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HomeMy WebLinkAbout1.0 ApplicationSKETCH PLAN APPLICATION FOR THE HIGHLINE RANCH SUBDIVISION GARFIELD COUNTY, COLORADO HCE JOB NUMBER: 2081021.00 September 15, 2008 Prepared for: Ryan May 1120 Cedar Breaks Road Rifle, CO 81650 Prepared by: High Country Engineering, Inc. 1517 Blake Avenue, Suite IO I Glenwood Springs, CO 81601 APPLICATION 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 RECEIVED SEP 1 7 200 8 GARFIELD COUNTY BUIL DING & PLANNI NG SUBDIVISION APPLICATION FORM Doc.#Sl\P l}\O'b SUBDIVISION NAME: Highline Ranch Subdivision Type (Choose only one): X Sketch Plan Preliminary Plan Final Plat GENERAL INFORMATION (Please print legibly) ~ Name of Prol2erty Owner: Ryan May ~ Mailing Address: 1120 Cedar Breaks Telephone: ( __ ) ~ City: Rifle State: CO Zip Code: 81650 Cell: (2:uL) 618-22Z5 ~ E-mail address: ryanmay26@hotmail,com FAX: L) ~ Name of Owner's Rel2resentative, if any, (Attorney, Planner, Consultant, etc): ~ ~ Mailing Address: Telephone: '-) , ~ City: State: _ Zip Code: Cell:,-) , .. '. ~ E-mail address: FAX:'-J ~ Name of Engineer: High Country Engineering, Inc, ~ Mailing Address: 1517 Blake Avenue 1/101 Telephone: ~) 945-8676 ~ City: Glenwood Springs State: CO Zip Code : 81601 Cell: ~)379-7219 ~ E-mail address : ddennison@hceng. com FAX : ~945-2555 ~ Name of Surveyor: The Sexton Survey Co. ~ Mailing Address : 128 W. 3rd Stree t Telephone:~) 625-3711 ~ City: Rifle State: CO Zip Code: 81650 Cell:'-J ~ E-mail address: t ssc@rof .com FAX: ~) 625-3160 ~ Name of Planner: High Country Engineering, Inc . ~ Mailing Address: Same As Above Telephone: ( __ ) ~ City: State: _ Zip Code : Cell: '-) ~ E-mail address : FAX:,-) La st Revised 711108 GENERAL INFORMATION continued ... » Location of Property: Section 21 Township 6 South Range 93 West » Assessor's Parcel Number: .3... 2 ~ ~ -2 ~ 4_ -J!.--.!!. -~ ~ ~ » Practical Location I Address of Property: Lot 6A of Grass Mesa Ranch served off Cedar Breake Road » Current Size of Property to be Subdivided (in acres): -"3,-,,9...:.:::..68,,,3~ ______ _ » Number of Tracts I Lots Created within the Proposed Subdivision: .::.3 _____ _ » Property Current Land Use Designation: 1. Property's Current Zone District: _A_/_A_/_RD ____________ _ 2. Comprehensive Plan Map Designation: Agriculture/Subdivision Proposed Utility Service: » Proposed Water Source: _S_h_a_r_e_d_w_e_l_l_s ________________ _ » (See "Attachment C" to be completed with Preliminary Plan Application) » Proposed Method of Sewage Disposal: ~I",S""D",S,--____________ _ » Proposed Public Access VIA: Existing Grass Mesa Subdivision Easements » Easements: Utility: 100' and ISO' overhead electric easements Ditch: No irrigation ditches » Total Development Area (fill in the appropriate boxes below): ~.,,,:o.uu; Preliminary Plan -~o '::l.uu: Final Plat - » Plat Review Fee (see attached fee schedule) 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: hUp:llwww.garfield-countv.com/building and planning/index.htm Submit 3 copies of this completed application form and all the required submittal materials. 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 I 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 I Public Meetinq 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. 3 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 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 4 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. 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 sacc 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 sacc. In order to obtain dates for the public hearings before the Planning Commission and the sacc, 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 I sacc. Additionally, Staff will provide the applicant with the notice forms to be mailed, published, and posted. 5 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 I 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 I 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 I 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 I addressed to the satisfaction of the Planning Staff and the BOCC. This being the case, the chairman of the BOCC will sign 6 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 I Submiltal 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 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." II 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 leiter 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 I 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 and the 7 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 time lines 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: hUp:llwww.garfield-county.com/buildingandplanning/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 which is correct and accurate to the best of my knowledge. 8 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 Final Plat Amended Plat Exemption from the Definition of Subdivision (SB-35) Land Use Permits (Conditional Use Permits) • Board Public Hearing only Land Use Permits (Special Use Permits) • Planning Commission and Board review & hearing Zoning Amendments • Zone District map amendment • Zone District text amendment • Zone District map & text amendment • PUD Zone District & Text Amendment • PUD Zone District Text Amendment Comprehensive Plan Amendment Board of Adjustment • Variance • Interpretation Administrative Permits • Floodplain Development • Pipeline Development • Minor Temporary Employee Housing Checklist • Small Temporary Employee Housing Planning Staff Hourly Rate • Planning Director • Senior Planner • Planning Technician • Secretary County Surveyor Review Fee (includes review of Amended Plats, Final Plats, Exemption Plats) Mylar Recording Fee Page 2 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 $400 $525 $450 $300 $500 $500 $500 $450 $250 $250 $400 $400 $400 $50 $50.50 $40.50 $33.75 $30 Determined by Surveyor$ $11 -1st page $10 each additional page The following guidelines shall be used for the administration of the fee structnre 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 actnal 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 structnre shall be revised annually as part of the County budget hearing process. Page 3 GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT AGREEMENT FOR PAYMENT FORM (Shall be submitted with application) GARFIELD COUNTY (hereinafter COUNTY) and _ ~ V1 /l-f :-~ (hereinafter APPLICANT) agree as follows: I. APPLICANT has submitted to COUNTY an application for ____________ _ ___________________ {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 Sign~ ---c .--------.-.-- Print Name ? Mailing Address: «2 c Cp./.,. #"'-'-09( ?Y~~-= 10/2004 Page 4 GARFIELD COUNTY SKETCH PLAN REQUIREMENTS 3:00 SKETCH PLAN 3: I 0 PURPOSE The Sketch Plan shall be the initial review of any subdivision proposal to determine the conformance of the subdivision with these Regulations and with any other applicable regulations, resolutions or plans. 3:20 PROCEDURE Sketch Plan applica(ion forms may be obtained from the Garfield County Planning Department. Fifteen (15) copies of the application and all supporting information shall be submitted to the Planning Department at least thirty (30) days prior to a regularly scheduled Planning Commission meeting. If an applicant is seeking approval of a Planned Unit Development (PUD), which is also a subdivision, the PUD rezoning application may be submitted as the Sketch Plan subdivision application to the extent that therein duplication in the information required by the two (2) applications. To this end, the PUD plan may be used as the basis for the Sketch Plan map. 3:22 The Planning Department shall review the Sketch Plan application for technical compliance with all information required by applicable rules and regulations within ftfteen (15) working days of submittal. If, due to the scope of the application, the workload imposed by other pending applications or for any other reasonable cause the Planning Department is unable to complete the review within the time stated above, the Planning Department may request an extension of time from the Board of County Commissioners for such review not to exceed an additional fifteen (15) working days. If the Planning Department determines the application is not in technical compliance, the Planning Department shall notify the applicant in writing of any additional information needed for technical compliance and the application shall be suspended in the review process until such information is provided. Following receipt of a noncompliance letter, an applicant may request a conference with the Planning Department to review the identified deficiencies. Such conference shall be scheduled at a reasonable time following the date ofthe noncompliance letter but in any event not later than ten (10) working days after such receipt, unless an extension of time is mutually agreed upon by the applicant and the Planning Department. Following the receipt of a noncompliance letter, an applicant may furnish additional information to remedy any identified deficiency. Based on such additional 3-1 infonnation, the Planning Department then shall determine whether the deficiency in question has been remedied or not. A written notice of such a determination shall be sent to the applicant not later than ten (10) working days after receipt of the additional infonnation. An applicant shall have six (6) months after the date of the noncompliance letter to remedy any deficiency and, ifnot provided within such time, the application will be considered tenninated. A detennination of technical compliance by the Planning Department shall not be deemed a recommendation of approval, a fmding of adequacy of the application or a fmding of general compliance with any goal or objective ofthis resolution. If the application is in technical compliance, the Planning Department will send copies of the application to review agencies for comment, which may include but are not limited to: A. Garfield County Road Department; B. Garfield County Building Department; C. Other County Departments or Divisions as needed to adequately review the proposal; D. Municipalities within two (2) miles of the proposed subdivision, or within three (3) miles, if the municipality has adopted a major street provided by Colorado state law; E. School District; F. Utility Companies, and G. . State and Federal Agencies The review agencies will be asked to make comments within fifteen (15) days of the day received. (2000-69) 3 :23 The Planning Commission shall review the application for consistency with the standards and policies set forth in the following: A. Garfield County Subdivision Regulations; B. Garfield County Zoning Resolution; C. Garfield County Comprehensive Plan; D. Garfield County road standards and policies; E. Garfield County municipal comprehensive plans and municipal regulations, as applicable; and F. Other applicable local, state and federal regulations, resolutions, plans and policies, as applicable. 