shall mean a charge against each Owner and his Lot representing a portion of the costs of the Association for the purpose of funding construction, capital repairs, maintenance, replacements, and Improvements within the Common Interest Community, the costs of which were not included in the Annual Assessment, or for excess repair costs or other extraordinary expenses, or for funding any operating deficit of the Association, or for any other purpose authorized by the Association Manager from time to time as provided herein. Declaration of Covenants Conditions and Restrictions for Pioneer Glen Page 6 of 28 ARTICLE II PROPERTY RIGHTS AND USE OF PROPERTY 1. Permitted Use. a) All Lots shall be used only for the construction, use and occupancy of and as single- family dwellings and customary accessory uses including, without limitation, an accessory dwelling unit if permitted by application zoning. No dwelling shall be permitted which has less than 900 square feet of livable floor space. Structures built on the Lots will not exceed the maximum allowed height of twenty-five 25 feet as calculated by the Zoning Resolution of 1978 as amended. In addition, Lot coverage shall not exceed the maximum allowed coverage of 15%. b) Additional permitted accessory uses shall include agricultural activities and the raising of crops and livestock; provided, however, that no horses or livestock shall be kept in excess of two head per Lot and no livestock may be kept in excess of pasture available. c) No more than one dog over six (6) months of age may be kept on any Lot and dogs shall not be permitted to run at large. d) 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 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 part of a legal and non -negligent agricultural operation. e) 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. f) Greenbelt (open space) as shown on this final plat shall be defined as "land retained in an open or unimproved condition, except for agriculture, for the placement of landscape materials, including trees, shrubs and grasses and structures limited to foot paths, irrigation structures, erosion protection devices and underground utilities, or improved for Declaration of Covenants Conditions and Restrictions for Pioneer Glen Page 7 of 28 • • • • park use. Designation of greenbelt/open space does not imply provision for access by the public. • • 2. Common Facilities. Subject to the limitations set forth in this Declaration and any Rules and Regulations adopted by the Association pursuant to the provisions of this Declaration, each and every Lot Owner, shall have the right to the use, enjoyment and benefit of the Common Facilities. 3. Appurtenance of Interests. Any legal or beneficial interests in the Common Facilities which inure to a Lot Owner by virtue of such ownership are appurtenant to the Lots owned, with or without specific reference to such appurtenance in any deed which may convey the Lot. 4. Governance of Lots and Common Facilities. Subject to rights, interests and authority expressly reserved to the Declarant herein, all of the authority regarding the operation, maintenance, repair, administration and control of the Common Facilities shall be vested in the Association and the Lot Owners through their right to participate by Owner Action in governance of all Common Facilities as said rights are more fully described in this Declaration. 5. Waiver of Right to Partition. Each Lot Owner irrevocably waives his right to statutory partition of the Common Facilities. 6. Enforcement. The Association, by Owners Action, or the Declarant or any Lot Owner, shall have the right to enforce the covenants, Conditions and restrictions contained in this Declaration by any legal or equitable means necessary and available including actions for damages and injunctive relief. In the event of any such action, the Association, Declarant or Lot Owner or Owners, if they prevail in said action, shall be entitled to receive reasonably attorney's fees and costs from the Lot Owner or Owners found to be in violation of this Declaration. Declaration of Covenants Conditions and Restrictions for Pioneer Glen Page 8 of 28 ARTICLE III MEMBERSHIP, VOTING RIGHTS AND OWNERS ACTION 1. The Owner(s) of record of fee simple title to each Lot shall be a Member of the Association. For purposes of this Declaration, if a Lot is owned by more than one person, all of the persons owning an interest in fee simple title to the Lot shall, in the aggregate, be the Lot Owner thereof and such multiple persons comprising the Lot Owner shall, among themselves, designate one of their number to participate in, and represent the others, in any Association affairs or Owners Action as herein described. For purposes of participation in Owner Actions and any other voting matters in the Association, a Member owning more than one Lot shall be entitled to one vote for each Lot owned. 2. Except as otherwise herein provided with respect to rights and interests reserved to the Declarant, the ownership, operation, management, maintenance and repairs of the Common Facilities and all Association actions taken with respect thereto, shall be undertaken and performed pursuant to Owners Action. The Association shall have the exclusive power and authority to manage any affairs regarding the Common Facilities, and such power and authority shall include, without limitation whatsoever, the following authority: a. To own, purchase, lease, install, operate, maintain, repair and replace all or any part of the Common Facilities. b. To adopt such Rules and Regulations as are necessary and appropriate for governing the use and benefits of the Common Facilities; c. To establish and oversee the Annual Budget, for purposes of paying anticipated and contingent expenses related to the Common Facilities; d. To make, determine and collect Annual and Special Assessments for the purpose of paying all Common Expenses. Said Annual Assessments to be determined in accordance with the establishment of the Annual Budgets and as the same are necessary as Special Assessments for extraordinary or unforeseen expenses related to said Common Facilities and which were not included in or provided for under the Annual Budget or which under the provisions hereof are expenses assessed against less than all Lots. All Annual and Special Assessments shall be made on a ratable basis among the Lot Owners, with a one- fifth share of the total assessment to be paid by the Owner of each Lot, except as otherwise provided herein; e. Subject to the provisions of Article I, paragraph 3, to elect at the Annual Meeting by Owners Action, an Association Manager to act, during the upcoming year, on behalf of the Association and in such capacity to exercise all powers of the Association set forth in said Article I, paragraph 3 as well as any others delegated to him by such Owners Action; f. To enforce, by Owners Action, the provision of this Declaration and any Rules and Declaration of Covenants Conditions and Restrictions for Pioneer Glen Page 9 of 28 • • • g. Regulations adopted by the Association as provided herein, either through Owners Action or by delegation of such enforcement authority to the Association Manager; To establish a date certain for the Annual Meeting for the ensuing year and to establish Special Meetings as appropriate and necessary. Written notice of the date, time and place of Annual and Special Meetings, shall be given to each Member by mailing such notice to each Member at least 20 days prior to the date of such Annual or Special Meeting at the address of each respective Member as the same shall be maintained in the records of the Association; h. To receive and use for the joint and common benefit of all Lot Owners any revenues received by the Association from whatever sources and determination of the specific uses of such funds; and i. To take any other action necessary or appropriate to carry out the purposes herein expressed and to properly maintain the Common Facilities for the use and benefit of the Lot Owners. ARTICLE IV COMMON FACILITIES — DECLARANT'S RIGHT TO JOINT USE The Common Facilities which shall be owned by the Association include, but are not limited to, all designated roads and road easements dedicated, created and granted hereunder and improvements thereto, utility and irrigation easements, access easements, water pipeline easements and related facilities, drainage easements, and open space created and granted hereunder or transferred to the Association, which serve or benefit the Lots. The Association shall maintain and keep in good repair the Common Facilities (and any personal property and improvements associated therewith) and any other improvements to or upon the Common Facilities (including without limitation the Association shall not permit the growth or spread of Garfield County listed noxious weeds along roadsides and in common areas). Such maintenance shall be funded through the Annual and Special Assessments as provided herein, and revenues received from any other sources, and shall include, but not be limited to, maintenance, repair, and replacement of all other structures and improvements situated upon the Common Facilities all to the end that the safety, appearance and quality of the Common Facilities shall permanently endure. It is understood that all easements described above shall be non-exclusive. Declaration of Covenants Conditions and Restrictions for Pioneer Glen Page 10 of 28 ARTICLE V INSURANCE ON COMMON FACILITIES 1. Insurance. If deemed necessary, the Association Manager shall have the authority to obtain insurance for all insurable components of the Common Facilities against loss or damage by any hazards, including extended coverage, vandalism, and malicious mischief. This insurance shall be in an amount sufficient to cover the full replacement cost of any repair or reconstruction in the event of damage or destruction from any such hazard. 2. Repair and Reconstruction. If the damage or destruction for which the insurance proceeds are paid is to be repaired or reconstructed and such proceeds are not sufficient to defray the cost thereof, the Association Manager may, without the necessity of any Owners Action, levy a Special Assessment to cover the amount of deficiency. If the funds available from insurance exceed the cost of repair, such excess shall be retained to the benefit of the Association. ARTICLE VI ASSESSMENTS 1. Annual and Special Assessments. All Annual and Special Assessments, together with interest at the legal or statutory rate, costs, and reasonable attorneys' fees, if any, shall be a charge on the land and shall be a continuing lien upon the Lot against which each Annual or Special Assessment and the aforesaid related costs and expenses, is made. Each such Annual or Special Assessment, together with interest, costs and reasonable attorneys' fees, if any, shall also be the personal obligation of the person who was the Owner of a particular Lot at the time the Assessment was made. All such Annual and Special Assessment shall be due and payable within thirty (30) days following the date upon which the Association Manager shall have mailed notice of such Annual or Special Assessment to the Lot Owner obligated to pay the assessment at the address of said Lot Owner as maintained in the Association records. In the making of Annual and Special Assessments, no assessment shall be made or charged against Lots not benefited by maintenance of sections roadway or irrigation ditches, for which any expenses may specifically be identified apart from the expenses related to maintenance of those sections of roadways and irrigation ditches which benefit all of the Lots. Instead, the portion of the assessments incurred for the expense of maintaining sections which benefit only certain of the Lots, shall be borne proportionately by only those certain Lots. 2. Liens and Foreclosure of Liens. All Annual and Special Assessments shall constitute a lien on each Lot, respectively, prior and superior to all other liens, except (i) all ad valorem taxes, bonds, assessments, and other levies which, by law, would be superior thereto, and (ii) the Declaration of Covenants Conditions and Restrictions for Pioneer Glen Page 11 of 28 • • • • • lien or charge of any first mortgage of record (meaning any recorded mortgage or deed of trust with first priority over other mortgages or deeds of trust) made in good faith and for value. Suit to recover a money judgment for unpaid Assessments, interest and attorneys' fees shall be maintainable without foreclosing or waiving the lien securing the same. Any lien created pursuant to the provisions of this Article VI may be foreclosed under the laws of the State of Colorado in the same manner as a mortgage. 3. Computation of Annual Budget and Annual Assessment. It shall be the duty of the Association Manager at least thirty (30) days prior to the Annual Meeting at which the budget shall be presented to the Association's membership, to prepare a budget covering the estimated costs, and appropriate reserve funds amounts for operating the Association during the coming year. The Association Manager shall cause a copy of the budget, and the estimated amount of the Annual Assessments deriving therefrom and to be levied ratably as herein provided against each Lot for the following year to be delivered to each Lot Owner with notice of the meeting. Such budgeting process shall take into account any revenues received or anticipated by the Association from sources other than Assessments. ARTICLE VII ADDITIONAL RESTRICTIONS ON USE AND BUILDING In addition to any other restrictions contained herein, all Lots shall be subject to the following covenants and restrictions on use and building restriction, to wit: 1. Nuisances. No Lot Owner shall permit or suffer anything to be done or kept about or within his Lot, which will obstruct or interfere with the rights of other Lot Owners or their property, including generation of unreasonable noises or otherwise, nor will any Lot Owner commit or permit any nuisance or commit to suffer any illegal act to be committed on his Lot. Each Lot Owner shall comply with the Association Rules and Regulations, the requirements of all health authorities and other governmental authorities having jurisdiction over the Lots and Common Facilities. 2. Pets. Dogs should not be allowed to roam and homeowners should also be advised that dogs chasing wildlife is illegal and can lead to legal action. The Colorado Division of Wildlife will issue fines for dogs harassing or chasing wildlife. If a dog is observed chasing or harassing wildlife, it may be shot by the Colorado Division of Wildlife. No more than one dog per household. Dogs that are not kenneled must be leashed at all times. No dogs are allowed on site by construction workers during the development process. 3. Construction Type. All construction shall be new. No building previously used at another location nor any building or structure originally constructed as a mobile dwelling or structure may be moved onto a Lot, except as expressly hereinafter provided for temporary buildings. In addition to the foregoing, an engineered foundation shall be required for all residential dwelling units constructed within the Common Interest Community. Declaration of Covenants Conditions and Restrictions for Pioneer Glen Page 12 of 28 4. Building Envelopes. All improvements to be constructed on a Lot, with the exception of Improvements which are necessary to facilitate ingress to and egress from a Lot or Improvements which are otherwise expressly authorized by the Design Review Committee, shall be located within the Building Envelope designated for such Lot. 5. Mobile Homes. No mobile home may be installed on any Lot. 6. Yards. All yards and open spaces and the entire area of every Lot on which no building has been constructed shall be maintained in accordance with standards to be established by the Design Review Committee. In addition, each Lot shall be kept free from brush or other growth or trash which, in the reasonable opinion of the Design Review Committee, is unsightly or causes undue danger of fire. Notwithstanding the foregoing, the Design Review Committee shall be authorized to permit landscaping on a Lot in accordance with a landscaping plan approved by the Design Review Committee in accordance with the provisions hereof. 7. Landscaping. Each Lot shall be fully landscaped within thirty (30) days of the date on which a certificate of occupancy is obtained for the residence, subject to excusable delays as determined by the Design Review Committee due to weather. No landscaping plan shall be implemented until approval of the Design Review Committee has been obtained. Each Owner shall maintain the landscaping upon such Owner's Lot in good condition. Landscaping maintenance shall include the management, maintenance and removal of weeds. Failure to properly maintain landscaping will result in the Association assessing Reimbursement Assessments as provided in this Declaration. a) No Lot Owner shall permit the growth or spread of Garfield County listed noxious weeds on any Lot. Refer to Exhibit C attached hereto for recommended Vegetation and Weed Management Plan. The Association, at the sole cost and expense of said Lot Owner(s), may perform such mitigation in the event of the Lot Owner(s) failure thereof. b) Each Lot Owner at the time of construction shall install Landscaping in compliance with the Wild Fire Mitigation Plan attached as Exhibit D hereto and the Vegetation and Weed Management Plan. c) Each Lot Owner shall maintain grassland in accordance Wild Fire Mitigation Plan attached as Exhibit D. The Association, at the sole cost and expense of said Lot Owner(s), may perform such mowing in the event of the Lot Owner(s) failure thereof. 9. Fireplaces. No open hearth solid -fuel fireplaces will be allowed anywhere within the subdivision. One (1) new solid -fuel burning stove as defined 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. 10. Storage. No inoperable vehicles or equipment shall be stored outside on any Lot; nor shall any junk or refuse be allowed to accumulate on any Lot. Declaration of Covenants Conditions and Restrictions for Pioneer Glen Page 13 of 28 • 11. Restrictions on Garbage and Trash. No refuse, garbage, trash, lumber, grass, shrub or tree clippings, plant waste, compost, metal, bulk materials, scrap, refuse, or debris of any kind shall be kept, stored, or allowed to accumulate on any Lot except within an enclosed structure or appropriately screened from view, except that any container containing such materials may be placed outside at such times as may be necessary to permit garbage or trash pickup. All containers used for the temporary storage and outside collection of garbage, trash and related materials within the subdivision shall be "bear -proof." 12. Restriction on Pipes and Utility Lines. Pipes for water, gas, sewer, drainage, or other purposes, and utility meters or other utility facilities shall be kept and maintained, to the extent reasonably possible, underground or within an enclosed structure. Solar power units meeting all governmental guidelines for residential purposes may be utilized if such unit is approved in advance by the Design Review Committee. 13. Restrictions on Signs and Advertising. No sign, poster, billboard, advertising device, or display of any kind shall be erected or maintained anywhere within the Common Interest Community so as to be evident to public view. Provided, however, development related signs owned or erected by Declarant and house numbering signs approved by the Design Review Committee shall be permitted. "For Sale" or "For Rent" signs shall be permitted, subject, however, to any guidelines for such signs adopted by either the Board of Directors or the Design Review Committee. 14. Storage of Gasoline and Explosives, Etc. No Lot shall be used for the storage of explosives, gasoline, or other volatile and/or incendiary materials or devices or any materials deemed hazardous substances under applicable environmental laws, rules, or regulations. Gasoline or fuel for Owner's lawn mower, snow blower, and the like may be maintained on an incidental basis on the Lot in an amount not to exceed ten (10) gallons. 15. Air Conditioning and Heating Equipment/Solar Collecting Devices. No heating, air conditioning, air movement, solar collection or refrigeration equipment shall be placed, allowed, or maintained anywhere other than on the ground; provided, however, that solar units or swamp coolers meeting all governmental guidelines for residential uses may be located on the roof if (a) such solar unit or swamp cooler is built into and made an integral part of the roof flashing or the structure of any house constructed on such Lot, and (b) such solar unit or swamp cooler is specifically approved by the Design Review Committee. The type, size, location and necessary screening for any proposed solar collection device or swamp cooler shall be submitted to the Design Review Committee in accordance with its established procedures and the Design Review Committee shall have the authority to approve, conditionally approve, or disapprove the proposed collection device in accordance with the terms and provisions hereof. Notwithstanding the foregoing, in no event will the terms and provisions of this Declaration be deemed to prohibit the use of solar collection devices within the Common Interest Community and in no event shall the Design Review Committee unreasonably restrict the right to use solar collection devices by any Owner of a Lot within the Common Interest Community. Declaration of Covenants Conditions and Restrictions for Pioneer Glen Page 14 of 28 16. Irrigation System. All irrigation systems shall be operated using the irrigation water as provided in Article IX hereof and shall be subject to the conditions therein set forth. 17. Individual Sewage Disposal System. Based on the analysis of the sub -soils on the property, Individual Sewage Treatment Systems and foundation designs are required to be conducted by a registered professional engineer licensed to practice within the State of Colorado. These studies and plans shall be submitted with individual building permit applications for each lot. The cost of these studies shall be borne by the individual property owner. Each Lot Owner, at the time of construction, shall install an individual sewage disposal system (ISDS) to handle waste water for such residence in compliance with the "ISDS DESIGN AND PERFORMANCE STANDARDS" attached as Exhibit B hereto. In accordance with Garfield County recommendations, the Association shall also review and approve all ISDS designs and modification prior to construction. 18. Domestic Water System. All residences within the subdivision will require a reverse osmosis system or comparable system on their domestic water supply line to control water quality. 19. Runoff / Drainage. Each Lot Owner shall submit to Garfield County with any building permit application a drainage plan designed by a Colorado Registered Professional Engineer. Buyers and Builders should be aware that about 5 feet of clay is present in the shallow subsurface of the lots which can be easily eroded. To prevent damage to future homes, structures shall be designed so that concentrated runoff from patios and roofs will not flow onto the slopes in such a way that will cause sloughing and general deterioration. 20. Lighting. All exterior lighting will be the minimum amount necessary and all exterior lighting will be directed inward and downward towards the interior of the subdivision, except that provisions may be made to allow for safety lighting that goes beyond the property boundaries. 21. Fences. Due to the fact that wildlife does travel through the area, all fencing should be limited. If absolutely necessary, homeowners need to adhere to wildlife friendly fencing consistent with the Colorado Division of Wildlife approved fences. To allow the movement of Mule Deer and Elk through the subdivision, fence heights shall not exceed 42 inches in height. Rail type fences are encouraged and should have at least 18" between two of the rails. Mesh fencing is strongly discouraged as it significantly impairs wildlife movement. Fences shall only be erected within the building envelope boundaries of each Lot. There shall not be any fencing allowed to surround entire lots or the perimeter of the subdivision except as allowed by Garfield County on the western border of the subdivision. 22. Wildlife Recommendations. Bear/human conflicts have the potential to be a reoccurring problem and it is paramount that certain measures be taken to minimize these conflicts. Owners and Occupants are requested to consider the following recommendations regarding the presence of wildlife on the property: a) All homeowners shall have and use an approved bear -proof container for storing all Declaration of Covenants Conditions and Restrictions for Pioneer Glen Page 15 of 28 • • trash/garbage. Trash compactors inside the house can help eliminate bulk and odors, which will further reduce potential problems. b) Bird feeders (including hummingbird feeders) can be used, but do not mount hummingbird feeders on windows or siding of the house. Seed feeders should be strung up at least 10' from the ground with seed catchment to discourage other wildlife foraging. c) Pets should be fed indoors, and pet food or food containers should not be left outside. d) Horse feed should also be stored in a bear -proof container and locked. A job box with a padlock can adequately prevent bears from breaking into horse feed containers. e) Barbecues should also be securely housed in the garage or cleaned with a bleach solution when not in use due to the fact that leftover food and grease are an overwhelming bear attractant. f) Round door knobs on the outside of doors rather than lever -type can limit bear access into houses as well as installing a cooling system rather than leaving windows open, as this is the main way bears access homes in the summer. Storm shutters that can be closed and locked when the house is not being used can also discourage bears from entering vacant houses. g) Under current state laws, the Division of Wildlife is not liable for damage to real or personal property by bears. h) For homeowners keeping horses on their property, fencing haystacks with 8' mesh fence for wildlife proofing at the homeowners' expense is recommended. i) Eliminating plantings of any berry, fruit, or nut producing plants or shrubs will also discourage bears and other wildlife from feeding on expensive landscaping. Homeowners also need to be aware that the Division of Wildlife is not liable for any damage to landscaping by deer, elk, or bear. j) Maintaining as much of the native mountain shrub communities inside the building envelopes is encouraged to continue to provide the highest value to existing wildlife. 23. Bald Eagle and Great Blue Heron Habitat. For the protection of Bald Eagle and Great Blue Heron nests, large cottonwood trees, dead or alive, will not be disturbed during construction of the subdivision and will be preserved throughout the existence of the subdivision. 