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HomeMy WebLinkAbout1.0 ApplicationAPPLICATION FOR MAJOR SUBDIVISION EXEMPTION ORR/SMITH EXEMPTION 6640 COUNTY ROAD 312 NEW CASTLE, COLORADO MARCI-I 16, 2010 RECEtypn MAR 2110 APPLICATION GARFICLJ COUNTY FOR BUILDING & PLANNING MAJOR SUBDIVISION EXEMPTION ORR/SMITH EXEMPTION APPLICANT: LACY ORR & GIL SMITH P.O. BOX 787 DARBY, MONTANA 59829 SUBMITTED BY: JOHN L. TAUFER & ASSOCIATES, INC. LANDSCAPE ARCHITECTS/LAND PLANNERS P.O. BOX 2271 GLENWOOD SPRINGS, COLORADO 81602 (970) 945-1337 RESOURCE ENGINEERING INC. CONSULTING ENGINEERS AND HYDROLOGISTS 909 COLORADO AVENUE GLENWOOD SPRINGS, COLORADO 81601 (970) 945-6777 SURVCO, INC. P.O. BOX 2782 GLENWOOD SPRINGS, COLORADO 81602 (970) 945-5945 MARCH 16, 2010 TABLE OF CONTENTS SUBDIVISION APPLICATION Subdivision Exemption Application 1 Page Subdivision Exemption Requirements 9 Pages Agreement for Payment Form 1 Page Pre -Application Conference Summary - 3 Pages w/Kathy Eastley Letter of Authorization to Represent Owners 1 Page OWNERSHIP Title Commitment 6 Pages PROJECT SUMMARY Summary of Project 6 Pages POTABLE WATER Water Resources Report 3 Pages Lot 1 Existing Well ( Well Permit, Well Test ..6 Pages & Analysis) Well # 2 ( Well Permit, Well Test and Analysis) 7 Pages Well # 4 ( Well Permit, Well Test and Analysis) 9 Pages SOILS Soils Map/Soil Types 3 Pages Soils Characteristics 9 Pages FIRE PROTECTION Letter from Orrin Moon, Assistant Fire Marshal ...........1 Page Burning Mountains Fire District ADJACENT PROPERTY OWNERS Adjacent Property Owners Within 200' 1 Page GARCO Assessors Map Showing 1 Page Adjacent Property Owners APPENDIX BLM Right — Of - Way Grant For Existing 6 Pages Well On BLM Lands BLM Exclusive Road Easement for Existing 3 Pages BLM Road on Orr/Smith Property Right —Of — Way Deed — Granting 60 Foot 3 Pages Right — Of — Way for CR 312 to GARCO and Right — Of — Way Legal Description Declaration of Water Well Use and Maintenance 4 Pages Declaration of Covenants and Road 5 Pages Sharing Agreement Garfield County Construction Permit For 4 Pages Installation of Utilities in Public Right —Of — Way Garfield County Driveway Permit GRB 10-D-4 4 Pages Garfield County Driveway Permit GRB 10-D-3 7 Pages Evidence of Property Qualifying for 1 Page Exemption Lot 5 Building Site Topography 1 Page GARFIELD COUNTY Building & Planning Department 108 8th Street, Suite 401 Glenwood Springs, Colorado 81601 MAR 1 9 ?O ;ri Telephone: 970.945.8212 Facsimile: 970.384.3470 GARFIELD COUNTY www.garfield-county.com BUILDING & PLANNING MACr\ ❑ MINOR [2 LOT] EXEMPTION MAJOR [4 LOT] EXEMPTION ❑ FINAL EXEMPTION PLAT AMENDMENT -, GENERAL INFORMATION (Please print legibly)�1 ➢ Name of Property Owner: Orr" � �4 ` Giw�.Qi� ➢ Mailing Address: ' ... t54.4. i f'1 Telephone: Aim") .) tom 1.,1"11 ➢ City: '9State:mi_ Zip Code: rq=yl Cell: (4v,) r'.4l--teinst > E-mail address: Leis, a1 ,rykwi.w;1 . e.e w•. FAX: ( ) ➢ Name of Owner's Representative, if any, (Attorney, Planner, Consultant, etc): J➢ a i• . ➢ Mailing Address: P. bay. -tnrt t Telephone: (iio) q,torrtaiti ➢ City: b. L.,e4,m1 e s State: Go Zip Code: $ iinv'�- Cell: () ➢ E-mail address: 314.,e..) ,G,,,r, . rr,-[- FAX: ( } ➢ Street Address / General Location of Property: LA,. alh,1 124. r .w. 4-L , eAC > Assessor's Parcel Number: 'L I ._ - J - - Q '�, Size of Property (in acres) as of January 1, 1973: 1t.4ao, > Current Size of Property to be Subdivided (in acres): 'l $. . 43'g ➢ Number of Tracts / Lots Created Including remainder of Parent Property: ➢ Proposed size of Tracts / Lots to be Created Including remainder of Parent Property: o Lot #: 1 containing 4:7e1 acres o Lot #: 't, containing ‘tpit acres a Lot #: 3 containing yk. t k acres o Lot #: A' containing kg".$4. acres o Lot #: £ containing 20,11 acres ➢ Property's Zone District: r.di Last Revised 12/12/08 I. TO QUALIFY FOR A MINOR EXEMPTION: Division of land by which no more than two (2) parcels, i.e. one (1) new parcel and the remainder parcel, will be split from any parcel that was described in the records of the Garfield County Clerk and Recorder's Office as of January 1, 1973, regardless of size, as long as the resulting parcels meet the minimum lot size for the underlying zone district. The proposed Minor Exemption shall satisfy the criteria in Section 5-407, General County Exemption Criteria, and shall require recording of a Minor Exemption Plat, describing each Exemption Lot by a metes and bounds legal description and as a numbered or lettered "Exemption Lot". II. TO QUALIFY FOR A MAJOR EXEMPTION Division of land by which no more than four (4) parcels, i.e. the remainder parcel and not more than three (3) new parcels will be split from a parcel of land that was described in the records of the Garfield County Clerk and Recorder's Office as of January 1, 1973 as a parcel of land 35 acres or more in size and not part of a recorded subdivision. In addition to the general exemption criteria, contained in Section 5-407, the proposed Major Exemption shall require recording of a Major Exemption Plat, describing each Exemption Lot by a metes and bounds legal description and as a numbered or lettered "Exemption Lot". For purposes of the definition of Minor and Major Exemptions: 1) All tracts of land thirty five (35) acres or greater in size created after January 1, 1973 pursuant to C.R.S. 30-28-101(10)(b), i.e. divisions of land creating parcels each of which comprises thirty-five (35) acres or more and none of which is intended for use by multiple owners, shall be considered parcels of land created by exemption for purposes of further division in accordance with the exemption review processes outlined in Division 4 and, thus, shall be counted as one of the not more than four (4) Exemption Lots allowed to be split by the Major or Minor Exemption process; unless; 2) If the parcel of land under consideration, or part thereof, is split by a public right- of-way or a County road right-of-way included in the County highway system, and the location of the public or County right-of-way prevents joint use of one or more of the proposed Exemption Lots, then the division of land may include a split into no more than five (5) parcels, i.e. no more than four (4) new parcels and the remainder parcel in a Major Exemption and no more than three (3) parcels, i.e. no more than two (2) new parcels and the remainder parcel, in a Minor Exemption. 111. APPLICATION SUBMITTAL REQUIREMENTS As a minimum, an application for a Major Exemption shall specifically provide the following items below pursuant to Article V, Sections 5-406 and 5-501. • 1. Submit a completed and signed Application ,Form, an application fee, and a signed Agreement for Payment form. 2. A narrative addressing criteria in this application and explaining the purpose of the application. 3. Copy of the deed showing ownership. Additionally, submit a letter from the property owner(s) if the owner is being represented by another party other than the owner. if the property is owned by a corporate entity (such as an LLC, LLLP, etc.) Please submit a copy of recorded _"Statement of Authority" -- demonstrating that the person signing the application has the authority to act in that capacity for the entity. 4. Submit a copy of the appropriate portion of a Garfield County Assessor's Map showing the subject property and all public and private landowners adjacent to your property (which should be delineated). In addition, submit a list of all property owners, private and public, and their addresses adjacent to or within 200 ft. of the site. This information can be obtained from the County Assessor's Office. You will also need the names (if applicable) of all mineral interest owners of the subject property, identified in the County Clerk and Recorder's records in accordance with §24-65.5-101, et seq. (That information may be found in your title policy under Exceptions to Title). 5. Vicinity map: An 8 1/2 x 11 vicinity map locating the parcel in the County. The vicinity map shall clearly show the boundaries of the subject property and all property within a 3 -mile radius of the subject property. The map shall be at a minimum scale of 1"=2000' showing the general topographic and geographic relation of the proposed exemption to the surrounding area for which a copy of U.S.G.S. quadrangle map may be used. 16. A copy of the Pre -Application Conference form from the original Pre - Application Conference. - 7. Provide a Minor / Major Exemption Plat that is scaled at 1 inch to 200 feet for properties exceeding 160 acres in size, or :1 inch to 100 feet for properties less -than 160 acres .insize. The Director may require a more detailed version of all or part of the exemption map or plat. The required details for an Exemption Map or Plat can be found in Section 5-502(C)(7) of the ULUR. 8. All requests for Minor and Major Exemptions shall be required to demonstrate that they can meet the following criteria: a) Adequate Water Supply. The resulting Exemption' Lots have a sufficient legal and physical source of water, in compliance with the requirements of this Land Use Code set forth in Section 7-104 of Article VII, .Standards. b) Adequate Water Distribution and Wastewater Disposal System. The resulting Exemption Lots have an adequate water distribution system and wastewater disposal system in compliance the requirements of this Land Use Code set forth in Section 7-105 of Article VII, Standards. c) Adequate Access. The resulting Exemption Lots have legal and adequate access in compliance with the requirements of this Land Use Code set forth in Section 7-107 of Article VII, Standards. d) Hazards. The resulting Exemption Lots do not create hazards identified in Section 7-209 and Section 7-210 of Article VII, or exacerbate existing hazards. e) Compliance with Comprehensive Plan and Intergovernmental Agreements. The proposed exemption is consistent with applicable provisions of the Garfield County Comprehensive Plan and . any intergovernmental agreements between the County and a municipality that apply to the area where the division of land will occur. f) Exemption Map Requirements. See the specific requirements for Exemption Plats at Section 5-502 B6 and B7. The following general criteria also apply: g) 1. Suitability of Plat for Recordation. The exemption map or plat is drawn in accordance with the requirements of these Regulations and is suitable for recordation. 2. Adequacy of Supporting Materials. The exemption plat meets all planning, engineering, and surveying requirements of these Regulations for maps, data, surveys, analyses, studies, reports, plans, designs, documents, and other supporting materials. 3. Liens and Encumbrances. The exemption plat does not include a lien, conveyance, or encumbrance to the property dividing a lot or encumbering the public use of public dedications for roadways public utility easements or other purposes. Taxes. All taxes applicable to the land have been paid. /9. Submit 3 copies of this completed application and all the required submittal materials to the Building and Planning Department. Staff will request additional copies once the application has been deemed technically complete. s IV. PROCEDURAL REQUIREMENTS Minor and Major Exemptions are reviewed in an Administrative Process. The following steps outline how the Major Exemption review process works in Garfield County as further defined in Article IV, Section 4-104 of the Unified Land Use Resolution of 2008. 1. Pre -Application Conference. A pre -application conference shall be held in accordance with the provisions of Section 4-103 A, Pre -Application Conference. 2. Application. The application materials required for a land use change subject to Administrative Review are set forth in Section 4-681.A. 5af 3. Determination of Completeness. The Director shall review the application for determination of completeness in accordance with the provisions of Section 4- 103 C, Determination of Completeness. 4. Evaluation by Director/Staff Review. Upon determination of completeness, the Director shall review the application for compliance with the applicable requirements. A staff report shall be prepared pursuant to Section 4-103 E. a) Review by Referral Agencies. The Director's evaluation of the application may include comment by referral agencies received under Section 4-103 D, Review by Referral Agency. b) Notice to Adjacent Property Owners. The applicant shall mail a written notice by certified mail, return receipt requested, to the owners of record of all property adjacent to the property within a 200' radius and the mineral owners of record in the office of the County Clerk and Recorder.. The notice shall include a vicinity map, the property's legal description, a short narrative describing the current zoning and proposed land use change, and the contact information and the date that the Director has to make a decision and notice of the 10 day period after the Director's decision to appeal the decision and the deadline for comments to be submitted. The comment period for adjacent property owners shall be within twenty-one (21) calendar days from the date of receipt of the notice established by return receipt. 5. Director Decision. Within thirty (30) working days of the date of determination of completeness, or close of the comment period if the application is referred for comment, the Director may approve, approve with conditions or deny the land use change application subject to Administrative Review. The Director's decision shall be based upon compliance of the proposed use with the approval standards set forth in Divisions 1 and 2 of Article VII, Standards. a) Approval of Application. If the application satisfies all of the applicable standards, the application shall be approved. The application may be • approved with conditions determined necessary for compliance with applicable standards. Once it has been approved, the applicant shall prepare the necessary legal documents - to be placed on the consent agenda for the signature of the Chairman of the Board of County Commissioners and shall be duly recorded by the Clerk and Recorder after signature. b) Denial of Application. If the application fails to satisfy all of the applicable standards, the application shall be denied. 6. Written Notice of Decision. The Director shall inform the applicant and noticed property owners of the approval, conditions of approval or basis for denial in writing within five (5) working days of the date of decision. Notice of the Director's decision shall also be provided to the Board of County Commissioners. V. AMENDMENTS TO APPROVED EXEMPTIONS An amendment may be made to a recorded Final Exemption Plat if such amendment does not increase the number of subdivision lots or result in a major relocation of a road or add one or more new roads (pursuant to Section 5-306). A correction can be made to a recorded Exemption Plat in order to correct an engineering error, mislabeling issue, etc. that does not affect the substance of the plat. A. Outline of Processes. The review processes for amending an Exemption Plat shall consist of the following: 1. Four (4) Lots or Less: The Administrative Review Process, detailed in Section 4- 104 of Article IV, shall be used for review of a request to amend an Exemption Plat for modifying lot lines, building envelopes, easement locations or other interests affecting up to four (4) Tots. An Amended Exemption Plat which modifies lot lines or easements affecting not more than two (2) adjacent Exemption Lots or a single building envelope shall be subject to the Administrative Review Process set forth in Section 4-104 of Article IV, with the addition of presentation of the Amended Exemption Plat to the Board of County Commissioners for signature, prior to recording with the Office of the Clerk and Recorder. 2. More Than Four (4) Lots: The Major Exemption Review Process, detailed in Section 5-403, shall be used to amend an Exemption Plat modifying lot lines, building envelopes, easement locations or other interests affecting more than four (4) Exemption Lots. An Amended Final Exemption Plat which modifies lot lines or easements affecting more than four (4) lots or more than one (1) building envelope shall be subject to the Major Exemption Review Process set forth in Section 5-403. 6 B. Application Materials: The Final Exemption Plat Amendment / Corrected Plat review requires the following application materials as more fully described in Article V, Section 5-502: 1. Application Form and Fee 2. Preliminary Pian (5-501(G)) 3. Final Exemption Plat, Amended Final Exemption Plat 4. Subdivision Improvement Agreement, if necessary I have read the statements above and have provided the required attached information which is correctd accurate to the best of my knowledge. ///2 3- i 7 (Signatu rty Owner) 7 Date • 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")i 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 a Payment Agreement 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 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. s GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT BASE FEES TYPE OF LAND USE ACTION BASE FEE Vacating Public Roads & Rights -of -Way $400 Sketch Plan ' $325 $675 + application agency review fees and outside Preliminary Plan / Conservation Subdivision consultant review fees, as authorized pursuant to the Regulations, such as the Colorado Geologic Survey Preliminary Plan Amendment $325 Final Plat $200 Final Plat Amendment / Correction Plat $100 Combined Preliminary Plan and Final Plat $1,075 Minor Exemption / Amendment $300 / $300 Major Exemption / Amendment $400 / $300 Rural Land Development Option Exemption I Amendment $400 / $300 General Administrative Permit $250 Floodplain Development Permit $400 Pipeline Development Plan / Amendment $400 / $300 Small Temporary Employee Housing $50 Minor Temporary Employee Housing $250 Limited Impact Review / Amendment $4001$300 Major Impact Review 1 Amendment $525 / $400 Rezoning: Text Amendment $300 Rezoning: Zone District Amendment $450 Planned Unit Development (PUD) / Amendment $500 / $300 Comprehensive Plan Amendment $450 Variance $250 Interpretation $250 Takings Determination NO FEE Planning Staff Hourly Rate ■ Planning Director $50.50 • Senior Planner $40.50 • Planning Technician $33.75 • Secretary $30.00 County Surveyor Review Fee (includes review of Amended Determined by Surveyor$ Plats, Final Plats, Exemption Plats) Mylar Recording Fee $11 —1st page $10 each additional page Page 2 The following guidelines shall be used for the administration of the fee structure set forth above: 1. All applications shall be submitted with a signed Agreement for Payment form set forth below. 2. County staff shall keep accurate record of actual time required for the processing of each land use application, zoning amendment,'or subdivision application. Any additional billing will occur commensurate with the additional costs incurred by the County as a result of having to take more time that that covered by the base fee. 3. Any billings shall be paid prior to final consideration of any land use permit, zoning amendment, or subdivision plan. All additional costs shall be paid to the execution of the written resolution confirming action on the application. 4. Final Plats, Amended or Corrected Plats, Exemption Plats or Permits will not be recorded or issued until all fees have been paid. 5. In the event that the Board determines that special expertise is needed to assist them in the review of a land use permit, zoning amendment, or subdivision application, such costs will be borne by the applicant and paid prior to the final consideration of the application. All additional costs shall be paid prior to the execution of the written resolution confirming action on the application. 6. If an application involves multiple reviews, the Applicant shall be charged the highest Base Fee listed above. 7. Types of "Procedures" not listed in the above chart will be charged at an hourly rate based on the pertinent planning staff rate listed above. 8. The Planning Director shall establish appropriate guidelines for the collection of Additional Billings as required. Page 3 AN GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT PAYMENT AGREEMENT FORM (Shall be submitted with application) rr GARFIELD COUNTY (hereinafter COUNTY) and L -M Orr / ,i 1 Ast.eirgt Property Owner (hereinafter OWNER) agree as follows: 1, OWNER has submitted to COUNTY an application for Y1/17r (hereinafter, Ti-fE PROJECT). OJECT). 2. OWNER 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. OWNER 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. OWNER agrees to make payment of the Base Fee, established for the PROJECT, and to thereafter permit additional costs to be billed to OWNER. OWNER 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, OWNER shall pay additional billings to COUNTY to reimburse the COUNTY for the processing of the PROJECT mentioned above. OWNER 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. PROPERTY • NER (OR AUTHORIZED REPRESENTATIVE) Si ature e ' DR j Print Name Mailing Address: Date 7F7 oe n:2 Page 4 +nn r rcu,•, . rR.�� a 3 12/18/2006 11:24 77e5 -76754e, sem ay: John L. Tat:far 4 ASSOC.; • »camber 18, 2006 W E .' RPC I: S 971).44$.''fa`14; 04/C.12-06 t7:51; Fred lumen. Director Garfield County Boldins saki Planning Ucparament Garfield County, Colorado • 111 W.eBisect Glenwood Smogs, Colotadb 81601 Ra: Lauer of Authorization- Ocr/Smi' h Exemption Deal Fred, We. Lacy Or and Gil Smith, hereby authorize John L. Tater, Jahn L. Tauirr • & Associates, Inc. to act on ante Waif eigardizI$ the Orr/Smith Bxemp da r% R.egnest. • • • • • Gil Smith PACE 32 Pigu 4/4 JOHN L. TAUFER & ASSOCIATES, INC. Landscape Architecture / Land Planning March 16, 2010 Board of County Commissioners Garfield County, Colorado 108 West 8th Street Glenwood Springs, Colorado 81601 Re: Orr/Smith Major Subdivision Exemption — Garfield Creek, Garfield County, Colorado Dear Commissioners, On behalf of Lacy Orr and Howard ( Gil) Smith, I am pleased to submit this land use application regarding a Major (4 Lot) Subdivision Exemption for a 78.4 acre parcel of land located at 6640 County Road 312 ( Garfield Creek ). In addition to the 4 lots, the Garfield County Board of County commissioners, approved a factual finding that County Road 312 prevents joint use of the proposed exemption lots thus creating a 5th lot. The parcel is situated approximately 6.3 miles south of the intersection of County Road 331 and County Road 312. The property is zoned Rural. The Orr/Smith parcel, County Parcel # 2183-302-00-008, containing approximately 78.5 acres, existed as described on January 1, 1973. A Memo from SURVCO, INC, which shows evidence and demonstrates that the parcel existed in its present configuration on January 1, 1973. The chain of title is included with the Memo. The Memo is attached in the Appendix of this application. Approval of the exemption request would allow the owners to divide their property into 5 single family residential lots. The lot sizes range from 20.192 acres to 10.996 acres. SURROUNDING LAND USES Adjacent land uses include Bureau of Lands Management (BLM) public lands and single family residential uses. The Orr/Smith property adjoins public lands to the south and west and single family residents to the east and north. The Orr/Smith Exemption request is consistent and compatible with the surrounding land uses. 909 Colorado Avenue • Box 2271 • Glenwood Springs, 00 91 802 (970) 945-1337 • FAX (970) 945-7914 LOT LAYOUT Lots 1 through 4 are situated north of County Road 312 while Lot 5 is situated north of the County road. The following lot size breakdown is as follows: Lot # Lot 1 Lot 2 Lot 3 Lot 4 Lot 5 Lot Size ( Acres)* 14.37 Acres 11.00 Acres 14.64 Acres 15.84 Acres 20.19 Acres * Taxable Acres Excluding County Road 312 ROW As previously mentioned, Lots 1 through 4 are located in the area that has been historically used for agricultural purposes. The lots slope gently toward Garfield Creek and the northern property boundary. County Road 312 splits the property into 2 sections. Per Garfield County requirements, the lot boundaries have been extended to the centerline of County Road 312. The owners will deed a 60 foot right of way to the Board of County Commissioners for public use. A Right of Way Deed and a legal description of the right of way is included in the Appendix of the application. The proposed Lot 5 area is heavily vegetated with gambel oak, serviceberry, pinyon pine and native grasses. Some clearings of vegetation are evident on the parcel. The clearings were a result of a power line that was installed on this portion of the property. The proposed building site is located within one of the clearings thus eliminating clearing of more vegetation. The actual building site contains slopes of approximately 20 - 25%. The building envelope is 1.21 acres. A specific site plan will be submitted at the time of building permit that demonstrates placement of the structure on the site, site grading and vehicular circulation alignment. A drawing showing the topography of the building site ( Exhibit A ) is included in the Appendix of this application. The remainder of the lots will comply with building setback regulations of the Rural zone district. The proposed lots offer panoramic views of the Garfield Creek drainage, Sunlight Peak and the Flatops. ACCESS With the exception of Lot 2, each lot will have direct, individual access from County Road 312. Lot 2 will be accessed from the County road via a 30 foot access easement 2 running through Lot 1. The access easement follows the alignment of an existing dirt driveway that extends from the existing residence on Lot 1 to the outbuildings on Lot 2. A Declaration regarding the roadway access easement is included in this application. Lot 1 will utilize an existing access point along County Road 312 while new driveways for Lots 3,4 and 5 will be required. Garfield County Road and Bridge Department, Driveway Permits, No's GRB10-D-4 and GRB10-D-3, have been issued for Lots 1 and 5 respectively. The Permits are located in the Appendix of the application. The access road to Lot 5 will follow an existing dirt road running parallel to County Road 312. Utilizing the existing dirt road will eliminate the need for the clearing of vegetation. 1 met with Jake Mall, County Road & Bridge Supervisor, to discuss access to each Lot. The corresponding access locations are based on his recommendations. POTABLE WATER Potable water will be supplied to each lot by individual or shared wells. An existing well on Lot 1 ( Permit # 80600) provides potable water to the existing residence. Potable water will be supplied to the remaining four lots by individual or shared wells. Potable water for Lot 2 will be supplied by an existing well ( Permit # 152526 ). Lot, 3, 4 and 5 will be served by a shared well located on Lot 4 ( Permit # 271770). Pump tests were performed on the wells. The pumping results of the wells are as follows: Lot/Well # Duration of Test Flow/Gallons Per Minute ( GPM Lot 1 24 Hr. .33 GPM Lot 2 24 Hr. 3.75 GPM Lot 4 24 Hr. 3.6 GPM Water quality testing was also performed at the time of the pump tests. With the exception of the well on Lot 2, the potable water meets all of the primary State drinking water standards including bacteria and nitrates. The shipping of the water sample from Lot 2 was delayed as a result of a shipping error so the bacteria test was conducted outside of the holding time limit for the sample. The recommended treatment for bacteria is to treat the well with a disinfectant. As noted on the Exemption Plat, as a Plat Note, the well on Lot 2 shall not be used as a potable water supply until the well has been treated with a disinfectant. 