3:24 The Planning Commission shall provide comments, along with review agency comments, on the application at a regularly scheduled Planning Commission 3-2 meeting. A written copy of the comments shall be available to any interested party no later than fifteen (15) days after the meeting. All Sketch Plan comments shall be kept on file in the Planning Department office. The Sketch Plan comments shall identifY issues applicable to the subdivision proposal, with the comments subject to change, if there are changes in the circumstances, documents or regulations used as the basis for the comments. Completion of the Sketch Plan process shall, in no way, constitute approval of the proposed plan. 3:25 The Sketch Plan comments shall be valid for a period not to exceed one (I) year from the date of the Planning Commission review. If a Preliminary Plan for the proposed subdivision is not presented to the Garfield County Planning Commission within this period, the applicant shall submit an updated Sketch Plan application to the Planning Department for review and comparison with the original application. 3:30 SKETCH PLAN REQUIREMENTS The Sketch Plan application shall include a map clearly representing and identifYing the area in which the project is proposed, adjacent natural and man-made features and adjacent landowners. 3:32 The Sketch Plan shall be at a scale of not less than 1"=200', and shall contain, at a minimum, the following information, represented graphically or as a map note: A. Proposed name of the subdivision; B. Location, boundaries and legal description of the project; C. Names, addresses and phone numbers of the owner(s), applicant(s), planner(s) and engineer(s); D. Date of sketch map preparation, map scale and a symbol designating true North; E. Topography of the proposed subdivision showing, at a minimum, five (5) foot contours for terrain with an overall average slope of less than twenty percent (20%) and at a minimum ten foot (10') contours for terrain with an overall average slope of over twenty percent (20%), contours developed by interpolation ofU.S.G.S. quadrangle contours are acceptable; F. General location and dimensions of all existing and proposed lots, streets, alleys, easements, road rights-of-way, irrigation ditches and water courses within and immediately adjacent to the proposed development; G. Description of any natural or man-made features bordering on or within the development which may require buffering or screening, particularly the one hundred (100) year floodplain of any major drainages; H. Vicinity map from a U.S.G.S. quadrangle at a scale of 1 "=2000' depicting the location of streets, highways and adjacent utility systems within a minimum of one-half (112) mile of the proposed subdivision and showing the natural drainage courses for streams flowing through the proposed subdivision with 3-3 3:40 the limits of tributary areas shown where reasonable; and 1. Land use breakdown including: I. Existing zoning and proposed zoning changes, if applicable; 2. Total development area; 3. Total number of/ots proposed; 4. Total number of dwelling units proposed; 5. Total area of proposed non-residential floor space; 6. Total number of individual dwelling units proposed for each structure; 7. Total number of proposed off-street parking spaces; and 8. Total proposed density. SUPPLEMENTAL INFORMATION In addition to the Sketch Plan map, the following supplemental information shall be submitted, in graphic and/or written form: A. Source and amount of water supply; B. Proposed type of sewage disposal; C. U.S.D.A. Soil Conservation Service soil designations, with interpretation tables attached; D. Statement assessing the impact of the proposed subdivision on the lakes, streams and topography of the site; E. Statement assessing potential radiation hazards to the site; F. Evidence that all lots and parcels created by the subdivision will have access to a public right-of-way, in conformance with the Colorado State Highway Access Code and applicable County Regulations; and G. Anticipated source of electricity, natural gas, telephone and cable T.V. services; SUPPLEMENTAL INFORMATION HIGHLINE RANCH SUBDIVISION SKETCH PLAN SUBMITTAL SUPPLEMENTAL INFORMATION September 15, 2008 WATER Highline Ranch Subdivision will be served by one existing individual well and cistern on the proposed lot 3 and proposed wells currently permitted for drilling on lots 1 and 2. The individual water demand of the subdivision will be typical of a single-family residential community with a single additional dwelling unit available for each lot. Each single-family lot can be expected to demand approximately 420 gallons/day/person based on a 3.5 persons/residence occupancy rate. That would require that the each well be able to supply a usage of 2,940 gallons per day. The individual lot owners for the maintenance and treatment of the wells. Wells will be installed and tested prior to final plat and must show that the flows will produce enough water to serve the needs of both units per lot. The property will be required (unless the Rife Fire District can confirm that there is an existing 30,000 gallon fire protection source within 1 mile of the property) to install either a 30,000 gallon fire protection tank with dry hydrant or improve the existing pond to be a lined storage pond with dry hydrant. SEWER The Highline Ranch Subdivision will be served by Individual Sewage Disposal Systems (ISDS). The sewage generated by the subdivision will be typical of a single-family residential community. Each single-family lot can be expected to generate approximately 350 gallons/day based on a 3.5 persons/residence occupancy rate. Individual lot owners will be responsible for the installation of an engineered ISDS. Maintenance of each system will be the responsibility of the individual lot owner and as outlined in the protective covenants ofthe subdivision. SCS MAPS AND TABLES See attached drainage plan by High Country Engineering, Inc., and the soils report provided by Hepworth-Pawlak Geotechnical Inc. SHALLOW UTILITIES Telephone -N/ A Electric -XCEL, lot 3 has existing service off pole along Cedar Breaks Road and lots 1 and 2 will serve off the same pole Gas-N/A Cable TV -N/A There is not any nearby gas lines so it will be the responsibility of the individual homeowner to install and maintain a service agreement for liquid propane service. IMPACT ON LAKES, STREAMS, AND TOPOGRAPHY The development will have minimal impact on drainages running through the property. Lots are laid out such that adequate building envelope is available without impacting the existing drainages. The driveways will follow existing topography as much as acceptable engineering practices allow. Where drainage crossings are required, adequately sized culverts will be installed to convey the historical flows through the property. There are no lakes within or around the property. RADIATION HAZARD See attached radiation hazard report, provided by Hepworth-Pawlak Geotechnical Inc. OFF-STREET PARKING Only single-family residential uses are proposed. Parking will be provided within the property and no parking will be allowed along the existing frontage roads. ACCESS All 3 lots on the development can be accessed by either Mustang Mesa Trail or Cedar Breaks Road. These roads are served by Grass Mesa Road. These roads are all covered by access easements for public use. This network of roads is served by the Marnm Creek Road to the south. VEGETATION The site lies on top of Grass Mesa. The existing vegetation includes only sagebrush and grasses. An existing pond exists on the site along the drainage ditch along the center of the property. This pond is currently only filled with runoff water. WELL PERMITS AND ACCEPTANCE LETTERS APPLICATION TO LEASE WATER FROM WEST DIVIDE WATER CONSERVANCY DISTRICT • 109 West Fourth Street, P. O. Box 1478, Rifle, Colorado 81650 IpUCANT INFORMA nON Name: Ryan May Mailing address: 1120 Cedar Breaks Rifte, CO 81650 Telephone: 618·9275 Authorized agent: __________________ _ 2. COURT CASE #s: Decree Case No. Augmentation Plan Case No. _____________ _ 3. liSE OF WATER RESIDENTIAL Number of main residences: No. AOU's Subdivision: No. constructed units: No. vacant lots Home gardenlla\VIl irrigation of 1"'2,000 total sq. ft. Method of irrigation: flood __ sprinkler .x_ other_ Non-commercial animal watering of 2 animals Fire Protection x Evaporation: Maximum water surface to be exposed: Description of any use, other than evaporation, and m-etC'h-oC'd-o"'r- diversion, rate of diversion, and annual amount of diversion of any water withdrawn from the pond: _____________ _ Well Sharing Agreement for multiple oWIler wells mllst he slIbmitted.1f grealer titan two owners, applicaliOt, mllst be made Imder a IlOmeoIVlJers association. COMMERClAL ~r of units: ____ Total sq. ft. of commercial units: iiption of use: ---- INDUSTRIAL Description of use: __________________ _ Evaporation: Maximum water surface to be exposed: Description of any usc, other than eV3{Xlration, and me-ct;-hod~-of::d-:ci,-v-er-s"io-n,­ rate of diversion, and annual amount of diversion of any water withdrawn fromthepond: ______________________ _ MUNICIPAL Description ofuse.: _________ . _________ _ DIRECT PUMPING Tributary: _________ . ____________ _ Location: _____________________ _ 4. SOURCE OF IV ATER Structure: Well Structure Name: May Well #2 Source: surface__ storage__ ground water x Current Pennit # (attach copy) Contract U080828RMU2{a) MapU600 Date Activated 8/28/08 5. LO~n<'>N OF STRUCTURE Go; < , dt't ';:) E. County d/ Quarter/quarter (oS Quarter q3 W Mb Section Township Range P. M. Distance ofweU from section lines: 5<90 5-\. -':"'<:>= t:Q~i, \ ,,-: .... Elevation: 6100 Welllocat·i-o"':n:'ac.:dcOdr:"'e-ss-:"'lbcd'-·M"U"S~1::a::n9:: Mesa, RiOe (Attach additional pages for multiple structures) 6. LAND ON WIDCR WATER WILL BE USED (Legal description may be provided as an attachment.) Parcel2 ofSE1I4SE1J4 S21, TSS, R93W, 6th P.M. Nwnber of acres in tract:._-'1c.:3c::.3:.:7.::8:..-___ _ Incllision illlo Ihe Districl, 01 Applicant's expense, may be required. 