24. Lot Subdivision. No further divisions of land within the Subdivision will be allowed 25. Enforcement. All remedies described in Article VI hereof and all other rights and remedies available at law or equity shall be available to the Association, or the Declarant or any Lot Owner, in the event of any breach of any provision of this Article VII by any other Owner. 26. Restrictions/Conditions Imposed By County. All Lot Owners shall use and occupy their respective Lots in conformity to all governmental regulations applicable thereto. Declaration of Covenants Conditions and Restrictions for Pioneer Glen Page 16 of 28 ARTICLE VIII ARCHITECTURAL APPROVAL 1. Approval of Improvements Required. The approval of the Design Review Committee shall be required for any Improvement to Property on any Lot, except (a) for any Improvement to Property made by Declarant; (b) where approval is not reasonably required to carry out the purposes of this Declaration as determined by the Design Review Committee; or (c) where prior approval of Improvements to Property may be waived or certain Improvements to Property may be exempted in writing or under written guidelines or rules promulgated by the Design Review Committee. 2. Improvement to Property Defined. "Improvement to Property" requiring approval of the Design Review Committee shall mean and include, without limitation, any of the following occurring within the Common Interest Community: (a) the construction, installation, erection, or expansion of any building, structure, or other Improvement, including utility facilities and fences; (b) the demolition, destruction or removal, by voluntary action, of any building, structure, tree, vegetation or other Improvement; (c) the grading, excavation, filling, or similar disturbance to the surface of the land including, without limitation, change of grade, change of ground level, change of drainage pattern, or change of stream bed; and (d) any change or alteration of any previously approved Improvement to Property, including any change of exterior appearance, color, or texture occurring. 3. Membership of Committee. The Design Review Committee shall consist of three (3) members, all of whom shall be initially appointed by Declarant. Declarant shall have the continuing right to appoint all three (3) members during the Appointment Period (as hereinafter defined). During the period of development of the Common Interest Community while Declarant has rights to appoint members of the Design Review Committee, Declarant shall give the Association written notice of the appointment or removal of any member of the Design Review Committee. The "Appointment Period" shall mean the period of time commencing as of the date of Recordation of this Declaration and continuing until the earliest to occur of the following events: (a) when all Lots which may be created within the Common Interest Community have been conveyed to Persons other than Declarant and certificates of occupancy have been issued for the residences constructed thereon; or (b) when, in its discretion, Declarant voluntarily relinquishes such right. Members of the Design Review Committee may but shall not necessarily be Members of the Association. After expiration of the Appointment Period, members of the Design Review Committee shall be appointed by the Association. Members of the Design Review Committee appointed by the Association may be removed at any time by the Association, and shall serve for such term as may be designated by the Association or until resignation or removal by the Association. After the expiration of the Appointment Period, the Association may at any time and from time to time change the authorized number of members of the Design Review Committee. 4. Establishment of Subcommittees. The Design Review Committee shall have the right to establish subcommittees ("Covenant Committees") to review the modifications to Declaration of Covenants Conditions and Restrictions for Pioneer Glen Page 17 of 28 • Improvements upon Lots after the initial construction thereof has been completed and a certificate of occupancy has been issued thereon, and for enforcement of compliance with this Declaration and any Supplemental Declaration applicable to a Lot. For purposes of this Declaration, all references to the Design Review Committee shall also refer to any Covenant Committee. The procedures for establishment, the rights and duties thereof, and the limitations thereon shall be established and adopted by the Design Review Committee. 5. Address of Design Review Committee. The address of the Design Review Committee shall be at the principal office of the Association. 6. Submission of Plans. Prior to submission of building plans to the County for a building permit when applicable and prior to commencement of work to accomplish any proposed Improvement to Property, the Person proposing to make such Improvement to Property ("Applicant") shall submit to the Design Review Committee at its offices such descriptions, surveys, plot plans, drainage plans, elevation drawings, construction plans, specifications, and samples of materials and colors as the Design Review Committee shall reasonably request showing the nature, kind, shape, height, width, color, materials, and location of the proposed Improvement to property. The Applicant shall be entitled to receive a receipt for the same from the Design Review Committee or its authorized agent. The Design Review Committee may require submission of additional plans, specifications, or other information prior to approving or disapproving the proposed Improvement to Property. Until receipt by the Design Review Committee of all required materials in connection with the proposed Improvement to Property, the Design Review Committee may postpone review of any materials submitted for approval. 7. Criteria for Approval. The Design Review Committee shall approve any proposed Improvement to Property only if it deems in its reasonable discretion that the Improvement to Property in the location indicated will not be detrimental to the appearance of the surrounding areas of the Common Interest Community as a whole; that the appearance of the proposed Improvement to Property will be in harmony with the surrounding areas of the Common Interest Community; that the Improvement to Property will not detract from the beauty, wholesomeness, and attractiveness of the Common Interest Community or the enjoyment thereof by Owners; that the upkeep and maintenance of the proposed Improvement to Property will not become a burden on the Association; and that the proposed Improvement to Property does not affect the drainage plan for the Common Interest Community or any portion thereof. The Design Review Committee may condition its approval of any proposed Improvement to Property upon the making of such changes therein as the Design Review Committee may deem appropriate. 8. Design Guidelines. The Design Review Committee may issue standards or rules ("Design Guidelines") relating to the procedures, materials to be submitted, fees, and additional factors which will be taken into consideration in connection with the approval of any proposed Improvement to Property. The Design Guidelines may specify circumstances under which the strict application of limitations or restrictions under this Declaration (which are not substantial or material in nature) will be waived or deemed waived in whole or in part Declaration of Covenants Conditions and Restrictions for Pioneer Glen Page 18 of 28 because of a change in applicable laws or because strict application of such limitations or restrictions would be unreasonable or unduly harsh under the circumstances. The Design Guidelines may waive the requirement for approval of certain Improvements to Property or exempt certain Improvements to Property from the requirement for approval, if such approval is not reasonably required to carry out the purposes of this Declaration and such Improvements are not substantial in nature. 9. Design Review Fee. The Design Review Committee may, in the Design Guidelines, provide for the payment of a fee to accompany each request for approval of any proposed Improvement to Property. The Design Review Committee may provide that the amount of such fee shall be uniform for similar types of any proposed Improvement to Property or that the fee shall be determined in any other reasonable manner, such as based upon the estimated cost of the proposed Improvement to Property. The Design Review Committee may further provide that the amount of any such design review fee include engineering consultant and other fees reasonably incurred by the Association in reviewing any proposed Improvement to Property. 10. Decision of Committee. Any decision of the Design Review Committee shall be made within thirty (30) days after receipt by the Design Review Committee of all materials required by the Design Review Committee, unless such time period is extended by mutual agreement. The decision shall be in writing and if the decision is not to approve a proposed Improvement to Property, the reasons therefor shall be stated. The decision of the Design Review Committee shall be promptly transmitted to the Applicant at the address furnished by the Applicant to the Design Review Committee. 11. Failure of Committee to Act on Plans. Any request for approval of a proposed Improvement to Property shall be deemed approved, unless disapproval or a request for additional information or materials is transmitted to the Applicant by the Design Review Committee within thirty (30) days after the date of receipt by the Design Review Committee of all required materials. 12. Completion of Work After Approval. Following the approval of any proposed Improvement by the Design Review Committee, the proposed Improvement shall be completed by such Owner: (a) as promptly and diligently as possible but in no event in excess of the time periods set forth below; (b) in substantial conformance with all plans and specifications and other materials presented to the Design Review Committee; and (c) in accordance with any and all conditions imposed by the Design Review Committee. In accordance with the foregoing, all Improvements approved by the Design Review Committee shall be completed (a) within eighteen (18) months from the date of approval of such Improvements by the Design Review Committee; provided, however, that any and all landscaping and/or gardening approved by the Design Review Committee which is related to the construction of the initial dwelling unit for a Lot shall be completed within thirty (30) days of the issuance of the certificate of occupancy for such dwelling unit or within such time period as the Design Review Committee may otherwise prescribe. In all cases, the Design Review Committee must issue a "Notice of Satisfactory Completion of Improvement to Property" or as Declaration of Covenants Conditions and Restrictions for Pioneer Glen Page 19 of 28 • • "Conditional Notice of Satisfactory Completion of Improvement to Property" prior to the application for an issuance of a certificate of occupancy from the County. Failure to comply with the terms and conditions of this provision shall constitute noncompliance with the terms and provisions of this Declaration and the Association shall have the right to invoke all rights and remedies provided to the Association hereunder, including but not limited to, the imposition of fines and penalties. 13. Notice of Completion. Upon completion of the Improvement to Property, the Applicant shall give written Notice of Completion to the Design Review Committee. Until the date of receipt of such Notice of Completion, the Design Review Committee shall not be deemed to have notice of completion of such Improvement to Property. 14. Inspection of Work. The Design Review Committee or its duly authorized representative shall have the right to inspect any Improvement to Property prior to or after completion, provided that the right of inspection shall terminate fourteen (14) days after the Design Review Committee shall have received a Notice of Completion from Applicant. 15. Notice of Satisfactory Completion of Improvement to Property. After inspection of the Improvement to Property, the Design Review Committee will issue a Notice of Satisfactory Completion of Improvement to Property if the Improvements were completed in conformity with the plan, description, and materials furnished to and approved by the Design Review Committee, and any conditions imposed by the Design Review Committee. Upon such receipt of Notice of Satisfactory Completion of Improvement to Property, the Applicant may proceed to request a certificate of occupancy from the County. 16. Notice of Noncompliance. If, as a result of inspections or otherwise, the Design Review Committee finds that any Improvement to Property has been done without obtaining the approval of the Design Review Committee or was not done in complete conformity with the description and materials furnished to, and any conditions imposed by, the Design Review Committee or was not completed within eighteen (18) months after the date of approval by the Design Review Committee or such shorter period as specified herein or in writing by the Design Review Committee, the Design Review Committee shall notify the Applicant in writing of the noncompliance, which notice shall be given, in any event, within fourteen (14) days after the Design Review Committee receives a Notice of Completion from the Applicant. The notice shall specify the particulars of the noncompliance and shall require the applicant to take such action as may be necessary to remedy the noncompliance. If a Notice of Noncompliance has been issued by the Design Review Committee, the Applicant may post a Performance Guaranty, as hereinafter defined, sufficient to bring the Improvement to Property into compliance with the Design Review Committee; provided however, that the Design Review Committee shall not be required to accept such Performance Guaranty. Such Performance Guaranty must be in an amount sufficient to remedy any noncompliance, as determined by the Design Review Committee in its sole and absolute discretion. After posting such Performance Guaranty with the Association, the Design Review Committee may then issue a Conditional Notice of Satisfactory Completion of Improvement to Property. Such Declaration of Covenants Conditions and Restrictions for Pioneer Glen Page 20 of 28 Conditional Notice shall grant authorization for the Applicant to request a certificate of occupancy from the County. 17. Performance Guaranty for Noncompliance or Incompletion. If the Applicant wishes to apply for and obtain a certificate of occupancy from the County prior to completion of landscaping and/or prior to correction of a minor noncompliance, the Applicant may request to post a bond, letter of credit or cash escrow in an amount equal to the estimated cost of completing such work ("Performance Guaranty"); provided however the Design Review Committee shall not be required to accept such Performance Guarantee. The Performance Guaranty shall be used by the Association to ensure completion of such work in accordance with the time periods for completion established hereunder and the plans for such work as approved by the Design Review Committee. The form, content and terms of the Performance Guaranty shall be determined by the Design Review Committee in its sole and absolute discretion. If the Design Review Committee accepts the Performance Guaranty for the completion of landscaping and/or remedy of noncompliance, then the Design Review Committee shall issue a Conditional Notice of Satisfactory Completion to Improvement to Property. Such Conditional Notice shall grant authorization for Applicant to request a certificate of occupancy from the County. All premiums, costs and expenses related thereto shall be the obligation of the Owner. Any surety or financial institution issuing a payment and performance bond or letter of credit hereunder shall be authorized to do business in Colorado and shall be acceptable to the Design Review Committee. If any Owner fails to complete the landscaping work or fails to remedy the noncompliance, in accordance with the provisions of the Declaration, subject to delays beyond the reasonable control of such Owner, the Association is authorized under the provisions of the Declaration to enter upon the Lot of such Owner to complete the landscaping work and or remedy the noncompliance in accordance with the plans therefore, draw upon the Performance Guaranty for all costs incurred by the Association relating to the completion of the landscaping work or relating to the remedy of noncompliance and levy a Reimbursement Assessment against such Owner for all costs and expenses incurred by the Association in completing such landscape work or in remedying such noncompliance which are not otherwise covered by the Performance Guaranty, including any costs and expenses of collection and attorney's fees. Upon satisfactory completion of landscaping and/or remedy of noncompliance, the Applicant shall give written Notice of Completion to the Design Review Committee. If the Design Review Committee finds the improvements satisfactory, a Notice of Satisfactory Completion of Improvements to Property shall be issued by the Design Review Committee within fourteen (14) days of receipt of Notice of Completion and any funds being held by the Association as a Performance Guarantee shall be released to Applicant within seven (7) days of the issuance of the Notice of Satisfactory Completion of Improvements to Property. 18. Failure of Committee to Act After Completion. If, for any reason other than the Applicant's act or neglect, the Design Review Committee fails to notify the Applicant of any noncompliance within fourteen (14) days after receipt by the Design Review Committee of written Notice of Completion from the Applicant, the Improvement to Property shall be deemed in compliance if the Improvement to Property was, in fact, completed as of the date Declaration of Covenants Conditions and Restrictions for Pioneer Glen Page 21 of 28 • • • • of Notice of Completion and the Applicant may proceed to request a certificate of occupancy from the County. • • 19. Appeal to Association of Finding of Noncompliance. If the Design Review Committee gives any notice of noncompliance, the Applicant may appeal to the Association by giving written notice of such appeal to the Association and the Design Review Committee within thirty (30) days after receipt of the notice of noncompliance by the Applicant. If, after a notice of noncompliance, the Applicant fails to commence diligently to remedy such noncompliance, the Design Review Committee shall request a finding of noncompliance by the Association by giving written notice of such request to the Association and the Applicant within sixty (60) days after delivery to the Applicant of a notice of noncompliance from the Design Review Committee. In either event, the Association shall hear the matter in accordance with the provisions of the Bylaws for Notice and Hearing, and the Association shall decide whether or not there has been such noncompliance and, if so, the nature thereof and the estimated cost of correcting or removing the same. 20. Correction of Noncompliance. If the Association determines that a noncompliance exists, the Applicant shall remedy or remove the same within a period of not more than forty-five (45) days from the date of receipt by the Applicant of the ruling of the Association. If the Applicant does not comply with the Association ruling within such period, the Assocaition may, at its option, record a Notice of Noncompliance against the real property on which the noncompliance exists, may enter upon such property and remove the noncomplying Improvement to Property, or may otherwise remedy the noncompliance, and the Applicant shall reimburse the Association, upon demand, for all expenses incurred therewith. If such expenses are not promptly repaid by the Applicant or Owner to the Association, the Association may levy a Reimbursement Assessment against the Owner of the Lot for such costs and expenses. The right of the Association to remedy or remove any noncompliance shall be in addition to all other rights and remedies which the Association may have at law, in equity, or under this Declaration. The Applicant and Owner of the Lot shall have no claim for damages or otherwise on account of the entry upon the Property and removal of the noncomplying Improvement to Property. 21. No Implied Waiver or Estoppel. No action or failure to act by the Design Review Committee or by the Association shall constitute a waiver or estoppel with respect to future action by the Design Review Committee or the Association with respect to any Improvement to Property. Specifically, the approval of the Design Review Committee of any Improvement to Property shall not be deemed a waiver of any right or an estoppel to withhold approval or consent for any similar Improvement to Property or any similar proposals, plans, specifications, or other materials submitted with respect to any other Improvement to Property. 22. Committee Power to Grant Variances. The Design Review Committee may authorize variances from compliance with any of the provisions of this Declaration, including restrictions upon height, size, floor area, or placement of structures or similar restrictions, when circumstances such as topography, natural obstructions, hardship, aesthetic or environmental consideration may require. Such variances must be evidenced in writing and Declaration of Covenants Conditions and Restrictions for Pioneer Glen Page 22 of 28 shall become effective when signed by at least a majority of the members of the Design Review Committee. If any such variance is granted, no violation of the provisions of this Declaration shall be deemed to have occurred with respect to the matter for which the variance was granted; provided, however, that the granting of a variance shall not operate to waive any of the provisions of this Declaration for any purpose except as to the particular property and particular provision hereof covered by the variance, nor shall the granting of a variance affect in any way the Owner's obligation to comply with all governmental laws and regulations affecting the property concerned, including, but not limited to, zoning ordinances and setback lines or requirements imposed by any governmental authority having jurisdiction. 23. Meetings of Committee. The Design Review Committee shall meet from time to time as necessary to perform its duties hereunder. The Design Review Committee may from time to time, by resolution in writing adopted by a majority of the members, designate a representative (the "Committee Representative") (who may but need not be one of its members) to take any action or perform any duties for or on behalf of the Design Review Committee, except the granting of approval to any Improvement to Property and granting of variances. The action of such Committee Representative within the authority of such Committee Representative or the written consent or the vote of a majority of the members of the Design Review Committee shall constitute action of the Design Review Committee. 24. Records of Actions. The Design Review Committee shall report in writing to the Association all final actions of the Design Review Committee, and the Association shall keep a permanent record of such reported action. 25. Nonliability of Committee Action. There shall be no liability imposed on the Design Review Committee, any member of the Design Review Committee, any Committee Representative, the Association, or Declarant for any loss, damage, or injury arising out of or in any way connected with the performance of the duties of the Design Review Committee unless due to the willful misconduct of the party to be held liable. In reviewing any matter, the Design Review Committee shall not be responsible for reviewing, nor shall its approval of an Improvement to Property be deemed approval of the Improvement to Property from the standpoint of safety, whether structural or otherwise, or conformance with building codes or other governmental laws or regulations. In accordance with the foregoing, any Owner seeking the approval of the Design Review Committee for any matter shall provide the Design Review Committee with a written waiver reaffirming the foregoing and releasing the Design Review Committee, any Member of the Design Review Committee, any Committee Representative, the Association and the Declarant from any and all liability arising from or related to the Design Review Committee's approval of such Improvement. 26. Construction Period Exception. During the course of actual construction of any permitted structure or Improvement to Property, and provided construction is proceeding with due diligence, the Design Review Committee shall temporarily suspend the provisions contained in this Declaration as to the Property upon which the construction is taking place to the extent necessary to permit such construction, provided that, during the course of any such construction, nothing is done which will result in a violation of any of the provisions of this Declaration of Covenants Conditions and Restrictions for Pioneer Glen Page 23 of 28 • • • • • • Declaration upon completion of construction and nothing is done which will constitute a nuisance or unreasonable interference with the use and enjoyment of other property. The Design Review Committee shall promulgate rules and regulations concerning the use of temporary sanitary facilities and trash dumpsters, type of construction vehicles allowed on and use of the streets, roads, and rights-of-way located within the Common Interest Community and Association Properties, and other activities associated with the construction of Improvements to Property, provided said rules and regulations shall not interfere with the rights existing under the Permitted Exceptions. ARTICLE IX IRRIGATION WATER AND SYSTEM Any irrigation water from the Colorado River available to the Lots will be quitclaimed and transferred by Declarant to the Lot Owners. The water from these sources shall be used, administered and applied by the Owners of all Lots in accordance with Rules and Regulations promulgated by the Association, including without limitation, the scheduling of irrigation use on each Lot by the Association Manager. All irrigation shall be accomplished by and through the irrigation lines installed and maintained to each of the above described Lots under the provisions hereof. ARTICLE X DEDICATION AND TRANSFER OF ROAD, UTILITY, IRRIGATION, DRAINAGE, ACCESS EASEMENTS, AND OPEN SPACE Declarant hereby dedicates, quit claims and transfers to the Association the following easements and open space for the purpose and upon the conditions and restrictions specified, to with: Non-exclusive easements for roadway and pedestrian access and utilities, irrigation easements, and open space over and across that real property described on Exhibit A attached hereto and incorporated herein by this reference and indicated, designated and described on the Plat recorded at Reception No. in the office of the Garfield County Clerk and Recorder. The dedication, quit claim and transfer of the above described easements and open space is made to the Association for the use and benefit of the Lots served thereby. Declaration of Covenants Conditions and Restrictions for Pioneer Glen Page 24 of 28 ARTICLE XI CONDEMNATION Whenever all or any part of the Common Facilities shall be taken (or conveyed in lieu of and under threat of condemnation by the Association through Owners Action) by any authority having the power of condemnation or eminent domain, each Lot Owner shall be entitled to notice thereof and to participate in the proceedings incident thereto, unless otherwise prohibited by law. The award made for such taking shall be payable to the Association and used for its purposes herein enumerated. ARTICLE XII GENERAL PROVISIONS 1. Benefits/Burdens. The covenants, conditions and restrictions of this Declaration and the benefit of easements hereby granted to the Association shall run with title to the Lots and shall inure to the benefit of the Lot Owners and shall be enforceable by the Declarant, or the Association, its Association Manager or any of the Lot Owners. 