3 Mr. Erion's analysis of the legal and physical water supply and water quality parameters are discussed in a report included under the heading `° Potable Water ". Mr. Erion recommends a disinfection treatment for the wells on Lots 1,2 through 4. He also recommends that water softening treatment be implemented for the water supply on Lots 1 through 5. A Declaration of Water Well Use and Maintenance for the shared well on Lot 4 is included in the Appendix of the application. Garfield County Road and Bridge Department issued a Utility Permit thus enabling a domestic water line to be placed in and cross County Road 312 to serve Lot 5. The Utility Permit is included in the Appendix of the application Water for irrigated areas will be supplied from existing irrigation rights from Garfield Creek. SEWAGE DISPOSAL The proposed method of sewage disposal is Individual Sewage Disposal Systems (ISDS). The existing residence is presently served by ISDS. Each system will be designed by an engineer licensed to practice in the State of Colorado. SOILS The Soil Conservation Service soil survey mapping has identified the following four (4) types of soil map units covering the property: 19 — Cochetopa-Jerry complex 24 — Dollard -Rock outcrop 45 — Morval-Tridell complex 65 — Torrifluvents 68 — Vale silt loam Of the five (5) soil map units, only the (45) Morvel-Tridell complex and (68 ) Vale silt loam mapping units are located where proposed building development will occur. The proposed exemption Lots 2,3, 4 and a majority of Lot 1 are situated in the Vale silt loam mapping unit area while Lot 5 is situated in the Morvel-Tridell complex map unit. Vale silt loam is found on areas with 3 to 6% slopes. This deep, well drained soil is on mesa, terraces and alluvial fans. According to the U.S.D.A. soil survey interpretation tables, limitations are slight with regards to building site development and moderate in 4 terms of septic tank absorption fields. The moderate classification is due to slow percolation rates. The material is rated as poor for road fill due to its low strength. Those site development limitations can be mitigated through proper engineering design. Morval-Tridall complex soils are found on 6 to 25% slopes. Both the Moval and Tridall soil are deep, well drained soils. The interpretation tables rate this map unit as moderate for both building site development and septic tank absorption fields and fair for road fill. Regardless of the limitations of some soils to building and construction, these limitations can be mitigated through proper engineering design. The U.S.D.A. soil interpretation tables, as well as soils mapping, for these specific soils, are included in this application submittal. FIRE PROTECTION The property is situated in the Burning Mountain Fire Protection District. Per statements made by Orrin Moon, Assistant Fire Marshal, the district will provide fire protection to the development but since the property is located some distance from the closest station, the District will require on-site water storage for fire protection purposes. He recommends providing (2) - 6,000 gallon storage tanks for a total storage capacity of 12,000 gallons. We will comply with his recommendation. The tanks will be located within a dedicated utility, emergency service, and fire access easement which are located on Lot 1. The tanks will be buried and a dry hydrant will be installed for drafting purposes. A letter from the Burning Mountain Fire Protection District, dated February 22, 2010, is included in this application under the heading of "Fire Protection". BLM RIGHT-OF-WAY GRANT — DOMESTIC WELL SERVING LOT 1 The existing domestic well, that serves the existing residence on Lot 1, is located on BLM property. The BLM has issued a Right -of -Way Grant that permits use of the domestic well and associated pipeline to cross BLM land to serve the residence. The Right of Way Grant runs for a period of 30 years. The right of way easement is located on the Exemption Plat. A copy of the Right -of -Way Grant is included in the Appendix of this application. EXCLUSIVE ROAD EASEMENT A portion of BLM road crosses the Orr/Smith property. The road is located in the southwest corner of the property. The owners ( Orr/Smith) have granted a 20 foot access easement to BLM for the road. A copy of the Road Easement is located in the Appendix of this application and the 20 foot easement is shown of the Exemption Plat. 5 OWNERSHIP Stewart Title issued an updated Title Policy in January 21, 2010. The policy depicts that the fee simple title to the property is vested in Lacy Orr and Howard G. (Gil) Smith. This application complies with the submittal requirements of the Garfield County Unified Land Use Resolution 2009. We request approval of the Orr/Smith Major Subdivision Exemption If you have questions or need additional information, please do not hesitate to contact my office. Sincerely, John L. Taufer, Owners Representative 6 SCHEDULE A Order Number: 05000959-C3 I. Effective date: January 21, 2010 at 8:00 A.M. 2. Policy or Policies to be issued: (a) A. L. T. A. Owner's (standard) Proposed Insured: Amount of Insurance $ THD (b) A. L. T. A. Loan $ Proposed Insured: (c) Leasehold $ Proposed Insured: 3. The estate or interest in the land described or referred to in this Commitment and covered herein is fee simple 4. Title to the fee simple estate or interest in said land is at the effective date hereof vested in: LACY ORR AND HOWARD G. SMITH 5. The land referred to in this Commitment is described as follows: SEE ATTACHED LEGAL DESCRIPTION Purported Address: R017213-218330400008 6640 COUNTY ROAD 312 NEW CASTLE, CO 81647 STATEMENT OF CHARGES These charges are due and payable before a Policy can be issued. SEARCH FEE - UPDATE $75.00 SCHEDULE A Order Number: 05000959-C3 LEGAL DESCRIPTION THE S1/2 OF THE SE1/4 OF SECTION 30, TOWNSHIP 6 SOUTH, RANGE 90 WEST OF THE 6TH P.M. EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PARCEL: THAT PART OF THE SE114SE114 OF SECTION 30, TOWNSHIP 6 SOUTH, RANGE 90 WEST OF THE 6TH PRINCIPAL MERIDIAN LYING WEST OF THE EAST LINE OF SAID SECTION 30 AND NORTHERLY OF THE COUNTY ROAD AS NOW CONSTRUCTED, DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE NORTHERLY LINE OF SAID COUNTY ROAD WITIi THE EAST LINE OF SAID SECTION 30, WHENCE THE SOUTHEAST CORNER OF SAID SECTION 30 BEARS SOUTH 30.0 FEET; 'I'I-IENCE S. 88°29' W. 174.64 FEET ALONG THE NORTI-IERLY LINE OF SAID COUNTY ROAD; THENCE N. 00°36' E. 102.1 FEET; THENCE N. 36°54' W. 160.8 FEET; THENCE N. 58°27' E. 316.9 FEET TO A POINT ON THE EAST LINE OF SAID SECTION 30; THENCE S. 391.90 FEET, MORE OR LESS, ALONG SAID SECTION LINE TO A POINT ON THE NORTHERLY LINE OF SAID COUNTY ROAD, THE POINT OF BEGINNING. COUNTY OF GARFIELD STATE OF COLORADO Order Number: 05000959-C3 SCHEDULE B Section REQUIREMENTS The following arc the requirements to be complied with: Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to wit: 1. Execution of Affidavit as to Debts and Liens, which is attached or will be provided at closing. 2. Payment of all taxes and assessments currently due and payable, if any. 3. NOTE: THIS IS A SEARCH REPORT ONLY Order Number: 05000959-C3 SCHEDULE B Section 2 EXCEPTIONS The policy or policies to be issued will contain exceptions to the following unless the sante are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession, not shown by the public records. 2. Easements, or claims of casements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof, but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this commitment. 6. Unpatented mining claims; reservations or exceptions in patents, or an act authorizing the issuance thereof; water rights, claims or title to water. 7. Any and all unpaid taxes and assessments and any unredeemed tax sales. 8. The effect of inclusions in any general or specific water conservancy, fire protection, soil conservation or other district or inclusion in any water service or street improvement area. 9. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted, as reserved in United States Patent recorded March 3, 1923 in Book 73 at Page 144 as Reception No. 81935. 10. Holy Cross Electric Association, Inc. Right -of -Way Easement recorded January 20, 1976 in Book 482 at Page 165 as Reception No. 271055. 11. Oil and Gas Lease recorded February 3, 1978 in Book 505 at Page 617 as Reception No. 283329, and any and all assignments of record, or otherwise, thereof, or interests therein; and other Oil and Gas Leases of record, and any and all assignments of record, or otherwise, thereof, or interests therein. 12. Option to Purchase Real Property recorded October 15, 2002 in Book 1395 at Page 760 as Reception No. 612548; Agreement to Extend Option Term recorded September 29, 2003 in Book 1523 at Page 370 as Reception No. 637483. 13. Any adverse claim based upon the assertion that (a) some portion of the land forms the bed or bank of a navigable river, or lies below the mean high water mark thereof; (b) the boundary of the land has been affected by a change in the course or water level of a navigable river; (c) the land is subject to water rights, claims or title to water and to any law or governmental regulation pertaining to wetlands; (d) the public's rights to use the waters. Continued on next page Continuation of Schedule B - Section 2 Order Number: 05000959-C3 14. Easement and Right of Way for County Road 312. 15. Resolution No. BOA -2008-01, Series of 2008, recorded June 13, 2008 as Reception No. 750456. DISCLOSURE Order No.; 05000959-C3 To comply with the provisions of C.R.S. 10-11-123, the Company makes the following disclosure: (a) That there is recorded evidence that a mineral estate has been severed, leased or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and (b) That such mineral estate may include the right to enter and use the property without the surface owner's permission. Note: FI1r No. 05000)59•C3 Stcivu rt 'title or Glenwood Springs, Inc. Disclosure ficv.0772001 (YDISCLOSE) Exhibit A Legal Description Orr -Smith Subdivision Exemption A tract of land situated in the SII2SE1/4 of Section 30, Township 6 South, Range 90 West of the 6th, P.M., County of Garfield, State of Colorado, said tract of land being described by metes and bounds as follows: Beginning at the South 1/4 corner of said Section 30, said South 1/4 comer being monumented with a rebar and aluminum cap, PLS No. 19598 being found in place; Thence along the West line of said S1/2SE1/4 N.00°43'40"E. 1330.02 feet to the Northwest corner of said S1/2SE1/4, said point being monumented with a rebar and aluminum cap, PLS No. 9598 being found in place; Thence along the North line of said S1/2SE1/4 S.89°08'24'E. 2661.08 feet to the Northeast corner of said S1/2SE1/4, said point being monumented with a rebar and aluminum cap, PLS No. 19598 being found in place; Thence along the East line of said S1/2SE1/4 S.00°39'38"W. 901.75 feet to the Northeast corner of that tract of land as described in document recorded in Book 368 at Page 481 of the records of the Garfield County Clerk and Recorder's office; Thence along the boundary as described in said document (record bearings have been rotated 00°38'42" clockwise) the following four courses; 1) S.59°05'42"W. 316.90 feet; 2) S.36°15'18"E. 160.80 feet; 3) S.01 °14`42"W. 102.10 feet; 4) N.89°07'42"E. 174.53 feet to a point on the East line of said S1/2SE1/4; Thence along said East line S.00°39'38"W. 30.00 feet to the Southeast corner of said S1/2SE1/4, said point being monumented with a rebar and aluminum cap, PLS No. 19598 being found in place and from whence a witness corner monument being a rebar and aluminum cap, PLS No. 19598 being found in place bears N.00°39'38"E. 28.00 feet; Thence along the south line of said S1/2SE1/4 N.89°16'40"W. 2662.62 feet to the Point of Beginning. Containing 79.51 acres, more or less. Page 1 iie 1' 1 b in 411 i I ;.1 144 I, -I' le W 1411i. . qii i 1 Ne:g-t! % i •i4 & lid i Tial '.',1 1 09 14/1 it. -1C it 6 t.Plt 11P. - 1,A i ,s i.tg 4'1,6 ppiA., top r'..! 11;11 aigg' a a , 4'"hlg !VYY .0,11da i dr A 1 0 • 1 EXHIBIT B Orr -Smith Subdivision Exemption Plat A tract of land being a portion of the S1/2SE//4 of Section 30 Township 6 South, Range 90 West of the 6th P.M. County of Garfield, State of Colorado Excmpcion Lot 3 f5.17 Acme GROSE =MX ...Indent. S.92. P.S.. [38924.E Cep, Mtn PPM It241.1 NLIelese Inemateel Ahern en TS •. t LI. LI. fn.. 1.441. OWN. cIrc r.LE 121.GAI Lam InaLL LE.1.1 MEAUX, LUC Law Lomas LC.Ild 6.1. agla 1.x LOW. IA ASAIVIAA: al. 1.1,1 lira .4.1,v L. ra.. ..... L. It. mese,Pe 0 LL ;6»opser Mr... Wt. LAI I.. .47a,=—,,,,o_le 10.16., 434 3543 ISSION 02 jam 5.F.0_,<KTFItra•rgru• L.. FINV.A/ L. Oa. 1107.7Vr _._151,..L. .. .A.,r... ...1,, ,. ,,,A ATM.., 434 5822 904,67329 4.33 41249 Haralt.. Lia 5.9.99 A6739422 L9 1.7117.. 111.5 La., .1. xas.2.21. L. 40. .1.7,3193-, LA ...77 1141/.427.1.1! MA MUG ISATiAlni . ... OA LLI RIA...11,5, waraz.s. IV. e.za ,....r Leas •71, en.e3 r.....Arc..7, new ourNr v LAA La, A mil .1.1.. pew...vas, L. es. .01.0 a 41,1 al.1.1. neam•-el, L. Le-, ... nez• an' wore UP 133 U4 SPITMV 4E44134244 1423,23444 EVA 8520 1444 .431,29 327 F30_ 51.80 _122 SeP,SP11,1 4831312V 3111.4241-4 [0IPPAI 44i 142 144.48 17191. 0.3.1.1. re3We, 364444742 L. 454 454 11894 .44445 149,44 abifira,.. 444443341 4462194444 444 443 474 ILIS. A 9 WM 21140-0 413442414 92954489. MLA IA.0 aLar at. 94 17. 1000-JM,S1 32434424 SurvCo, Inc. 581*58944 and Conventional Land Soot/gag Serv/oeo =MAI 111.1 OM* Pink OM. Om OM 011111110, WOOL 11111•41MI PIrml,10) 114O-1101111....) 111111-1111411 Sheer 2 0f 2 130.444 4447 44' NM. TINS 948. 25/Ntryilt. dos. Ply N. nal, sing 53..0.031.= Jels Nal .0513294 EXHIBIT C SURVC®, INC. RTK GPS and Conventional Land Surveying Services Easement Description An easement for the purpose of access, utilities and emergency services access, said easement being situated in the S1/2SE1/4 of Section 30, Township 6 South, Range 90 West of the 6th P.M., County of Garfield, State of Colorado, said easement encumbering the following described tract of land to wit: (Bearings as recited in this description are based upon the South line of said S1/2SE1/4 as bearing N.89°16'40"W. as derived from. RTK GPS observation. Monumentation found in the field at both ends of said South line are rebar with aluminum cap, PLS No. 19598.) Beginning at a point on the West line of said S1/2SE1/4 from whence the Northwest corner of said S1/2SE1/4 bears N.00°43'40"E. 341.31 feet, said Northwest corner being a rebar and aluminum cap, PLS No. 19598 found in place; thence along said West line N.00°43'40"E. 15.90 feet; thence departing said West line N.71°21'05"E. 23.11 feet; thence N.85°53'44"E. 90.10 feet; thence S.76°26'18"E. 47.04 feet; thence S.67°07'56"E. 622.68 feet; thence S.61°50'30"E. 268.88 feet to a point on the Westerly line of that tract of land known as Lot 2 of the Orr -Smith subdivision exemption in said County; thence along said Westerly line S.21°51.'48"W. 30.18 feet; thence departing said Westerly line N.61°50'30"W. 270.81 feet; thence N.67°07'56"W. 618.85 feet; thence N.76°26'18"W. 39.94 feet; thence S.85°53'44"W. 81.61 feet; thence S.71°21'05"W. 6.73 feet to a point on the Northerly Right of Way of Garfield County Road No. 312; thence along said Northerly Right of Way N.68°33'42"W. 23.29 feet to the Point of Beginning. Said easement encumbering an area of 0.717 acres as described herein. PH: (970] 945-55945 826-1/2 GRAND AVENUE, SUITE NO. 26 POET OFFICE Box 2782 GLENWOOD SPRINGS, CO. 8 1602-2702 EMAIL: SURVCO@EARTHLIN K. NET FAX: (970) 945-5946 INDIVIDUAL ACKNOWLEDGMENT s; 'as . ._ .o4,_ • os.: _ • State of V'S\j5v\1kt\'\c' County of R-CUL:',CUULA...- ``�`.�Q � T�'S%•,,'0 JODY SMITH f NOTARY PUBLIC - MONTANA * NOTARIAL*~ t STEAL I Ra&dlrig at Daft, Montana Map tont &Ores Oct 1,;, _\ r SS . On this the day of 0 ,o t , Year Day before me, N.1 Month Name of Notary Public the undersigned Notary Public, personally appeared LeazAAO c ONn Name(s) of Signer(e) ❑ personally known to me improved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged that he/she/they executed it. WITNESS my hand and official seal. ""N-WL.c OPTIONAL Signature of Notary Pubic Although the information in this section is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Or( i:.. ► bAt t�t_ CIAHkctA- RIGHT THUMBPRINT OF SIGNER #1 Top of thumb here RIGHT THU OF SIGN PRINT #d2 Top of thumb here To: Sam Phelps — SurvCo, Inc. From: Scott Aibner — Garfield County Surveyor Subject: Plat Review - Orr -Smith Exemption Plat Date: 08/12/2010 Garfield County SURVEYOR SCOTT AIBNER, P.L.S Dear Sam, Upon review of the Orr -Smith Exemption Plat, I have no comments or corrections to be made prior to approval for survey content and form as Follows: Once all final comments from Building and planning have been completed, the Mylar may be prepared for recording. The Mylar shall be delivered to the Building and Planning office with all private party signatures no later than Monday the week prior to the next commissioner meeting day in order to make that meeting. Sincerely, Scott Aibner Garfield County Surveyor cc Molly Orkild-Larson - Planning Department 109 8 th Street ,Suite 201 • Glenwood Springs, C081601 • (970)945-1377 • Fax. (970)384-3460 • e-mail: saibner@gadield-countyeom ""'RESOURCE NIUE ■U•■M E N G I N E E R I N G INC, John Taufer John L. Taufer and Associates PO Box 2271 Glenwood Springs CO 81602 July 26, 2010 RE: Orr/Smith Exemption — Opinion of Probable Cost for Shared Well Improvements Dear John: This letter presents an opinion of probable cost for the developer improvements for the shared well (Lot 4 Well) identified in the Well Sharing Agreement. The improvements include setting a transformer and meter, installing electrical panel, controls, and electric service to the well and installing the pump, drop pipe, pitless adapter and a valved pipeline stub, and revegetation of disturbed areas. Resource Engineering, Inc.'s opinion of probable cost is $14,080 as shown on the attached Table 1. Note that Holy Cross Energy does not charge to set a transformer and meter. Please call if you have any questions or need additional information. Sincerely, RESOURCE ENGINEERING, INC. r Michae E '•n, P. Water Res•urces Engineer MJEfmmm 1095-1.0 Consulting Engineers and Hydrologists 909 Colorado Avenue • Glenwood Springs, 00131601 • [970) 945-6777 • Fax [970)945-1137 TABLE 1 ORR/SMITH EXEMPTION SHARED WELL OPINION OF PROBABLE COST QUANTITY UNIT UNIT PRICE AMOUINT ITEM EXHIBIT B 1. Set transformer and meter (Holy Cross Energy) 1 LS NIC $0 2. Install electric service line to well, panne!, controls, etc 1 LS $10,100 $10,100 3. Install 70 feet drop pipe, 3/4 HP pump, pitless adapter, 1 LS $1,700 $1,700 well seal cap, and pipe stub with valve 4. Revegetation 1 LS $1,000 $1,000 SUB -TOTAL $12,800 10% Contingency $1,280 TOTAL / / $14,080 1095-1.0 RESOURCE ENGINEERING,INC. JULY 26, 2010 JOHN L. TAUFER & ASSOCIATES, INC, Landscape Architecture / Lend Planning June 20, 2010 Steve Anthony, Manager Garfield County Vegetation Management PO. Box 1112 Rifle, Colorado 81650 Re: Weed Management Plan - Orr/Smith Subdivision Exemption 6640 County Road 312, New Castle, Colorado Dear Steve, Lacy Orr and Gil Smith are proposing to subdivide a 78 acre parcel of property into 5 single family residential lots, The subdivision is known as the Orr/Smith Subdivision Exemption. Fred Jarmen, Director of the Garfield County Building and Planning Department has made a decision to approve the Exemption based on satisfying a number of conditions. One of the conditions is to provide an inventory of Noxious Weeds and provide a Weed Management Plan for the property The report prepared herewith will address the weed inventory and weed management of the proposed subdivision exemption Proposed Development The specific land use associated with the proposed development will consist subdividing the property into 5 single family residential lots. Vegetation Inventory On June 8, 2010, I performed an on-site visit to inventory the vegetative characteristics of the property and to identify any potential weeds that are listed on the Garfield County Noxious Weed List. During my site visits, 1 observed two (2) distinct vegetative areas. The area to the south of County Road 312 (Lot5) is heavily vegetated with gambel oak, serviceberry, juniper and native grasses. The area to the north of County Road 312 ( Lots 1 thru 4) consists of a large area of irrigated alfalfa, pasture grasses. The parameter of the pasture consists of gambel oak, serviceberry, native grasses and a few cottonwoods along the banks of Garfield Creek. Approximately 50 acres of the area is irrigated land. 1 909 Colorado Avenue • Box 2271 • Glenwood Springs, C0 81809 (970) 945-1337 • FAX (970) 945-7914 During my visit, I identified pockets of Hoary Cress ( Whitetop) and Houndstongue, The Houndstongue was limited to a few plants north of County Road 312 while the Hoary Cress was more widespread but only occurred in the pasture areas north of County Road 312 ( Lots 1 thru 4). No noxious weeds were found in the heavily vegetated areas south of County Road 312 ( Lot 5 ). The approximate locations of Hoary Cress and Houndstongue are depicted on the attached Noxious Weed Map. Weed Management On June 15, 2010, I met with Kurt Grimm, Native Habitat, on the property to discuss the possibility of applying herbicides to control the noxious weeds. We determined that since the fields were ready for haying, the spraying in the large fields would eradicate not only the weeds but the alfalfa as well. We also determined that Kurt could spray areas outside and on the edges of the larger fields and at least control some of the noxious weeds. The spraying was performed on June 17, 2010. Additional spraying will be required in the early spring of 2011. Individual lot owners will be responsible for additional treatment of the Hoary Cress and Houndstongue or any other noxious weeds that are present on the property. They will be responsible for providing ongoing weed management services for their property. The individual lot owners will be encouraged to participate in the weed eradication program established by Garfield County. Revegetation of Disturbed Areas Site disturbance will be limited to private driveways and areas around individual residences. Other than the existing shared driveway for Lots 1 and 2 there are no other common access drives. Access for Lots 3, 4 and 5 will be from County Road 312. fAreas disturbed by construction activity will be revegetated with grasses ( both native grasses and turfgrass) that are cotnpatible with the vegetation that currently is present on the site. Disturbance on Lot 5, outside of developed turfgrass areas, will be seeded with the following seed mix and at the rate specified: SEEDING SCHEDULE Description Lbs/PLS/Acre* Intermediate Wheatgrass ` Oahe Western Wheatgrass ` Arriba' Slender Wheatgrass ` San Luis' Indian Ricegrass ` Nez Par' Sheeps Fescue `Covar' Blue Gramma ` Hachita' 2 4.0 3.0 3.0 3.0 1.5 1.5 Sand Dropseed 0.1 Blue Flax ` Appal. ` 0.75 Total 16.85 Lbs./PLS/Acre a Lbs./Pure Live Seed/Acre Disturbance along private drives and around the residences on Lots 2,3 and 4 will be seeded with both pasture grassses and turfgrasses. Seed will be sowed by means of hydraulic seeding equipment or by seed drilling using a brillion or approved seed drilling implement. Once the seed has been sowed, the seeded areas shall be fertilized with a fertilizer containing an analysis of 18/46/0 at a rate of 200 lbs./acre. After seed and fertilizer has been installed, all seeded areas shall receive either a mulch treatment of fiber or straw mulch. Topsoil Stockpile Topsoil will be stockpiled during construction of driveways and residential structures for re -use during landscape work. Upon completion of improvements, topsoil will be spread on disturbed areas prior to re -seeding and landscape work. If you have questions or need additional information, please do not hesitate to contact my office. Sincerely, John L. Taufer, Landscape Architect 3 N W Comet 519J51IF4 5ree0m 10 Iq.nd Reber V/Plan Cop. PLS No. 19596 7b16T 1+r Brfllnnin♦( f ernlllhm L r We[1 Orr -Smith Subdivision E A tract of land being a po S1/2SE1/4 of Sect Township 6 South, Range 90 W4 County of Garfield, State f144.47 lTll�rl f%1 Exemption Lot 1 15.09 Acres 1437 tOR9err srees per LAS 41-1-2I4 re. seq. Poln[ nLRer•.1571n31 fa. ExemprIzn Lor 2 PetPelhit WIZ NO 80601 0011 Cosenent BBtLk ._J 9401[100 18L [0(-979161 Vte.ess Con re L5 Saudi LA Comer 9,9007 11 10.0d Reber 17.137. Co.. P1.1 9w 195.71 1.05,60619zin Mlkg Exemp43wa1995 244741 1111 20' Accns. Erol0e .cy SetvICe1 and 1/10110 CaprhMr fon 197 2 Exemption 1 11.39 Acres 1169 ter,ble or a 1 IlI 47-1-214 A. s. nos 0oix •04 to use 00 0 201,04, • 122 620 an 977517100 101 11001200100 V0V. y / \ R/ CL Jhdldinp em'cGgc ,.�`s[ 96 .trlts 1.21 �� ..-"'''''.--.7:-.44".."17 ,7,7 l' N. / 20'rlecirk LM I ern% ` � -r"A 18 W cre.te2 #' 1,1 opt=� 11/ `--..-. �``��♦ 41916K661) ��-,r.. \ �= �ti `\ Oser9eed Pare, Liers> + \ '15 rtYPksf9 QU\\\ ��1 Lii \ \ 1 ! \\\\4 id a (` ee . riie.o of Lend 1eno6ee+n1 ..e-CrniM 3lvonieN 4cc4eJ 16096- rR[ervnl Exemption Lot 5 21.60 Acres "619 t,satte •rcn Per C05 43-1-214 rt. asp 08976.46'0 2028.}3' 11 GRAPHIC SCALE (y128T) 11x51 :CO It. e Indntes 104 09. 5 Reber' V/Prsstic Cep, P15 NO 21615 etyp2e11 All nenY n4 i0oteet 24,290 are shorn 04 bl 592199 fret Rabe! %%Plae. Cep -J PLS 21617 •r1 Lorin Lir Let 7 595.05' Basis sis of 13 LIIC 2140046 11157010 1101 1111410 110 RIG 06 v f1 02' L ^ L 00F10T 65862 6.61 tg1.111Mu'a1' 9E00 611rTEp40111 1.1 9004740'0 1590 -[15 6 - 1498'5 06.1 6197'2776'61 943 Lal 7410 66.13 Li 61121910 2151 LIS 7 ,IQ- 149.44 908'25'3314 MSt'34'V L3 685.51140 9.316 190 49066 L44 71.87 94 7 18 4764 L12 36.29 1682.O01'id L .74 069 4'12'V 46 69.00 13_jp097. 62160 1.17 501 xei'1200 V 93 147.39 041'1771'61 141 946 L6 17 561".4' 4'.- 269118 5612 120 023 17.4 lif111s'fi NAI' 134 11562 950'55'4910 L48 136. lf-YRTf�i�)�wiz,' ® II! N111 1 5V4y051 {4p L60 272$ 412.19 ie 99 0402 -'•50 V 067.895616 27181 61095 122 023 721 11.19 912. 51E 51519'70'0 087481114' 005. .SSN 6 - 67 L -: 43374'05%N 026' ' 41 - 151 L ; 34.38 110 876166-18 -2 39.41 1.1.1 5&513'44.4 21.78 675 Z2 �] Bl :. 121 984.00. 7161 507.52'12'1 !t� 106,09 751' 4.49'V 950'40'11'61 1511 154 3631 38.7¢ _{2.24.5 1.73 9.1r 668'p--YJ4V 20.71 �9?9 ..Bp ui 5:1.40.166 50.42421 141 4 14606 )♦ 050'4510'0 9. •se'10' Lys 136 ] x&66 5407 4,10 0422.57649 44.47 622 Fv. ,kill -Larson From: Chris Hale [chris@mountaincross-eng.com] Sent: Wednesday, June 16, 2010 9:59 AM To: 'Michael Erion' Cc: Molly Orkild-Larson Subject: RE: Orr Smith Water Well Declaration Attachments: Orr Smith Well Water Declaration 2.doc Michael: read section 4 of the attached well agreement. This would satisfy my concerns expressed in items #2 and #3 in my letter dated May 6, 2010. Thanks. Feel free to call with any questions. Sincerely, Mountain Cross Engineering, Inc. Chris Hale, P.E. 826 1/2 Grand Avenue Glenwood Springs, CO 81601 Ph: 970.945.5544 Fx: 970.945.5558 From: Michael Erion [mailto:Merion@resource-eng.com] Sent: Friday, June 11, 2010 2:45 PM To: chris@mountaincross-eng.com Subject: FW: Orr Smith Water Well Declaration Chris : Attached is the revised document submitted to the County a few weeks back which includes the design parameters for the shared well system. Regards, Michael Michael J. Erion, P.E. Water Resources Engineer (970) 945-6777 Voice (970) 945-1137 Facsimile www.resaurce-ene.com The information contained in this e-mail is PRIVILEGED AND CONFIDENTIAL information intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, or the employee or agent responsible to deliver it to the intended recipient, you are hereby notified that dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us by telephone and delete the original message from your system. Thank You. From: John L. Taufer [mailto:jlt@sopris.net] Sent: Friday, June 11, 2010 2:13 PM To: Michael Erion Subject: Orr Smith Water Well Declaration Mike, As requested. Refer to provision #4. Please forward to Chris Hale. Thanks, 1 June 10, 2010 Attention: Mr. John Taufer John L. Taufer & Associates, Inc. P.O. Box 2271 Glenwood Springs, CO 81602 BUILDING & PLANNING DEPARTMENT RE; MEAE-03-113-6356 — Major (4 lot) Exemption Dear Mr. Taufer: The ten (10) calendar days in which the Applicant, adjacent property owners, or Board of County Commissioners (BOCC) can request reconsideration of the Director's decision for MEAE 6356 ended June 7, 2010. No requests for reconsideration were filed with Garfield County within this given time period and therefore the Director's decision is approved. The conditions of approval identified in the Director's decision will need to be completed within 90 days as per Section 4-103 (G)(8)(a)(3). The 90 day period begins June 8, 2010. if these conditions cannot be met within this given time then a request of an additional 90 days must be requested prior to the expiration of the initial 90 day period. Please feel free to call me with any questions you may have regarding any comments or questions. Sincerely, '14. v L&/ (t c& €t ! !,V44-7/ Molly Orkild-Larson, AICP, RLA Senior Planner 970.625.5903 cc: Lacy Orr and Gil Smith 0375 County Road 352, Building #2060 • Rifle, CO 81650 108 Eighth Street, Suite 401 • Glenwood Springs, CO 81601 (970) 625-5900 • Fax: (970) 625-5939 (970) 945-8212 • Fax: (970) 384-3470 May 6, 2010 Ms. Molly Orkild-Larson Garfield County Building & Planning 0375 County Road 352 Rifle, CO 81 650 MOUNTAIN CROSS ENGINEERING, INC. CIVIL AND ENVIRONMENTAL CONSULTING AND DESIGN RE: Review of Major Subdivision Exemption: Orr/Smith Exemption Dear Molly: This office has performed a review of the documents provided for the Orr/Smith Major Subdivision Exemption. The submittal was found to be thorough and well organized. The following questions, concerns, or comments were generated: 1. Lot 5 has no irrigation water and the well does not appear to allow for outside irrigation. No lawn, outside landscaping, or ornamental vegetation will be possible for Lot 5. This does not semi practical. The applicant should consider some provisions for providing outside water to Lot 5, 2. To share the well between Lots 3, 4, and 5 some system of telemetry, disinfection, pumping, .storage and pressure boosting will be necessary. No design or design parameters were included with the submittal. This system should be designed and engineered. 3. Along with Note #2 above, some considerations or clarifications of that engineered system may need to be included in the "Water Well Use and Maintenance" agreement. 4. Well No. 2 proposes to be disinfected before that well can be used as a potable well. That language should be revised to include a passing bacteriological analysis, also. 5. No design is included for the fire storage tank. The design and construction will also need to be reviewed by the local Fire Department that required the storage. 6. Along with Note #5 above, there is no agreement for the continued use and maintenance of the fire storage system. Consideration should also be given to the source of water to fill the tank, making certain that the water rights of the source allow for this use. Feel free to call if any of the above needs clarification or if you have any questions or comments. n {- 2 r p S t cod \ `ef Sincerely, Mouryt in Cross Engi eering, Inc. Chris Hale, PE 04! L e S l-�9 rV %► . ; ���� t..t ..