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September 5, 2003 Fred Jarman, Senior Planner Garfield County Building & Planning Dept. 108 8th Street, Suite 201 Glenwood Springs, CO 81601 st A S * Re: Native Springs Subdivision Certification of Completed Improvements HCE Project No. 2000056.03 Dear Fred: I am writing on behalf of Jim and Paul Luginbuhl, the owners and developers of the property encompassing Native Springs ("Owner"). In accordance with paragraph 2 of the Subdivision Improvements Agreement ("SIA") to be executed by and between the Owner and the Board of County Commissioners for Garfield County, Colorado, please consider this letter certification by the project engineer, High Country Engineering, Inc. (HCE) that as to the subdivision improvements itemized in paragraph 2 of the SIA: 1. that all work performed and materials supplied are in accordance with the plans and specifications; 2. that all work has been performed in a workman like manner; 3. that, based upon periodic inspections, High Country Engineering, Inc. has inspected, approved and hereby certifies that all such improvements have been constructed in accordance with the plans and specifications outlined and contained within paragraph 2 of the STA. As certified herein above, all subdivision improvements to be contained within Native Springs Subdivision have been completed. This certification of completion is not intended nor shall it in any manner relieve or discharge any party, including but not limited to all contractors and subcontractors of the Owner, from meeting any or all requirements imposed by contract or law, including commonly accepted industry practices. Should you have any questions or concerns regarding any of the above please feel free to contact me at your convenience. 1517 Blake Avenue. Ste. 101 Glenwood Springs, CO 81601 phone 970 945-8676 fax 970945-2555 14 Inverness Drive East, Ste. D-136 Englewood, CO 80112 phone 303 925-0544 • jirx 303 925-0547 Grand Junction, CO 80501 phone 970 858-0933 • fax 970 858-0275 Fred Jarman, Senior Planner Page 2 September 5, 2003 Sincerely, HIGH COUNTRY ENGINEERING, INC. Ron Weidler, F.E. Construction Manager High Country Engineer ng,:Iz1c. Cc: Barb Kozelka • 5/ STATE OF COLORADO OFFICE OF THE STATE ENGINEER Division of Water Resources Department of Natural Resources 1 313 Sherman Street, Room 818 Denver, Colorado 80203 Phone (303) 866-3581 FAX (303) 866-3589 wwwwater.state.co.us RECEIVED SEP 0 8 2003 G/40-- 'ELL) t;Uu Ngust 20, 2003 BUILDING &PLANiNC Fred Jarman Garfield County Building and Planning 109 8th St Ste 303 Glenwood Springs CO 81601 Re: Native Springs Subdivision Preliminary Pian Sections 2 & 11, T6S, R93W, 61h P.M. W. Division 5, W. District 39 Bill Owens Governor Greg E watcher Executive Director Hal D. Simpson, P.E. State Engineer Dear Mr. Jarman: We have reviewed additional information concerning the above referenced proposal to subdivide a parcel of approximately 66 acres into eleven residential lots. Each lot will be allowed one single-family dwelling and one accessory dwelling. Water for the dwellings and 500 square feet of lawn and garden per lot is to be provided by individual on lot wells constructed under permit nos. 54918-F through 54928-F, currently permitted under Permit Nos. 57484-F through 57494-F. The latter permits were issued on May 23, 2002 pursuant to a contract with the Basalt Water Conservancy District (the District). Zancanella and Associates, Inc. estimate well water use, as 8.94 acre-feet of diversions and 1.52 acre-feet of consumptive use. The Green Spring decreed in Case No. W-3914 is proposed as an additional source of stockwater. Additional irrigation use to occur via unspecified ditch water rights was not estimated. Fire protection water is to be provided through the well with Permit No. 235794. Sewage will be through individual septic systems. The additional information consists of a pump test conducted on August 19, 2003 (copy attached) by Syracuse Drilling & Pump Co., Inc. indicating that the well for lot 7 (permit no. 57490-F) produced 22 gallons per minute over a four-hour period, and that the drawdown at the end of the test was 10.7 feet. Recovery data were not provided. Based on the aquifer materials noted in the Well Construction and Test Report and the earlier well test conducted on November 2 and 3, 2000 by the Samuelson Pump Company for the well with permit no. 57485-F, the additional wells should also provide an adequate water supply if they exhibit production rates similar to these tests and recoveries similar to the pump test completed by the Samuelson Pump Company. Permit Nos. 57484-F through 57494-F each limit use to ordinary household purposes inside two single family dwellings, the irrigation of not more than 500 square feet of home gardens and lawns, and the watering of domestic animals, which is adequate for the proposed uses. [Comparison of the Basalt contract amount (9.39 acre-feet) with the total water use estimate (8.94 acre-feet) reveals that there is an excess contract amount of 0.45 acre-feet, which is adequate to provide for three horses or cows per lot.] However, we have not received a Well Construction and Test Report for Permit No. 57485-F, or Pump Installation and Test Reports or Statements of Beneficial Use for any of these wells. If these documents are not received prior to May 23, 2004, the well permits will expire and be of no effect. Garfield County Building and Planning August 21, 2003 Native Springs Subdivision Preliminary Plan A report detailing the historical use of the Green Spring must be provided for our review and comment prior to its use as a supply for the proposed development. Our records also indicate that the well with Permit No. 208670 was issued for and constructed on the existing parcel. Note that Section 37-92-602(3)(b)(III), C.R.S., requires that the cumulative effect of all wells in a subdivision be considered when evaluating material injury to decreed water rights. Therefore, the existing exempt well must be included in either the District's substitute supply plan or an augmentation plan, or must be plugged and abandoned, since the provisions of C.R.S. 37-92-602 which allowed for issuance of this well permit will no longer apply. Based on the above, it is our opinion, pursuant to Section 30-28-136(1)(h)(!), C.R.S., that the proposed water supply will not cause material injury to decreed water rights, so long as valid well permits are maintained for all of the wells, no expanded use of the unspecified irrigation water rights occurs, and the disposition of Permit No. 208670 is resolved as stated in the preceding paragraph. If you or the applicant has any questions concerning this matter, please contact Craig Lis of this office for assistance. Sincerely, Dick Wolfe, P.E. Chief of Water Supply KWKICML/Native Springs iii.doc cc: Alan Martellaro, Division Engineer James R. Lemon, Water Commissioner, District 39 July 29, 2003 Ms. Barbara P. Kozelka Petre & Petre, P. C. 110 Eighth Street Post Office Drawer 400 Glenwood Springs, CO 81602 Re: Native Springs Final Plat Impact Fee Calculation Revision Garfield County BUILDIVG dlc PL.-V\'TVG DEPARTMENT RECEIVED AUG 08iU3 GARFIELD COUNTY BUILDING & PLANNING j°130 _0,92 Dear Barbara, Upon further review, Staff determined the road impact fee originally calculated for the Native Springs Subdivision contained an error in the calculation; an accurate calculation has been completed and provided to you under cover of this letter. More specifically, the miscalculation occurred in the following area: 1) The original calculation only contemplated an impact fee for 11 single-family units. In fact, Native Springs Subdivision was approved for not only 11 single-family =its, but the approval also included an Accessory Dwelling Unit (ADU) for each lot. This results in atotal of 22 units, not 11 units as previously calculated. As a result, the correctly calculated road impact fee required to be paid to Garfield County is a total of $41,151.00 (which is figured as 22 units x $1,870.50 per une = $41,151.00). As you know, your client is required to pay half of the fee as part of the Final Plat pro -fess which equates to $20,575.5 . :. live a balance o Gari erd G' iur ty wl,tch due .,f y0tliuclient paid lv,z�' 1. r t �� part or'Final Plat, 510,287.75 to be paid to Garfield County As always. do not hesitate to contact me in the event you have any questions. Very truly yours, Fred Jarman, Se 970.945.8212. Encl. Original Road Impact Fee calculation New Correctly Calculated Road Impact Fee or Planner 1 Tf8th Street. Suite 2111. Glenwood Springs, Colorado 81601 1970) 945-3212 !97111 285-7972 Fax; (9711) 384-3470 ...■■F- E St, URCE . ■.■■ . ■■■■ ■.■■■ E N G I N E E R I N G INC Mr. Fred Jarman Garfield County Building & Planning Dept. 108 Eighth St., Suite 201 Glenwood Springs CO 81601 RE CEIVED AUG 0 5 2003 CaARFfELD COUNTY RE: Native Springs Final Plat Drainage ReN4PING & PLANNING Dear Fred: August 4, 2003 At you request, Resource Engineering, Inc. (RESOURCE) has reviewed the final drainage plans for the Native Springs final plat as well as the stormwater management plan. Based on our review. we believe the drainage plan and stormwater management plan are adequate for the proposed project. Please call if you have any questions or need additional information. Sincerely, RESOURCE ENGINEERING, INC. /7(E‘; Michael Erion, P.E. Water Resource Engineer MJECd€h 885-3.0 f nat spg final plt rev 885 Consulting Engineers and Hydrologists 909 Colorado Avenue ■ Glenwood Springs, C0 81801 ■ (970) 945-5777 ■ Fax (970) 945-1137 July 29, 2003 Ms. Barbara P. Kozelka Perte & Petre, P. C. 110 Eighth Street Post Office Drawer 400 Glenwood Springs, CO 81602 Garfield County BUILDING & PLANNING DEPARTMENT Re: Native Springs Final Plat Impact Fee Calculation Revision Dear Barbara, Upon further review, Staff determined the road impact fee originally calculated for the Native Springs Subdivision contained an error in the calculation; an accurate calculation has been completed and provided to you under cover of this letter. More specifically, the miscalculation occurred in the following area: 1) The original calculation only contemplated an impact fee for 11 single-family units. In fact, Native Springs Subdivision was approved for not only 11 single-family units, but the approval also included an Accessory Dwelling Unit (ADU) for each lot. This results in a total of 22 units, not 11 units as previously calculated. As a result, the correctly calculated road impact fee required to be paid to Garfield County is a total of $41,151.00 (which is figured as 22 units x $1,870.50 per unit = $41,151.00), As you know, your client is required to pay half of the fee as part of the Final Plat process which equates to $20,575,50. At present, your client paid $10,287.75 to Garfield County which leaves a balance due of $10,287.75 to be paid to Garfield County as part of Final Plat. As always, do not hesitate to contact me in the event you have any questions. Fred Jarman, Senior Planner 970.945.8212. Encl. Original Road Impact Fee calculation New Correctly Calculated Road Impact Fee 108 8th Street, Suite 201, Glenwood Springs, Colorado 81 601 (970) 945-8212 (970) 285-7972 Fax: (970) 384-3470 QUATTRO FILENAME: FEES-1.WB2 I i ROAD IMPACT FEE CALCULATION WORK SHEET Project/Applicant 1 Native Springs Road District 6 Land Use 11 SFD and 11 ADIJ (22 units) Date Prepared 6/2712003 Base Road Cost 53,410.000 Road Capacity in ADT 16,200 Road Cost per ADT 5210.49 ADT per Land Use 9.57 Base Road Impact Fees per Land Use S241I4.43 TAX CREDITS 80% of Annual R & B Property Tax per Land Use S28.16 County Discount Rate 1.06% Road Design Life (Years) 14 Present Worth Factor 12.95 Property Tax Credit - 5364.59 UNADJUSTED ROAD IMPACT FEE 51,649.83 [Base Road Impact Fee - Property Tax Credit] Th FLATION ADJUSTMENT Den Boulder CPI Year of Cost Estimate 158.5 Denver -Boulder CPI Year of Impact Fee Cale. 179.7 Inflation Factor 1.1338 [CPI for Collection Year/CP1 of Year of Cost Estimate] PRE -CONSTRUCTION EN -ELATION S1,870.50 ADJUSTED ROAD LIIPACT FEE 1 POST-CONSTRliCTION COST ADJUST: ENT 1 County Discount Rate I 1.06% 1 Term (Years since Construction 0 1 Compound Interest Multiplier 1 1.0000 1 POST -CONSTRUCTION I ADJUSTED ROAD IMPACT FEE I #N/A I Prepared by the Garfield Calm , Planning Department Courtney G. Petre Barbara P. Kozelka Judith A. Whitmore George J. Petre, Of Counsel LAW OFFICES PETRE & PETRE. P.C. 110 EIGHTH STREET POST OFFICE DRAWER 400 GLENWOOD SPRINGS. COLORADO 81602 April 3, 2003 VIA HAND DELIVERY Mark Bean, Director Garfield County Building & Planning 108 Eighth Street, Room 201 Glenwood Springs, CO 81 601 Re: Native Springs Subdivision -- FINAL PLAT SUBMITTAL Dear Mark: Telephone (970) 945-6521 Telecopier (970) 945-4885 E-mail - barbsofc@sopris.net NN1NG In accordance with Section 5:00 5:31 and Section 14:00 of the Subdivision Regulations of Garfield County, three copies of the documents and materials described in this letter are submitted for final plat approval for Native Springs Subdivision. For ease of review by your staff and future storage of these documents, each set of copies is submitted on a two -prong drop backboard with labeled dividers that correspond with this letter (with the exception of the large -size blue line drawings and plat being furnished directly to your office by High Country Engineering). Statutory vesting of property rights is requested pursuant to Section 14:00 of the subdivision regulations. Accordingly, 1 would appreciate adequate notice of when this matter will be scheduled before the Commissioners so that timely public notice can be arranged for and published pursuant to section 14:90. If for any reason, however, this would have the effect of delaying review by your staff or the Commissioners, we will defer the vested rights aspect until after the final plat is approved so as not to delay final plat approval. This submittal consists of the following: ENGINEERING: The following engineering documents were prepared or obtained by High Country Engineering, and Ron Weidler of High Country advises me that three copies of each will be delivered to your office this afternoon: 1. Final Plat with cover sheet; ¥i 2. Grading, Drainage and Erosion Control Plan, 3. Native Springs Drive Plan and Profile ✓ 4. Master Utility Plan ✓ • Mark Bean 04/03/03 Page 2 5. Irrigation System Layout , 6. Miscellaneous Detail Sheet ✓ 7. Water Tank Detail Sheet; 8. Access permit from the county road & bridge department (please note: Paul Luginbuhl is arranging for this and it should be delivered directly to your office by him next week); .1 9. Confirmation from High Country Engineering that the fence has been moved and that the historic agricultural access along the eastern boundary of the property has been abandoned, removed and restored. 10. Stormwater Discharge. Stormwater Discharge Permit and Stormwater Management Plan from High Country Engineering (please note: this is included with the enclosed materials). 11. Sewage Disposal. A copy of the "Sewage Requirements for The Native Springs Subdivision" for ISTS's prepared by High Country Engineering, the provisions of which have been incorporated into the Declaration of Covenants for the subdivision (see below; please note this is included with the enclosed materials). Any questions regarding engineering should be directed to Ron Weidler at High Country Engineering. WATER SUPPLY: 1. Well Permits: Copies of the following well permits are enclosed for each of the twelve wells (11 household and one fire protection well): Well No. 1 057484-F Well No. 2 057485-F Well No. 3 057486-F Well No. 4 057487-F Well No. 5 057488-F Well No.6 057489-F Well No. 7 057490-F Well No. 8 057491-F Well No. 9 057492-F Well No. 10 057493-F Well No. 11 057494-F Fire Protection Well 235794. Permits for Wells No. 1 - 11 expire on 5/23/03 and Zancanella & Associates has prepared • • Mark Bean 04/03/03 Page 3 extension requests for the permits. Well Construction and Test Reports accompany each permit copy. 2. Pump Tests: (a) Pump Test Data Report for Well No. 2 prepared by Zancanella & Associates; (b) Pump Test reports for Wells No. 1 and 3 - 11, plus the fire protection well, prepared by Syracuse Pump & Drilling, Inc. 3. Fire Protection District Approval: A copy of a letter dated 4/3/02 from Mike Morgan, 1/ District Chief for the Rifle Fire Protection District to Kit Lyons of Garfield County Building and Planning approving the design of the fire protection system. 4. Water Quality Tests: Letter dated 03/7/03 from Zancanella & Associates containing results of water quality testing for the wells. (See also Zancanella's letter of 3/12/01 regarding water quality test results for Well No. 2). S. Water Supply & Augmentation: Copy of letter dated 03/12101 from Zancanella & Associates regarding the overall water supply, including a copy of West Divide Water Conservancy District Water Allotment Contract/Lease No. 000906PJL(a).. Also attached is the approved Application for Assignment of Ownership of the West Divide contract to the Native Springs Subdivision Property Owners Association, and an approved application for amendment of the contract. 6. Irrigation Water: Copy of letter dated 08110/01 from Tom Zancanella to Kit Lyons providing documentation for the irrigation water supply. Questions regarding the water supply should be directed to Zancanella & Associates. ADMINISTRATIVE: 1. Declaration of Covenants & HOA. Certificate of Good Standing from the Colorado Secretary of State's Office for Native Springs Subdivision. Property Owners Association and a copy of the "Declaration of Covenants, Conditions, Restrictions and Easements.., 2. Mineral Rights. Copy of "Release of Oil and Gas Lease" recorded on 02/24/03 in / Book 1439 at Page 682. Prior to preliminary approval there appears to have been a misconception V that the mineral rights had been severed from the surface estate. This is not true. The Luginbuhls received the mineral rights with their warranty deed, and the only mineral lease known to be of record against the property is now released by the above -referenced instrument. 3. Subdivision Improvements Agreement. A proposed SIA is enclosed. Ron Weidler at High Country advised me today that their materials to be delivered to your office later today will contain an itemization of the completed public improvements. The only public improvement Ieft to be 1/r completed is the chip and seal for Native Springs Drive and I have attached to the proposed SIA High Country's estimate of $12,098.73 for the chip and seal. The Luginbuhls are in the process currently of having the chip and seal bid and completed, so it is very possible that by the time your review of this submittal is complete the chip and seal will also be complete and certified by High Country, in which case a security instrument will not be necessary. I will revise the SIA accordingly in that event. • Mark Bean 04/03/03 Page 4 4. Tax Certificate. A certified tax certificate from the county assessor dated 04/01/03 showing that the property taxes have been paid. 5. Impact Fees. a. RE-2 school impact fees: This subdivision is located in the RE -2 school district. Attached to this letter is the developer's check in the amount of $2,200.00 made payable to Garfield County for payment of the school impact fee. /b. that there are no impact fees for this district at the present time. Rifle Fire Protection District: I was informed by a representative of the district c. Road impact fee: I have enclosed thc worksheet for calculating the road impact fee, I would appreciate your assistance with this calculation to make sure it is computed correctly. 6. Vested Rights. Proposed Notice of Public Hearing for vested rights approval. Please call me if you have any questions about the items in this category designated "Administrative," Sincerely. /71/ izi tk BARBARA P. KOZELKA BPK/fm encls. cc: Jim & Paul Luginbuhl Ron Weidler, High Country Engineering Native Springs Subdivision OPINION OF PROBABLE CONSTRUCTION COST (April 3, 2003 ITEM HCE JOB NO: 2000056.01 UANTITY k:lgp rodatal file12000\0561056cst. zls UNIT COST COST [Grading and Earthwork Chip and Seal. 2% Construction Administration 3,389;S.Y. $3•.50 $11,861.50 l SUBTOTAL $11,861.50 $237.23 TOTAL $12,098.73 This opinion of probable construction cost was prepared for estimating purposes only. This estimate does not include engineering services, construction staking, surveying, tap fees, construction testing. construction administration, or utility soft costs. High Country Engeering, Inc. cannot be held responsible for variances from this estimate as actual costs may vary due to bid and market fluctuations. -Fc �.u�c��.��..�✓.mac Memo To: Garfield County Planning Department From: Ronald E Weidler, P.E. Date: April 3, 2003 Re: Native Springs Subdivision -- Construction to Date HCE Project No: 2000056.03 Native Springs Subdivision has been constructed per the Final Plan Documents for Native Springs Subdivision, Garfield County, Colorado except for the items listed in the attached cost estimate. Please contact this office if you have any questions. 1517 Blake Avenue, Suite 101 Glenwood Springs, Co 81601 Telephone (970) 945-8676 - Fax (970) 945-2555 14 Inverness Drive Fast Suite B-344 Englewood, CO 80112 Telephone (303) 925-0544 - Fax (303) 925-0547 P.O. Box 1908 1005 Cooper Ave. Glenwood Springs, CO 81602 Z4NC4NELL4 AMID 40004 TES, ifNC. Et4014011111G CONSULT4NT5 July 8, 2003 Mr. Jim Lu nbuhl Mr. Paul ginbuhl Native S rings Subdivision P. 0. B 950 Basalt, 0 81621 Re: Water Quality for Native Springs Dear Jim and Paul: (970) 945-5700 (970) 945-1253 Fax JUL - 9 2003 In reference to radiological testing done on the lots at Native Springs, the MCL (Maximum Contaminant Level) is 15 pCi/L as per the attached Radiological Analysis Form from the Colorado Department of Public Health and Environment (CDPHE), All of the lots except Lot 5 exceed the MCL. CDPHE recommended treatments are listed on the attached Table. Given the general overall water quality of the property, we suggest that reverse osmosis systems be used for water treatment. The Cottonwood Springs Trailer Park (your neighbor) has been successful using this technology for several years. These are unregulated individual wells and there is no requirement that the homeowner treat the water. If you have any questions, please contact our office at (970) 945-5700. Very truly yours, Zancaneffa & Associates, Inc, (rt • as,;Cv Thomas A. Zancaneila, P.E. Attachment cc: Ron Liston ,,J Barbara Kozelka Z:t20000120722 Native Springs Sub\radiodogicai Itr.dot Colorado Ikputrnent of Public Health and En vironmcnt • Colorado Department of Public Healt d Environment Compliance Assurance & Data Management Unit REPORTING FORM FOR RADIOLOGICAL ANALYSIS SAMPLER: FILL OCT ONE FORM - FOR EACH INDIVIDUAL SAMPLING POINT Are these results to be used to fulfill compliance monitoring requirements'? YES or NO 0 Is this a check or confirmation sample? ❑ YES ❑ NO PWSID #: COUNTY: DATE COLLECTED: 1 1 SYSTEM/ESTABLISHMENT NAME: SYSTEM MAILING ADDRESS: CONTACT PERSON: Street addr esv PO Boa Crry STATE ZIF PHONE: € 1 SAMPLE COLLECTED BY: TIME COLLECTED: arrllpm WATER TYPE: SAMPLE POINT: EPTDS- RAW (No chlorneor other treaunentl ❑ CHLORINATED ❑ OTHER TREATMENT ❑ LOCATION: Address SOURCE(S) REPRESENTED: DO SAMPLES NEED TO BE COMPOSITED BY THE LABORA'T'ORY'? YES ❑ NO [] CHECK OR CONFIRMATION SAMPLES CANNOT BE COMPOSITED For Laboratory Use Only Bel©w This Line LABORATORY SAMPLE r LABORATORY NAME: DATE RECEIVED IN LABORATORY: COMMENTS: CLIENT NAME or [D# LAB PHONE 4 t DATE ANALYZED: PARAMETER RESULT UNITS MCL Y STANDARD 1 Lab MDLMETHOD Gros Alpha oCL'`L I5 pCuL I pCilL l Screening Gross Beta pCia. Trigger level of 50 pCirL pCi/L TOTAL SOLIDS 1 me.'L N/A 8 m JL Radium 226 i pCuL Ra -226+225= 5 oCfLpCiIL _ Radium 228 pC'uL Ra -226x228— 3 pCi/L 1 i pCi/L Uranium ❑ ug/L ❑ pCi/L 30 }tg,L effective 12/08/03 0 nil- 0 pC t. Radon 222 1 pCvL N/A F i pCi;L BDL = Indicates that the compound was analyzed for. but was below the Lab MDL. dgtL = micrograms per Liter mgiL = Milligrams par Liter MCL = Maximum Contaminant Level NT = Nos Tasted for compound Lab MDL = Laboratory Method Dctection pCiaL = Pleocurics per Liter • MCL for Radium 226 and 228 COMBINED is i pCi.L = 30 tigit. iapprox.:o pCi:L1 MCL Effc:ave 12i0&03 N/A = Not Applicable IF THE GROSS ALPHA EXCEEDS 5 pCIJLTHE SAME OR EQUIVALENT SAMPLE MUST 8E ANALYZED FOR RADIUM -Z26. IF THE RADIUM - 226 EXCEEDS 3 pCi/L, THE SAME OR AN EQUIVALENT SAMPLE MUST BE ANALYZED FOR RADIUM -1'M IF THE GROSS ALPHA EXCEEDS 15 pCi/L THE SAME OR EQUIVALENT SAMPLE MUST ALSO BE ANALYZED FOR URANIUM. Laboratory Results Reviewed & Approved by Title Date MAIL RESULTS TO: CDPHE, WQCD-CADM-B2, 4300 Cherry Creek Drive South, Denver, CO 80246-1530 Compliance Alpha= For State Use ONLY Combined Radium-226-rRadium223= 1. FORMS I_,`FlFf 1R ,1S iiirm Rad.,RA Rc r! Fa rm t? t0 M3 dna• Page l of 2 40 CFR 141.66(g) 07/08/03 1 Tonle B. BAT for Combined Radium -226 and Radium -228, Uranium. Gross Alpha Particle .activity, 2 and Beta Particle and Photon Radioactivity 3 Contaminant BAT 1. Combined radium -225 and radium -22S I Ion exchange. reverse osmosis. lime softening 2. Uranium All ,round waters Eon exchange. reverse osmosis. lime softening, coagulation filtration 3. Gross ainha particle acaviry Surface waters usually require ore -filtration Reverse osmosis {excluding Radon and liraniumi 4. Beta particle and photon radioactivity ] lon exchange. reverse osmosis 4 5 (a) Small systems compliance technologies list for radionuclides. 