2. Indemnification. The Association shall indemnify Declarant and any persons acting in the capacity of Association Manager against any and all expenses, including attorneys❑ fees and costs reasonably incurred by or imposed upon said Declarant or Association Manager in connection with any action, suit or other proceeding (including settlement of any suit or proceeding) to which the Declarant or Association Manager may be a party by reason of any actions, contracts, agreements or other activity undertaken by the Declarant or Association Manager before or after the making of this Declaration. The Declarant or Association Manager shall not be liable for any mistake of judgment, negligent or otherwise, except for willful misfeasance, malfeasance, misconduct or bad faith. The Declarant or Association Manager shall have no personal liability with respect to any contract or other conunitment made by them, in good faith, with respect to the Common Facilities or otherwise, on behalf of the Association, and the Association shall indemnify, save and forever hold such Declarant or any Association Manager free and harmless against any and all liability to any other party on account of any such contract or commitment. Any right to indemnification provided for herein shall not be exclusive or any other rights to which Declarant or any Association Manager may be entitled in this regard. 3. Amendment or Modifications. a) This Declaration may be amended or modified in any particular by the Declarant so long as Declarant is the Owner of two (2) or more Lots. b) At any time subsequent to the conveyance of at least four (4) of the Lots by Declarant, the Lot Owners may amend or modify this Declaration in any particular by a written instrument executed by the Owners of not less than four (4) of the Lots, and recorded in the records of the County. Provided further, that no such amendment or modification of Declaration of Covenants Conditions and Restrictions for Pioneer Glen Page 25 of 28 • • • • • • this Declaration which affects or purports to affect any rights accorded to or reserved by the Declarant herein shall be operable or effective unless the aforementioned instrument of amendment or modification is also executed by Declarant. 4. Severability. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provisions which remain in full force and effect. 5. Perpetuities. If any of the covenants, conditions and restrictions of this Declaration shall be unlawful, void or voidable for violation of the rule against perpetuities, then such provisions shall continue only until twenty-one (21) years after the date of this Declaration. 6. Non -Waiver. The failure of Declarant, the Association, the Association Manager, or a Lot Owner to object to any breach of or failure to comply with the provisions of this Declaration or any Rules and Regulations of the Association by a person subject thereto shall in no event be deemed a waiver of any right to object to the same and to seek compliance therewith at any time. 7. Captions. Article and paragraph or section captions, headings, or titles inserted throughout this Declaration are intended solely as a means of convenience and reference and in no way shall such captions, heading or titles define, limit or in any way affect any of the substantive terms and provisions of this Declarant. 8. Context. Whenever the context requires, any pronoun used herein shall be deemed to mean both the feminine and masculine gender, and the singular shall be deemed to also encompass the corresponding plural. Declaration of Covenants Conditions and Restrictions for Pioneer Glen Page 26 of 28 IN WITNESS WHEREOF, the undersigned Declarant has executed this Declaration of Covenants, Conditions and Restrictions and Grant of Easements for certain property lying within Section 24, Township 7, South, Range 96 West, Garfield County, Colorado the day and year first above written. SPECIALTY RESTAURANTS CORPORATION By: STATE OF ) ) SS COUNTY OF ) On this day of , 2008, before me appeared , to me known, and who, being by me duly sworn, did say that he is of the , a corporation. IT WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal at my office in , the day and year last above written. SEAL Notary Public in and for said County and State My term expires: Declaration of Covenants Conditions and Restrictions for Pioneer Glen Page 27 of 28 • • • • • IN WITNESS WHEREOF, the undersigned Declarant has executed this Declaration of Covenants, Conditions and Restrictions and Grant of Easements for certain property Tying within Section 24, Township 7, South, Range 96 West, Garfield County, Colorado the day and year first above written. STATE OF ) SS COUNTY OF On this SPECIALTY RESTAURANTS CORPORATION qday of J 2008, before me appeared CIL tu-t:41Ark.A/- corporation. , to me known, and who, being by me duly sw'i n, did say that he is of the�Q ,a IT WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal at my office in /4 RI A• #6--- ( , the day and year last above written. SEAL My term expires: 3-21-16 .Notary Pic in and for said County and State LYNETTE M. KELLUM Commission # 1653359 Notary Public - California Orange County My Comm. Expires Mar 21. 2010 Declaration of Covenants Conditions and Restrictions for Pioneer Glen Page 27 of 28 EXHIBIT A PLAT • • • • • m IA (in xvm • S SUBJECT TO GARFIELD COUNTY ADMINISTRATIVE PER 5 58" 3�m $A> $00 9515 *Rn 2a8 21 zm z; ; m2 o87;'j m»G2D20 0 r0''- '0 m opO Z, ' �oe'1 n 6 0 - O II � A O N N W O A Uo0o11 D- POOWtnNV FO > cnV AtnNO na .0.-o 5;n�mD� v Zii yz v� N pp Dy m J O> OI-> n U 4 .;,,-.,•,- T.2 D ms��m'om 'Gn nNwV OOV AA\.\O AAA�A� oz " p H 4 ^ �. n 000000 o m wO It I+ 0pa • - 0 FNwwwwmti mmmmmm 8 g g 5 A 0� 5 b00000 c Amo n TWTNT N TWTNT > i i n m°n c x � 2 n n 1 mga v Cy Z m9m toOmm IS3Md%3 NOISSMWOD AN g 0955 5 g IN WITNESS WHEREOF SAID OWNER HAS CAUSED HIS NAME TO BE HEREUNTO SUBSCRIBED TMS DAY OF 0 nEpi nEhi mm9ga s $Ayg i'A 00'21 " Pang; i1.0; �xn�o €At�o 2 i -!� iA�nc� N 1B�a ag "o Po �g o`=ga g� 2 "Niyvmi m =�m c� 2 oA=>$A 2.44' gi 5 i2=Rg4 o�ms !8' $g I �o2 ;PRT > a In $ mq 6=7x5 a 4552" B h $ 9R �o$$o !gill 75$ oa%›> 58€^4R g 2 icA, `g g'zom g 1. 8222'4 gRgrx" z m zlzngml m0 ��"S " 4 dsggyqy M8`1 g m *pOmL OjCo PM 1 7 '� i Rug. A 69 O_PP T 59,90 V a>g; �1 ; �—I-0c�_D ;!1! x O2, OO St Z �ms N5 -6•O 0) rn =dig V r r-NU m, o op :-- c� ��� VJ cn O z m v W sb co Q rr�D rn- a)s-0Cn� co O Z .0 ca. ---,'< O ---4, ,.1.W rn O O1' . a_n)cC) ".`�l' 1>i<1 �. :CI 6. x O • N2 Z �a 0 428188882' 2222222229 9999999991 PiPPPPPPii 111881111. mu2Mun0uT: UMEN 999899999 RRRRRRRRR^ 0 2 X R 9 XX 21 50 AR a4 8' gm $Q z� P. A 2 9X5 4g' g�$ a2 g.; PA $R2 2.vOR >0m 5215 gm ?':g s=� Qog 8Pm415 555 m8! Mc ER Ib Rg 1 8 • • 0488 uIX11088 9 � 09 244.00=1„ N I m.. qo LLL d 699 4009 91 ON ,OL'96Y VJ En Z v 3.91,9YS9N TTVD$ JIHdV?iD 9 i i m Lir 2. 8 8 8 2. 9 2,4 33 N ni 8 8 Fr' `7 d 1 �NauN ug e m9 au .0 .2 _ �22au.uv oe 2 _ oSm 280,2C22 CURVE TABLE CURVE I RADIUS I LENGTH 1 TANGENT (CHORD BEARING( CHORD 1 DELTA o?oovgoSooNmUUolmtiomgm�Uffimo°°"oo8tio886 v�ov�S.�,-e._mmgoemv�imgRvaUm msUomm>..g,u"')�~mouflP�21mwouooum ,,,Ag,eaNmut�: mFmmmFmmFFm£bFF �,mpjoE'mU�u:emJ>uvN 1^ mF mmFmF m£ uF mF � £m m F ' %k3 m& v '2361"kms. _ m 7. i xw�NmUa.UNv''m�N�mmNamNmm'aa "1".',;0'61.Y1' ;� ��.....0..-.:0„9-. :aN. -13 r- a c) m• -21? ate `Y 0 O (74:- ehZ 1 Goz(D c �D n Qo a. n d • cn ocn� �-0 z-4 r,S74 o mom• ZiX O ca VJ 0 St • EXHIBIT B IDIVIDUAL SEWAGE DISPOSAL SYSTEM DESIGN AND PERFORMANCE STANDARDS • • BOUNDARIES UNLIMITED INC. Consulting & Civil Engineers PIONEER GLEN SUBDIVISION ISDS DESIGN AND PERFORMANCE STANDARDS Page 1 of 2 October 22, 2007 The Preliminary Plat Geotechnical Study by CTL -Thompson, Inc. indicated that the soil conditions of the property consist of up to about one foot of topsoil overlying sandy clay or silt over silty sand or slightly silty gravel with cobbles and boulders. The excavation of percolation test holes revealed soil conditions similar to those presented in the geotechnical study. Percolation test results ranged between 27 and 40 minutes/inch. Based on the available information and test results, site conditions are marginally favorable, but workable, for the installation of engineered ISDS's on each lot. Each ISDS installed within the Subdivision shall comply with the Garfield County ISDS Regulations and the following additional requirements: A. each system shall be designed by a professional engineer registered in the State of Colorado pursuant to Colo. Rev. Stat. §12-25-111 (1999); • B. each system design shall adequately address the soil percolation conditions present at the Lot site, which percolation rates shall be verified through appropriate on-site testing of at least three (3) test pits at least twenty (20) feet apart and within ten (10) feet of the leach field footprint. C. each system shall be designed to adequately service the number of bedrooms within the residence, but no less than three (3) bedrooms; D. the tops of all tanks or risers extending there -from shall be surface accessible to facilitate system maintenance, monitoring and inspections; E. trench segments with at least (6) feet of separation shall be used whenever practically feasible. Monitoring pipes shall be installed at each end of each trench segment (minimum of two monitoring pipes) to allow inspection of field conditions. If a bed must be utilized, a single zone shall be acceptable. If mounding is required to establish (4) feet of suitable soil, a single pressure dosed zone shall be acceptable. If a bed or mound is used, minimum of (2) monitoring pipes shall be installed at ends of the bed or mound; F. absorption fields or trenches shall adhere to minimum setbacks as regulated by the Colorado Department of Health, Guidelines on Individual Sewage Disposal Systems, most recent edition; G. proper mitigation (diversion) of drainage and flood irrigation for the absorption field or trench areas shall be included in the design and construction; • 823 Blake Avenue I Suite 102 I Glenwood Springs I Colorado 81601 I Ph 970.945.5252 I Fax 970.384.2833 111 BOUNDARIES UNLIMITED INC. Consulting & Civil Engineers PIONEER GLEN SUBDIVISION ISDS DESIGN AND PERFORMANCE STANDARDS Page 2 of 2 October 22, 2007 H. each system be designed with sufficient area specifically allocated for a reserve leach field to ensure that a future replacement is possible. The reserve leach field shall meet the same design criteria as the primary field and shall not be constructed over with driveways, buildings or other permanent structures; and I. discharges from in-house water treatment devices (water softeners, reverse osmosis systems, etc) shall not be disposed of through the ISDS system and septic tanks shall be fitted with an effluent filter. Following ISDS installation, each Owner shall provide the Association and Garfield County Department of Building and Planning with as -built drawings in relation to the other improvements on the Lot, to scale, depicting the location and dimensions of the ISDS facilities including the absorption field and monitoring pipes, all applicable design, operation and maintenance specifications of the system's manufacturer and written certification from the design engineer that the ISDS was installed in conformance with the requirementg above stated and all applicable design specifications of the manufacturer. In the event the Association fails to properly implement and enforce the design and performance standards set forth in this paragraph, the Board of County Commissioners for Garfield County, Colorado and its duly authorized representatives and agents, shall have all the right to enter upon the property and implement and enforce such standards at the expense of the Association or exercise any other right or power afforded under this Restatement including, but not limited to, the initiation of appropriate proceedings in the District Court for Garfield County, Colorado, to compel enforcement of the same. The provisions of this paragraph shall not be amended or repealed by the Homeowners Association or Lot Owners without the written consent of the Board of County Commissioners for Garfield County, Colorado. 823 Blake Avenue I Suite 102 I Glenwood Springs I Colorado 81601 I Ph 970.945.5252 I Fax 970.384.2833 BOUNDARIES UNLIMITED INC. Consulting & Civil Engineers PIONEER GLEN SUBDIVISION ISDS MANAGEMENT PLAN Page 1 of 2 October 22, 2007 A. In order to ensure that each ISDS installed within the Subdivision is inspected on a regular basis and properly maintained, the responsibility and authority for such inspection and maintenance shall be vested exclusively within the Association. This management plan is not intended to provide for common ownership of the ISDS(s) or to provide common funding for the construction, repair or replacement thereof, such ownership and responsibility for construction, repair and maintenance to remain with the Owner. 1. In accordance with the above, the Association shall: a. retain at all times, the services of qualified personnel to inspect the ISDS(s) and to perform all maintenance and repairs necessary to ensure that same are installed properly, remain in good operating condition and comply with the performance requirements set forth within the ISDS DESIGN AND PERFORMANCE STANDARDS. b. Inspect the operating components of each ISDS within (30) days of being placed into operation; thereafter, each ISDS shall be inspected every year and the septic tank pumped at the time that solids (settled and floating) accumulate to a level of 20-30 percent of the effective capacity of the tank. c. maintain at all times written or other permanent records documenting the date each ISDS was inspected or tested, the results of such inspections or tests and the extent of all maintenance and/or repairs performed. All documents maintained by the Association pursuant to this provision shall at all times be available for inspection by Lot Owners and/or authorized representatives Garfield County. 2. The following provisions shall apply in the event the estimated maintenance or repair costs required of any ISDS exceed in total during any one calendar year, $1000.00: a. the Association shall give the Lot Owner and Garfield County Department of Building and Planning written notice of the nature and extent of the work necessary, to return the ISDS to good operating condition and/or bring the ISDS System within the performance requirements set forth within the ISDS DESIGN AND PERFORMANCE STANDARDS; and b. within (10) days of receipt of such notice, Owner shall at his or her own expense submit an application for an ISDS Permit to Garfield County to repair or replace the ISDS; and c. within (30) days of receipt of such Permit, Owner shall at his or her own expense cause to be completed, the repairs set forth within the notice. In the event Owner fails to complete such rep within this the period to the satisfaction of the Association, the Association shall have the authori , 823 Blake Avenue I Suite 102 I Glenwood Springs I Colorado 81601 I Ph 970.945.5252 I Fax 970.384.2833 POBOUNDARIES UNLIMITED INC. • • Consulting & Civil Engineers PIONEER GLEN SUBDIVISION ISDS MANAGEMENT PLAN Page 2 of 2 October 22, 2007 in addition to any other remedy provided within this Restatement, to take any of the following actions: i. to impose against Owner, a fine not to exceed $200.00 for each day in which the ISDS System remains unrepaired; ii. to complete on behalf of the Owner the required repairs to the ISDS. All costs included by the Association in connection with the restoration shall be reimbursed to the Association by the Owner of the Lot, upon demand. All un -reimbursed costs shall be a lien upon the Lot until reimbursement is made which may be enforced in accordance with the provisions of this Restatement; and/or 3. In the event the Association fails to properly implement and enforce the provisions of this management plan set forth in this Article, the Board of County Commissioners for Garfield County, Colorado and its duly authorized representatives and agents, shall have all the right to enter the Subdivision and implement and enforce such provisions at the expense of the Association or exercise any other right or power afforded under this Restatement including, but not limited to, the initiation of appropriate proceedings in the District Court for Garfield County, Colorado, to compel enforcement of the provisions of this management plan. B. To encourage the health and longevity of the ISDS system, the Owner shall consider the following; 1. Minimize the amount of water that goes down the drain, the better your system will work. 2. Minimize solids going down the drain. 3. Eliminate garbage disposals or keep the use of garbage disposals to a minimum. 4. Minimize grease and oils that go down the drain. 5. Use lint filters on laundry machine drains. 6. Keep sand and dirt out of the building drain. 7. Avoid flushing sanitary napkins or paper products other than toilet paper. 8. Do not use lye -based drain unclogger chemicals such as Draino, Oven -Off, or other strong cleaning agents 9. Do not put any "root deterrents" down the drain. 10. Do not pour paint thinner, pesticides, paints or photo lab chemicals down the drain 11. Minimize use of chlorine bleach and toilet additives. (from The Septic System Owner 's Manual, 2000, Shelter Publications, Inc., Bolinas, CA 92924) C. The provisions of this ISDS MANAGEMENT PLAN shall not be amended or repealed by the Homeowners, Association or Lot Owners without the written consent of the Board of County Commissioners for Garfield County, Colorado. 823 Blake Avenue I Suite 102 I Glenwood Springs I Colorado 81601 I Ph 970.945.5252 I Fax 970.384.2833 EXHIBIT C INTEGRATED VEGETATION AND WEED MANAGEMENT PLAN • • • • • Pioneer Glen Subdivision Integrated Vegetation and Noxious Weed Management Plan Garfield County, Colorado Photo 1. View from Stone Quarry Road North (Photo Pt. 1, Map, page 13). Clark Ecological Prepared for: Specialty Restaurants Corp. Attn: David Tallichet 8191 E. Kaiser Blvd. Anaheim, CA 92808 Prepared by: Bill Clark, Biologist Clark Ecological 1673 US HWY 50 Grand Junction, CO 81503 970-250-0275 In Coordination with: Boundaries Unlimited, Inc. Pioneer Glen Subdivision IVNWMP Page 1 of 13 Pioneer Glen Subdivision Integrated Vegetation and Noxious Weed Management Plan Introduction On August 22 and 29, 2006, site inspections of the subject property (see Map, page 13) located west of the Battlement Mesa RV Park, south of the Colorado River, and north of Stone Quarry Road (County Road 300) were conducted for the purpose of identifying appropriate topics for inclusion in an integrated vegetation and noxious weed management plan. Factors considered include soil type and texture, existing land management, absence or presence of listed noxious weeds and likely potential natural vegetation community. Landscape Setting Due to its location and complex topography where the Colorado River and its floodplain converge with the north slopes of the Battlements, Pioneer Glen Subdivision has three diverse vegetation communities. For a relatively small parcel of land, a complete native vegetation description is rather lengthy. Subdivision roads and areas with building potential are on the first terrace south of the Colorado River. Terrain is flat to gently sloping on this part of the parcel. Moderately steep to steep slopes along the east and southeast boundary are unsuitable for building and likely not to be disturbed (shaded areas on Map, page 13). A deep, ephemeral arroyo is well developed through the property. Along the 100 year floodplain boundary are vertical or nearly vertical drops to the floodplain (shaded areas on map, page 13). Soil where roads and buildings will likely be constructed is Nihill channery loam. Potts- Ildefonso complex is found on the steep slopes on the east and southeast of the parcel near where the street entrance to Stone Quarry Road is shown (Map, page 13). The active Colorado River flood prone area of the floodplain is torrifluvents soils (NRCS, 2006a) indicating high frequency aggradation/degradation riverine processes through the project reach of the river. Currently basin big sagebrush (Artemesia tridentata tridentata) with an understory mostly of cheatgrass (Bromus tectorum) dominates the flat or gently sloping usable terrain of the parcel. A sparse amount of thickspike wheatgrass (Elymus lanceolatus lanceolatus) and small burnett (Sanguisorba minor), a highly palatable introduced legume, can be found as understory in very limited areas of the basin big sagebrush meadow. In the arroyo through the project area can be found a few, single specimens of the listed noxious weeds, Russian olive and salt cedar or tamarisk. At the base of the steep hillside where it meets the sagebrush meadow, in a narrow band, is found a robust, dense shrubland vegetation community with basin big sagebrush, skunkbush sumac (Rhus trilobata), gambel oakbrush (Quercus gambeli), and yellow rabbitbrush (Chrysothamnus viscidijlorus spp.). The steep terrain above this shrubland has a robust, weed -free native vegetation community. In it are found Indian ricegrass (Achnatherum hymenoides), needle and thread (Hesperostipa comata comata), galleta (Pleuraphis jamesii), shadscale (Atriplex confertifolia) , and winterfat (Krascheninnikovia lanata). Clark Ecological Pioneer Glen Subdivision IVNWMP Page 2 of 13 • • • • Photo 2. All major vegetation communities can be seen in this photo viewing north from Photo Pt. 2, Map, page 13. Areas within the 100 year floodplain are heavily impacted in spots. In addition to native willows (Salix spp.), skunkbush sumac, and cottonwood (Populus spp.) both russian olive (Elaeagnus angustifolia) and salt cedar (Tamarix spp.) are found intermingled with desirable wetland species such as hardstem bulrush (Schoenplectus acutus). The two invasive species are mostly located in narrow stands just above an elevation at or near the elevation of the flood prone width of the Colorado River, side channels and ephemeral, highly eutrophic backwater ponds and swales within the 100 year floodplain. According to the Natural Resources Conservation Service of the U.S. Dept. of Agriculture, 2006b, potential natural vegetation for Nihill channery loam, the only soil type affected by the proposal, includes basin big sagebrush (Artemesia tridentata tridentata), western wheatgrass (Pascopyrum smithii), needle and thread (Hesperostipa comata comata), bluebunch wheatgrass (Pseudoroegneria spicatum spicatum), Indian ricegrass (Achnatherum hymenoides), and a sub- species of yellow rabbitbrush (Chrysothamnus viscidorus spp.). Current Amount of Infested Land Needing Treatment Clark Ecological Pioneer Glen Subdivision IVNWMP Page 3 of 13 While the majority of property is free of a density of listed noxious weed species, five Garfield County noxious weed species, in bold type in Table 1, were observed at locations shown on the Map on page 13. Common burdock, musk thistle, and Houndstongue plants were few in number. Nearly every notation for these four species on the map is for a single plant. Russian olive and salt cedar are few in number outside the 100 year floodplain of the Colorado River. Within the floodplain, both species are found in dense stands as described above. A few s . ecimens can be found within the arro o. Photo 3. View north from riverbank. Photo 4. View north from Photo Pt. 4. Table 1. Garfield County Listed Noxious Weeds Present at Pioneer Glen Subdivision. Common Name*/ USDA Symbol Scientific Name Type** Acres Control Methods Common Burdock ARMI2 Arctium minus B A few plants For this property and plan, cut and dig rosettes and bolting plants is recommended due to small number of plants. Re -seed with aggressive grasses. Herbicides shouldn't be necessary due to low infestation although next year's rosettes may be greater in number. Thistle, Musk CANU Carduus nutans B A few plants Till or hand grub in the rosette stage, mow at bolting or early flowering. Not enough plants to warrant seed head, rosette weevils, or leaf feeding beetles. Spot spray herbicides in rosette stage. Houndstongue CYOF Cynoglossum officinale Bplan A few Re -seed with aggressive grasses, remove at flowering or early seed, or apply herbicides at pre - bud or rosette stage. Russian olive ELAN Elaeagnus angustifolia P Heavy river bank Seedlings and sprouts easily hand -pulled when the soil is moist. Once established, cut -stump herbicide treatment most effective. Or, cut and bum stump. Salt cedar Tammarix spp. P Heavy river bank Here, cutting followed with immediate herbicide application or stump buming will be most effective. Re -plant with live plant materials. Effective long - term control typically involves a combination of treatments and requires a regional effort. *State of Colorado. 2000. Colorado Revised Statute 35-5-5. **A - Annual, B - biennial, P — perennial Clark Ecological Pioneer Glen Subdivision IVNWMP Page 4 of 13 • • • A species found on the State of Colorado "C" list at 8CCR1203-19, Bromus tectorum, cheatgrass, is common throughout the basin big sagebrush meadow and will be a nuisance in re- seeding and landscaping efforts. (Photo 1 and 2, senescent vegetative component). Photo 5. Common burdock and houndstongue invading undisturbed shrubs at Photo Pt. 3. Recommended Treatment Photo 6. Burdock rosette exhibiting extreme hardiness beneath senescent cheatgrass. It is important to know whether the target is annual, biennial, or perennial to select strategies that effectively control and hopefully eliminate the target. Treatment strategies are different depending on plant type and are summarized in Tables 2 and 3. Herbicides should not necessarily always be the first treatment of choice when other methods can be effectively employed. At Pioneer Glen, the houndstongue and common burdock can be controlled mechanically. Salt cedar and Russian olive on the terrace and in the ephemeral arroyo should be cut followed by herbicide treatment on both or stump burning of Russian olive. Table 2. Treatment Strategies for Annual and Biennial Noxious Weeds Target: Prevent Seed Production 1. Hand grub (pull), hoe, till, cultivate in rosette stage and before flowering or seed maturity. If seeds develop, cut and bag seed heads. 2. Chop roots with a spade below soil level. 3. Treat with herbicide in rosette or bolting stage, before flowering. 