(i .id 1 ,,o i 11.1 4� $bud -tut -4- ir1,t , sir 3, 4/ C 4,0 eV6L,,4j 826 1/2 Grand Avenue • Glenwood Springs, CO 81601 PH: 970.945.5544 • FAX: 970.945.55 58 • www.mountaincrass-eng.com REFERRAL FORM Garfield County Building and Planning Department 108th 8th Street, Suite 401, Glenwood Springs, CO 810601 (970) 945-8212/Fax: (970) 384-3470 Date Sent: April 21, 2010 Return Requested: File NumberlName(s) Project Name(s) Type of Application(s) SUAA-6206 Orr/Smith Exemption Major (4 -lot) Exemption Staff Planner: Molly Orkild-Larson morkild-Larson@garfield-county.com Phone: 970-625-5903 Applicant: Lacy Orr and Gil Smith Phone: (406) 531-6777 Contact Person: John Taufer, John Taufer and Associates Phone: (970) 945-1337 Location: 6640 County Road 312 Summary of Request: The creation of 5 residential lots; the fifth lot created through a road split Ditch Company The Garfield County PIanning Department bas received a land use request as referenced above. Your comments are an important part of the evaluation process. In order to review all appropriate agency comments and incorporate them into the Staff Report, we request your response by Friday, May 7, 2010. GARFIELD COUNTY Office or Division OTHER Number or Detail Road & Bridge X Engineering - Chris Hale X (CD) Attorney X County Surveyor LCD) Housing Ditch Company Sheriff's Dept. Board of County Commissioners Vegetation Manager X Environmental Health X Oil and Gas Public X (CD) COLORADO STATE LOCAL/FED GOVT ENTITIES Water Resnurees / State E.npincer (CD) Town -- New Castle X (CO1 Geological Survey (Fee) {CD) County — Eagle/Mesa/RioBlanco/Pitkin Department of Transportation 1� Bureau of Land Management Water Conservancy Board US Forest Service Mined Land Reclamation Board U.S. Army Corps of Engineers Health Department Forest Service (Fee) (CD) Wildlife Division (GJ Office) DISTRICTS/SERVICES IIS West Public Service Holy Cross Electric AT&T School District— RE -2 x Fire District — Burning Mountain FPD X Soil Conservation District Water/Sanitation RFTA April 16, 2010 Attention: Mr. John Taufer John L. Taufer & Associates, Inc. P.O. Box 2271 Glenwood Springs, CO 81602 Garfield County BUILDING & PLANNING DEPARTMENT RE: MEAE-03-10-6356 -- Major (4 lot) Exemption Dear Mr. Taufer: This office is in receipt of your revised application for a Major (4 lot) Exemption with a fifth lot approved through a Road Split in the Rural Zone District. The Administrative Permit requested is for a property owned by Lacy Orr and Gil Smith and described by tax ID 2183-304-00-008. This application has been determined to be technically complete. Pursuant to the Garfield County Unified Land Use Resolution of 2008, as amended the process is an Administrative Review which requires the applicant to notify adjacent property owners of the subject parcel. The applicant shall mail a written notice by certified mail, return receipt requested, to the owners of record of all property adjacent to the property within a 200' radius. The notice shall include a vicinity map, the property's legal description, a short narrative describing the current zoning and proposed land use change, the contact information, and the date that the Director has to make a decision. The application will be reviewed by staff, copies sent to referral agencies for comment, and a staff report will be generated and sent to you. The Planning Director will review the report and make a decision on your request as an Administrative Application for a Major (4 lot) Exemption. The Date of Decision by the Director is Friday, May 28, 2010. have enclosed a suggested public notice which I will also email to you in MS Word format so you can add necessary information such a narrative, vicinity map, etc. of the subject site which is to be sent to adjacent property owners by certified mail, return receipt requested. Please provide proof of mailing including the return cards that notice was received to the case planner before the Director's decision date. The adjacent property owners are permitted to comment prior to the Director rendering a decision. Once a decision is rendered this department sends out a notice of the decision and a 'call-up' period of 14 -days commences. If there are no issues within that period this department will issue the Administrative Permit for a Major (4 lot) Exemption described by tax ID 2183-304-00-008 in Garfield County, CO. 1 108 Eighth Street, Suite 401 • Glenwood Springs, CO 81601 (970) 945-8212 ' (970) 285-7972 • Fax: (970) 384-3470 The public notice documents for the Administrative Review are provided as a courtesy. The Applicant must verify that all information provided in these documents is correct. As always, it is the obligation of the Applicant to correct any deficiencies such that proper notice in form and substance can be established. Please submit 10 copies of the completed application (with all corrections and updates) to this office as soon as possible but no later than Wednesday, April 21, 2010. If the copies have not been submitted by this date, your Decision date by the Director may be changed to accommodate adequate time for review by staff and referral agencies. Also, please provide one CD of the application. Please feel free to call me with any questions you may have regarding any comments or questions. Sincerely, Molly ©rki l -Larson, AICP, RLA Senior Planner 970.625.5903 Attachment: Public Notice 2 PUBLIC NOTICE TAKE NOTICE that Lacy Orr and Gil Smith have applied to the Building and Planning Director, Garfield County, State of Colorado, to request an Administrative Permit for a Major (4 lot) Exemption with a fifth lot created through a Road Split on a property identified as Assessor parcel Number 2183-304-00-008 situated in the County of Garfield, State of Colorado, to -wit: Legal Description: Practical Description: Zoning: Acreage: Proposed Land Use Change: Request for a Major (4 lot) Exemption Assigned Planner: Molly Orkild-Larson, (970) 625-5903 Date of Decision by Director: May 28, 2010 S% SEY4, Section 30, T6S, R9OW 6640 County Road 312, New Castle, Colorado, 81647 Rural 78.433 acres All persons affected by the proposed Administrative Permit for a Major (4 lot) Exemption with a fifth lot created through a Road Split are invited to comment regarding the application. You may state your views by letter or you may call the assigned planner on the application. The Director will give consideration to the comments of surrounding property owners, and others affected, in deciding whether to grant or deny the request. The application may be reviewed at the offices of the Planning Department located at 108 8th Street, Suite 401, Garfield County Plaza Building, Glenwood Springs, Colorado between the hours of 8:30 a.m. and 5:00 p.m., Monday through Friday or at 0375 County Road 352, Building 2060, Rifle, Colorado between 8:00 am and 5:00 p.m., Monday through Friday. The Director will make a decision on this application on Thursday, May 28, 2010. Any comments to be considered must be received prior to that date. Planning Department Garfield County JOHN L. TAUFER & ASSOCIATES, INC. Landscape Architecture / Land Planning April 10, 2010 Molly Orkild-Larson, Senior Planner Garfield County Building & Planning Department 0375 County Road 352 Rifle, Colorado 81650 Re: Orr/Smith Exemption — Article VI1, Standards - Supplemental Information Dear Molly, The following information demonstrates that the Orr/Smith Subdivision Exemption is in compliance with the standards, as detailed in Article VII, Standards, Division 1 and Division 2 of the Garfield County Unified Land Use Resolution, 2009. DIVISION 1 Section 7-101 Compliance with Zone District Use Restrictions Response: Lot sizes are in excess of the minimum 2 acres; single family residential use is permitted; residential structures will conform to front, side and rear yard setbacks as well as building heights. Section 7-102 Compliance with Comprehensive Plan and Intergovernmental Agreements Response: The subject property is situated in the Outlying Residential District. Minimum lot size in this district is 2 acres/dwelling unit. Lot sizes are in excess of the minimum lot size. Agricultural operations will continue on this property. Single family residential dwelling units will have a minimum impact on each lot and will not interfere with the historic use of this property. There are no Intergovernmental Agreements associated with this property. Section 7-103 Compatibility Response: The proposed single family residential use is compatible with surrounding land uses which are comprised of single family residential uses and 909 Colorado Avenue • Box 22711 • Glenwood Springs, C0 81802 (970) 945-1337 • FAX (970) 945-7914 public lands. The Orr/Smith lots are much larger than some of the adjacent lot sizes. Section 7-104 Sufficient Legal and Physical Source of Water Response: Demonstration of sufficient legal and physical water supply is provided in the application under the heading of Potable Water. Section 7-105 Adequate Water Supply Response: Demonstration of adequate water supply is provided in the application under the heading of Potable Water. Section 7-106 Adequate Central Water Distribution and Wastewater System Response: No central water distribution system or central wastewater system is proposed. Water distribution systems will be by individual wells. The proposed method of sewage disposal is ISDS. ISDS are allowed, by Garfield County standards on lots over 2 acres. As noted on the plat, all ISDS systems will be designed by an engineer licensed to practice in the State of Colorado. Section 7-107 Adequate Public Utilities Response: All required public utilities are located adjacent to County Road 312 and are accessible to each lot. Section 7-108 Access and Roadways Response: Each lot contains frontage along County Road 312 and has adequate access. Driveway permits, issued by the Garfield County Road and Bridge Department are located in the Appendix of the application. Section 7-109 No Significant Risk from Natural Hazards Response: There are no natural hazard areas on or adjacent to the property. DIVISION 2 Section 7-201 Protection of Agricultural Lands 2 Response: The agricultural integrity of the property will be preserved. Lots 1,2,3 and 4 are located where agricultural operations have historically occurred. Irrigation water will continue to irrigate agricultural lands. Lot 5 is located across County Road 312 and is separated from the historic agricultural lands. Lot 5 does not have access to irrigation water. Because of the large lot sizes, residential dwelling unit footprints and associated accessways will have little impact on the agricultural integrity of the property. It shall be the responsibility of each lot owner to control domestic animals, maintain fences, interior roads, fences and the existing irrigation ditches on their lots. Section 7-202 Protection of Wildlife Habitat Area Response: Lots 1, 2, 3 and 4 are situated in the area of the property where vegetation was removed for agricultural operations. Lot 5 is located in a heaviy vegetated area with the primary vegetative species consisting of serviceberry, gambel oak, juniper and native grasses. The building envelope for Lot 5 is located in an area that was cleared of vegetation for installation of a power line. As a result of the previous clearing, additional vegetation removal will be minimal. Because of the existing conditions of the property, little if any vegetation will be removed thus preserving vegetative habitat for wildlife. It shall be the responsibility of each lot owner to control domestic animals against interference with wildlife. Section 7-203 Protection of Wetlands and Waterbodies Response: Garfield Creek runs through the northern portion of Lots 2,3 and 4. The minimum inner buffer setback from Garfield Creek shall be 35 feet. The existing Plat Note states a 30 foot setback from the high water mark but will be changed to reflect the 35 foot minimum setback. The existing structures on Lot 2 are situated approximately 150 feet from Garfield Creek. Of all the existing structures on the property, these are the closest to Garfield Creek. Given the site topography, I would anticipate that proposed structures would not be placed within 100 feet of Garfield Creek. Section 7-204 Protection of Water Quality from Pollutants Response: Not Applicable. Agricultural activities are a use by right in the Rural Zone District. As previously stated, I do not anticipate proposed structures or material storage areas to be situated within 100 feet of Garfield Creek. 3 Section 7-205 Erosion and Sedimentation Response: Site disturbance will be limited to excavation for building foundations and driveways to the residential units. If site disturbance is in excess of the 1 acre threshold, the owner of contractor shall apply for a NPDES permit. Section 7-206 Drainage Response: The historic drainage pattern of the property will not be altered or compromised with the development of single family residential dwelling units. The natural site topography runs in a south to north direction toward Garfield Creek. Lot lines run perpendicular to the natural topography thus allowing site drainage to continue toward Garfield Creek. Homeowners shall construct small drainage ditches uphill from buildings to direct flows around and away from the structures. Per Garfield County regulations, building foundations shall be engineered by a licensed engineer registered to practice in the State of Colorado. It is customary practice for engineers to provide design recommendations regarding foundation drains and drainage away from foundations. Section 7-207 Stormwater Run -Off Response: Stormwater run-off will continue to sheet flow across stable, vegetated areas prior to discharge into Garfield Creek. The vegetative characteristics of the property consists of the following: Lot 5 is heavily vegetated with woody plants consisting of serviceberry, gambel oak and native grasses while the vegetative characteristics of Lots 1 thru 4 consist of stable irrigated pasture grasses. The existing vegetation is of great benefit in treating stormwater before it reaches Garfield Creek. There is sufficient distance between the proposed residential development on each lot and Garfield Creek to ensure the filtering of pollutants prior to discharge into Garfield Creek. The amount of impervious surface, associated with single family residential development compared to the overall size of acreage per lot will be insignificant. Garfield Creek crosses Lots 2 thru 4 on the northern boundary of the property. Section 7-208 Air Quality Response: Residential uses will not have little if any effect on air quality. Section 7-209 Areas Subject to Wildfire Hazards 4 Response: An updated fire protection response by applicationOrrin Moon, Assistant Fire Marshall, Burning Mountains Fire District, is included in the application. Section 7-210 Areas Subject to Natural Hazards and Geologic Hazards Response: There as no natural or geologic hazards on or adjacent to the property nor is the property located in any blue or red zone hazard areas. There is no evidence of landslide, alluvial fan, rockfall or avalanche activity on any portion of the property. Section 7-211 Areas with Archeological, Paleontological or Historical Importance Response: Metcalf Archeological performed a Class III Cultural Resource Inventory on approximately 5 acres of the property in 2006. The study was associated with the individual well on Lot 1 that was encroaching on BLM property. The study concluded that there were no cultural material was encountered during study. Other cultural resource inventories have been conducted within Section 30 but outside this property. No cultural resources were found with the additional studies. Based on the past inventories, I would conclude that there are no cultural resources associated with the remainder of the property. Section 7-212 Reclamation Response: There will be very little site disturbance associated with the development of single family residential uses on the property. Disturbance will be limited to construction around the dwelling units and driveways. In order to mitigate the site disturbance around single family units, homeowners will be encouraged to revegetate those disturbed areas with sod forming grasses, trees and shrubs. This is usually standard practice for new homeowners. The topography on Lots ,2,4 and 4 is gently sloping. Because the topography is relatively flat, cut and fill slopes will be minimal. In addition, driveways grading will result in little site disturbance. The topography on Lot 5 is steeper. All building activity will confined to the building envelop that is represented on the Plat. The building envelop represents an area that was cleared of vegetation for use as a staging area for construction of an electric line that extends through Lot 5. The driveway to the building envelope follows an existing road that provided access to the staging area. As a result of the previous disturbance, additional site disturbance of Lot 5 will be reduced. 5 All cut and fill slopes, disturbance adjacent to driveways will be revegetated with sod forming grasses. Construction debris will be removed form the site upon completion of construction. Please review the aforementioned response to Article 7, Divisions 1 and 2 at your earlies convenience. If you have questions or need additional information, please do not hesitate to contact my office. Sincerely, ,I2 (.. . --c_2 John L. Taufer, Owners Representative 6 VIEW OF LOTS 1 THRU 4 AREA VIEW OF LOT 5 AREA March 31, 2010 Attention: Mr. John Tauffer John L. Taufer & Associates, Inc. P.O. Box 2271 Glenwood Springs, CO 81602 Garfield County BUILDING & PLANNING DEPARTMENT RE: MEAE-03-10-6356 — Major (4 lot) Exemption Dear Mr. Taufer: This office is in receipt of an Application (received March 19, 2010) for a Major (4 lot) Exemption in the Rural Zone District. The Administrative Permit requested is for a property owned by Lacy Orr and Gil Smith. The subject parcel is described by tax ID 2183-304-00-008. The application this office received has been deemed technically incomplete. The following Application Submittal Requirements were not provided in the application. 1. Provide narrative addressing items under Divisions 1 and 2 of Article VII in the Unified Land Use Resolution of 2008, as amended that isn't already covered in the project narrative provided. This office will not continue to process this application until the aforementioned deficiencies have been addressed. Please not that if the applicant fails to correct the deficiencies within 60 calendar days, the application shall be considered withdrawn and returned to the applicant. Please call if you have any questions. Sincerely, ceGadi- (mem Molly Orkiltl-Larson, AICP, RLA Senior Planner 970.625.5903 cc: File 108 Eighth Street, Suite 401 • Glenwood Springs, CO 81601 (970) 945-8212 • (970) 285-7972 • Fax: (970) 384-3470 liAUG -19-2010 11:17 FROM:GARCO,ACCT 970384500111 • ,241i4" S ` { =1 Oaii4 TO:96255939 P:1/1 . HOLY ('.BOSS ELECTRIC AStOCIATtON, INC R1C 1T-Of'-}VAY fASE:hTEN 4,4, i1 ME�i' BY THESE PFWSI TS, That the rjrrders 1 ned, Rai :end C}oSs Your 1 ..,,,i4:41`'d and valuable consideration, 'Mae receipt wlW,reof is: hereby • au., 4- .gratrt. unto ti1WLY.,CRC1SS rLrt ?1t� ASSOCIAiIO�t, INC.,• a cooPar~af-i4 Lri:, i... f Inst office addr-esrs Is i3ierlwooe; Aprfngs',. Ccinrada, ail to itr si:tGO•>+ 1, S'; the. right :to enter upcw lands of the undersigned, situate in ...14*. '''''..,..,1::,,,,.;' ';', ..4340,.- •:State of Co Foredo, described as fol I.cwr.: A tract of . land stt[ia , : t.hTp 6 .touth, -Range 90 West .rf tt' kith P.M. as rr- re fut I y dt3cr1# ii I : '..PIT, 20 of the Garfield Cour1y C-tirt i•lruSe, CI,,nwood.Springs., Color4dtt, ili, , � # ,_- reaonstf ct, enlarge, opera? , mairta In and remove.. and ©icket'r`1E 's'a - l,'1� 4buti.on:Fine or syStrsm, w,ithIn the 3'ove rilent•loned (ands, upnrt:a. la y44,;.:.A:tweri-y foot wide strip of land the centerline for whid)•_ba tai$' tt:0 14G A power pole' thence N 5 degrees AO'. W a distance of 39h.:fi ...ii.aiso granted -to place anchors with guys outside of said eel• E1?*, the undersigned hereby grants to said Association, and -to i. ':? t15; the right to clear a 1 f frees and brush, by machine work. Or; otf i:;ttot strip,,.•being 10 feet on either side of said.I1-ne as .hereiT '§ri.d the further right, to cut trots, even though outside 'of i. f. Setif '11..:..111-0tat I enough to sari strike the. wire in fe l I Ing. 41jedaagrees.that a I i poles, wire and other faci1Itles •i-nstaI•1 d_ % the. above described lands,'1011 remain the- property of tha AVable at the opt fnn of the. Cc:oporatiyre. e.s: tI Covenant that they are tt owner . o' -the above describe ;4i4. rands are..frec and cle. , -::-..t e-:t.,un--ibrence•:z and 4 lens of •w -1.those hetd.by the foIlow [no: F-,• the undersigned have set their ttartd and -:ea1this [py - Cf l ftr y'r?r ..! i , 1975. (SEAM). 1, ) • ) ns n.g. Instrument was eCknowledg.vi toforn thl a day xr--_r-- . w„ '7 / At0.30I.res 5 ,f;` ,E(y 0 and offlc1al sea I. , • Notary Pirl 1c. :T; •.11.11..'RESC]URCE ..... ■■MEM E N G I N E E R I N G INC. Mr. John L. Taufer John L. Taufer and Associates, Inc. PO Box 2271 Glenwood Springs CO 81602 RE: Orr/Smith Exemption Updated Water Resources Report Dear John: March 16, 2010 This letter report presents the updated water resources plan for the proposed Orr/Smith Exemption located at 6640 County Road 312 (Garfield Creek Road) approximately 6 miles south of New Castle. The Orr/Smith Exemption proposes to create four new Tots on the 78 acre property. The in house water demands will be supplied by individual and/or shared wells. Outside irrigation will be supplied by continued use of irrigation water rights on the property. Sewage disposal will be through ISDS systems. SUMMARY The water supply for each lot is summarized below. Lot 1 - Existing house will be served by an existing well with Permit No. 80600, which includes lawn irrigation. Irrigation rights from Garfield Creek will be provided for additional irrigated area. Lot 2 - Individual well (existing well Permit No. 152526) or replacement well (Test Well Permit No. 266920) will supply in-house water. Irrigation rights from Garfield Creek will be provided for irrigated area. Lot 3 -- Shared Lot 4 well (Permit No. 271770) will supply in-house water. Irrigation rights from Garfield Creek will be provided for irrigated area. Lot 4 — Shared well (Permit No. 271770) will supply in-house water. Irrigation rights from Garfield Creek will be provided for irrigated area. Lot 5 — Shared Lot 4 well (Permit No. 271770) will supply in-house water. Based on the pumping tests and water quality analyses, we believe a dependable water supply with adequate quantity and quality to serve a single family residence on each lot is available from existing and new wells constructed on Lots 1 through 4. LEGAL WATER SUPPLY The legal water supply for the Orr/Smith Exemption is the valid well permits issued by the Colorado Division of Water Resources (DWR) for the three wells drilled on the property. This includes Well Permit Nos. 80600, 152526 and 271770. The existing house on Lot 1 is served by an existing well with Permit No. 80600. This permit was issued in 1975 for domestic use including irrigation of up to one acre. Based on Consulting Engineer's and Hydrologists 909 Colorado Avenue • Glenwood Springs, CO 81601 ■ (970) 945-6777 ■ Fax (970)945-1137 Mr. John L. Taufer March 16, 2010 Page 2 discussion with the DWR, the allowable use of this permit is the historical use which includes one single family house and irrigation of lawn and garden estimated at 5,000 square feet. The existing house (to be removed) on Lot 2 is served by an existing well with Permit No. 152526. The well is shallow and it is anticipated that a replacement well will be used. A test well (Permit No. 266920) was drilled on Lot 2. Permit No. 271770 was issued for the well drilled on Lot 4 (test well Permit No. 266922). This permit allows for up to three single family dwelling units, irrigation of up to one acre, and watering of domestic animals. This well will serve Lots 3,4 and 5. WATER DEMAND The water demand for each lot is estimated at 350 gallons per day based on 3.5 people per house requiring 100 gallons per person per day. This equates to an average continuous pumping rate of 0.25 gallons per minute (gpm) from the water supply well. (Single family wells are typically pumped for short periods of time at a rate of 5 to 15 gpm with pressurized storage to meet peak demands.) Therefore, the wells require a long term sustained yield greater than 0.25 gpm. PHYSICAL WATER SUPPLY The physical supply for the proposed Orr/Smith Exemption was evaluated by drilling and testing three wells and testing the existing well on the property. The well permits are attached along with the well completion reports. Pumping tests (24 hours) were conducted on each well in 2005 and 2006. The discharge and drawdown data collected by J & M Pump Company are attached. RESOURCE conducted a 24 hour pumping test on the existing well (previously tested for 4 hours) in February 2010. Water samples were collected during the pumping tests and submitted to ACZ Laboratories for analysis. The water quality results are attached. A discussion of the data for each well is presented below. Existing Well The existing well was constructed in 1975, is 100 feet deep and is drilled into clay and sand material. The static water level was measured at 48 feet.r hour min test was conducted on Fekggry,20,.20084uriag,the seasonal g a nt,watergperio l „A, 4 hour intest was conducted maximum drawdown in the well was 25 feet (73 feet below top of casing) at a pumping rate of 10 gpm. The average flow rate was maintained at approximately pn (475 gallons) over the test period. Based on the results from both tests, the existing well has an estimated long term yield of at least 0.33 gpm. The yield of the well has been adequate for a single family house. The well also irrigates lawn and garden around the house so it likely has a higher yield in the spring and summer months. The water quality test results for the existing well are attached. The results indicate that the well water meets all of the primary State drinking water standards including bacteria RESOURCE EEEEE E N G I N E E E I N G Mr. John L. Taufer March 16, 2010 Page 3 and nitrates. The water is hard and a softener is recommended. The well is relatively shallow and disinfection treatment is also recommended. Well No. 2 Well No. 2 was drilled under test well Permit No. 266920 to a depth of 58 feet in alluvial gravels and terminates into the Wasatch Formation. A static water level was measured at 12.25 feet. A 24-hour pumping test was conducted on December 19, 2005. The test results indicate that the well has an estimated long term yield of approximately 3.75 gpm. The well yield is adequate for a single family house. The water was sampled during the pumping test and submitted to ACZ Laboratories for analysis. The results indicate that the well water meets all of the primary drinking water standards, except bacteria. However, the sample delivery was delayed by a shipping service mistake and the bacteria test was conducted outside of the holding time limit for the sample. The well on Lot 2 shall not be used as a potable water supply, until the well has been treated with a disinfectant, as noted on the Exemption Plat. Well No. 4 Well No. 4 was drilled under test well Permit No. 266922 (and issued production Permit No. 271770) to a depth of 80 feet in alluvial gravels and the Wasatch formation. The static water level was measured at 22.5 feet. A 24 hour pumping test was conducted on December 20, 2005. The results indicate on estimated long term yield of 3.6 gpm. The Well yield is adequate for a single family house on each of Lots 3, 4 and 5. The water was sampled during the pumping test and submitted to ACZ for analysis. The results indicate that the well water meets all primary drinking water standards including bacteria and nitrates. The water is hard and softening treatment is recommended. The well is relatively shallow and disinfection treatment is also recommended. Please call if you have any questions or need additional information. Sincerely, RESOURCE ENGINEERING, INC. Michael J. ion, P.E. Water R--ource Engineer MJE/mmm 1095-1.0 K:IClients11095 ORR11.0\2 23 10 jtaufer water resource rpt.doc RESOURCE NGINEEFIIN G I N C. Existing Well You -s-74 • Application must be complete where applicable. Type or print in BLACK INK. No overstrikes or erasures unless initialed. COLORADO DIVISION OF WATER RESOURCES 101 Columbine Bldg., 1846 Sherman St.. Denver, Colorado 80203 PERMIT APPLICATION FORM I 1 A PERMIT TO USE GROUND WATER IX) A PERMIT TO CONSTRUCT A WELL FOR: ( ) A PERMIT TO INSTALL A PUMP ( ) REPLACEMENT FOR NO. ( ) OTHER (11 APPLICANT • mailing address NAMEKeX j FF14ta-4/ `- STREET o,J3i.1- 44 • r" CIT 4 tate] Rio) TELEPHONE NO - 9t 1/ (2) LOCATION OF PROPOSED WELL County.t 2 pi;EJd of the !i, Section_ Twp.- 6 -- S. Rng.._. _Qa ._ L,, 6 P.M. (3) WATER USE AND WELL DMA Proposed maximum pumping rate Igpm) Average annual amount of ground woeter to be appropriated lecre•feet): /.5 Number of acres to be irrigated: LIQ # !. Proposed total depth (feet): 6/00 Aquifer ground water Is to be obtained from: Odd 14.7d0 tai/t ;3i►1 Owner's well designation /i%AM- Il GROUNDWATER TO REUSED FOR; HOUSEHOLD USE ONLY - no irrigation (0) (X) DOMESTIC 11) ( ) INDUSTRIAL (5) ( ) LIVESTOCK (2) ( ) IRRIGATION (8) ( } COMMERCIAL (41 ( ) MUNICIPAL (8) I 1 OTHER (9) (4) DRILLER Name_ATo NN fuAI a A1 Street 86 X /6,f Citw Riirioo egla g_ii 5r Telephone No.