7. TYPE OF SEWAGE SYSTEM Septic tankiabsorption leach field_x_ Central System __ Other_ District name: ___________________ _ 8. VOLUME OF LEASED WATER NEEDED IN ACRE FEET: 1 (minimum of J acre foot except augmentation from Alsbwy Reservoir where a lesser amount is allowed) Provide engineering data to support volume o/water requested. Commercial, municipal, and industrial lisers nUlst provide dh'ersion and ... .-SQ-'lJ.I1UIP.l~ dal.a_QtULmo.lJlhly basis. __ ~ .. __ _ A totalizing flow meIer with remote readout is required 10 be installed and usage reported 10 Wesl Divide. Appliea'" expressly acknowledges illtas fwd Ihe opportunity 10 review the District's/orm Water Allolment Contracl alld agrees this applicatioll is made pursuant alld subject 10 the lerms and conditions colllained II,erei". AppjiClltllf(; Applicant Signature Application Date: August 13.2008 ISSUED AS AREA B CONTRACT ___ YES x NO Printed portions of this Conn, except differentiated additions or deletions, have ~ approved and adopted by the West Divide Water Conservancy District Form: WDWCD 01·01·08 AMEND APPLICA nON JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC TOTAL WATER USE ESTIMATES COLORADO RIVER SERVICE JXREA i WEST DIVIDE WATER CONSERVANCY DISTRICT APPLICANT:IRY8ri;MiiY'?f2··;· '"i .:: ,· .. (i,l': .;:,':\""".(%:'.:':::; '.i·,'; Contract Amount wi 5% Transit Loss = 0.63 acre feet , Unit Value: Irrigation Diversion (It) 0.049 0.364 0.526 0.568 0.445 0.316 0.081 2.349 DWELLING UNITS: IRRIGATED AREA (SO FT): COMMERCIAL AREA (SO FT): NO. OF LIVESTOCK: ELEVATION (MSL): , ~ ~ ~ Unit Value: Irrigation In House In House Commercial C.U. Diversion C.U. Diversion (It) (AF) (AF) (AF) 0.03 0.00 0.00 0.03 0.00 0.00 0.03 0.00 0.00 0.Q39 0.03 0.00 0.00 0.291 0.03 0.00 0.00 0.421 0.03 0.00 0.00 0.454 0.03 0.00 0.00 0.356 0.03 0.00 0.00 0.253 0.03 0.00 0.00 0065 0.03 0.00 0.00 0.03 0.00 0.00 0.03 0.00 0.00 1.879 0.39 0.06 Q.OO - 80% irrigation efficiency for sprinkler systems Blaney Criddle aSSessment with Pochop adjustments 350 gallons per day per residence --I" Commercial C.U. (AF) 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 -O,QO - Transit Loss= 5.0% , ~ -"'1-' ~-'-' , " , Livestock Total Irrigation i Irrigation Diversion & Total Total Contract Diversioni C.U. C.U. Diversion C.U. Amount (AF) , (AF) (AF) (AF) (AF) (AF) 0.00 0.00 0.00 0.037 0.007 0.007 0.00 0.00 0.00 0.034 0.006 0.007 0.00 0.00 0.00 0.037 0.007 0.007 0.01 0.01 0.00 0.050 0.018 0.018 0.10 0.08 0.00 0.142 0.087 0.092 0.14 0.12 0.00 0.188 0.123 0.129 0.16 0.13 0.00 0.201 0.132 0.139 0.12 0.10 0.00 0.166 0.105 0.110 0.09 007 0.00 om om' 0 .. 0.02 0.02 0.00 0.061 0.025 0.026 0.00 0.00 0.00 0.036 0.007 0.007 0.00 . 0.00 0.00 0.037 0.007 0.007 0.52 _ .965 -----_.Q.02 -..J.111. _0.69.1 _0,631 _ Column (1)· irrigated area in acres Column (2) • irrigated area in acres Livestock use at 11 gallons per head per day i (1) (2) (3) (4) (5) (6) 15% consumptive use for lSDS systems 200 gallons per day per 1000 sq ft of commercial space 15% consumptive use for ISDS systems (7) (8) (9) (10) (11) (12) Column (3) + Column (5) + Column (7) + Column (9) plus 5% transit loss Column (4) ... Column (6) ... Column (8) ... Column (9) Column (11) plus 5% transit loss Confident/silty Notice: This spreadsheet, including allsttachments, Is for the sole use of the intended ~cipients and may contain confidential and privileged information. Any unauthOrized review, use, disclosure, copying, distribution or action taken in ref/snoB on the content~ of the information contained in this spreadsheet is strictly prohibited. Thank you. 2008 Colorado River '-' <qr Use Estimates.xls 33 35 2 11 12 7 14 13 21 22 29 28 -'if-- 32 33 34 -< .•. 0.-' _ _ '~_',--; ___ ~ __ ,-. ~"'_',",_ c."'" _"",o __ ,,~ ___ -.' I 6 5 4 3 2 2 1 ) • V' • .~-l! ~ ~ ~ 8 7 1 9 ll r 11 12 WEST DIVIDE WATER CONSERVANCY DISTRICT WATER ALLOTMENT CONTRACT Contract #080828RM#2( a) Map#600 Date Activated 8/28/08 Name of Applicant: __________ ~_+__\_, --,,,,,",\\-\,_Q,,,",,~b-,---,\-. ___ TI'\-\-.--,---,--,CAL'-'v\-'>£\-\ _____ _ Quantity o[Water in Acre Feet: _____________________ \--'-___________ _ 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 ofCR.S. 1973, Section 37-45-1 0 I, 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 ofthis Contract and the attached Application, Applicant hereby agrees to the following terms and conditions: I. 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; totheApplicant by the Districtwill-bdimited by the priorityofthe District's-decrees""d by thephysi-caland legal availabililjiofWafer from District's sources. Any quantity allotted will only be provided so long as water is available and the Applicant fully complies with all ofthe 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 detennines it requires less water than the amount herein provided. Applicant may so notity the District in writing, and the amount of water allotted under this Contract shall be reduced pennanently in accordance with such notice. Rates shall be adjusted accordingly in following water years only. 3. Beneficial Use and Location ofBeneficial 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 Delivery: 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 ,juch outlet or points shall constitute perfOImance of the District's total obligation. Delivery of water by the District from Ruedi Reservoir or Green 1 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. Furthennore, the District hereby ;xpressly reserves the right to store water and to make exchange releases from structures that may be built or controlled by the District in the future, so long as the water service to the Applicant pursuant to this agreement, is not impaired by said action. Any quantity of the Applicant's allocation not delivered to or used by Applicant by the end of each water year (October I), shall revert to the water supplies of the District. Such reversion shall not entitle Applicant to any refund of payment made for such water. Water service provided by the District shall be limited to the amount of water available in priority at the original point of diversion ofthe District's applicable water right, and neither the District, northose entitled to utilIze the District's decrees, may call on any greater amount at new or alternate points of diversion. The District shall request the Colorado Division of Water Resources to estimate any conveyance losses between the original (XJint and any alternate point, and such estimate shall be deducted from this amount in each case. Water service provided by the District 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 Distric~ dated January 25, 2001, is recorded as Reception No. 575691, Garfield County Clerk and Recorde(s Office. The Intergovernmental Memorandwn of Understanding between the District and the Bluestone Water Conservancy District, dated April 26, 2001, is recorded as Reception No. 584840, Garfield County Clerk and Recorder's Office. 5. Alternate Point of Diversion and Plan of Augmentation: Decrees for alternate points of diversion of the 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 District reserves the right to review and approve any conditions which may be attached to judicial ,approval of said alternate point of diversion as contemplated or necessary to serve Applicant's facilities or lands. Applicant acknowledges and agrees that it shall be solely responsible for the procedures and legal engineering costs necessary for any changes in water rights contemplated herein, and ~~~_~~ ~s _~o ~~_e~ni_f}'. ~h_~_~_i.:'_~ct ~~_~~_~sE>_or losse~ ~~Iate_d __ thereto._ Applicant is solelr ~~po~ible fO~p'~~~i~-'.~.~_ w~r:!cs _ and facilities necessary to obtain/divert the waters at said alternate point of diversion and deliver them to Applicant's intended beneficial use. (rrespective of the amount of water actually transferred to the Applicant's point of diversion, the Applicant shall make annual payments to the District based upon the amount of water allotted under this Contract. In the event the Applicant intends to apply for an alternate point of diversion and to develop an augmentation plan and institute legal proceedings for the approval of such augmentation plan to allow the Applicant to utilize the water allotted to Applicant hereunder, the Applicant shaH give the District written notice of such intent. In the event the Applicant develops and adjudicates its own augmentation plan to utilize the water allotted hereunder, Applicant shall not be obligated to pay any amount under Paragraph 19 below. In any event, the District shall have the right to approve or disapprove the Applicant's augmentation plan and the Applicant shall provide the District copies of such plan and of all pleadings and other papers filed with the water court in the adjudication thereof. 6. Contract Payment: Non-refundable, one time administrative charge, in the amount detennined by the Board of Directors of the District from time to time, shall be submitted with the application for consideration by the District. 2 Annual payment for the water service described herein shall be determined by the Board of Directors ofthe District. The initial armual payment shall be made in full, within thirty (30) days afler the date of notice to the Applicant that the initial payment is due. Said notice will advise the Applicant, among other things, of the water delivery year to which the initial payment shall apply and the price which is applicable ! to that year_ Annual payments for each year thereafter shall be due and payable by the Applicant on or before each January I. Ifan annual payment is not made by the due date a flat $50 late fee will be assessed. Final written notice prior to cancellation will be sent certified mail, return receipt requested, to the Applicant at such address as may be designated by the Applicant in "''fiting or set forth in this Contract or Application. Water use for any part of a water year shall require payment for the entire water year. Nothing herein shall be construed so as to prevent the District from adjusting the annual rate in its sole discretion for future years only. If payment is not made within fifteen (15) 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_ Theallotment of water, as herein made, may be transferred, leased, or otherwise disposed of at the discretion of the Board of Directors of the District. Upon cancellation of this water allotment Contract with the District, the District shall notify the Division of Water Resources offices in Denver and Glenwood Springs. The Division of Water Resources may then order cessation of all water use. 7. Additional Fees and Costs: Applicant agrees to defray any expenses incurred by the District in connection with the allotment of water rights hereunder, including, but not limited to, reimbursement of legal and engineering costs incurred in connection with any water rights and adjudication necessary to allow Applicant's use of such allotted water rights. 