4. Mow biennials after bolting stage, before seed set. Mowing annuals will not prevent flowering but can reduce total seed production. Table 3. Treatment Strategies for Perennials Target: Deplete nutrient reserves in root system, prevent seed production 1. Allow plants to expend as much energy from root system as possible, do not treat when first emerging in spring but allow growth to bud/bloom stage. If seeds develop, cut and bag if possible. 2. Herbicide treatment at bud to bloom staee or in the fall (recommended). In the fall plants Clark Ecological Pioneer Glen Subdivision IVNWMP Page 5 of 13 Table 3. Treatment Strategies for Perennials Target: Deplete nutrient reserves in root system, prevent seed production draw nutrients into the roots for winter storage. Herbicides will be drawn down to the roots more efficiently at this time due to translocation of nutrients to roots rather than leaves. If the weed patch has been present for a long period of time, another season of seed production is not as important as getting the herbicide into the root system. Spraying in fall (after middle August) will kill the following year's shoots, which are being formed on the roots at this time. 3. Mowing usually is not recommended because the plants will flower anyway; seed production should be reduced. Many studies have shown that mowing perennials and spraying the re -growth is not as effective as spraying without mowing. Effect of mowing is species dependent; therefore, it is imperative to know the species and its basic biology. Timing of application must be done when biologically appropriate which is not necessarily convenient. 4. Tillage may or may not be effective. Most perennial roots can sprout from pieces only 1/2" - 1" long. Clean machinery thoroughly before leaving the weed patch. 5. Hand pulling is generally not recommended for perennial species unless you know the plants are seedlings and not established plants. Hand pulling can be effective on small patches but is very labor intensive because it must be done repeatedly. Following any control treatment, appropriate seeding or re -planting is imperative. The seed mix of grasses in this plan does not include forbs or shrubs. Shrubs and native wildflowers are adversely affected by herbicides much as the weeds are affected. Shrub, forb and tree components of the vegetation community can be added after control of undesirable species has been attained. Best Management Practices In all cases temporary disturbance should be kept to an absolute minimum. All disturbances should be immediately replanted with the recommended mix in the re -vegetation section. In areas with slope greater than 3%, imprinting of the seed bed is recommended. Imprinting can be in the form of dozer tracks or furrows perpendicular to the direction of slope. When hydro - seeding or mulching, imprinting should be done prior to seeding. If broadcast seeding and harrowing, imprinting should be done after seeding and harrowing. Furrowing can be done by several methods, the most simple of which is to drill seed perpendicular to the direction of slope in a prepared bed. Other simple imprinting methods include deep hand raking and harrowing, always perpendicular to the direction of slope. Herbicides: Difficult species respond better to application at one time of two or more modes of action (biological reason for plant death) rather than one. Local certified commercial herbicide applicators report best control using a combination of modes of action. It has also been found that use of two different groups of chemicals in the same mode of action can increase effectiveness on difficult species, e.g. phenoxys and benzoic acids or carboxylic acids and benzoic acids in a mix. Some come commercially pre -mixed and available over the counter, e.g. Clark Ecological Pioneer Glen Subdivision IVNWMP Page 6 of 13 • • • • • Crossbow and Super Weed -be -Gone Max. Some of the most effective herbicides are restricted use and available only for licensed applicators. Non-professionals or landowners using herbicides must use the concentration specified. Herbicides generally do not work better at higher concentrations. Most herbicide failures observed by the author are related to incomplete control caused by high concentrations killing top growth before the active ingredient can be transported to the roots through the nutrient relocation process. Tamarisk can be controlled by five principal methods, four of which must be done during active growth: 1) applying herbicide to foliage of intact plants; 2) removing above ground stems by burning or mechanical means followed by foliar application of herbicide; 3) cutting stems close to the ground followed by application of herbicide to the cut stems; 4) spraying basal bark with herbicide; and 5) digging or pulling plants. In addition, The USDA has proposed release of two species of insects for tamarisk bio -control (Carpenter, 1998). Grazing: There is currently no domestic grazing. Grazing should enhance, not detract from integrated vegetation management including the control or eradication of listed noxious weeds. It is not practical to expect to be able to graze domestic livestock at Pioneer Glen except for 100% direct feeding. Mechanical: Currently, all listed weeds on site with the exception of salt cedar can be controlled mechanically by cutting and bagging plants with ripened seed heads, pulling, or cutting the tap roots a little below the soil surface on flowering plants, and cutting rosettes just below the soil surface this fall and next spring. It is recommended all plants with ripened seed heads be cut and bagged. Even with some seed drop, the effort will greatly reduce seed release and future mechanical control. Saltcedar and Russian olive both can be controlled mechanically. Saltcedar almost certainly will require follow up control. Control of both should be followed immediately by re -planting. At the wetland-riverine interface, appropriate species must be immediately re -planted. Alternative Methods: Musk thistle is not of sufficient density to introduce insects since there is insufficient numbers of plants to support a population. However, musk and plumeless thistle rosette weevil, Trichosirocalus horridus and, thistle defoliating beetle, Cassida rubiginosa, which feeds on the foliage of Canada, musk, and plumeless thistles (Sullivan, 2004) are available for use if future infestations occur. According to a USA Today, The tamarisk leaf beetle, Diorhabda elongata, was released in 2005 and may now be available for bio -control of saltcedar. Clark Ecological Pioneer Glen Subdivision IVNWMP Page 7 of 13 An alternative method to enhance the establishment of native plants whether by seeding or live planting is the application of vesicular-arbuscular mycorrhizal fungi (V/AMF). These fungi, mostly of the genus Glomus are symbiotic with about 80% of all vegetation. In symbiosis, the fungi increase water and nutrient transfer capacity of the host root system by as much as several orders of magnitude (Barrow and McCaslin, 1995). Over-the-counter commercial products, which are better adapted to coating seeds when re -seeding and treating roots of live seedling trees and shrubs at time of planting come in powder form and are available from many different sources. Some applicators, including a New Castle company, collect and grow local accessions of V/AMF. The latter are applied to weed patches and are reputed to greatly increase competition of native plants with non-mycorrhizal species such as cheatgrass thereby affecting a non -chemical control of some noxious weeds. With the dense stand of cheatgrass in the sagebrush meadow, the use of V/AMF should be considered for all re -seeding projects including landscaping. Revegetation The soil type on the property supports diverse native vegetation. For all areas targeted for re- establishment of native biota, the recommended mix is limited to grasses. Due to the prevalence of cheatgrass and the potential need to use selective herbicides to spot treat perennials and biennials as well as unlisted but highly competitive nuisances, e.g. field bindweed and cheatgrass, no forbs or shrubs are included in the recommended mix. Table 4. Recommended Seed Mix and Drilled or Hydro -seed Rate for Pioneer Glen Subdivision. Scientific Name/Seeds per Pound Common Name/Preferred Cultivar No. PLS/Ft2 % of Mix by PLS Wt. Application Rate Lbs PLS/acre Achnatherum hymenoides 140,000 Indian ricegrass/ Paloma* 4 12.5 1.25 Hesperostipa comata comata 115,000 Needle and thread 4 15 1.5 Pascopyrum smithii 140,000 Western wheatgrass/ Arriba* 10 31 3.1 Pseudoroegneria spicata spicata 140,000 Bluebunch wheatgrass/ P7 10 31 3.1 Sitanion hystrix 192,000 Bottlebrush squirreltail 4 10 0.90 Poa canbyi 925,000 Canby bluegrass/ Canbar 4 0.5 0.19 Total 36 PLS/FT2 100 10.04 Lbs. PLS/AC *Accept no other cultivar for this site. (NRCS, 2006a), Colorado Natural Heritage Program, 1998. Seeding rate should be doubled for broadcast application. Preferred seeding method is multiple seed bin rangeland drill in standing or down dead vegetation with no soil preparation. Seed Clark Ecological Pioneer Glen Subdivision IVNWMP Page 8 of 13 • • • should be bagged separately so each size group of seed can be metered at the appropriate rate. Applying a quarter pound over an acre with a species such as canby bluegrass is difficult and may require use of wheat bran or rice hulls or some other adjuvant to assist metering the small seeds at the appropriate rate. Alternative seeding methods include but are not limited to: • harrow with just enough soil moisture to create a rough surface, broadcast seed and re - harrow, preferably at a 90 degree angle to the first harrow, • hydro -seeding (most economical in terms of seed cost), and • hand raking and broadcast followed by re -raking at a 90 degree angle to the first raking. • These are not the only means of replanting the site. However, these methods have been observed to be effective in similar landscapes. Native forbs, shrubs and trees can be planted with appropriate concern for herbicide damage. Few native forb seeds are available commercially as cultivars. Most are collected from natural populations. Native shrubs and forbs often do not establish well from seed, particularly when mixed with grasses. Past experience has shown that stabilizing the soil with grasses, accomplishing weed control and then coming back to plant live; containerized woody or flowering species in copses has been the most cost effective method for establishing the woody species component of the plant community. Upon completion of noxious weed control and establishment of native grasses, the following species are adapted to the site and can be planted. Best results can be expected from use of live, containerized plant materials. These species are available in containers of 10 in.3, 1 quart, 1 gallon and 5 gallon containers and are available locally from Rocky Mountain Native Plants, Silt, Palisade Gardens, Palisade, CO, or Dry West Nursery, Hotchkiss, CO. Other vendors may have native species depending on local availability at the time of need. Native willow and cottonwood can be planted by harvesting live cuttings from plants on site. The technique is well-documented. Willows can be planted from dormant cuttings or "sprigs" following these steps: • Cut willow sprigs in the fall as soon as leaves have dropped and the ground is soft and wet. It is critical to plant willows as early as possible. This gives them a chance to develop good root systems before they leaf out in the spring. Planting too late is the most common cause of planting failure. • Willow cuttings should be at least three-quarter (3/4) inches in diameter, and bigger is better. Large diameter branches can be used. Cuttings should be at least 14 inches long, but can be longer. • Plant cuttings by pushing the cut end into soft soil, or make a pilot hole with a sharp stick or pick. If you make a hole, be sure to compress soil tightly around the cuttings. At least two-thirds of the length of the cutting should be buried to give plenty of area for root growth. Sprigs should be angled slightly down stream. Clark Ecological Pioneer Glen Subdivision IVNWMP Page 9 of 13 • Plant cuttings along streams or in gullies that have enough moisture to sustain them throughout the summer. You should not have to water the cuttings if they are planted in an appropriate area. Table 5. Recommended Shrubs and Forbs for Pioneer Glen Subdivision Shrubs Scientific Name Common Name Amelanchier uthahensis Utah Serviceberry Artemesia tridentata tridentata Basin big sagebrush Atriplex canescens Four -wing saltbush Cercocarpus ledifolius Curl -leaf Mtn. mahogany Rhus trilobata Skunkbush sumac Forbs Achillea millefolium occidentalis Westem yarrow Hedysarum boreale Northem sweetvetch Linum lewisii Blue flax Penstemon strictus Rcky Mtn Penstemon Sphaeralcea coccinea Scarlet Globemallow Life Cycle and Management Calendars Figure 1 is a 2 year calendar for control and life cycle of biennial thistles. Table 6 is for the other species mentioned in the report. Clark Ecological Number of plants needed is based on the mature size of the species and, to a lesser extent, size of live plant material at time of planting. Temporary, supplemental irrigation for approximately 3 years after planting will greatly increase successful establishment of shrubs and forbs. Once established, the recommended species should not need supplemental irrigation. Many other native flowering species are availableas containerized plants. Check with the local growers and nurseries for availability. Figure 1. Life Cycle and management calendar for biennial thistles. Hartzler, 2006. Pioneer Glen Subdivision IVNWMP Page 10 of 13 • • • • • • Table 6. Annual Life Cycle and Management Calendar for Selected Noxious Weeds Species Type* Jan Feb March April May June July Aug Sept Oct Nov Dec Common burdock B germination rosettes bolt flowering — seed set Houndstongue B rosettes --> prebud flowering - seed set 4 Germination Thistle, Musk - 1st yr B germination rosettes --> --> --> --> --> --> Thistle, Musk - 2nd yr B rosettes --> --> --> bolt flowering seed set --> Russian Olive P germination Tamarisk P semi- dormancy --> leaves emerge flowering & seed set growth flowering & seed set senescence & semi- dormancy Cut -stump herbicide 4 B = biennial; P = perennial Shaded areas indicate best control timing. After Sirota, 2004. Commercial Applicator Recommendations A certified commercial applicator is a good choice for initial control efforts. An applicator has the full range of knowledge, skills, equipment and experience desired when dealing with difficult vegetation. A reliable company whom the author endorses is: Andy Julius, Certified Applicator's License No. 11210, Julius Ag, 2169 I-70 West Frontage Road, Debeque, CO 81630, 970-379-6917. Reclamation farming with multiple seed bin range drills and related equipment is also available through Julius Ag. An alternative applicator using V/AMF and other natural products locally is: Alpha Natural, Inc., 1808 Road 245, New Castle, CO 81647, 970-984-2467. Common chemical and trade names may be used in this report. The use of trade names is for clarity by the reader. Inclusion of a trade name does not imply endorsement of that particular brand of herbicide and exclusion does not imply non -approval. Certified commercial applicators will decide which herbicide to use and at what concentration. Landowners using unrestricted products must obey all label warnings, cautions, and application concentrations. The author is not responsible for inappropriate pesticide use by readers. References Barrow, J.R., and Bobby D. McCaslin, 1995. Role of microbes in resource management in arid ecosystems. In: Barrrow, J.R., E.D. McArthur, R.E. Sosebee, and Tausch, Robin J., comps. 1996. Proceedings: shrubland ecosystem dynamics in a changing environment. Gen. Tech. Rep. INT -GTR -338. Ogden, UT: USDA, For. Serv., Intermountain Res. Sta., 275 pp. Clark Ecological Pioneer Glen Subdivision IVNWMP Page 11 of 13 Carpenter, Alan T., 1998. ELEMENT STEWARDSHIP ABSTRACT for Saltcedar. The Nature Conservancy. Arlington, VA. 30pp. Colorado Natural Areas Program. 1998. Native Plant Re -vegetation Guide for Colorado. Caring for the Land Series, Vol. III, State of Colo., Div. Parks and Outdoor Rec., Dept. Nat. Res., Denver, 258 pp. Hartzler, Bob, 2006. Biennial thistles of Iowa. ISU Extension Agronomy. URL: http://www.weeds.iastate.edu/mgmt/2006/iowathistles.shtml Sirota, Judith, 2004. Best management practices for noxious weeds of Mesa County. CSU Cooperative Extension Tririver Area. Grand Junction, CO. URL: http://www.coopext. colostate. edu/TRA/PLANTS/index.html#http://www.coopext.colostate.edu/ TRA/PLANTS/bindweedmite.html Sullivan, Preston, G. 2004. Thistle control alternatives. Appropriate Technology Transfer for Rural Areas, National Sustainable Agriculture Information Service, Fayetteville, AR, 9 pp. United States Department of Agriculture, Natural Resource Conservation Service (NRCS), 2006a. The PLANTS Database (http://plants.usda.gov, 7 September 2006). National Plant Data Center, US Department of Agriculture, Baton Rouge, LA 70874-4490 USA. United States Department of Agriculture, Natural Resources Conservation Service. 2006b. Soil survey of portions of Garfield County, CO. Available online at: http://websoilsurvey.nrcs.usda.gov/app/WebSoilSurvey.aspx Accessed 25 August 2006 Clark Ecological Pioneer Glen Subdivision IVNWMP Page 12 of 13 • • • Legend: ARMI2 = Common burdock CANU4= Musk thistle CYOF = Houndstongue ELAN = Russian Olive TARA = Salt Cedar Colorado River/ / TARA 7 Large, mid -channel island North i /i/ Pioneer Glen Subdivision Integrated Veg. and Noxious Weed Mgmt Plan GPS Locations: Bill Clark, Clark Ecological, August 22 & 29, 2006. Accuracy: ± 9-50 Feet. Map: Dave Brantz, Boundaries Unlimited, Inc. September 12, 2006 Clark Ecological Pioneer Glen Subdivision IVNWMP Page 13 of 13 EXHIBIT D WILDFIRE MITIGATION PLAN • • • • • Exhibit D WILD FIRE MITIGATION PLAN The ground surface of the property slopes downward to the north and northwest. A deep channel runs along the western boundary of the site and conveys runoff into the Colorado River, which runs through the northern end of the site. The majority of the parcel is comprised of cheatgrass interspersed with moderately dense sagebrush. The area within the banks of the western channel and within the 100 -year floodplain of the Colorado River is densely vegetated with wetland plant species and several cottonwood trees over 15' tall. Wildfire fuel sources are classified as light, moderate and heavy. Grasses are rated as light fuels, shrubbery & sage are rated as moderate fuels, and trees are rated as heavy fuels based on the intensity of the fires they produce. Ladder fuels are vegetative materials that provide vertical continuity from the ground surface up into the branches of trees. The continuity of the fuel source is the measure of the fuel hazard that includes horizontal and vertical continuity. Ground slopes increase the continuity of the fuel hazard. The proposed building sites are located in areas that can be classified as having a moderately heavy to heavy fuel hazard since they are within the existing, cheatgrass and sagebrush fields. The combination of cheatgrass and sagebrush will burn fast with a high intensity. Fire protection waters shall be provided by six 2500 gallon tanks, one located on each lot. Each tank is fed by one of six wells located on each lot. The well and tank systems include a pump and are controlled at each of the proposed buildings. Additional mitigation measures for the site shall include landscape design criteria and maintenance practices with the intent to limit horizontal & vertical continuity. The following design standards shall be implemented: • If used, individual propane tanks are to be placed in a location where they are not subject to damage, and combustible materials are to be kept a minimum of 10 feet away from tanks. • Trees greater than 15 feet in height at maturity shall have a minimum spacing of 10 feet between the edges of the crown. Dead trees shall be cleared and removed. • Spacing between clumps of brush and/or shrubs shall be 2.5 times the height of the vegetation. • The maximum diameter of the brush and/or shrub clumps should be two times the height of the vegetation measured at the crown of the vegetation. • All ladder fuels should be removed from under brush, shrubs and tree canopies. • Non combustible ground cover (gravel) should be placed under trees, brush & shrubs to the edges of the crown, or the vegetation should be pruned to a height of 10 -feet above the ground or 1/2 the height of the plant, whichever is least. • Lawns should be kept to a maximum height of 4 inches. • Brush should be removed around the perimeter of all residential structures for a distance of 2.0 times the height of the brush or completely removed within 10 -feet of any residence and trimmed down to a height less than 5 -feet within 20 -feet of any residence. • Sprinkler systems are recommended, but not required for new construction. To aid in the location of structures by fire personnel, addresses should be posted where the driveway intersects with the road. Letters should be a minimum of 4 inches in height, 1/2 inch in width and be in contrast with background colors. • • • BAKER4°HOGAN -HOUR ARCHITECTURE & PLANNING / A.I.A. / P.C. FINAL PLAT APPLICATION Pioneer Glen Subdivision EXHIBIT 15 SUBDIVISION IMPROVEMENT AGREEMENT • • • PIONEER GLEN SUBDIVISION SUBDIVISION IMPROVEMENTS AGREEMENT THIS Pioneer Glen Subdivision, formerly known as Parcel 1 of the Lynch & Chanes Property 35 acre Exemption Plat, ("Subdivision") SUBDIVISION IMPROVEMENTS AGREEMENT ("SIA") is made and entered into this day of , 200_, by and between Specialty Restaurants Corporation ("Owner") and the BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO, acting for the County of Garfield, State of Colorado, as a body politic and corporate, directly or through its authorized representatives and agents ("BOCC"). WHEREAS, Owner is the owner and developer of the Subdivision, which property is depicted on the Final Plat of Pioneer Glen Subdivision ("Final Plat" or "Final Plat of the Subdivision"); and WHEREAS, on , 200_, the BOCC, by Resolution No. approved a preliminary plan for the Subdivision which, among other things, would create six (6) single-family residential lots and one (1) open space/common area parcel ("Preliminary Plan Approval"); and WHEREAS, as a condition of approval of the Final Plat submitted to the BOCC for as required by the laws of the State of Colorado, Owner wishes to enter into this SIA with the BOCC; and WHEREAS, Owner has agreed to execute and deliver a specific form of collateral to the BOCC to secure and guarantee Owner's performance under this Agreement and has agreed to certain restrictions and conditions regarding the sale of properties and issuance of building permits and certificates of occupancy, all as more fully set forth below. NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, the BOCC and Owner ("Parties") agree as follows: 1. FINAL PLAT APPROVAL. The BOCC hereby accepts and approves the Final Plat of the Subdivision, on the date set forth above, subject to the terms and conditions of this SIA, the Preliminary Plan Approval, and the requirements of the Garfield County zoning and subdivision regulations and any other governmental or quasi -governmental regulations applicable to the Subdivision ("Final Plat Approval"). Recording of the Final Plat shall be in accordance with this SIA and at the time prescribed herein. 2. OWNER'S PERFORMANCE AS TO SUBDIVISION IMPROVEMENTS. a. Completion Date/Substantial Compliance. Owner shall cause to be constructed and installed the subdivision improvements identified in the Exhibits defined in subparagraph 2.a.i, below ("Subdivision Improvements") at Owner's expense, including payment of fees required by Garfield County and/or other governmental and quasi - governmental entities with jurisdiction. The Subdivision Improvements, except for revegetation, and including off-site improvements, shall be completed on or before the end of the first full year following execution of this SIA ("Completion Date"), in substantial compliance with the following: i. Plans marked "Approved for Construction" for all Subdivision Improvements, including off-site improvements, prepared by Boundaries Unlimited Inc. and submitted to the BOCC on February 27, 2008, such plans being summarized in the list of drawings attached to and made a part of this SIA by reference as Exhibit "A"; the estimate of cost of completion, certified by and bearing the stamp of Owner' s professional engineer licensed in the State of Colorado ("Owner's Engineer"), attached to and made a part of this SIA by reference as Exhibit "B"; and all other documentation required to be submitted along with the Final Plat under 2 • • • • • • pertinent sections of the Garfield County subdivision and zoning regulations ("Final Plat Documents"). ii. All requirements of the Preliminary Plan Approval. iii. All laws, regulations, orders, resolutions and requirements of Garfield County and all special districts and any other governmental entity or quasi - governmental authority(ies) with jurisdiction. iv. The provisions of this SIA. b. Satisfaction of Subdivision Improvements Provisions. The BOCC agrees that if all Subdivision Improvements are constructed and installed in accordance with this paragraph 2; the record drawings to be submitted upon completion of the Subdivision Improvements, as detailed in paragraph 3(c), below; and all other requirements of this SIA, then the Owner shall be deemed to have satisfied all terms and conditions of the Preliminary Plan Approval, the Final Plat Documents and the Garfield County zoning and subdivision regulations, with respect to the installation of Subdivision Improvements, including off-site improvements and revegetation. 