` s 4.2 Lic. No. 6.5 FOR OFFICE USE ONLY: DO NOT WRITE IN THIS COLUMN Receipt No. 6 5 72. U Basin Dist. GONQIILCINEDEAMIQYAL This well shall be used in such a way as to cause no material Injury to existing water rights. The issuance of the permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. AMMO FOR DOMESTIC USE, INCLUDING TEC IRRIGATION Ot NOT OVER OKI ACRE OF EMI 81>1DEI8 An Lil U . APPLICATION APPROVED PERMIT NUMBER AUG_060Q DATE ISSUED U 281275 qPar— EXPI RATI TE AU 4 8 I / i co 8Y 4,7111Tr(SrATE ENGINEER) ID .r - COUNTY (5) THE LOCATION OF THE PROPOSED WELL and the area on which the water will be used must be indicated on the diagram below. Use the CENTER SECTION (1 section, 640 acres) for the well location. + - -+ --- + - + �- q0 -a + --4 - + -- + ,4--• -1 MILE, 5230 FEET t•E NORTH SECTI :-+: r) +— III11 + f -44 1 1� +' - +' - -, sOUTH 3[CTtON [INS - 4- '- _T + + + -4- 4 -- + + 1 The scale of the disarm is 2 inches • 1 mile Each small square represents 40 scree. _ (0) THE WELL MUST BE LOCATED tELOW by distances from section lines. _Iffign____ ft. from Irstrim sec. line ._ft. from Ea._ST sac. line feast a�wessl LOT BLOCK FILING e _ SUBDIVISION (7) TRACT ON WHICH WELL WILL Bt LOCA? Owner: 4:Paogy yjtir- MG No. of scree L 41 . Will this be the only well on this tract? ¢ S (8) PROPOSED AWING PROGRAM Plain Casing In. from ft. to ._ — ft. infrom Perforated caain3 .,.— in from _ _ k. to_4 2t12___ h. In. from _ ft. to ft. ft. to ft. WATER EQUIVALENTS TABLE (Rounded Figures) An we -foot covers 1 ave of fend 1 foot deep 1 cubic foot per second (chi ... 4411 gallons per minute (ppm) A family of 5 will require epprorimetety 1 ecrtffoot of water pet ywr, 1 scrwfoot ... 43,650 cubic fess ... 325,900 gallons. 1,000 ppm pumped cantlnuourly far ane dry produces 4.42 ecrafeet. (9) FOR. REPLACEMENT WELLS give distance and direction from old well end plans for plugging it: (10) LAND ON WINCH GROUND WAtER WILL 8E USED; OwnarW: Ra—40 TA- & No. of acres: 9 #.1. Legal description:_1E SP. f_r/gd(_AQ_ , iaR mal_ fl/yrw at W_ 1?Y Aki_— (11) DETAILED DESCRIPTION of the use of ground water: Hnuuhold use and domestic wells must indicate type of disposal system to be used. Dame 1776 ce--4p;S"sou SIVA! wi i _1Eet Truly -s77Nd-e.rd,S (12) OTHER WATER RIGHTS used on this land, Including wells. Type or right Used for (purpose) AI 644 le."5 .r Rife se2. riaN Description of land on which used dila., AAA" Garde, (13) THE APPLICANT(S) STATE(S) THAT THE INFORMATION SET FORTH HEREON IS TRUE TO THE BEST OF HIS KNOWLEDGE. SI NATURE Of A 9 ISI Use additional sheets of paper if more space is required. WRJ.26-72 THIS FORM MUST BE SUBMITTED WITHIN 60 DAYS OF COMPLETION OF THE WORK DESCRIBED HERS• ON. TYPE OP PRINT IN BLACK INK. WELL OWNER_ee-K aJ"a 4l>�>a e_4(0 • cs COLORADO DIVISION OF WATER RESOURCES 300 Columbine Bldg., 1845 Sherman St 0" Denver, Colorado 80203 � WA1� POOL 1C if 46'0 WELL COMPLETION AND PUMP INSTALLATION REPORT PERMIT NUMBER2494100 �a n1 U /4.../9,514,J 11 ADDRESS DATE COMPLETED WELL -LO 4 of the 31 of Sec. 1-05 T. _to_ � R. •.•/r' 1 7 19 HOLE DIAMETER ._. In fromto__Qft. From To fi 44 8a Tope and Cdr of Material • J� Ixt. h I QC Je_si 400 k , y fL S>rd eI*y - gid. Sy SIG Water Loc. • Use TOTAL DEPTH 400 additional pages necessary to complete log. in from In. from DRILLING METHOD CASING RECORD: Size & kind Size & kind to ft 4 e P.M. Plain Casing Al. *from 11 _to ft. from to ft Size & kind from to ft Perforated Casing Size & kind vg from to lila. n ft. Size & kind from to ft Size & kind from to _ ft GROUTING RECORD Material Ile Awe Intervals ,% Q Placement Method ill i•sk GRAVEL PACK: Size interval TEST DATA Date Tested /1 - Static W ter Level, Prior to Test • s .,01? Type of Test Pump . gi/�_ Length of Test ai4g.. Sustained Yield (Metered) , 1925 ft Final Pumping Water Levi)! 45- cC aft Sump 9nc, 8611 County,.,toad 117 glezuwod Spginge CO 816(11 3'liaire: 97C-94.5-6159 97C-94V-6159 far: 97C-945-6159 I l Well Test DATE: February 20, 2006 TO: John Taufer Box 2271 Glenwood Springs, CO. 81602 RE: Well Tests Attn: John, Two 4 hour well tests were performed on wells located on Garfield Creek property. Lot 3 replacement well and the main house well were tested: Lot #3 Well • Depth: 100' Water Level: 21'5" measured from top of casing Drawdown: 69' measured from top of casing Sustained Yield: 4 GPM Clarity: Clear Recovery: 75% within 20 minutes Main House Well Depth: @ 100' Water Level: 48' measured from top of casing Drawdown: 48' measured from top of casing Sustained Yield: 1/3 GPM Clarity: Clear If you have any questions, please call Rick, 945-6159. J&MPump Inc Richard A Holub ACZ Laboratories, Inc. 2773 Downhill Drive Steamboat Springs, CO 80487(800) 334-5493 Resource Engineering, Inc. Project ID: 1095-1.0 Sample ID: ORR WELL NO. 1 Inorganic Analytical Results ACZ Sample ID: Date Sampled: Date Received: Sample Matrix: L55345-01 02/20/06 13:30 02121106 Ground Water Metals Analysis Paratneter EPA Method Result Quad X4 Units MDL PDL Date Analyst Aluminum, total recoverable Barium, total recoverable Cadmium, total recoverable Calcium, dissolved Chromium, total recoverable Copper, total recoverable Iron, total recoverable M200.7 ICP Lead, total recoverable M200.8 ICP -MS Magnesium, dissolved M200.7 ICP M200.7 ICP M200.7 ICP M200.7 ICP M200.7 ICP M200.7 ICP M200.7 ICP M200.8 ICP -MS Manganese, total recoverable Mercury, total Potassium, dissolved Selenium, total recoverable Silver, total recoverableM200.8 ICP -MS Sodium, dissolved M200.7 ICP Zinc, total recoverable M200.7 ICP M245.1 CVAA M200.7 ICP M200.8 ICP -MS Metals Prep u 0.088 u 49.3 U 0.0155 0.19 0.0016 21.5 0.005 B 44.2 0.022 157 0.02 u u B mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L 0.03 0.2 02/28/06 2:18 0.003 0.01 02/28/06 2:16 mea 0.005 0.02 02/28/08 2:18 mea mea 0.2 1 02/24/08 1:38 mea 0.01 0.05 02/28/06 2:16 mea 0.0005 0.003 02/23/08 3:45 0.02 0.05 02/28/06 2:16 0.0001 0.0005 02/23/08 3:45 0.2 1 02/24/06 1:38 0.005 0.03 02/28/06 2:18 !K mea mea mea 0.0002 0.001 03/02/06 13:45 dJt-pre 0.3 1 02)24/06 1:38 mea 0.001 0.005 02/23/06 3:45 jlr 5E-05 0.0003 02/23/06 3:45 0.3 1 02/24/06 1:38 0.01 0.05 02/28/06 2:18 mac mea Parameter EPA Method Raoult Quat XQ Units MOL PQL Date Analyst Total Recoverable Digestion Total Recoverable Digestion M200,2 ICP -MS M200.2 ICP 02/22/08 14:54 02123!0613:36 djt REPIN.02.06.05.01 ` Please refer to Extended Qualifier Report for detail L55345: Page 2 0'13 ACZ Laboratories, inc. 2773 Downhill Drive Steamboat Springs, CO 80487(800) 334-5493 Resource Engineering, Inc. Project ID: 1095-1.0 Sample ID: ORR WELL NO. 1 Inorganic Analytical Results ACZ Sample ID: Date Sampled: Date Received: Sample Matrix: 1.55345-01 02/20106 13:30 02/21106 Ground Water Wet Chemistry Parameter EPA Method Result Qual XQ Units MOX PQL Date Analyst Alkalinity as CaCO3 Bicarbonate as C&CO3 Carbonate as CaCO3 Hydroxide as CaCO3 Total Alkatinky Cation -Anion Balance Calculation Cation -Anion Balance Sum of Anions Sum of Cations Chloride M325.2 - Colorimetric Coliforms. fecal SM92220 - Membrane Filter Color M110.2 Conductivity @25C M120.1 - Meter Fluoride SM4500F-C Hardness es CaCO3 SM23408 - Calculation Lab Filtration SM 303013 Lab Filtration & SM 3030 B Acidification Lab Filtration & SM 3030 8 Acidification Nitrate as N, dissolved Calculation: NO3NO2 minus NO2 SM23208 - Titration Nitrate/Nitrite as N, dissolved Nitrite as N, dissolved Nitrogen, ammonia pH (lab) pH pH measured at Phosphorus, dissolved M365.1 - Auto Ascorbic Acid (digest) M365.1 - Automated Ascorbic Acid M353.2 - Automated Cadmium Reduction M353.2 - Automated Cadmium Reduction M350,1 - Automated Phenate M150.1 - Electrometric Phosphorus, ortho dissolved Phosphorus, total Residue. Filterable (TOS) 0180C Sulfate TDS (calculated) TDS (ratio - measured/calculated) Turbidity M365.1 - Auto Ascorbic Acid (digest) M160.1 - Gravimetric SM4500 SO4-D Calculation Calculation M180.1 - Nephelometric 417 u u 417 mg/L mg/L mglt mg/L -3.1 96 13.1 meq/L 12.3 meq/L 113 mg1L 0 ff/100m1 U Co/Pt 1230 umhoslcm 0.4 B mg/L 212 mg/L 3.83 mg/L 3.83 mg/L U• mg/L 0.15 8 mg/L 8.2 H units 24.0 C 0.02 B mg/L U mg/L 0.07 mg/L 700 mg/L 60 mg/L 713 mg/L 0.98 1.5 NTU 2 20 02/23/08 0:00 2 20 02/23/06 0:00 2 20 02/23/06 0:00 2 20 02/23/06 0:00 0.1 0.1 2 1 5 1 0.1 1 0.5 0.5 10 5 5 10 0.5 7 03/08/08 0:00 03108/06 0:00 03/08108 0:00 02/24/08 20:45 02/21(06 12:10 02/21/06 12:35 02/23/08 12:25 02/22/06 18:28 03/08/06 0:00 02/21/08 16:47 02/27/08 14:00 je Itt jn calc calc calc Plb jX jit jlf calc jM erf 02/2110615:23 djt 0.04 0.2 03/08/06 0:00 0.04 0.2 02/21106 19:49 0.01 0.05 02J21/06 19:44 0.05 0.5 02/28/08 15:34 0.1 0.1 02/23/06 0:00 0.1 0.1 02/23/06 0:00 0.01 0.05 02/27/06 16:09 0.01 0.05 02/21/06 17:45 0.01 0.05 02/27/06 15:18 10 20 02/21/06 16:09 10 50 02/21/06 13:39 10 50 03/08/06 0:00 03/08/06 0:00 0.1 0.5 02/21/08 12:28 cats pib pjb lag )n Jn erf pjb erf jtt j8 calc calc jK REPIN.02.06.05.01 • Please refer to Extended Qualifier Report for detail L55345: Page 3 of) 3 Well No. 2 11nJ.25.7 TYPE ON PR INT Ir+ BLACK INK. COPY OF ACCEPTED STATEMENT MAILED ON REQUEST. STATE OF COLORADO COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman Si. Denver, Colorado 80203 COUNTY OF S5. RECEIVED 1,1 II. 0 619 • r..R 07•-06-881F If • �f iX6444'. 6U. RJ LTRC P00r.1'' , TTL 60.00 STATEMENT OF BENEFICIAL USE OF GROUND WATER I7ELIA 60.00 ENDMENT OF EXISTING RECORD LATE REGISTRATION PERMIT NUMBER i�75�5//2__f LOCATION OF WELL THE AFFIANT(S) /'fY J4UFFMAN 5a6 vny QARFiaCly whose mailing �J address is 6 t Vti AiATG tiofit,. S 'AS.c1.n CFIG 0.00 Ih CL -1 8A9667 cityNEki 7-1E 0.19. ���y� Tr.._ S R,., 90 ,.6 PM I�••*t1 tela bung duly sworn upon oath, deposes and says that he (they) is (are) the owner(s) of the well described hereon, the well is locoed as described obove, at distances of 9ilQ feet from the-SO-PM'section line and i� 0 feet from the 4 P. ,Oy14.1 AC/Ts%section line; water from this well was first applied to o beneficial use far the purpose(s) described herein on the ,i.ir e■ mil 111 day of woo.; the maximum sustained pumping rate of the well is _50 gallons per minute, the pumping rate claimed hereby is .5 0 gallons per minute; the total depth of the well is i., feet; the average annual amount of water to be diverted is 1. 5 acre-feet; for which claim is hereby mode for Dojasr/6. 4/t/CST f. rt /AWN f t;A1P,dE1/ Zll!i purpose(s); the legal description of the lond on which the Ovate, from this well is used is f J: of which _(_acres are irrigated and which is illustrated on the map on the reverse side of this form; that this well was completed in compliance with the permit approved therefor; this statement of beneficial use of ground water is filed in compliance with law; he (they) has (have) read the statements made hereon; knows the content thereof; and that the same are true of his (their) knowledge. (COMPLETE REVERSE SIDE OF THE S FORM) 'Signature( s) ? Subscribed on sworn .y� to before me orr this Q 2 ` day of , 19 87 . lifly lrbwrnl *wort 1, 1992 My Calm; won e,<pires:J' _ SI as .0 .0! 1 u.LIC ACCEPTED FOR FILING BY THE STATE ENGINEER OF COLORADO PURSUANT TO THE FOLLOWING CONDITIONS: IIIA_ IVII.PE9JI_I4EIALAIM.i!_IEEBEEMMEL IEHI 1) IN ACCORDANCE WITH CRS 11q2�--602(5) FOI HISTORIC DISE AS IIIMICATEI IRON AND DUCHIES M CRS 37-92-450211)1e). 2) A WELL PRODUCING 50 GALLONS PER MINUTE4NO USED FOl ORDINARY HOUSEHOLD PURPOSES INSIDE ORE SINDLE FAMILY IWELLINITSi FIRE PROTECTION if� W*TERIMI OF DOMESTIC ANIMALS, POULTRY AND LUYESTOC1 ON A FAIN 01 RANCH, ANS TIE IRRIGATION OF NOT MORE THAN ONE ACRE OF NOME GARDENS 1 LAWNS. PPA 9-,uAFT SEP 271999 a. a ...,. DATE STA 7 ER 9274P Form No. GWS -25 APPLICANT OFFICE OF THE b !`ATE ENGINEER COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman Si, Denver, Colorado 80203 (303) 866-3581 LIC WELL PERMIT NUMBER 266920 DIV. 5 WD 45 DES. BASIN MD LACY ORR & GIL SMITH C/O JOHN TAUFER P O BOX 2271 GLENWOOD SPRINGS, CO 81602- (970) 945-1337 PERMIT TO CONSTRUCT A WELL APPROVED WELL LOCATION GARFIELD COUNTY SE 1/4 SE 1/4 Section 30 Township 6 S Range 90 W Sixth P.M. DISTANCES FROM SECTION LINES Ft. from Section Line Ft. from Section Line UTM COORDINATES (Meters,Zone:13,NAD83) Easting: Northing: ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The Issuance of this permit does not ensure that no Injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be In compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37-92-602(3)(b)(I) for uses as described in CRS 37-92-602(1)(f), Use of this wall is limited to monitoring water levels and/or water quality sampling. This well is known as Orr Well no. 2. 4) Approved as a well on a tract of land of 78.42 acres described as that portion of the South 1/2 of the SE 1/4, Sec. 30, Twp. 6 South, Rng. 90 West, 6th P.M., Garfield County, more particularly described on the attached exhibit A. Further identified as 6640 County Road 312, New Castle, CO 81847. 5) This well must be equipped with a locking cap or seal to prevent well contamination or possible hazards as an open well. The well must be kept capped and tacked at ail times except during sampling or measuring. 6) Records of water level measurements and water quality analyses shall be maintained by the well owner and submitted to the Division of Water Resources upon request. 7) Upon conclusion of the monitoring program the well owner shall plug this well in accordance with Rule 16 of the Water Well Construction Rules. A Well Abandonment Report must be completed and submitted to the Division of Water Resources within 60 days of plugging. 8) The owner shall mark the well in a conspicuous place with the well permit number(s) and name of aquifer as appropriate, and shall take necessary means and precautions to preserve these markings. 9) This well must be constructed by or under the supervision of a licensed well driller or other authorized individual according to the Water Well Construction Rules. If non-standard construction is anticipated, a variance request must be submitted in accordance with Rule 18 and approved prior to well construction. 10) A Well Construction and Test Report (Form GWS -31), Including lithologic tog must be submitted by the individual authorized to construct the well, For non-standard construction, the report must include an as -built drawing showing details such as depth, casing, perforated zones, and a description of the grouting type and interval. 11) Pursuant to Rule 6.2.3 of the Water Well Construction Rules, the well construction contractor shall submit the as -built well location on work reports required by Rule 17.3 within 60 days of completion of the well. The measured location must be accurate to 200 feet of the actual location. The tocation information must include either the 1/4, 1/4, Section, Township, Range, and distances from section lines, or a GPS location pursuant to the Division of Water Resources' guidelines. NOTE: Permit nos. 80600 and 152526 are currently located on this parcel. NOTE: Parcel Identification Number (PIN): 23-2183-304-00-008 /a1.-14.,,1 4ryS- NOTE: Assessor Tax Schedule Number: R017213 (totaling 76.42 acres) APPROVED DMW State Engineer Receipt No. 9502412A e 01100— By DATE ISSUED 12-06-2005 EXPIRATION DATE 12-06-2007 WELL CONSTRUCTION AND TEST REPORT STATE OF COLORADO, OFFICE OF THE ,STA'T'E ENGINEER .OR0I•NCGUSE ONLY 1. WELL PERMIT NUMBER 266920 2. Owner Name(s): Lacy Orr & (nil Smith Mailing Address: c/o John'1'aufer P.O. 1-3ox 2271 City, Statc, Zip : Glenwood Springs, Co. R 1602 Phone #: M rbnovAI. N OW.431-91-1.3 Wf1�1,1,4X'AI`LUN A DRILLED 3 SF. 1/4 SE 1/4 Sec: 30 Twp: 6 S Range: 90 W UIS I ANCL;S FROM STC-. LINES 1059 Il. born South Sec. lino and 1167 ft. from East Sec. line OR Fasting: Northing: SUBDIVISION: LOT: 2 BLOCK: FILING (OMIT): STREET ADDRESS AT LOCATION GROUND SURFACE. ELEVATION It. DRILLING METHOD Air Rotary DATE COMPLETED: 12/17t2005 'TOTAL DEPTH: 58 DEPTH CUMPLLI'1ON: 58 5. GEOLOGIC LO(; h. Ht1t.Y, uIAMLl2R (iu) FROMOn'T( (R) i)epth Type of Material (Sin, Color, and Type) 9.0 0 3I 000-018 Dirt 6.5 31 51I - 0 18-030 Cirnvl:Is 030-058 Wasatch Formation 7. PLAIN C lA5 1V OD (in) Kind Walt Sfra F+mfr. (rt) 1'u (n) '1.0 Steel 0.240 -1 21 5.5 PVC 0.250 28 58 PERF. CASING : Screen Slot Size 7.0 Steel 0.240 21 31 1• water Located: 20 - 30 Ren1ATkg : 8. Filter Pack Material : Size : Interval : 9_ Packer Placement Type : Depth . 10. CIROli'l'INU R1,:COK.) Material Amour) Dessily Intcrwil IMaccmcnr Cement 3 sks 6 Usk S-20 _ _poured 11. DISINFECTION : Type : HTH Amt, Used : 2 a%. 12. WF1.1. TEST DATA : () Check Box If Test Data Is Submitted C)n Supplemental TESTING MLi'1'HOU : Air Compressor Static Level : 13 FL Daictl'ihne Measured 12/17t2005 Production Rale 3.5 gpm Pumping Level : 'Total ft. Date/Time Measured 12/17/2005 Test Length : 2 hours Test Remarks : 11 1 hlwr rill Ili ..1lll}'1nLlI 1 III+I� 1�L'MI Lld lylew J C�WIC11U n,lioa(, �_d that tll1'�(_.'v `ire :rue e7 my kriowledi, vtilrylu;Ml,l] �i[L'llllll Ii -i -T-1 (13x.7) ins, the milling of lake :It s rAg1N111r't 1113»tY td ll,r 'AVI1I[l Ilr�l[L y[� t% 11y,1[51 1 ori & Ci$U i llli 4cmcanor,� CON'1'!AA(: I'Ok : Shelton IirWing Cerp. Phone : (970) 9274182 Mailing Address : P.O. How 1059 Basalt, Co. 11162I 1.ic. No. 1095 Name / Titk (Please Type or Print) y Wayne Shelton /President I Signature Date 1212312005 At Jump 5nc. S611 County. .Rt ad 117 getuucted Spningf C'C 816C1 ,`Pitturt: 97C-945-6/59 ert<• 97C-915-6139 5a..r: 9,C-943-6139 Well Test DATE: December 19,2005 TO: John Tauter Box 2271 Glenwood Springs, CO. 81602 RE: Well Tests Attn: John, A twenty four hour well test was performed on new wells drilled on property located on Garfield Creek. The following results were obtained: Lot #2 Well Depth: 53' Water Level: 12'3" measured from top of casing Drawdown To: 49'4" measured from top of casing Sustained Yield: 3.75 GPM Recovery: 99% within 40 minutes Lot#4 Well Depth: 80' Water Level: 22'6" measured from top of casing Drawdown To: 70' measured from top of casing Sustained Yield: 3.61 GPM Recovery: 99% within 50 minutes Lot #3 Well Depth: 253' Water Level: 42'6" measured from top of casing Drawdown To: 245' measured from top of casing Sustained Yield: 1/5 GPM Long term test was terminated due to production and recovery If you have any questions, please call Rick, 945-6159. ZANCANELLA AND ASSOCIATES, INC. PUMP TEST REPORT Name of Well Address / Location • Well Log Depth Pump Setting Static Level Pump Model ,' / / .',/ r' . DRAWDOWN •- RECOVERrn TIME MIN. LEVEL GPM TIME MIN. LEVEL -' �/ 0 /.' / i"5.6 0 1 l--. , 1 2 2 • 3 3 4 ,. F (J 4 55 r 6 6 10_ /I _ 10 ii. 12 12 15 -= 15 — 20 20 1 3030 30 1 40 400 50 1 azo + so ao _ 90 .. i4A 'umpTestSheet.xls ACZ Laboratories, Inc. 2773 Downhill Drive Steamboat Springs, CO 80487(800) 334-5493 Resource Engineering, Inc. Project ID: 1095-1.0 Sample ID: ORR WELL #2 ACZ Sample 1D: Date Sampled: Date Received: Sample Matrix: L54677-01 12119105 15:30 12122105 Drinking Water Metals Analysis u1w. mg/L MDtr; Pas ., Daily -4 Aluminum, total recoverable Barium, total recoverable M200.7 ICP M200.7 ICP Cadmium, total M200.7 ICP recoverable Calcium, dissolved M200.7 ECP Chromium, total M200.7 ICP recoverable Copper, total M200.8 ICP -MS recoverable Iron, total recoverable M200.7 ICP Lead, total recoverable M200.8 ICP -MS Magnesium, dissolved M200,7 ICP Manganese, total M200.7 ICP recoverable Mercury, total M245,1 CVAA Potassium, dissolved M200.7 1CP Selenium, total M200.8 ICP -MS recoverable Silver, total recoverableM200.8 ICP -MS Sodium, dissolved M200.7 ICP Zinc, total recoverable M200.7 ICP Metals Prep 0.67 0.144 u 86.2 u 0.0050 0,84 0,0006 29.5 0.008 B 5.6 0.007 74.2 u u u • • f f rng/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L rng/L mg/L mg/L mg/L mg/L 0.03 0.2 01/02/08 21:35 0.003 0.01 01/02/06 21:35 0.005 0.02 01/02/06 21:35 0.2 1 12/30/05 2:46 0.01 0.05 01/02/06 21:35 0.0005 0.003 01/02/06 20:23 0.02 0.05 01/02/06 21:35 0.0001 0.0005 01/03/06 20:54 0.2 1 12/30/05 2:46 0.005 0.03 01/02/06 21:35 0.0002 0.001 0.3 1 0.001 0.005 12(30/05 19:04 12)30/05 2:46 01/02/06 20:23 5E-05 0.0003 01/03/06 20:54 0.3 1 12/30/05 2:46 0.01 0.05 01/02/06 21:35 ammeter EPA Mathad• Result ; Quat XQ UMW" M h PQL Oat, Total Recoverable Digestion Total Recoverable Digestion M200.2 ICP M200.2 ICP -MS 12/29/05 20:12 12/30/05 13:26 mea mac mea lc mea scp MOB ic yr mac djtlmsh scp yr mac djt scp REPIN,02,06.05,01 • Please refer to Extended Qualifier Report for detail ACZ Laboratories, Inc. 2773 Downhill Drive Steamboat Springs, CO 80487(800) 334-5493 Resource Engineering, Inc. Project ID: 1095-1.0 Sample ID: ORR WELL #2 n r Afialytriat • ACZ Sample ID: Date Sampled: Date Received: Sample Matrix: L54677-01 12/19105 15:30 12122105 Drinking Water Wet Chemistry &ttrtwetw EPA Math Re** OM X0 Unite MD6 PCK. Date Alkalinity as CaCO3 Bicarbonate as CaCO3 Carbonate as CaCO3 Hydroxide as CaCO3 Total Alkalinity Cation -Anion Balance Calculation Cation -Anton Balance Sum of Anions Sum of Cations Chloride Coliforms, fecal Color Conductivity ©25C Fluoride Hardness as CaCO3 Lab Filtration Lab Filtration & Acidification Lab Filtration & Acidification Nitrate as N, dissolved Nitrate/Nitrite as N, dissolved Nitrite as N, dissolved SM2320B - Titration Nitrogen, ammonia pH (tab) pH pH measured at Phosphorus, dissolved Phosphorus, ortho dissolved Phosphorus, total Residue, Filterable (TDS) ©180C Sulfate TDS (calculated) TDS (ratio - measured/calculated) Turbidity M325.2 - Calorimetric SM9222D - Membrane Filter M110.2 M120.1 - Meter SM4500F•C SM2340111- Calculation SM 3030 B SM 3030 8 SM 3030 B Calculation: NO3NO2 minus NO2 M353.2 - Automated Cadmium Reduction M353.2 - Automated Cadmium Reduction M350.1 - Automated Phenate M150.1 - Electrometric M365.1 - Auto Ascorbic Acid (digest) M365.1 - Automated Ascorbic Acid M365.1 - Auto Ascorbic Acid (digest) SM2540C • Gravimetric SM4500 SO4-D Calculation Calculation M180.1 - Nephelometric 400 400 -1.9 10.5 10.1 25 28 924 0.5 337 U u • • • H • UH B 3.7 3.7 H UH u 8.3 H 22.0 0.01 B 0.03 BH 0.04 8 530 70 547 0.97 9.6 H " " • • • mg/L mg/L mg/L mg/L 96 meq/L meq/L mg/L #/100m1 Co/Pt umhos/cm mg/L mg/L mg/L mg/L mg/L mg/L units C mg/L mg/L mg/L mg/L mg/L mg/L NTU 2 20 12/28/05 0:00 tam 2 20 12/28/05 0:00 tam 2 20 12/28/05 0:00 tam 2 20 12/28/05 0:00 tam 01/11/06 0:00 calc 0.1 0.5 01/11/06 0:00 calc 0.1 0.5 01/11/06 0:00 calc 1 5 01/09/06 11:42 nps 1 5 12/22/05 15:30 ct 5 5 12/23/05 10:45 ct 1 10 12/28/0514:32 tam 0.1 0.5 01/03/08 18:13 jtf 1 7 01/11/06 0:00 calc 12/22/05 16:05 ccp 12/28/05 12:41 djt 12/28/05 15:51 tam 0.1 0.5 01/11/06 0:00 catc 0.1 0.5 12/22/05 17:15 ccp 0.01 0.05 12/22/05 16:58 ccp 0.05 0.5 01/06/06 18:42 pit) 0.1 0.1 12/28/05 0:00 tam 0.1 0.1 12/28/05 0:00 tam 0.01 0.05 01/05/08 18:50 erf 0.01 0.05 12/22/05 16:59 erf 0.01 0.05 01/04/06 21:08 erf 10 20 12/22/05 17:15 lit 10 50 01/03/06 12:46 jlf 10 50 01;11/06 0:00 calc 01/11/06 0:00 calc 0.1 0.5 12/23/05 11:08 ct REPIN.02.06.05.01 • Please refer to Extended Qualifier Report for detail. Well No. 4 Form No. GWS -25 ?PLICANT O -I-ILt U1- 1 Mt , 1#I t tNUiNttK COLORADO DIVISION OE WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St.. Denver. Colorado 80203 (303) 866-3581 EXST WELL PERMIT NUMBER 271770 DIV. 5 W0 45 DES. BASIN MD LACY ORR & GIL SMITH CIO JOHN TAUFER PO BOX 2271 GLENWOOD SPRINGS, CO 81602- (970) 945-1337 CHANGEIEXPANSION OF USE OF AN EXISTING WELL APPROVED WELL LOCATION GARFIELD COUNTY SE 1/4 SE 1/4 Section 30 Township 6 S Range 90 W Sixth P.M. DISTANCES FROM SECTION LINES 823 Ft. from South 546 Ft. from East Section Line Section Line UTM COORDINATES (Meters,Zone:13,NAD83) Easting: Northing: 1) 2) 3) 0 5) 8) 7) 8) ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF A?FROVAL This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit does not ensure that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. Approved pursuant to CRS 37-92-602(3)(b)(II)(A), to expand the use of an existing well constructed under monitoring welt permit no. 266922, as the only well on a tract of land of 36.93 acres described as that portion of the SE 114, Sec. 30, Twp. 6 S, Rng. 90 W, Sixth P,M., Garfield County, more particularly described on the attached exhibit A. The issuance of this permit hereby cancels permit no. 266922. The use of ground water from this well is limited to fire protection, ordinary household purposes inside not more than three (3) single family dwellings, the watering of poultry, domestic animals and livestock on.a farm or ranch and the irrigation of not more than one (1) acre of home gardens and lawns. The pumping rate of this well shall not exceed 15 GPM. The return flow from the use of this well must be through an individual waste water disposal system of the non -evaporative type where the water is returned to the same stream system in which the well is located. This well must be located not more than 200 feet from the location specified on this permit ] /a./j4, , APPROVED ,SG J r ` 41 e State En neer r Recei•t No. 9502684B DATE ISSUED 12-04-2006 By DATE IV/4 Best Copy Mailable Ala MI" Orr -Smith Subdivision Exemption Plat A tract of land being a portion of the S 1/25E1/4 of Section 30 Township 6 South. Range 90 West of the 6th P.M. County of Garfield. State of Colorado +wwadi,rn..a v�rlewOar. M.1 *JV 1316 WA 1lk1-1kSOLIN tS SLATE ENGJNifA GL ENwcpu lac. 34472 A.w i.+r.... a..wtr+rrr Ina Lot 4 mow/AwM WELL PERMIT AREA NO. 36.930 o cre5 Lora 14SIM Mail • o..awt Paw Ma iimmoind Pawl, WELL PERMITAREA NO. 2 3,930 acres u a.▪ waramasin �I Paha ri.wrs IMO PamitIVS*010- a 11•11111•5 MEN leidadgaileT dmINar.rr. w.\..4 ayVy A. mime. • Batsi/ aF Batting■ . 4r! •1 1 1 1 rm.) arrmorrmasa aa al wr� wasMae a No. telme ��irar SurvCo, Inc. R1K«��Swr�M �A+f Ail.�y}r.l� Sham 2 a 2 �.�.-- ...� A. �rrI. SURVCO, INC. RTK GPS and Conventional Land Surveving Services Legal Description Well Area No. 2 Orr -Smith Subdivision Exemption Exr1-113 rs.A +2eC.hi0.gSo 1-3 �Aa[S es l V13tie WATF.Rwr�, . . STA it m,r,•.,i,- GL E Nwacir, REEVED NOV 16 2006 WATER MBOMOU STATE ENGINEER COLO. A Tract of Land being situated in the S112SE1/4 of Section 30, Township 6 South, Range 90 West of the 61h P.M., County of Garfield, State of Colorado, said Tract of Land being described by metes and bounds as follows: Beginning at the Southwest corner of said S1/2SE114; Thence S.89° 16'40'E. 2662.63 feet to the Southeast corner of said S112SE1/4; Thence N.00°5i'53"E. 30.00 feet; Thence S.89° 07'42"W. J 174.64 feet; Thence N.01° 14'42"E.102.10 feet; Thence N.36°15`18"W. 160.80 feet; Thence' 1 N.59°05'42'E. 316.90 feet; Thence N.00°39'38"E. 901.75 feel; Thence N.89°08'24'W. 575.00 feet; Thence S.03°01'49"W. 565.51 feet; Thence 5.01°11'07"E. 726.01 feet; Thence N.89°07'48" W. 324,16 feet; Thence along the arc of a curve to the,right 164.79 feet, said arc having a radius of 200.18 feet, a central angle of 47°09'59" and sub -tending a chord of 160.18 feet which bears N.65°32'48"W.; Thence S 48°02'11"W. 60.00 feet; Thence N.41 °57'49"W. 335.37 feet; Thence N.53°55'39"W. 193.87 feet; Thence along the arc of a curve to the left 21.88 feet; said arc having a radius of 70.00 feet, a central angle of 17°54'22" and subtending a chord of 21.79 feet which bears N.62°52'50"W.; Thence N 71°50'01M. 81.59 feet; Thence along the arc of a curve to the left 22.19 feet, said arc having a radius of 70.00 feet, a°central angle of 18°09'59° and sub -tending a chord of 22.10 feet which bears N.80°55'00"W.; Thence N 90°00'00"W. 106.12 feet; Thence along the arc of a curve to the right 72.69 feet, said arc having a radius of 130.00 feet, a central angle of 32°02'17" and sub -tending a chord of 71.75 feet which bears N.73°58'52"W.; Thence N.57°57'43"W. 117.63 feet; Thence N.51°00'37"W. 103.76 feet; Thence N.64°05'04"W. 191.30 feet; Thence N.55°51'091W. 177.92 feet; Thence 4.68°33'42'W. 415.90 feet; Thence S.00°43'40"W. 924.57 feet to the Point of Beainnina. Said tract of land contains 36.930 acres as descried herein. PH: (970) 945-5945 826-1/2 GRAND AVENUE, SUITE No. 26 POST OFFICE BC% 27BZ GLENWOOD SPRINGS, CO. 81602-2782 EMAIL: SURVCD@CARTHLINK.NET FAX: (970) 945-5946 Form No. GWS -25 APPLICANT OFFICE OF THE ....ATE ENGINEER COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 866-3581 LIC WELL PERMIT NUMBER 266922 DIV. 5 WD 45 DES. BASIN MD LACY ORR & GIL SMITH C/O JOHN TAUFER P 0 BOX 2271 GLENWOOD SPRINGS, CO 81602- (970) 945-1337 PERMIT TO CONSTRUCT A WELL APPROVED WELL LOCATION GARFIELD COUNTY SE 114 SE 1/4 Section 30 Township 6 S Range 90 W Sixth P.M. DISTANCES FROM SECTION LINES Ft. from Section Line Ft. from Section Line UTM COORDINATES (Meters,Zone:13,NAD83 ) Easting: Northing: ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 1) This well shall be used in such a way as to cause no material Injury to existing water rights. The Issuance of this permit does not ensure that no Injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be in cornpllance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37-82-802(3)(b)(i) for uses as described In CRS 37-92-602(1)(f). Use of this well is limited to monitoring water levels and/or water quality sampling. This well is known as Orr Well no. 4. 4) Approved as a well on a tract of land of 78.42 acres described as that portion of the South 1/2 of the SE 1/4, Sec. 30, Twp. 6 South, Rng. 90 West, 6th P.M., Garfield County, more particularly described on the attached exhibit A. Further identified as 6640 County Road 312, New Castle, CO 81647. 5) This well must be equipped with a locking cap or seal to prevent well contamination or possible hazards as an open well. The well must be kept capped and locked at all times except during sampling or measuring. 6) Records of water level measurements and water quality analyses shall be maintained bythe well owner and submitted to the Division of Water Resources upon request. 7) Upon conclusion of the monitoring program the well owner shall plug this well In accordance with Rule 16 of the Water Well Construction Rules. A Well Abandonment Report must be completed and submitted to the Division of Water Resources within 60 days of plugging. 8) The owner shall mark the well In a conspicuous place with the well permit number(s) and name of aquifer as appropriate, and shall take necessary means and precautions to preserve these markings. 9) This well must be constructed by or under the supervision of a licensed well driller or other authorized Individual according to the Water Well Construction Rules. if non-standard construction is anticipated, a variance request must be submitted in accordance with Rule 18 and approved prior to well construction. 