6 7 8 9 Table C. List of Small Systems Compliance 'Technologies for Radionuclides and Limitations to Use Unit technologies Limitations (see i Operator skill level I footnotes) required' Raw water quality range and considerations' 1. Ion exchange (1E) , las I Intermediate AlI ground waters Z. Point of user POU') EE rbi Basic All ,round waters 3. Reverse osmosis f RO) is t Advanced Surface waters usually require ore -filtration 4. POU' RO ib i i Basic Surface waters usually require pre -filtration 5. Lime softening fdl .Advanced All waters O. Green sand filtration ret Basic '. Co -pr ecipnation with Barium sulfate 1 if) Intermediate to Advanced Ground waters with suitable water quality S. Elecrrodiaivsisi Electrodialysis reversal Basic to Intermediate I All mound waters 9. Pre -formed hydrous Manganese oxide i t_) ;IEtration Intermediate All ground waters 10. Activated alumina fah lh) Advanced All ground waters: compering anion concentrations may affect regeneration frequency 11. Enhanced coagulation/ filtration , t it .Advanced Can treat a wide ranee of water qualities_ 10 1 1 I National Research Council (NRC). Sate Water from Every Tap: Improving Water Service to SmalI Communities. National Academy Press. 12 Washington. D.C. 1997. 13 _ A, POU. or "point -of -use" technology is a treatment device installed at a single tap used for the purpose of reducing contaminants in 14 drinking water at that one tap. POU devices are typically installed at the kitchen tap. See the ApriI 21, 2000 NODA for more details. 15 16 Limitations Footnotes: Technologies for Radionuclides: 17 (a) The regeneration solution contains high concentrations of the contaminant ions. Disposal options should be artfully considered before 18 choosing this technology. 19 tb1 When POU devices are used Por compliance. programs for long-term operation, maintenance, and monitoring must be provided by water 20 utility to ensure proper performance. 21 toReject a% iter disposal o ,tions should be carefully considered before choosing this technology. See other RO limitations described in the SWTR Compliance Technologies Table. 73 (d) The combination of variable source water quality and the complexity of the water chemistry involved may snake this technology too 24 complex For small surface water systems. ?5 (e) Removal efficiencies can vary depending on water quality. ?6 (0 This technology may be very limited in application to small systems. Since the process requires static mixing. detention basins, and 27 filtration, it is most applicable to systems with sufficiently high sulfate levels that already nave a suitable filtration treatment train in place. -)8 (g) This technology is most applicable to small systems that already have filtration in place. ?9 (h) Handling of chemicals required during regeneration and pH adjustment may be too difficult for small systems without an adequately trained 0 operator. .a1 (i) Assumes modification to a coagulationf filtration process already in place. 32 Radionuclides Page 1 of 2 40 CFR 141.66(g) 07/08/03 Table D. Compliance Technologies by System Size Category for Radionuclide NPDWR's Contaminant Compliance technologies t for system size categories (population served) 25-500 1 501-3.300 3.300-10,000 1. Combined radium -226 and radium -223 1, 2.3, 4.5, 6.7. 8.9 1 1, 2, 3.4, 5, 6. 7, 8, 9 1. 2, 3, 4, 5, 6, 7, 3, 9 2. Gross alpha particle activity 3. 3 1 3. 4 1 3. 4 3. Beta particle activity and photon activity 1, 2. 3, 4 . I. 2.3.4 1 1. 2.3, 4 4. Uranium 1 !. -. x.10. 11 1 1.2. 3, 4. 5, 10. 11 1 1.2, 3. 4, 5. 10. 11 4 5 Note: ' Numbers correspond to those technologies found listed in the table C of 141.66(h), 6 7 [65 FR 76748, Dec.7,222000] 8 EFFECTIVE DATE NOTE: At 65 FR 76748, Dec. 7, 2000, §141.66 was added. effective Dee.3, 2003 9 Radionuclides Page 2 of 2 P.O. Box 1908 1005 Cooper Ave. Glenwood Springs, CO 81602 • ,0"<\\ • Z1NC4NfLL4 4140 4550C14 TES, INC. RECEIVED JUL 0 8 2DU3 LA,FtFJELU COUNTY StJIWING & PLANNING ENGINEERING CONSULT4NTE Mr. Mark Bean Garfield County Planning Department 108 Eighth Street, Suite 201 Glenwood Springs, CO 81601 July 7, 2003 (970) 945-5700 (970) 945-1253 Fax RE: Native Springs Subdivision Dear Mark: Attached is the well permit, #59827-F, which replaces the exempt well permit, #208670, for Native Springs Subdivision. If you have any questions, please call our office at (970) 945-5700. Very truly yours, Zancanella & Associates, Inc. Thomas A. Zancanella, P.E. ttach enf rzi�r.�,.i it 1 f A 14 cc: Jim and Paul Luginbuhl Ron Liston Barbara Kozelka Z:120000\20722 Native Springs Sub120031garco-wellpermit.wpd Form No. GWS -25 APPLICANT OFFICE OF THIOIATE ENGINEER COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 866-3581 • LIC WELL PERMIT NUMBER 59827 -F DIV. 5 WD39 DES. BASIN MD Lot: JIM E & PAUL B LUGINBUHL % ZANCANELLA & ASSOCIATES P O BOX 1908 GLENWOOD SPRINGS, CO 81602- 2 Block: Filing: (970) 945-5700 CHANGE/EXPANSION OF USE OF AN EXISTING WELL Subdiv: NATIVE SPRINGS APPROVED WELL LOCATION GARFIELD COUNTY NW 1/4 NE 1/4 Section 11 Township 6 S Range 93 W Sixth P.M. DISTANCES FROM SECTION LINES 800 Ft. from North 1790 Ft. from East Section Line Section Line UTM COORDINATES Northing: Easting: ) ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit does not 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. 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 37-90-137(2), to use an existing well constructed under permit no. 208670, appropriating ground water tributary to the Colorado River, as an alternate point of diversion to the Avalanche Canal and Siphon, on the condition that the well shall be operated only when the West Divide Water Conservancy District's substitute water supply plan, approved by the State Engineer, is in effect, and when a water allotment contract between the well owner and the West Divide Water Conservancy District for the release of replacement water from Ruedi Reservoir is in effect, or under an approved plan for augmentation. WDWCD contract #000906PJL(a). 4) The issuance of this permit hereby cancels permit no. 208670. 5) The use of ground water from this well is limited to ordinary household purposes inside two single family dwellings, the irrigation of not more than 500 square feet of home gardens and lawns, and the watering of domestic animals. All use of this well will be curtailed unless the water allotment contract or a plan for augmentation is in effect. This well is known as WELL #2. 6) The maximum pumping rate of this well shall not exceed 15 GPM. 7) The average annual amount of ground water to be appropriated shall not exceed 0.85 acre-foot (277,000 gallons). 8) The owner shall mark the well in a conspicuous place with well permit number(s), name of the aquifer, and court case number(s) as appropriate. The owner shall take necessary means and precautions to preserve these markings. 9) This well shall be located not more than 200 feet from the location specified on this permit. 10) A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records of all diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon reques ii 7,42./6 3 } APPROVED JSG Receipt No. 0512130 r State Engineer By EXPIRATION DATE DATE ISSUED 07-02-2003 07-02-2004 Courtney G. Petre Barbara P. Kozelka Judith A. Whitmore George J. Petre, Of Counsel VIA HAND DELIVERY LAW OFFICES PETRE & PETRE. P.C. 110 EIGHTH STREET POST OFFICE DRAWER 400 GLENWOOD SPRINGS, COLORADO 81602 July 23, 2003 Fred Jarman, Senior Planner Garfield County Building & Planning Department 108 8' Street, Suite 201 Glenwood Springs, CO 81601 Re: Dear Fred: Native Springs Subdivision Telephone (970) 945-6521 Telecopier (970) 945-4885 E-mail - barbsofc@sopris.net Enclosed for your review is a revised copy of the Final Plat for Native Springs Subdivision. Also enclosed is a revised draft of the declaration of covenants, together with copies of the six "redlined" pages on which the covenant revisions are highlighted. I apologize for the faint print on the "redline" pages. The revisions to the covenants were largely made to accommodate creation of the "Common Area Cul -de -Sac Parcel" and corresponding easement for the sub -surface fire protection water storage tank, although I also took the opportunity to make some minor housekeeping refinements that are reflected in the "redlined" pages. Please let me know if further revisions to the plat are necessary. Thank you for your assistance. BPK/fm encl. RECEIVED JUL 2;3 2003 GARFIELD COUNTY BUILDING & PLANNING Sincerely, , BARBARA P. KOZELKA • DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS FOR NATIVE SPRINGS SUBDIVISION DRAFT ay:� JAMES LUGINBUHL and PAUL LUGINBUHL (hereinafter collectively, "Declarant"), as the owners of Native Springs Subdivision, desiring to insure the development and continuity of said Subdivision as a residential subdivision, in accordance with the Colorado Common Interest Ownership Act (Section 38-33.3-101, et seq., C.R.S.; hereinafter, "the Act"), for themselves, their successors, legal representatives, assigns and grantees, hereby declare to and for the benefit of all persons who may hereafter purchase and from time to time own land located within the Native Springs Subdivision, that said ownership and holding of title to said land shall be subject to the following covenants, conditions, restrictions and easements, all of which shall be deemed to be appurtenant to and to run with the land comprising the Subdivision as described in Exhibit A attached hereto, and inure to the benefit of and be binding upon the owners of said lands or any portion thereof, their heirs, successors and assigns. ARTICLE I DEFINITIONS The following words when used in this Declaration or any supplement or amendment hereto, unless inconsistent with the context of this Declaration, shall have the following meanings: 1. Association. The term "Association" shall mean and refer to the Native Springs Subdivision Property Owners Association, Inc., and its successors and assigns. The Association shall be a nonprofit corporation formed and incorporated under the laws of the State of Colorado for the purpose of serving and operating as the property owners' association for the Subdivision. The Association shall be governed by; this Declaration; by its Articles of incorporation; by Bylaws duly adopted in accordance with law by applicable provisions of Colorado law including but not limited to the provisions of the Act as applicable to a planned community; and by such rules and regulations as the Association may duly adopt from time to time as provided in the Bylaws (hereinafter collectively referred to as "Governing Documents"). Administrative dissolution of the Association as a ministerial act by the Colorado Secretary of State for reasons unintended by the Board (as defined hereinbelow) or otherwise due to administrative oversight, shall not affect the Association's authority. 2. Board. The terns "Board" or "Executive Board" shall mean the Board of Directors of the Association. 3. Common Area. The term "Common Area" shall mean, collectively: (a) a parcel of real property identified on the recorded Plat of the Subdivision as "Open Space" and all improvements appurtenant thereto; and (b) a parcel of real property identified on the Plat as "Common Area Cul -de -Sac Parcel" and all improvements appurtenant thereto. Title to the Common Area shall be held in ownership by the Association as trustee for the benefit of all Owners of Lots in Native Springs Subdivision. The Common Areas are Common Elements as defined hereinbelow. 4. Common Elements. The term "Common Elements" refers to all interests in real property and improvements thereon located within the Subdivision and owned by the Association for the Declaration of'Covenants, Conditions, RestriClio,is and Easements f rr Native Springs Subdivision Page 1 benefit of the Lot Owners, including, without limitation, the Common Area and easements reserved on the Plat and/or in this Declaration for the benefit of the Association. "Common Elements" does not include the Lots. "Common Elements" additionally and specifically includes but is not limited to all right, title and interest in the fire protection water well serving the Subdivision, equipment and fixtures appurtenant thereto, and the lire protection water storage tank installed for the benefit of the Rifle Fire Protection District (and its successors) and the Association. Title to all Common Elements shall be held by the Association as trustee for the benefit of all Owners of Lots in the Subdivision. The Association, subject to the rights and obligations of the Lot Owners set forth in this Declaration, shall be responsible for the management and control of the Common Elements. 5. Common Expenses. The term "Common Expenses" means: (i) all expenses declared to be common expenses under this Declaration, under the Bylaws, or under a rule or regulation duly adopted by the Board; (ii) all expenses of administering, servicing, conserving, managing, improving, maintaining, repairing, or replacing the Common Elements; (iii) all expenses incurred or to be incurred by the Association in fulfilling its obligations or functions under the Governing Documents; (iv) insurance premiums for insurance carried by and for the Association; and (v) all expenses incurred by the Association to promote or protect the health, safety and welfare of the Lot Owners. 6. Declaration. "Declaration" means and refers to this Declaration of Covenants, Conditions, Restrictions and Easements for Native Springs Subdivision, and all amendments and supplements duly adopted from time to time. 7. Governing Documents. The term "Governing Documents" has the meaning set forth in Section 1. 8. Improvements. The term "Improvements" shall mean: all buildings; fences; walls; poles; antennae; driveways; signs; changes in any exterior color or shape ofa structure (including fences); excavation and all other site rvork, including, without limitation, grading, roads, utility improvements (lines, connections. valves, and fixtures), infiltrators, irrigation systems, and removal of trees. The tern "Improvements" includes both original improvements and all later changes and improvements. 9. Lot. Declarant has divided the lands that comprise the Subdivision into a planned community by creating separate lots that are identified on the Plat by numerical designation as Lots 1 through 11. Lots are not Common Elements although one or more Lots may be encumbered by Common Elements (such as easements reserved for the benefit of the Association). The Common Area is not a Lot. The maximum number of Lots to be created in the Subdivision is eleven. Each Lot may be developed for residential purposes in accordance with standards and restrictions applicable to a particular Lot as contained in this Declaration, any supplement or amendment hereto, the Plat, any amendment or supplement thereto, and the Garfield County Zoning Code and Subdivision Regulations. For the purposes of the Act, "Lot °' shall carry the same meaning as "Unit." 10. Owner. The term "Owner" of -"Lot Owner" means the owner(s), whether one or more persons or entities. of fee title to one or more Lot(s) within the Subdivision. "Owner" excludes those having an interest in a Lot merely as security for the performance of an obligation. unless and until such person has acquired fee title to the Lot pursuant to foreclosure or other proceedings. 1 1 . Plat. "Plat" or "Final Plat" means the I' final Plat of Native Springs Subdivision filed of record with the Clerk & Recorder for Garfield County, Colorado, under Reception No. , as Declaration o1C'ovei1annls, Conditions, Restrictions and Easements fin. Native .Springs Subdivision Page 2 • • the same may be duly amended and/or supplemented from time to time. The Plat and all terms, provisions, notes, covenants, conditions, restrictions, and easements noted thereon are incorporated into this Declaration by this reference as if set forth verbatim herein. Any contract of sale, deed, lease, mortgage, deed of trust, will or other instrument affecting a Lot may describe the Lot as follows or substantially similar thereto: Lot Native Springs Subdivision, County of Garfield, State of Colorado, according to the Plat thereof recorded under Reception No. , and the Declaration of Covenants, Conditions, Restrictions and Easements for Native Springs Subdivision recorded , 2003, in Book at Page , as the same may be amended, in the Office of the Clerk and Recorder of Garfield County, Colorado (with the appropriate information inserted in place of the blanks set forth above). 12. Residential Purpose. The term "Residential Purpose"" as used herein shall mean the use of a Lot and improvements thereon as a dwelling place (and accessory dwelling unit) and for purposes incidental to such dwelling places but shall exclude apartment houses, condominiums and other multi -unit dwelling structures. Rental of any dwelling unit on a Lot is permissible but any and all leasehold rights in a Lot or structure thereon granted to any person(s) or entity shall be subject to the Governing Documents of the Association. 13. Subdivision. Whenever the term "Subdivision" is used in this Declaration, it shall mean all the lands included within Native Springs Subdivision as described on the Plat, all of which is located in Garfield County, Colorado. ARTICLE II NATIVE SPRINGS SUBDIVISION PROPERTY OWNERS' ASSOCIATION I . Members; Allocation of Interests. Every person or entity (other than the Association) who is a Lot Owner, by virtue of such ownership interest in one or more Lot(s), shall automatically become a member of the Association upon acceptance of a deed for such Lot(s). The Owner(s) of each Lot shall be entitled to one (1) vote for each Lot owned and shall be liable to pay assessments on the basis of 1 / 1 1 of all annual and special assessments for each Lot owned. Votes ►nay not be cast in fractions. Title to a Lot may be held individually or in any form of concurrent ownership recognized in Colorado. In case of concurrent co -ownership of a Lot, the co-owners of such Lot shall agree amongst themselves how to share the rights and obligations of such ownership but all such persons and/or entities shall be jointly and severally liable for payment of all assessments and performance and observance of all of the duties and obligations of an Owner hereunder with respect to the Lot(s) owned. 2. Authority. The business affairs of the Association shall be managed by the Board in accordance with the provisions of the Governing Documents and the Act, as the same may be duly and properly amended from time to time. 3. Powers. The Association shall have all of the powers, authority and duties permitted pursuant to the Act necessary and proper to manage the business and affairs of the Subdivision, including, without limitation, the authority to retain a managing agent for the Association. Declaration ofCovenants, Conditions. Restrictions and Easements for Native Springs Subdivision Page 3 • 4. Declarant Control. The Declarant shall have all the powers reserved in Section 38-33.3- 303(5) of the Act to appoint and remove directors and officers of the Association during the period of Declarant control. 5. Voting. Voting in the Association shall be based on one vote per Lot. Members shall be of one class. (a) If only one of several co -Owners ofa Lot is present at a meeting of the Association, the Owner present is entitled to cast the vote allocated to the Lot. Co -Owners ofa Lot may not cast fractional votes. If more than one of the co -Owners ofa Lot are present at a meeting of the members of the Association, the vote allocated to the Lot may be cast only in accordance with the agreement of a majority in interest of the co -Owners of such Lot. There is majority agreement if'any one of the co -Owners casts the vote allocated to the Lot without protest being made promptly to the person presiding over the meeting by another co -Owner of the Lot, in which case such Member's vote shall not be counted. (h) The vote allocated to a Lot may be cast under a proxy duly executed by the Owner(s) of the Lot, provided that any proxy shall be filed with the Secretary of the Association at or before the time the meeting at which the proxy is to be used is called to order. Ifa Lot is owned by more than one person or entity, each Owner of the Lot may vote or register protest to the casting of votes by the other Owners of the Lot through a duly executed proxy. A member of the Association may revoke a proxy given under this section only by actual notice of revocation to the person presiding over the meeting of the Association. A proxy is void if it is not dated or purports to be revocable without notice. A proxy terminates one year after its date, unless it specifics a shorter term.. (c) The vote of a corporation, limited liability company, partnership or other entity qualified to own real property may be cast by any person providing satisfactory evidence of such person's authority to act on behalf of such entity in the absence of any contrary notice by such entity. The chairperson of the meeting may require reasonable evidence that a person voting on behalf of such entity is qualified to vote. 6. Quorum. A quorum for the purposes of acting by the members of the Association shall consist of no less than twenty-five percent (25%) of the votes in the Association entitled to be cast as represented by Owners who are then present in person or by proxy at a meeting. 7. Action By Majority Vote of Members. The vote of a majority of the members present in person or by proxy at a meeting at which a quorum is established shall be binding upon all members of the Association for all purposes except in those instances where a vote by a larger percentage of members is required under the Governing Documents or under the Act. 8. Executive Board. The Board of Directors of the Association shall consist of no less than three (3) and no greater than five members of the Association, as determined year to year by the members at their annual meeting. All directors shall be natural persons over the age of eighteen (18) years and Lot Owners. The election of directors, term of office, and provisions governing the meetings and actions of the Board shall be set forth in the Bylaws of the Association, which shall not conflict with the provisions of this Declaration. In the event of a conflict between the terms of this Declaration and the terms of any other Governing Document, the terms of this Declaration shall control. Declaration o/ ("ovenanis, Conditions, Restrictions and Easements Or Native Springs Subdivision Page 4 ARTICLE 1111 ARCHITECTURAL CONTROL 1. Plan Submittals. Before any person or entity shall commence the construction, remodeling, addition to, or alteration of any Improvements whatsoever on any Lot, there shall be submitted to the Board two (2) complete sets of the plans and specifications for said work, and no structure or Improvement of any kind shall be erected, altered, placed or maintained upon any Lot unless and until the final plans, elevations and specifications therefore have received written approval as herein provided. The plans and specifications shall be submitted to the Board and written approval received from the Board prior to application for a building permit from Garfield County (or other public entity having jurisdiction thereof). Such plans and specifications shall meet all "Specific Requirements and Restrictions" set forth in this Article and shall also include plot plans showing the location on the Lot of the improvement(s) proposed to be constructed, placed, altered or maintained, and the elevations of same, together with the proposed materials and color schemes for roofs and exterior surfaces. The Board shall have the right to refuse approval of any plans or specifications that are not compliant with the terms and provisions of this Declaration and with "Residential Architectural Design and Minimum Construction Standards" adopted by the Declarant for the Subdivision, as the same may be amended or supplemented from time to time. Such "Residential Architectural Design and Minimum Construction Standards" may be amended or supplemented after expiration of the period of Declarant control only upon the affirmative vote of no less than seventy-five percent (75%) of the Lot Owners. 2. Specific Requirements and Restrictions. Plans and specifications submitted to the Board for review pursuant to this Article shall include: (a) Site Specific Studies. A site-specific study for development of a Lot shall be completed by a professional engineer registered under the laws of the state of Colorado. Each study shall include a grading and drainage plan, a design for an individual sewage treatment system meeting state guidelines and/or requirements, a foundation design, and an underdrain system design. All costs and expenses of such study shall be the responsibility of the Lot Owner. (h) Grading & Drainage Plan. A grading and drainage plan prepared by a professional engineer registered under the laws of the state of Colorado, as required under the foregoing subparagraph, shall provide for positive drainage away from building improvements and for protection of the established irrigation ditch depicted on the Plat to prevent erosion and sedimentation on Lots 1, 3 and 11. (c) Approval of Individual Fire Sprinkler Systems. All Board approvals granted pursuant to this Article by any means are conditional upon final approval of the Rifle Fire Protection District for individual fire sprinkler systems. (d) Sewage. Conventional individual sewage disposal systems ("ISDS") are prohibited. An individual sewage treatment system ("ISTS") shall be required for sewage disposal in connection with development of each Lot, and the plans and specifications for such 1STS, including proposed location on the Lot, shall be submitted to the Board. Each ISTS must conform with the standards set forth below in this Declaration, with state and county guidelines and requirements in effect at the time of installation, and shall be maintained in accordance with such standards and requirements. The costs and expenses of the ISTS shall be the responsibility of the Lot Owner. Declaration of Covenants, Conditions, Restrictions and Easements far Native Springs Subdivision Page 5 • Materials submitted For review by the Board that fail to comply with the foregoing special requirements and restrictions shall be deemed incomplete per se and automatically disapproved by the Board without the necessity of further action by the Board, notwithstanding any other provision of this Article. 