3. SECURITY FOR SUBDIVISION IMPROVEMENTS (EXCEPT RE - VEGETATION). a. Subdivision Improvements Letter Of Credit and Substitute Collateral. As security for Owner's obligation to complete the Subdivision Improvements other than revegetation, and including off-site improvements, Owner shall deliver to the BOCC, on or before the date of recording of the Final Plat of the Subdivision, a Letter of Credit in the form agreed to be acceptable to the BOCC, attached to and incorporated in this SIA by reference as Exhibit "C" ("LOC"). The LOC shall be in the amount of four -hundred forty-one thousand two hundred fifty-nine dollars and fifty cents $441,259.50, representing the full estimated cost of completing the Subdivision Improvements, including off-site improvements and revegetation, with a sufficient contingency to cover cost changes, unforseen costs and other variables (not less than 10% of the estimated cost and as approved by the BOCC), as set forth and certified by Owner's Engineer on Exhibit "B", to guarantee completion of the Subdivision Improvements. The LOC shall be valid for a minimum of six (6) months beyond the Completion Date for the Subdivision Improvements set forth in Paragraph 2.a., above. The BOCC, at its sole option, may permit the Owner to substitute collateral other than a Letter of Credit, in a form acceptable to the BOCC, for the purpose of securing the completion of the Subdivision Improvements subject of this Paragraph 3.a. b. LOC Requirements and Plat Recording. The LOC required by this SIA shall be issued by a state or national banking institution acceptable to the BOCC. If the institution issuing the LOC is not licensed in the State of Colorado and transacting business within the State of Colorado, the LOC shall be "confirmed" within the meaning of the Uniform Commercial Code, Letters of Credit, ' 4-5-101, et seq., C.R.S., as amended, by abankthatis licensed to do business in the State of Colorado, doing business in Colorado, and acceptable to the BOCC. The LOC shall state that presentation of drafts drawn under the LOC shall be at an office of the issuer or confirmer located in the State of Colorado. The Final Plat of the Subdivision shall not be recorded until the security, described in this paragraph 3 and the security for revegetation described in paragraph 4, below has been received and approved by the BOCC. c. Extension of LOC Expiration Date. If the Completion Date, identified in paragraph 2.a., above, is extended by a written amendment to this SIA, the time period for 4 • • • • • the validity of the LOC shall be similarly extended by the Owner. For each six (6) month extension, at the sole option of the BOCC, the face amount of the LOC shall be subject to re- certification by Owner's Engineer of the cost of completion and review by the BOCC. d. Unenforceable LOC. Should the LOC become void or unenforceable for any reason, including bankruptcy of the Owner or the financial institution issuing or confirming the LOC, prior to the BOCC's approval of Owner's Engineer's certification of completion of the Subdivision Improvements, this SIA shall become void and of no force and effect and the Final Plat shall be vacated pursuant to the terms of this SIA. e. Partial Releases of Security. Owner may request partial releases of the LOC, and shall do so by means of submission to the Building and Planning Department of a written request for partial release of LOC, accompanied by the Owner's Engineer's stamped certificate of partial completion of improvements. The Owner's Engineer's seal shall certify that the Subdivision Improvements have been constructed in accordance with the requirements of this SIA, including all Final Plat Documents and the Preliminary Plan Approval. Owner may also request release for a portion of the security upon proof that 1) Owner has a valid contract with a public utility company regulated by the Colorado Public Utilities Commission obligating such company to install certain utility lines; and 2) Owner has paid to the utility company the cost of installation as required by the contract. The BOCC shall authorize successive releases of portions of the face amount of the LOC as portions of the Subdivision Improvements, dealt with in this Paragraph 3, are certified as complete to the BOCC by the Owner's Engineer and said certification is approved by the BOCC. • f. BOCC's Investigation. Notwithstanding the foregoing, upon submission of 5 the Owner's written request for partial release of LOC, along with Owner's Engineer's certificate of partial completion of improvements, the BOCC may review the certification and may inspect and review the Subdivision Improvements certified as complete to determine whether or not they have been constructed in compliance with relevant specifications, as follows: i. If no letter of potential deficiency is furnished to Owner by the BOCC within fifteen (15) business days of submission of Owner's written request for partial release of LOC, accompanied by Owner's Engineer's certificate of partial completion of improvements, all Subdivision Improvements certified as complete shall be deemed approved by the BOCC, and the BOCC shall authorize release of the appropriate amount of security. ii. If the BOCC chooses to inspect and determines that all or a portion of the Subdivision Improvements certified as complete are not in compliance with the relevant specifications, the BOCC shall furnish a letter of potential deficiency to the Owner, within fifteen (15) business days of submission of Owner's written request for partial release of LOC, accompanied by Owner's Engineer's certificate of partial completion of improvements. iii. If a letter of potential deficiency is issued identifying a portion of the certified Subdivision Improvements as potentially deficient, then all Subdivision Improvements not identified as potentially deficient shall be deemed approved by the BOCC, and the BOCC shall authorize release of the amount of security related to the Subdivision Improvements certified as complete and not identified as potentially deficient. 6 • • • • • iv. With respect to Subdivision Improvements identified as potentially deficient in a letter of potential deficiency, the BOCC shall have thirty (30) days from the date of the letter to complete the initial investigation, begun under subparagraph 3.f.ii., above, and provide written confirmation of the deficiency(ies) to the Owner. v. If the BOCC finds that the Subdivision Improvements are complete, in compliance with the relevant specifications, then the appropriate amount of security shall be authorized for release within ten (10) business days after completion of such investigation. g. BOCC Completion of Improvements and Other Remedies. If the BOCC finds, within the thirty (30) day period of time, defined in subparagraph 3.f.iv. above, that the Subdivision Improvements are not complete, or if the BOCC determines that the Owner will not or cannot construct any or all of the Subdivision Improvements, whether or not Owner has submitted a written request for release of LOC, the BOCC may withdraw and employ from the LOC such funds as may be necessary to construct the Subdivision Improvements in accordance with the specifications, up to the face amount or remaining face amount of the LOC. In such event, the BOCC shall make a written finding regarding Owner's failure to comply with this SIA prior to requesting payment from the LOC. In lieu of or in addition to drawing on the LOC, the BOCC may bring an action for injunctive relief or damages for the Owner's failure to adhere to the provisions of this SIA regarding Subdivision Improvements. The BOCC shall provide the Owner a reasonable time to cure any identified deficiency(ies) prior to requesting payment from the LOC or filing a civil action. h. Final Release of Security. Upon completion of all Subdivision Improvements, • other than revegetation, and including off-site improvements, Owner shall submit to the BOCC, through the Building and Planning Department: 1) record drawings bearing the stamp of Owner's Engineer certifying that all Subdivision Improvements including off-site improvements, have been constructed in accordance with the requirements of this SIA, including all Final Plat Documents and the Preliminary Plan Approval, in hard copy and digital format acceptable to the BOCC; 2) copies of instruments conveying real property and other interests which Owner is obligated to convey to the Homeowner's Association of the Subdivision at the time of Final Plat Approval, and 3) a written request for final release of LOC, along with Owner's Engineer's stamp and certificate of final completion of improvements. i. The BOCC shall authorize a final release of the LOC after the Subdivision Improvements are certified as final to the BOCC by the Owner's Engineer and said final certification is approved by the BOCC. If the BOCC finds that the Subdivision Improvements are complete, in accordance with the relevant specifications, the BOCC shall authorize release of the final amount of security, within ten (10) business days following submission of the Owner's written request for final release of LOC accompanied by the other documents required by this paragraph 3.h. ii. Notwithstanding the foregoing, upon Owner's written request for final release of LOC, accompanied by Owner's Engineer's certificate of final completion of improvements, the BOCC may inspect and review the Subdivision Improvements certified as complete. If the BOCC does so review and inspect, the process contained in paragraph 3.f., above, shall be followed. iii. If the BOCC finds that the Subdivision Improvements are complete, in 8 • • • • • • accordance with the relevant specifications, the BOCC shall authorize final release of security within ten (10) days after completion of such investigation. iv. If the BOCC finds that the Subdivision Improvements are not complete, in accordance with the relevant specifications, the BOCC may complete remaining Subdivision Improvements, or institute court action in accordance with the process outlined in paragraph 3.g., above. 4. SECURITY FOR REVEGETATION. a. Revegetation LOC and Substitute Collateral. Seventeen thousand dollars $17,000 of the face amount of the LOC, specified in Paragraph 3a above, shall be allocated to revegetation of disturbed areas within the Subdivision ("Revegetation LOC"), the cost for which is detailed as a subdivision improvement in Exhibit B. The Revegetation LOC shall be valid for a minimum of two (2) years following recording of the Final Plat. The BOCC, at its sole option may permit the Owner to substitute collateral other than a Letter of Credit, in a form acceptable to the BOCC, for the purpose of securing the completion of revegetation. b. Revegetation LOC General Provisions. The provisions of paragraphs 3.b., 3.c. and 3.d., above, dealing with Letter of Credit requirements, extension of expiration dates, increase in face amounts, plat recording and plat vacating shall apply to the Revegetation LOC. c. Revegetation Review and Notice of Deficiency. Upon establishment of revegetation, the Owner shall request review of the revegetation work by the Garfield County Vegetation Management Department, by telephone or in writing. Such review shall be for the purpose of verification of success of revegetation and reclamation in accordance with the Garfield County Weed Management Plan 2000, adopted by Resolution No. 2002-94 and 9 recorded in the Office of the Garfield County Clerk and Recorder as Reception No. 580572, in Book 1251, at Page 566, as amended, and the revegetation/reclamation plan for the Subdivision submitted as part of the Final Plat Documents. If the Vegetation Management Department refuses approval and provides written notice of deficiency(ies), the Owner shall cure such deficiency(ies) by further revegetation efforts, approved by the Vegetation Management Department, as such efforts may be instituted within the two (2) years following recording of the Final Plat. d. Single Request for Release of Revegetation LOC. Following receipt of written approval of the Vegetation Management Department, the Owner may request release of the Revegetation LOC and shall do so by means of submission to the BOCC, through the Building and Planning Department, of a written request for release of Revegetation LOC, along with certification of completion by the Owner, or Owner's agent with knowledge, and a copy of the written approval of the Vegetation Management Department. It is specifically understood by the parties that the Revegetation LOC is not subject to successive partial releases, as authorized in paragraph 3.e., above. Further, the Revegetation LOC and the BOCC's associated rights to withdraw funds and bring a court action may survive final release of the LOC securing other Subdivision Improvements, defined in paragraph 3.a., above. e. BOCC's Completion of Revegetation and Other Remedies. If Owner's revegetation efforts are deemed by the BOCC to be unsuccessful, in the sole opinion of the BOCC upon the recommendation of the Vegetation Management Department, or if the BOCC determines that the Owner will not or cannot complete revegetation, the BOCC, in its discretion, may withdraw and employ from the Revegetation LOC such funds as may be 10 • • • • necessary to carry out the revegetation work, up to the face amount of the Revegetation LOC. In lieu of or in addition to drawing on the Revegetation LOC, the BOCC may bring an action for injunctive relief or damages for the Owner's failure to adhere to the provisions of this SIA related to revegetation. The BOCC shall provide the Owner a reasonable time to cure any identified deficiency prior to requesting payment from the Revegetation LOC or filing a civil action. 5. WATER SUPPLY. As stated in paragraph 13, below, prior to issuance by the BOCC of any certificates of occupancy for residences or other habitable structures constructed within the Subdivision, Owner shall install, connect and make operable a water supply and distribution system for potable water, fire protection, and non -potable irrigation water in accordance with approved plans and specifications. All easements and rights-of-way necessary for installation, • operation, service and maintenance of such water supply and distribution system(s) shall be as shown on the Final Plat. Owner shall deposit with the Garfield County Clerk and Recorder executed originals of the instruments of conveyance for easements appurtenant to the water system(s), for recordation following recording of the Final Plat and this SIA. All facilities and equipment contained within the water supply system(s) shall be transferred by Owner to the Homeowner's Association of the Subdivision. 6. PUBLIC ROADS. All roads within the Subdivision shall be dedicated by the Owner to the public as pubic rights-of-way and shall be accepted by the BOCC, on behalf of the public, on the face of the Final Plat. The Homeowner's Association of the Subdivision shall be solely responsible for the maintenance, repair and upkeep of said rights-of-way, including the traveled surface of the roadways and portions of the rights-of-way outside of the traveled surface. The BOCC • shall not be obligated to maintain any road rights-of-way within the Subdivision. 11 7. PUBLIC UTILITY RIGHTS-OF-WAY. Whether or not utility easements exist elsewhere in the Subdivision, all road rights-of-way within the Subdivision shall contain rights-of- way for installation and maintenance of utilities. Public utility easements shall be dedicated by the Owner to the public utilities on the face of the Final Plat, subject to the Garfield County Road and Right -of -Way Use Regulations, recorded as Reception No. 643477, in Book 1548, at Page 918 and as amended. The Homeowner's Association of the Subdivision shall be solely responsible for the maintenance, repair and upkeep of said public utility easements, unless otherwise agreed to with the public utility company(ies). The BOCC shall not be obligated for the maintenance, repair and upkeep of any utility easement within the Subdivision. In the event a utility company, whether publicly or privately owned, requires conveyance of the easements dedicated on the face of the Final Plat by separate document, Owner shall execute and record the required conveyance documents. 8. CONVEYANCE OF OPEN SPACE. The common open space parcel(s) identified on the Final Plat of the Subdivision shall be conveyed by Owner to the Homeowner's Association at the time of Final Plat Approval. Owner shall deposit with the Garfield County Clerk and Recorder executed original(s) of the instrument(s) of conveyance for recordation following recording of the Final Plat and this SIA. 9. INDEMNITY. The Owner shall indemnify and hold the BOCC harmless and defend the BOCC from all claims which may arise as a result of the Owner's installation of the Subdivision Improvements including revegetation and any other agreement or obligation of Owner, related to development of the Subdivision, required pursuant to this SIA. The Owner, however, does not indemnify the BOCC for claims made asserting that the standards imposed by the BOCC are improper or the cause of the injury asserted, or from claims which may arise from the negligent acts or omissions of the BOCC or its employees. The BOCC shall notify the Owner of receipt by the 12 • • • • • • BOCC of a notice of claim or a notice of intent to sue, and the BOCC shall afford the Owner the option of defending any such claim or action. Failure to notify and provide such written option to the Owner shall extinguish the BOCC's rights under this paragraph. Nothing in this paragraph shall be construed to constitute a waiver of the Sovereign Immunity granted to the BOCC by Colorado statutes and case law. 10. ROAD IMPACT FEE. Pursuant to the Garfield County subdivision regulations, a Road Impact fee of sixteen thousand seventy-seven dollars and sixty cents ($16,077.60) has been established for the residential units within the Subdivision. Owner shall pay fifty percent (50%), i.e., eight thousand thirty-eight dollars and eighty cents ($8,038.80) of the Road Impact Fee to the Garfield County Treasurer at or prior to the time of recording of the Final Plat. The remaining 50%, i.e., eight thousand thirty-eight dollars and eighty cents ($8,038.80), will be collected pro rata i.e. one thousand three hundred thirty-nine dollars and eighty cents ($1,339.80) from each lot owner at the time a building permit issues for a residence within the Subdivision. 11. FEES IN LIEU OF DEDICATION OF SCHOOL LAND. Owner shall make a cash deposit in lieu of dedicating land to the Parachute 16 School District, calculated in accordance with the Garfield County subdivision regulations and the requirements of state law. The Owner and the BOCC acknowledge and agree that the cash in lieu payment for the Subdivision is calculated as follows: for Parachute 16 School District, $200.00 per unit. The Owner, therefore, shall pay to the Garfield County Treasurer, at or prior to the time of recording of the Final Plat, one thousand two hundred dollars ($1,200) as a payment in lieu of dedication of land to the Parachute 16 School District. Said fee shall be transferred by the BOCC to the school district in accordance with the provisions of ' 30-28-133, C.R.S., as amended, and the Garfield County subdivision regulations. 13 The Owner agrees that it is obligated to pay the above -stated fee, accepts such obligations, and waives any claim that Owner is not required to pay the cash in lieu of land dedication fee. The Owner agrees that Owner will not claim, nor is Owner entitled to claim, subsequent to recording of the Final Plat of the Subdivision, a reimbursement of the fee in lieu of land dedication to the Parachute 16 School District. 12. SALE OF LOTS. No lots, tracts, or parcels within the Subdivision may be separately conveyed prior to recording of the Final Plat in the records of the Garfield County Clerk and Recorder. 13. BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY. As one remedy for breach of this SIA, the BOCC may withhold issuance of building permits for any residence or other habitable structure to be constructed within the Subdivision. Further, no building permit shall be issued unless the Owner demonstrates to the satisfaction of the Grand Valley Fire Protection District ("District"), if the Fire District has so required, that there is adequate water available to the construction site for the District's purposes. No certificates of occupancy shall issue for any habitable building or structure, including residences, within the Subdivision until all Subdivision Improvements, except revegetation, have been completed and are operational as required by this SIA. Owner shall provide the purchaser of a lot, prior to conveyance of the lot, a signed copy of a form in substantially the same form as that attached to and incorporated herein by reference as Exhibit "D", concerning the restrictions upon issuance of building permits and certificates of occupancy detailed in this SIA. 14. CONSENT TO VACATE PLAT. In the event the Owner fails to comply with the terms of this SIA, the BOCC shall have the ability to vacate the Final Plat as it pertains to any lots for which building permits have not been issued. As to lots for which building permits have been 14 • • • • • • issued, the Plat shall not be vacated and shall remain valid. In such event, the Owner shall provide the BOCC a plat, suitable for recording, showing the location by surveyed legal description of any portion of the Final Plat so vacated by action of the BOCC. If such a Plat is not signed by the BOCC and recorded, or if such Plat is not provided by the Owner, the BOCC may vacate the Final Plat, or portions thereof, by resolution. 15. ENFORCEMENT. In addition to any rights provided by Colorado statute; the withholding of building permits and certificates of occupancy, provided for in paragraph 13, above; the provisions for release of security, detailed in paragraph 3, above; and the provisions for plat vacation, detailed in paragraph 14, above, it is mutually agreed by the BOCC and the Owner, that the BOCC, without making an election of remedies, and any purchaser of any lot within the Subdivision shall have the authority to bring an action in the Garfield County District Court to compel enforcement of this SIA. Nothing in this SIA, however, shall be interpreted to require the BOCC to bring an action for enforcement or to withhold permits or certificates or to withdraw unused security or to vacate the Final Plat or a portion thereof, nor shall this paragraph or any other provision of this SIA be interpreted to permit the purchaser of a lot to file an action against the BOCC. 16. NOTICE BY RECORDATION. This SIA shall be recorded in the Office of the Garfield County Clerk and Recorder and shall be a covenant running with title to all lots, tracts and parcels within the Subdivision. Such recording shall constitute notice to prospective purchasers and other interested persons as to the terms and provisions of this SIA. 17. SUCCESSORS AND ASSIGNS. The obligations and rights contained herein shall be binding upon and inure to the benefit of the successors and assigns of the Owner and the BOCC. 15 18. CONTRACT ADMINISTRATION AND NOTICE PROVISIONS. The • representatives of the Owner and the BOCC, identified below, are authorized as contract administrators and notice recipients. Notices required or permitted by this SIA shall be in writing and shall be effective upon the date of delivery, or attempted delivery if delivery is refused. Delivery shall be made in person, by certified return receipt requested U.S. Mail, receipted delivery service, or facsimile transmission, addressed to the authorized representatives of the BOCC and the Owner at the address or facsimile number set forth below: Owner: Specialty Restaurants Corporation 8191 East Kaiser Boulevard Anaheim, CA 92808 Phone: 714-279-6100 Fax: 714-998-4861 BOCC: w/copy to, Rocky Mountain Realtors, Inc. 820 Castle Valley Blvd., #108 New Castle, CO. 81647 Phone: (970) 984-3720 Fax: (970) 984-3721 Board of County Commissioners of Garfield County, Colorado c/o Building & Planning Dir. 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Phone: (970) 945-8212 Fax: (970) 384-3470 19. AMENDMENT AND SUBSTITUTION OF SECURITY. This SIA may be modified, but only in writing signed by the parties hereto, as their interests then appear. Any such amendment, including, by way of example, extension of the Completion Date, substitution of the form of security, or approval of a change in the identity of the security provider/issuer, shall be considered by the BOCC at a scheduled public meeting. If such an amendment includes a change in 16 • • the identity of the provider/issuer of security, due to a conveyance of the Subdivision by the Owner to a successor in interest, Owner shall provide a copy of the recorded assignment document(s) to the BOCC, along with the original security instrument. Notwithstanding the foregoing, the parties may change the identification of notice recipients and contract administrators and the contact information provided in paragraph 18, above, in accordance with the provisions of that paragraph and without formal amendment of this SIA and without consideration at a BOCC meeting. 20. COUNTERPARTS. This SIA may be executed in counterparts, each of which shall be deemed an original, and all of which, when taken together, shall be deemed one and the same instrument. 21. VENUE AND JURISDICTION. Venue and jurisdiction for any cause arising out of or related to this SIA shall lie with the District Court of Garfield County, Colorado, and this SIA IIIshall be construed according to the laws of the State of Colorado. • 17 IN WITNESS WHEREOF, the parties have signed this SIA to be effective upon the date of • Final Plat Approval for the Subdivision. BOARD OF COUNTY COMMISSIONERS ATTEST: OF GARFIELD COUNTY, COLORADO Clerk to the Board STATE OF ) )ss. COUNTY OF ) By: Chairman Date: OWNER By: (Name and Title) Date: • Subscribed and sworn to before me by , an authorized representative of , Owner of the Subdivision, this day of , 200_. WITNESS my hand and official seal. My commission expires: Notary Public 18 • • • EXHIBIT A 19 EXHIBIT A SUBDIVISION IMPROVEMENTS AGREEMENT PIONEER GLEN SUBDIVISION APPROVED FOR CONSTRUCTION PLANS FEBRUARY 27, 2008 C-1 Title Sheet C-2 Final Plat Map 1 of 2 C-3 Final Plat Map 2 of 2 C-4 Grading, Drainage and Erosion Control Pian C-5 Roadway and Utility Plan and Profile: Pioneer Drive C-6 Roadway and Utility Plan and Profile: Pioneer Ct. C-7 Master Utility Pian C-8 Utility Detail Sheet C-9 Drainage & Erosion Control Detail Sheet 20 • EXHIBIT B • 0 ITEM Earthwork QUANTITY Soil Retention Blanket NAG-SC150 Soil Retention Blanket NAG -C350 780 355 Erosion and Sediment Control (fence, haybales, runoffs, etc) NPDES Permitting Wetland Reconstruction/Revegation Remove and Dispose of Unsuitable Material General Revegetation of Disturbed Areas 3/8" Chipseal 1 1 1 50 15500 L.S. S.Y. S.Y. L.S. L.S. L.S. C.Y. S.Y. 3420 6" Class 6 ABC under Chipseal 12" Class 2 ABC under Class 6 ABC 660 1320 --price includes trenching and fittings - 18"0 CPP (ADS N -12 -WT) 18"0 Flared End Section 80 4 --price includes trenching and fittings -- Completed Well System (Pump, 2500 Gallon Concrete Tank, Controls, Service Line, etc.) --price includes trenching and fittings -- 6 Pump System (Pump, Pad, Hoses, Screen, Conctrols, etc.) 4" Sch. 40 PVC 1-1/4" Irrigation Service Blowoff Valve Assembly 2-4" and 2-6" Conduit Sleeves for GET Onsite Trenching for Xcel Energy (Gas) Onsite Trenching for Holy Cross & Qwest (Electric & Telephone) Offsite Trenching for Qwest (Telephone) Electric Transformer Base 250 1330 1760 1800 Power/Telephone Pole Drop 4 2 Mobilization, Demobilization and GC Management Class I Ground Sign (Street,Stop,Speed, Child Playing) • • • • EXHIBIT C • • Subdivision Bond Bond No. 6556866 Faithful Performance SUBDIVISION BOND Premium $ 6,047.00 for 2 years KNOW ALL MEN BY THESE PRESENTS: That SPECIALTY RESTAURANTS CORPORATION as Principal, and SAFECO INSURANCE COMPANY OF AMERICA, a corporation organized and existing under the laws of the State of WASHINGTON and authorized to transact surety business in the State of COLORADO , as Surety are held and firmly bound unto BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO in the sum of FOUR HUNDRED THREE THOUSAND ONE HUNDRED TWELVE AND NO/100---- Dollars ($ 403,112.00), for the payment whereof, well and truly to be made, said Principal and Surety bind themselves, their heirs, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THE OBLIGATION IS SUCH THAT: 7/ WHEREAS the above Named Principal has entered into an agreement, dated 37 , with the BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO to do and perform the following work, to wit: WORKS OF IMPROVEMENT FOR PIONEER GLEN SUBDIVISION AT CR 300, PARACHUTE CO • (4 MILES SOUTHEAST OF PARACHUTE); PROJECT NO.: 2005-SRC-BMLOTI NOW, THEREFORE, if the above -bounden Principal shall well and truly perform the work referred to in such agreement, then this obligation shall be void; otherwise to remain in full force and effect. IN WITNESS WHEREOF, the seal and signature of said Principal is hereto affixed and the corporate seal and the name of the said Surety is hereto affixed and attested by its duly authorized Attorney in Fact at Los Angeles, California this 14th day of MARCH , 2008. SPECIALTY RESTAURANTS CORPORATION (Principal) (Seal) SAFECO INSURANCE COMPANY OF AMERICA (Surety) (Seal) d2A- AUL BOUCHER, Attorney -In -Fact By: • • • • STATE OF CALIFORNIA COUNTY OF LOS ANGELES Bond No. 6556866 On MARCH 14, 2008, before me, HEATHER WIN, a Notary Public in and for the above county, personally appeared PAUL BOUCHER who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she is Attorney -in -Fact of SAFECO INSURANCE COMPANY OF AMERICA, a corporation organized and existing under the laws of the state of WASHINGTON, that the seal affixed to the foregoing instrument is the corporate seal of the said corporation, that the instrument was signed, sealed, and executed in behalf of said corporation by authority of its Board of Directors, and further acknowledged the said instrument and the execution thereof to be the voluntary act and deed of said corporation by his voluntarily executed. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. IN WITNESS WHEREOF, I have hereunto subscribed by name and affixed my official seal the day and year first above written. My Commission Expires: JUNE 17, 2010 Notary Public HEATHER WIN Commission # 1675769 Notary Public - California Los Angeles County My Comm. Expires Jun 17, 2010 ,co w KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint ******************PAUL BOUCHER; LEONARD G. FODEMSKI; JANINA MONROE; TIMOTHY J. NOONAN; SUSAN THURSTON; RAE L. ZACHARY; Los Angeles, California*********************************"********************************************* POWER OF ATTORNEY No. Safeco Insurance Company of America General Insurance Company of America Safeco Plaza Seattle, WA 98185 11614 its true and lawful attorney(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 26th day of July , 2007 STEPHANIE DALEY-WATSON,SECRETARY TIM MIKOLAJEWSKI, SENIOR VICE-PRESIDENT, SURETY CERTIFICATE Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13.'- FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (1) The provisions of Article V, Section 13 of the By -Laws, and (ii) A copy of the power-of-attorney appointment, executed pursuant thereto, and (iii) Certifying that said power-of-attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, Stephanie Daley -Watson , Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this 14TH day of MARCH , 2008 S-0974/DS 4/05 STEPHANIE DALEY-WATSON, SECRETARY Safeco® and the Safeco logo are registered trademarks of Safeco Corporation. WEB PDF • • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT • • State of California County ofit> On /)larCA / 7 wog before me, Date personally appeared 1 Le 5 l / e, 1 • m /,7 e 7D? Here Insert Name and Title of the Officer 4-- At( z t Name(s) of Signer(s) LESLIE I. MOORE 1 !_ Commission # 1715222 • ,% Notary Public - California ���- Los Angeles County Comm�Expt es tan 7, 2011 _ t Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person( whose name( is/e subscribed to the within instrument and acknowledged to me that helshe, y -executed the same in his/MT/their authorized capacitys)r and that by his7hetitiqeir signature on the instrument the persons, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ` `1 Y7G7;'>..Q Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: S LC/tV 5 /Or) ��i7/OrO vei -w ' - e//i) Document Date: Signer(s) Other Than Named Above: f2 Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: Number of Pages: $ y--(aC7L ❑ Individual ❑ Individual ❑ Corporate Officer — Title(s): ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUNBPRINT OF SIGNER Top of thumb here ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: OF SIGNER Top o humb here uw�c� rw�cn =LA: �=<� c�<wuu�c © 2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item 85907 Reorder: Call Toll -Free 1-800-876-6827 • EXHIBIT D • • EXHIBIT D SUBDIVISION IMPROVEMENTS AGREEMENT PIONEER GLEN SUBDIVISION NOTICE REGARDING BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY TO: ALL PURCHASERS OF HOME SITES WITHIN PIONEER GLEN SUBDIVISION YOU ARE HEREBY NOTIFIED under applicable Garfield County regulations, you may not commence construction of a residence within unincorporated Garfield County, including Pioneer Glen Subdivision, prior to issuance of a building permit by Garfield County. Under the terms of the Subdivision Improvements Agreement between Garfield County and Specialty Restaurants Corporation, Garfield County will not issue building permits for property in Pioneer Glen Subdivision, until: 1. The Owner/Developer has demonstrated to the satisfaction of the Grand Valley Fire Protection District that adequate water is available to the construction site for the Fire District's purposes. 2. A site-specific geo-technical study, completed by a registered Geo -Technical Engineer, has been presented to the Building and Planning Department for review, along with a registered design professional's certification that the structure design is based on the site-specific study. The cost of the studies shall be borne by the purchaser of the home site. 3. A site specific Individual Sewage Treatment System designed by a registered Professional Engineer has been presented to the Building and Planning Department for review. The cost of the design shall be borne by the purchaser of the home site. 4. A site specific grading plan for conveyance of Storm water through the lot designed by a registered Professional Engineer has been presented to the Building and Planning Department for review. The cost of the design shall be borne by the purchaser of the home site. 5. The remaining 50% of the Garfield County Road Impact Fee i.e. eight thousand thirty-eight dollars and eighty cents ($8,038.80) in the pro rata amount of one thousand three hundred thirty-nine dollars and eighty cents ($1,339.80) per Lot is paid by the party seeking the building permit. Note: The Owner/Developer paid 50% of such fee as part of the subdivision approval process. 6. The Owner/Developer has paid to the Garfield County Treasurer the fee of one thousand two hundred dollars ($1,200) as a payment in lieu of dedication of land to the Parachute 16 School District. Note: The Owner/Developer paid such fee as part of the subdivision approval process. 25 Additionally, Garfield County will not issue Certificates of Occupancy for any structures within Pioneer Glen Subdivision until all of the subdivision improvements have been completed and are operational in accordance with the Subdivision Improvements Agreement between Garfield County and Specialty Restaurants Corporation. OWNER/SUBDIVIDER: By: Specialty Restaurants Corporation The foregoing Notice was read and understood by the undersigned Purchaser of a home site within Pioneer Glen Subdivision, this day of 200_. PURCHASER: (Type Name) (Type Address ) 26 • • • • • • BAKERR'HOGAN = PIONEER GLEN Design Guidelines Draft March 2008 Table of Contents Page PLANNING AND DESIGN PHILOSOPHY 4 A. INTRODUCTION/GENERAL 4 1. Granting Clause 4 2. General Purposes 4 3. Definitions 5 4. Architectural Review Committee 5 B. SITE DEVELOPMENT GUIDELINES 6 1. Building Envelopes 6 2. Fences, Walls, Barrier Devices, Retaining Walls 6 3. Garages and Parking Spaces 7 4. Utility Meters, Garbage Areas 7 5. Decks, Greenhouses, etc. 7 6. Signs and Mailboxes 8 7. Natural Drainage and Grading 8 8. Revegetation, Landscaping, and Berms 8 9. Trees 9 10. Stakeout 9 11. Outdoor Lighting 9 12. Accessory Structures 10 13. Fire Protection Requirements 10 14. Underground Utilities 10 C. ARCHITECTURAL DESIGN GUIDELINES 11 1. Overall Design and Professional Assistance 11 2. Design and Configuration 11. 3. Minimum Square Footages 11 4. Building Height 12 5. Roofs 12 6. Foundations 12 7. Exterior Walls and Windows 13 8. Materials and Exterior Finishes 14 9. Doors 15 10. TV Dishes and Antennas 15 11. Decks, Balconies, Railings 15 12. Skylights 16 13. Exposed Metal, Vents, Gutters 16 14. Chimneys and Natural Gas Fireplaces 16 15. Solar Energy 17 16. Radon Gas and Carbon Monoxide 17 17. Fire Protection 17 18. Interior Window Coverings 17 19. Changes 17 D. LANDSCAPE REVEGETATION GUIDE 18 1. Introduction 18 2. Landscape/Revegetation Plan Requirements 18 3. Design Considerations 19 4. Reading Resources 21 5. Minimum Plant Material Quantities 22 6. Recommended Plant List 22 2 • • • • • • E. REVIEW PROCESS 27 1. Orientation Meeting & Statement of Design Intent 27 2. Sketch Plan Review 27 3. Construction Plan (Working Drawings) Review 28 4. Pre -Construction Site Meeting 28 5. Construction Period Review 28 6. Project Completion Review 28 APPENDIX 1: Construction Period Regulations 30 APPENDIX 2: Architectural Review Committee Application 32 APPENDIX 3: Design Review Committee Checklist 34 PLANNING AND DESIGN PHILOSOPHY Pioneer Glen (the "Property") lies within Garfield County, Colorado. The intent of these Design Guidelines (the "Guidelines") is that all development constructed on the Lots attempts to develop responsive and indigenous architecture; incorporates native and natural materials; and employs sensitive siting of improvements. Buildings should not assert themselves at the expense of neighboring development, but rather relate to each other to form a harmonious community with a western architectural design vernacular which shares and supports a common interest and appreciation of the environment. These Guidelines have been designed to put into place procedures that will enhance the quality of life by: • encouraging environmental excellence, • preserving the design integrity and architectural quality of the residences, and • upholding property values. The standards, procedures and information that follow are intended to formulate and define the means by which residences can be built within Pioneer Glen in a manner in which they will be compatible with each other and with their unique setting. The standards will be the criteria for judgment by the Design Review Committee and will form the basis of control. Compliance with the spirit of these Guidelines is crucial to the mutual enhancement and protection of the qualities of the Property and to all the Owners' commitment to the preservation of this ruggedly handsome area. A. INTRODUCTION/GENERAL 1. GRANTING CLAUSE Per the Declaration of Covenants, Conditions, and Restrictions for Pioneer Glen (the "Declaration"), the Pioneer Glen Design Review Committee (the "Committee") hereby exercises its rights and establishes these Guidelines. Copies of the most recent Guidelines may be obtained from Rocky Mountain Realtors for the Pioneer Glen Homeowner's Association (the "Association") in Garfield County, Colorado. The Declaration will control if there are any discrepancies between these Guidelines and the Declaration. 2. GENERAL PURPOSES The Committee has made these Guidelines to maintain standards for the use and development of Pioneer Glen. The purposes also include guarding against unnecessary and unreasonable interference with the views, natural beauty and ecological integrity of the Property. In general, the aim of the Design Guidelines is to encourage aesthetics and design adapted to the climate, and to foster harmony between buildings and their sites and among the buildings themselves. The Guidelines also allow careful consideration of the opportunities and constraints unique to each site. Presented in the pages that follow are standards that describe the design review process and provide direction and assistance to the owners of parcels with respect to design considerations. Modifications to these Guidelines can only be made if it can be demonstrated to the Committee that the overall intent is being adhered to and the unique situation prevents the strict compliance contained herein. These Guidelines are subject to the Committee's supervision and approval in addition to the zoning and planning regulations of Garfield County, Colorado, and applicable federal and state statutes, rules and ordinances. Although final judgment of any submission must remain the discretionary opinion of the Committee, the Committee will be guided in its decisions by the Guidelines which are summarized below. The Committee may change these Guidelines periodically to accommodate changing conditions as the Committee deems necessary or appropriate without modifying the overall stated intent. Owners contemplating activities covered by these Guidelines should be sure they have obtained the most recent approved version. 4 • • • • • • 3. DEFINITIONS The terms defined in Article 1 of the Declaration shall control as to definitions herein. 4. ARCHITECTURAL REVIEW COMMITTEE The Committee shall consist of three members designated by Declarant to review, study, and approve or reject proposed improvements upon the Property. The composition and terms of the Committee members shall be at Declarant's discretion until such time as Declarant's membership in the Association ceases as provided in the Declaration. The Committee shall consist of a Chairman, a Secretary and one other Committee member who shall be an architect licensed by the State of Colorado. The Chairman shall preside over all Committee meetings and be responsible for the coordination and direction of the Committee's work, and promulgation of its Guidelines and any amendments to same from time to time. The Secretary shall keep the minutes of the Committee's proceedings and its records, and shall publish and disseminate such materials as may be necessary or desirable to guide Owners and enforce these provisions. The Committee shall meet at the convenience of its members or may utilize the mail or phone as necessary to transact its business. Applicants are encouraged to attend any Committee meeting addressing their application, but the Applicant need not be present for the Committee to act. The initial address of the Committee shall be: Pioneer Glen Design Review Committee c/o Rocicy Mountain Realtors 820 Castle Valley Blvd., #108 New Castle, CO 81647 a. RIGHT OF WAIVER The Committee may waive or vary procedures or standards and criteria when conditions such as topography, location of property lines, trees, vegetation and other physical limitations, or architectural appropriateness, require it. b. NON -LIABILITY OF COMMITTEE AND DECLARANT Neither the Committee nor Declarant or their respective successors or assigns shall be liable in damages to anyone submitting plans to them for approval, or to any Owner by reason of mistake in judgment, negligence or non -feasance arising out of or in connection with the approval or disapproval or failure to approve any plans and specifications. Every Owner or other person who submits plans to the Committee for approval agrees, by said submission, that he will not bring any action or suit against the Committee or Declarant to recover damages. Approval by the Committee shall not be deemed to constitute compliance with the requirements of any local building codes and it shall be the responsibility of the Owner and his representatives to comply therewith. c. ENFORCEMENT AND REVIEW FEE These Guidelines may be enforced as provided in the Declaration. The Committee may establish a review fee schedule for each application type submitted which fee schedule may be changed from time to time to reflect actual costs. The initial review fee for a single family submittal shall be $100.00. 5 d. INFORMATION SUBMITTED BY AN OWNER Any Owner submitting plans for Committee approval shall be responsible for the verification and accuracy of all dimensions, grade, elevations and location of key natural terrain features for his Lot. e. RESUBMITTAL OF PLANS AND APPEAL Should the Committee deny any Review Process submission, any resubmission shall follow the same procedures as the rejected submittal. The Owner or his architect shall reply in writing to Committee concerns during the Review Process. Any proposed exterior additions or changes to a residence not part of the original Construction Plan approval shall be submitted for Committee review and approval. f. OWNER REPRESENTATION The Owner shall advise all his representatives (e.g. architect, engineer, contractor, subcontractors, and their employees) of the standards and procedures outlined in the Declaration and these Guidelines, including Appendices 1, 2, 3 and 4, and all such representatives shall abide by said documents. B. SITE DEVELOPMENT GUIDELINES These Site Development Guidelines, together with the Design Guidelines, form the basic visual and planning direction necessary to maintain the natural setting and integrate residential development into it. The preservation of open space, common area and indigenous vegetation, combined with sympathetic residential design and site planning, are overriding Committee goals and in turn the Owners involved in this process. As further described in Section D, revegetation with the Pioneer Glen Subdivision is required to return the disturbed areas to a natural condition through the use of natural grasses, flowers, and small plantings. High water consumption plantings, such as sod, are discouraged. The following Lot development standards will be in effect within Pioneer Glen: 1. BUILDING ENVELOPES Building Envelopes for residences shall be as set forth in the Pioneer Glen Plat. Each building location will be analyzed as to its visual impact, relationship to views and neighbors, safety, general use, access, architectural importance and landscape preservation. Preservation of scenic vistas for the benefit of all owners is of concern to the Committee. Owners are urged to vary the locations of front and rear building walls from existing homes on adjacent Lots. 2. FENCES, WALLS, BARRIER DEVICES, AND RETAINING WALLS Fences, walls, and barrier devices may be selectively used for privacy and screening purposes if incorporated into the total design, and are required to maintain a dog in a residence. Open fences, where applicable, are preferred because they help maintain an open natural feeling. All fences shall be a maximum of 42" in height. 6 • • • • • The Committee will review the design, appropriateness, size, and construction of such improvements in relation to the proposed residence and neighboring Lots. In no cases shall fences, walls or other barriers be permitted for the purpose of enclosing or delineating property lines. Those features used solely for property line delineation are not acceptable or allowed. Required retaining walls should be made of native stone, stained or sandblasted concrete or other materials complementary to the natural surroundings. 3. GARAGES AND PARKING SPACES Garages should integrate with the building design. For single family homes, a minimum of four (4) permanent parking spaces, two (2) of which is a garage space, must be provided on site, except where an enclosed storage area of not less than 5' x 10' is constructed. With such storage a one (1) car garage and three (3) exterior parking spaces are permitted. Maximum road and parking gradients must comply with the Property development plan and Garfield County requirements. The Committee must review all driveway locations. Driveways may be constructed of concrete, asphalt, or chip seal and staked for approval at Construction Plan Review. Construction access is limited to the Lot's approved driveway. Trailers, motor homes, trucks, boats, boat trailers, tractors, vehicles other than automobiles, campers not on a truck, snow removal equipment and garden or maintenance equipment shall be kept in a closed structure or screened from view except when in actual use. No automobile repair work shall be performed anywhere within a Lot except in enclosed areas or in cases of emergency. 4. UTILITY METERS, GARBAGE AREAS Utility meters, garbage areas, and other related utilitarian features shall be screened, buried or enclosed from view and planned as a part of the total design of an individual residence or group of residences where applicable. Committee approval must be obtained for such features. Such features shall be of an approved color. With gas readily available, propane tanks are prohibited. 5. DECKS, GREENHOUSES, ETC. Decks should minimize unsightly supporting structures and complement the total design. Greenhouses are recognized amenities but must meet County Code and these Guidelines. 7 6. SIGNS AND MAILBOXES Committee approved house number and/or owner name signs are permissible on Lots. Freestanding construction signs with a 6 square feet maximum face are also acceptable for single family homes. These signs may be placed upon a Lot at ground -breaking at a location approved by the Committee and shall be removed immediately upon issuance of the Certificate of Occupancy. No other homeowner or property identification signs, temporary road signs, or other signs or devises to attract attention are permissible, excepting standard real estate "for sale" and "open house" signs, without Committee approval. A mailbox space on the common mail fence at the entrance to the subdivision is available for each Lot Owner. Postal Service is out of Parachute. 7. NATURAL DRAINAGE AND GRADING No Owner shall interfere with or direct the natural course of any drainage and runoff nor construct any improvement, place any landscaping or allow the existence of any condition which will alter the natural drainage pattern or runoff into or across the land of another, except to the extent such alteration is approved in writing by the Committee and applicable public authorities. Lot improvements should be planned -to minimize grading which substantially alters the existing topography. The maximum cut of any bank should be 2 to 1. All grading must have prior approval of the Committee. Pursuant to the Plat and a separate declaration of easements, Garfield County and the Declarant have established Drainage and Pedestrian Access easements on certain Lots. No structures, except as planned by the Declarant, shall be allowed within these easements. The drainage plan for the Property details drainage patterns for the entire parcel. Any modifications to individual site drainage must comply with said plan. Runoff from impervious surfaces, such as roofs and paved areas, shall be directed away from entries and public areas to natural or improved drainage channels or absorbed into naturally vegetated areas. No curbs or gutters shall be installed without Committee approval. The Committee recommends that all Owners obtain a geotechnical report to verify their Lot soils conditions before construction. 8. REVEGETATION AND LANDSCAPING It is the Committee's philosophy to encourage the "natural condition" except where there is an extension of the living area. This "natural condition" is defined as a combination of indigenous plant material, trees, topsoil, rock formations and natural terrain and features that existed before construction on and around the Lot. Furthermore, the Owner must submit a complete revegetation plan and schedule at the Construction Plan Review. Refer to Appendix 1 for Landscaping Minimum Requirements and Consideration. Installation and maintenance of the revegetation plant material and other landscape related Lot improvements are the responsibility of the Owner. Landscaping shall be in compliance with the Wild Fire Mitigation Plan and the Vegetation and Weed Management Plans outlined within the Covenants. Landscaping should generally consist of returning the Lot to a natural state through the use of natural grasses, flowers and small plantings. High water consumption plantings such as sod are strongly discouraged. Formal landscaping shall be prohibited. No Owner shall permit the growth or spread of Garfield County listed noxious weeds on any Lot. 8 • • • • • 9. TREES Trees shall not be cut or tree roots disturbed for trenching without Committee approval. Trees or groups of trees adjacent to the construction area shall be fenced and protected during the construction period. Such fencing shall also remain in place until such time as the major part of the outside work is completed. Trees and other existing vegetation are valued and are to be preserved whenever possible. It is mandatory that the specifications and the contract agreement between the Owner and contractor clearly define the intent of preserving the plant life. Any Owner whose contractor damages trees, shrubs or groundcover shall be required to replace such plants or trees by appropriate replanting. All trees felled for construction shall be promptly removed. Fallen, dead, or infected trees shall be removed from the Lot. Nailing to trees is not allowed. For the protection of Bald Eagle and Great Blue Heron nests, large cottonwood trees, dead or alive, will not be disturbed during construction and will be preserved throughout the existence of the subdivision. 10. STAKEOUT The location of each improvement within the buildable area must be approved at Construction Plan Review consistent with applicable regulations of Garfield County. In determining the proper location for each improvement, the Committee shall consider the location of existing and future improvements on adjacent Lots and other monetary or aesthetic considerations. The following shall also be complied with in reference to the Construction Plan Review period: a. The Improvement shall be defined with four feet (4'-0") wood or steel stakes and shall be identified as N.E., N.W., S.E., and S.W. corners. The outline of the Improvement may be required to be marked by connected string between corner stakes. Side and front parcel lines may also be required to be marked in a similar manner. The main floor elevation of the structure shall be clearly marked on the stakes. b. All property corners shall be clearly marked by the Owner. All Lot corner(s) stakes shall remain in place during the construction period. Temporary removal to facilitate construction is permitted but replacement is required. c. All trees proposed for removal shall be tagged with orange -colored plastic tape. d. No trees, shrubs, or groundcover shall be removed before the Committee's stakeout inspection since these would be lost if the structure is relocated. e. Driveway locations shall be staked at each side of the drive at ten foot (10'-0") foot intervals from the street to the proposed garage. f. All Improvements other than the proposed residence shall also be staked at this time. g. Preservation fencing shall be in place or string provided to define the proposed fencing. 