10) A Well Construction and Test Report (Form GWS -31), Including lilhologlc log must be submitted by the individual authorized to construct the well. For non-standard construction, the report must include an as -built drawing showing details such as depth. casing, perforated zones, and a description of the grouting type and interval. 11) Pursuant to Rule 6.2.3 of the Water Well Construction Rules, the well construction contractor shall submit the as -built well location on work reports required by Rule 17.3 within 60 days of completion of the well. The measured location must be accurate to 200 feet of the actual location. The location information must include either the 1/4, 1/4, Section, Township, Range, and distances from section lines, or a GPS location pursuant to the Division of Water Resources' guidelines. NOTE: Permit nos. 80600 and 152526 are currently located on this parcel. NOTE: Parcel Identification Number (PIN): 23-2183-304-00-008 NOTE: Assessor Tax Schedule Number: R017213 (totaling 78.42 acres) APPROVED DMW State Engineer Receipt No. 9502412C .7ke- DATE ISSUED 12-06-2005 4,7 A , By XPIRATION DATE 12-06-2007 WELL CONSTRUCTTON AND TEST REPORT STATE OF (:t:)T.ORADO, OFFICE OF THE STATE ENGINh:I-.R • •}i. ornc.>< $..)P ONLY 1• WEL.I. PERMIT NUMBER 266922 �. Owner Name(): Lacy Orr & Gil Smith Mailing Address: c/o John 'fader P.O. Box 2271 City, Stale, Zip : Glenwood Springs, Co. 81602 Phone iAPPIIOVAL /1 CW531.914)1 SELL LOCATION AS DRILLED SE 1/1 SE 114 Sec: 30 Twp: 6 S Range: 90 W DISTANCES FROM SLC. LINES 823 ft. from South Sec. lige and 546 ft. frorn East Sec. line OR Fasting: Northing: SIIRDIVISION: T,OT: 4 BLOCK: FILING (UNIT): S'T'REET ADDRESS AT LOCATION GROUND SURFACE ELEVATION 11. DRILLING METIIOD Air Rotary DATE COMPLETED; 12/15/2005 T'OTAI. DEPTH: 80 DEPTH COMPLETION: 80 5. GEOLOGIC LOG 6, IIQt,F. I)1AMI;TLR (in) ROM (11) 'ID (!l) Depth Tux; of Material (Size, Color, and 'I've) 9.0 W 6 42 000-030 Clays, Dirt 6.5 42 110 030-040 Gravels, Clays 040-080 Wasatch formation 7. PLAIN CAM OD (in) Kind Well Sire I. nn (fl) To (*) 7.0 Steal 0.240 -1 32 5.5 PVC 0.251 40 80 PFRF. CASING : Screen Slot Size 7,0 Steel 0,240 32 42 • Water Located: 30 - 40 Remarks : 8. Fitter Pack Mattrial . Size : Interval : 9. Packer Placement 'lype . Depth : 10. GROUTING RECORD Moctial Ammo I)enshy Interval Piecemeal Cement 3 mks 6 gal/sk 10-25 potlredn J 11. DISINFECTION : Type : IITH Amt. Used : 2 07. 12. 'W.FI.1. TEST DA'1-A : () Check Box If 'fest Data Ts Submitted On Supplemental TESTING Mls'1110f) : Air Compressor Static Level : 23 R. DatJI'ime Measured 12/15/2005 Production Rate 3.5 gpm Pumping Level : Total 11 Date/Time Measured 1'7./15/2005 'fest Length : 2 hour; 'fest Remarks : 13. 1 hyw nrhd rlr� �ItiCrl nada heroin nail krrrrw Ilk• uwLanU ted 1h;q Ilwy ms um: 0 my knowledge ($ lr%I nl it] �.tttidn 24-4-14 (1-I)(•r) (I(, lib raking of fine nuts i COTM hqu luryrry Ire the uccld d end rh ruin Ir:lir1C �/ i CIU/ 1 IDlydfSnr.Hrrx ) CONTRAG'I(.)(t : Shelton Drilling Corp. Phone : (+)70) 927-41/32 Mailing Address : P.O. Box 1059 Raiait, Co. 81621 Lic. No. 1095 Name / Title (Please Type or Print) Wayne Shelton / President Signature Date 12/19/2005 Jump Jnc. 8611 County Algid 117 glencuoud S puinga ee 816C1 :Muse: 97C-945-6159 (?elf: 97691S-6159 Sar: 97C-945.6159 Well Test DATE: December 19,2005 TO: John Taufer Box 2271 Glenwood Springs, CO. 81602 RE: Well Tests Attn: John, A twenty four hour well test was performed on new wells drilled on property located on Garfield Creek. The following results were obtained: Lot #2 Well Depth: 53' Water Level: 12'3" measured from top of casing Drawdown To: 49'4" measured from top of casing Sustained Yield: 3.75 GPM Recovery: 99% within 40 minutes Lot #4 Well Depth: 80' Water Level: 22'6" measured from top of casing Drawdown To: 70' measured from top of casing Sustained Yield: 3.61 GPM Recovery: 99% within 50 minutes Lot #3 Well Depth: 253' Water Level: 42'6" measured from top of casing Drawdown To: 245' measured from top of casing Sustained Yield: 1/5 GPM Long term test was terminated due to production and recovery If you have any questions, please call Rick, 945-6159. ZANCANELLA AND ASSOCIATES, INC. PUMP TEST REPORT Name of Well Address / Location Date Well Log Depth +0/ - Pump Setting ,r Static Level Pump Model DRAWDOWN ., r RECOVERY TIME MIN. LEVEL GPM TIME MIN. LEVEL 10 1 0 1 1, 1 =., 2 2 3�(.• _, . 3 T, 5, ,:. /r, _ 5 6 . -'� . ' 8 8 10 12 15 20 30 40 50 80 111. 90 f • 120 I '- r4 150 180 MI III -- 210 240 iffirvial IIIIIMIIIIIIIII 111111111 IIM 11111111111.1.1.1 ti III 1 • NMI 'umpTestSheet.xts ACZ Laboratories, Inc. 2773 Downhill Drive Steamboat Springs, CO 80487(800) 334-5493 Resource Engineering, Inc. Project ID: 1095-1.0 ORR Sample ID: ORR WELL NO 4 Ra. $(41 .. v . ' 2Y. ,k11,,,,.‘" Yom.- ACZ Sample ID: Date Sampled: Date Received: Sample Matrix: L54659-01 12/20105 12:45 12121105 Drinking Water Metals Analysis Aluminum, total recoverable Barium, total recoverable Cadmium, total recoverable Calcium, dissolved Chromium, total recoverable Copper, total recoverable Iron, total recoverable Lead, total recoverable Magnesium, dissolved Manganese, total recoverable Mercury, total M245.1 CVAA Potassium, dissolved M200.7 ICP Selenium, total M200.8 ICP -MS o,a> recoverable Silver, total recoverableM200.8 ICP -MS x"t D.ro Sodium, dissolved M200.7 ICP Zinc, total recoverable M200.7 ICP EPA AAitttot M200.7 ICP M200.7 ICP M200.7 ICP o. oo5 �. G+ 5 I! M200.7 ICP M200.7 ICP cs, M200.8 tCP-MS 1.3 M200.7 ICP 24 0.3 M200.8 ICP -MS o. o,f M200,7 ICP - M200,7 ICP am. o. o or ooh • Metals Prep Parameter . EPA Method': Total Recoverable Digestion Total Recoverable Digestion Riau- Qu 0.09 0.120 80.3 u U 0.0014 B 0.07 0.0002 19.0 0.0003 4.9 0.006 79.3 WOW if AIM • mg/L mg/L mg/L mg/L mg/L mg/L • mg/L B • mg/L • mg/L U • mg/L B mg/L ' mg/L • mg/L U • mg/L • mg/L U• mg/L • 7 0.03 0.2 12/23/05 2:14 mea 0.003 0.01 12/23/05 2:14 0.005 0.02 12/23/05 2:14 0.2 1 12/23/05 0:33 0.01 0.05 12/23/05 2:14 0,0005 0.003 12/30/05 23:52 0.02 0.05 0.0001 0.0005 02 1 0.005 0.03 0.0002 0,001 0.3 1 0.001 0.005 12/23/05 2:14 12/30/05 23:52 12/23/05 0:33 12/23/05 2:14 12/30/05 18:50 12/23/05 0:33 12/30/05 23:52 5E-05 0.0003 12/30/05 23:52 0.3 1 12/23/05 0:33 0.01 0.05 12/23/05 2:14 Relul't ' Quai X41 Unita, ; `. MDL PQL Date. = M200.2 ICP M200.2 tCP-MS 12/21/05 19:20 12/28/05 10:44 mea mea yc mac scp mac scp mea dit/msh )ic scp scp mea djt jag REPtN.02.06.05.01 • Please refer to Extended Qualifier Report far detail ACZ Laboratories, Inc. 2773 Downhill Drive Steamboat Springs, CO 80487(800) 334-5493 Resource Engineering, Inc. Project ID: 1095-1.0 ORR Sample ID: ORR WELL NO 4 4kilnrehiatitreil .•Rs .. i its' xt 4 a.::.'-;�_3` < F ACZ Sample ID: Date Sampled: Date Received: Sample Matrix: L54659 O1 12/20105 12:45 12121105 Drinking Water Wet Chemistry 1nett� EPA Meth Alkalinity as CaCO3 Bicarbonate as CaCO3 Carbonate as CaCO3 Hydroxide as CaCO3 Total Alkelinity Cation -Anion Balance Calculation Cation -Anion Balance Sum of Anions Sum of Cations Chloride Coliforms, fecal Color Conductivity ©25C Fluoride Hardness as CaCO3 Lab Filtration Lab Filtration & SM2320B - Titration Acidification Lab Filtration & Acidification Nitrate as N, dissolved Nitrate/Nitrite as N, dissolved Nitrite as N, dissolved Nitrogen, ammonia pH (lab) pH pH measured at Phosphorus, dissolved M365.1 - Auto Ascorbic Acid (digest) M365.1 - Automated Ascorbic Acid M325.2 - Colorimetric SM9222D - Membrane Filter M110.2 M120.1 - Meter SM4500F-C - 4- SM2340B - Calculation SM 3030 B Sm� w► SM 303013 S SM 3030 B Resta, Qua tinitet s MO& 329 12 B 340 -0.5 9.2 9.1 48 0 852 0.4 279 Calculation: NO3NO2 minus NO2 ro 1.33 M353.2 - Automaled Cadmium to 1.33 Reduction M353.2 - Automated Cadmium Reduction M350.1 - Automated Phenate M150.1 - Eleclrometric Phosphorus, ortho dissolved Phosphorus, total Residue, Filterable (IDS) ©180C Sulfate TOS (calculated) TDS (ratio - measured/calculated) Turbidity M365.1 - Auto Ascorbic Acid (digest) SM2540C • Gravimetric SM4500SO4-D 2A41 250 Calculation Calculation M180.1 • Nephelometric U H 11 B f 1 • • mg/L 2 mg/L 2 mg/L 2 mg/L 2 meq/l. 0.1 meq/L 0.1 mg/L 1 8/100mI 1 Co/Pt 5 umhos/cm 1 mglL 0.1 mg/L 1 mg/L mg/L U • mg/L U • mg/L 8.4 H units 210 C U mg/L 0.02 B • mg/L 500 50 495 1.01 1.8 U • mg/L mg/L mg/L mg/L • NTU 20 12/28/05 0:00 tam 20 12/28/05 0:00 20 12/28/05 0:00 20 12/28/05 0:00 tam tam tam 01/09/06 0:00 calc 0.5 01/09/08 0:00 calc 0.5 01/09/08 0:00 calc 5 01103/06 15:25 erf 5 12/21/05 16:00 jlt 5 12/21/05 18:26 jifgll 10 12/28/05 11:47 tarn_ 0.5 01/03/06 17:02 jlf 7 01/09/08 0:00 calc 12/27/05 17:39 tam 12/28/05 12:18 djt 12/28/05 15:48 tarn 0.02 0.1 01/09/06 0:00 calc 0.02 0.1 12/21/05 20:34 pjb 0.01 0.05 12/21/05 20:34 pjb 0.05 0.5 12/29/05 18:12 erf 0.1 0.1 12/28/05 0:00 tam 0.1 0.1 12/28/05 0:00 tam 0.01 0.05 01/05/06 18:48 erf 0.01 0.05 12/21/05 18:06 pjb 0.01 0.05 01/04/06 21:05 erf 10 20 12/27/05 17:30 lam 10 50 01/03/06 12:14 jtf 10 50 01/09/06 0:00 calc 01/09/06 0:00 calc 0.1 0.5 12/21/05 18:04 jrfrjlt REPIN,02.06.05.01 • Please refer to Extended Qualifier Report for detail. 4- Soil Survey of Rifle Area, Colorado, Parts of Garfield and Mesa Counties Orr/Smith Exemption Soils Map Map Unit Legend Summary Rifle Area, Colorado, Parts of Garfield and Mesa Counties Map Unit Map Unit Name Symbol Acres in AOI Percent of AOT 24 Dollard -Rock outcrop, shale, complex, 25 0.1 to 65 percent slopes 0.1 } #�i 'u" d r t � 45 Morval-Tridell complex, 6 to 25 percent 16.9 slopes 68 Vale silt loam, 3 to 6 percent slopes 44.9 19.9 53.0 USDA Nauret Semmes Web Soil Survey 1.1 12/19/2006 ■� Coeeenados service National Cooperative Soil Survey Page 3 of 3 RIFLE AREA, COLORADO 27 led to provide surface drainage outlets for large Mounts of snowmelt. This soil is in capability subclass Vile, nonirrigated. 43—Limon silty clay loam, 3 to 12 percent slopes. This deep, well drained, gently sloping to strongly sloping soil is on alluvial fans and sides of valleys. Elevation ranges from 5,000 to 6,500 feet. This soil formed in fine textured, calcareous sediment derived from shale. The average annual precipitation is about 14 inches, the average annual air temperature is about 48 degrees F, and the average frost -free period is about 125 days. Typically, the surface layer is light brownish gray silty clay loam about 11 inches thick. The underlying material is light brownish gray and light gray silty clay loam to a depth of 60 inches. included with this soil in mapping are small areas of Arvada and Heldt soils that have slopes of 3 to 12 percent. These soils make up 10 to 15 percent of the map unit. Permeability is slow, and available water capacity is moderate. Effective rooting depth is 60 inches or more. Surface runoff is medium, and the erosion hazard is moderate. This soil is used mainly for grazing, wildlife habitat, and some irrigated hay and pasture. This soil is usually irrigated by flooding. This soil takes ater slowly. Length of run and slope should be Care- y determined. This soil compacts easily when wet. Green manure crops and tillage help to maintain filth. The native vegetation on this soil is mainly wheat - grass, sagebrush, and rabbitbrush. When range condition deteriorates, forbs and shrubs increase. When the range is in poor condition, undesira- ble weeds and annual plants are numerous. Properly managing grazing maintains and improves range condi- tion. Reducing brush improves the range. Seeding im- proves range. in poor condition. Western wheatgrass, streambank wheatgrass, and crested wheatgrass are suitable for seeding. Preparing a seedbed and drilling the seed are good practices. Cottontail rabbit, pheasant, and squirrel find habitat on this soil. Use of this soil for community development, for sani- tary facilities, and as a source of construction material is limited by the high clay content, shrink -swell potential, and low strength. Dwellings and roads can be designed to reduce these limitations. This soil is in capability subclasses IVs, irrigated, and Vie, nonirrigated. 44—Morval loam, 3 to 12 percent slopes. This deep, well drained, gently sloping to rolling soil is on mesas and sides of valleys. Elevation ranges from 6,500 to 8,000 feet. This soil formed in reworked alluvium derived m basalt and sandstone. The average annual precipi- ,tion is about 15 inches, the average annual air tem- perature is about 44 degrees F, and the average frost - free period is about 100 days. Typically, the surface layer is brown loam about 5 inches thick. The upper part of the subsoil is brown or light brown clay loam about 12 inches thick, and the lower part is fight brown stony clay loam about 10 inches thick. The substratum is pink stony loam. Included with this soil in mapping are small areas of Villa Grove, Zoltay, and Tridell soils. Villa Grove and Zoltay soils are on the steeper parts of the landscape. Tridell soils have accumulations of calcium carbonate. These areas make up about 15 percent of the map unit. Permeability is moderate, and available water capacity is moderate. Effective rooting depth is 60 inches. Sur- face runoff is slow, and the erosion hazard is slight. This soil is used mainly for grazing. A small acreage is used for hay and pasture (fig. 8). Irrigated areas are used for alfalfa, grass -legume mixtures, and oats or barley. Flooding, furrows, and sprinklers are suitable for irri- gating this soil. Flooding is well suited to alfalfa, pasture, hay, and small grains. Sprinklers minimize soil loss. The native vegetation on this soil is mainly need- leandthread, wheatgrass, and sagebrush. When range condition deteriorates, forbs and shrubs increase. When the range is in poor condition, undesira- ble weeds and annual plants are numerous. Properly managing grazing maintains and improves range condi- tion. Reducing brush improves the range. Seeding im- proves range in poor condition. Pubescent wheatgrass, western wheatgrass, and big bluegrass are suitable for seeding. Preparing a seedbed and drilling the seed are good practices. Cottontail rabbit, mule deer, and grouse find habitat on this soil. Community development and recreation are limited by shrink -swell potential, frost action, and low strength. This soil is in capability subclass 1Ve, irrigated and nonirrigated. 45—Morval-Tridell complex, 6 to 25 percent slopes. These moderately sloping to hilly soils are on alluvial fans and sides of mesas. Elevation ranges from 6,500 to 8,000 feet. The soils formed in reworked allu- vium derived from basalt and sandstone. The average annual precipitation is about 15 inches, the average annual air temperature is about 44 degrees F, and the average frost -free period is about 100 days. The Morval soil makes up about 55 percent of the unit, and the Tridell soil makes up about 30 percent. The Morval soil is on the Tess sloping parts of the landscape, and the Tridell soil is on the sides of mesas. The Morval soil is deep and well drained. Typically, the surface layer is brown loam about 5 inches thick. The upper part of the subsoil is brown and Light brown clay loam and stony clay loam about 12 inches thick, and the lower part is light brown stony clay loam about 10 inches thick. The substratum is pink stony loam. 28 SOIL SURVEY Permeability of the Morval soil is moderate, and availa- ble water capacity is moderate. Effective rooting depth is 60 inches. Surface runoff is medium, and the erosion hazard is moderate. The Tridell soil is deep and well drained. Typically, the surface layer is brown stony loam 10 inches thick. The upper part of the underlying material is brown very stony loam 11 inches thick, and the lower part is pinkish white very stony loam to a depth of 60 inches. Permeability of the Tridell soil is moderately rapid, and available water capacity is low. Effective rooting depth is 60 inches. Surface runoff is medium, and the erosion hazard is moderate. Included with these soils in mapping are small areas of Villa Grove and Zoltay soils on the steeper parts of the landscape. These areas make up about 15 percent of the map unit. These soils are used mainly for grazing. The native vegetation on the Morval soil is mainly needleandthread, wheatgrass, and sagebrush. The native vegetation on the Tridell soil is mainly pinyon, Utah juniper, and some Rocky Mountain juniper and an understory mostly of wheatgrass, Indian ricegrass, need- leandthread, junegrass, serviceberry, bitterbrush, moun- tainmahogany, and big sagebrush. hen range condition deteriorates, forbs and shrubs ase. Properly managing grazing maintains and im- es range condition. Seeding improves range in poor ..ondition on gently sloping Morval soils. Bluebunch wheatgrass, western wheatgrass, and needleandthread are suitable for seeding. Preparing a seedbed and drilling the seed are good practices. Reducing brush improves range that is producing more shrubs than are normally found in the potential plant community. Properly manag- ing the vegetation on the Tridell soil maintains wood production and grazing. Selectively thinning pinyon and juniper improves grazing and provides firewood, posts, and Christmas trees. The Tridell soil is suited to production of pinyon and Utah juniper. It can produce 8 cords of wood per acre when trees more than 4.5 feet tall reach an average diameter (at one foot) of 5 inches. Special care is needed to prevent erosion during harvest. The low avail- able water capacity affects survival of seedlings. Mule deer, wild turkey, and squirrel find habitat on these soils. Community development is limited by large stones. Cut slopes are difficult to revegetate because of the stones and because of the shrink -swell potential and frost action of the Morval soil. This complex is in capability subclass Vie, nonirrigated. 46--Nlhill channery loam, 1 to 6 percent slopes. iirldeep, well drained, nearly level to gently sloping soil alluvial fans and sides of valleys. Elevation ranges 5,000 to 6,500 feet. The soil formed in alluvium ,erived from Green River shale and sandstone. The average annual precipitation is about 13 inches, the average annual air temperature is about 48 degrees F, and the average frost -free period is about 125 days. Typically, the surface layer is light gray and very pale brown channery loam about 11 inches thick. The upper part of the underlying material is very pale brown very channery loam about 14 inches thick, and the lower part is very pale brown extremely channery sandy loam and extremely channery loam to a depth of 60 inches. Included with this soil in mapping are small areas of Arvada and Ildefonso soils. The Arvada soils are nearly level, and Ildefonso soils are steeper. These areas make up 10 to 15 percent of the map unit. Permeability is moderately rapid, and available water capacity is low. Effective rooting depth is 60 inches. Surface runoff is slow, and the erosion hazard is moder- ate. This soil is used mainly for grazing and wildlife habitat. Some small areas are in irrigated hay and pasture. This soil is usually irrigated by flooding. Sprinklers are also suitable. Since this soil is droughty, frequent irriga- tion is needed to grow hay or pasture. Drop structures in irrigation ditches prevent ditch erosion. Keeping the irri- gation run short prevents too deep percolation. The native vegetation on this soil is mainly wheat - grass, needleandthread, and sagebrush. When range condition deteriorates, forbs and shrubs increase. When the range is in poor condition, undesira- ble weeds and annual plants are numerous. Properly managing grazing maintains and improves range condi- tion. Reducing brush improves the range. Seeding im- proves range in poor condition. Crested wheatgrass, western wheatgrass, and Russian wildrye are suitable for seeding. Preparing a seedbed and drilling the seed are good practices. Mule deer, cottontail rabbit, chukar, and squirrel find habitat on this soil. This soil has few limitations for community develop- ment. Community sewage facilities will be needed if pop- ulation density increases. This soil is in capability subclasses IVe, irrigated, and VIe, nonirrigated. 47—N1hi1l channery loam, 6 to 25 percent slopes. This deep, well drained, moderately sloping to hilly soil is on alluvial fans and sides of valleys. Elevation ranges from 5,000 to 6,500 feet. This soil formed in alluvium derived from Green River shale and sandstone. The average annual precipitation is about 13 inches, the average annual air temperature is about 48 degrees F, and the average frost -free period is about 125 days. Typically, the surface layer is light gray and very pale brown channery loam about 11 inches thick. The upper part of the underlying material is very pale brown very channery loam about 7 inches thick, and the lower pad is very pale brown extremely channery sandy loam and extremely channery loam to a depth of 60 inches. 106 SOIL SURVEY TABLE 7. --BUILDING SITE DEVELOPMENT --Continued Soil name and map symbol Shallow excavations 1 Dwellings without basements 1 Dwellings1 Small with ' commercial basements 1 buildings Local roads and streets : 1 ! I 1 1 4 I 1 43 'Moderate: :Severe: :Severe: ;Severe: ;Severe: Limon : too clayey. ' shrink -swell. I shrink -swell. 1 shrink -swell. I low strength, 1 I 1 1 1 shrink -swell. ; 1 1 ' 1 44 :Slight 'Moderate: 'Moderate: :Moderate: :Moderate: Morval: 1 shrink -swell. I shrink -swell. I slope, ' low strength, : 1 11 shrink -swell. 1 shrink -swell, : 1 1 1 I frost action. 11 1 1 1 1 Morval---' ;Moderate: :Moderate: :Moderate: 'Severe: :Moderate: 1 slope. 1 shrink -swell, 1 shrink -swell, 1 slope, : low strength, 1 1 slope. 1 slope. 1 1 shrink -swell, 11 1 slope. 1 1 1 : 1 Tridell (Severe: !Severe: :Severe: :Severe: 'Severe: ! slope, 1 slope, 1 slope, 1 slope, I slope, 1 large stones. I large stones. : large stones. 1 large stones. 1 large stones. 1 1 1 1 1 46 'Severe: :Slight !Slight :Slight :Slight. Nihil! : cutbanks cave. 1 1 1 ` 1 1 1 1 1 1 1 47 'Severe: :Severe: :Severe: :Severe: 'Severe: Nihil! : slope, 1 slope. 1 slope. : slope. 1 slope. : cutbanks cave. 1 1 1 1 1 1 11 ' 48 ;Severe: 'Severe: ;Severe:'severe: :Severe: Northwater 1 slope. : slope. 1 slope. 1 slope. I slope. 1 1 1 1 1 40110 49 Olney 'Slight :Slight 'Slight :Slight :Slight. : 1 I I ' 1 1 1 1 • 50 Slight :Slight :Slight :Slight 'Slight. Olney ' 1 ' : 1 1 1 1 1 51 Moderate: 'Moderate: :Moderate: :Severe: :Moderate: Olney I slope. I slope. : slope.1 slope. 1 slope. I 1 1 I 1 52 :Severe: :Severe: ;Severe: 'Severe: :Severe: Parachute 1 slope, ' slope. ; slope, ' slope. 1 slope. 1 depth.to rock. 1 1 depth to rock. 1 1 1 1 1 1 1 1 53*: 1 1 1 1 1 Parachute 'Severe: :Severe: :Severe: :Severe: 'Severe:. 1 slope, I slope. 1 slope, 1 slope. I slope. I depth to rock. 1 1 depth.to rock. 1 1 ' 1 1 1 1 Rhone :Moderate: :Moderate: :Moderate: :Severe: :Moderate: : slope, I slope, : slope, 1 slope. 1 slope, 1 depth to rock. 1 shrink -swell. 1 depth to rock, 1 1 frost action, 1 1 1hrink-swell. ! ' shrink -swell. 1 1 I 1 1 1 54 :Slight :Slight !Slight :Slight 'Slight. Potts ' : 1 1 1 : 1 ! 1 55 'Slight 'Slight :Slight 'Moderate: :Slight. 1 Potts 1 1 I 1 slope, . : : 1 56 :Moderate: !Moderate: 'Moderate: :Severe: ;Moderate: Potts 1 slope. : slope. I slope. 1 slope. ' slope. 1 1 1 1 1 1 57": 1 1 1 I 1 Potts :Slight ;Slight !Slight 'Moderate: 'Slight. 1 1 : 1 slope. ' 1 1 1 1 1 Ildefonso !Severe: !Severe: Severe: 'Severe: ;Severe: 1 large stones. 1 large stones. 1 large stones. 1 slope, 1 large stones. 1 1 1 1 large stones. 1 ' ' 11 1 See footnote at end of table. • =LE AREA, COLORADO 111 TABLE B. --SANITARY FACILITIES --Continued 111hame and .p symbol r 1 1 1 Septic tank I- Sewage lagoon I Trench I Area absorption 1 areas ; sanitary ; sanitary fields ; : landfill 1 landfill Daily cover for landfill 1 !Severe: erry ; peros slowly, slope. :Moderate: ; peros slowly. 1 1 !Moderate: Cim I slope, peros slowly. ? Severe: Lamphier slope. 3 Limon 4 Morval 5*: Morval - - :Severe: percs slowly, I slope. :Moderate: peres slowly, slope. 1 1 1 T 1 ; 1 1 (severe: :Severe: :Severe: (Poor: I slope. ! slope. 1 slope. 1 slope. : ; 1 1 1 1 : !Moderate: !Slight ;Slight 1 ;Good. I slope, 1 1 1 1 seepage. 1 i 1 : 1 1 I 1 1 :Severe: !Slight!Moderate: :Fair: slope. ; 1 slope. 1 slope. 1 1 1 1 ' 1 1 ' !Severe: !Severe: ;Severe: ;Poor: I slope. 1 slope. ; slope. I siope. 1 1 ;Moderate: ;Severe: ;Slight Poor: 1 slope. I too clayey. : too clayey. 1 1 I I 1 I 1 :Severe: (Moderate: ;Slight ;Fair: slope. I too clayey. 1 1 too clayey. 1 i 1 1 1 1 ; 11 1 1 1 1 1 1 Moderate: ISevere: :Moderate: ;Moderate: :Fair: peros slowly, I slope. I too clayey. I slope. ; slope, slope. 1 1 1 1 too clayey. I I 1 I ;Severe: (Severe: !Severe: ;Poor: I seepage, ; seepage, I slope, I slope, I slope, I large stones. I seepage. 1 large stones. I large stones. 1 1 ; 1 ` { ; 1 !Severe: :Severe: :Severe: ;Poor: seepage. I seepage.1 seepage. ' email stones. 1 ; 1 1 :Severe: ;Severe: 'Severe: :Poor: : slope, ; seepage. 1 slope, 1 slope, 1 seepage. : 1 seepage. small stones. 1 1 1 i 1 1 :Severe: :Severe: 'Severe: Poor: : slope. ; slope, 1 slope. slope. rock. 1 1 depth to rock. 1 1 11 1 1 1 1 1 1 Moderate: :Moderate: :Slight 'Slight ;Fair: I seepage, 1 1 I small stones. I slope. 1 ; ; 1 1 1 1 1 . 1 Moderate: :Severe: ;Slight ;Moderate: (Fair: peros slowly, ' slope. ' ' slope. : small stones, slope. 1 1 1 : siope. , 1 1 1 I 1 1 1 Severe: ;Severe: ;Severe: :Severe: iir:i.T. slope, 1 slope, 1 slope, 1 slope, ,depth to rock. ; depth to rock, I depth to rock, 1 seepage. stones, 1 seepage. ; seepage. 1 1 area reclaim. 1 1 1 1 11 1 1 1 1 1 f Severe: !Severe: ;Severe: !Severe: !Poor: slope, ' slope, : depth to rock, 1 slope, 1 slope, depth to rock. I depth to rock, I seepage. 1 seepage. I small stones, 1 seepage. 1 I 1 area reclaim. 11 1 F 1 1 Severe: :Severe: ;Severe: :Moderate: :Fair: depth to rock. I slope. I depth to rock. 1 slope. ; small stones, 1 ' 1 I thin layer, 1 1 11 slope. 1 1 1 Tridell Severe: slope, 4111 1 large stones. ; 1 4t ;Slight Ninill : 1 .17 'Severe: Nihill 1 slope. 48 'Severe: Northwater 1 slope, 1 depth to 119, 50 Olney 51 Olney 52 Parachute 53*: Parachute Rhone 1 pep -es slowly. 49 footnote at end of table. E AREA, COLORADO 117 TABLE 9. --CONSTRUCTION MATERIALS --Continued Soi ame and ymbol Roadfill Sand Gravel Topsoil Ty Thier ion •v al val----� dell ill thwater 50 ey ey achute achute ne ;Poor: : shrink -swell, 1 slope, I low strength. ;Fair: low strength. !Fair: 1 low strength. Poor: 1 slope. ;Poor: I low strength, ' shrink -swell. 1 'Fair: ! low strength, shrink -swell, r frost action. 'Fair: 1 low strength, I shrink -swell, 1 frost action. (Poor: 1 large stones. 'Good r ( 1 I i :Unsuited Unsuited ;Poor: ! I slope, I ! I too clayey, I ; i large stones. ; I I ;Unsuited !Unsuited !Good. : 1 1 ! i 1 !Unsuited :Unsuited ;Fair: ! ; 1 slope. ,! I I . !Unsuited !Unsuited ;poor: I I slope. I ! :Unsuited !Unsuited ;Poor: ! : ' too clayey. i 1 I !Unsuited !Unsuited 1Good. ; I I 1 I I 1 1 . 1 1 1 :Unsuited !Unsuited ;Fair: I 1 I slope. 11 , 1 1 1 1. I I IUnsuited !Unsuited !Poor: 1 1 I slope, ; 1 1 large stones. I ! ;Unsuited !Unsuited ;Poor: ! 1 I small stones, 1 ; I area reclaim. 1 1 i 1 i Fair: IUnsuited !Unsuited !Poor: slope. . . I slope, : ! I small stones, ' : 1 area reclaim. 1 1 1 Poor: ;Unsuited :Unsuited ;Poor: slope. ! : I slope. ! I : :Unsuited :Unsuited (Fair: i ! 1 small stones. 1 I : !Unsuited !Unsuited ;Fair: 1 ! 1 small stones, I I I slope. 1 1 ! ;Unsuited !Unsuited (Poor: ( I I slope, 1 1 1 area reclaim. I 1 ; ! ! 1 1 1 I !Unsuited !Unsuited ;Poor: ; I slope, 1 I 1 area reclaim. I 1 I IUnsuited :Unsuited ;Fair: 1 ! ! slope, 1 I 1 small stones. 1 ! 1Fair: 1 low strength. :Fair: 1 low strength. 1Poor: 1 slope, 1 thin layer, area reclaim. :Poor: thin layer, 1 area reclaim. 