3. Method of Approval. Except as otherwise provided above for automatic disapproval of incomplete submissions, the Board shall approve or disapprove, in writing, plans and specifications within thirty (30) days after the Association's receipt of a complete set of materials, in duplicate, from the Lot Owner seeking approval (or its authorized agent). Plans shall be submitted to the President or the Secretary of the Association. One (1) set of said plans and specifications, together with a copy of the Board's written approval or disapproval, shall be retained by the Association for a period of five (5) years. In the event no action is taken the Board 10 approve or disapprove such plans and specifications within the thirty (30) day period, the requirement of Board approval For said plans and specifications shall be deemed waived, EXCEPT there shall he no waiver with respect to plans and specifications that fail to comply in frill with the specific requirements and restrictions set forth in the foregoing paragraph 2 of this Article III. 4. No Liability. Neither the Declarant nor the Association nor any member, officer, director, employee, manager, representative or agent thereof shall be responsible to any person or entity in any manner whatsoever for any defect or deficiency in any plans or specifications submitted to or approved by the Board, nor for any construction or work done thereafter. ARTICLE IV ASSESSMENTS 1. Creation of Association Lien and Personal Obligation to Pay Assessments. Declarant, for each Lot, hereby covenants, and each Lot Owner, by acceptance of a deed therefore, whether it shall be so expressed in any such deed or not, is deemed to covenant and agree to pay assessments levied by the Association in accordance with this Declaration. For each Lot owned, the Owner(s) of such Lot(s) shall be obligated to pay one -eleventh (1/I 1) of all annual and special assessments duly levied and imposed against all Lots by the Association. Assessments may be levied for Common Expenses, including but not limited to:: maintenance, repair, and improvement of the Common Elements (including the roadway designated on the Plat as "Native Springs Drive"); payment of expenses For maintaining and improving fire protection and/or irrigation water; expenses of maintaining and repairing onsite water detention facilities, if any; maintaining and replacing landscaping and/or revegetation of the Common Elements as may be required by the County and as the Board may otherwise deem necessary; taxes; utility charges for the Common Elements; insurance premiums; management fees; snow removal for Native Springs Drive; and all other costs and expenses incurred in the operation of the Association and the performance of its various functions as set forth herein, in the other Governing Documents, or as required by law. 2. Annual Assessments. Annual assessments shall be based upon an annual budget that includes advance estimates of cash requirements for the Association to provide for the payment of all estimated expenses arising from, or connected with. the functions of the Association as set forth herein and any other expenses and liabilities that may be regularly incurred by the Association for the benefit of the Lot Owners, and reasonable reserves for capital improvements. Annual Assessments shall be payable each year in advance and shall be due in equal installments on the first clay of each month, calendar Declarulion o/Ca1vcIu/nt.s, Conditions, Restrictions and Easements fin - Native Springs Subdivisiion Page 6 • • quarter or year, as determined by the Board in its discretion. The omission or failure of the Association to fix the Annual Assessments for any assessment period shall not be deemed a waiver, modification or release of the Owners from their obligation to pay the same. The Association shall have the right, but not the obligation, to make prorated refunds of any Annual Assessments in excess of the actual expenses incurred in any fiscal year. In the alternative, the Board may elect to allocate any such excess Assessments to an Association working capital fund or to an Association reserve fund. 3. Special Assessments. In addition to the annual assessments authorized by this Article, the Board may levy a special assessment, payable over such a period as the Board may determine, for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction, unexpected repair or replacement, or for any other expense, including a capital expense, incurred or to be incurred as provided in this Declaration or the other Governing Documents. Any such special assessment shall be paid in the same allocation per Lot as annual assessments. 4. Default Assessments. Any expense incurred by the Association pursuant to the Governing Documents as a consequence of an Owner's violation of any of the provisions of the Governing Documents. or failure to comply therewith, or for damage or loss caused to the members through or by the negligent or willful act or omission of an Owner or an Owner's guest, invitee, licensee, lessee, employee or agent. and any monetary fine assessed against an Owner, shall be known as a "default assessment" Default assessments may be assessed against a Lot Owner by the Board and shall become a lien against such Owner's Lot which may be foreclosed or otherwise collected as provided in this Declaration. Notice of the amount and due date of such default assessment shall be sent to the Owner subject to such assessment no less than thirty (30) days prior to the due date. Prior to the assessment of a monetary tine for violation(s) of the Governing Documents, the Board shall provide the Lot Owner with a reasonable opportunity to be heard by the Board. 5. Adoption of Budget. Within ninety (90) days after the adoption of the annual budget, the Board shall mail a summary of the budget to all Lot Owners and shall set a date for a meeting of the Lot Owners as members of the Association to consider ratification of the budget not less than fourteen (14). nor more than sixty (60), days after mailing of the summary. Unless at the meeting seventy-five percent (75%) of all Lot Owners reject the budget, the budget shall be deemed ratified whether a quorum is present or not. In the event the proposed budget is rejected, the budget last ratified by the Lot Owners shall be continued until a subsequent budget is proposed and ratified. 6. Notice of Assessments. The Association shall give written notice to each Lot Owner, mailed to such Owner's nailing address as it appears on the records of the Association, as to the amount of each annual assessment on or before twenty (20) days prior to the date upon which the assessment shall be due and payable. Successive monthly or quarterly notices shall not be required when the Board has determined that annual assessments may be paid in monthly or quarterly installments. Failure of the Association to give timely notice of the annual assessment amount shall not affect the liability of the Lot Owner for such assessment, but the date when payment shall become due and payable in such case shall be deferred to a date twenty (20) days after such notice shall have been given. Except as otherwise determined by the Board, notice of special assessments shall be in accordance with the procedures set forth herein for annual assessments or in accordance with. such other procedures as may be determined by the Board. All assessments shall bear interest at the rate of eighteen percent (18%) per annum from due date until paid, together with such late charges as the Board may adopt. Declaration of Covenants, Conditions, Restrictions and Easements for Native Springs Subdivision Page 7 • • 7. Enforcement of Assessments. Any assessment or assessment installment, whether pertaining to an annual, special or default assessment, that is not paid within ten (10) days after its due date shall be delinquent and the Owner shall be deemed in default or this Declaration, If an assessment installment becomes delinquent, the Board, in its sole discretion, may take any or all of the following actions, or any combination thereof: (a) Assess a late charge for each delinquency in such amount as the Board deems appropriate; (b) Assess an interest charge from the date of delinquency at the rate of eighteen percent (18%) per annum; (c) Suspend the voting rights of the delinquent Lot Owner(s) during any period of delinquency: (d) Accelerate all remaining assessment installments so that unpaid assessments for the remainder of the fiscal year shall be due and payable at once; (e) Bring an action at law against any or all Owner(s) personally obligated to pay the delinquent assessments; and (f) Proceed with lien Foreclosure as set forth below. Assessments chargeable to any Lot shall constitute a lien on such Lot. The Association may institute foreclosure proceedings against the defaulting Owner's Lot in the manner For foreclosing a mortgage on real property under the laws of the State of Colorado. In any proceeding to collect delinquent assessments and/or to foreclose the Association's lien, the Owner(s) shall be liable for: the amount of unpaid assessments; for any penalties, late charges and interest thereon; for the costs and expenses of such proceedings; for the cost and expenses of filing the notice of the claim and lien; and for all reasonable attorneys' fees incurred in connection with the enforcement of the lien. Multiple Owners of a Lot shall be jointly and severally liable, The Lot Owner shall be required to pay the Association any assessments against the Lot which become due during the period of foreclosure and these assessments shall be automatically included in the amount of the lien. The Association shall have the power to bid on the lot at the foreclosure sale and to acquire and hold, convey, lease, encumber, use or otherwise deal with the Lot. The pursuit of any course of action as a means of collecting or enforcing an assessment shall not be deemed to waive the right of the Association to pursue any other method, either at the same time or subsequently. No Owner may exempt himself from liability for his contribution toward any assessment by waiver of the use or enjoyment of any benefit of Lot ownership of Association membership or by abandonment of his Lot. The Board shall be responsible for collecting and enforcing any delinquent assessment(s) and, regardless of the means it employs to do so (whether- directly or by delegation), the Lot Owner(s) or other person(s) responsible for payment of assessments shall pay the attorney's fees and costs incurred by the Association in collecting and enforcing the assessment. 8. Personal Obligation of Lot Owner and Purchaser. Ali sums assessed by the Association against a Lot, together with interest, late charges, attorney's fees and costs, if any, shall be a Declaration of Covenants, Conditions, Restrictions and Easements,jor Native Springs Subdivision Page 8 • • personal obligation of the Owner(s) of the Lot assessed, jointly and severally, and shall also constitute a lien on the Lot assessed, which lien shall be superior and prior to all other liens and encumbrances, excepting only: (a) liens and encumbrances recorded before the recordation of this Declaration; (b) a security interest on the Lot which has priority over all other security interests on the Lot and which was recorded before the date on which the assessment sought to be enforced became delinquent; provided, however, the lien created by this paragraph shall be prior to such security interest to the extent of the assess►vents based on the budget of the Association which would have become due, in the absence of any acceleration, during the six (6) months immediately preceding institution by either the Association or any party holding a lien senior to any part of the Association's lien created under this paragraph of an action or a nonjudicial foreclosure either to enforce or to extinguish the Tien; (c) liens for real estate taxes and other governmental assessments or charges against the Lot. Recording of this Declaration shall constitute record notice and perfection of the lien of the Association. No further recordation of any claim of lien for assessments shall be required. A lien created under this paragraph, however. shall be extinguished runless proceedings to enforce the lien are instituted within six (6) years after the full amount of the assess►vents become due. 9. Statement of Unpaid Assessments. The Association shall furnish to a Lot Owner or such Lot Owner's designee, or to a holder of a security interest or its designee, upon written request delivered personally or by certified mail, first class, postage prepaid, return receipt to the Association's registered agent, a written statement setting forth the amount of unpaid assessments currently levied against such Owner's Lot. The statement shall be furnished within fourteen (14) calendar days after receipt of the request and is binding on the Association, the Board of Directors and every Lot Owner. If no statement is furnished to the Lot Owner or holder of a security interest or their designee, delivered personally or by certified mail, first class, postage prepaid, return receipt requested, to the inquiring party, then the Association shall have no right to assert a lien upon the Lot for unpaid assessments which were due as of the date of the request. 10. Working Capital Fund. The Declarant shall require the first Owner of each Lot, other than Declarant, to snake a nonrefundable payment to the Association in the amount of Two Hundred and no/100 Dollars, U.S. ($200,00). All of' such suns shall be held by the Association and maintained in a segregated account for the use and benefit of the Association including. but not limited to payment of unforeseen expenses of the Association. Such payment shall not be deemed to be prepayment of any assessment but shall be deemed a payment to the working capital fund of the Association and shall not relieve any Owner from making payment of annual, special or default assessments as the same become due. Payment to the working capital fund shall be due on the first conveyance of each Lot to any Owner other than the Declarant. No Owner :raking a payment to the working capital fund under this section shall be entitled to a credit or refund from the Association or the Declarant for the payment to the working capital fund upon subsequent conveyance of said Owner's Lot. Declaration of Covenants, Conditions, Restrictions and Easements for Native Springs Subdivision Page 9 • • ARTICLE V ANIMALS 1. Household Pets. (a) As required by County land use regulations, no more than one (1) dog shall be allowed for each dwelling unit permitted on a Lot within the Subdivision and the dog(s) shall be required to be confined within the Owner's property boundaries with entorcement provisions as set forth below, including but not limited to removal of a dog from the Lot as a Final remedy for violations under this Declaration. (b) All household pets of any type shall be subject to reasonable rules and regulations adopted by the Board. (c) Any dog kept by an Owner shall be confined to an Owner's Lot by an above- ground fence; electronic containment system; kennel; tether attached to a fixed, immovable object (the length of which shall not allow the dog to trespass on another resident's Lot); or a leash. Areas where a Lot Owner keeps pets shall be kept clean and free of refuse and waste. (d) Pets shall be on a leash and under the control of the pet owner when off the Lot and not allowed to run freely outside of the Lot. (e) Subdivision. No commercial breeding activities of any kind shall be permitted within the (l} Pets shall not be allowed to chase or molest wildlife or any domestic animals or persons, destroy or disturb property of another, or threaten public safety. (g) All pets shall be licensed as required by law. (h) Dogs shall not be allowed to bark continuously, which shall be defined as barking for a fifteen (15) minute period or longer. (i) Each Lot Owner and its guests, invitees, licensees, lessees, employees and agents shall be responsible for assuring compliance with the provisions set forth herein, and in rules and regulations adopted by the Board. Lot Owners shall be responsible for any and all costs associated with the enforcement of these provisions and rules and regulations adopted pursuant hereto. 2. Livestock. The only livestock allowed in the Subdivision shall be horses and cattle. Lot Owners are entitled to keep a limit of three (3) head of livestock on each Lot owned. Hay stored on a Lot shall be secured by a tarp, stored in a structure or fenced. 3. Disposal of A.niral Carcasses. Each Lot Owner shall be responsible for the removal and disposal of all animal carcasses on a Lot (e.g.. deer, raccoons). The Association shall be responsible for the removal and disposal of all animal carcasses located in the Common Area or in or along the access road designated as Native Springs Drive. Declamation of Covenants, Conditions, Restrictions and Easements fin. Native Springs Subdivision Page 10 • • 4. Colorado Division of Wildlife. The Association, the Board, and each Lot Owner hereby waives and holds the Colorado Division of Wildlife harmless from any and all claims for damage to landscaping improvements, fencing, ornamental and native plants, and garden plants caused by the activities of wildlife. 5. Enforcement. (a) Any Lot Owner violating any of the covenants, conditions and/or restrictions set forth in this Article, or responsible for a violation hereof, shall be entitled to written notice of such violation from the Board before any fine for violation may be assessed or other remedial action pursued. The Board shall hand deliver such notice to the Lot Owner(s) or mail such notice via certified mail, return receipt requested. (b) If- said violation is not corrected or a second violation of the same type occurs within ten (10) calendar days after the Lot Owner's receipt of the Board's notice of violation (or such reasonable time as necessary for the Owner to correct the violation, in the sole determination of the Board), a fine in such amount as is determined by the Board in its sole discretion may be assessed. "Receipt" of the Board's notice, for the purpose of this subsection, shall mean the date notice is actually received, or the date notice is refused or returned to the Association as unclaimed, if sent via certified mail. (c) Upon the occurrence of a subsequent violation of the same type the Board may take such further action as is reasonably necessary to cause the violation to cease, including entry upon the Owner's Lot. (d) Each violation of this Article (or any reasonable rules or regulations adopted by the Board), even if based on the same situation or animal, shall he considered a separate offense for the purpose of enforcement. (e) Fines assessed pursuant to this Article shall constitute default assessments against the Lot Owner and shall be due and payable no later than thirty (30) days after the date of the notice. ( Fines assessed and collected under this Article may be applied to the costs incurred by the Association to administer and enforce this Declaration or any rules or regulations adopted by the Board. Declaration of Covenants, Conditions, Restrictions and Easements. for Native Springs Subdivision Page 11 • • ARTICLE VI GENERAL RESTRICTIONS ON USE 1. Zoning Regulations. No Lot or lands within the Subdivision shall be occupied or used by or for any structure or purpose or in any manner contrary to the applicable zoning regulations of Garfield County, Colorado. Accessory Dwelling Units ("ADUs") shall be permitted on any Lot at least four (4) acres in size so long as each ADU otherwise complies with the architectural control process and procedures set forth in this Declaration and with the standards applicable to ADU's set forth in the Garfield County Zoning Regulation of 1978, as amended. 2. Resubdivision. No Lot shall he resubdivided into smaller Tots or tracts nor conveyed or encumbered in any less than the full original dimensions as shown on the Plat. 3. Business, Commercial or Trade Uses. No Lot or lands in the Subdivision shall be occupied or used for any commercial, business or trade purpose and nothing shall be done or permitted on any of said Lots or lands which is a nuisance to the members of the Association, with the exception, however, that the use of a portion of the lands for marketing and sale of Lots by the Declarant shall be permitted. Use of a dwelling unit or outbuilding associated with a dwelling unit for a "home-based" business purpose is permitted provided such use is not observable f-om other lots and does not generate vehicular traffic or noise constituting an annoyance, distraction or nuisance to other Lot Owners. 4. Signs. Each Lot Owner shall be responsible for posting the designated street address number for such Lot so as to be clearly visible from the access road designated as Native Springs Drive and for maintaining such posted sign. No advertising or other signs of any character shall be erected, placed, permitted or maintained on any Lot or structure within the Subdivision other than one (1) "For Sale" or "For Rent" sign not to exceed two (2) feet by three (3) feet in size approved by the Board and a name plate and street number of the occupant. The Association shall be responsible for maintaining, repairing and/or replacing signs that mark the access road designated as "Native Springs Drive" at such reasonable locations within the Subdivision as the Board shall determine, and the cost of such signs shall be a Common Expense. 5. Fences. The maximum height of fences shall be forty-two (42) inches. All rail fences and 3 -strand wire fences shall have a twelve (12) inch separation between the top two rails or wires. Catch corral fences enclosing less than five thousand (5,000) square feet of area are exempt from these fencing standards. Chain link fences up to eight (8) feet high are permitted for the purpose of kenneling a dog. An eight (8) foot high privacy fence may be used to enclose a contiguous area of not more than two thousand (2,000) square feet when located immediately adjacent to a dwelling unit. Prior to construction of any fence, plans shall be submitted to the Board for approval pursuant to Article III. 6. Storage and Trash. No above ground oil, gas or water tanks shall be permitted on any Lot. No storage of junk automobiles, machinery, equipment, appliances, -funk piles, scrap piles or other materials shall be permitted on any Lot except in an enclosed structure. Garbage and trash shall be secured in receptacles which shall be kept in a sanitary condition and comply with recommendations as may be made from time to time by the Colorado Division of Wildlife. No grass, shrub or tree clippings, refuse, garbage, trash, plant waste, scrap, rubbish, or debris of any kind shall be kept, stored, maintained or allowed to accumulate or remain on any Lot except temporarily within an enclosed structure within the building envelope. 7. Underground Utility Lines. All utility pipes and lines within the limits of the Subdivision must be buried underground and may not be carried on overhead poles nor above the surface Declaration of (.'ovenonls, Conditions. Restrictions cud Zcr•sc nirr�t.s %nr Native Springs Subdivision Page 12 of the ground. All such services must be buried underground from the point where said utilities take off from transformers and terminal points supplied by the developer. 8. Construction of Dwelling Unit. All construction, whether new or For alteration, renovation or remodeling, shall be prosecuted diligently, and each building, structure, alteration or improvement which is commenced on any Lot shall be completed within nine (9) months from the commencement of construction. "Commencement of construction" shall mean the date a building permit is issued by the Garfield County Building and Planning Department or, if no permit is required under county regulations, such time as the surface of the Lot is disturbed or otherwise prepared for construction. No persons may live in or use as a dwelling place a partially constructed building. In the event of a breach of this covenant, the Declarant and/or the Association shall have the right to complete construction of any uncompleted building, structure or improvement at the cost and expense of the Owner, which cost and expense shall become a lien against the Lot the salve as a Tien for assessments and which may be enforced as a default assessment. 9. Temporary Structures. No tent, garage. outbuilding or residential trailer of a temporary nature shall be placed or erected upon any part of a Lot in the Subdivision; provided, however, that during the actual construction of an approved improvement on a Lot, a temporary building for the storage of construction -related materials may be erected and maintained by the Lot Owner or its agent. IO. Towers and Antennas. Except as otherwise permitted by law, no towers or radio and television antennae shall be erected or permitted to remain on a Lot, except that television antennae and/or satellite dishes attached to a dwelling unit may project to the extent permitted by law. 1 1. Cleanliness and Unsightly Growth. Each Lot shall at all times be kept in a clean, slightly and wholesome condition. No trash, litter, junk, boxes, containers, bottles, cans, implements, machinery, lumber or other materials shall be permitted to remain exposed on any Lot. 12. Motor Homes, Recreational Trailers and Boats. Motor homes, recreational vehicles, camping trailers, fifth wheel trailers, travel trailers, truck campers and boats shall be stored or parked in either an enclosed structure on a Lot or in an area of a Lot screened from view of other Lot Owners. 