11. OUTDOOR LIGHTING All outdoor lighting is subject to Committee approval. It is the intent of the Committee to have lights which are functional and which enhance the overall appearance but which will not be disturbing to neighbors, pedestrians or motorists. In general, floodlights will not be allowed unless specifically reviewed and approved by the Committee. No lights shall be emitted from any Lot which are unreasonably bright or cause unreasonable glare. 9 With the exception of subdued down -lighting located along drives, parking areas, walkways, and decks immediately surrounding the home, all exterior lighting shall be attached to the home. All light fixtures shall have indirect light sources or light sources that are recessed within the fixture. Lighting colors other than white shall require Committee approval. Owners are encouraged to use Dark sky compliant fixtures. Additional information is available at www.darksky.org. 12. ACCESSORY STRUCTURES Community wooden play structures, swing sets and playhouses located unobtrusively and screened by landscaping are encouraged. Barns and outbuildings are allowable if in compliance with Garfield County regulations. Complete plans must be provided in compliance with these Guidelines. Style and materials should match the character of the neighborhood. Temporary shelters, tents (other than for children's use) and metal storage units are not acceptable. 13. FIRE PROTECTION REQUIREMENTS Buildings are required to meet Garfield County Fire Mitigation Code requirements for fire flow. 14. UNDERGROUND UTILITIES Utility lines (e.g. water, septic, sewer, electric, gas, CATV) from individual structures must be placed underground and comply with the utility plan for the Property. 10 • • • • C. ARCHITECTURAL DESIGN GUIDELINES All requirements noted within this section which are pertinent to development on an Owner's Lot shall be incorporated into the Construction Plan Review submittal in the form of general notes, details or drawings. 1. OVERALL DESIGN AND PROFESSIONAL ASSISTANCE Owners are required to use a registered, accredited architect or experienced professional familiar with Garfield County codes and cold -weather design for their residence. The professional shall visit the Lot prior to the initial submission. Plans shall be stamped by an architect or structural engineer licensed by the State of Colorado. "Off the Shelf' or stock plans which do not meet the expressed intent of these Guidelines are not acceptable design solutions for improvements. The Committee encourages individuality in exterior appearance. The use of high quality manufactured housing is subject to the sole discretion of the Committee based on adherence to the requirements and goals of these Guidelines. 2. DESIGN AND CONFIGURATION The goals of architectural design for Pioneer Glen are to encourage the integration of buildings with their site, and to ensure a high level of design quality throughout the community. It is intended that the design of the Lots and Improvements be as indigenous to the physical and historical context of the Battlement Mesa region as possible. These goals will be achieved by sensitive design and the use of building materials and colors that blend Improvements with their site. Special consideration will be given to the siting of development with emphasis on the relationship to existing grades, preservation of natural Lot features, trees, plants and the relationship to neighboring Lots. All homes shall be sensitively sited to respect the orientation to and from existing residences. Residences shall have exterior elevations, roofs and details that are coordinated and consistent in their architectural treatment. Care shall be given to proportion, scale and massing. Front entries and facades shall be prominent features. Garages shall not dominate the architecture of the structure and shall be subordinate to the residence. Garage walls shall be set back behind the front primary walls of the home. Generally, simple pitched roofs (4:12 to 12:12) are encouraged because of their varied lines and snow shedding properties, as are roofs which utilize the gable configuration with sheds and dormers as complementary form devices. Flat and hip roofs should be used for linking purposes and as minor design elements for roofs with the gable configuration. Hip roofs are acceptable. Mansard and "A -frame" roof elements shall not be allowed. "Street -oriented" facade design or "theme" design transplanted from another time or area such as Chalet, Hacienda, Colonial, and Tudor are not acceptable. 3. MINIMUM SQUARE FOOTAGES Minimum floor areas for single family homes in the Property, excluding basements, porches, decks and garages, shall be 900 square feet. Lot coverage shall not exceed the maximum allowed coverage of 15%. 11 4. BUILDING HEIGHT Building height limits promote buildings in harmony with, and subservient to, the surrounding natural features. Consideration must be given to views from neighboring Lots. Building height limits are 25 feet. All building heights shall be measured as defined in the Garfield County Land Use and Development Code. 5. ROOFS Roof forms shall be simple and shall utilize gable and hip configurations, except as noted. Shed roofs may be permitted as secondary roof forms provided they are attached to the primary building form. Flat roofs may be used only for limited connecting elements linking other roof masses. Mansard, gambrel and A -frame roof forms are not permitted. With the exception of flat connecting roofs, all roof slopes shall be a minimum of 4 in 12 to a maximum of12in12. No roofs shall be built over setback lines or building envelope lines. Every attempt should be made to protect pedestrian and vehicular areas from shedding snow. Cold roofs are recommended to avoid ice damage. Dormers, clerestories, cupolas and chimneys are encouraged as an additional means to break up the roof form. Acceptable roof materials include fire retardant wood shingles and shakes, high-definition heavyweight composition shingles (minimum 30 -year warranty), concrete tile, and metal roofs; subject to the Committee's review of visibility, reflectivity and appropriateness. All roofs shall be of a material, color and texture approved by the Committee. 6. FOUNDATIONS Foundations form the base on which the structure will be sited. Native stone and river rock are encouraged. Exposed concrete walls over three (3'-0") feet in height shall be faced with wood, sand blasted, stained, or surfaced with a textured stucco. Foundations shall be of concrete construction and designed by an architect or professional engineer, and must take into account the information generated by the soils report for the specific Lot. The Committee recommends that all Owners obtain a geotechnical report to verify their Lot soils conditions before construction. 12 • • • • • • 7. EXTERIOR WALLS AND WINDOWS Walls should project a sense of strength and support. The wall openings should be placed in an informal yet ordered fashion, taking care to avoid random or unusual window patterns. Window types should be limited to a few different sizes and placed carefully into the wall plane. Windows should be placed in large groupings (to avoid large uninterrupted glass areas) or puncture the solid wall at a few key locations. Window trim should match other materials used on the building facade. Insulated glass windows are required by state and local energy codes. Clear, solar gray and solar bronze glass may be used. Other colored, reflective or mirrored glass is not permitted Materials allowed for exterior walls are logs, log siding, stone, shakes and shingles, wood siding, board and batten, and brick or textured stucco in natural tones. Synthetic stone may be used upon review and approval of the Committee. Stucco shall be limited to a maximum of fifty percent (50%) of exterior wall areas. The Committee may consider exposed architectural concrete when stained, sand blasted, and/or textured. Materials not permitted for exterior walls include plywood siding, synthetic siding, ferro cement siding, concrete block, brick, unit masonry, adobe, and contrasting light or dark grout or mortar. T! li_ NEXT S"I�EP 13 8. MATERIALS AND EXTERIOR FINISHES The goals of Pioneer Glen design theme stress consistency and enhancement of the existing environment. In keeping with this goal, material and color selection should reflect an extension of the natural environment. Natural colors or transparent finishes should be used to seal and enhance the natural beauty of the materials. Large, unbroken wall planes of a single material shall be avoided. Walls shall be broken by detailing, material selection, and depth to provide a pleasing and sensitive design. Changes of building material shall occur at inside (versus outside) corners. Stepped fascias comprised of multiple layers of trim material shall be used to provide relief. Exterior residence colors shall generally be muted in tone, low in contrast, and complementary to the natural surroundings; provided, that the Committee will consider all coloration schemes based on their architectural merit and compatibility to the community as a whole. All exposed metals (except for natural metals such as copper and zinc), sheet metals, or primed woods shall be painted to natural muted, non -contrasting colors. Colors for clad windows and other pre -finished materials shall be selected to complement other building materials. Color samples on all actual proposed materials must be submitted to the Committee at the construction document review to determine the appropriateness for Painted Pastures. 14 • • • 9. DOORS Solid core wood, plank, or hollow metal doors are acceptable for exterior doors. Any painted materials must be of an approved color. Door designs complementary to the overall residence design are required. Sidelights and transoms are encouraged at entry doors. It is encouraged that garage doors be orientated away from the street. 10. TV DISHES AND ANTENNAS Large satellite dishes and radio/T.V. antennas shall not be allowed. Satellite dishes, 18" in diameter and smaller, may be approved on a case by case basis. 11. DECKS, BALCONIES, RAILINGS These elements enhance overall architecture by creating variety and detail. Long balconies should be avoided. Railing systems should be subtle and blend into architecture. Decks should be located to capture views, yet obtain good solar exposure. Avoid roofs dripping onto decks and balconies. Decks shall be designed to minimize unsightly supporting structures and to complement the total design. 15 12. SKYLIGHTS Skylights, when used, shall be flat glass with frames colored to match adjacent surfaces and shall be integrated with the roof form to be as unobtrusive as possible. Special consideration shall be given to color, finishes, and reflective aspects of skylights as they may affect neighboring Lots. 13. EXPOSED METAL, VENTS, GUTTERS All exposed metals such as fascias, flashing, wall vents, roof vents, metal enclosures, and chimneys shall be primed and painted to match adjacent surfaces. Reflective or Contrasting finishes are not acceptable. Vents shall be grouped wherever possible. Gutters should be used sparingly due to freezing conditions. 14. CHIMNEYS AND NATURAL GAS FIREPLACES Chimneys and fireplace flues can be strong design elements which help to add visual relief to the roof design. The chimney or flue must be enclosed by a chimney cap and be in a material compatible with the materials and finishes of the exterior walls and roof of the residence. Spark arresters must be used on all chimneys and flues. All exposed exterior sheet metal should be painted to match adjacent surfaces. No open hearth solid -fuel fireplaces will be allowed anywhere within the subdivision. One (1) new solid - fuel burning stove as defined by Garfield County 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. 16 • • • • • 15. SOLAR ENERGY Energy saving features and passive solar design considerations are encouraged whenever possible. Active solar applications are encouraged as an integral part of the architectural design. Solar panels, when used, shall be integrated with the roof form to be as unobtrusive as possible. Roof mounted solar panels shall be flat glass with frames colored to match adjacent surfaces and shall be installed flush with the roof line. Special consideration shall be given to color, finishes and reflective aspects of solar panels as they may affect neighboring Lots. 16. RADON GAS AND CARBON MONOXIDE Although no studies have been conducted on the site regarding radon gas, the Committee recommends that each individual lot within Pioneer Glen be tested by a competent professional for the presence of radon gas. If a radon gas ventilation system is determined to be desirable, the designer of the residence should be notified to include it in the structure's design. Carbon monoxide detectors are also encouraged. 17. FIRE PROTECTION A 2500 gallon underground storage tank has been provided at the entrance to each Lot for Fire Protection. All dwelling units shall have smoke detectors installed in accordance with applicable building codes. It is the Owner's responsibility to verify whether a sprinkling system is required per code requirements and/or Fire District recommendation. 18. INTERIOR WINDOW COVERINGS Only materials intended for use as window coverings that are visible from the exterior shall be allowed. (No temporary use of towels or foil, etc.) 19. CHANGES No material changes in plans or materials previously approved may be undertaken without approval of the Committee. No work shall be undertaken (other than routine maintenance and repair) which will result in material changes in the exterior appearance of an approved residence, including painting or staining, without prior, written approval of the Committee. 17 D. LANDSCAPE/REVEGETATION GUIDE 1. INTRODUCTION This guide provides useful information necessary for the preparation of a landscape/revegetation plan as well as the installation and maintenance of landscaping. All new homes at Pioneer Glen must have a landscape/revegetation plan consistent with this guide prior to Construction Document Review by the Pioneer Glen Design Review Committee. The primary emphasis of this document is restoration (revegetation) of the natural environment. With certain exceptions, "formal" landscaping on a large scale is discouraged. Formal landscaping shall be confined to small areas at the entry of the home. 2. LANDSCAPE/REVEGETATION PLAN REQUIREMENTS The landscape/revegetation plan should consist of three sheets: an Existing Conditions Plan; a Construction Impact Plan; and, Proposed Landscape/Revegetation Plan. All three sheets should conform to the following standards: a sheet size of 24"x 36" (larger projects may require a larger sheet size). north arrow and scale. A scale of 1" = 20' is recommended. - topographic contours at two foot intervals. The individual plans shall contain the following detailed information applicable to each plan. If it can be done legibly, these plans may be incorporated into a single sheet. a. EXISTING CONDITIONS PLAN Location of the following: 1. All trees on and adjacent to the property. 2. Significant native shrubs on and adjacent to the property. 3. Property lines and easements. 4. All utilities. 5. Roads and/or driveways. 6. Significant features of the site such as views, water courses, large rocks, etc. 7. A portion of adjacent structures. If an adjacent Lot has not yet been developed show a portion of the Lot. With the exception of adjacent structure information, this plan contains all of the information normally requested by an architect in a topographic survey of the property. b. CONSTRUCTION IMPACT PLAN This plan serves two purposes. First, it focuses the owner's, architect's and contractor's collective attention on minimizing site disturbance during construction. Secondly, this plan maximizes the opportunity to protect as much of the indigenous vegetation as possible. This plan shall contain the following information: 1. The limits of construction and grading activity. 2. Materials storage area. 3. Construction parking area. 4. The location of the chemical toilet. 18 • • • • • 5. Excavation material stockpile(s). These areas must be completely enclosed with snow fence or a similar barrier. All construction activity shall occur within the confines of the fencing. 6. All trees on site that will be retained. All trees within and adjacent to the Lot that are to be retained must be protected with fence. The fence must be placed outside of the drip line of the branches. This prevents construction vehicles from compacting the soil around the roots of the tree. If the tree is not protected in this manner, the compacted soil will eventually kill the tree. c. LANDSCAPE/REVEGETATION PLAN This plan shall contain the following information: 1. All vegetation to be retained on site. 2. All areas to be revegetated. Notes shall be provided that describe the method of revegetation, seed mixture and type of mulching to be used. 3. A plant list and legend that identifies all plant materials by common and botanical name. The size of plant materials must also be identified. Shrubs shall be described by container size and trees by height or trunk caliper. 4. New drainage swales created by regrading of the site. 5. Proposed site elements such as walkway lighting, retaining walls, berming, stone or concrete walks, etc. 3. DESIGN CONSIDERATIONS The Committee strongly encourages that site design focus on restoration of the natural environment. Structures shall be integrated with the natural features of the site. The revegetation process will take a few years to mature. Minimizing disturbed areas will hasten the healing process. Rapid revegetation also assists in erosion control. Irrigation is another major consideration of site design. The Committee does encourage the use of indigenous plant materials that after two or three years of watering (to allow the plant to establish itself) will gain all the moisture they need from rain and snow. Appropriate landscape design shall: retain existing plant materials and site features where possible. utilize indigenous plant materials for landscape/revegetation. help soften the hard edges of buildings, parking areas and other man-made elements. provide screening or buffering of adjacent structures. enhance the appearance of the site and the structures on the site. a. ELEMENTS OF LANDSCAPE DESIGN The successful completion of a landscape/revegetation shall result in a site that does not appear "landscaped". The site shall appear as if the new structure was placed on the site without disturbing the surrounding vegetation. Another element to consider in landscape design is recognition of the new microclimates created by the new structure. The plants that once grew on the northern portion of the property may not survive in the shade and shadow created by the north side of a building. Plants placed under roof sheds shall be tolerant to the additional moisture created by run-off from the roof. 19 As a general rule, formal landscaping features such as color beds and hedges are prohibited, except as noted below. Color beds and other formal landscape treatments are acceptable for entry features. b. SPECIAL CONSIDERATIONS Berming. Berming may be an appropriate design element for some landscape/revegetation applications. Berms must appear to be a natural landform. A pile of dirt is not an acceptable berm. Berms shall be compacted and have a maximum side slope of 2:1. RECOMMENDED: • Create a natural land form. • Use soil that will support and sustain plant life. • The scale of the berm shall be appropriate for the location. NOT RECOMMENDED: • Do not create berms with sharp peaks. • Do not create berms with steep side slopes. Berming may be an appropriate design element for some landscape/revegetation applications. Berms must appear to be a natural landform. A pile of dirt is not an acceptable berm. Berms shall be compacted and have maximum slope of 2:1. The top of a berm must be rounded, its side slope(s) must be smooth, and the toe of the slope must blend with the existing grade. Screening. Sometimes it may be appropriate to place a tree screen between a new structure and an adjacent home's deck or windows. The appearance from the adjacent property must be considered. The "picket fence" approach to tree planting is inappropriate. Trees shall be grouped to provide a "natural" appearance, provide an adequate screen and maximize the aesthetics from both properties. Rock. It is not uncommon to uncover very large rocks during foundation excavation. In some instances a large rock can be used very effectively to add visual interest to the landscape. The end product shall appear to be a natural part of the landscape and not something left on the site. Plant Materials. Owners should plant a diverse variety of species. Owners should contact a local landscape professional. Restoration of the "natural condition," except in those areas that are "an extension of the living area," is required. Landscaping shall consist of native grasses, flowers and small plantings that require little or no maintenance after establishment. High water consumptive plants and sod are 20 • • • • • prohibited. In addition, any homesite that causes disturbance to the hillside must be revegetated immediately. This steep slope has the potential for severe erosion problems if proper revegetation and slope stabilization techniques are not used. Extensive use of native wildflowers and trees is strongly encouraged. The use of temporary water -conservative irrigation systems are encouraged to establish newly planted vegetation. 4. READING RESOURCES: A Guide to the Wood Plants of Colorado, by George W. Kelly, Pruett Publishing, Boulder 1970. Best Garden Plants for Colorado, by Betsy Lehndorff and Laura Peters, Lone Pine Publishing International, 2007. Field Guide to Rocky Mountain Wildflowers, by John J. Craighead and Frank Jr. and Ray Davis, Outdoor Recreation Institute, Houghton, Mifflin Company, Boston 1963). "Native Plant Revegetation Guide for Colorado: Caring for the Land Series, Vol III," by Colorado Natural Areas Program, Colorado State Parks, and Colorado Department of Natural Resources, October 1998. "Pioneer Glen Subdivision: Integrated Vegetation and Noxious Weed Management Plan," by Clark Ecological. • Xeriscape Colorado: The Complete Guide, by Connie Lockhart Ellefson and David Winger, Westcliffe Publishers, 2004. 21 5. MINIMUM PLANT MATERIAL QUANTITIES: The following landscape quantities are the minimum requirements. The Committee encourages additional plantings that compliment these guidelines. Each Lot shall comply with the following minimum planting requirements: a. FRONT YARD LANDSCAPE Front yards shall be installed by the Owner prior to receiving the Certificate of Occupancy and shall be landscaped and irrigated according to the following landscape requirements: 1. The Owner is responsible for planting a minimum of three (3) deciduous and/or evergreen trees. Deciduous trees must be a minimum 2" caliper and evergreens must be a minimum of 6' tall. Two (2) ornamental trees may be substituted for a deciduous or evergreen tree. 2. A minimum of five 5 -gallon shrubs will be required. Acceptable shrubs are listed in the Recommended Plant List. 3. Lawns shall consist of native low growing grass mix. 4. It is the responsibility of the Owner to ensure that the minimum required landscape has been provided. 5. All plant materials shall have a 1 -year warranty. It is the responsibility of the Owner to replace dead plantings per the recommended plant sizes. b. REAR YARD LANDSCAPE Rear yards shall be installed by the Owner prior to receiving the Certificate of Occupancy and shall be landscaped and irrigated according to the following landscape requirements: 1. The Owner is responsible for planting a minimum of three (3) deciduous and/or evergreen trees. Deciduous trees must be a minimum 2" caliper and evergreens must be a minimum of 6' tall. Two (2) ornamental trees may be substituted for a deciduous or evergreen tree. 2. A minimum of five 5 -gallon shrubs will be required. Acceptable shrubs are listed in the Recommended Plant List. 3. Lawns shall consist of native low growing grass mix. 4. It is the responsibility of the Owner to ensure that the minimum required landscape has been provided. 5. All plant materials shall have a 1 -year warranty. It is the responsibility of the Owner to replace dead plantings per the recommended plant sizes. 