1Fair: I thin layer, low strength. See footnote at end of table, 7 RIFLE AREA, COLORADO 37 alltTorriorthents-Camborthids-Rock outcrop com- , steep. This broadly defined unit consists of ex- posed sandstone and shale bedrock, loose stones, and soils that are shallow to deep over sandstone and shale bedrock and stony basaltic alluvium. This complex occurs throughout the survey area. The soils and out- crops are moderately steep to very steep. Slope ranges from 15 to 70 percent. Torriorthents make up about 45 percent of the com- plex, Camborthids make up 20 percent, and Rock out- crop makes up 15 percent. The Torriorthents are on foothills and mountainsides below Rock outcrop. The moderately steep Camborthids are on lower toe slopes and concave open areas on foothills and mountainsides. Torriorthents are shallow to moderately deep. They are generally clayey to loamy and contain variable amounts of gravel, cobbles, and stones. The surface is normally covered with stones weathered from the higher - lying Rock 'outcrop. South of the Colorado River, basaltic stones and cobbles are on the surface. Camborthids are shallow to deep. They are generally clayey to loamy and have slightly more clay in the sub- soil than in the surface layer. The surface layer is light colored. The profile is normally free of stones, but scat- tered basalt stones, cobbles, and sandstone fragments are on the surface. The Rock outcrop is mainly Mesa Verde sandstone alpd Wasatch shale. Some areas are covered with basal - boulders and stones. Small areas of limestone out ps and exposed gypsum are in the eastern part of the survey area. Included in mapping are small, isolated areas of Ilde- fonso, Lazear, Ansari, Begay, Heidi, and Dollard soils. These intermittent areas make up 10 to 20 percent of this map unit. This complex is used for grazing, wildlife habitat, and recreation. The stones on the surface and the steep slopes make this complex unsuitable for crops. Some areas can be reseeded to pasture by broadcast seeding. Other plant- ing methods are made difficult by the stones and slopes. The native vegetation includes wheatgrasses, blue - grasses, Indian ricegrass, needlegrasses, bitterbrush, mountainmahogany, sagebrush, and an overstory of pinyon and juniper. The value of grazing is fair. The vegetation should be managed to maintain wood production and limited graz- ing. Selectively thinning the pinyon and juniper improves grazing and provides firewood and posts. Steep slopes, moderate to severe erosion hazard, and slow regrowth of trees affect harvesting and management. Most of this complex is a prime wintering area for deer. Rabbits, coyote, and a few elk also find food and cover on this complex. Building is limited by steep slopes and stoniness. ese limitations can be overcome by appropriate ign and construction. This complex is in capability subclass Vile, nonirrigat- ed. 67—Torriorthents-Rock outcrop complex, steep. This broadly defined unit consists of exposed sandstone and shale bedrock and stony soils that are shallow to moderately deep over sandstone and shale and stony basaltic alluvium. Areas of this complex occur throughout the survey area. The soils and outcrops are moderately steep to very steep. Slope ranges from 15 to 70 percent. Torriorthents make up about 60 percent of this com- plex, and Rock outcrop makes up 25 percent. The Tor- riorthents are on foothills and mountainsides below the Rock outcrop. Torriorthents are generally clayey to loamy and con- tain variable amounts of gravel, cobbles, and stones. The surface is normally covered with stones weathered from the higher -lying ,Rock outcrop. South of the Colora- do River, stones and cobbles of basalt are on the sur- face. The Rock outcrop is mainly Mesa Verde sandstone and Wasatch shale. Some areas are covered with basal- tic boulders and stones. Small areas of limestone out- crops and exposed gypsum are in the eastern part of the survey area. Included in mapping are small isolated areas of llde- fonso, Lazear, Ansari, Gaynor, Tridell, and Nihill soils. These intermittent areas make up 10 to 15 percent of this map unit. This complex is used for limited grazing, wildlife habi- tat, and recreation. Because of the stones on the surface, the Rock out- crop, and the steep slope, this complex is unsuited to crops. The native vegetation includes wheatgrass, bluegrass, Indian ricegrass, needlegrass, bitterbrush, sagebrush, mountainmahogany and an overstory of pinyon and juni- per. The vegetation should be managed to maintain wood production and limited grazing. Selectively thinning the pinyon and juniper improves grazing and provides fire- wood and posts. Steep slopes, moderate to severe ero- sion hazard, and slow regrowth of trees affect harvesting and management. Most of this complex is a prime wintering area for deer. Rabbits, coyote, and a few elk also find food and cover on this complex. Community development is limited by the Rock out- crop, steep slopes, and stoniness. These limitations can be overcome by appropriate design and construction. This complex is in capability subclass Vile, nonirrigat- ed. 3 68—Vale silt loam, 3 to 6 percent slopes. This deep, well drained, gently sloping soil is on mesas, terraces, and alluvial fans. Elevation ranges from 5,000 to 7,200 feet. This soil formed in calcareous eolian material. The 38 i .kirage annual precipitation is about 14 inches, the average annual air temperature is about 48 degrees F, and the average frost -free period is about 120 days. Typically, the surface layer is brown silt loam about 7 inches thick. The subsoil is brown silt loam and silty clay loam about 19 inches thick. The substratum is pink silt loam to a depth of 60 inches. Included with this soil in mapping are small areas of Morval soils that have slopes of 3 to 6 percent. These areas make up 5 to 10 percent of the map unit. Permeability is moderate, and available water capacity is high. Effective rooting depth is more than 60 inches. Surface runoff is medium, and the erosion hazard is moderate. This soil is used mainly for irrigated crops and hay. Small grains, corn, potatoes, alfalfa, and grass hay are grown. Small areas are used for grazing. This soil is usually irrigated by flooding, but furrows or sprinklers are also used. The native vegetation on this soil is mainly need- leandthread, wheatgrass, muttongrass, and sagebrush. When range condition deteriorates, forbs and shrubs increase. When the range is in poor condition, undesira- ble weeds and annual plants are numerous. Properly managing grazing maintains and improves range condi- Reducing brush improves the range. Seeding im- s range in poor condition. Pubescent wheatgrass, „stern wheatgrass, and big bluegrass are suitable for seeding. Preparing a seedbed and drilling the seed are good practices. Cottontail rabbit, mourning dove, wild turkey, and mule deer find habitat on this soil. Community development and recreation are limited by low strength and clayey texture. Roads, ditches, and building foundations can be designed to compensate for these limitations. This soil is in capability subclass Isle, irrigated and nonirrigated. 69—Vale silt loam, 6 to 12 percent slopes. This deep, well drained, moderately sloping to rolling soil is on mesas, benches, and alluvial fans. Elevation ranges from 5,000 to 7200 feet. This soil formed in calcareous eolian material. The average annual precipitation is about 14 inches, the average annual air temperature is about 48 degrees F, and average frost -free period is about 120 days. Typically, the surface layer is brown silt loam about 7 inches thick. The subsoil is brown silt loam and silty clay loam about 19 inches thick. The substratum is pink silt loam to a depth of 60 inches. Included with this soil in mapping are small areas of Morval soils that have slopes of 6 to 12 percent. These make up 5 to 10 percent of the map unit. meability is moderate, and available water capacity nigh. Effective rooting depth is more than 60 inches. SOIL SURVEY Surface runoff is medium, and the erosion hazard is moderate. This soil is used mainly for irrigated crops and hay. Small grains, corn, potatoes, alfalfa, and grass hay are grown. Some areas are used for grazing. This soil is usually irrigated by flooding, but furrows or sprinklers are also used. The native vegetation on this soil is mainly need- leandthread, wheatgrass, muttongrass, and sagebrush. When range condition deteriorates, forbs and shrubs increase. When the range is in poor condition, undesira- ble weeds and annual plants are numerous. Properly managing grazing maintains and improves range condi- tion. Reducing brush improves the range. Seeding im- proves range in poor condition. Pubescent wheatgrass, western wheatgrass, and big bluegrass are suitable for seeding. Preparing a seedbed and drilling the seed are good practices. Cottontail rabbit, mourning dove, wild turkey, and mule deer find habitat on this soil. Community development and recreation are limited by low strength, clayey texture, and slope. Roads, ditches, and building foundations can be designed to compen- sate for these limitations. This soil is in capability subclass IVe, irrigated and nonirrigated. 70—Vale silt loam, 12 to 25 percent slopes. This deep, well drained, strongly sloping to hilly soil is on mesas, mesa sides, and alluvial fans. Elevation ranges from 5,000 to 7,200 feet. This soil formed in calcareous eolian material. The average annual precipitation is about 14 inches, the average annual air temperature is about 48 degrees F, and the average frost -free period is about 120 days. Typically, the surface layer is brown silt loam about 7 inches thick. The subsoil is brown silt loam and silty clay loam about 19 inches thick. The substratum is pink silt loam to a depth of 60 inches. included with this soil in mapping are small areas of Morval soils that have slopes of 12 to 25 percent. These areas make up 10 to 18 percent of the map unit. Permeability is moderate, and available water capacity is high. Effective rooting depth is more than 60 inches. Surface runoff is medium, and the erosion hazard is severe. This soil is used mainly for wildlife habitat, recreation, some hay, and grazing. The native vegetation on this soil is mainly need- leandthread, wheatgrass, muttongrass, and sagebrush. When the range is in poor condition, undesirable weeds and annual plants are numerous. Properly manag- ing grazing maintains and improves range condition. Re- ducing brush improves the range. Seeding improves range on the more gently sloping areas, if it is in poor condition. Pubescent wheatgrass, western wheatgrass, .E AREA, COLORADO 107 TABLE 7. --BUILDING SITE DEVELOPMENT --Continued i me and symbol Shallow excavations Dwellings without basements Dwellings with basements Small commercial buildings Local roads and streets , 59*: i tts :Severe: Severe: Severe: Severe: ;Severe: 1 slope. slope. slope. slope. I slope. 1 1 4 I 1 1 defonso :Severe: Severe: Severe: Severe: :Severe: I slope, ; slope, slope, slope, 1 slope, 1 large stones. ; large stones. large stones. large stones. 1 large stones. ; i ; 61 :Severe: Severe: Severe: ;Severe: ;Severe: one I slope. ; slope, slope. 1 slope. I slope. : I I .• : i 4 ; ek outcrop. ; : ; I i I I Triorthents. 1 1 : 1 , 1 1 I 1 1 :Moderate: ' Severe: Severe: ;Severe: :Severe: .las I floods. 1 floods. floods. 1 floods. I floods. 1 1 1 1 1 1 1 1 ;Severe: Severe: Severe: ;Severe: ;Severe: Inna I slope. I slope. slope. I slope. I slope, 1 1 : 1 low strength. 4 : ; : 1. 11 1 1 4 1 I 1 )rrifluvents 1 : ; : 1 : ; ,rriorthents. 1 I amborthids. ocjcrop. r 0. .irthents. ock outcrop. :Slight ale 1 -:Moderate: ale 1 slope. ;Severe: 'ale 1 slope. I*: Ulla Grove ;Severe: I slope. T.oltay :Severe: I slope. 1 2 :Severe: Wann 1 wetness. Slight Moderate: slope. Severe: slope. Severe: slope. Severe: slope, shrink -swell. Severe: floods. Slight Moderate: slope. ;Moderate: 1 slope. Severe: slope. Severe: ;Severe: slope. 1 slope. Severe: ;Severe: slope. I slope. • Severe: :Severe: slope, 1 slope, shrink -swell. I shrink -swell. Severe: ;Severe: floods, 1 floods. wetness. ;Moderate: 1 low strength. ;Moderate: 1 slope, I low strength. :Severe: ' slope. Severe: slope, low strength. Severe: slope, low strength, shrink -swell. Severe: floods, frost action. * See description of the map unit for composition and behavior characteristics of the map unit. 7 E AREA, COLORADO 113 TABLE B. --SANITARY FACILITIES --Continued 1 1 of a and I Septic tank 1 Sewage lagoon I Trench 1 Area Daily cover m mbol ; absorption I areas I sanitary 1 sanitary : for landfill fields [ 1 landfill 1 landfill 1 1 [ 1 l 1 l 7 ;Moderate: ;Moderate: ;Moderate: :Slight :Fair: e 1 peres slowly. 1 seepage, I too clayey. I I too clayey. ; 1 slope. 1 1 ; I I [ 1 ; ;Moderate: :Severe: :Moderate: :Moderate: ;Fair: .e I slope, I slope. 1 too clayey. I slope. I slope, 1 peres slowly. 1 : 1 : too clayey. [ : : ; ; ;Severe: :Severe: ;Moderate: :Severe: ;Poor: le I slope. I slope. I slope, 1 slope. I slope. ; I I too clayey. I : $ I I ; I . ; 1 1 I 1 Lia Grove ;Severe: ;Severe: ;Severe: ;Severe: ;Poor: 1 slope. I slope, I seepage. 1 slope, : slope. ; I seepage. i I seepage. $ ltay [Severe: ;Severe: Severe: :Severe: ;Poor: I slope, 1 slope. [ too clayey. I slope. I slope, peres slowly. I [ ; 1 too clayey. ;Severe: :Severe: Severe: ;Severe: ;Good. nn I wetness, 1 seepage, : floods, 1 floods, 1 ; floods. : wetness, ; wetness, I wetness, ; I 1 floods. 1 seepage. I seepage. ; ; ; I 1 I F See description of the map unit for composition and behavior characteristics of the map unit. • kREA, COLORADO 119 TABLE 9. -^CONSTRUCTION MATERIALS --Continued ill and ; Roadfill rbol 1 ; i Sand ' : : 1 1 Gravel Topsoil I ; : i ;Poor: :Unsuited low strength, i :Poor: ;Unsuited I low strength. . I [ (Fair: :Unsuited low strength, ; I slope. : 1 1 I I 1 Grove [Poor: :Unsuited I low strength. : : ; ay :Poor: :Unsuited low strength, : : shrink -swell. ; 1 I :Fair: :Unsuited I low strength, ; wetness. I ; [ 4 : ;Unsuited :Unsuited ;Unsuited ;Unsuited 1 :Unsuited :Unsuited ;Good. ;Fair: ; slope. Poor: slope. :Poor: 1 slope. :Poor: I slope, small stones. ;Good. [ See description of the map unit for composition and behavior characteristics of the map unit. • Page 1 of 1 John L. Taufer From: Orrin Moon[orrin.moon@burningmountainsfire.org] Sent: Monday, February 22, 2010 10:48 AM 'John L. Taufer' 'chief 800' Subject: Orr/Smith Property Exemption John: Chief Brit Mclin and myself have reviewed the Orr/Smith Subdivision Exemption Plat, and have found no reason to change the requirement for on —site water storage for fire protection purposes. The owners have agreed to install and maintain (2) -6,000 storage tanks with total water storage capacity of 12,000 gallons . The owners advise that the tanks will be located within a dedicated utility, emergency service, and fire access easement. Thank You, Orrin D. Moon Assistant Fire Marshal Burning Mountains Fire Protection District P.O. Box 2 Silt, CO 81052 2/22/2010 ORRISMITH EXEMPTION Property Owners Within 200' of Property Parcel # 218330400055 Floyd D. & Jennifer S. Hostetler 7192 County Road 312 New Castle, Colorado 81647 Parcel # 218329300056 Lonnie R., Alice J. & Stacey Stott 251 Emma Road Basalt, Colorado 81621 Parcel # 218331100009 Daniel W. & Lisa Jenkins 7129 County Road 312 New Castle, Colorado 81647 Parcel # 218332200011 Donald Trisch Jr, P.O. Box 290512 Kerrville, Texas 78029-0512 Parcel # 218319400081 Garfield Creek, LLC c/o Foram Group 777 Brickell Avenue Ste. 808 Miami, Florida 33131 Parcel # 218331100956 Bureau of Land Management 2300 River Frontage Road Silt, Colorado 81652 There are no recorded mineral rights owners on the property although 1 mineral rights owner is listed for the S %2 SE'/ of Section 30 but is listed for Parcel 2183 304 00 056 which is the excepted parcel owned by Floyd & Jennifer Hostetler, which is located in the southeast corner of Section 30 Oust Grn.rr.riM inarwrat • a ZINCt-.-: • 1 Litt 17 11 2A 1,v) H4no so LI( 4 21 t::;5 Oa1r.cL 31 00 It 011 B.LM. • 957 Boundary ?�l�,�j��l0000q Boundary 44e.6•04-4 ZL, L'1 U.S. Postal ervicerh, CERTIFIED MAILTm RECEIPT (Domestic Mall Only; No Insurance Coverage Provided) For delivery Information visit our website at www,usps.eomo NEW CICO 01(;7.. Postage Certifi Fee Return (Endorsement pt Restricted Delve Fee q (Endorsement Required) ▪ D Total Postage & Fees ru 7032 7040 r1 Return Receipt Fee D {Endorsement Required) Restricted Delivery Fee (Endorsement Required) --1:1 Total Postage & Fees ru Sent To Srlreel,Nay .F • • Ap?. No ... --- Fy - ..... or PO 80...... x No. ►Ctyr• - a.rd Stale, ZIP+4 ---•-- - • -----.-..0-e-s,( 4, 4-i PS Form 3800, August 2006 U.S. Postal Servicen, CERTIFIED MAILTL,, RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery Information visit our website at www,usps.coma CASTLE CO 8154' Postage Certified Fee r- D D r- r - t.1) D r4 0001 7032 rl G RJ iti D rt Sent To ►�ltrti4Y. l gtreat, Apt. No.; $ $0.61 or PO Box No, -1I-1 7 CO, State, 2712+4! Y i I/\4..s PS Form 3800, Angus: 2006 $2.80 $22.30 $0.00 $5.71 0538 l tur Ser Reverse for dc,structionS U.S. Postal ServiceTf,, CERTIFIED MAILrr., RECEIPT (Domestic Mall Only; No insurance Coverage Provided) For delivery Information visit our website at www,usps.com6 Postage Ceitled Fee Return Re (Endorsement Restricted Doll{tary Fee (Endorsement Required) Total Postage & Fees Sent To Street, Apt. No.; or PO Box No. "Tin j?). City, State, ZIP+4 444 riot lit PS Form 3800, August 2006 ee Reverse for Instructions tI m Q r- (-9 D Return Receipt Fee I i (Endorsement Required) Restricted Delivery Fee D (Endorsement Required) D Total Postage 8 Fees nu U.S. Postal Service.:, CERTIFIED MAIL, RECEIPT (Domestic Mall Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps•com,; KERRVILLE TX 78029 Postage Certified Fee C7 rn m D 0001 7032 -D ru Fs - II D Sent To 90~.4.1. � Street. Api. No.: p or PO Box No, 1.o City, State, ZIP+4 8 $4.61 'II :II S,o ti V) $0.00 $5.71 A 431 A PS Form 3800, August 2006 -nolo �t2. •Te. Le -i IN el Zoe - Kt See Reverse for Instructions U.S. Postal Service,, CERTIFIED MAIL, RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.0 Postag Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees 05i/2010 Sent To vrn Street Apt. No.; .. or PO Box No. 2. pi City, State, ZIP+4 . , t PS Form 3800, August 2006 1tcg2 See Reverse for Instructions U.S. Postal Service,., • CERTIFIED MAIL,,,, RECEIPT (Domestic Mail Only; No insurance Coverage Provided) For delivery information visit our website at www,usps.com,r T, CO 816 Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees $0.61 $2.80 $2.30 $0.00 $5.71 B ENW Postmark Here Cv r.� tr1 Sent To Street, Apt. No.; or PO Box No. loic City, State, ZIP+4 vtw feetw. PS Form 3800. August 2006 See Reverse for Instructions 7 / J 0 i . / 0 RIGHT-OF-WAY DEED Lacy Orr and Gil Smith, owners in fee of the real property hereinafter described, for good and valuable consideration, the receipt and sufficiency of which are hereby confessed and acknowledged, hereby grants and conveys to the Board of County Commissioners of Garfield County, Colorado, Grantee, without warranty of title, a public road right-of-way over and across that real property in the County of Garfield, State of Colorado, to wit: see Exhibit A attached hereto and incorporated herein by reference Subject to easements in place and in use and reserving any and all minerals and the right to use the subsurface thereof, provided such use does not interfere with the use of the entire surface of public roadway purposes. In witness whereof, Grantor has executed this document the day of , 2010. Lacy Orr STATE OF COLORADO COUNTY OF GARFIELD Gil Smith ) ss. The foregoing instrument was acknowledged before me this day of , 2010, by Lacy Orr and Gil Smith. Witness my hand and official seal. My Conunission expires: Notary Public Accepted as a public and county road right-of-way by resolution of the Board of County Commissioners of Garfield County, Colorado adopted the day of , 2010. ATTEST: BOARD OF COUNTY COMMISSIONERS By County Clerk Chairman SURVCO, INC. RTK GPS and Conventional Land Surveying Services Road Right of Way Legal Description Garfield County Road No. 312 Orr -Smith Subdivision Exemption A tract of land to be used for Right of Way purposes for Garfield County Road No. 312, said tract of land being situated in the S1/2SE1/4 of Section 30, Township 6 South, Range 90 West of the 6"' P.M., County of Garfield, State of Colorado, said Right of Way encumbering the following described tract of land as follows: (Bearings as recited in this description are based upon the South line of said S1/2SE1/4 as having a RTK GPS observed bearing of N.89°16'40"W. Monumentation found in the field at the Southwest corner of said S1/2SE1/4 is a rebar and aluminum cap PLS No. 19598 found in place and at the Southeast corner of said S1/2SE1/4 is a rebar and plastic cap, PLS No. 19598 found in place.) Beginning at the point of intersection of the West line of said S1/2SE1/4 and the Northerly Right of Way of said Garfield County Road No. 312 from whence the Northwest corner of said S1/2SE1/4 bears N00°43'40"W. 341.31 feet, said Northwest corner being monumented with a rebar and aluminum cap, PLS No. 19598 being found in place; Thence along said Northerly Right of Way the following 16 courses and distances: 1) Thence S.68°33'42"E. 445.32 feet; 2) Thence S.55°45'01"E. 178.12 feet; 3) Thence S.64°05'04"E. 196.06 feet; 4) Thence S.50°53'02"E. 105.15 feet; 5) Thence S.57°57'43"E. 115.78 feet; 6) Thence 39.14 feet along the arc of a curve to the left having a radius of 70.00 feet; a central angle of 32°02'17" and sub- tending a chord which bears S.73°58'52"E. 38.63 feet; 7) Thence S.90°00'00"E. 106.12 feet; 8) Thence 41.22 feet along the arc of a curve to the right having a radius of 130.00 feet, a central angle of 18°09'59" and sub- tending a chord which bears S.80°55'00"E. 41.05 feet; 9) Thence S.71°50'01"E. 81.59 feet; 10) Thence 41.46 feet along the arc of a non -tangent curve to the right having a radius of 130.00 feet, a central angle of 18°16'26" and sub -tending a chord which bears S.62°41'49"E. 41.29 feet; PH: (970) 945-5945 626-1/2, GRAND AVENUE, SUITE No. 26 PosT OFFICE Box 2762 GLENWDOb SPRINGS, CO. S1602-2782 EMAIL: SURVCD@GMAIL.COM TOLL FREE 1-866-945-5945 FAX: (970) 945-5946 1 11) Thence S.53°44'37"E. 202.40 feet; 12) Thence S.41°57'49"E. 338.52 feet; 13) Thence 164.79 feet along the arc of a curve to the left having a radius of 200.18 feet, a central angle of 47°09'59" and sub -tending a chord which bears 5.65°32148"E. 160.18 feet; 14) Thence S.89°07'48"E. 724.77 to a point on the Westerly line of that tract of land as described in Book 368 at Page 481; 15) Thence along said Westerly line S.01°14'42"W. 8.17 feet to the Southwest corner of said tract of land; 16) Thence along the Southerly line of said tract of land N.89°07'42"E. 174.53 feet to a point on the East line of said S1/2SE1/4; Thence along said East line S.00°39'38"W. 30.00 feet to the Southeast corner of said S1/2SE1/4; Thence along the South line of said S1/25E1/4 N.89°16'40"W. 1009.58 feet to a point on the Southerly Right of Way of said County Road No. 312; Thence along said Southerly Right of Way the following 13 courses and distances; 1) Thence 100.28 feet along the arc of a non -tangent curve to the right having a radius of 260.18 feet, a central angle of 22°04'58" and sub -tending a chord which bears N.53°00'18"W. 99.66 feet; 2) Thence N.41°57'49"W. 332.33 feet; 3) Thence N.53°44'37"W. 196.32 feet; 4) Thence 22.41 feet along the arc of a non -tangent curve to the left having a radius of 70.00 feet, a central angle of 18°20'25" and sub -tending a chord which bears N.62°39'48" W. 22.31 feet; 5) Thence N.71°50'01"W. 81.59 feet; 6) Thence 22.19 feet along the arc of a curve to the left having a radius of 70.00 feet, a central angle of 18°09'59" and sub- tending a chord which bears N.80°55'00"W. 22.10 feet; 7) Thence N.90°00'00"W. 106.12 feet; 8) Thence 72.69 feet along the arc of a curve to the right having a radius of 130.00 feet, a central angle of 32°02'17" and sub- tending a chord which bears N.73°58'52"W. 71.75 feet; 9) Thence N.57°57'43"W. 119.49 feet; 10) Thence N.50°53'02"W. 101.91 feet; 11) Thence N.64°05'04"W. 191.30 feet; 12) Thence N.55°51'09"W. 177.92 feet; 13) Thence N.68°33'42"W. 415.92 feet to a point on the West line of said S1/2SE1/4; Thence along said West line N.00°43'40"E. 64.15 feet to the Point of Beginning. Said Right of Way encumbering an area of 3.47 acres as described herein. 2 Form 2800-14 (August 1985) UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF LAND MANAGEMENT RIGHT-OF-WAY GRANT Issuing Office Glenwood Springs Field Office C00073581 1. A right-of-way is hereby granted pursuant to Title V of the Federal land Policy and Management Act of October 21, 1976 (90 Stat. 2776; 43 U.S.C. 1761). 2. Nature of Interest: a. By this instrument, the holder: Lacy Orr and Howard Snaith PO Box 787 Darby, Montana 59829 406.531.6777 receives a right to operate and maintain an access road as shown on public lands described as follows: Garfield County, Colorado, Sixth Principal Meridian T. 6 S., R. 90 W., NESE, Section 30. b. The right-of-way area granted here is for a road right-of-way and is 5 feet wide, 19.8 feet long and contains 0.002 acres, more or less. The domestic water well will serve the small house (just east of the well), and no other facilities on the remainder of the parcel. From the well protrudes a small 2 inch pipe standing above the ground approximately 12 inches, encased by concrete and it is located approximately 10 feet west of the Orr and Smith property boundary on BLM-managed lands. The water is pumped underground to the house. c. This instrument shall terminate on December 31, 2038, approximately 30 years from its effective date unless, prior thereto, it is relinquished, abandoned, terminated, or modified pursuant to the terms and conditions of this instrument or of any applicable Federal law or regulation. d. This instrument may be renewed. If renewed, the right-of-way or permit shall be subject to the regulations existing at the time of renewal and any other terms and conditions that the authorized officer deems necessary to protect the public interest. Page 1 of 6 e. Notwithstanding the expiration of this instrument or any renewal thereof, early relinquishment, abandonment, or termination, the provisions of this instrument, to the extent applicable, shall continue in effect and shall be binding on the holder, its successors, or assigns, until they have fully satisfied the obligations and/or liabilities accruing herein before or on account of the expiration, or prior termination, of the grant. 3. Rental: For and in consideration of the rights granted, the holder agrees to pay the Bureau of Land Management fair market value rental as determined by the authorized officer unless specifically exempted from such payment by regulation. Provided, however, that the rental may be adjusted by the authorized officer, whenever necessary, to reflect changes in the fair market rental value as determined by the application of sound business management principles, and so far as practicable and feasible, in accordance with comparable commercial practices. 4. Terms and Conditions: a. This grant or permit is issued subject to the holder's compliance with all applicable regulations contained in Title 43 Code of Federal Regulations part 2800 and 2880. b. Upon grant termination by the authorized officer, all improvements shall be removed from the public lands within 90 days, or otherwise disposed of as provided in paragraph (4)(d) or as directed by the authorized officer. c. Each grant issued for a term of 20 years or more shall, at a minimum, be reviewed by the authorized officer at the end of the 20th year and at regular intervals thereafter not to exceed 10 years. Provided, however, that a right-of-way or permit granted herein may be reviewed at any time deemed necessary by the authorized officer. d. The stipulations, plans, maps, or designs set forth in Exhibits A and B, dated June 5, 2009 attached hereto, are incorporated into and made a part of this grant instrument as fully and effectively as if they were set forth herein in their entirety. e. Failure of the holder to comply with applicable law or any provision of this right- of-way grant or permit shall constitute grounds for suspension or termination thereof. f. The holder shall perform all operations in a good and workmanlike manner so as to ensure protection of the environment and the health and safety of the public. Page 2 of 6 exhibit A, Map: Page 3 of 6 NW Corner S1/2SE1/ Section 30 Found Rebar 1.1/Alun Cap. PLS No. 19598 \_Point of Beginning Lori WELL ead Power Lints) Utility, Emergency Services and Fire Access easement *Hatched area) EL13 F_ = 20.00'1--- 6� A� i� fL y, f 1 f f &k`k� s II 1 o*4 4:3..T., '�'4'°'f 1 I e` a\ .sss ; xe >.�. • g 43,9f ti BLIV1 • w 0 0 2 1144,47 Lot I 14.373 Acre ss ▪ 1 1 Building Envelope ` r610 ` 1 1.2106 Acres 7yj ti....:)• ....;.....T67. EO' Electric Line Easement �-1. 1 Q6 n to be created by this plat ` �606'� y90•\ ftypIcal) ��=_� � � • ▪ CL S�.46,•••••. °_3=Q Be? 3+ 1 Page 4 of 6 EXHIBIT B: STIPULATIONS, COC -073581 ORR / SMITH Domestic Well As defined by 43 CFR § 1810, the Authorized Officer is the Glenwood Springs Field Office Manager or his/her designee. 2. All activities shall be confined to the COC -073581 right-of-way corridor. 3. It is the holder's responsibility to coordinate with all other rights-of-way holders and adjacent landowners to make sure any conflicts are resolved both with road improvement and future maintenance. 4. The Realty Specialist will be notified at least 90 days prior to relinquishment or expiration of the ROW grant. The holder shall contact the Realty Specialist to arrange a joint inspection of the ROW. This inspection shall be held to determine if the ROW is in acceptable condition. If it is not, then the holder shall be responsible for returning the ROW to a condition acceptable to the authorized officer. This must be accomplished before relinquishment or expiration of the ROW. 5. This grant shall not be assignable without written permission of the authorized officer. This Grant may be renewed. If renewed, the Grant shall be subject to the regulation existing at the time of renewal and any other terms and conditions that the authorized officer deems necessary to protect the public interest. 6. The well shall be of domestic purposes only and serve the one house directly adjacent (west) of existing house. Any new or larger home would need a new right-of-way. The remainder of the parcel own by the Lessee planned for subdividing shall be serviced with water not associated with this well. 7. During conditions of extreme fire danger, operations shall be limited or suspended in specific areas, or additional measures may be required by the authorized officer. 8. Cultural Resources, Education/Discovery Stipulation: The National Historic Preservation Act (NHPA) requires that if newly discovered cultural resources are identified during project implementation, work in that area must stop and the agency Authorized Officer notified immediately (36 CFR 800.13). The Native American Graves Protection and Repatriation Act (NAGPRA), requires that if inadvertent discovery of Native American Remains or Objects occurs, activity must cease in the area of discovery, a reasonable effort made to protect the item(s) discovered, and immediate notice made to the BLM Authorized Officer, as well as the appropriate Native American group(s) (IV,C,2). Notice may be followed by a 30 -day delay (NAGPRA Section 3(d)). Further actions also require compliance under the provisions of NHPA and the Archaeological Resource Protection Act. 9. The applicant will monitor the project area for the presence of any noxious weeds and will be responsible for promptly controlling any noxious weeds on the Colorado State List A or B (except redstem filaree) within the right-of-way. If the applicant chooses to use herbicides Page 5 of 6 as the control method on public lands, a Pesticide Use Proposal shall be submitted to the BLM and approved prior to initiating any herbicide spraying. IN WITNESS WHEREOF, The undersigned agrees to the terms and conditions of this right-of- way ight-ofway grant. 