13. Fireplaces and Stoves. No open hearth, solid fuel devices arc permitted anywhere within the Subdivision. All dwelling units are permitted an unrestricted number of natural gas burning fireplaces or appliances. All dwelling units are permitted one (1) new wood -burning stove as defined by C.R.S. Section 25-7-401, el, sear., and regulations promulgated thereunder. 14. ISTS Operation and Maintenance Standards. (a) Responsibility. An individual sewage treatment system ("ISTS") meeting standards approved by the Colorado Department of Public Health and Environment shall be the only permissible method for sewage disposal on each Lot. Individual sewage disposal systems ("ISDS") are not permitted on any Lot in the Subdivision. Each ISTS shall be served by a subsurface absorption field. Release of treated water from an ISTS directly into surface water drainages is strictly prohibited. All ISTS's are subject to inspection by the State and the County. The Lot Owner shall be responsible for installation of an engineered ISTS and subsurface absorption field on its Lot. The Owner and the person in possession ofa Lot upon which an ISTS and absorption field are located shall be jointly and severally responsible for biannual testing, operation, maintenance and repair of the ISTS. Decka•ation ofC'overnants, Conditions, Restrictions and Easements for Native Springs Subdivision Page 13 • (b) Service Label. For an ISTS under a service policy, a clearly visible, permanently attached label or plate displaying instructions for obtaining service shall be placed at a conspicuous location. (c) Maintenance and Cleaning: Each Lot Owner shall be responsible for assuring that the ISTS serving their Lot is tested hi -annually, with records of test results maintained for inspection upon request of state or county representatives. When directed by the state or county public health authority, for the purpose of assuring compliance N\ ith applicable state and/or county rules and regulations, the Owner of a Lot served by an ISIS shall notify said state or county public health authority upon completion of testing, maintenance or repairs and submit evidence of compliance with any testing, maintenance and cleaning schedule in the form and as the authority requires. The state or county public health authority may adopt rules and regulations for the scheduling of testing, maintenance and cleaning of ISTS's and practices adequate to assure proper functioning of acceptable systems, and niay require proof of proper testing, maintenance and cleaning pursuant to any such schedules and practices, to be submitted periodically to the state or county public health authority by the Lot Owner or occupant. (d) Monitoring and Sampling: (i) Each Owner or occupant ofa Lot shall permit additional periodic testing of the ISTS serving such Lot by the state or local public health authority, in order to assure compliance with applicable rules and regulations. Sucli testing may also be performed as permitted under applicable law by an authorized public health officer in conjunction with investigative or enforcement action. (ii) Any Owner or occupant of a Lot on which an ISTS is located may request the state or local public health authority to test the ISTS at the Owner's expense. The county health department may perform testing services on behalf of the state. (iii) Each Lot Owner shall be responsible for the costs and expenses associated with testing, and any maintenance, repair and/or replacement of the ISTS indicated by such testing. (e) Disposal of Waste Materials. Disposal of waste materials removed from an ISTS in the process of maintenance, repair or cleaning shall be accomplished at a site approved by state and county public health officials in a manner rvhich does not create a hazard to the public health, a nuisance or an undue risk of pollution and which complies with state and local rules and regulations applicable to ISTS's. S's. {f} No Discharge Permitted. No sewage or effluent shall be permitted to be discharged from an ISTS into or upon the surface of the ground or into state waters. (g) Termination of Use of System. The contents of an ISTS, the use of which has been terminated, shall be properly disposed of'whereupon the emptied ISTS facility shall be secured or removed and disposed of as required by state and/or county public health authorities with _jurisdiction over ISTS's. 15. Weed Control l Vegetation Management Plan. The Association and each Lot Owner shall implement, fallow and administer a program of noxious weed control within the Subdivision that shall address the control and elimination of Canadian Thistle and other plant species included on the Declaration caf'Covenants, [.'nFrrlitirrir.t, Restrictions and Easements lbr Native Springs Subdivision Page 14 • • Garfield County Noxious Weed List. In general, the weed management plan shall consist of the following components: (a) Prevention and Control: Prompt revegetation of disturbed areas with weed free grass seed and the maintenance of native or introduced vegetation in a healthy, vigorous condition producing optimum vegetative densities. Only hay certified as weed free shall be used. (b) Inventory: The Association shall inspect each Lot no less than annually to identify any infestations of noxious weeds. An accurate record shall be kept of the application and success of weed infestation eradication efforts. (c) Eradication: Elimination of noxious weeds shall be achieved through: i. Mechanical Controls: physically removing the entire weed plant or eliminating the plant's ability to produce seed. ii. Biological Controls: reliance on organisms (insects or plant pathogens) to interfere with weed growth. iii. Chemical Controls: application of herbicides to eliminate weeds. Special care shall be used with herbicides to avoid damage to desirable plant species and to avoid contamination of ground water. An effective weed management program may Involve all three methods of eradication. Assistance in the development and implementation of a weed management program is available through the Colorado State University Cooperative Extension Service and from the Garfield County Office of Vegetation Management. It shall be the responsibility of each Lot Owner to manage noxious weeds on such Owner's property. In the event an Owner fails to effectively control noxious weeds on their Lot, the Association shall have the right to enter upon any such Lot and conduct a weed control program within the area of such Lot. It shall be the responsibility of the Association to manage noxious weeds on the Common Area and within the area of Native Springs Drive. The Association has obtained a Vegetation Management Plan for Native Springs Subdivision. The Board shall arrange for the Plan to be reviewed from time to time and amended or supplemented as necessary. A copy of such plan, and any amendments or supplements thereto, shall be available for inspection and copying from the Association. The Vegetation Management Plan and all amendments and supplements thereto are incorporated herein by this reference as if set forth verbatim. The Association and all Lot Owners shall implement and follow a program of vegetation management as outlined hereinabove and in said Vegetation Management Plan, as the sante now exists or may be amended or supplemented from time to time. 16. Water Usage. Each water well within the Subdivision is subject to well permit conditions established by the Colorado Department of Natural Resources, Division of Water Resources, and each Lot Owner is responsible For arranging for transfer of the permit for the well serving such Owner's Lot into such Lot Owner's name and complying with the permit conditions applicable to the water well located on such Owner's Lot. All water produced from individual water wells shall be used for domestic purposes only and for irrigation of lawn and garden in an area no greater than 500 square feet. All additional landscape irrigation must be through alternative irrigation water sources obtained by the Association for the benefit of its members or through other lawful sources. In the event of any Declaration of (.ovcncrnts. Conditions. Restrictions and Easements fin NV'ative Springs Subdivision Page 15 • • conflict between the terms of this Declaration and the terms of a well permit fe• any well located on a Lot, the terms of the well permit shall control. 17. Water Quality Monitoring. Each well shall be constructed in accordance with state rules and regulations governing water well construction. Water quality tests shall be performed based upon applicable Colorado Department of Public Health and Environment and the Environmental Protection Agency standards for the service level assigned to each well. At a minimum, the Association will select one well within the Subdivision that will be tested on a semi-annual basis for bacteria, nitrates, pesticides and herbicides. 18. Fire Suppression Sprinklers Required. Each dwelling unit shall be equipped with fire suppression sprinklers in accordance with the standards of ASPA 13-R, and all individual fire sprinkler systems shall be subject to final approval by the Rifle Fire Protection District. 19. Wildfire Prevention. The guidelines of the Colorado State Forester for wildfire prevention as presently specified in the pamphlet titled "Wildfire Prevention in the Wildland Urban Interface" prepared by the Colorado State Forest Service (C.S.F.S. #143-691), or any successor document, shall be followed in the construction of all improvements within the Subdivision. ARTICLE VII EASEMENTS RESERVED I . Platted Easements. Nonexclusive easements and rights of way in perpetuity are hereby reserved by the Declarant for the benefit of the Association and the Lots within the Subdivision across, upon and through all easements shown on the Plat, for the purposes designated on the Plat. With respect to utility easements, such easements are also intended for the benefit of the Association's utility service providers, and the purposes for which utility easements are reserved shall include, without limitation, construction, installation, maintenance, repair, improvement and operation of wires, cables, pipes, irrigation structures, conduits and apparatus for the transmission of electrical current, telephone, telecommunications, television and radio lines, and for the furnishing of fire protection water, natural gas, and for the furnishing of other utility purposes, together with the right of entry for the purpose of installing, maintaining and improving said utilities. 2. Emergency Access & Fire Protection. A perpetual and nonexclusive easement is hereby reserved across and under the Common Area Cul -de -Sac Parcel (as depicted on the Plat) for the common benefit of all Lots, for the Association, and for the Rifle Fire Protection District (and its successors and assigns) for the purposes of construction, installation, maintenance, repair, improvement and use of the fire protection water storage tank, and equipment and apparatus appurtenant thereto, installed underground; and such easement shall include the right of reasonable access to such facility. Additionally, a perpetual and nonexclusive easement is hereby granted to all police, sheriff, fire protection, ambulance and similar authorized emergency service agencies and persons to enter upon all streets, driveways, parking areas, Common Elements, and upon the Lots and lands within the Subdivision for the specific purpose of providing and performing emergency services, including but not limited to accessing and utilizing the fire protection well, whether for emergency or emergency preparedness. 3. Maintenance Easement. A perpetual and nonexclusive easement is hereby reserved by the Declarant for the benefit of the Association and its respective directors, officers, agents, contractors, employees and assigns, upon, across, over, in and under all Lots and lands within the Subdivision and a right to make such use of said real property as may be necessary or appropriate to perform maintenance Declaration (Jrovenants. Conditions, Restrictions and Easements ,fi r Native Springs Subdivision Page 16 • • and/or repairs or to perform the duties and functions that the Association is obligated or permitted to perform pursuant to this Declaration or the Act, including the right to enter upon any Lot for the purpose of performing maintenance or repairs that are within the Scope of the Association's responsibility. ARTICLE VIII COMMON AREA The Common Elements and Common Area shall be owned, operated and controlled by the Association through its Board of Directors for the benefit of all Lot Owners. The Association shall not be divested of such right and authority for any reason. No Lot Owner shall bring any action for partition or division of the Common Elements. By acceptance of a deed or other instrument of conveyance or assignment, each Lot Owner shall be deemed to have specifically waived such Lot Owner's rights to commence or maintain a partition action or any other action designed to cause a division of the Common Elements. This Section may be pleaded as a bar to any such action. Any Lot Owner who commences or maintains any such action shall be liable to the Association and shall reimburse the Association for its costs, expenses and reasonable attorneys' fees in defending any such action. The Board may adopt reasonable rules and regulations governing the use of the Common Elements and the Common Area which rules and regulations may be amended and/or supplemented from time to time to provide for such changes in use and operation as the Board deems necessary and appropriate. ARTICLE IX INSURANCE 1. General Insurance Provisions. The Association shall maintain, to the extent reasonably available: (a) Property insurance on the Common Elements for broad form covered causes of Toss; except that the total amount of insurance must be not less than the full insurable replacement costs of insured improvements less reasonable deductibles at the time the insurance is purchased and at each renewal date, exclusive of land, excavations, foundations, paving areas. landscaping and other items normally excluded from property policies; and (b) General liability insurance, including, without limitation, medical payments insurance, insuring the Association, and its officers, members of the Executive Board, and any managing agent, and the employees and agents of the Association and any managing agent against liability for death, bodily injury, slander, false arrest, invasion of privacy and property damage arising out of or in connection with the ownership, existence, management, maintenance and use of the Common Elements and other areas, if any, under the supervision of the Board. Limits of liability shall be determined by the Board and shall be at least $2,000,000.00 per person for any injuries or death sustained by any person in any single occurrence, and at least $2,000,000.00 for property damage resulting from each occurrence. The Board, and its respective agents, officers and employees shall be named as additional insureds. The Declarant shall also be named as an additional insured as its interests niay appear. The Owners shall also be named as additional insureds but only for claims and liabilities arising in connection with the ownership, existence, use, maintenance or management of the Common Elements. (c) The Association may carry such other and further insurance as the Board considers necessary or appropriate, including insurance covering the acts, errors or omissions of officers, directors, employees or agents of the Association, contractual liability insurance, or other insurance. Declaration o/'Cuvenants, Conditions, Restrictions and Easements fbr Native Springs Subdivision Page 17 • • 2. Policy Provisions. Insurance policies carried pursuant to the foregoing Section 1 must, to the extent available, provide that: (a) Each Owner is an insured person under the policy' ws ith respect to liability arising out of such Owner's membership in the Association; (b) The insurer waives its rights to subrogation under the policy against any Owner or member of his/her household, the Association, or any person claiming by, through, or under any Owner or other director, agent, or employee Utile Association; (c) No act or omission by any Owner, unless acting within the scope of such Owner's authority on behalf of the Association, will void the policy or be a condition to recovery under the policy; and (d) If, at the time of a loss under the policy, there is other insurance in the name of an Owner covering the sane risk covered by the policy, the Association's policy provides primary insurance. 3. Insurance Proceeds. Any loss covered by the property insurance policy described in Section 1 must he adjusted with the Association, but the insurance proceeds for that loss shall be payable to any insurance trustee designated for that purpose, or otherwise to the Association, and not to any holder of a security interest. The insurance trustee or the Association shall hold any insurance proceeds in trust for the Owners as their interests may appear. Subject to the provisions of the Act, the proceeds must be disbursed first for the repair or restoration of the damaged property, and the Association, Owners and lienholders are not entitled to receive payment of any portion of the proceeds unless there is a surplus of proceeds after the damaged property has been completely repaired or restored or the planned community created by this Declaration is terminated. 4. Association Policies. The Association may adopt and establish written nondiscriminatory policies and procedures relating to the submittal of claims, responsibility for deductibles, and any other matters of claims adjustment. To the extent the Association settles claims for damages to real property, it shall have the authority to assess negligent Owners causing such loss or benefiting from such repair or restoration all or any equitable portion of the deductibles paid by the Association. 5. Insurer Obligation. To the extent the following is available, an insurer that has issued an insurance policy for the insurance described in Section l shall issue certificates or memoranda of insurance to the Association and, upon request, to any Owner. To the extent reasonably available, unless otherwise provided by statute, the insurer issuing the policy may not cancel or refuse to renew it until thirty (30) days after notice of the proposed cancellation or non -renewal has been mailed to the Association and to each Owner to whom a certificate or memorandum of insurance has been issued at their respective last -known addresses. 6. Repair and Replacement. (a) Any portion of the Common Elements for which insurance is required under this Article which is damaged or destroyed must be repaired or replaced promptly by the Association unless: (i) The regime created by this Declaration is terminated; Declaration of Covenants, C'onditians, Restrictions and Easenments.for Native Springs Subdivision Page 18 • • (ii) Repair or replacement would be illegal under any state or local statute or ordinance governing health or safety: (iii) Ninety percent of the Owners vote not to rebuild; or (iv) Prior to the conveyance of any Lot to a person other than Declarant, the party holding a deed of trust or mortgage on the damaged portion of the Common Elements rightfully demands all or a substantial part of the insurance proceeds. (b) The cost of repair or replacement in excess of insurance proceeds and reserves is a Common Expense. If all Common Elements are not repaired or replaced, the insurance proceeds attributable to the damaged Common Elements must be used to restore the damaged area to a condition compatible with the remainder of the Property, and except to the extent that other persons will be distributees, the insurance proceeds must be distributed to all the Owners, as their interests may appear in proportion to the Common Expense liabilities of all the Lots. 7. Common Expenses. Premiums for insurance that the Association acquires and other expenses connected ‘vith acquiring such insurance are Common Expenses. 8. Worker's Compensation Insurance. The Board shall obtain worker's compensation or similar insurance with respect to its employees, if any, in the amounts and forms as inay now or hereafter be required by law. 9. Insurance Obligation of Lot Owners. Each Lot Owner must obtain property and casualty insurance coverage for full replacement of all Improvements constructed upon such Owner's Lot(s), as well as insurance coverage on the contents and personal property of the Owner(s), and general liability insurance coverage for such Lot. ARTICLE X ENFORCEMENT Violation Deemed Nuisance. Every violation of this Declaration is declared and deemed to be a nuisance. All public and private remedies allowed at law or equity against anyone in violation of this Declaration, or any provision hereof, shall be available. 2. Compliance. Each Lot Owner, every member of a Lot Owner's family, and every guest, invitee, tenant, employee, contractor, agent and licensee of a Lot Owner shall comply with the provisions of this Declaration and all rules and regulations adopted pursuant hereto, as the sante may be amended or supplemented from time to time. Failure to comply with this Declaration shall be grounds for an action to recover damages or for injunctive relief, or both. Each Lot Owner shall be responsible for the conduct of the Lot Owner's family, guest, invitee, tenant, employee, contractor, agent and licensee, whether the Lot Owner is present or not. Each Lot Owner shall inform all such persons of the provisions of this Declaration. Any violation of this Declaration by any such person shall be deemed a violation by the Lot Owner. 3. Who May Enforce. Any action to enforce these Covenants may be brought by the Declarant or the Association in the name of the Association on behalf of the Lot Owners as members of the Association. If, after a written request from an aggrieved Lot Owner, the Association fails to commence an action to enforce this Declaration, then the aggrieved Lot Owner may bring such an action. Declararirrn q/ Cove rurnts, Conditions. Restrictions and Easements for" Native Springs Subdivision Page 19 • 4. Nonexclusive Remedies. All the remedies set forth herein are cumulative and not exclusive. 5. Nonliability. Neither the Declarant, nor any Lot Owner nor any member, officer or director of the Association shall be liable to any other person or Lot Owner for the failure to enforce any provision of the Governing Documents at any time. 6. Recovery of Costs and Fees. If legal assistance is obtained to enforce any provision of the Governing Documents, or in any legal proceeding (whether suit. is brought or not) for damages or for the enforcement of this Declaration, or for the restraint of violations hereof, the prevailing party shall be entitled to recover all costs incurred, including reasonable attorneys' fees. ARTICLE XI GENERAL PROViSIONS 1. Covenants to Run with Land. All terms, covenants, conditions, restrictions and easements contained herein shall run with the lands within the Subdivision. This Declaration shall continue to be binding upon the Owners of said lands and all persons claiming by, through or under said Owners for a period of twenty-one (21) years from the date this document is filed for record with the Clerk and Recorder of Garfield County, Colorado. Thereafter, this Declaration shall be automatically renewed for five (5) successive terms of ten (10) years each; provided, however, that the owners of seventy -live percent (75%) of the Lots in the Subdivision may release all of the Lots hereby restricted from any one or all of these restrictions by executing and acknowledging an appropriate instrument in writing for said purpose and filing the same for record with the Clerk and Recorder of Garfield County, Colorado, in the manner then required for the recording of such instruments. Benefit of All. The provisions contained herein are for the benefit of and shall be binding upon the Declarant and the purchasers and subsequent owners of each Lot. Each purchaser of a Lot, by acceptance of a deed to sane, shall be subject to each and all of the restrictions, conditions, covenants, easements and agreements contained herein and to the jurisdiction, right and power of the Declarant and the Association. By acceptance hereof by each Owner, such Owner shall, for himself, his heirs, personal representatives, successors and assigns, covenant and agree and consent to and with the grantees and subsequent Owners of each of said Lots, to keep, observe, comply with and perform said restrictions, covenants, conditions, easements and agreements contained herein. 3. Adjacent Commercial Property. Certain real property adjacent to the Subdivision is zoned to permit commercial uses. Information regarding the location of such property and the commercial uses permissible by right and by special review is available as a matter of public record with Garfield County. 4. Notices. All notices given hereunder to Lot Owners for natters affecting the Subdivision shall be given by first class United States Mail, postage prepaid, addressed to each Owner at their mailing address as it appears on the records of the Association. 