8. Assignment: This Contract shall not inure to the benefit ofthe heirs, successors or assigns of Applicant, without the prior written consent of the District's Board ofDirectofS. Any assignment of Applicant's rights under this Contract shall be subject to, and must -----··comply-witl( suchreqiiin~m-ents-as the-01StncTm-ay-hereafter-adopt-re-ga-rdrng-asSlgnmen-t of-(5:'-ntrrui-ilihts and the-assumpiion o{-C~~t~~ct obligations by assignees and successors. Nothing herein shall prevent successors to a portion of Applicant's property from applying to the District for individual and separate allotment Contracts. No assignment shall be recognized by the District except upon completion and filing of proper fonns for assignment and change of ownership. In the event the water allotted pursuant to this Contract is to be used for the benefit ofland which is now or will subsequently be subdivided or held in separate ownership, the Applicant may only assign the Applicant's rights hereunder to: I) No more than three separate owners all of whom shall be party to a well sharing agreement satisfactory to the District; or 2) A homeowners association, water district, water and sanitation district or other special district properly organized and existing under the laws of the State of Colorado, and then. only if such parties, association or special district establishes to the satisfaction of the District that it has the ability and authority to perfonn the Applicant's obligations under this Contract. In no event shall the owner of a portion, but less than all, of the Applicant's property to be served under this Contract have any rights hereunder, except as such rights may exist pursuant to a well sharing agreement or through a homeowners association or special district as provided above. Upon the sale of the real property to which this Contract pertains, Applicant shall make buyer aware of this Contract and proper forms for assignment and change of mvnership must be completed. 3 9. Other Rules: Applicant shall be bound by the provisions of the Water Conservancy Act of Colorado; by the rules and regulations of the Board of Directors ofthe District; and all amendments thereof and supplements thereto and by all other applicable law. 10. Operation and Maintenance Agreement: Applicant shall enter into an "Operation and Maintenance Agreement" with the District under tcnns and conditions determined by the board of Directors of the District, ifand when, the Board of said District detennines in its sole discretion that such an agreement is required. Said agreement may contain, but shall not be limited to, provisions for additional annual monetary consideration for extension of District delivery services and for additional administration, operation, and maintenance costs; or for other costs to the District which may arise through services made available to the Applicant. II. Change of Use: loe District reserves the exclusive right to review, re-approve or disapprove any proposed change in use of the water allotted hereunder. Any use other than that set forth herein or any lease or sale of the water or water rights allotted hereunder without the prior written approval of the District shall be deemed to be a material breach of this Contracl 12. Use and Place DrUse: 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 maintenance agreement provided by Applicant. Any use other than asset forth thereon or any lease or sale of the water or water rights herein, other than as pennitted in paragraph 8 above, shall be deemed to be a material breach of this agreement. 13. Title: It is understood and agreed that nothing herein shall be interpreted to give the Applicant any equitable or legal fee title interest in or to any water or water rights referred to herein. 14. Conservation: Applicant shall use commonly accepted conservation practices with respect to the water and water rights herein. and hereby agrees to be bound by any conservation plan adopted hereafter by the District for use of District owned or controlled water or water rights. 15. . Restrlctrons:--AppllcanTshiliriestrict aciuar dive-iSions to-not exceed the contract amount for ordinary household purposes, the watering of domestic livestock, fire protection, and the irrigation of la\'ll1 and garden as specified in the Application. Applicant shall also comply with all restrictions and limitations set forth in the well pennit obtained from the Colorado Division of Water Resources. Watering of livestock shall be restricted to Applicant's domestic animals not to be used for commercial purposes unless Applicant obtains approval 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 paragraph 15 shall be deemed to be a material breach of this Contract. 16. Well Pennit: If Applicant intends to divert through a well, then Applicant must provide to District a copy of Applicant's valid well pennit before District is obligated to deliver any water hereunder. 17. Measuring Device or Meter: Applicant agrees to provide. at its own expense, a measuring device deemed acceptable by the District's Engineer after consultation, or a totalizing flow meter with remote readout to continuously and accurately measure at all times all 4 water diverted pursuant to the tenns of Applicant's water right and the tenns of this Contract. Applicant agrees to provide accurate readings from such device or meter to District upon District's request. Applicant acknowledges that failure to comply with this paragraph could result in legal j:;tion to terminate Applicant's 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 Applicant's property during ordinary business hours for the purposes of determining Applicant's actual use of water. 18. Representations: By executing this Contract, Applicant agrees that it is not relying on any legal or engineering advice that Applicant may believe has been received from the District. Applicant further acknowledges that it has obtained all necessary legal and engineering advice Irom 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 for herein, no damages may be assessed against the District, nor may Applicant obtain a refund from the District. 19. Costs afWater Court Filing and Augmentation Plan: Should the District, in its own discretion, choose to include Applicant's Contract herein in a water court filing for alternate point of diversion or plan of augmentation, then Applicant hereby agrees to pay to the District, when assessed. an additional fee representing the District's actual and reasonable costs and fees for Applicant's share of the proceedings. Applicant shall 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 be calculated by dividing such total cost by the number of contractees included in the filing. To the extent that the District is caused additional costs because of objection filed specifically due to the inclusion of Applicant's Contract in the filing, such additional costs may be charged specifically to Applicant and not shared on a pro-rata basis by all contractees. 20. Binding Agreement: This agreement shall not be complete nor binding upon the District unless attached hereto is the iJnn entitled "Application to Lease Water From West Divide Water Conservancy District" fully completed by Applicant and approved by the District's engineer. Said attachments shall by this reference thereto be incorporated into the teoos ofthis agreement. All correspondence from the District to Applicant referring to or relating to this agreement is by this reference incorporated into this agreement as further tenns and conditions ---ofims--agree-ment.------. --- 21. Warning: ITlSTIffi SOLE RESPONSmILITY OF THE APPLICANT TO OBTAIN A VALID WELL PERMIT OR OTIffiR WATER RIGHT IN ORDER TO DIVERT WATER, INCLUDING TIffi WATER ACQUIRED UNDER TIllS CONTRACT. IT IS TIffi CONTINUING DUTY OF THE APPLICANT TO MAINTAIN TIffi VALIDITY OF THE WELL PERMIT OR WATER RIGHT INCLUDING FILING FOR EXTENSIONS OF PERMITS, FILING WELL COMPLETION REPORTS, FILING STATEMENTS OF BENEFICIAL USE, OR 01l-IER WISE LA WFULL Y APPLYING THE WATER TO BENEFICIAL USE ON A REGULAR BASIS WITHOUT WASTE. 22. AREA B. CONTRACTS: IF APPLICANTS WELL OR OTHER WATER RIGHT THAT IS THE SUBJECT OF 1l-IIS CONTRACT IS LOCATED OUTSIDE" AREA A" AS DESIGNATED BYlllE DISTRICT, 1l-IEN THIS PARAGRAPH APPLIES: TIlE AUGMENTATION WATER PROVIDED BY TIffi D1S1RlCT UNDER 1l-IIS CONTRACT MAY ONLY PROTECT APPLICANI"S WATER RIGHT FROM A CALL ON THE COLORADO RIVER AND MAY NOT PROTECT APPLICANT FROM A CALL FROM ANY OTHER 5 SENIOR RIGHT. NO REPRESENTATION 011fERWISE IS MADE BY 11fE DIS1RICT. IFUlIS IS A CONCERN TO APPLICANT, THIS CONTRACT MAYBE RESCINDED UPON WRITTEN NOTICE DELIVERED TO llfE DISTRICT BY llfE APPLICANT WIll-!IN THE /EXT 30 DAYS FOLLOWING THE AFFIXING OF SIGNATURES ON THIS CONTRACT IN WHICH EVENT ALL SUMS PAID BY APPLICANT FOR UlIS CONTRACT SHALL BE IMMEDIATELY REFUNDED TO APPLICANT. Applicant STATE OF 0. ol 0 CQ<1 () ) ) ss. COUNTYOF GQ('-~le\6. ) The foregoing instrument was acknowledged before me on this \ ~ day of ~ '" Q D 'DC\O, v, \ STATEOF ____________ __ ) ss. COUNTYOF __________ __ Janet Madd Notary Public State of Colorado Commission Expires 12-23-11 The foregoing instrument was acknowledged before me on this ____ day of (J. u.S) \! ::, -\ , 20 0 8l , by ______________ ~, 20 _____ ~, by ____________________________ . Witness my hand and official seal. My commission expires: _______________ _ Notary Public ORDER --------After a heanri!d)y-the-ifo'afd-ofDIi-ecto~ ofthe--Wesi-oiy'ide-W-ilter Conservancy "['i-stnet 00-the-ApplicatiOn.-it is-h-e~eby ORDERED--ih-ai·~id Application be granted and this Contract shall be and is accepted by the District. ATTEST: Date This Contract includes and is subject to the terms and conditions of the following documents which must accompany this Contract: I. Map showing location of point of diversion (use map provided) 2. Application and Data Form fully completed and signed The printed portions oftbis rorm. eICept differentiated additions or deletions, have been approved aDd adopted by the West Divide Water Conservancy Districl Form: WDWCDOHH--08 CONTRACf. 