'I' Of, Alrel Alb/I Win.. tire of • • der: La y Orr Signature of Holder: Howard Smith (Date) et- ,L0 -- Signature of Authorized Officer Associate Field Manager (Effective date of Grant) Page 6 of 6 Exclusive Road Easement UNITED STATES DEPARTMENT OF THE INTERIOR Bureau of Land Management Serial No. COC -073582 EXCLUSIVE ROAD EASEMENT For and in consideration of the sum of $ 0 (N/A) , *-LACY ORR and HOWARD SMITH, owners, hereinafter called Grantor, whether one or more, does hereby grant to the UNITED STATES OF AMERICA, and its assigns, as authorized by Section 205 of the Federal Land Policy and Management Act of 1976 as amended (43 U.S.C. 1715), a Thirty Year (30 years) exclusive easement to locate, construct, use, control, maintain, improve, relocate, and repair an existing road over and across the following described real property situated in the County of Garfield, State of Colorado, to wit: (i) A parcel of land lying in the South Half of the Southeast Quarter (Sl/2SE%), of Section 30, Township 6 North, Range 90 West, Sixth Principal Meridian, Garfield County, Colorado; the said parcel being all that portion of said property contained within a strip of land 20 feet in width, and 167 feet in length, more or less, being 10 feet on each side of a centerline which road is shown and more particularly described on Exhibit A, which is attached hereto and made a part hereof. 0 The parcel of land to which the above description applies contains 0.77 acres, more or less. The acquiring agency is the United States Department of the Interior, Bureau of Land Management. The easement herein granted is for the full use of the above described property as a road by the UNITED STATES OF AMERICA, its licensees and permittees, including the right of access for the people of the United States generally to lands owned, administered, or controlled by the UNITED STATES OF AMERICA for all lawful and proper purposes subject to reasonable rules and regulations of the Secretary of the Interior. Grantor reserves the right of ingress and egress over and across the road for all lawful purposes: Provided, that such use shall not interfere with the easement granted herein: Providedfurther, that the use of the roadway by grantor for any commercial use or any ancillary use thereto shall be subject to Title V of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701; 90 Stat. 2743-2794) and regulation issues thereunder. The grant of easement herein made is subject to the effect of reservations and leases, if any, of oil, gas, and minerals in and under said land. COC -73582 Page 1 of 3 pages TO HAVE AND TO HOLD said easement unto the UNITED STATES OF AMERICA and its assigns for Thirty Years from approval. U Grantor covenants and warrants that they are lawfully seized and possessed of the land aforesaid and have the full right, power and authority to execute this conveyance and that said land is free and clear of liens, claims or encumbrances, except as shown of record, and that they will defend the title to the easement conveyed herein and quiet enjoyment thereof against the lawful claims and demands of all persons. Authorized Officer Associate Field Manager (ACKNOWLEDGMENT) COC -73582 Page 3 of 3 pages Dated this a day of , 20 /0. AVIV LA `� .e.to HOWARD SMITH PO Box 787, Darby, Montana 59829 EXHIBIT A COC -73582 Page 2 of 3 pages DURATION OF WATER WELL USE AND MAINTENANCE THIS DECLARATION is made this day of , 2010, by Lacy Orr and Gil Smith ("Declarants") whose address is P.O. Box 787, Darby, Montana 59829. WHEREAS, Declarants are the owners in fee of those real properties described as Lots 3, 4, and 5, Orr/Smith Subdivision Exemption, Garfield County, Colorado. Said Lots 3, 4 and 5 are referred to hereinafter collectively as "the Lots." WHEREAS, Declarants also are the owners of a water well ("the Well") which is located on Lot 4, Orr/Smith Subdivision Exemption, and permitted under Colorado Division of Water Resources Well Permit No. 271770 for domestic use in 3 single family residences, I acre of irrigation and domestic livestock. WHEREAS, by this Declaration, it is the intent of Declarants to establish a regime governing the joint use of the Well by the future owners ("the Owners") of the Lots. NOW TORE, the Declarants set forth the regime governing joint use of the Well by the Owners of the Lots as follows: 1. The Owners of Lots 3, 4 and 5 shall be deemed to own an undivided 1/3 each of the Well, including, but not limited to, the well permit, well, water tank, pump, fittings at the well head, meters (whether existing now or to be installed at a later time), pumphouse, foot valves, and any pipes or pipelines and any other structures which are jointly used. 2. No Owner is deemed to have any ownership right in and to any pipe, pipeline or other structure used or required solely by the Owner of another of the Lots which may utilize any portion of the water flowing from the Well and their respective structures. This Declaration does not intend to relate to such individually owned or used rights or structures. Nothing in this Declaration shall be construed to give any Owner any rights to such non -shared property of the other Owner nor to obligate any Owner to pay any costs associated with non -shared structures. 3. The Owners shall cooperate with each other at all times in all matters necessary to promote the proper construction, completion and functioning and use of the water system in such manner as to provide to their respective uses an optimum water supply on demand at all times possible based upon the physical availability of water. The Owners shall agree to not waste water and to endeavor to use no more than their respective shares of the available water. At this time it is agreed that no individual water meters must be installed. If at any time after the date hereof, any Owner of the Well requires that meters be installed, then all Owners of the Well shall install meters at his or her individual expense. Waste or over -use shall be deemed to be a violation of this Declaration for which the non -defaulting owner may seek a remedy at law or equity for damages or for injunctive relief, or both. 4. Pursuant to the Well Permit, the Owners of Lots 3, 4 and 5 shall use no more than 1/3 each of the water legally allocated to the Well. In the event the water physically available from the Well is less than the legally available amount, then all Owners of such Well shall proportionately reduce the consumption of same to the amount physically available. In no event shall the Well be pumped at a rate exceeding that approved in the Well Permit. The domestic use of water from the Well must provide for return flow through an individual disposal system of the non -evaporative type, returning the water to the watershed in which the Well is located. 5. Declarants shall be responsible for the initial cost of constructing the well system, pump house and any jointly used pipe lines. Following the initial construction, the actual and continuing costs of operation, maintenance, electrical costs, construction, extension, upgrading, cleaning, repairing, all other work required on shared components of this water system shall be shared by the Owners in proportion to their share in the Well. This Declaration shall relate only to costs incurred after the date hereof. 6. Subject to the provisions in paragraph 4 above, any Owner who has been using water from this system and at any time elects not to share in costs, necessary repairs, maintenance, replacement and the like necessary to maintain the Well and deliver the subject water, shall not receive water from the system. At such time as said electing Owner chooses to resume use of water from the system, said Owner may do so upon reimbursement to the other users of the full cost of said Owner's share of such expenditures with legal interest retroactive to the expenditure date. 7. The Owners of the Well agree to cooperate in the future maintenance, operation, repair, replacement or improvement of all common facilities. In the event the Owners are unable to agree on any required maintenance, repair, replacement or improvement, any Owner shall be entitled to undertake the minimal maintenance, repair, replacement or improvement necessary and essential for proper functioning of the common facilities. In the event an Owner determines to undertake such work unilaterally, such Owner shall notify the other Owners in writing. The Owner undertaking the work shall, upon completion, provide the other Owners with a written statement of work performed and the other Owners' proportionate share of the cost of same. In the event an Owner fails to pay the proportionate share of any amount due within thirty (30) days after presentment, the Owner who has paid such cost and expense shall be entitled to pursue any remedy available at law or in equity. The Court, in its discretion, may award to the prevailing party Court costs and attorney's fees incurred. 8. Declarants hereby create and reserve permanent, non-exclusive easements across those portions of the Lots designated as "Well Easement and Waterline" on the Orr/Smith Subdivision Exemption Plat, recorded in the Garfield County Clerk and Recorder's Office as Reception No. as necessary and sufficient for the benefit of the Owner of Lots 3 and 5 as users of the Well, pump and common pipeline and treatment system and structures and for non -shared or individual pipelines conveying water to Lots 3 and 5. 9. Each Owner shall agree to not interfere at any time with the proper use by any other Owner of his or her interest in any water structure and shall indemnify and hold harmless all other Owners and users from any loss or damage or injury caused by the acts of said indemnifying owner. 10. The term hereof shall be perpetual. 14- Ths Declaration and the terms, conditions and provisions hereof wnay be enforced by the Owner of any of the Lots, and his or her successors and assigns. in the event legal proceedings are brought against any party For the purpose of suck enforcement, the prevailing party shall recover from the non -prevailing party ail costs associated therewith, including, but not limited to, reasonable attorney's fees_ 12. This Declaration and the covenants contained herein are intended to and shall run with the titles to those real properties described as Lots 3, 4 and 5, Orr/Smith Subdivision Exemption, Garfield County, Colorado, and shall be binding upon and 3 inure to the benefit of the Owners thereof, and their assignees or successors. 13. The laws of the State of Colorado shall govern the validity, effect and construction of this Declaration. 14. This Declaration may not be modified in any manner except by an instrument in writing signed by the Owners of each of the Lots. IN WI ESS WHEREOF, this Declaration is executed ay of , 2010. Lacy Orr STATE OF COLORADO } SS. COUNTY OF GARFIELD Gil Smith The foregoing instrument was acknowledged before me on this )(7 day of rCWj , 2010, by Lacy Orr and Gil Smith. Witness my hand and official seal. My commission expires: 4 Notary Public CHfISI NA KOUNI t,tumMA Notary public Barlow Courtly State of Georgia My Commission Expires Jan 7, 2012 DECLARATION OF COVENANTS AND ROAD -SHARING AGREEMENT THIS DECLARATION OF COVENANTS and ROAD -SHARING AGREEMENT is made this day of , 2006, by Lacy Orr and Howard G. Smith (a/k/a Gil Smith) (hereinafter referred to as "Declarant"), owner of the real property described below, which property is located in Garfield County, Colorado: RECITALS WHEREAS, Declarant is the sole owner of certain real property to be known as the Orr - Smith Subdivision Exemption, located in Garfield County, Colorado, and which is more particularly described in Exhibit A and depicted in Exhibit 13, both attached hereto and incorporated herein by this reference, consisting of approximately 78.4 acres (hereinafter referred to as the "Property"); and WHEREAS, Declarant intends to divide the Property into a total of five lots, identified as Lots 1-5, as approximately depicted on the proposed plat map attached hereto as Exhibit B; and WHEREAS, an unimproved road exists across Lot 1 in a location corresponding with that depicted on Exhibit B, and legally described Exhibit C, attached hereto and incorporated by reference, running southeast from roughly the southwest corner of Lot I toward and onto Lot 2; and WHEREAS, Declarant intends that Lots 1 and 2 will share a common Access Road from Garfield County Road 312 as depicted on Exhibit B attached hereto and as described in Exhibit C and in the preceding paragraph; and WHEREAS, Declarant further intends that Lots 1 and 2 may also use this same common Access Road to provide access for Emergency and Fire Services vehicles to either Lot and to provide for the installation of any future utilities services to either or both of the Lots; and WHEREAS, Declarant desires to establish the relative rights and obligations of the owners of Lots 1 and 2 concerning the shared use of the common Access Road and to create easements for the existence, operation, repair and replacement of the same, and for future installation, operation, maintenance and repair of utilities within the same; NOW, THEREFORE, Declarant hereby declares that the Lots I and 2 shall be held, sold and conveyed subject to the following restrictions, covenants and conditions, which are for the purpose of protecting the value and desirability of the Property, and which shall run with the Lots 1 and 2 and be binding upon all parties having any right, title or interest in either of those Lots, or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof. IIIORR-Road-Sharing Agmnt-final-7.06.06 After recording return to: CALOIA HOUPT & HAMILTON, P.C. 1204 Grand Ave. Glenwood Springs, CO 81601 Orr -Smith Exemption Covenants Page 2 of 4 1. Grant of Easement for Access Road. The owner of Lot 2 shall have a perpetual non- exclusive easement thirty feet in width, as particularly described in Exhibit C and depicted in Exhibit B, over and across an existing un -paved road on Lot 1 for ingress and egress between County Road 312 and Lot 2 ("Access Road"). The Access Road shall exist within the easement therefor and shall extend from the point at which it intersects County Road 312 to the point at which it intersects the western boundary of Lot 2. To the extent that such road extends east of the point on Exhibit B labeled Lot 2, it shall thereafter be solely owned by the owner of Lot 2 and its improvement, maintenance, repair shall be the sole responsibility of the owner of Lot 2 and its use may be restricted as determined solely by the owner of Lot 2. 2. Shared Responsibility for Maintenance and Costs of Access Road. Responsibility for improvement, maintenance and repair of the Access Road shall be shared mutually by the owners of Lots 1 and 2 as set forth below: a. All costs for improvement, maintenance, and repair of the Access Road shall be shared equally by the owners of Lots 1 and 2. Maintenance of the Access Road includes, but is not limited to, maintenance and / or replacement of the existing cattle guard at the southwest corner of Lot 1, separating Lot 1 from County Road 312. 1 b. Before any such work is commenced, the owners of Lots 1 and 2 shall agree upon plans and specifications for such work and the individual or entity that will perform the work. The owners of Lots 1 and 2 may also agree upon a maximum cost for such work. The parties may agree upon an alternative distribution of costs, but any such agreement shall be unenforceable unless it is in writing signed by the owners of Lots 1 and 2. c. In the event that the owners of Lots 1 and 2 are unable to agree upon the elements set forth in subparagraph a. above, either individual owner may undertake improvements to the Access Road and shall be solely responsible for the costs thereof, except that neither owner may cause the road to be paved without the written consent of the other. d. No Lot owner shall be obligated to contribute toward road improvement, maintenance or repair until such time as that Lot owner commences the construction of a residence on his or her Lot. At such time, however, such Lot owner shall be responsible for reimbursing the other Lot owner for one half of all documented costs of improvements, maintenance and repairs as the owner may have previously incurred. 3. Grant of Easement for Utilities. The owner of Lot 2 shall also have a perpetual non- exclusive easement thirty feet in width over and across Lot 1 (as depicted on Exhibit B and described in Exhibit C) for the purposes of installation, operation, use, maintenance, repair and replacement of any utilities. This easement may be used for this purpose so long as the utilities remain buried beneath the Access Road, so long as their construction and maintenance does not unreasonably interfere with the use of said Access Road by the owner of Lot 1 for an ORR-Road-Sharing Agmnt-final-7.06.06 Orr -Smith Exemption Covenants Page 3 of 4 unreasonable amount of time, and so long as their installation and maintenance is undertaken in compliance with all applicable county, state and federal laws as may now exist or may in the future govern such construction. For the purposes of this easement, the term "utilities" shall be interpreted broadly, and shall non -exclusively include sewer, water, telephone, cable, electricity, internet, or other similar connections to services commonly defined as "utilities." Any Lot owner installing, maintaining or repairing utilities shall be solely responsible after the completion of said work for the reconstruction and restoration of the Access Road to substantially the same condition as before said work was performed. 4. Emergency Access Easement. A general easement is hereby granted to all police, sheriff, fire protection, ambulance, and other similar emergency agencies or persons to enter upon and use the Access Road in the proper functioning of their duties in their capacities for the benefit or either or both of Lots 1 and 2. 5. Covenants to run. The covenants, conditions and restrictions contained herein shall run with Lots 1 and 2 and shall bind the owners thereof, their successors and assigns. 6. Enforcement. This document may be enforced by either Lot owner or any governmental agency having jurisdiction over the matter, by an action for damages or for injunctive relief to restrain or mandate any action required by this document. The interpretation of this document shall be governed by Colorado law. Unless the parties to any dispute arising with regard to this document agree to an alternate form of dispute resolution, venue for any dispute arising with regard to this document shall be in the courts of Garfield County, Colorado. The prevailing party in any legal action to enforce this document shall be entitled to reasonable attorneys' fees and costs. 7. Amendments. This document shall be recorded in the real estate records of Garfield County, Colorado. This document may be amended only by the unanimous written consent of the owners of Lots 1 and 2. No amendment shall be effective until an instrument setting forth such amendment, signed by both Lot's owners, is recorded in the real estate records of Garfield County, Colorado. 8. Severability. Should any provision of this document be declared invalid or unenforceable by a Court of competent jurisdiction, such decision shall not affect that validity of any other provisions, which shall remain in full force and effect. ORR-Road-Sharing Agmnt-final-7.116.06 Orr -Smith Exemption Covenants Page 4 of 4 DATED: , 2006. DECLARANTS: Lacy Orr Howard G. Smith (a/k/a Gil Smith) STA I L OF COLORADO } } ss. COUNTY OF GARFIELD } The foregoing Declaration was subscribed and sworn to before me this day of , 2006, by Lacy Orr. WITNESS my hand and official seal. My commission expires: Notary Public STATE OF COLORADO } } ss. COUNTY OF GARFIELD } The foregoing Declaration was subscribed and sworn to before me this day of , 2006, by Howard G. Smith (alkla Gil Smith). WITNESS my hand and official seal. My commission expires: ORR-Road-Sharing Agmnt-f fi nal -7.06.06 Notary Public 1 1 SURVCD, INC. RTK GPS and Conventional Land Surveying Services Easement Description An easement for the purpose of access, utilities and emergency services access, said easement being situated in the S1/2SE1/4 of Section 30, Township 6 South, Range 90 West of the 6th P.M., County of Garfield, State of Colorado, said easement encumbering the following described tract of land to wit: (Bearings as recited in this description are based upon the South line of said S1/2SE1/4 as bearing N.89°16'40"W. as derived from RTK GPS observation. Monumentation found in the field at both ends of said South line are rebar with aluminum cap, PLS No. 19598.) Beginning at a point on the West line of said S1/2SE1/4 from whence the Northwest corner of said S1/2SE1/4 bears N.00°43'40"E. 341.31 feet, said Northwest corner being a rebar and aluminum cap, PLS No. 19598 found in place; thence along said West line N.00°43'40"E. 15.90 feet; thence departing said West line N.71°21'05"E. 23.11 feet; thence N.85°53'44"E. 90.10 feet; thence S.76°26'18"E. 47.04 feet; thence S.67°07'56"E. 622.68 feet; thence S.61°50'30"E. 268.88 feet to a point on the Westerly line of that tract of land known as Lot 2 of the Orr -Smith subdivision exemption in said County; thence along said Westerly line S.21°51'48"W. 30.18 feet; thence departing said Westerly line N.61°50'30"W. 270.81 feet; thence N.67°07'56"W. 618.85 feet; thence N.76°26'18"W. 39.94 feet; thence S.85°53'44"W. 81.61 feet; thence S.71°21'05"W. 6.73 feet to a point on the Northerly Right of Way of Garfield County Road No. 312; thence along said Northerly Right of Way N.68°33'42"W. 23.29 feet to the Point of Beginning. Said easement encumbering an area of 0.717 acres as described herein. PH: (970) 945-5945 826-1/2 GRAND AVENUE. SUITE No. 26 POST OFFICE SOX 2782 GLENWDDD SPRINGS. CO. 81602-2782 EMAIL: SURVCD@EARTHLINK.NET FAX: 1970) 945-5946 LAZGarfield County Construction Permit for Installation of Utilities in Public Right-of-Ways Applicant Name: Lacy Orr & Gil Smith Permit Number: GRB10-U-5 Address: P.O. Box 787, Darby MT 59829 Type of Installation: Road Bore Purpose: Domestic Water line Length of Installation: 60' County Road: 312 Nearest Intersection or Address: 6640 CR 312 Distance from Intersection or Address: 16004/ - Direction from Intersection or Address: East Side of Road: Full Road Width Estimated Construction Schedule: Start: 01/28/2010 Finish: 02/27/2010 Request for permission to make the above installation at the Iocation specified is hereby granted, subject to the following terms, conditions and special provisions: 1. It is understood that the Applicant will cause the installation to be made at no expense whatsoever to Garfield County and that the Applicant will own and maintain the installation upon completion of work 2. The Applicant shall maintain the installation at all times and agrees to hold harmless the County of Garfield and its representatives, agents or employees from any and all liability, loss and damage which may arise out of or be connected with the installation, maintenance, alteration, removal or presence of the installation above described or any work or facility connected therewith, within the area covered by this permit. 3. The entire installation repairs and clean up shall be completed prior to: 02/27/2010. 4. The traveling public shall be protected during the installation with proper warning signs or signals both day and night, and warning signs and signals shall be installed by and at the expense of the Applicant and in accordance with directions given by the Board of County Commissioners or their representative. No open trench shall be permitted in the traveled roadway after dark, unless otherwise specified in the Special Provisions below. 5. If the Board of County Commissioners so requires, Applicant shall mark the installation at the designated locations in a manner acceptable to the Board of County Commissioners or their Representative. 6. In the event any changes are made to this county road in the future that would necessitate removal for relocation of this installation, Applicant will do so promptly at its own expense upon written request from the Board of County Commissioners. The County will not be responsible for any damage that may result in the maintenance of the county road to installation placed inside Public Right -of -Ways Limits. 7. Applicant will be required to shut off lines and remove all combustible materials from the right-of-way when requested to do so by The Board of County Commissioners because of necessary road construction or maintenance operations. 8. Where the installation crosses the roadway, it shall be encased in pipe of larger diameter and the crossing shall be as nearly perpendicular to the roadway as physically possible. This installation shall be installed by the method of boring or jacking through beneath the road surface: however, open cut shall be allowed up to the edge of the surfaced portion of the county road. No water shall be used in the boring, and no tunneling shall be permitted. If boring is not successful then arrangements should be established with the County for possible excavation methods. 9. Where the installation crosses any ditches, canals or water carrying structures, wherever possible it shall be pushed through and beneath a pipe of larger diameter thereby eliminating the necessity of trenching with a minimum bury of 4 foot. In no case shall the flow of water ever be impaired or interrupted, without arrangements having been made with the effected water company or ditch association. 10. The installation must be accomplished in accordance with accepted good practices and conform to the recommendations of the National Electric Safety Code and to such Colorado statues as are applicable. The above-described Road Bore shall be installed beneath the surface of the right-of-way at a minimum depth of 5' and the disturbed portion of the right-of-way will be restored to its original condition. Any backfilling in the roadway shall be made in six-inch lifts and mechanically tamped and packed and the last twelve inches of backfill shall be of stable granular material such as crushed rock or gravel. 11. Applicant shall be responsible for any repairs to roadway or right-of-way necessitated by the installation. 12. Applicant's installation shall be made at a location mutually agreed upon by Applicant and the Board of Commissioners or their representative, and in accordance with details and specifications shown on the construction plans, a copy of which shall be furnished to Garfield County. 13. Applicant shall inform the Board of County Commissioners of construction methods, equipment and operational procedures that will be utilized and shall obtain the occurrence of the Board of County Commissioners. 14. Applicant shall advise the Board of County Commissioners or their representatives at least 48 hours in advance of the time at which work on the installation will commence. 15. Any materials from excavation as the result of the installation will be removed from the road way surface each day. 16. Under no condition is an asphalt surface to be cut unless otherwise specified in the attached Special Provisions 17. Where reference is made herein to the representative of the Board of County Commissioners, such representative shall be the District Road Supervisor, unless otherwise specified in writing by the Board of County Commissioners. 18, This permit shall be valid during the estimated construction schedule set forth above. Neither the Owner, nor the Applicant shall conduct any work pursuant to this permit at anytime other than that set forth in the estimated construction schedule. IN THE ROADWAY BETWEEN THE DITCHES 95% COMPACTION, BETWEEN DITCH AND FENCE LINE 85% COMPACTION. TRENCHLINE INSIDE ROADWAY, LAST LIFT NEEDS TO BE 2 FT. OF CLASS 6 ROADBASE. APPLICANT WILL BE REQUIRED TO MAINTAIN THE AREA WHEREIN UTILITY INSTALLATION IS MADE DURING CONSTRUCTION AND TWO YEARS AFTER COMPLETION DATE. IT WILL BE THE APPLICANT'S RESPONSIBILITY, WHEN REQUESTED, TO SUPPLY AT THE APPLICANT'S EXPENSE, COMPACTION TESTS AND RESULTS OF TESTS FORM A LICENSED PROFESSIONAL ENGINEER. Special Provisions: 1. For road bore, road bore will be attempted 3 times before and open road cut will be permitted or boring tool is stuck. Permit holder will contact person issuing permit prior to cutting road surface. 2. Installations within in the County Right -of -Way over 1000ft in length require a survey and BOCC Approval and as - built upon completion. 3. Type of Backfill: Excavated Material. If back fill is road base or excavated material, backfill will be compacted to 95% with water to include shoulders, drainage ditches and pits used for road bore. All rocks 10 inches or larger will be removed from site. No wet material removed from excavation will be used for backfill. 4. Asphalt Replacement: True. If true, asphalt will be 4 inches of hot compacted asphalt. Asphalt will be saw cut 2 feet larger than excavation area. Replacement of asphalt will be 1 lane minimum width the size of the cut or full road width if the cut crosses the centerline of road. 5. Replacement of Magnesium Chloride Surface: False. If true, person issuing permit will give specification on replacement. The length of the road surface damaged by utility installation will require replacement. This will include the hauling of equipment and materials. 