5. Variances. The Declarant hereby reserves to the Board the right to grant a reasonable variance or adjustment of these conditions and restrictions in order to overcome practical difficulties and prevent unnecessary hardships arising by reason of the application of the restrictions contained herein. Such variances or adjustments shall be granted only in case the granting thereof shall not be materially detrimental or injurious to other property or improvements of the neighborhood and shall not defeat the general intent and purpose of these restrictions. Decka'a//on ofC'ovenanis, Conditions, Resirictians and Easements fi�r Native .Springs Subdivision Page 20 • 6. Amendments. The covenants, conditions and restrictions herein contained may be amended by the affirmative vote of seventy-five percent (75%) of the Lot Owners in the Subdivision entitled to vote thereon and shall be effective upon proper execution thereof and the recordation of such amendment(s) in the office of the Clerk and Recorder of Garfield County, Colorado. 7. Compliance with C.C.I.O.A. These Covenants are intended to comply with the provisions of the Act as applicable to a planned community and shall be interpreted in light of such provisions notvv ithstanding the exception for small planned communities under the Act, unless this Declaration is dui\ amended hereafter by the members to adopt such exception. 8. Development Rights and Special Declarant Rights. Declarant reserves all rights to the maximum extent allowed by the Act. Unless sooner terminated by a recorded instrument signed by Declarant, any development right or special declarant right may be exercised by the Declarant for the maximum period of time specified or permitted in the Act. 9. Limitation of Liability of Association. NOTWITHSTANDING THE DUTY OF THE ASSOCIATION TO MAINTAIN AND REPAIR THE COMMON ELEMENTS, AND EXCEPT TO THE EXTENT COVERED BY INSURANCE CARRIED BY AND FOR THE ASSOCIATION, THE ASSOCIATION SHALL NOT BE LIABLE TO OWNERS OR THEIR FAMILY MEMBERS, GUESTS, TENANTS, LICENSEES, SUCCESSORS OR ASSIGNS FOR INJURY OR DAMAGE, OTHER THAN FOR THE COST OF MAINTENANCE AND REPAIR OF THE COMMON ELEMENTS, CAUSED BY ANY LATENT CONDITION ON THE PROPERTY OR CAUSED BY THE ELEMENTS OR OTHER OWNERS OR PERSONS. 10. Association Standard of Care. The duty of care that the Association owes to the Lot Owners is that of a landowner to a licensee, notwithstanding the beneficial interest that the Lot Owners hold in the Cotnnton Elements through their membership in the Association. 11. Severability. in the event any one or more of the provisions. conditions, restrictions or covenants contained herein shall be held by any court of competent jurisdiction to be null and void, all remaining restrictions and covenants herein set forth shall remain in full force and effect. IN WITNESS WHEREOF, the Declarant has executed this Declaration this day of , 2003. STATE OF COLORADO COUNTY OF GARFIELD ) ss. } DECLARANT: JIM E. LUGINBUHL PAUL B. LUGINBUHL The foregoing instrument was subscribed and sworn to before me this day of , by Jim E. Luginbuhl and Paul B. Luginbuhl. My Commission expires: . Witness my hand and official seal. Declination qf Covenants, Conditions, Restrictions and Easements fin. Votive Springs ,Subdivision Page 21 STORM WATER MANAGEMENT PLAN FOR THE NATIVE SPRINGS SUBDIVISION GARFIELD COUNTY, COLORADO 1517Blake .4venue. Ste. f+11 Glenwood Springs. CO 31601 phone 970 945-8676 •far 970 915.25$5 HCE JOB NUMBER: 2000056.03 April 26, 2002 Prepared for: Jim and Paul Luginbuhl PO Box 950 Basalt, CO 81621 Prepared by: Edward R. White, E.I. Design Engineer Reyiewed by: Rd er D. Neal, P� Principal Engineer 14 Inverness Drive East. Ste. D-136 Engltnlood CO 80112 Orme .03 925-n544 • fax 303 925-0547 Grand luncrion. CO 80501 phone 970 858-0933 • far 970 858-02 -= • • STATE OF COLORADO Bill Owens, Covernor Jane E. Norton, Executive Director Dedicated to protecting and improving the health and environment of the people of Colorado 4300 Cherry Creek Dr. 5. Denver, Colorado 80246-1530 Phone (303) 692-2000 TDD Line (303) 691-7700 Located in Glendale, Colorado hrtp://www.cdphe.stateco.us May 15, 2002 Paul Luginbuhl, Owner Tames Luginbuhl P.O. Box 950 Basalt, CO 81621 970/923-2408 Laboratory and Radiation Services Division 8100 Lowry Blvd. Denver, Colorado 80230-6928 (303) 692-3090 RE: Final Permit, Colorado Discharge Permit System — Stormwater Certification No: COR -034212 Native Springs Subdivision Garfield County Local Contact: Roger Neal, High Country Engineering 970/ 945-8676 Anticipated Activity: 05/01/2002 through 09/30/2002 On 65.94 acres (2.21 acres disturbed) Dear Sir or Madam: Colorado Department of Public Health and Environment Enclosed please find a copy of the permit certification that was issued to you under the Colorado Water Quality Control Act. Your certification under the permit requires that specific actions be performed at designated tinges. You are legally obligated to comply with all terms and conditions of your certification. Please read the permit and certification. If you have any questions, contact Nathan Moore or Kathy Dolan at (303) 692-3500. Sincerely, S-1•44'4"4-' '‘Aft5-41 Susan Nachtrieb, Manager Permits Unit Water Quality Control Division Enclosure xc: Regional Council of Governments Local County Health Depar:.nent District Engineer, Technical Services, WQCD • • Permit No. COR -030000 Facility No. COR -034212 PAGE 1 of 17 CERTIFICATION CDPS GENERAL PERMIT STORMWATER. DISCHARGES ASSOCIATED WITH CONSTRUCTION Construction Activity: Construction activity includes preparation for subdivision, road grading and utility installation. This permit specifically authorizes: James Lugi nbuhl to discharge stormwater from the facility identified as Native Springs Subdivision which is located. at: County Road 221 & County Road 223 Ririe, Co 81650 latitude 39132140, longitude 107143/45 in Garfield County to: Colorado River effective: 05/15/2002 Annual Fee: S185.00 (DO NOT PAY NOW. You will receive a prorated bill.) • HIGHLIGHA CONSTRUCTION ACTIVITY STORMWATER GENERAL PERMIT PERMIT REQUIREMENTS: * Inspections: Inspection of stormwater management system required at least every 14 days and after any precipitation or snowmelt event that causes surface erosion. (See Exceptions, page 9 of the permit, enclosed.) ' Records: Records of inspections must be kept and be available for review by the Division. ' Stormwater Management Plan (SWMP): A copy of the SWMP must be kept on the construction site at all times. PERMIT ¥ EE: * Send payment only when you receive an invoice (this is sent once a year) PERMIT TERMINATION AND TRANSFER: * If the facility is finally stabilized, you may inactivate the permit, using the Division form • "Final stabilization" is reached when all the construction is complete, paving is finished, and the vegetation (grass, etc.) is established, not just reseeded. See permit, page 7 • If the site changes ownership, you should transfer the permit to the new owner • Forms for these actions are enclosed QUESTIONS? * Call (303)692-3500 * Ask for Nathan Moore or Kathy Dolan Colorado Department of Public Health & *torment Water Quality Control Division �" WQCD-P-32 4300 Cherry Creek Drive South Denver, Colorado 80246-1530 FOR AGENCY USE ONLY REC 411 EFF YEAR MONTH DAY NOTICE OF TRANSFER AND ACCEPTANCE OF TERMS OF A STORM-WATERDISCHARGE GENERAL PERMIT CERIlkICATION 1) To be completed by the NEW permittee: I hereby accept transfer of this Colorado Discharge Permit Certification No. CO _., which was issued to . I have reviewed the terms and conditions of this permit and the Stormwater Management Plan and accept full responsibility, coverage and liability. This transfer will be effective on: The facility site is located at: Street Address: City: State: Zip Code: County: Name of facility or development: The NEW permittee is: l . IaiIing Address: City: State: Zip Code: Phone No.: ( ) Fed. Taxpayer (or Employer) ID Local Contact (familiar with facility): Title: Phone No.: ( ) I certify under penalty of law that 1 have personally examined and am familiar with the information submitted herein, and based on niy inquiry of those individuals immediately responsible for obtaining the information, I believe that the information is true, accurate and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment. Signature of Permit Applicant (legally Responsible Party) Date Signed 2) To be completed by the Previous permittee: As previous permittee, I hereby agree to the transfer of the above referenced permit and certification and all responsibilities thereof Company Name: Mailing Address: City: State: Zip Code: Phone No.: ( ) Fed. Taxpayer (or Employer) ID: Signature of Permit Applicant (legally Responsible Party) Date Signed Name (printed) Title 9f97ftrans Colorado Department of Public Health & Environment Water Quality Control Division WQCD-P -B2 4300 Cherry Creek Drive South Denver, Colorado 80246-1530 FOR AGENCY USE QNLY REC EFF YEAR MONTH DAY INACTIVATION NOTICE FOR CONSTRUCTION STORY WATER DISCI ARGE GENERAL PERi'+IJT CERTIFICATION Please print or type. Form must be filled out completely, Certification Number: COR -03 Permittee (Company) Name: - Permittee Address: Site/Facility Name: Taxpayer ID or E uTh Phone No. ( Construction Site Address/Location: County: Contact Person: Summary of work performed and description of final site stabilization: I certify under penalty of law that by the date of my sigtature below, all disturbed soils at the identified construction: have been finally stabilized; all temporary erosion and sediment control measures have been removed; all constiuctic- and equipment maintenance wastes have been disposed of properly; and all elements of the Stormwater Managerrier.- Plan have been completed. I understand that by submitting this notice of inactivation, I am no longer authorized to discharge stormwater assoc ia- with construction activity by the general permit. I understand that discharging pollutants in stotrnwater associated w: construction activities to the waters of the State of Colorado, where such discharges are not authorized by a CDPS permit, is unlawful under the Colorado Water Quality Control Act and the Clean Water Act. I certify under penalty of law that I have personally examined and am familiar with the information submitted herein based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the information is true, accurate and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment. (See 18 U.S.0 1001 and 33 U.S.C. 1319.) Signature of Permit Applicant (Legally Responsible Party) Date Signed Name (printed) 9/97/cutin Title • • Page 2 of 17 Permit No. COR -030000 CDPS GENERAL PERMIT STORMWATER DISCHARGES ASSOCIATED WITH CONSTRUCTION ACTIVITY AUTHORIZATION TO DISCHARGE UNDER THE COLORADO DISCHARGE PERMIT SYSTEM In compliance with the provisions of the Colorado Water Qu lity Control Act, (25-8-101 et seq., CRS, 1973 as amended) and the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 et seq.; the "Act"), this permit authorizes the discharge of stormwater associated with construction activities certified under this permit, from those locations specified throughout the State of Colorado to specified waters of the State. Such discharges shall be in accordance with the conditions of this permit. This permit specifically authorizes the facility listed on page I of this permit to discharge storrnwater associated with construction activity, as of this date, in accordance with permit requirements and conditions set forth in Pars I and II hereof. All discharges authorized herein shall be consistent with the terms and conditions of this permit. This permit and the authorization to discharge shall expire at midnight, June 30, 2002. Issued and Signed this day of JUN 0 2 1997 COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT 3. David Holm, Director Water Quality Control Division • TABLE OF CONTENTS • PART I A. COVERAGE UNDER THIS PERMIT 3 1. Authority to Discharge 3 2. Industries Covered Under this Permit 3 a) Definitions" 3 b) Types of Activities Covered by this Permit: 3 3. Application, Due Dates 3 a) Application Due Dates 3 b) Siimrnary of Application 3 4. Permit Certification Procedures 4 a) Request for Additional Information , , , .. 4 b) Automatic Coverage 4 c) Individual Permit Required 4 d) Temporary Coverage 4 e) General vs. Individual Permit Coverage 4 f) Local Agency Authority .. 4 5. Inactivation Notice 4 6. Transfer of Permit 4 7. Permit Expiration Date 5 8. Individual Permit Criteria 5 B. CONTENTS OF TIE STORM -WATER MANAGEMENT PLAN 5 1. Site Description 6 2. Site Map 6 3. BMPs for Stornswater Pollution Prevention 6 a) Erosion and Sediment Controls 6 b) Materials Handling and Spill Prevention. 7 4. Final Stabilization and Longterm Stormwater Management 7 5. Other Controls 7 6. Inspection and Maintenance 7 C. TERMS AND CONDITIONS 7 1. General Limitations 7 2. Specific limitations 8 3. Prohibition of Non-s*or nwater Discharges 8 4. Releases in Excess of Reportable Quantities 9 5. Stormwater Management Plans 9 a) Signatory Requirements 9 b) SWMP Review/Changes 9 6. Inspections 9 a) Active Sites 9 b) Completed Sites 9 c) Winter Conditions 10 7. Reporting 10 8. SWMP Subusittal Upon Request 10 D. ADDPI'iONAL DEFINITIONS 10 E. GENERAL REQUIREMENTS 11 1. Signatory Requirements 11 2. Retention of Records 12 -2a- • TABLE OF CONTENTS (cont. PART II A. MANAGEMENT REQUIREMENTS 12 1. Change in Discharge . 12 2. Special Notifications - Definitions 12 3. Noncompliance Notification 12 4. Submission of Incorrect or Incomplete Information 13 5. Bypass 13 6. Upsets ...... 13 7. Removed Substances 14 8. Min=rnirlrion of Adverse Impact 14 9. Reduction, Loss, or Failure of Treatment Facility 14 10. Proper Operation and Maintenance 14 B. RESPONSIBILITIES 14 1. Inspections and Right to Entry 14 2. Duty to Provide Information 15 3. Transfer of Ownership or Control 15 4. Modification, Suspension, or Revocation of Permit By Division 15 5. Permit Violations 16 6. Legal Responsibilities 16 7. Severability 16 8. Renewal Application 17 9. Confidentiality 17 10. Fees 17 11. Requiring an Individual CDPS Permit 17 PART 1 A. COVERAGE UNDER TrES PERMIT 1. Authorit-v to Discharze PART 1 Page 3 Permit No. COR -030000 Under this permit, construction activities, including clearing, grading, and excavation, are granted authorization to discharge storniwater associated with construction activities into waters of the state of Colorado. 2. Industries Covered Under this Permit a) Definitions: 1) Storurwater. Stormwater is precipitation -induced surface runoff. 2) Contraction activity: Construction activity includes clearing, grading and excavation activities. Construction does not include routine maintenance performed by public agencies, or their agents to maintain original line and grade, hydraulic capacity, or original purpose of the facility. 3) Other Definitions: Definitions of additional terms can be found in Part I.D. of this permit. b) Types of Activities Covered by this Permit: This permit may authorize all new and existing discharges of stormwater associated with construction activity. This includes stormwat= discharges from areas that are dedicated to producing earthen materials, such as soils, sand and gravel, for use at a single construction site. This permit also includes storeawater discharges from dedicated asphalt batch plants and dedicated concrete batch plants. This permit does not authorize the discharge of mine water or proems water from such areas. 3. Anvls`cntion. Due Dates a) Application Due Dates: At Ieast ten days prior to the anticipated date of discharge, or by October 1, 1992, whichever is later, the operator of the construction activity shall submit an application form as provided by the Division, with a certification that the Stormwater Management Plan (SWMP) is complete. One original completed discharge permit application shall be submitted, by mail or hand delivery, to: Colorado Department of Public Health and Environment WQCD-WQP-132 4300 Cherry Creek Drive South Denver, Colorado 80222-1534 Attention: Permits Unit b) Summary of Application: The application requires, at a minimum the following; I) The operator's name, address, telephone number, tax payer identification number (or employer identification number), and the status as Federal, State, private, public or other entity; 2) Name, county and Iocation of the construction site, including the Township, Range, section and quarter section and the latitude and longitude to the nearest 15 seconds of the approximate center of the construction activity; 3) A brief description of the nature of the construction activity; 4) The anticipated starting date of the project and the anticipated schedule of completion 5) Estimates of the total area of the site, and the area of the site that is expected to be disturbed; 6) The name of the receiving water(s), or the municipal separate storm sewer system and the ultimate receiving water(s); 7) A list of any other environmental permits (including city or county grading permits) currently held for the site; and 8) Certification that the SWMP for the construction site is complete (see Part I.B. below). • PART I Page 4 Permit No. COR -030000 A. COVERAGE UNDER TI -TIS PERMIT (cant.) 9) The signature of the applicant signed in accordance with Part I.E.I of this permit. 4. Permit Certification Procedures If the general permit is applicable to the applicant's operation, thea a certification will be developed and the applicant will be authorized to discharge stormwater under this general permit. a) Request for Additional Information: The Division shall have up to ten days after receipt of the above information to request additional data andlor deny the authorization for any particular discharge. Upon receir. of additional infor'z:7adon, the Division shall have an additional ten daps to issue or deny authorization for the particular discharge. (Notification of denial shall be by Ietter, in cases where coverage under an alternate general permit or an individual permit is required, instead" of coverage under this permit.) b) Automatic Coverage: If the applicant does not receive a request for additional information or a notification of denial from the Division dated within ten days of receipt of the applixion by the Division, authorization tc discharge in a:;rdance with the conditions of this permit shall be deemed granted. c) Individual Pewit Required: If, after evaluation of the application (or additional information, such as the SWMP), it is found that this general permit is not applicable to the operation, then the application will be processed as one for an individual permit. The applicant will be notified of the Division's decision to deny certiriication under this general permit. For an individual permit, additional inforitati.on may be requested, and 180 days will be required to process the application and issue the permit. d) Temporary Coverage: Notwithstanding'Parts I.A.4.a-c, above, the Division reserves the right to temporarily cover stormwater discharge from construction activity under general permits, even though individual pe: -,,.it coverage may be more appropriate. Certification of these activities under a general permit does not in any way infringe on the Division's right to revoke that coverage and issue an individual permit or amend an existing individual permit. General vs. Individual Permit Coverage: Any owner or operator authorized by this permit May request to be excluded from the coverage of this permit by applying for an individual CDPS permit. The owner or operator shall submit an individual application, with reasons supporting the request, to the Division at least 180 days prior to any discharge. f) Local Agency Authority: This permit does not pre-empt or supersede the authority of Local agencies to prohibit, restrict, or control discharges of stormwater to storm drain systems or other water courses within their jurisdiction. 5. Inactivation Notice When a site has been finally stabilized in accordance with the SWMP, the operator of the facility must submit an Inactivation Notice that is signed in accordance with Part I.E.1. of this permit. The Inactivation Notice form is available from, the Division and includes: a) Permit certification number, b) The pernuttee's name, address, telephone number, c) Name, location, and county for the construction site for which the application is being submitted. d) Certification that the site has been finally stabilized. 6. Transfer of Permit When responsibility for stormwater discharges at a construction site changes from one individual to another, the • A. COVERAGE UNDER TES PERMIT (cont.) PART 1 Page 5 Permit No. COR -030000 permittee shall submit a comi:leted Notice. of Transfer and Acceptance of Terms of a Construction General Stormwater Discharge Permit Certification that is signed in accordance with Part I.E.I. of this permit. The Notice of Transfer form is available from the Division and includes: a) Permit certification number. b) Name, location, and county for the construction site for which the appiicatian is being submitted. c) The current permittee's narr'e, address, telephone number and the scans as Federal, State, private, public or other entity. d) The new permittee's name, address and telephone number and the stat±.ts as Federal, State, private, public or other entity. e) Certification that the new perrtnittee has reviewed the permit and SW.N2 and accepts responsibility, coverage and liability far the permit. f) Effective date of transfer. 7. Permit Expiration Date Authorization to discharge under this general permit shall expire on June 30, 2002.. The Division must evaluate and reissue this general permit at least once every five years and must recertify the applicant's authority to discharge under the general pert it at such time. Many permittees will have filed a Notice of Inactivation (see section A.5. above) by that time and will not be affected by permit expiration. Any peruninee desiring continued coverage under the general permit must reapply by March 31, 2002. The Division will determine if the applicant may continue to operate under the terms of the general permit. An individual permit will be required for any facility not reauthorized to discharge under the reissued general permit. 8_ Individual Permit Criteria Aside from the activity type, the Division may use other criteria in evaluating whether an individual permit is required itsru,ci of this general permit. This information may came from the application, SWM.P, or additional information as requ ,ed by the Division, and includes, but is not limited to, the following; a) the quality of the receiving waters (i.e., the presence of downstream drinking water intakes or a high quality fishery, or for preservation of high quality water); b) the size of the construction site; c) evidence of noncompliance under a previous permit for the operation; d) the use of chemicals within the stormwater system. In addition, an individual permit may be required when the Division has shown or has reason to suspect that the stormwater discharge may contribute to a violation of a water quality standard. B. CONTENTS CF THE STORMWATER MANAGEMENT PLAN The SWMP shall be prepared in accordance with good engineering, hydrologic and pollution control practices.. (The SWMP need not be prepared by a registered engineer.) The main objective of the pian hall be to identify Best Management Practices (B: Ws) which when implemented will meet the terms and =editions of this permit (see Part I.C., below). The plan chair identify potential sour= of pollution (including sediment) which may reasonably be expected to affect the quality of stormwater discharges associated with construction activity from the facility. In addition, the plan shall describe and ensure the implementation of BMPs which will be used to reduce the pollutants in stormwater discharges associated with construction activity. Construction operations must implement the provisions of the SWMP required under this part as a condition of this per -mit. • B. CONTENTS OF Ti— STORMW"AYER. MANAGEMENT PLAN (cont.) The SW MP shall include the following items, at a minimum: 1. Site Description PART I Page 6 Permit No. COR -030000 Each plan shall provide a description of the following: a) .A description of the eonstructioa activity. b) The proposed sequence for major activities_ c) Estimates of the total area of the site, and the area of the site that is expected to undergo clearing, excavation or grading. d) An estimate of the runoff coefficient of the site before and after construction activities are completed and any existing data dese- ibing the soil, soil erosion potential or the quality of any discharge from the site. e) A description of the existing vegetation at the site and an estry:.mate of the percent vegetative ground cover. t) The location and description of any other potential pollution sources, such as vehicle fueling, storage of fertilizers or chemicals, etc. g) The Iocation and description of any anticipated non-stormwater components of the discharge, such as springs and Iandsmpe ir. igat on rensm flow. h) The name of the receiving water(s) and the size, type and location of any curt -all or, if the discharge is to a municipal separate storm sewer, the name of that system, the location of the stoma sewer discharge, and the ultimate receiving water(s). 2. Site Map Each plan shill provide a generalized site man or maps which indicate: construction site 'boundaries - all areas of soil disturbance. - areas of cut and fill areas used for storage of building materials, soils or wastes - Iocation of any dedicated asphalt or concrete batch plants location of major erosion control facilities or structures springs, str=s, wetlands and other surface, waters boundaries of 100 -year flood plains, if determined. 