6 APPLICATION TO LEASE WATER FROM WEST DIVIDE WATER CONSERVANCY DISTRICT 109 West Fourth Street, P. O. Box 1478, Rifle, Colorado 81650 iPLlCANT INFORMA nON Name: Ryan May Mailing address: 1120 Cedar Breaks Rifle, CO 81650 Telephone: 618-9275 Autborized agent __________________ _ 2. COURT CASE #s: Decree Case No. _________ _ Augmentation Plan Case No. _____________ _ 3. USE OF WATER RESIDENTIAL Nwnber of main residences: No. ADU's Subdivision: No. constructed units: No. vacant lots Home garden/lawn irrigation of 12]00 total sq. ft. Method of irrigation: flood_ sprinkler x other Non·commercial animal watering of 2 --anima~ Fire Protection x Evaporation: Maximum water surface to be exposed: ___ _ Description of any use, other than evaporation, and method of diversion, rate of diversion, and annual amount of diversion of any water withdrawn from the pond: ~ Well Sharing Agreemellljor multiple owner wells must be sllhmitted..1f greater tllan two owners, application must be IIwde under a homeowners association. COMMERCIAL ).' ~~r of units: _~ ___ Total sq. n. of commercial units: ___ _ l.. f nptlon 0 use: _______________ _ INDUSTRIAL Description of use: _________________ _ Evaporation: Maximwn water surface to be exposed: Description of any use, other than evaporation, and me~t:-hod-:--o"f dcci'-v-er-s""io-n-, rate of diversion, and annual amount of diversion of any water withdrawn from the pond: __________________ _ MUNICIPAL Description ofuse:. __________________ _ DIRECT PUMPING Tributary: Location: ---------------------- 4. SOURCE OF WATER Structure: Well Structure Name: May Well #3 Source: surface__ storage__ groWld water_x __ Current Permit 1/ (attach copy) Contract #080828RM#3(a) Map#601 Date Activated 8/28/08 5. LOCA nON OF STRUCTURE Gar~Ie.Jd S t::..1'l County Quarter/quarter ;<1 ("S Quarter Cf3t<.J <e +h. Section Township Range P.M. Distance of well from section lines: to -g S -I: -\-'" (" '" r-c-.. ~CA '" ~ \ , Y1 -;,. Elevation: 6100 Welllocati'-o"':n'-a""'dd""'r-e-ss-:-"lbd=--M"U'-S"Ia"n=9 Mesa, Rifle (Attach additional pages/or multiple structures) 6. LAND ON WInCH WATER WILL BE USED (Legal description may be provided as an attachment.) Parcel 3 of SEl14SE1I4 S21, T6S, R93W, 6th P.M. Number of acres in tract_-'1::,6:.:.2:.:9:.:9'--___ _ Inclusion illlo tile District, at Applicant's expellse, may be required. 7. TYPE OF SEWAGE SYSTEM Septic tankiabsorption leach field_x_ Central System __ Other_ District name: ___________________ _ 8. VOLUME OF LEASED WATER NEEDED IN ACRE FEET: 1 (minimum of I acre foot except augmentation from Alsbwy Reservoir where a lesser amount is allowed) Provide engilleering data to support volume of water requested. Commercial, municipal, and i"dustria/users nu/st provide di~'ersion llnd consumptive data on a montltly basis. A totalizing flow meter witlt remote readout is required to be installed and usage reported to West Divide. Applicant ex.press~v acknowledges itltas Itad tI,e opportunity to review tlte District'sjorm Water Allotment Contract and agrees tltis application is made P'ITSliollt and subject to the terms and conditions contailled t!terein. Applicant Signature Application Date: August 13, 2008 ISSUED AS AREA B CONTRACT __ YES x NO Printed ponions of this form. except differentiated additions or deletions, have been approved and adopted by the west Divide Water Conservancy District. Fonn: WOWCD 01-01·08 AMEND APPLICA llON JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC TOTAL WATER USE ESTIMATES COLORADO RIVER SERVIC$ AREA WEST DIVIDE WATER CONSERVANCY DISTRICT APPLICANT: i'RY~ ", "",:Y'!:': {i",':;'; c'. !','?" ".:;' i.::. "',' '1 Contract Amount wi 5% Transit Loss = 0.63 acre feet , Unit Value: Irrigation Diversion (ft) 0,049 0.364 0,526 0.568 0.445 0,316 0.081 2,349 DWELLING UNITS: :l"::"""'>": IRRIGATED AREA (SO FT): 'f2QOp0C< COMMERCIAL AREA (SO FT):o'¥';'1;i:i,::;) NO, OF LlVESTOCK:2hi,;k?; ELEVATION (MSL): 610.0 ":.'" ~ " ~ \" Unit Value: Irrigation In House In House Commercial C.U. Diversion C.U, Diversion (ft) (AF) (AF) (AF) 0,03 0.00 0.00 0,03 0,00 0,00 0.03 0.00 0.00 0,039 0,03 0,00 0,00 0.291 0.03 0.00 0,00 0.421 0.03 0.00 0,00 0.454 0,03 0.00 0,00 0,356 0.Q3 0.00 0.00 0.253 0,03 0,00 0,00 0.065 0.03 0.00 0.00 0,03 0.00 0,00 0,03 0,00 0,00 1,879 0,39 0.06 0.00 80% irrigation efficiency for sprinkler systems Blaney Criddle assessment with Poe hop adjustments 350 galions per day per residence \"1 .\.!. J " Commercial Irrigation C.U. Diversiqn (AF) (AF) I 0,00 0.00, 0,00 0.00: 0,00 0.00 0.00 0.01 0,00 0.10 0.00 0.14 0,00 0,16 0,00 0.12 0.00 0,09 0.00 0,02 0,00 0.00 0.00 0.00 0.00 0.65 Transit Loss= 5.0% v _'v 'v livestock Irrigation Diversion & Total C.U. C.U. Diversion (AF) (AF) (AF) 0.00 0.00 0.037 0.00 0,00 0.034 0.00 0.00 0,037 0.01 0.00 0.050 0.08 0.00 0,142 0.12 0,00 0.188 0.13 0.00 0.201 0.10 0.00 0,166 0.07 0,00 0.127 0,02 0.00 0,061 0,00 0,00 0,036 0.00 0.00 0,037 0.52 Q,02 1.117 Column (1)· irrigated area in acres Column (2) • irrigated area in acres Livestock use at 11 gallons per head per day , , Total C.U. (AF) 0.007 0,006 0.007 0.Q18 0.087 0.123 0.132 0.105 0,077 0.025 0.007 0.007 0.601 ,~ Total Contract Amount (AF) 0.007 0.007 0.007 0.018 0.092 0,129 0,139 0,110 0.080 0,026 0.007 Q.QQZ 0.631 i (1) (2) (3) (4) (5) (6) 15% consumptive use for [SOS systems 200 gallons per day per 1000 sq ft of commercial space 15% consumptive use for ISDS systems (7) (8) (9) (10) (11) (12) Column (3) + Column (5) + Column (7) + Column (9) plus 5% transit toss Column (4) + Column (6) + Column (8) + Column (9) Column (11) plus 5% transit loss Confidentiality Notice: This spreadsheet, incfuding alf attachments, is for the sole use of the intended tecipients and may contain confidential and privileged information, Any unauthon'zed review, use, disclosure, copying, distribution or action taken in reliance on the contents of the information contained in this spreadsheet is strictly prohibited. ~-! 2008 Colorado River r Use Es~mates.Xls 11 12 7 _-12 14 13 :1 26 " -I ! 15 " 1 " 1~ 29 . £!'-.- i , , i , , --, 28 " , ,,, ;, ----~--". --f -""""'---------~--~------_':--~---- ---_. ----{ ---. , 9 , L , 27 "] 34 35 -3-: 3 , ' 2 , 10.' )(I i 11 WEST DIVIDE WATER CONSERVANCY DISTRICT WATER ALLOTMENT CONTRACT Contract #080828RM#3(a) Map#601 Date Activated 8/28/08 Name of Applicant: ___________ R---'-----"-_\A--"t_Q-""-',.L,-Y'\~L---m--'---'---'C1<d_'-'VI~r__--- \ \ \ Quantity of Water in Acre Feet: _____________________ ~ __________ _ 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 ofCKS, 1973, Section 37-45-IOI, ~ (hereinafter referred to as the "District") for an allotment contract to beneficially and perpetually usc 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 tenns and conditions: I. 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 pennit is obtained from the Colorado Division of Water Resources. 2. Quantity: 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 ~ngineer 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 ___ --"therwise,JQJDMppJicant.by-the_DistricLwilLbe limited by the priority oftheDistrict'sdecrees-and by the phystcal-.mllegal aVailllbllityofwa(er 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 tenns 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 ofthe Colorado River Water Conservation District. If at any time the Applicant detennines 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 ofBeneficial 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 Delivery: Exchange releases made by the District out of storage from Rucdi 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 Jch outlet or points shall constitute performance of the District's total obligation. Delivery of water by the District from Ruedi Rescrvoiror Green 1 Mountain ReselVoir 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 ;x:pressly reserves the right to store water and to make exchange releases from structures that may be built or controlled by the District in the future, so long as the water selVice to the Applicant pursuant to this agreement, is not impaired by said action. Any quantity ofthe Applicant's a1location not delivered to or used by Applicant by the end of each water year (October I), shall revert to the water supplies of the District. Such reversion shall not entitle Applicant to any refund of payment made for such water. Water service provided by the District shall be limited to the amount of water available in priority at the original point of diversion of the District's applicable water right, and neither the District, nor those entitled to utilize the District's decrees, may call on any greater amount at new or alternate points of diversion. The District shall request the Colorado Division of Water Resources to estimate any conveyance 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 District for properties located within the Bluestone and Silt Water Conservancy Districts is provided pursuant to Agreemcnts with said Districts. The Intergovernmental Agreement between the District and the Silt Water Conservancy District, dated January 25, 2001, is recorded as Reception No. 575691, Garfield County Clerk and Recordds Office. The Intergovernmental Memorandmn of Understanding between the District and the Bluestone Water Conservancy District, dated April 26, 2001, is recorded as Reception No. 584840, Garfield County Clerk and Recorder's Office. 5. Alternate Point of Diversion and Plan of Augmentation: Decrees for alternate points of diversion of the District's water rights or storage water may be required in order for Applicant to use the water selVice contemplated hereunder. Obtaining such decree is the exclusive responsibility of Applicant. The District reserves the right to review and approve any conditions which may be attached to judicial 'oproval of said alternate point of diversion as contemplated or necessary to serve Applicant's facilities or lands. Applicant acknowledges and ~ees that it shall be solely responsible for the procedures and legal engineering costs necessary for any changes in water rights contemplated herein, and further agrees to indemnifY the District from any costs or losses related thereto. Applicant is solely responsible for providing works and facilities necessary to obtain/divert the waters at said alternate point of diversion and deliver them to Applicant's intended beneficial use. Irrespective of the amount of water actually transferred to the Applicant's point of diversion, the Applicant shall make annual payments to the District based upon the amount of water allotted under this Contract. In the event the Applicant intends to apply for an alternate point of diversion and to develop an augmentation plan and institute legal proceedings for the approval of such augmentation plan to allow the Applicant to utilize the water allotted to Applicant hereunder, the Applicant shaH give the District written notice of such intent. In the event the Applicant develops and adjudicates its own augmentation plan to utilize the water allotted hereunder, Applicant shall not be obligated to pay any amount under Paragraph 19 below .In any event, the District shall have the right to approve or disapprove the Applicant's augmentation plan and the Applicant shall provide the District copies of such plan and of all pleadings and other papers filed with the water cotU1 in the adjudication thereof. 