6. RECOMMENDED PLANT LIST The following is a list of plant materials recommended for Pioneer Glen. If you have questions on specific plants, please contact a local nursery. Botanical Name Common Name a. NATIVE SHRUBS Cercocarpus ledifolius Artemesia tridentate tridentata Atriplex canescens Amelanchier uthahensis Rhus trilobata 22 Mountain Mahogany, Curl Leaf Sagebrush, Basin Big Saltbrush, Four -wing Serviceberry, Utah Sumac, Skunkbush Minimum Size 5 gal. 5 gal. 5 gal. 5 gal. 5 gal. • • • • • • b. ORNAMENTAL SHRUBS Prunus Besseyi Buddleia Fallugia paradoxa Juniperus commonus montana Caryopteris x clandonensis Potentilla fruticosa Ribes Aureum Rosa Woodsii c. NATIVE FORBS Achillea millefolium occidentalis Hedysarum boreale Linum lewisii Penstemon strictus Sphaeralcea coccinea Lupine d. TALL PERENNIALS Helianthus Consolida Papaver Salvia Cleome serrulata Cleome hassleriana Euonymus alatus Cosmos Phlox Echinacea purpurea Rudbeckia Perovskia atriplicifolia Achillea millefolium Malvaviscus drummondii e. MOUNDING PERENNIALS Dianthus Lavandula angustifolia Leucanthemum Scutellaria Lantana Aquilegia Linum Gaillardia Aster Oenothera Tanacetum Callirhoe Sand Cherry Butterfly Bush Apache Plume Juniper Blue Mist Spirea Cinquefoil Golden Currant Wild Rose Western Yarrow Northern sweetvetch Blue Flax Rocky Mountain Penstemon Scarlet Globemallow Lupine 23 Sunflower Larkspur Poppies Indigo Spire Salvia Bee Balm Spider Flower Firebush, Burning Bush Cosmos Phlox. Cone Flower Black -Eyed Susan Russian Sage Yarrow Turks Cap Pinks English Lavender Shasta Daisies Pink Skull Cap Lantana, Shrub Verbena Columbine Blue Flax Blanket Flower. Aster Evening Primrose Feverfew Wine Cups. 5 gal. 5 gal. 5 gal. 5 gal. 5 gal. 5 gal. 5 gal. 5 gal. f. ANNUALS Tropaeolum Lantana Consolida Coreopsis Cosmos Verbena Senecio Osteospermum Cleome g. BULBS, CORMS, TUBERS Narcissus Crocus Iris Scilla Tulipa Pentas Nasturtium Lantana Larkspur Tickseed Cosmos Verbena Dusty Miller Sun Daisy Spider Flower Daffodil Dutch Crocus Iris Siberian Squill Tulip h. GROUNDCOVERS, CREEPING, FILLER PLANTS Thymus Violaceae Stachys byzantina Fragaria sp. Varies Sedum Thymus Cerastium tomentosum Delosperma Arctostaphylos uva-ursi i. EVERGREEN TREES Pseudotsuga Menziesii var. glauca Picea Pungens Pinus Aristata Pinus Edulis Pinus Ponderosa Picea Pungens Picea Engelmannii j. DECIDUOUS TREES Sorbus Scopulina Fraxinus Americana Populus Angustifolia Tilia Cordata Tilia Euchlora Gleditsia triacanthos inermis Gleditsia tri. inermis Quercus Macrocarpa Quercus Gambelii 24 French Thyme Johnny Jump -Ups Lambs Ear Wild Strawberry Herbs Sedum Woolly Thyme Snow In Summer Ice Plant Kinnikinnick Fir, Rocky Mountain Douglas Fir, White Pine, Bristlecone Pine, Pinon Pine, Ponderosa Spruce, Colorado Blue Spruce, Engleman Ash, Greene's Mountain Ash, Autumn Purple Cottonwood, Narrowleaf Linden, Little Leaf Linden, Redmund Locust, Shade Master Locust, Skyline Oak, Burr Oak, Gamble 6' tall 6' tall 6' tall 6' tall 6' tall 6' tall 6' tall 1.5" caliper 1.5" caliper 1.5" caliper 1.5" caliper 1.5" caliper 1.5" caliper 1.5" caliper 1.5" caliper 1.5" caliper • • • k. ORNAMENTAL/FRUIT TREES Malus sp. Acer negundo Celtis laevigata var. reticulata Acer Ginnala 1. ORNAMENTAL GRASSES Schizachyrium Andropogon Festuca Pennisetum Muhlenbergia Apple Apricot Cherry "Flowering", European Bird Cherry "Flowering", Shubert Crab Apple Boxelder Hackberry, Netleaf Maple, Amur Peach Pear, Aristocrat Pear, Bradford Pear, Redspire Plum, Purple Leaf Flowering Plum, Newport Plum, Thundercloud Little Bluestem Big Bluestem Blue Fescue Fountain Grass Muhly Grass 1.5" caliper 1.5" caliper 1.5" caliper 1.5" caliper 1.5" caliper 1.5" caliper 1.5" caliper 1.5" caliper 1.5" caliper 1.5" caliper 1.5" caliper 1.5" caliper 1.5" caliper 1.5" caliper 1.5" caliper All seeding shall be done with a proven grass seed mix and sown at recommended application rate. The seed mix purity rate shall be a minimum of 90-95 percent pure live seed (PLS). Certain slope aspects, particularly those which are south facing, may require special planting such as water and mulching to ensure successful plant establishment. Recommended seed mixtures are as follows: NATIVE REVEGETATION RECOMMENDATION Common Name/ No. % of Mix by Preferred Cultivar PLS/Ft2 PLS Wt. Indian Ricegrass/ 4 12.5 Paloma* Needle and Thread 4 15.0 Scientific Name/ Seeds per Pound Achnatherum hymenoides 140,000 Hesperostipa comata comata 115,000 Pascopyrum smithii 140,000 Pseudoroegneria spicata spicata 140,000 Sitanion hystrix 192,000 Poa canbyi 925,000 *Accept no other cultivar for this site. Western wheatgrass/ 10 31.0 Arriba* Bluebunch wheatgrass/ 10 31.0 P7 Bottlebrush squirreltail 4 10.0 Canby bluegrass/ 4 00.5 Canbar Application Rate Lbs PLS/acre 1.25 1.50 3.10 3.10 0.90 0.19 Total 36 PLS/Ft2 100 10.04 Lbs. PLS/AC 25 Garfield County Native Low Grow Mix (available from Rivendell Distribution & Sod Farm) Common Name Pure Live Seed (PLS) % Blue Fescue Blue Grama Sideoats Grama Arizona Fescue Indian Ricegrass Prairie Junegrass Sandberg Bluegrass Bottlebrush Squirreltail 26 19.68% 19.50% 18.88% 14.15% 9.94% 4.40% 2.45% 2.34% • • • • • E. REVIEW PROCESS These Guidelines provide a framework for the Committee to review, process and approve residential construction in the Property. An owner must comply with the following procedures to secure necessary approvals, as well as all Garfield County building code requirements. An owner should reply in writing to any concerns expressed by the Committee during the Review Process. Address all written submittals to: Pioneer Glen Design Review Committee c/o Rocky Mountain Realtors 820 Castle Valley Blvd., #108 New Castle, CO 81647 Submitted documents should be reproducible for ease of Committee review. The Committee shall attempt to respond to all written submittals within fourteen (14) days of their receipt. All Committee approvals shall be valid for a period of one (1) year from the date of issue. If construction of an approved structure has not commenced within said period, the Review Process must be started anew. 1. ORIENTATION MEETING AND STATEMENT OF DESIGN INTENT (DISCRETIONARY WITH COMMITTEE) Purpose: To ensure familiarity with the Guidelines and communicate the owner's design intentions to the Committee. Composition of Meeting: An on-site meeting between the Committee or its Chairman and the Owner and his architect to address applicable standards and constraints. Form of Submittal: a. Two copies of a written and/or graphic explanation to include the design approach, siting philosophy, and materials to be used. b. Two copies of a preliminary site plan (Scale 1/8"=1') to include building location, driveway, parking, grading, tree locations and any other explanatory materials the owner may wish to submit. 2. SKETCH PLAN REVIEW Purpose: To communicate to the Committee through drawings and relating materials the owner's design and conformance to the Guidelines. Note: An owner who submits combined preliminary and working drawings does so at his own risk. If the Committee requires material changes, a resubmittal evidencing such changes must be presented to the Committee. Form of Submittal: Two copies of the following items: a. Lot plan (Scale 1/8"=1') to include, but not be limited to, building location, driveway, parking, grading, tree locations identified for removal or protection by snow fencing, designated storage areas for excess fill, construction debris and materials, a designated parking area for construction vehicles, other temporary structures to facilitate construction, existing and proposed contour lines at 2' intervals, decks, utilities and accessory development of any kind. b. Floor plans, roof plans, building sections (1/4" = 1'). 27 c. Exterior elevations (1/4"=1') to include existing and proposed grade levels, material and color indications. d. Schematic landscape plan to include existing and proposed plant material and configuration. e. At Committee discretion, a model or perspective sketches to explain building form and character. 3. CONSTRUCTION PLAN (WORKING DRAWINGS) REVIEW Purpose: To ensure working drawings conform with the approved Sketch Plan. Preliminary design changes should be clearly delineated. Form of Submittal: Two copies of the following items: a. Lot plan 1/8" = l'; Lot plan and roof plan at 1" = 100'. b. Floor plans, roof plans, exterior elevations, details, building sections at 1/4" = 1'. c. One collage (8-1/2" x 11") of exterior materials, colors, texture. d. Specifications, finish schedules, including compliance with the Construction Period Regulations (see Appendix 2). e. "Site staking" of building corners, driveway, other improvements. f. A construction schedule to include starting and completion dates of the building as well as the revegetation work. Contract documents must be approved in writing by the Committee prior to submission to the Garfield County Building Department for a building permit. 4. ' PRE -CONSTRUCTION SITE MEETING Purpose: To ensure construction staging is consistent and in accordance with these Design Guidelines and the construction period regulations. Time: A Committee member or its agent shall meet with the Owner and his contractor at the site after the Construction Documents have been approved and prior to construction. Items of review are shown on the attached sample Pre -Construction Review Checklist. 5. CONSTRUCTION PERIOD REVIEW Purpose: To monitor the progress and compliance of the Owner's contractor to the construction documents as approved by the Committee and the construction period regulations. Time: A Committee member or its agent shall periodically visit and monitor the construction to determine compliance with the construction document approval. Items of review are shown on the attached sample Interim -Construction Review Checklist. Any items of non-compliance shall be immediately corrected or removed by the Owner and/or his contractor. 6. PROJECT COMPLETION REVIEW Purpose: To ensure the fmal building form is consistent and in accordance with the construction document approval. 28 • • • • • • Submittal: The owner or his representative shall inform the Committee in writing ten (10) days prior to the occupancy permit inspection by the Garfield County Planning Department. Time: The Committee shall then schedule an on-site meeting with the Owner and/or his representative to review the construction to ensure the final exterior building form is substantially in accordance with the approved contract documents. The Committee will respond in writing within one week of receipt of the conformance or non-conformance of the final building form. Non -conforming improvements identified by the Committee shall be promptly removed or corrected by the Owner or his representative. These Standards and Procedures are adopted by the Design Review Committee for Pioneer Glen on the day of , 200 29 APPENDIX 1 PIONEER GLEN CONSTRUCTION PERIOD REGULATIONS These regulations shall be a part of the construction plans and specifications for each residence. All contractors and owners shall abide by the Guidelines, these regulations, and applicable sections of the Declaration with respect to construction on a Lot. The owner or architect must obtain written Committee approval and a sign -off sheet from Garfield County and all applicable review agencies prior to submitting building plans to the Building Department for plan check. The owner or the architect must receive final approval from the Committee and obtain a building permit from Garfield County prior to commencing construction. 1. CONSTRUCTION LIMITS The architect shall provide a detailed plan of construction limits on the Lot plan prior to construction. The plan shall be implemented with snowfencing, rope, barricades or like material prior to construction. The plan shall include size and location for a construction material storage area, limits of excavation, drive areas, parking, chemical toilet location, temporary structures, dumpster, fire extinguisher, utility trenching, and construction design. 2. TEMPORARY STRUCTURES AND STORAGE AREAS Use of construction shelters shall be approved in writing by the Committee prior to installation. Request for approval must address a structure's size, configuration and location. All temporary structures shall be removed after the occupancy permit issuance. Storage areas shall be fenced according to approved construction limits areas designated on the site plan. The contractor shall maintain and store construction materials, trash and equipment in these areas" 3. DAILY OPERATION, CHEMICAL TOILETS AND FIRE EXTINGUISHERS Daily construction working hours shall be 7:00 a.m. to 7:00 p.m. The contractor shall provide a chemical toilet in a Committee approved location during the entire construction period. 4. EXCAVATION Excess excavation material may be stored within a snowfenced area for up to two weeks before removal from the Lot. Excess topsoil for future landscaping may be stored within a snowfenced area for longer periods provided it is promptly used when construction dictates. Excavation material shall not be placed in common area, roads or other Lots. Any excess excavation material should be disposed in an authorized location. Excavation, except for utility trenching, shall be on the owner's Lot. 5. DEBRIS AND TRASH REMOVAL Daily cleanup of the construction site is mandatory. Proper disposal of refuse and storage material is the contractor's responsibility. Debris and trash shall be removed on a regular basis to the County dump. Burning of trash or construction debris is prohibited. 6. VEHICLES, PARKING AND CONSTRUCTION ACCESS All vehicles will be parked in the designated area shown on the site plan so as not to inhibit traffic or damage surrounding natural landscape. Vehicles shall not be left on the Property's roads overnight. The only approved construction access during the construction period will be over the approved driveway for the Lot unless the Committee approves an alternative access point. 30 • • • • • • 7. BLASTING, RESTORATION AND REPAIR Blasting plans must be reviewed and approved by the Committee before commencement. Proper safety and protective actions shall be used. Damage to any property other than the owner's shall be promptly repaired at the expense of the person or entity causing the damage. 8. DUST, NOISE AND ODOR The contractor must control construction dust, noise and odor. Radios, tape players, etc. must not disturb adjacent Owners. The contractor is responsible for watering, screening or oiling dust problem areas. 9. SIGNAGE One free standing construction sign is allowed per Lot, not to exceed 6 square feet of total surface area unless a larger sign is approved in writing by the Committee for larger scale projects. No signs shall be placed on or nailed to trees. The sign must List the project name and lot number at the top, and may contain the name, address and phone number of the owner, architect, contractor, and lender. 10. EROSION AND SEDIMENT CONTROL Per the erosion control and revegetation plan for the Lot, the contractor shall minimize erosion by utilizing an interim drainage system to control water on site, stabilize the soil and revegetate the Lot as quickly as possible. 11. PROHIBITIONS ON PROPERTY The following items are prohibited in the Property: a. Oil changing of vehicles and equipment without proper receptacles and removal procedures b. Concrete equipment cleaning or concrete dumping without proper cleanup and restoration c. Careless treatment of trees or preservation areas d. Removing any rocks, trees, plants, topsoils, etc. from any portion of the Property other than the Owner's e. Exceeding 25 miles per hour on any Property roads or driveways f. Careless use of cigarettes or flammable items g. Firearms h. Use of spring surface or irrigation water for any purpose. 31 Date of Submittal APPENDIX 2 PIONEER GLEN ARCHITECTURAL REVIEW COMMITTEE APPLICATION Property Lot Owner Address Phone Architect Engineer Contractor Block ❑ Orientation Meeting/Statement of Design Intent Date O Owner/Architect shall submit Architectural Review Committee Application and Review Fee of $100.00 ❑ Owner/Architect shall confirm review of the Architectural Design Guidelines, Declaration of Covenants, and Garfield County Building Regulations ❑ Owner/Architect shall submit two (2) copies of a narrative and/or graphic explanation to include the design approach, siting philosophy, and materials to be used ❑ Owner/Architect shall submit two (2) copies of a preliminary site plan (1/8"=1'-0") to include building location, driveway, parking, grading, tree locations and any other explanatory materials the Owner may wish to submit ❑ Projected Construction Start • Schematic Design Submittal/Design Development Review Date ❑ Owner/Architect shall provide two (2) sets of preliminary plans including: ❑ Site Plan (1/8"=1'-0" w/surveyed contours (at 2' intervals minimum), setbacks, and easements) with proposed building location (including building overhangs and decks), driveway, parking, grading, tree locations identified for removal or protection, designated storage areas for excess fill, construction debris and materials, a designated area for construction vehicles, other temporary structures to facilitate construction (dumpster & temporary toilet), utilities, accessory development of any kind (fences, enclosures, & out buildings), and significant adjacent features (including structures) ❑ Floor plans, roof plans, and building sections (1/4"=1'-0") including proposed square footage ❑ Exterior elevations 1/4"=l'-0") to include existing and proposed grade levels, material and color indications. ❑ Schematic landscape plan to include existing and proposed plant material and configuration ❑ Soils Report by registered engineer ❑ At Committee discretion, a model or perspective sketches to explain building form and character ❑ Construction Plan Submittal/Specification Review Date ❑ Owner/Architect shall provide two (2) sets of final Construction Documents (as submitted to the Building Department) with any changes to the approved schematic design submittal clearly marked including: ❑ Site Plan (1/8"=l'-0" w/surveyed contours (at 2' intervals minimum), setbacks, and easements with proposed building location (including building overhangs and decks), driveway, parking drainage & grading, culverts, retaining walls, utilities, snow storage, tree locations identified for removal or protection, designated storage areas for excess fill, construction debris and materials, a designated area for construction vehicles, other temporary structures to facilitate construction (dumpster & temporary toilet), utilities, accessory development of any kind (fences, enclosures, out buildings, sport and playground equipment, and satellite dishes are subject to Committee approval),and significant adjacent features (including structures) O Landscape Plan (1/8"=l'-0") including existing vegetation and proposed landscaping materials and configuration (conforming to Appendix 1 — Landscaping Minimum Requirements & Considerations) O Floor Plans (1/4"= l'-0") 0 Square footage 32 • • • • • • ❑ Roof Plan (1/4"=1'-0") ❑ Roof penetrations (TV dish and exterior radio antennas are generally not acceptable) O Exterior Elevations (1/4"=1'-0") O Existing & proposed grades Building height as determined by Development Code O Finish materials (including trim and fascia) with colors indicated O Windows & doors with color indicated (divided lights and window grids are not acceptable) O Overhangs/Eaves (18" minimum) O Chimney enclosure and cap (Exposed flue pipe is not permitted) O Decks, balconies, and railings O Exterior lighting and fixtures O Building Sections (1/4"=l'-0") ❑ Details O Structural plans (including engineered foundations) ❑ 8 1/2" x 11" collage of exterior materials and colors (roof, fascia and soffit, siding, trim, windows, exposed metal (flashing & drip edge), and stone) O Specifications and finish schedule (including compliance with Appendix 2 — Construction Period Regulations) ❑ Staked building corners, driveway, and other improvements O Construction Schedule (to include starting and completion dates of building as well as revegetation work) O Contract documents must be approved in writing by the Committee prior to submission to the Garfield County Building Department for a building_permit O Pre -Construction Inspections O Notification 48 hours prior to start of construction O Site inspection of staking O Excavation and grading permit O Building permit O Project Completion Review ❑ Notification 10 days prior to C/O inspection ❑ Inspection of compliance with approved Construction Plan Submittal O Notification of compliance 33 Date Date APPENDIX 3 PIONEER GLEN DESIGN REVIEW COMMITTEE CHECKLIST COMMITTEE MEMBERS Date: Date 1. HEIGHT OF STRUCTURES OK SUGGESTED MODIFICATIONS 1.1 25' Maximum measured per County code 1.2 Screening of solar heating mechanisms to adjacent Lots 2. LOCATION OF DWELLING & SETBACKS 2.1 In accordance with Plat 2.2 Compatible with neighborhood, natural terrain 3. ROOFS 3.1 Material, color and texture 3.2 4:12 to 12:12 pitch 3.3 Asphalt shingle, fire retardant wood shingles, concrete tile or metal roof (natural color) 4. COLOR 4.1 Exterior colors blend with natural landscape 4.2 Accent colors used with restraint 34 • • • • • • 5. FLOOR SPACE 5.1 Measure from exterior wall to exterior wall; exclude garage, patios, decks, basement (Note area) 6. MATERIALS 6.1 Natural materials 6.2 Stains, woods, stone or stucco (natural colors) 7. CULVERTS 7. l If required for driveway, installed at Owner's expense 8. LOT DRAINAGE & GRADING 8.1 Minimum site disruption 8.2 Shall not drain to adjoining Lots 8.3 Prior written approval from Committee obtained when grading extends to common area 9. HOUSE NUMBERS & SIGNS 9.1 Street number visible from adjacent road 9.2 No other signs 35 10. PAVED AREAS 10.1 Driveway meets Garfield County specs 10.2 Materials used to create paving patterns subject to Committee approval 11. BUILDING PROJECTIONS 11.1 All projections match the color of the surface from which they project 11.2 No antennas or satellite dishes 12. EXTERIOR MECHANICAL EQUIPMENT 12.1 Incorporated into overall design and screened 13. FOUNDATIONS 13.1 Poured concrete and foundations not exposed 13.2 Foundation finishes: textured stucco, masonry installed native rock, wood 13.3 Phased foundations discouraged 14. RETAINING WALLS 14.1 Native stone, boulders, landscape timbers, treated logs, other. 36 • • • 15. ACCESSORY STRUCTURES 15.1 Architecturally compatible with dwelling 15.2 Committee approval for fences required 15.3 Screened and architecturally compatible with dwelling 15.4 Tents, metal storage units, etc. prohibited 16. EXTERIOR LIGHTING 16.1 Subdued, not directly visible 16.2 Subject to Committee approval 16.3 Mercury vapor, fluorescent, or incandescent 17. PARKING 17.1 Minimum of two garage space, plus two (2) uncovered 17.2 Snow stacking provided 18. CHIMNEY AND FLUES 18.1 Proximity of trees to chimneys and flues 18.2 Chimney spark screens and caps mandatory 37 19. LANDSCAPING 19.1 Minimize disruption 19.2 Revegetate and restore ground cover 19.3 Use indigenous species 19.4 Man-made elements blend, compatible with land 19.5 Bond or letter of credit requested by Committee if landscaping cannot be completed prior to occupancy 20. STORAGE OF EQUIPMENT 20.1 Boats, recreational vehicles and trucks stored in garage only 20.2 Construction equipment and machinery not stored on Property 21. WINDOWS 21.1 Maximum insulation 21.2 Insulated glass windows required 22. STYLE AND QUALITY 22.1 Dwellings with an unfinished appearance not permitted 22.2 "A" frame structures "Shelf' plans, urban styles inappropriate 22.3 Passive solar design encouraged 38 • • • • • 23. TREES 23.1 No living tree destroyed or removed without Committee approval 23.2Committee can replace improperly removed or destroyed trees at Owner's expense. 24. UTILITIES 24.1 Utility lines located underground 24.2 Meters, tanks and boxes screened from sight 24.3 Installation of water & septic lines (including backfill & compaction) completed ASAP 39 ATTACHMENT TO APPLICATION FOR STANDBY LETTER OF CREDIT APPLICANT: SPECIALTY RESTAURANT CORP. LETTER OF CREDIT WHEN ISSUED IS TO BE WORDED AS FOLLOWS: DATE: [of issuance] IRREVOCABLE STANDBY LETTER OF CREDIT NO. BANK OF THE WEST GLOBAL TRADE SERVICES 1977 SATURN STREET, (SC-MPK-02-G) MONTEREY PARK, CA 91755 BENEFICIARY: Board of County Commissioners of Garfield County ("BOCC") 108 8th Street, Suite 213 Glenwood Springs, CO 81601 Applicant: SPECIALTY RESTAURANTS CORPORATION 8191 E. KAISER BLVD. ANAHEIM, CA 92618 Establishment/Face Amount/Purpose/Expiration Date/Transferability We hereby issue, at the request of the Applicant, Irrevocable Standby Letter of Credit No. in an amount not to exceed Four Hundred Forty One Thousand Two Hundred Fifty Nine Dollars and Fifty Cents ($441,259.50). Applicant advises that the purpose of this letter is to secure the Applicant's performance of and compliance with the agreement between Applicant and Beneficiary, dated and titled "Pioneer Glen Subdivision, Subdivision Improvements Agreement". This Letter of Credit expires at Bank of The West, Metro Denver Office, 633 17th, Suite 2000, Denver, Colorado, or at Bank of The West, Global Trade Services SC-MPK-02-G, 1977 Saturn Street, Monterey Park, CA 9175,at 5:00 p.m. Mountain Standard Time on 200 . This letter is not transferable. Partial Releases Partial draws are permitted. The BOCC may authorize periodic reductions in the face amount of this Letter of Credit. The amount of this letter of credit will be irrevocably reduced on receipt by Bank of The West of letter from Board of County Commissioners of Garfield County (BOCC) referencing this letter of credit number and authorizing Bank of The West to decrease the letter of credit amount by the amount indicated in letter. Upon such reduction, the Bank shall be relieved of responsibility and liability under the terms and conditions of this letter of credit for the amount of the reduction. Conditions for Payment to Beneficiary Drafts at sight drawn on Bank of The West, Monterey Park, California, or Bank of The West, Denver, Colorado, submitted by Beneficiary must be accompanied by the following documents: 1. Beneficiary's signed statement executed by the Chairman of the BOCC or the BOCC's authorized officer stating: Specialty Restaurants Corporation, developer of Subdivision is in default of its obligations set forth in that certain Subdivision Improvements Agreement between Specialty Restaurants Corporation and the BOCC, dated , and recorded as Reception Number in Book at Page of the Real Estate Records of the Office of the Garfield County Clerk and Recorder. 2. The original Letter of Credit, endorsed on the reverse side with the words: "Drawn by the Board of County Commissioners of Garfield County, Colorado in the amount of $ (insert drawing amount) ," manually signed by the Chairman or the BOCC's BOARD OF COUNTY COMMISSIONERS GARFIELD COUNTY (Rev 062608) Page 1 of 2 authorized representative. Cancellation To cancel prior to the expiration date, this Letter of Credit and amendments, if any, must be returned to us for cancellation with a statement signed by Beneficiary, stating: "This Letter of Credit No. MBXXXXX is no longer required by the BOCC and is hereby returned to the issuing bank for cancellation." Issuer's Undertaking We hereby agree to honor each draft drawn under and in compliance with the terms of this Letter of Credit if presented, together with the documents above specified, to Bank of The West, Global Trade Services SC-MPK-02-G, 1977 Saturn Street, Monterey Park, CA 91755 or at beneficiary's discretion to Bank of The West, Metro Denver Office, 633 17th, Suite 2000, Denver, Colorado, on or before the date of expiration identified above. This letter is issued subject to the Uniform Customs and Practices for Documentary Credit ( 2007 Revision), International Chamber of Commerce Publication Number 600 and the Uniform Commercial Code at C.R.S., §4-1-101 et seq., as amended, and the Laws of the State of Colorado. Presentation of documents may be made by hand delivery, messenger service, courier service, registered or certified mail, and overnight mail. All payments under this letter of credit shall be made by transfer to your account with us or with another bank. We will rely solely on the account number specified in your wire transfer instructions without concern for its correctness. By Name Title Bank Suggested text has been reviewed and approved by: Applicant's Signature Account Officer's Signature BOARD OF COUNTY COMMISSIONERS GARFIELD COUNTY (Rev 062608) Page 2 of 2 Garfield County INTEROFFICE MEMORANDUM To: David Pesnichak - Building and Planning Department From: Scott Aibner — Garfield County Surveyor Subject: Pioneer Glen Subdivision Plat - Review Date: 05/31/2008 SURVEYOR SCOTT AIBNER, P.L.S Dear David, Upon review of the Pioneer Glen Subdivision Plat, I have prepared a list of comments or corrections to be made prior to approval for survey content and form. 1. Curve label C37 is not shown in the curve table. Once this revision has been made, the surveyor may prepare the mylar for record pending further requirements from your office. Sincerely, Scott Aibner As Garfield County Surveyor cc Jeff Tuttle: TSS 109 8 h Street, Suite201 • Glenwood Springs, C081601 • (970)945-1377 • Fax: (970)384-3460 • e-mail: saibner@garfield-countycom I39dd c, c ()Litho,-11)z:a alms., 970-625-1002 fed r„r„ 7950 Coltish lid 309 Rifle (0 x/650 I2L£bB60L6 61011.31 NiW ANDOa 02;t2 B002-80-50 Serol 970-618-2800 Bill To Specialty Restaurants Corp Attn Toby Guccini PO Box 88 New Castle CO 81647 Invoice Date Invoice # 4/5/2008 1802 Property Address Specialty Restaurants Corp Pioneer Glen County Road 300 Parachute, CO 81635 Time Terms 4:00 Due on rcccipt Weed Spraying Chemicals 04/04 Garton 3A 04/14 Garton 3A 04/15 Garton 3A Cut and stump treat Tamarisk and Russian Olives includes labor and materials. Estimated cost $3000 ;)* V Thank you for your business_ Applicators: Barry & Jodi Total $2,458.50 Keep off until dry. Commercial Applicators are Licensed by the Colorado Department of Agriculture 'd 200I -S29 -13L6 snotetJas -oopvn0 BBB ,nous mwmwmnmn dLs:eo 80 eo ReW