3. BMPs for Stormwater Pollution Prevention The plan chill include a narrative description of appropriate controls and measures that will be implemented before and during consucti.on activities at the facility. The pian shill clearly describe the relationship between the phases of construction and the implementation and maintenance of aonrrols and measures. For example, which controls will be implemented during each of the following stages of construction: clearing and grubbing necessary for perimeter controls, initiation of perimeter controls, rernrining clearing and grubbing, road grading, storm drain installation, final grading, stabilization, and removal of control measures. The description of controls shall address the following+r inimum components: a) Erosion and Sediment Controls.. I) Structural Practices. A description of structural site management practices which will rninirni7e erosion and sedinent transport. Such practices may include: straw bales, silt fences, earth dikes, drainage swales, sediment trans, subsurface drains, pipe slope drains, inlet protection, outlet protection, gabions, and temporary, or permanent sediment basins. • B. CONTENTS OF TH STORMWATER MANAGEMENT PLAN (cont.) • PARTI Page 7 Permit No. COR -030000 2) Non -Structural Practices. A description of interim and permanent stabilization practices, including site- specific scheduling of the implementation of the practices. Site plans should ensure that existing vegetation is preserved where passible and that disturbed areas are stabilized. Non-structural practices may include: temporary seeding, permanent seeding, mulching, geotextiles, sod stabilization, vegetative buffer strips, protection of trees, and preservation of mature vegetation. b) Materials HandIine and Soil! Prevention. The SWM? shall identify any procedures or significant materials (see definitions at Part I.D.) handled at the site that could contribute pollutants to runoff. These could include: exposed storage of building materials, fertilizers or chemicals; waste piles; and equipment maintenance or fueling procedures. Areas or procedures where potential spills can occur shall have spill prevention and response procedures identified. Measures to control stormwater pollution from dedicated concrete batch plants or dedicated asphalt batch plants covered by this certification, must be identified in ttie SWMP. 4. Final Stabilization and Loneterm Storrnwater Management A description of the measures used to achieve final stabilization and measures to control pollutants in stormwater discharges that will o.0 after construction operations have been completed. Final stabilieetion is reached when alI soil disturbing activities at the site have been completed, and uniform vegetative cover has been established with a density of at least 70 percent of pre -disturbance levels or equivalent permanent, physical erosion reduction methods has been employed. For purposes of this permit, establishment of a vegetative cover capable of providing erosion control equivalent to pre-existing conditions at the site can be considered final stabilization. The permittee wiJ1 be responsible for providing to the Division the documentation to make this comparison. The Division may, after consultation with the permittee and upon good cause, amend the final stabilization criteria for specific operations. Other Controls A description of other measures to control pollutants in stormwater discharges including plans for waste disposal and Limiting off site soil tracking. 6. Inspection and Maintenance A description of procedures to inspect and maintain in good and effective operating condition the vegetation, erosion and sediment control measures and other protective measures identified in the SWMP. C. TERMS AND CONDrONS 1. General Limitations Stormwater discharges from construction sites shall not cause or threaten to cause pollution, contamination or degradation of State waxers in accordance with the basic (narrative) standards applicable to surface waters of the state (3.1.11.), contained in The Basic Standards and Methodologies for Surface Water, 3.1.9, as follows: • C. TERMS AND CONDITICtiS (cont.) PART I Page 8 Per -it No. COR -030000 'BASIC STANDARDS APPLICABLE TO SURFACE WATERS OF rriE STATE - All surface waters of the State are subject to the following basic standards; however, discharge of substances regulated by permits which are wit; those permit limitations shall not be a basis for enforcement proceedings under these basic standards: (1) Except where authorized by permits, $MP's or plans of operation approved by the Division, state surface waters shall be free from substances attributable to human -caused point source or nonpoint source discharge amounts, concentrations or combinations: (a) which can settle to form bottom deposits detrimental to the beneficial uses. Depositions are stream bottom buildup of materials which include but are not limited to anaerobic sludges, mine slurry or tailings, silt, or mud; or (b) which form floating debris, scum, or other surface materials sufnlcieat to harm existing beneficial uses; or (c) which produce color, odor, or other conditions in such a desk as to create a nuisance or harm existing beneficial uses or impart any undesirable taste to significant edible aquatic species or to the water, or (d) which are harmful to the beneficial uses or toxic to humans, animils, plants, or aquatic life; or (e) which produce a predominance of undesirable aquatic Life; or (f) which cause a film on the surface or produce a deposit on shorelines.' Spedfic Limitations The following limitations shall apply to all discharges covered by this permit: a) Concrete wash water shall not be discharged to state waters or to storm sewer systems. b) Bulk storage structures for petroleum products and other chemicals shad have adequate protection so as to conum all spills and prevent any spilled material from entering State waters. c) No chemicals are to be added to the discharge unless permission for the use of a specific chemical is granted by the Division. In granting the use of such chemicals, special conditions and monitoring may be addressed by separate letter. . d) The Division reserves the right to require sampling and testing, on a case-by-case basis, in the event that there. is reason to suspect that compliance with the SWMP is a problem. or to measure the effectiveness of the BMPs in removing pollutants in the effluent. Such monitoring may include Whole Effluent Toxicity testing. e) All wastes composed of building materials must be removed from the site for disposal in licensed disposal facilities. No building rr•qterial wastes or unused building materials ' U be buried, dumped, or discharged at the site. f) Off-site vehicle tracking of sediments shall be minimized g) All dischargers must comply with the lawful requirements of municipalities, counties, drainage districts and other local agencies regarding any discharges of stormwater to storm drain systems or other water courses under their jurisdiction, including applicable requirements in municipal stormwater management programs developed to comply with CDPS permits. Dischargers must comply with local stormwater managetneat requirements, policies or guidelines including erosion and sediment control. 3. Prohibition of Non-stormwater Discharges a) Except as provided in paragraph b, below. all discharges covered by this permit shall be composed entirely of stormwater. Discharges of material other than stormwater must be addressed in a separate CDPS permit issued for that di rhirge • PART l Page 9 Permit No. COR -030000 C. TERMS AND C©NDIi1ONS (cont.) b) Discharg from the following sources that are combined with stormwater discharges associated with construction activity may be authorized by this permit, provided that the non-stormwater component of the discharge is ideatified in the SWMP (see Part I.B.1.g of this permit): - fire fighting activities - landscape irrigation return flow - springs. 4. Releases in Excess of Reportable Quantities This permit docs not relieve the permittee of the reporting requirements of 40 CF. 110, 40 CFR 117 or 40 CFR 302. Any discharge of hardous material must be handled in accordance with the Division's Notification Requirements (see Part U.A.3 of the permit). 5. Stortnwater Manayernent Pians Prior to commexacement of constriction, the stormwater management plan (SWNO) cha11 be implemented for the construction site covered by this permit. a) Signatory Requirements: The plan shall be signed in accordance with, Part I.E.1., with one retained on site. The plan eh2I1 be mare available to the Division, to local agencies or to EPA upon request. b) SWMJ' Review/C es: The permittee Shall amend the plan whenever there is a signiticant change in design, construction, operation, or maintenance, which has a significant effect on the potential for the discharge of pollutants to the waters of the State or if the SWMP proves to be ineffective in achieving the general objectives of ccntroiling pollutants in stormwater discharges associated with construction activity. 6. Inspections a) Active Sites - For sites where construction has not been completed, tae permittee shall mak: a thorough inspection of their stormwate- management system at least every 14 days and after any precipitation or snowtnelt event that causes surface erosion. The construction site perimeter, disturbed areas and areas used for mat=ial storage that are exposed to precipitation shall be inspected for evidence of, or the potential for, pollutants entering the drainage system. Erosion and sediment control measures identified in the SWMP Stall be observed to ensure that they are operating correctly. 2) Based on the results of the inspection, the description of potential pollutant sources, and the pollution prevention and control measures that are identified in the SWIvE3 &hail be revised and modified as appropriate as soon as practicable after such inspection. Modifications to control measures shall be implemented in a timely manner, but in no case more than, 7 calendar days after the inspection. 3) The operator Shall keep a record of inspections. Uncontrolled releases of mud or muddy water or measurable quantities of sediment found off the site shall be recorded with a brief explanation as to the measures taken to prevent future releases as well as any measure taken to clean up the sediment that has left the site. This record shall be made available to the Division upon request. b) Completed Sites - For sites where all construction activities are completed but final stabilization has not been achieved due to a vegetative cover that has been planted but has not become established, the permittee shall make a thorough inspection of their storrnwater management system at Ieast ons every month. When site conditions make this schedule impractical, permittees may petition the Division to grant an alternate inspection schedule. These inspections frust be conducted in accordance with paragraphs 1), 2), and 3) of Part I.C.6.a. above. • C. TERMS A` "D CONDMONS (cont.) • P?RT I Page I0 Permit No. COR -0330000 c) Winter Conditions - Inspections, as described above in a) and b), will not be required at sites where now cover exists over the entire site for an extended period, and melting conditions do not exist. This exemption is applicable any during the period where melting conditions do not exist. Regular inspections, as described above, are required at all other times. 7. Reporting No regular reporting requirements are included in this permit, however, the Division reserves the right to request that a copy of the inspection reports be submitted. 8. SWMP Submittal f.non Request TJpon request, the pe,-mittee «load submit a copy of the SWMP to the Division, and any local agency in charge of approving sediment and erosion plans, grading plans or stormwater management plans. All SWMPs required under this permit are considered reports that shall be available to the public under Section 308(b) of the CWA_ Toe owner or operator of a facility with stormwater discharges covered by this permit shall make plans available to members of the public upon request, unless the SWMP has been submitted to the Division. However, the permittee may claim any portion of a SWMP as confidential in accordance with 40 CFR part 2. D. ADDITIONAL DEFT NTflONS For the purposes of this per -..,.it: I. BAT and BCT: (Fest Available Technology and Best Conventional Technology) Technology based federal water quality requirements covered under 40 CFR subchapter N. ?. Best management practices (BMPs): schedules of activities, prohibitions of practices, maintenance procedures, and other managenl^tit practices to prevent or reduce the pollution of waters of the State. BMPs also include treatment requirements, operating procedures, and practices to control site runoff, spillage or leaks, waste disposal, or drainage from material storage. 3. Dedicated asphalt plants and concrete plants: portable asphalt plants and concrete plants that are located on or adjacent to a constriction site and that provide materials only to that specific construction site. 4. Final stabilization: when all soil disturbing activities at the site have been completed, and uniform vegetative cover has been established with a density of at least 70 percent of pre -disturbance levels, or equivalent permanent, physical erosion reduction methods have been employed. For purposes of this permit, establisbrn*nt of a vegetative cover capable of providing erosion control equivalent to pre-existing conditions at the site will be considered final stabil i ition 5. Municipal storm sewer syst m: a conveyance or system of conveyances (including: roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man -trade channels, or storm drains), owned or operated by a State, city, town, county, district, or other public body (created by state law), having jurisdiction aver disposal of sewage, industrial waste, stormwater, or other wastes; designed or used for collecting or conveying stormwater. 6, Operator. the individual who bas day to day supervision and control of activities occurring at the construction site. This can be the owner, the developer, the general contractor or the agent of one of these parties, in sorne circumstances. It is anticipated that at different phases of a construction project, different types of parties will satisfy the definition of 'operator' and that the permit will be transferred as the roles change. 7. Outfall: a point sour= at the point where stormwater leaves the construction site and discharges to a receiving water or a stormwater collection system. • D. ADDITIONAL DEPfT1TIONS (coast.) • PART I Page 11 Permit No. CDR -030000 S. Part of a larger common plan of development or sale: Part of a larger common plan of development or sale is a contiguous area where multiple separate and distinct construction activities may be taking place at different times oc. different schedules under one pian. 9. Point source: any discernible, confined and discrete conveyance from which pollutants are or may be discharged. Point source dis-hntges of stormwater result from structiues which increase the imperviousness of the ground which acts to collect runoff, with, runoff being conveyed along the resulting drainage or grading pattern. 10. Prods water any water which during manufacturing or processing, comes into contact with or results from the production of any raw material, intermediate product, finished product, by product or waste product. This definition includes mine drainage. 11. Receiving waters: any waters of the state of Colorado. These include any and all surface waters that are contained in or flow in or through the state of Colorado. This definition includes all water courses, even if they are usually dry. 12. Runoff coefficient: the fraction of total rainfall that will appear as runoff. 13. Significant Materials: includes but is not limited to: raw materials; fuels; materials such as rnetnIlic products; hazardous substances designated under section 101(14) of CERCLA; any chemical the facility is required to report pursuant to section 313 of title DI of SARA; fertilizers; pesticides; and waste producs suc.h as ashes, slag and sludge that have the pottn:tiaf to be released with stormwater discharge. 14. Stormwater: precipitation -induced surface runoff. 15. Waters of the state of Colorado: any and all surface waters that are contained in or flaw in or through, the state of Colorado. This definition includes all water courses, even if they are usually dry. E. GENERAL ItEQULREMEN T S 1. Signatory Requirements a) All reports required for submittal shall be signed and certified for accuracy by the permittee in accordance with the following criteria: 1) In the mise of corporations, by a principal executive officer of at lust the level of vice-president or his or her duly authorized representative, if such representative is responsible for the overall operation of the facility from which the discharge described in the form originates; 2) In the case of a partnership, by a general partner; 3) In the =se of a sole proprietorship, by the proprietor; 4) Li the rase of a municipal, state, or other public facility, by either a principal executive officer, ranking elected official, or other duly authorized employee. b) Changes to authorization. If an authorization under paragraph a) of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of paragraph a) of this section anust be submitted to the Division, prior to or together with any reports, information, or applications to be signed by an authorized representative Certification. Any person signing a document under paragraph a) of this section shall make the following certification: c) "I certify under penalty of law that this document and all attachfnects were prepared under my directions or supervision in accordance with a system designed to assure that qualified personnel properly gather PART T Page 12 Permit No. COR -030000 E. GENERAL REQUIREMENTS (cont.) and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of try knowledge and belief, true, accurate, and complete. I ata aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.' 2. Retention of Records a) The permittee ena1U retain copies of the SWMP and all reports required by this permit and records of all data used to complete the application to be covered by this permit, for a period of at least three years from the dat_ that the site is finally stabilized. b) The permittee shall retain a copy of the SWMP required by this permit at the construction site from the date of project initiation to the date of final stabilization, unless another location, specified by the permittee, is approved by the Division. PART II A. MANAGEMENT REQ;FMNTS I. Chance in Discharze The permittee chaIl inform the Division (Permits and Enforcement Section) in writing of any intent to construct, install, or alter any process, facility, or activity that is likely to result in a new or altered discharge, and shall furnish the Division such plans and specifications which the Division deems reasonably necessary to evaluate the effect on the dis harge and receiving stream. The SWMP shall be updated within 30 days of the changes. The permittee shall submit this notice to the Division within two weeks after making a determination to perform the type of activity referred to in the preceding paragraph. Any discharge to the waters of the State from a point source other than specifically authorized by this permit is prohibited. 2. Special Notifications - Definitions a) Spill: An =intentional release of solid or liquid material which may cause pollution of state waters. b) Upset: An exceptional incident in which there is unintentional and temporary noncompliance with permit effluent limitations because of factors beyond the reasonable control of the perrthttee. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventative unai.ntenance, or careless or improper operation. 3. Noncompliance Notification a) If, for any reason, the permittee does not comply with or will be unable to comply with any permit limitations, standards or permit requirements specified in this permit, the permittee shall, at a minimum, provide the Water Quality Control Division and EPA with the following information: I) A description of the discharge and cause of noncompliance; 2) The period of noncompliance, including exact dates and times and/or the anticipated time when the discharge will return to compliance; and • A. MANAGEMENT REQUIREMENTS (coat.) PART II Page 13 Permit No. COR -030000 3) Steps being taken to reduce, eliminate, and prevent recurrence of the noncomplying discharge. b) The permittee shall report the following instances of noncompliance orally within twenty-four (24) hours from the time the permittee bwomes aware of the noncompliance, and shall mail to the Division a written re.;ort within five (5) days after becoming aware of the noncompliance (unless otherwise specified by the. Division): 1) Any instance of noncompliance which may endanger health or the eaviroament; 2) Any spill or dis barge of oil or other substance which may ri+rsr pollution of the waters of the state. c) The permittee droll report all other instances of non-compliance to the Division within 30 days. The reports shall conr2rri the information listed in sub -paragraph (a) of this section. 4. Submission of Incorrect or 'Incomplete Information Where the permittee failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit appiicaticn or report to the Division, the permittee shall promptly subrnit the relevant application information which was not submitted or any additional information needed to coca : any erroneous information previously submitted. 5. Bypass The bypass of treatment facilities is generally prohibited. 6. Upsets a) Effect of an Upset An upset constirut. an affirmative defense to an action brought for noncompliance with permit Limitations and requirements if the requirements of paragraph b of this section are met. (No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review.) b) Conditions New for a Demonstration of Upset A permittee who wishes to establish the affirmative defense of upset shall demonstrate through properly signed contemporaneous operating logs, or other relevant evidence that: 1) All upset oourred and that the permittee can identify the specific cause(s) of the upset; 2) The permitted facility was at the time being properly operated; 3) The permittee submitted notice of the upset as required in Part II.A.3. of this permit (24-hour notice); and 4) The permittee complied with any remedial measures required under Section 122.7(d) of the federal regulations. c) Burden of Proof In any enforcement proceeding the permittee seeking to establish the occurrence of an upse.t has the burden of proof. • A. MANAGEMENT REQUIREMENTS (cont.) 7. Removed Substances PART II Page 14 Permit No. CDR -030000 Solids, sludges, or other pollutants removed its the course of treatment or control of wastewaters shall be properly disposed of in a rrnnner such as to prevent any pollutant from such materials from entering waters of the State. 8. Minimisation of Adverse Impact The permittee shall take. III reasonable steps to minimize any adverse impact to waters of the State resulting from noncompliance with any effluent limitations specified in this permit, including such accelerated or additional monitoring as necessary to determine the nature and impact of the noncomplying discharge. 9. Reduction, Loss, or Failure of Treatment Facility The peraittee has the duty to bast or reduce any activity if necessary to maintain compliance with the permit requirements. Upon reduction, loss, or failure of the treatment facility, the permittee chall, to the extent ne_ ssary to maintain compliance with its permit, control production, or all discharges, or both until the facility is restored or an alternative method Of treatment is provided. It shall not be a defense for- a permittee in an enforcement action that it would benecessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of this permit. 10. Proper Operation and Maintenance The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and rated appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this penznit. Proper operation and mainrtenance includes effective perforns.aric.:, adequate funding, adequate operator staffing and training, and admit:ate laboratory and process controls, including appropriate quality assurance procedures. Tnis provision requires the operation of back-up or auxiliary facilities or similar systems only when nsary to achieve compIiance with the conditions of the permit. B. RESPONSIB17 JTES 1. Inspections and Right to Entry Tac permittee shall allow the Director of the State Water Quality Control Division, the EPA Regional Administrator, sndlor their authorized repre$entative, upon the presentation of credentials: a) To enter upon the permittev's premises whet a regulated facility or activity is located or in which any records are required to be kept under the terms and conditions of this permit; b) At reasonable times to have access to and copy any records required to be kept under the terms and conditions of this permit and to inspect any monitoring equipment or monitoring method required in the permit; and To enter upon the permiuee's premises to investigate, within reason, any actual, suspected, or potential source of water pollution, er any violation of the Colorado Water Quality Control Act. The investigation may include, but is not limited to, the following: sampling of any discharge and/or process waters, the hieing of photographs, interviewing permittee staff on alleged violations, and access to any and all facilities or areas within the per..ittee's prer•':isrs that may have any effect on the discharge, permit, or alleged violation. • • 3. RESPONSIBILITIES (cont.) Dutv to Provide Information PART II Page 15 Permit No. COR -030000 The permittee shall furnish to the Division, within a reascnable time, any information which the Division may request to determine whether cause exists for modifying, revoking and reissuing, or inactivating coverage under this permit, or to determine compliance with, this permit. The permittee shall also furnish to ±e Division, upon request, copies of records required to be kept by this permit. 