6. Contract Payment: Non-refundable, one time administrative charge, in the amount detennined by the Board of Directors of the District from time to time, shall be submitted with the application for consideration by the District. 2 Annual payment for the water service described herein shall be detennined by the Board of Directors ofthe District. The initial annual payment shall be made in full, within thirty (30) days after the date of notice to the Applicant that the initial payment is due. Said notice will advise the Applicant, among other things, ofthe water delivery year to which the initial payment shall apply and the price which is applicable to that year. Annual payments for each year thereafter shall be due and payable by the Applicant on or before each January I. Ifan annual payment is not made by the due date a flat $50 late fee will be assessed. Final written notice prior to cancellation will be sent certified mail, return receipt requested, to the Applicant at such address as may be designated by the Applicant in writing or set forth in this Contract or Application. Water use for any part of a water year shall require payment for the entire water year. Nothing herein shall be construed so as to prevent the District from adjusting the annual rate in its sole discretion for future years only. If payment is not made within fifteen (15) 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. The allotment of water, as herein made, may be transferred, leased, or otherwise disposed of at the discretion of the Board of Directors of the District. Upon cancellation of this water allotment Contract with the District, the District shall notifY the Division of Water Resources offices in Denver and Glenwood Springs. The Division of Water Resources may then order cessation of all water use. 7. Additional Fees and Costs: Applicant agrees to defray any expenses incurred by the District in connection with the allotment of water rights hereunder. including, but not limited to, reimbursement of legal arid engineering costs incurred in connection with any water rights and adjudication necessary to allow Applicant's use of such allotted water rights. 8. Assignment: This Contract shall not inure to the benefit of the heirs, successors or assigns of Applicant, without the prior written consent of the District's Board of Directors. Any assigrunent of Applicant's rights under this Contract sha1l be subject to. and must comply with, such requirements as the District may hereafter adopt regarding assignment of Contract rights and the assumption of Contract obligations by assignees and successors. Nothing herein shall prevent successors to a portion of Applicant's property from applying to the District for individual and separate allotment Contracts. No assignment shall be recognized by the District except upon completion and filing of proper forms for assignment and change of ownership. In the event the water allotted pursuant to this Contract is to be used for the benefit ofland which is now or will subsequently be subdivided or held in separate ownership, the Applicant may only assign the Applicant's rights hereunder to: I) No more than three separate owners all ofwhorn shall be party to a well sharing agreement satisfactory to the District; or 2) A homeowners association, water district, water and sanitation district or other special district properly organized and existing under the laws of the State of Colorado, and then, only if such parties, association or special district establishes to the satisfaction of the District that it has the ability and authority to perfonn the Applicant's obligations under this Contract. In no event shall the owner of a portion, but less than all, of the Applicant's property to be served under this Contract have any rights hereunder, except as such rights may exist pursuant to a well sharing agreement or through a homeowners association or special district as provided above. Upon the sale of the real property to which trus Contract pertains, Applicant shall make buyer aware ofthis Contract and proper fonns for assignment and change of ownership must be completed. 3 9. Other Rules: Applicant shall be bound by the provisionsofthe Water Conservancy Act of Colorado; by the rules and regulations of the Board of Directors of the District; and all amendments thereof and supplements thereto and by all other applicable law. 10. Operation and Maintenance Agreement: Applicant shall enter into an "Operation and Maintenance Agreement" with the District under terms and conditions determined by the board of Directors ofthe District, if and when, theBnard of said District determines in its sole discretion that such an agreement is required. Said agreement may contain, but shall not be limited to, provisions for additional annual monetary consideration for extension of District delivery services and for additional administration, operation, and maintenance costs; or for other costs to the District which may arise through services made available to the Applicant. II. Change of Use: The District reserves the exclusive right to review, fe-approve or disapprove any proposed change in usc of the water allotted hereunder. Any use other than that set forth herein or any lease or sale of the water or water rights allotted hereunder without the prior written approval of the District shall be deemed to be a material breach of this Contract. 12. Use and Place of Use: Applicant agrees to use the water in the manner and on the property described in the docrnnents submitted to the District at the time this Contract is executed. or in any operation and maintenance agreement provided by Applicant. Any use other than as set forth thereon or any lease or sale ofthe water or water rights herein, other than as permitted in paragraph 8 above, shall be deemed to be a material breach of this agreement 13. Title: It is understood and agreed that nothing herein shall be interpreted to give the Applicant any equitable or legal fee title interest in or to any water or water rights referred to herein. 14. Conservation: Applicant shall use commonly accepted conservation practices with respect to the water and water rights herein. and hereby agrees to be bound by any conservation plan adopted hereafter by the District for use of District owned or controlled water or water rights . . ---'r5~-'---~estnctions: --AjJplrcani 'shalCrestnCt--actuitT diverslon-s-io not exc~~d the co~tra~t amount for ordinary household purposes, the watering of domestic livestock, fire protection. and the irrigation of lawn and garden as specified in the Application. Applicant shall also comply with all restrictions and limitations set forth in the well permit obtained from the Colorado Division of Water Resources. Watering oflivestock shall be restricted to Applicant's domestic animals not to be used for commercial purposes unless Applicant obtains approval from the Colorado Division of Water Resources for conunercial usellivestock watering. provided that in no event shall actual diversions exceed the amount of water provided by this Contract. Violation of this paragraph 15 shall be deemed to be a material breach of this Contract. 16. Well Penn it: If Applicant intends to divert through a well, then Applicant must provide to District a copy of Applicant's valid well permit before District is obligated to deliver any water hereunder. 17. Measuring Device or Meter: Applicant agrees to provide, at its own expense, a measuring device deemed acceptable ;y the District's Eng"ineer after consultation. or a totalizing flow meter with remote readout to continuously and accurately measure at all times all 4 water diverted pursuant to the tenns of Applicanrs water right and the tenns of this Contract. Applicant agrees to provide accurate readings from such device or meter to District upon District's request. Applicant acknowledges that failure to comply with this paragraph could result in legal 1ction to tenninate Applicant's 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 Applicant's property during ordinary business hours for the purposes ofdetennioiog Applicaors actual use of water. 18. Representations: By executing this Contract, Applicant agrees that it is not relying 00 any legal or engineering advice that Applicant may believe has been received from the 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 for herein, no danlages may be assessed against the District, nor may Applicant obtain a refund from the District. 19. Costs of Water Court Filing and Augmentation Plan: Should the District, in its own discretion, choose to include Applicant's Contract herein in a water court filing foraltemate point of diversion or plan of augmentation, then Applicant hereby agrees to pay to (he District, when assessed. an additional fee representing the District's actual and reasonable costs and fees for Applicant's share of the proceedings. Applicant shall be assessed a pro-rata share of the total cost incurred by the District in preparing, filing and pursuing to decree [he water court case. The pro-rata share shall be calculated by dividing such total cost by the number of contractees included in the filing. To the extent that the District is caused additional costs because of objection filed specifically due to the inclusion of Applicant's Contract in the filing, such additional costs may be charged specifically to Applicant and not shared on a pro-rata basis by all contractees. 20. BindingAgrcement: This agreement shall not be complete nor binding upon the District unless attached hereto is the fonn entitled "Application to Lease Water From West Divide Water Conservancy District" fully completed by Applicant and approved by the Jistrict's engineer. Said attachments shall by this reference thereto be incorporated into the terms of this agreement. All correspondence from the District to Applicant referring to or relating to this agreement is by this reference incorporated into this agreement as further terms and conditions of this agreement. 