6. Certified Traffic Required? False 7. Work Zone Signs Required? True 0: e--RDIUll Or— Representative of the Board of County Commissioners of Garfield County, Colorado In accepting this permit, the undersigned, representing the Applicant, verifies that he has read and understands all of the foregoing provisions: that he has the authority to sign for and bid the Applicant: and that by virtue of his signature, the Applicant, is bound by all the conditions set forth herein. THE COUNTY DOES NOT VERIFY THAT THERE IS AN EXISTING COUNTY OR PUBLIC RIGHT-OF-WAY WITHIN TO PLACE PROPOSED UTILITY. THE APPLICANT IS RESPONSIBLE FOR VERIFYING THE EXITENCE OF ALL NECESSARY RIGHT-OF-WAY FOR THE PLACEMENT OF THE UTILITY. Utility Permit Applicant Lacy Orr & Gil Smith Garfield County Road and Bridge Department Special Provisions for Excavation of Road Surface and Installation Utility Permit Number: GRB10-U-5 Inspector: Jake Mall Applicant: Lacy Orr & Gil Smith Sub -Contractor: 1. Any oversized material (larger than 10 inches in diameter) that is not utilized in backfill will be removed from site by Applicant. Further, Applicant will remove any frozen material from site. 2. When a paved or chipped surface is cut, it is to be replaced with a minimum of three (3) inch hot mix asphalt patch. A temporary patch with cold mix asphalt would be allowed, which would be replaced with hot mix asphalt when the weather or availability of materials allows the work to be completed. An asphalt or chipped surface cut would require the road to be straight cut and squared by means of a pavement cutter or saw. A chipped surface cut will require a seal coat of the patch that will be full width or half width of roadway when trenches run with the road. For trenches across the road, the edges of the seal coat will overlap the existing edge. All Seal coats will overlap edges by a two -foot minimum to insure adequate seal over the undisturbed portion of the roadway in the vicinity of the excavation. Asphalt hot mix or cold patches will be completed in a maximum of five working days, weather permitting. 3. When possible, all installations should avoid the top edge of a fill slope. 4. Installation in drainages subject to flash flooding will have a minimum bury of four feet deep that normal flow line at nearest abutment, wing wall, or culvert. 5. Installations at culvert crossings will be buried beneath the culvert with a minimum separation of 18 inches between installation and the bottom of the culvert. 6. Open trenches adjacent to the traveled roadway shall be backfilled daily to within 100 feet of the working area of the trench, and shall be barricaded with warning devices after dark. A 3 foot high orange plastic fence will be installed daily to keep livestock out of the open trench after hours. 7. In areas being disturbed where vegetation is established, reseeding with a mixture either by broadcasting, drilling, and mulching with seed mixtures suitable to the climatic conditions or existing vegetation will be performed. Use only certified weed -free seed. Noxious weed control will be ongoing along with re -vegetation. 8. The Applicant should check the right-of-way of surrounding landowners to see if other permits are required, I.B., ELM, Forest Service. Garfield County Representative Lacy Orr / Gil Smith BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY CERTIFICATION AND AFFIDAVIT REGARDING ILLEGAL ALIENS The Contractor, whose name and signature appears below, certifies and agrees as follows: 1. The Contractor shall comply with the provisions of C.R.S. 8-17.5-101 et seq. The Contractor shall not knowingly employ or contract with an illegal alien to perform work for the Board of County Commissioners of Garfield County, Colorado ("BOCC") or enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien. 2. The Contractor represents, warrants, and agrees that it has verified that it does not employ any illegal aliens; that it has participated or attempted to participate in the Basic Pilot Employment Verification Program administered by the Social Security Administration and Department of Homeland Security; and otherwise shall comply with the requirements of C.R.S. 8-17.5--102(2)(b). 3. The Contractor shall comply with all reasonable requests made in the course of an investigation under C.R.S. 8-17.5-102 by the Colorado Department of Labor and Employment. If the Contractor fails to comply with any requirement of this provision or C.R.S. 8-17.5-101 et seq., the BOCC may terminate work for breach and the Contractor shall be liable for actual and consequential damages to the State. 4. If the Contractor is a sole proprietor, the undersigned hereby swears or affirms under penalty of perjury under the laws of the State of Colorado that (check one): I am a United States citizen, or I am a Permanent Resident of the United States, or I am lawfully present in the United States pursuant to Federal law. I understand that this sworn statement is required by law because I am a sole proprietor entering into a contract to perform work for the BOCC. I understand that state law requires me to provide proof that I am lawfully present in the United States prior to starting work for the BOCC. I further acknowledge that I will comply with the requirements of G.R.S. 24-76.5-101 et seq. and will produce the required form of identification prior to starting work. I acknowledge that making a false, fictitious, or fraudulent statement or representation in this sworn affidavit is punishable under the criminal laws of Colorado as perjury in the second degree under C.R.S. 18-8-503. CERTIFIED and AGREED to this day of , 200_ CONTRACTOR: (Contractor Full Legal Name) FEIN or 5o ial Security Number Bv: Lacy Orr / Gil Smith Ort. MINIF Garfield County Application for Driveway Permit Person Obtaining Permit: Lacy Orr and Gil Smith Application Date: 01/28/2010 County Road Number: 312 District: 3 Permit Number: GRB10 D-4 Termination Date: 02/28/2010 Inspector: Jake Mall hereby requests permission and authority from the Board of County Commissioners to construct a driveway approach (es) on the right-of-way off of County Road, 312, located at 6640 CR 312, located on the North side of road for the purpose of obtaining access to property. Applicant submits herewith for the consideration and approval of the Board of County Commissioners, a sketch of the proposed installation showing all the necessary specification detail including: 1. Frontage of lot along road. 2. Distance from centerline of road to property line. 3. Number of driveways requested 4. Width of proposed driveways and angle of approach. 5. Distance from driveway to road intersection, if any. 6. Size and shape of area separating driveways if more than one approach. 7. Setback distance of building(s) and other structure improvements. 8. No unloading of equipment on county road, any damage caused to county road will be repaired at subdivision expense. 9. Responsible for two years from the date of completion. General Provisions 1) The applicant represents all parties in interest, and affirms that the driveway approach (es) is to be constructed by him for the bona fide purpose of securing access to his property and not for the purpose of doing business or servicing vehicles on the road right of way. 2) The applicant shall furnish all labor and materials, perform all work, and pay all costs in connection with the construction of the driveway(s). All work shall be completed within thirty (30) days of the permit date. 3) The type of construction shall be as designated and/or approved by the Board of County Commissioners or their representative and all materials used shall be of satisfactory quality and subject to inspection and approval of the Board of County Commissioners or their representative. 4) The traveling public shall be protected during the installation with proper warning signs and signals and the Board of County Commissioners and their duly appointed agents and employee shall be held harmless against any action for personal injury or property damage sustained by any reason of the exercise of the Permit. 5) The Applicant shall assume responsibility for the removal or clearance of snow, ice, or sleet upon any portion of the driveway approach (es) even though deposited on the driveway(s) in the course of the County snow removal operations. 6) In the event it becomes necessary to remove any right-of-way fence, the posts on either side of the entrance shall be surely braced before the fence is cut to prevent any slacking of the remaining fence and all posts and wire removed shall be turned over to the District Road Supervisor of the Board of County Commissioners. 7) No revisions or additions shall be made to the driveway(s) or its appurtenances on the right-of-way without written permission of the Board of County Commissioners. 8) Provisions and specifications outlined herein shall apply on all roads under the jurisdiction of the Board of County Commissioners of Garfield County, Colorado, and the Specifications, set forth on the attached hereof and incorporated herein as conditions hereof. 9) Final inspection of driveway will be required upon completion and must be approved by person issuing permit or representative of person issuing permit. The inspection and sign off must be done prior to any CO from the Building and Planning Department being issued. 10) Contractor agrees to all Provisions in Exhibit A. Special Conditions: 1. Driveway Width- as existing 2. Culvert required? False Size: 3. Asphalt or concrete pad required? False Size of pad: 4. Gravel portion required? True Length: 40 Foot 5. Trees, brush and/or fence need to be removed for visibility? False 6. Distance and Direction: N/A 7. Certified Traffic Control Required? False 8. Work zone signs required? True In signing this application and upon receiving authorization and permission to install the driveway approach (es) described herein the Applicant signifies that he has read, understands and accepts the foregoing provisions and conditions and agrees to construct the driveway(s) in accordance with the accompanying specification plan reviewed and approved by the Board of County Commissioners. Signed: Address: Telephone Number: Permit granted 01/28/2010, subject to the provisions, specifications and conditions stipulated herein. For Board of County Commissioners' of Garfield County, Colorado: Representative of Garfield County Road and Bridge Signature Specifications 1. A driveway approach is understood to be that portion of the county road right -of way between the pavement edge and the property line that is designed and used for the interchange of traffic between the roadway and abutting property. 2. At any intersection, a driveway shall be restricted for a sufficient distance from the intersection to preserve the normal and safe movement of traffic. (It is recommended for rural residence entrances that a minimum intersection clearance of 50 feet be provided and for rural commercial entrances a minimum of 100 feet be provided.) 3. All entrances and exits shall be so located and constructed that vehicles approaching or using them will be able to obtain adequate sight distance in both directions along the county road in order to maneuver safely and without interfering with county road traffic. 4. The Applicant shall not be permitted to erect any sign or display material, either fixed or movable, on or extending over any portion of the county road right-of-way. 5. Generally, no more than one approach shall be allowed any parcel or property the frontage of which is less than one hundred (100) feet. Additional entrances or exits for parcels having a frontage in excess of one hundred 100) feet shall be permitted only after showing of actual convenience and necessity. 6. All driveways shall be so located that the flared portion adjacent to the traveled way will not encroach upon adjoining property. 7. No commercial driveway shall have a width greater than thirty (30) feet measured at right angles to the centerline of the driveway except as increased by permissible radii. No noncommercial driveway shall have a width greater than twenty (20) feet measured at right angles to the centerline of the driveway, except as increased by permissible radii. 8. The axis of an approach to the road may be at a right angle to the centerline of the county road and of any angle between ninety (90) degrees and sixty (60) degrees but shall not be less than sixty (60) degrees. Adjustment will be made according to the type of traffic to be served and other physical conditions. 9. The construction of parking or servicing areas on the county road right-of-way is specifically prohibited. Commercial establishments for customer vehicles should provide off -the -road parking facilities. 10. The grade of entrance and exit shall slope downward and away from the road surface at the same rate as the normal shoulder slope and for a distance equal to the width of the shoulder but in no case less than twenty (20) feet from the pavement edge. Approach grades are restricted to not more than ten percent (10%). 11. All driveways and approaches shall be so constructed that they shall not interfere with the drainage system of the street or county road. The Applicant will be required to provide, at his own expense, drainage structures at entrances and exits, which will become an integral part of the existing drainage system. The Board of County Commissioners or their representative, prior to installation, must approve the dimensions and types of all drainage structures. Note: This permit shall be made available at the site where and when work is being done. A work sketch or drawing of the proposed driveway(s) must accompany application. No permit will be issued without drawing, blueprint, or sketch. 1. Permit Owner : Driveway Permit Check Off Form Lacy Orr & Gil Smith 2. Mailing Address: P. 0. Rex 7R7 3. City: Carbondale 81623 Glenwood Springs 81601 n New Castle 81647 n Silt 81652 n Rifle 81650 Parachute 81635 ri Other Darhv. Montana. 59R27 4. Phone No: (4061-531-6777 5. County Rd. No: Fax No: Cr. 312 6. Nearest Intersection or address: 7. Distance from Int. or address: 8. Direction from Int. or address: N 66411 Cr 312 At Address 9. Side of road: 10. Width of driveway: 11. Culvert required: N X E fl E s S W 30 -foot [1 40 -foot LJ 100 -foot Other: Yes As Existing 12. Size of culvert required: 12 -inch Other: 13. Length of culvert required: 30 -foot 14. Asphalt or concrete pad required: 15. Size of pad: No Tx] 15 -inch 18 -inch n 40 -foot Yes othe4 —7 No X 30 -foot wide X 10 -foot long X 4 inches thick: Yes n 40 -foot wide X 10 -foot long X 4 -inches thick: Yes 100 -foot wide X 20 -foot long X 4 -inches thick: Yes Other: 411.1k Garfield County Application for Driveway Permit Person Obtaining Permit: Lacy Orr and Gil Smith Application Date: 01/28/2010 County Road Number: 312 District: 3 Permit Number: GRB10 D-3 Termination Date: 02/28/2010 Inspector: Jake Mall hereby requests permission and authority from the Board of County Commissioners to construct a driveway approach (es) on the right-of-way off of County Road, 312, located East of 6640 CR 312, located on the South side of road for the purpose of obtaining access to property. Applicant submits herewith for the consideration and approval of the Board of County Commissioners, a sketch of the proposed installation showing all the necessary specification detail including: 1. Frontage of lot along road. 2. Distance from centerline of road to property line. 3. Number of driveways requested 4. Width of proposed driveways and angle of approach. 5. Distance from driveway to road intersection, if any. 6. Size and shape of area separating driveways if more than one approach. 7. Setback distance of building(s) and other structure improvements. 8. No unloading of equipment on county road, any damage caused to county road will be repaired at subdivision expense. 9. Responsible for two years from the date of completion. General Provisions 1) The applicant represents all parties in interest, and affirms that the driveway approach (es) is to be constructed by him for the bona fide purpose of securing access to his property and not for the purpose of doing business or servicing vehicles on the road right of way. 2) The applicant shall furnish all labor and materials, perform all work, and pay all costs in connection with the construction of the driveway(s). All work shall be completed within thirty (30) days of the permit date. 3) The type of construction shall be as designated and/or approved by the Board of County Commissioners or their representative and all materials used shall be of satisfactory quality and subject to inspection and approval of the Board of County Commissioners or their representative. 4) The traveling public shall be protected during the installation with proper warning signs and signals and the Board of County Commissioners and their duly appointed agents and employee shall be held harmless against any action for personal injury or property damage sustained by any reason of the exercise of the Permit. 5) The Applicant shall assume responsibility for the removal or clearance of snow, ice, or sleet upon any portion of the driveway approach (es) even though deposited on the driveway(s) in the course of the County snow removal operations. 6) In the event it becomes necessary to remove any right-of-way fence, the posts on either side of the entrance shall be surely braced before the fence is cut to prevent any slacking of the remaining fence and all posts and wire removed shall be turned over to the District Road Supervisor of the Board of County Commissioners. 7) No revisions or additions shall be made to the driveway(s) or its appurtenances on the right-of-way without written permission of the Board of County Commissioners. 8) Provisions and specifications outlined herein shall apply on all roads under the jurisdiction of the Board of County Commissioners of Garfield County, Colorado, and the Specifications, set forth on the attached hereof and incorporated herein as conditions hereof. 9) Final inspection of driveway will be required upon completion and must be approved by person issuing permit or representative of person issuing permit. The inspection and sign off must be done prior to any CO from the Building and Planning Department being issued. 10) Contractor agrees to all Provisions in Exhibit A. Special Conditions; 1. Driveway Width- 30ft 2. Culvert required? True Size: 18" x 30' 3. Asphalt or concrete pad required? True Size of pad: 30ft wide x loft long x 4in thick 4. Gravel portion required? True Length: 40 Foot 5. Trees, brush and/or fence need to be removed for visibility? False 6. Distance and Direction: N/A 7. Certified Traffic Control Required? False 8. Work zone signs required? True In signing this application and upon receiving authorization and permission to install the driveway approach (es) described herein the Applicant signifies that he has read, understands and accepts the foregoing provisions and conditions and agrees to construct the driveway(s) in accordance with the accompanying specification plan reviewed and approved by the Board of County Commissioners. Signed: Address: Telephone Number: Permit granted 01/28/2010, subject to the provisions, specifications and conditions stipulated herein. For Board of County Commissioners' of Garfield County, Colorado: 1, Lock_ Representative of Garfield County Road and Bridge Signature Specifications 1. A driveway approach is understood to be that portion of the county road right -of way between the pavement edge and the property line that is designed and used for the interchange of traffic between the roadway and abutting property. 2. At any intersection, a driveway shall be restricted for a sufficient distance from the intersection to preserve the normal and safe movement of traffic. (It is recommended for rural residence entrances that a minimum intersection clearance of 50 feet be provided and for rural commercial entrances a minimum of 100 feet be provided.) 3. All entrances and exits shall be so located and constructed that vehicles approaching or using them will be able to obtain adequate sight distance in both directions along the county road in order to maneuver safely and without , interfering with county road traffic. 4. The Applicant shall not be permitted to erect any sign or display material, either fixed or movable, on or extending over any portion of the county road right-of-way. 5. Generally, no more than one approach shall be allowed any parcel or property the frontage of which is less than one hundred (100) feet. Additional entrances or exits for parcels having a frontage in excess of one hundred 100) feet shall be permitted only after showing of actual convenience and necessity. 6, All driveways shall be so located that the flared portion adjacent to the traveled way will not encroach upon adjoining property. 7. No commercial driveway shall have a width greater than thirty (30) feet measured at right angles to the centerline of the driveway except as increased by permissible radii. No noncommercial driveway shall have a width greater than twenty (20) feet measured at right angles to the centerline of the driveway, except as increased by permissible radii. 8. The axis of an approach to the road may be at a right angle to the centerline of the county road and of any angle between ninety (90) degrees and sixty (60) degrees but shall not be less than sixty (60) degrees. Adjustment will be made according to the type of traffic to be served and other physical conditions. 9. The construction of parking or servicing areas on the county road right-of-way is specifically prohibited. Commercial establishments for customer vehicles should provide off -the -road parking facilities. 10. The grade of entrance and exit shall slope downward and away from the road surface at the same rate as the normal shoulder slope and for a distance equal to the width of the shoulder but in no case less than twenty (20) feet from the pavement edge. Approach grades are restricted to not more than ten percent (10%). 11. All driveways and approaches shall be so constructed that they shall not interfere with the drainage system of the street or county road. The Applicant will be required to provide, at his own expense, drainage structures at entrances and exits, which will become an integral part of the existing drainage system. The Board of County Commissioners or their representative, prior to installation, must approve the dimensions and types of all drainage structures. Note: This permit shall be made available at the site where and when work is being done. A work sketch or drawing of the proposed driveway(s) must accompany application. No permit will be issued without drawing, blueprint, or sketch. 1. Permit Owner: 2. Mailing Address: Utility Permit Check Off Form Lacy Orr and Gil Smith P.O. Box 787 3. City: Carbondale 81623 New Castle 81647 Parachute 81635 4. Phone No: Silt 81652 Other Glenwood 81601 Rifle 81650 1)arhv. Montana. 59829 ( 406) 531-6777 5. County Road No: Fax No: Cr. 312 6. Nearest Intersection or Address: 7. Distance from Int. or Address: 8. Direction from Int. or Address: 9. Type of Installation: 10. Sub Contractor: 11. Contact Person: 12. Address: 13. Phone No: 14. Job Number: 15. Open road cut: 16. Side of road: N E 17. Road bore pits: 18. Road bore cased: 6640 County Road 312 1,600 Feet ( Approx.) N E 5 W Domestic Water line John L. Taufer P.O. Box 2271 Glenwood Springs, CO 81602 (970) 945-1337 Fax No: (970) 945-7914 Road bore S X W County right of way Yes Utility Trench Full road width Private property No xl Il 19. Road bore will be attempted 3 times before open road cut will be permitted or boring tool is stuck. Permit holder will contact person -issuing permit for approval prior to cutting road surface. 20. Depth of installation: 21. Length of installation: 5 -foot minimum to top of pipe 60 -Feet 22. Installations within County right of way over 1000 -feet in length require a survey, BOCC approval and an as -built upon completion of project. 23. Survey required before issuing permit: Yes 24. Type of backfill: Road base: Plofill: Xl No Excavated Material: If backfill is road base or excavated material, backfill will be compacted to 95% with water to include shoulder, drainage ditches and pits used for road bore. All rocks 10 -inches or larger shall be removed from site. No wet or frozen material removed from excavation will be used for backfill. 25. Asphalt Replacement: Yes: L X No: If yes asphalt will be 4 -inches Of hot compacted asphalt. Asphalt will be saw cut 2 -feet larger than excavation area. Replacement asphalt will be 1 -lane minimum width the size of the cut or full road width if cut crosses centerline of road. 26. Replacement of mag. chloride surface: Yes No I X I If yes person issuing permit will give specifications on rep acement. e length of road surface damaged by a utility installation will require replacement. This will include hauling of equipment and materials. 27. Certified traffic control required: Yes 28. Work zone signage only required: Yes 29. Person Requesting Permit. 30. Person issuing Permit: 31. District permit issued in: 32. Date checklist completed: X No No X John L. Taufer Jake h. Mall 1 2 3 X January 18, 2010 Note: Asphalt replacement if damaged during project. 1. Permit Owner : 2. Address: Driveway Permit Check Off Form Lacy Orr and Gil Smith P.O. Rnx 7R7 3. City: Carbondale 81623 New Castle 81647 n Parachute 81635 n 4. Phone No: Glenwood Springs 81601 Silt 81652 Rifle 81650 ri Other (4(161 531-6777 5. County Rd. No: Darby. Montana 59R29 Fax No: Cr. 'i 12 6. Nearest Intersection or address: 7. Distance from Int. or address: 8. Direction from Int. or address: N 6640 Cnnnty R nar1 119 Acrnsq 317 frnm Rxistina Drive E X Sn wn 9. Side of road: N n E S 10. Width of driveway: 30 -foot ❑X 40 -foot Other: 11. Culvert required: Yes n 12. Size of culvert required: 12 -inch Other: 13. Length of culvert required: 30 -foot 40 -foot 14. Asphalt or concrete pad required: X w 100 -foot No n 15 -inch X 18 -inch X Yes X othe4 No 15. Size of pad: 30 -foot wide X 10 -foot long X 4 inches thick: Yes 40 -foot wide X 10 -foot long X 4 -inches thick: Yes 100 -foot wide X 20 -foot long X 4 -inches thick: Yes Other: n 16. Gravel portion required: Yes ri No n 17. Length of gravel portion: 40 -foot n 50 -foot ` 1100 -foot 18. Trees or brush removed for visibility: Yes 19. Distance and direction from driveway to be removed: No X 20. Driveway must be no more than 3 % scope away from County road. 21. Drive must be constructed so no drainage accesses County road from driveway. Hi 22. Certified traffic control required: 23. Work zone signage only required: Yes Yes 24. Stop sign required at entrance to County Rd. Yes X No No No f "I 25. Inspection of driveway will required upon completion and must be approved by person issuing permit or representative of person issuing permit. 26. Person issuing permit: 27. District permit issued in: 28. Date checklist completed: Jake B. Mall 1 2 n 3 I xf January 18, 2010 SuRVC©,.� RTK GPS and Conventional Land Surveying Services MEMO Tuesday, March 06, 2007 To: John Taufer From: Samuel Phelps Re: County Parcel No. 2183-302-00-008 and eligibility for Exemption John; As you have requested we have researched the chain of title for the above referenced property known as the S1/2SE1/4, Section 30, Township 6 South, Range 90 West of the 6th P.M. and containing approximately 80 acres by standard aliquot division and find that one (1) other parcel has been created from this parent parcel as described below: • Parcel 2183-302-00-055 was created by Warranty Deed recorded in Book 368 at Page 481, Aug. 11, 1965 which predates the Jan. 1, 1973 requirement, therefore not counting against the maximum allowable number of parcels that could be created by the Exemption process. Therefore it appears that the balance of the parenting parcel known as Parcel No. 2183- 302-00-008 containing approximately 78.5 acres would qualify for exemption from the definition of subdivision according to the Subdivision Requirements of Garfield County amended March 2004. PH: (970) 945-5945 0261/2 GRAND AVENUE Fos - OFFICE Box 2782 GLENWOOD SPRINGS, CO. 8 1 60 2-278 2 8 U RvCO@ EA RTH LI N K. N ET FAX: (970) 945-5945 2.$'f Exist. I Nouse 1Y. ead Power Llne(s) o �x 6711 • 6720.00 I�r 0.0 40.00 /9 N 00.43'40' E u) m 20' Electric Line Easement to be created by this plat (typicai) 1/0- 1/6 to hvire4 6770.00 650.00 0—� C�=Syi 46 0— 20.15p tc5s 20.192 Acres 1162 ----- I.�rt Ci 17)4J I...r3i rtti i-rc -igra LIr rt -If Meeting Summary Date: January 5, 2010 Project: Orr/Smith Exemption — MAEA-12-09-6232 Attendees: John Tauffer, Samuel Phelps, Michael Erion, John Niewoehner, Molly Orkild-Larson Topics of Discussion: All the technically incomplete items listed and additional notes were discussed and the following actions are to be investigated or taken. • Molly to check with the Director on the 24 hour pumping requirement with consideration of Adequacy of Water - Well Drilling and Testing, Exemption. John Niewoehner suggested that John Taeffer write a letter to the Director requesting that Lot 1 be excused from the 24 -hr pump test or that the 24 -hr pump test be a condition of approval and to take place before the Plat is recorded. • To provide clarification and provide evidence of sufficient water supply for all the exemption lots, Michael Erion will re -summarize the well use (physical and legal water). • John Niewoehner will investigate how to guarantee that water will be disinfected. John recommended placing a plat note stating that houses using this water will need to be equipped with a water disinfection system. • Molly is to send Deb Quinn an email with Sam Phelps, the surveyor, email address and phone number for her to call him to discuss how CR 312 is to be shown on the Plat. • Item 9 is to be a set as a condition of approval.