3. Transfer of (hvnership or Control Certification under this permit may be transferred to a new permittee if: a) The current peer ittee notifies the Division in writing when the transfer is desired; and b) The notice includes a written agreement between the existing and new permittees containing a specific date for transfer of permit responsibility, coverage and liability between them; and c) The current permittee bas met all fee requirements of the State Dim harge Permit System Regulations, Section 6.16.0. 4. Modif cntion, Suspension, or Revocation of Permit By Division All permit moditiation, inactivation or revocation and reissuance actions shall be subject to the requirements of the Stare Discharge Permit System Regulations, Sections 6.6.2, 6.6.3, 6.8.0 and 6.16.0, 5 C.C.R. 1002-2, except for minor modifications. a) This permit, and certification under this permit, may be modified, suspended, or revoked in whole or in part during its term for reasons determined by the Division including, but not limited to, the following: 1) Violation of any terms or conditions of the permit; 2) Obtai .ing a permit by misrepresentation at failing to disclose any fact Which is material to the granting or denial of a permit or to the establishment of terms or conditions of the permit; 3) Materially false or inaccurate statements or information in the application for the permit; 4) Promulgation of toxic effluent standards or prohibitions (including any schedule of compliance specified in such effluent standard or prohibition) which are established under Section 307 of the Clean Water Act, where such a toxic pollutant is present in the discharge and such standard or prohibition is more stringent than any limitation for such, pollutant in this permit. b) This permit, or certification under this permit, may be modified in whole or in part due to a change in any condition that requires either a temporary or permanent reduction or elimination of the permitted discharge, such as: 1) Promulgation of Water Quality Standards applicable to waters affected by the permitted discbarge; or 2) Effluent limitations or other requirements applicable pursuant to the State Act or federal requirements, or 3) Control regulations promulgated; or 4) Data submitted pursuant to Part 1.3 or Pan I.C.2 indicates a potential for violation of adopted Water Quality Standards or tram classifications. This permit, orcertification under this permit, may be modified in whole or in part to include new effluent limitations and other appropriate conditions where data submitted pursuant to Part I.3.3 indicates that such B. RESPONSIBILITIES (cont.) PART U Page 16 Permit No. COR -030000 effluent limitations and conditions are necessary to ensure compliance with applicable water quality standards and protection of classified uses. d) At the request of the pernuttee, the Division may modify or inactivate certification under this permit if the following conditions are met: 1) In the case of inactivation, the permittee notifies the Division of its intent to inactivate the certification, and certifies that the site has been finally stabilized; 2) In the case of inactivation, the permittee has ceased any and all discharges to state waters and demonszates to the Division there is no probability of further uncontrolled discharge(s) which may affect waters of the State. 3) The Divisicn finds that the permittee has shown reasonable grounds consistent with the Federal and State statutes and regulations for such modification, amendment or inactivation; 4) Fee regquircments of Section 6.16.0 of State Discharge Permit System Regulations have been met; and 5) Requirements of public notice have been met. 5. Permit Violations Failure to comply with any terms andfor conditions of this permit shalt be a violation of this permit. Dischargers of store:water associated with industrial activity, as defined in the EPA Stormwater Regulation (40 CFR 122.26(b)(14), which do not obtain coverage under this or other Colorado general permits, or under an individual CDPS permit regulating industrial stormwater, will be in violation of the federal Clean Water Act and the Colorado Water Quality Control Act. 25-8-101. Failure to comply with CDPS permit requirements will also constitute a violation. Civil penalties for such violations may be up to 510,000 per day, and criminal pollution of state waters is punishable by fines of up to 525,000 per day. 6. Legal Responsibilities The issuance of this pe;,,,it does not convey any property or water rights in either real or personal property, or stream flows, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or Local laws or regulations. Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or tray be subject to under Section 311 (Oil and Hazardous Substance Liability) of the Clean Water Act. Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties established pursuant to any applicable State law or regulation under authority granted by Section 510 of the Clean Water Act, 7. Severability The provisions of this permit arc severable. If any provisions of this permit. or the application of any provision of this permit to any circumstance, is held invalid, the application of such provision to other circumstances and the application of the remainder of this permit shall not be affected. PART II Page 17 Permit No. COR -030000 B. RESPONSIBU—ITIES (.cot.) 8. Renewal ADplkation If the permittee desires to continue to discharge, a permit renewal application shall be submitted at least ninety (90) days before this permit expires. If the permittee anticipates that there will be no discharge after the expiration date of this permit, the Division should be promptly notified so that it can inactivate the certification in accordance with Part II.B.4.d. 9. Confidentiality Except for data determined to be confidential under Section 308 of the Federal Clean Water Act and Regulations fo: the State Discharge Permit System 6.6.4(2), all reports prepared in accordance with the terms of this permit shall be available for public inspection at the offices of the Division. The permit e must state what is confidential at the time of submittal. Any information relating to any secret process, method of manufacture or production, or sale or marketing data which has been declared confidential by the permittee, and which may be acquired, ascertained, or discovered, whether in any sampling investigation, emergency investigation, or otherwise,a1I not be publicly disclosed by any member, officer, or employee of the Commission or the Division, but shall be kept confidential. Any person seeking to invoke the protection of this section shall bear the burden of proving its applicability. This section shall never be interpreted as preventing full disclosure of effluent data. 10. Fees The permittee is required to submit payment of an annual fee as set forth in the Water Quality Control Act. Failure to submit the required fee when due and payable is a violation of the permit and will result in enforcement action pursuant to Section 25-8-601 et. seq., C.R.S. 1973 as amended. 11. Requirirzr an Individual CDPS Permit The Director may require any owner or operator covered under this permit to apply for and obtain an individual CDPS permit if; a) The discharger is not in compliance with the conditions of this general permit; b) Conditions or standards have changed so that the discharge no longer qualifies for a general permit; or e) Data become available which indicate water quality standards may be violated. The owner or operator must be notified in writing that an application for an individual CDPS permit is required. When an individual CDPS permit is issued to an owner or operator otherwise covered under this General Permit, the applicability of the general permit to that owner or operator is automatically inactivated upon the effective date of the individual CDPS permit. COLORADO DEPARTMENT OF 4AIC H ALTH AND ENVIRONMENT Waxier Quality Control Division WQCD-PE-E2 4300 Cherry Creek Drive South Denver, Colorado 80222-1530 RATIONALE ST ORMWA7ER DISCHARGES ASSOCATED WITH CONSTRUCTION ACTIVITY GENERAL PERMIT IN COLORADO COLORADO DISCHARGE PERMIT NUMBER COR -030000 CON7EN7S PAGE 1 Introduction I 11. Background 1 111 Storrnwarer Discharges Associated with Consrrucrion Acriviry 2 IV Coverage Under this Permit 4 V. Application and Certification 4 VI. Tennis and Candirions of Perrnit 4 VII. Changer Made After Public Notice 6 L INTRODUC77ON This permit is for the regulation of stormwarer runatf from construction activities. The tern 'construction activity" includes clearing, grading and excavation operations. `Stormwater" is precipitation -induced surface runoff This Rationale will explain the background of the Srarrnwater program, activities which are covered under this permit, how to apply for coverage under this permit, and the requirements of this permit. A. Changes in this General Permit Several notable changes from the previous General Permit for Consrruaion Acivuies have been incorporared into this permit. These changes are listed below: 1. Only original signatures on completed application farms will be accepted for processing. Faxed applications will not be accepted 2. No annual report is required under this permit. This requirement has been eliminated from the previous permit. 3. The frequenry of required inspections of the stormwater management system will vary under this permit relative w conditions az the site. Alternate frequencies are in place for complexed sires and sues where winter conditions e kiss. Refer to Pan L C. 6 of the pennit for more details. 4. The description of what constitutes final stabilization at a site has been expanded to include a narrative description, in addition to the numeric standard. Refer to Pan LB.4 of the permit for more details. H. BACKGROUND As required under the Clean Water Act amendments of 1987, the Environmental Protection Agency (EPA) has established a framework for regulating municipal and industrial stormwarer discharges. This framework is under the National Pollutant Discharge Elimination System (NPDES) program (Note: The Colorado program is referred to as the Colorado Disd:arge Permit Sysren, or CDPS, instead of NPDES). The Water Quality Conned Division ('the Division') has storrnwauer regulations (SCCR 1002-2, 6.1.0) in place. These regulations require specific types of industrial facilities that discharge storrnwater associated with industrial activity (industrial stormwater), to obtain a COPS permit for such COLORADO DEPARTMENT OF agy.Ic HEALTH AND ENVIRONMENT, Wat liry Control Division Rationale - Page 2. Permit No. aliF030000 II BACKGROUND (cont.) discharge. The regulations specifically include construction activities that disturb five acres of land or more as industrial facilities. Smaller corstru=ion activities which are pan of a larger common plan of development' which disturb five acres or marc over a period of time are also included. (Centicasion carder this permit is not limited to consrrucrinn sites which disturb more than five acres.) A. General Permits The regulations allow stares which have been delegated the NPDES program to issue general permits ar individual permits to regulate industrial stormwaier discharges. The State of Colorado is a delegated state, and has the authority to issue general permits under the Colorado Water Quality Control Ac. The Water Quality Control Division ("the Division') has determined that the use of general permits is the appropriate procedure for handling the thousands of industrial stonnwater applications within the State. B. Permit Requirement's This permit does not require submission of effluent monitoring data in the permit application ar in the permit itself. It is believed that fully implemented Stormwater Management Plans (SWMPs) are sufficient to control water quality imparts. The narrative permit requirements include prohibitions against discharges of non stormwater (e.g. process water). They require dischargers to control and eliminate the sources of pollutcrus in stonnwater through the development and implemer ation of a SWMP. The plan must include Best Management Practicer (BMPs), which will include pollution prevention and source reduction measures. This will constitute BAT and BCT and should achieve compliance with water quality standards. Refer to Part I.D.1 of the permit. In addition, as a condition of this permit, the permirtee is required to pay the annual fee as described in the Water Quality Control Aa. Failure ro submit the required fee when due and payable is a violation of the permit and will result in enforcernenr action as discussed below. Permittees will be billed for the initial permit fee within a few months of permit issuance. Wolations/Penalties Dischargers of stormwater associated with hudustrial athvity, as defined in the Regulations for the State Discharge Permit System (6.1.0), which do not obtain coverage under this or other Colorado general permits, or under an individual CDPS permit regularing stormwarer, will be in violation of the Federal Clean Water Aa and the Colorado Water Quality Control Act, 25-5-101, For facilities covered under a COPS permit, failure ro comply with any CDPS permit requirement constitutes a violation. Civil penalties for violations of the Acs or CDPS permit requirements may be up to $10,000 per day. Criminal pollution of stare waters is punishable by fines of up to S2S,000 per day, 111 STORMWATER DISCHARGES ASSOCLA TFD WITH CONSTRUCTION ACTIVITY IT Y The Stormwater regulations require that stormwarer discharges associated with Tremain industrial activities be covered under the permit program. Carstruurion activity that disturbs five acres or more is spe fically included in the listed industrial activities. A. Construction Ac.'iviry Construction activity includes clearing, grading and excavation activities. Constriction does not include routine maintenance performed by public agencies, ar their agents ro maintain original line and grade, hydraulic capacity, or original purpose of the facility. De7`snitions of additional terms can be found in Part LD of the Permit. COLORADO DEPARTMENT OF AIL HEALTH AM) ENVIRONMENT, Wareetaliry Control Division Rationale - Page 3. Permit No. COR -03000 III. STOP WATER DISCHARGES ASSOCIATED WIT77: CONSTRUC7TQN AC7TYIi'Y (cont.) The Division's regulations specj5' that for the purposes of stormwater discharge permits, construction activity includes clearing, grading and excavation activities except: operations that result in the disturbance of less than fhv acres of total land area which are not part of a larger common plan of develaprreru or sale. A larger common plan of development or sale is a contiguous area where multiple separate and distinct construction activities may be taking place at different times on different schedules under ane plan. The federal exemption for construction activities that disturb less than five acres has been challenged in federal coup, and vacated in a 9th Circuit Court of Appeals decision (1992 WL 117156 (9th Cir. (Cal)). The Division's regulations contain this exemption for sues disturbing less than five acres based on separate justification. However, construction activities which disturb less than five acres but still wishing to obtain coverage under this permit as a precaution may do so. B. Tvaes of Activities Covered This permit is intended to cover most new or existing discharges composed entirely of starmwater from construction activities that are required by State regulation to obtain a permit. This includes stormwater discharges associated areas that are dedicated to producing earthen materials, such as soils, sand and gravel, for use at a single construction site. These areas may be located at the construction site or at some other location,. This permit does not authorize the discharge of mine water or process water from such areas. This perms also includes stormwater discharges associated with dedicated asphalt plans and concrete plants located at the constriction sites. C. Types of Activities NOT Covered This permit does not cover storntwater discharged from construction sites that is mixed with stormwater from other types of industrial activities, or process water of any kind. Other types of industrial activities that require storm -water discharge permits pursuant to dijferens sections of the regulations [5 CCR 102-2 Section 6 4.2(S)(b)(1- ii,iv-xi) J, are not covered by this permit. This permit airo does not cover the discharge of process water. If the construction activity encounters groundwater, a Constr. cion Dewatering Discharge Permit (Permit Number COG -070X) mast also be obtained in order to discharge this groundwater from the excavation site. An application for this permit can be obtai,red from the Division at the address listed in Parr 1, section A.3 of the Permit. D. F_xernotions for Small Municipalities The Intermodal Surface Transportation Efficiency Aa of 1991 (Section 1068(c)) ted an exemption to the stammerer regulations for municipalities with Less than 100,000 population. The term "municipality" includes cities, towns, counties, special du' triers or any entity created by or pursuant to State law. Stormwarer discharges associated with industrial activity (except for airports, steam electric power plants, or uncontrolled sanitary landfills), that are owned or operated by a small municipality are not required to apply for or obtain a storrnwater permit at this time. (Note: This exemption does not apply w other, privately owned construction sires within the same small municipality.) These facilities are not pehrnancntly exempted from the regulation, bur are instead placed in Phase 11 of the srormwater program. Tie Division and EPA are not pursuing permits for Phase II facilities, including small municipalities, until frlrther rtle*naking is completed. It is possible that coverage will be required at some future date. COLORADO DEPARTMENT OF LIC HEALTH AND ENVIRONMENT, W uallty Control Division Rationale - Page 4. Permit No. R-03LYXO TV COVERAGE UNDER THIS GENERAL PERMIT Under this general permit, operators of stormwater discharges associated with carsrricion athvity may be granted authorization to discharge storrnwater into waters of the Stare of Colorado_ This inch/ripr stormwater discharges associated with industrial aciviry from areas that are dedicated to producing earthen marernaLr, such as soils, sand and gravel, for use at a single consrrcion site and dedicated asphalt plants and dedicated concrete plants. This permit does not pre-empt or supersede the authority of local agencies to prohibit, restrict or control discharges of stormwater to storm drain systems or other water courses within their jurisdiction. Authorization to discharge under the permit requires submittal of a completed application form and a certification that rr. SWMP is complete. Upon receipt of all required information, the Division may allow or disallow coverage under the general permit. V. APPLICAT7ON AND CERTTFICATTON As least ten days prior to the anticipated dare of discharge, the operator of the contraction site shall submit an original completed application which incLades the signed certification that the SW F is complete. In order to avoid confusion during processing, original signatures are required for the application to be considered complete. For the purpose of this permit, the 'operator" is the person who has day-to-day control over the project. This can be the owner, the developer, the general contractor or the agent of one of these parries, in some circumstances. At dzerent times of a construction project, different types of parries may satisfy the definition of 'operator' and the certification may be transferred as roles change. (Wore - Under the Federal regulations, this application process is referred to as a Notice of Intent, or NOI. For internal consistency with us =rent program, the Division will continue to use the term 'application.") An outline of the permit application requirements is found in the permit at Parr LA.3.b.. If this general permit is applicable, then a certification will be developed and the applicant will be certified under this general permit. VL TERMS AND CONDITTONS OF PERMIT A. Storrnwater Management Flans (SWMPs) Prior to commencement of cvnsrruction, a stormwater management plan (SWMP) shall be developed and implemented for each facility covered by this permit. A certification that the SWMP is complete mart be submitted with the permit application. The SWMP shall identify potential sources of pollution (including sediment) which may reasonably be expected to afj`ec rhe quality of storm water discharges associated with cvnstruaian activity from the facility. In addition, rhe plan shall describe the best management practice (BMP:) which will be used to reduce the pollutants in stormwater discharges from the construction sue. Facilities spurt implement the provisions of their SWMP as a condition of this permit. The SWMP shall inr1,d the following items: 1. Site Description 2. Site Map 3. BMPs for Srormwater Pollution Prevention 4. Longterm Stammerer Management 5. Other Controls COLORADO DEPARTMENT OF 1 IC HEALTH AND ENVIRONMENT, Wareflauality Control Division Rationale - Page S. Permit No. COR-030WO W TERMS AND COM7i77ONS OF PERMIT (cora.) 6. Inspection and Maintenance 7. Signatory Requirements and Availability 8. SWMP Review/Changes (See Part I.B. of the permit for a more derailed description of SWMP requirements.) B. Monitoring Sampling and resting of srormwater for specific parameters is not required an a routine basis wader this permit. However, the Division reserves the right to require sampling and testing on a case-by-case basis, in the event that there is reason to suspec that compliance with the SWMP is a problem, or to measure the effectiveness of the BMPs in removing pollutants in the e f luent. C. Submitral thou Reouest If requested, the penTninee shall submit the STUMP to the Division, to EPA, or to the local agency approving sediment and erosion control plans, grading plans or stormwater management plans. In the case of a srormwater discharge associated with construction activity which discharges through a municipal separate storm sewer system, the permittee shall submit the STAMP to the municipal operator of the system upon request. The permit includes a paragraph that clarifies that SWMPs are available to the public, and that the permittee must make plans available to members of the public upon request, fa plan had not been previously submitted to the Division. D. Facility Inspections The frequency at which site inspecions must occur now varies according to conditions at the site. Active construction sites must inspec their stormwater management controls at least every 14 days and after any precipitation or snowmelt event that causes surface erosion. Ar sites where construction has been completed but a vegetative cover has not been established, these inspections must occur at least once per month. At sites where winter conditions exist, inspecions are not requi: ed during the period that the winter conditions exist. For all of these inspections, records must be kept =file. Refer to the permit at Part 1. C 6 for detailed requirements of these inspections. This change was made u the inspection frequency to address comments made to the Division at public meetings held to discuss this permit renewal The intent is to provide a more practical inspection schedule for sites where certain atypical card cions exist, and the potential for erosion is minimal, E. Revision of STVMP Based on the results of the inspections (see D. abavej, the description of potential pollutant sources and the pollution prevention and control measures, identified in the SWMP, and the control measures themselves, shall be revised and modified as appropriate as soon as practicable after such inspection. Modification of control measures shall be implemented in a timely manner, but in no case more than 7 calendar days after the inspection_ F. Revortine The inspection record shall be made available to the Division upon request. Regular submittal of an annual report is not required in this permit. The Division discovered through the administration of the original permit, that the benefit derived from submittal of annual reports was nor worth the administrative eorr for both the permittee and the Division. COLORADO DEPARTMENT OF PallNIX HEALTH AND ENVIRONMENT, Wateleality Control division Rationale - Page 6 Fermi: No. C 30C(J0 VI. TERMS AND CONDITIONS OF PERMIT (cont.) G. Inactivation Notice When a site has been finally stabilized in accordance with the SWMP, the operator of the facility shall submit a inactivation Notice that is signed in accordance with Parr LE. I. of the permit. The content of the Inactivation Notice is described in Pan LA.5. of the permit_ A copy of the Inactivation Notice form will be mailed to the permittee along with the permit certification. Additional copies are available from the Division. The description of 'final stabilization" ar Parr 1.3.4 of the permit has been espanded to inriude a narrative description, as well as a numeric criterion. This should provide permittees with more flarilul ty in inactivating their certification. H. Transfer of Permit When responsibility for stormwarer discharges at a construction size changes from one indivrdrtetl w another, the permit shall be transferred in accordance with Pan I.A. 6. of the permit. The content of the Notice of Transfer and Acceptance of Terms of a Construction General Stormwater Discharge Permit is described at Parr I.A. 6. of the permit. The Notice of Transfer form will be mailed to the permittee along with the permit cencation. Additional copies are available from the Division. L Duration of Permit The general permit will expire on Jure 30, 2002. The permittee's authority to discharge under