21. Warning: ITiS TIffi SOLE RESPONSIBILITY OF TIlE APPLICANrTO OBTAIN A VALID WELL PERMIT OR OTIffiR WATER RIGHT IN ORDER TO DIVERT WATER, INCLUDING THE WATER ACQUIRED UNDER THIS CONTRACT. IT IS TIlE CONTINUING DUTY OFTIffi APPLICANT TO MAINTAIN THE VALIDITY OF TIlE WELL PERMIT OR WATER RIGHT INCLUDING FILING FOR EXTENSIONS OF PERMITS, FILING WELL COMPLETION REPORTS, FILING STATEMENTS OF BENEFICIAL USE, OR OTHERWISE LA WFULL Y APPLYING THE WATER TO BENEFICIAL USE ON A REGULAR BASIS WITHOUT WASTE. 22. AREA B. CONTRACTS: IF APPLICANTS WELL OR OTHER WATER RIGHT THA TIS THE SUBJECT OF THIS CONTRACT IS LOCATEDOUTSfDE" AREA A" AS DESIGNATED BY TIlE DISlRICT, THEN THIS PARAGRAPH APPLIES: TIffi AUGMENTATION WATER PROVfDED BY THE DISlRICTUNDER TIllS CONTRACTMA Y ONL Y PROTECT APPLICANT'S WATER RIGHT FROM A CALL ON THE COLORADO RIVER AND MAY NOT PROTECT APPLICANT FROM A CALL FROM ANY OTHER 5 SENIOR RlGHT. NO REPRESENTATION OTIlERWISE IS MADE BY TIlE DlSlRlCT. IF TIllS IS A CONCERN TO APPLICANT, 'IHIS CONTRACT MAYBE RESCINDED UPON WRITTEN NOTICE DELIVERED TO TIlE DlSlRlCT BY TIlE APPLICANT WITI!IN TIlE '!EXT 30 DAYS FOLLOWING TIlE AFFIXING OF SIGNATURES ON TInS CONTRACT IN WHICH EVENT ALL SUMS PAID BY , APPLICANT FOR THIS CONTRACT SHALL BE IMMEDIATEL Y REFUNDED TO APPLICANT. Applicant STATEOFJ2njO fQd't ) ss. The foregoing instrument \vas acknowledged before me on this 2 day of 2009,by _§\-,-~,=\~\-,Q,,,,,,,--,'C>,-, __ 'f"0~.>....,,Q..£',...:o>-l",\\-___ ' Witness my hand and official seal. My commission expires: ________ -;-__ Janet Maddoc Notary Public STATE OF _______ ) State of Colorado ) ss. CommIssIon ExpIres 12-23-11 COUNTYOF __________ __ The foregoing instrument was acknowledged before me on this __ day of _________ ~, 20 _____ ~ by _________________ . Witness my hand and official seal. My conunission expires: __________ _ Notary Public ORDER ---Aftei-a-heanng-by"itle nom-a -ofDTicctors-ofille WesH5iVide--W-ateiConservancy-OisirlcTon ihe-Appflca-l-ion;-it IS hereby ORDERED -that sai-d Application be granted and this Contract shall be and is accepted by the District. WEST DIVIDE WATER CONSERVANCY DIS ~d~ By y/~ President Date This Contract includes and is su ~ect to the terms and conditions of the following documents which must accompany this Contract: l. Map showing location of point of diversion (use map provided) 2. Application and Data Form fully completed and signed The printed portions oftbis form, txcept differentiated additions or deletions, bave been approved and adopted by tbe West Divide Water Conservancy District form: WDWCD 01-61-08 CONTRACT. 6 INDIVIDUAL SEPTIC DISPOSAL SYSTEM PLAN INDIVIDUAL SEPTIC DISPOSAL SYSTEM PLAN FOR HIGHLINE RANCH SUBDIVISION Highline Ranch Subdivision is located near Rifle, County of Garfield, State of Colorado. This subdivision will be served by Individual Sewage Disposal Systems (ISDS) since the lot sizes are consistent with the Garfield County Zoning Resolution. ISDS design, installation, and maintenance will be the responsibility of the individual lot owner. ISDS systems will be designed by a professional engineer registered in the State of Colorado per Garfield County or State Regulations. The installation will be inspected and certified by a professional engineer registered in the State of Colorado and/or his representative. Maintenance shall be performed by a licensed contractor in the State of Colorado engaged in the business of cleaning and maintaining ISDS systems. Highline Ranch Subdivision is located in Garfield County. Any ISDS questions or concerns should be directed to Garfield County representatives and Garfield County code should be referenced. Garfield County contact information is: Garfield County Building 108 8th Street, Suite 200 Glenwood Springs, Colorado 81601 (970) 945-8212 INTRODUCTION An Individual Sewage Disposal System (ISDS), also referred to as a "septic system", receives waste water and solids from a building'S plumbing facilities (bathrooms, kitchens, shower, laundry), treats, and then disposes of the effluent from this waste, by permitting it to absorb into the natural soils within the lot. "Treatment" is accomplished by bacterial action in the "septic" or "treatment" tank, and by bacteria within the soil surrounding the effluent absorption system, the "drain-field." This bacterial action is needed to reduce the level of pathogens in the effluent discharges from the waste system into the soil. The principal components of a private on-site waste disposal system usually include the following: • Piping • Septic Tank • Effluent Filter • Absorption Field However, many variations on this general scheme are used and special equipment and numerous systems can be designed and utilized for problem or difficult sites. HOUSEHOLD USE Your septic system is designed to handle human waste, toilet paper and water from plumbing fixtures such as toilets, baths, and sinks. Household cleaners, detergents and bleach will not damage your system ifused in moderation. However, biodegradable and environmentally friendly soaps, detergents and other products are recommended. If your septic field is inundated with harsh chemicals or overloaded with detergents and soaps, your septic system function may be impaired or field failure may occur. Never pour oil, cooking grease, paint, or insecticides into your plumbing system. These items can inhibit the bacteria which are so critical to the proper functioning of your system and/or plug the pores of your system. Non-degradable paper products, such as diapers, sanitary napkins or tampons, and paper towels are harmful to your system. Also refrain from introducing any other non-biodegradable substances such as condoms, plastic baggies, plastic film-wrap, or cigarette butts. These items can cause serious clogging problems. A garbage disposal can be used if your septic system was designed around it; however, you should have your tank pumped more frequently if large particles are present within the effluent. Your system is also designed to handle a certain volume of water. If you consistently overload your septic system, you will cause premature failure. A frequent source of overload is leaking plumbing fixtures and water treatment systems. This can amount to hundreds of extra gallons of water going into your septic system each month. Leaks should be repaired immediately. Other home recommendations for reducing wastewater flow are; installing water-saving devices in your shower heads and faucets and lowering the amount of water hitting the system from the laundry by spreading your weekly washing over several days rather than doing it all within a short time period. SEPTIC TANK The bacteria that thrive in a septic tank are called "anaerobic bacteria" because they do not require oxygen. These bacteria are essential to the proper functioning of a septic system as they degrade and decompose the solids. When too much solid material accumulates in the tank over a period of years, it begins to wash out of the tank and into the drain-field with the normal liquid effluent. The solids clog the drain-field absorption rates into the natural soils are reduced. As more solids flow from the tank, the drain-field will eventually not be able to absorb the liquid effluent, and the drain-field will fail. This is the most common cause of drain-field failure. Your drain field should have monitoring wells located at the far end of the field. These wells can help detect or prevent a field failure prior to its occurrence. A professional field maintenance company should be scheduled for regular maintenance and well monitoring. It is suggested that you have your septic tank pumped every 2 years on a regular maintenance schedule. • DRAINFIELD AREA The drain-field is ideally located in a sunny open area for maximum evaporation. Trees and shrubs should not be planted near the drain-field as root intrusion may impair the drain-field. Any plants that do not have deep roots can be planted over a drain-field. Grasses and ground cover provide the highest level of evapo-transpiration (the cycle of plants taking moisture from the soil by their root systems and giving it offto the atmosphere using the sun's energy) without the complication of root systems clogging drainpipes and gravel beds. Mulched areas of flower beds do hold moisture and decrease drain-field efficiency. Walkways, patios, parking areas, decks or other permanent structures should not be constructed over either the septic tank or the drain-field. Vehicle traffic should be kept off ofthe drain-field and heavytruckslequipment should be kept a minimum of 10 horizontal feet away from the drain-field area. Heavy vehicles can cause the drain-field to collapse. Rainwater or other drainage water should be diverted from the drain-field area. The drain-field is designed to meet the capacity of waste water coming from the house. Additional water from poor drainage may cause premature field failure. OPERATION AND MAINTENANCE OF ISDS (PER COLORADO STATE BOARD OF HEALTH, CHAPTER 25, ARTICLE 10 -REVISED 2000) A. Responsibility: The owner and the party in possession of real property upon which an individual sewage disposal system is used, shall be jointly and severally responsible for operation and maintenance of the system unless jurisdiction for responsibility has been transferred to a public, quasi-public, or political subdivision. The person denying such responsibility shall bear the burden of pro off or such denial upon establishment of ownership or possessory rights in the property served by the system. B. Service Label: For treatment plants utilizing mechanical apparatus or under a service policy, a clearly visible, permanently attached label or plate giving instructions for obtaining service shall be placed at a conspicuous location. C. Maintenance and Cleaning: When directed by the local health department, for the purpose of obtaining compliance with rules and regulations, the owner or user of a system shall provide for maintenance and cleaning of an individual sewage disposal system and shall notifY the local health department upon completion of any maintenance work and report to said department and submit such evidence of compliance with any maintenance and cleaning schedule in the form and as the department requires. I. The local board of health may adopt rules and regulations for the scheduling of maintenance and cleaning of systems and practices adequate to insure proper functioning of acceptable systems, and may require proof of proper maintenance and cleaning, pursuant to any such schedules and practices, to be submitted periodically to the local department of health by the owner of the system. D. Monitoring and Sampling: L Reasonable periodic collection and testing by the local health department of effluent samples from individual sewage disposal systems for which monitoring of effluent is necessary in order to insure compliance with the provisions of rules and regulations may be performed not more than two times a year, except when required by the health officer in conjunction with an enforcement action. 2. Any owner or occupant of property on which an individual sewage disposal system is located may request the local health department to collect and test an effluent sample from the system. The local health department may perform such collection and testing services. 3. If the local health department collects and tests effluent samples, a fee not to exceed that which is allowed by 25-10-101 et. seq. (as amended) CoRS. 1973, may be charged for each sample collected and tested. Payment of such charge may be stated in the permit as a condition for its continued use. E. Disposal of Waste Materials: Disposal of waste materials removed from a system in the process of maintenance or leaning shall be accomplished at a site approved by local county officials in a manner which does not create a hazard to the public health, a nuisance or an undue risk of pollution and which complies with state and local rules and regulations. (See Sludge Regulations and Solid Waste Regulations.) F. No Discharge is Permitted Which Does not Comply With Rules and Regulations: No sewage or effluent shall be permitted to be discharged into or upon the surface of the ground or into state waters unless the sewage system and effluent meets the minimum requirements· of applicable rules and regulations. G. Termination of Use of System: The contents of a septic tank, vault, or seepage pit, the use of which has been terminated, shall be properly disposed of whereupon the emptied tank, vault, or pit shall be filled with soil or rock, or the health officer may require the tank or vault to be removed and disposed of properly. SUMMARY ISDS systems are a good alternative to homeowners who do not have access to a community sewage disposal system. With the proper monitoring and maintenance of your ISDS system, may years of trouble free functioning can be had out of your ISDS system. RADIATION HAZARD REPORT c~£tech HEPWORTH· pAWLAK GEOTECHNICAL August 14, 2008 Ryan May P.O. Box 1359 Rifle, Colorado 81650 Hepworth.Pawlak OeOt<?':!lllICol, lhc. 5q20 County RMJ 1.54 Glenwood Springs! t:oloradl} H16CI Phone, 970·945·7988 Fa" 970·94')·8454 em::!'!: hpgeo@hpgenrel2h.conl Job No. 108 446A Subject: Gamma Radiation Survey, Proposed 3 Lot Subdivision, Lot 6A, Grass Mesa Subdivision, Intersection of Mustang Mesa Trail and Cedar Breaks Road, Garfield County, Colorado Dear Mr. May; As requested, Hepworth-PaWlak Geotechnical, Inc. petfunned a gamma radiation survey at the subject site on August 14, 2008. The survey Was performed in accordance with our proposal t.O you dated July 9,2008, Proposal No. 101-08. GlUl)llla radiation measurements were taken on a 200 foot grid pattern using a Ludlum Model 3 survey meterandLudlum Model 44-9 .detector. The readings were taken at .about 2\1, feet above the ground surface,. The radiation readings are shown on Figure I. The72 readings taken at the site ranged from 0.025 to 0.04 millirems per hour. A background reading taken nearby indicated a value of 0.025 millirems per hour. The gamma radiation survey readings at the subject site appear to be typical of the background level in the area. Based on the gamma radiation survey, radiation mitigation does not appear to he,needed, however, there is a potential that radon gas could be present in the area. It is difficult to assess future radon gas concentrations in buildings before the buildings are constructed. Testing for radon gas JeyeJs could he done in the completed building. New buildings are often designed with provisions for ventilation oflower enclosed (crawlspace or basement) areas should post construction testing show unacceptable radon gas concentration. If you have any questions,or need further .assistance, please call our office. Sincerely, HEPWORTH-PAWLAK GEOTECHNICAL, INC. Madelyn M. Wilson EnVironmental Scientist Reviewed by; Trevor 1. Knell, P .E. MMWlksw attachment Figure I -Ganuna Radiation Survey Values Parker 303,841,7119 • Color,ld,) Springs 719·6\ ViS62 • Silverthorne 970·468·1989 VICINITY MAP HI(;H COUNTRY ENGINEERING, INC. t4INVERN~~~g~~~SJ:.tF'.&~~9~·C080112 1517 SLAKE AVENUE, 5TE 101, GLENWOOD SPRINGS, C081601 PHONE (970) 945-8676 FAX (970) 945-2555 WWW.HCENIi.COM RYAN MAY GARFIELD COUNlY. CO. HIGHLINE RANCH SUBDIVISION VICINITY MAP SOILS CONSERVATION SERVICES SOIL MAP SOIL.S CLASSIFICAT,ON @ VALE S!L T LOAf,}, .3 TO 6 PERCENT S~OPES. HYDROLOGIC GROuP a, 'NEI...L DRAINED @ MORVAL-TRIDELL COf...1PLEX, 6 TO 2~ P[RCE\iT S'~OPES. HYDROLOG',C GROUP E, WELL D~I\I!>,JEC. COUNTRY ENGINEERING, INC. 141NVERNESSDRWE EAST, STE F-120, ENGLEWOOD,C080112 PHONE (303) 92&0544 FAX (303) 92.60547 1517 BLAKE AVENUE, STE 101, GLENWOOD SPRINGS, COSI601 PHONE (970) 94&86715 FAX (970) 945-256S WWW.HCE.HG.CQM RYAN MAY GARFIELD COUNTY, CO. HIGHUNE RANCH SUBDIVISION SOILS MAP DRAWN BY: SCALE: DRD 1" t: 2000' CHECKED BY: PROJECT NO: ORD 2081 021.00 DATE: PAGE: \ .-9-1508 ~: VlCINIlY.DWG MANNON, NORMAN T, PO BOX 982 NEW CASTLE, CO 81647 PARCEL NO, 217721400460 ERICKSON, C BRIAN 102 MUSTANG MESA TRAIL RIFLE, co 81650 PARCEL NO. 217721400443 S89'34'26"E 1320,00' ENCANA OIL AND GAS (USA) INC, cia K.E. ANDREWS & COMPANY 3615 S. HURON STREET, SUITE 200 ENGLEWOOD, CO 80110 PARCEL NO. 217721100355 _~ __ '1"~i~~~"=-~~-~~~~==_~~~_=_~~t-=-~~~_~_;~~_~ __ ~~~;M~U$~,~TA~N~;~,~M~S~A~T~R~~~L __ ~~ ___ :-= __ ~~~~==~==~~~~~~~ __ ~==--~.~~~~~~==~~;t==±-------------~------ 00 -'j, EXISTING MCKENNA, MATTHEW B. AND JUDITH M. 1255 MUSTANG MESA TRAIL RIFLE, CO 81650 PARCEL NO, 217721400426 o "' , , EXISTING 12" CULVERT ~ . <C N '" o· g if) L PROPOSED DRIVEWAY if) 12" CULVERT '", N PROPOSED DRIVEWAY PROPOSED HOUSE LOT 1 582,734 S.F 13.378 AC. EXISTING POWSB-- !) I I I /~~ // -----... -------'-I / EXISTING POND EXISTING 12" CULVERT \ \ ~ o 0, ---- 50' FRONT SETBACK~'---"C BUREAU OF LAND MANAGEMENT 50629 HIGHWAY 6 AND 24 GLENWOOD SPRINGS, CO 81601 PARCEL NO. 217726200956 ---------------------------------------------------------------------------:...-- ---, I LINE TO~ -L-l in ~r---~12~4~'~5~0'1~~I------l-------1N-:S~8lE8~'55;2r'447r"1E:------r----~5~4~1~.5~3~'--------R6R66'.CO~3~,--------------------i,~~ __ -J r -+ MACKLIN, JUSTIN AND NICOLE L. 1000 CEDAR BREAKS ROAD RIFLE, CO 81650 w , "' " OJ P o o z L LOT 2 709,998 S.F, 16.299 AG. ," • ", --I -':') '~"18:(:i';t EXISTING LOT 6A GRASS M[SA SUBDIVISION MAY, RYAN A. 520 BIRCH COURT RIFLE, CO 81650-2946 PARCEL NO. 217721400461 \ \ I I , ! X \ PROPOSED HOUSE )\/OFFSITE , ) ~ EXlSnNG BA"" 643.04' S88'52'47"E w • ., -;... P 25' SETBACK 1 '" ~ PROPOSED/ WELL #3 L WEINHEIMER, RICHARD A. AND 851 CEDAR BREAKS TRAIL RIFLE, CO 81650-8438 PARCEL NO. 217728100371 \ DEBORAH J. , \ \ \ DRAINAGE FLOWLINE 1319,82 LOT 3 435.848. S.F. 10006 AC. 676.78' EXISTING CISTERN , A I I I 16,7Y EXISTING MODULAR' HOUSE E ISTING 12" C LVERT EXISTING 24" CULVERT \ 1 -,. "' N oi ... <0 ,w , ro o .-o o z PARCEL NO. 217722300409 SCHULTZ. FREDERICK E. JR. 900 CEDAR BREAKS TRAIL RIFLE, CO 81650-8438 PARCEL NO. 217727200427 , , '--~' NOlES; "_<f" _ ,~, l,. .• "- ~ " ,---::,~,=- ~-~- ~ -" .. ,,' ~r ~:" j ~ ;i SECTIONS 21, TOWNSHIP 6 S, RANGE 93 W, 6TH PM, VICINITY MAP SCALE; 1" 2000' ~----~LEGENDr------ l EXISTING GRAVEL ROAD PROPOSED GRAVEL ROAD EXISTING SURVEYED 10' CONTOUR EXISTING SURVEYED 2' CONTOUR EXISTING CULVERT CENTERLINE EXISTING ROAD EASEMENT ------ -----EXISTING ELECTRIC EASEMENT LOT LINE PROPOSED SETBACK DRAINAGE FLOW PATH EXISTING MONUMENT CORNER EXISTING CUY WIRE EXISTING ELECTRIC POLE WELL EXISTING OVERHEAD ELECTRIC EXISTING DRAINAGE PATH i '\ 1. THE LOCATIONS OF UNDERGROUND UTILITIES HAVE BEEN PLOnED BASED UPON UTILITY MAPS, OTHER INF'ORMA1l0N PROVIDED BY UTILITY COMPANIES AND ACTUAL FIELD LOCATIONS IN SOME INSTANCES. THESE JTILITIES, AS SHOWN, MAY NOT REPRESENT ACTUAL FIELD CONDITIONS, AND SOME LOCATIONS ARE UNKNOWN. IT IS THE RESPONSIBILITY OF THE CONTRACTOR TO CONTACT ALL UTILITY COMPANIES FOR FIELD LOCATIONS OF UTILITIES PRIOR TO CONSTRUCTION. 2. ALe CONSTRUCTION TO BE PER GARFIELD COUNTY SPECIFICATIONS, 3. ALL UllLlTIES, BOTH UNDERGROUND OR OVERHEAD, SHALL BE MAINTAINED IN CONTINUOUS SERVICE THROUGHOUT THE ENTIRE CONSTRUCTION PERIOD, EXCEPT AS NOTED IN THE SPECIAL CONDITIONS, THE CONTRACTOR SHALL BE RESPONSIBLE AND LIABLE FOR ANY DAMAGES TO, OR INTERRUPTION OF, SERVICES CAUSED BY THE CONSTRUCTION, 4. THE CONTRACTOR SHALL CONTAIN HIS CONSTRUCTION OPERA1l0NS TO THE AREA ~THIN THE LIMITS SHOWN ON THE PLANS. CONTRACTOR SHALL NOT OPERATE OUTSIDE THIS AREA I>1THOUT THE PRIOR CCNSENT OF THE PROPERTY OWNERS INVOLVED, 5. ANY DAMAGE TO PRIVATE PROPERTY BY THE CONTRACTOR OUTSIDE THESE LIMITS WITHOUT THE PERMISSION OF THE PRIVATE PROPERTY OWNER WILL BE THE RESPONSIBILITY OF THE CONTRACTOR. 6. MAINTAIN POSITIVE DRAINAGE AWAY FROM STRUCTURES IN ALL DIRECTIONS. 7. PROPERTY CURRENTLY RECORDED AS LOT SA GRASS MESA RANCH AND LOCATED IN TOWNSHIP 6 SOUTH, RANGE 93 WEST OF THE 6TH PM, IN THE SEl/4 SE1/4 OF SECTION 21 8. AVERAGE SLOPE IS ABOUT 5.4% ~TH NO SLOPES EXCEEDING 20% .. 9. 3 SINGLE FAMILY HOMES PROPOSED ~TH THE ABILITY TO HAVE 1 ADDITIONAL DRELLING UNIT PER LOT IF THE FUTURE HOMEWONERS SO CHOOSE, 10. EXISTING AND PROPOSED ZONING IS A/A/RD -AGRICULTUAL/RESIDENTIAL/RURAL DENSITY WHICH ALLOWS A MINIMUM LOT SIZE OF 2 ACRES. 11. TCTAL DEVELOPMENT AREA IS 39.683 ACRES. 12 SURVEY WAS PERFORMED BY BRIAN STEINWINOER ON BEHALF OF THE SEXTON SURVEY COMPANY. 13. TOTAL PROPOSED OFF-STREET PARKING IS O. 14 TOTAL AREA OF NON-RESIDENTIAL FLOOR SPACE IS 0 15. TCTAL PROPOSED DENSITY IS INCLUDING ADUs IS 6 UNITS/39.683 ACRES OR 0.1512 UNITS/ACRE. GRAPHIC SCALE eo 0 ... 0 80 160 320 OWNER AND APPLICANT; RYAN A, Mtl,Y ~~~-~?~I~I -I ---I " ;:~~ ;( t~I;:;"OOtl/· !/f fl., ~,.":: RIFLE, GO Ci{<:C PHONE NUMBER: l "i7l! (" e-'(275 ENGINEER AND PLANNER HIGH COUNTRY ENGINEERING, INC 1517 BLAKE AVENUE GLENWOOD SPRINGS, CO B1601 PHONE NUMBER: (970) 945-8676 ( IN FEET ) 1 inch ~ 80 ft. *' it P~ELlMINARY .... ,-: .~. z o U1 :> w 0:: • U Z - o U ~ >-z «:J :::>0 zU ~o n:LLl lJ.. n: « l? N fil o u PROJECT NO. 2081021,00 1