this permit is approved until the expiration date of the general permit. Many permitrees will have filed an Inactivation Notice (see section G above) by that time and will not be affected by permit erpirarion. Any permittee desiring continued coverage under the general permit must apply for recertification under the general permit at least 90 days prior to its expiration date. Daniel Bele" February 19, 1997 VII CHANGES MADE AFTER PUBLIC NOTICE The D: vision -eceived four comment letters during the 30 day public comment period. Tele following changes were made to the permit based on these comments. A. The narrative description offinal stabilization at Parr LB.4 of the permit was changed to clarify that the permiree has a choice in describing how final stabilization is acheived The intent of the permit is to allow the pernunee to use either the numeric standard, or the narrative standard in achieving final stabilization. Both methods are described in this portion of the permit. B. For construction sites where retaining a copy of the SWMP on site is not pracical, language ar Pan I.E2.b was added to the permit to allow a permittee to petition the Division to approve an alternate location to keep a copy of the SWMP. C. For completed sites where conducting monthly inspetzions is not practical, language was added at Parr I. C.6.b to allow the permittee to petition the Division to allow an alternate inspection schedule to be implemented Several other minor changes were suggested in the comment letters that were not incl•,' in the permit. Daniel Beley May 6, 1997 • • SEWAGE REQUIREMENTS FOR THE NATIVE SPRINGS SUBDIVISION Due to recent concerns in Garfield County regarding traditional Individual Sewage Disposal Systems (ISDS) and the potential for these systems to reduce the quality of surface and shallow ground water, the Native Springs Subdivision proposes that all eleven lots be required to provide Secondary Treatment of their wastewater, through an Individual Sewage Treatment System (ISTS). An ISTS treats wastewater aerobically, maximizing the oxygen level in the system to enhance bacterial growth. The abundance of bacteria then digests the wastewater and break down the harmful pollutants. There are many different types of aerobic systems available on the market today and each system employs a unique method of treatment. Aerobic treatment systems use technology such as Sequencing Batch Reactors, Activated Sludge, and Trickling filters or a combination of these processes to achieve the desired quality of discharged water or effluent. Most systems have options for further treatment such as denitrification, disinfection, and even treatment up to drinking water standards in the extreme case. Since aerobic systems require oxygen as an essential part of treatment, they use mechanical pumps, compressors, motors and electronics to maintain ideal conditions for bacterial growth. Because of the mechanical components, these systems are more expensive to purchase. install and maintain. Therefore, all of the systems installed on the Native Springs Subdivision will be required to have bi-annual tests and routine maintenance to insure that each system functions property. These systems can even be designed with a remote warning system so that if there is a problem, a technician will be notified and the problem can be fixed immediately. The Colorado Department of Health (CDOH) has approved various systems that meet the NSF International Standard 40` (ANSI/NSF 40 -1999) for Residential Wastewater Treatment Systems. Although some of these systems treat water to a quality that could be released safely into surface water drainages, the CDOH does not allow this type of discharge. CDOH requires that these systems discharge into an absorption field similar to a traditional ISDS. This type of release will further treat the effluent before being returned to the environment. In summary. the Native Springs Subdivision will require as a minimum: • An engineered ISTS and subsurface drain field for each residence • All ISTS systems shall meet the minimum requirements of ANSIINSF 40 • System sized by the engineer or manufacture adequate to treat the wastewater produced by the lot Please see the attached for an example of Protective Covenants for an ISTS system. NSF (National Sanitation Foundation) International Standard 40 is available at: http://www.nsf.orgipublications/ Form OFFICE OF TH STATE ENGINEER GWS -25 COLORADO SION OF WATER RESOURS 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 866-3581 APPLICANT PAUL B & JIM E LUGINBUHL PO BOX 950 BASALT, CO 81621- (970) 927-4585 PERMIT TO CONSTRUCT A WELL WELL PERMIT NUMBER 057484 - DIV. 5 WD 39 DES. BASIN MD 5��.; �;-:: .-,.:�'wEER wO2 Lot: 1 Block: Filing: Subdiv: NATIVE SPRINGS APPROVED WELL LOCATION GARFIELD COUNTY NW 114 NE 114 Section 11 Township 6 S Range 93 W Sixth P.M. DISTANCES FROM SECTION LINES 1050 Ft. from North Section Line 2050 Ft. from East Section Line UTM COORDINATES Northing: Easting: ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2} The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37-90-137(2) for the construction of a well, appropriating ground water tributary to the Colorado River, as an alternate point of diversion to the Avalanche Canal and Siphon, on the condition that the well shall be operated only when the West Divide Water Conservancy Districts substitute water supply plan, approved by the State Engineer, is in effect, and when a water allotment contract between the well owner and the West Divide Water Conservancy District for the release of replacement water from Rued' Reservoir is in effect, or under an approved plan for augmentation. WDWCD contract #000906PJL(a). The use of ground water from this well is limited to ordinary household purposes inside two single family dwellings, the irrigation of not more than 500 square feet of home gardens and lawns, and the watering of domestic animals. All use of this well will be curtailed unless the water allotment contract or a plan for augmentation is in effect_ This well is known as WELL #1. The maximum pumping rate of this well shall not exceed 15 GPM. The average annual amount of ground water to be appropriated shall not exceed 0.85 acre-foot (277,000 gallons). The owner shall mark the well in a conspicuous place with well permit numbers), name of the aquifer, and court case number(s) as appropriate. The owner shall take necessary means and precautions to preserve these markings. This well shall be constructed not more than 200 feet from the location specified on this permit A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records of all diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request. NOTE: Expired permit no. 54918-F, was previously issued for this lot. r 57A4.76 5) 6) 7) 8) 9) ReceioWo 9501076 SnroEngmeer DATE ISSUED 2 3 Lu�� BIXPI(iP,TION DATE 23 Z0� APPROVED ,�y JSG State Engineer � ��� � SCP TION DATE MAY Receipt No. 9501076 DATE ISSUE. MAY 0®3 FROM`: rr'nM Na C;iNy-}p V 'Y 1 2 FAX ND. : WELL CONSTRUC AND TEST REPORT STATE OF COLORADO, FICE OF THE STATE ENGINEER 131 Sherman St . rim 818. Denver, CO 80203 WELL PERMIT NUMBER OWNER NAME (5) Mailing Address Cdy. St Zip Phare 057484-F Pau 8. & ,ha) Lugenbuhl P C Box 950 Basalt, C0 81621 970.927-4585 Mar. 12 2003 04:26PM P1 For erre. %AA Cert' 3 WELL LOCATION A5 DRILLED: NW 1/4 NE 1/4 Sec- 11 DISTANCE FROM SEC. LINES: 1050 ft from North Sec_ Line. and 2050 ft from East Sec. Line. OR SUBDIVISION: Native Spnn9s LOT 1 BLOCK STREET ADDRESS AT WELL LOCATION: Twp- 6 5 Range 93 W Sixth P 4 GROUND SURFACE ELEVATION DATE COMPLETED 5 GEOLOGIC LOG. Depth 0-35 35-70 x+02 FILING(UNIT) ft DRILLING METHOD Air Rotary TOTAL DEPTH Dear 04on of Matereel (Type, S n. CNor, Water L tin) Wet Clay Sand & Gravel 70-80 Shale _ 80 tt DEPTH COMPLETEL 6 HOLE DAM. (in.) 8 3/4 From (ft) 0 5 70 ft. To (ft) TO 80 7 PLAIN CASING OO (in) Kind 65/8 Steel Wall Size 0.250 4" PVC Std. 40 PERF. CASING: Screen Siot Size: 6 5/8 Steel 0.250 4' PVC Sat. 40 0 From(ft) To (ft) 66 2n 80 40 es 40 av 8 FILTER PACK Material N/A Size Interval 9. PACKER PLACEMENT Type Rubber Depth REMARKS Onve hoe & Well Cao 10 GROUTING RECORD Material Amount Density Cement 3 Bags 15 I1ICE$INFECTIQN: Typo Chlorine 12 WELL TEST DATA' TESTING METHOD Static Level Pumping lever Remarks 35. Interval Replacement 22-35' Poured & Vibrated nt. Used 10% DCheck box if Test Data is submitted on Form No_ GWS 39 Supplemental Well Test Au Lift 25 ft_ Oate.T,me measured 6/26/02 - 4:00 p.m. , Production Rate 70 ft Date/Time measured 6/28/02 - 4:15 p.m. , Test length (hrs.) 13 I have red the aiatennents =do herein end know the contents thereof, and that they are true to my knowledge (Pur7,yan C. R $ , the making of false Statements harem constitudes perjury in the second degree and ii punishable as a caviar CONTRACTOR 5 recuse DnfGng & Pump Cc.. Inc. Mailin• Address P O. Box 631. Rifle, CO 81650 NamerTitle (Please type or print) Jay J. DeLlne- Director Signet 10 gpm 1.5 to Section 24-4-104 (13)te) Llc. No. 1382 F- Z o - o -zr • Form No. OFFICE OFT STATE ENGINEER GWS -25 COLORADOSI+ON OF WATER RESOUR.S 818 Centennial Bldg., 1313 erman St., Denver, Colorado 80203 (303) 866x3581 APPLICANT PAUL & JIM E LUGINBLJHL PO BOX 950 BASALT, CO 81621- (970) 927-4585 PERMIT TO CONSTRUCT A WELL • LIC WELL PERMIT NUMBER 057485 DIV. 5 WD 39 DES. BASIN MD , 2 Block: Filing: Subdiv: NATIVE SPRINGS 71 *. ar aC J. Lot:tillEhAVOLA APPROVED WELL LOCATION GARFIELD COUNTY NW 114 NE 1/4 Section 11 Township 6 S Range 93 W Sixth P.M. DISTANCES FROM SECTION LINES 800 Ft. from North 1790 Ft. from East UTM COORDINATES Northing: Section Line Section Line Easting: ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37-90-137(2) for the construction of a well, appropriating ground water tributary to the Colorado River, as an alternate point of diversion to the Avalanche Canal and Siphon, on the condition that the well shall be operated only when the West Divide Water Conservancy District's substitute water supply plan, approved by the State Engineer, is in effect, and when a water allotment contract between the well owner and the West Divide Water Conservancy District for the release of replacement water from Ruedi Reservoir is in effect, or under an approved plan for augrnentadon. WDWCD contract #000906PJL(a). 4) The use of ground water from this well is limited to ordinary household purposes inside two single family dwellings, the irrigation of not more than 500 square feet of home gardens and lawns, and the watering of domestic animals. Ail use of this well will be curtailed unless the water allotment contract or a plan for augmentation is in effect This well is known as WELL#2. 5) The maximum pumping rate of this well shall not exceed 15 GPM. 6) The average annual amount of ground water to be appropriated shall not exceed 0.85 acre-foot (277,000 gallons). 7) The owner shall mark the well in a conspicuous place with well permit number(s), name of the aquifer, and court case number(s) as appropriate. The owner shall take necessary means and precautions to preserve these markings. 8) This well shall be constructed not more than 200 feet from the location specified on this permit. 9) A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records of all diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request. NOTE: Expired permit no. 54919-F, was previously issued for this APPROVED JSG „Receiot No. 9501075 State Engineer •DATE ISSUED MAY 2 3 2002 eEXPIRATION DATE MAY 23 200. WELL CONSTRUCION AND TEST REPORT STATE OF COLORADO, CirFICE OF THE STATE ENGINEER WELL PERMIT NUMBER 208670 Owner Narne(s) : Name Springs Suez. Mailing Address : % Zancansila & Assoc. PCB 1908 -City, St. Zip : Glenwood Spnngs, Cc. 81602 (970) 945-5700 ,'!/'YELL LOCATION AS DRILLED: NW 1/4 NE 1/4 Sec. 11 Twp. 065 Range 93W DISTANCES FROM SEC. ONES: 800 it from North Sec. line. and 1600 ft. from East Sec line. OR SUBDIVISION . LOT BLOCK FILING(UNIT) STREET ADDRESS AT %NELL LOCATION GROUND SURFACE ELEVATION it DRILLING METHOD Air Rctary DATE COMPLETED 11101/00 TOTAL DEPTH 73 ft. DEP-TI-1 COMPLETED 73 fl - r 'GEOLOGIC LOG : Depth j Type of Meters (Size. Crrar, and Type) 9.0 1 0 000;0 48 ! Cays, Sands 1770 Gravers, Sanas 73 Wasatch Formation 7. PLAIN CASING c f c (int 1 sand I s 1 From fm 1 ; o (le 7.3 i Stasi a 0.240 j -1 i 50 1 1 1 f r 6.1-tOL.E i]IAM. tlnl FROM i} TO irt) 73 PERF CASING : Screen Slat Size : WATER LOCATED 46 - 70 REMARKS—: — . 70 Steel I -240 d 60 70 8. Fitter Paces - 9. Pecker Placement Material : Type Size : Depth : Interval: 0. GROUTING- RECOR£7 Matenoil CorwrorlLgitoriori cement f 3 slcs I 16 gal 0-24 pouted t1, DISINFECTION : Type - •12;1 WELL TEST DATA : (1 Check Boit If Test Data is Submitted On Supplemental Form. -TESTING ME T HOO : Air Compressor P Rate : , K 3i Static Level : 24 ft. 0aterlme Measured : 1 tjc72C[}0 -Pumpingm. Levet Total ft Date me Measured : 11/012000 Test Length : 2 hrs. IiTH Amt Users f e arks .,,s Mel May um u,,. m *iv crnn.uor. "rums w s.A.e 3�+,0�:� TOW c C . a.. moonoR +.+.n a..wiu..s oer+t+ le 14110, Mei Ira MONFOrell troc• Mier soog moo Ole cowls oworoe. Phone : {9701 927-4182 NTRACTOR ; SShertan Drill" Corp_ - - lie 1 Title (Reese Type or Prir rt) ,. St,ettrrn f President Date 12/05/00 Form No. GWS -25 APPLICANT OFFICE OF T STATE ENGINEER COLORADO SION OF WATER RESOURIkS 818 Centennial Bldg., 1313 Sherman SL, Denver, Colorado 80203 (303) 866-3581 PAUL B & JIM E LUG1NBUHL PO BOX 950 BASALT, CO 81621- (970) 927-4585 PERMIT TO CONSTRUCT A WELL LIC r�— WELL PERMIT NUMBER DIV. 5 WD 39 057486 - F - DES. BASIN MD Lot: 3 Block: Filing: Subdiv: NATIVE SPRINGS pp APPROVED WELL LOCATION GARFIELD COUNTY g c NW 1/4 NE 114 Section i i t tEsenc ls Township 6 S Range 93 W Sixth P.M. DISTANCES FROM SECTION LINES 500 Ft. from North 2050 Ft. from East UTM COORDINATES Northing: Section Line Section Lime Easting: ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit does not 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. The construction of this well shall be in compliance with the Water Weil 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 37-90-137(2) for the construction of a well, appropriating ground water tributary to the Colorado River, as an alternate point of diversion to the Avalanche Canal and Siphon, on the condition that the well shall be operated only when the West Divide Water Conservancy District's substitute water supply plan, approved by the State Engineer, is in effect, and when a water allotment contract between the well owner and the West Divide Water Conservancy District for the release of replacement water from Ruedi Reservoir is in effect, or under an approved plan for augmentation. WDWCD contract #000906PJL(a). 4) The use of ground water from this well is limited to ordinary household purposes inside two single family dwellings, the irrigation of not more than 500 square feet of home gardens and lawns, and the watering of domestic animals. All use of this well will be curtailed unless the water allotment contract or a plan for augmentation is in effect. This weii is known as WELL #3. 5) The maximum pumping rate of this well shall not exceed 15 GPM. 6) The average annual amount of ground water to be appropriated shall not exceed 0,85 acre-foot (277,000 gallons). 7) The owner shall mark the well in a conspicuous place with well permit number(s), name of the aquifer, and court case number(s) as appropriate. The owner shall take necessary means and precautions to preserve these markings. 8) This well shall be constructed not more than 200 feet from the location specified on This permit. 9) A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records of all diversions. must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request. NOTE: Expired permit no. 54920-F, was previously issued for this lot. 51,2? -/a r APPROVED JSG A4-% `Receipt No. 9501074 State EngineerDATE ISSUED M AY -2 3 2002 ByEXP RATION DATE MAY 23 n Mar -13-O3 09:14A SYRACUSE DRILLING & PUMP 970-625-1530 P_01 FORM W CW 5.3 WELL CONSTRUC AND TEST REPORT STATE OF COLORADO, FICE OF THE STATE ENGINEER 131 Sherman St. Rns 818, Denver, CO 60203 WELL PERMIT NUMBER 057486-F 2 OWNER NAME (5) Paul B. & Jim Lugenbuht Mailing Address P.O. Box 950 City, '51 Zip Basalt, CO 81621 Phone 970-977-4585 3 14 t'/,...L tQCAT101 , $ ORILLE9: NE 1/4 NE 114 Sec. 11 FaCan las of* Twp. 6 5 lenge 93 W Sixth P.M. DISTANCE FROM SEG LINES. 500 ft from North Sec. Line. and 2050 ft. from East Sec- Line- QR SUBDIVISION: Native Springs STREET ADDRESS AT WELL LOCATION: GROUND SURFACE ELEVATION DATE COMPLETED 8/15/02 LOT 3 BLOCK FILING(UNIT) tt. DRILLING METHOO Jr Rotary TOTAL DEPTH 80 ft. DEPTH COMPLETEI 80 rt 5 GEOLOG[C LOG' fleptn Oewlveon d Malerier (Type. Sin. Calor. Wares Locative') 0-40 Surface Dirt. Sand. Pea Gravel 41- 5 River bed gravel, lame chunks 8 MOLE DIAM. (in.) 83/4 From (ft) To (it) 0 55 6 50 80 75.80 Red Sandstone with clay seam 7 PLAIN CASING OD (in) land t15/8 steel Water between 60 & 70' Wall Size 0.260 PERF. CASING: Semen Slot Slza: 4 i12 PVC Srh. 40 REMARKS Drive .)hoe & Weil Cap Frorn(ft) TO (ft) .2 58 8 FILTER PACK Material N/A Size Interval 10 GROUTING RECORD: Mita Kai Amount Density Cement 12 Begs 15 9. PACKER PLACEMENT Type Rubber ❑earth 55 intaewat RuAlaosmcnl 9-55 Poured & Vibrated 11 DISINFECT1ON. Type 12 WELL TE$l DATA' TESTING METHOD Static Level Pumping level Remarks Clilonne AmL Used 10 oz. 1-7Che0t box if Test Data Is submitted on Form No. CW$ 39 Supplemental Wen Test. Air Lift 50 rt. DatefJ me measured 8/15/02.6:00 p.m. , ProCuttian Rate 70 It Dat&Tin", measured 8/15102.6:00 p.m. , Test length (hrs.) 15 gpm. 1.5 13 have retie the statement* made mow and know the conte is Wired( rear, and that they va due to my knowledge [Pursuant to Sectsdn 2+-+-104 (13t Cs1 G. R.5.. ne mewl ur rase ste+emente heron eonatitutss perjury e1 the second degree end tf purashebte as a close 1 moidemeanar 1 CONTRACTOR S recuse D • Co., Inc. PHON 1170 -..'��''# Aer !!7Fr Mailing Address P.O. Box631. Rale, CO 81650 Name/Title (Please type or print) Sign + ..ra ✓ Jay 3 DeLine. Director � rill & Pu Uc. No 1 382 1 Date 8/20102 Form No. GWS -25 APPLICANT OFFICE OF T STATE ENGINEER COLORADO ISION OF WATER RESOUlkS 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 866-3581 PAUL B & JIM E LUGINBUHL PO BOX 950 BASALT, CO 81621 - WELL PERMIT NUMBER 05748? DIV. 5 WD39 DES. BASIN MD :.,• �rrrl Lot: 4 Block: r=iling: Subdiv: NATIVE~ SPRINGS TT" APPROVED WELL LOCATION GARFIELD COUNTY e,yi ATE ;,;;tc�" NW 114 NE 114 Section 11 Township 6 S Range 93 W Sixth P.M. DISTANCES FROM SECTION LINES 250 Ft. from North Section Line 2050 Ft. from East Section Line (970) 927-4585 UTM COORDINATES PERMIT TO CONSTRUCT A WELL Northing: Easting: r ISSUANCE OF THS 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 riot assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37-90-137(2) for the construction of a well. appropriating ground water tributary to the Colorado River, as an alternate point of diversion to the Avalanche Canal and Siphon, on the condition that the well shall be operated only when the West Divide Water Conservancy District's substitute water supply plan, approved by the State Engineer, is in effect, and when a water allotment contract between the well owner and the West Divide Water Conservancy District for the release of replacement water from Ruedi Reservoir is in effect, or under an approved plan for augmentation. WDWCD contract #000906PJL(a). 4) The use of ground water from this well is limited to ordinary, household purposes inside two single family dwellings, the irrigation of not more than 500 square feet of home gardens and lawns, and the watering of domestic animals. Ali use of this veli will be curtailed unless the water allotment contract or a plan for augmentation is in effect This well is known as WELL #4. 5) The maximum pumping rate of this well shall not exceed 15 GPM. 6) The average annual amount of ground water to be appropriated shall not exceed 0.85 acre-foot (277,000 gallons). 7) The owner shall mark the well in a conspicuous place with well permit number(s), name of the aquifer, and court case number(s) as appropriate. The owner shall take necessary means and precautions to preserve these markings. 8) This well shall be constructed not more than 200 feet from the location specified on this permit. 9) A totalizing flow meter must be installed an this well and maintained in good working order. Permanent records of all diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request. NOTE: Expired permit no. 54921-F, was previously issued for this lot. S/�rf 3 } APPROVED JSG 41 .Receipt No. 9501073 State Engineer DATE ISSUED MAY. 2 3 2002 B EXPIRATION DATE MAY 23 2 03 Mar -13-03 09:14A SYRACUSE DRILLING & PUMP 970-625-1530 P.02 epn,rscy WELL CONSTRUCSND TEST REPORT cns.y, STATE OF COLORADO. Co. .E OF THE STATE ENGINEER 14111A 131 Sherman S. Rm 518, Denver, CO 80203 1 2 WELL PERMIT NUMBER 057487 - OWNER NAME (S) Paul B. & Jim L:rgenbuht Mailing Address P O Box 950 C,ly, St Zip Basalt, CO 81621 Prone 970-927585 io Wl cniv CCP 3 L LOCATlOti AS DRILLED, NW 114 NE1/4 $9C. 11 Twp. 6 S Rings 93 W Snarl P M DISTANCE FROM SEC. LINES 250 8. from North Sec. Line. and 2050 it. horn EaslLOT Sec. Lima. OR BLOCK FiL1NG(UNIT) SUBDIVISION- Native Staring -4 STREET ADDRESS AT WELL LOCATION: 4 GROUND SURFACE ELEVATION }t DRILLING METHOD Air Rotary DATE COMPLETE O 8122102 TOTAL DEPTH 104 R. DEPTH COMPLETED 104 tt 6 HOLE 17IAM. (in) From (8) To (1z) 8314 0 50 5 GEOLOGIC LOG: veotr, '7esarixaan of Muiunal (Type. Sue, Color. Water Loeetlon) 0.50 Dirt. Sand 51-80 Gravel. Sand 8 51 104 81.104 Brown S 3 ora. Sand. Gravel 7 PLAIN CASING OD (In) Kind 6 518 Steel I mar 19 BT Wall Size 0.250 PERF. CASING: Screen Slot Sue 41/2 PVC Sch. 40 REMARKS Drive Shoe B Weil Cao From(ft) To (11) -2 98 8 FILTER PACK Materiel NIA Sixty /Marvel 4p 104 9 PACKER PLACEMENT Type Rubber DeDth 49- 10 „ROUTING RECORD. Malenal Amount Density Interval Roptscsmertt Cement 61319; 15 0-49 Poured d Vibrated 1DNSdNFECTION. Type Chlorine 12 WELD 7ESTDATA TESTING METHOD Static Level Pumping level Ami. Used 14 ox. Check box it Test Data is submitted on Form No. GWS 39 Supplemental Well Test. Air Ltt1 35 rL Oat seri to measured 8/22/02.7:30 am , Production Rate t5 9pm 100 ft Dateil'kme treasured 8!23102 - 7:45 am , Test length (Ws ) Remarks - - 13 1 ry,T read She statements made rarer inn know the tartans 1tMreor. end mat Slay ore uu1 to my lowela4941Furetent to SIC90n 24i-104 (13) {E C R S the mining of rye INleme^p mart constitutes Wiley to the second dame and ke Pooka ibis ai s dais t mHd m} i i 1 CONTRACTOR Syracuse Ordling_& Pump Co., Inc. Mailing Address P O Box 631, Ritte. CO 01550 'Signetu Name/Title (Please tyre or print) Jay J DeLine, Director Lac., No Oats 9,18/t32 1382 Form OFFICE OF T STATE ENGINEER GWS -25 COLORADO SION OF WATER RESOUFS 818 Centennial Bldg., 1313 Sherman SL, Denver, Colorado 80203 (303) 866-3581 APPLICANT PAUL 8 & JIM E LUGINBUHL PO BOX 950 BASALT, CO 61621- (970) 927-4585 ,PERMIT TO CONSTRUCT A WELL 057488 WELL PERMIT NUMBER ="_ r ©ES. BASIN MD `Rditaiwoce iq� 5t2 DIV. 5 WD 39 Lot 5 Block: Filing: Subdiv: NATIVE SPRINGS APPROVED WELL LOCATION GARFIELD COUNTY SW 1/4 SE 1/4 Section 2 Township 6 S Range 93 W Sixth P.M. DISTANCES FROM SECTION LINES 225 Ft. from South 1700 Ft. from East UTM COORDINATES Northing. Section Line Section Line Easting: ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2} The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. 3} Approved pursuant to CRS 37-90-137(2) for the construction of a well, appropriating ground water tributary to the Colorado River, as an alternate point of diversion to the Avalanche Canal and Siphon, an the condition that the well shall be operated only when the West Divide Water Conservancy District's substitute water supply plan, approved by the State Engineer, is in effect, and when a water allotment contract between the well owner and the West Divide Water Conservancy District for the release of replacement water from Ruedi Reservoir is in effect, or under an approved plan for augmentation. WDWCD contract #000906PJL(a). 4) The use of ground water from this well is limited to ordinary household purposes inside two single family dwellings, the irrigation of not more than 500 square feet of home gardens and lawns, and the watering of domestic animals. All use of this well will be curtailed unless the water allotment contract or a plan for augmentation is in effect. This well is known as WELL #5. 5) The maximum pumping rate of this well shall not exceed 15 GPM. 6) The average annual amount of ground water to be appropriated shall not exceed 0.85 acre-foot (277,000 gallons). 7) The owner shall mark the well in a conspicuous place with well permit nurnber(s), name of the aquifer, and court case number(s) as appropriate. The owner shall take necessary means and precautions to preserve these markings. 8) This well shall be constructed not more than 200 feet from the location specified on this permit 9) A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records of all diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request. NOTE: Expired permit no. 54922-F, was previously issued for this] for APPROVED JSG State Engjneet4AY 2 3 2002 `Receipt No. 9501072 DATE ISSUED Mar -13-03 09:14A SYRACUSE DRILLING & PUMP 970-525-1530 P.03 FCR" my 1 WELL CONSTRUC' ANO TEST REPORT STATE OF COLORADO.0 ICE OF THE STATE ENGINEER 131 Sherman SL. Rrn 848, Denver, CO 80203 WELL PERMIT NUM9ER 057488-F 2 OWNER NAME (S) Paul B. 3. Jim Luganbuhl Malting Address P.O. Box 950 City. 51. Zip Phone Basalt, CO 51921 970-e27-4585 3 WELL L9CATION AS DRILLED SW 114 SE 1/4 Sec. 2 DI$TANCE FROM SEC LINES' 225 h. from South Sec. Line. and 1700 ft from SUBDIVISION: Native Springs STREET ADDRESS AT WELL LCCATION. 4 GROUND SURFACE ELEVATION DATE COMPLETED rar [erce uw to" COPY Twp. 6 5 range 93 East Sec. Line. OR LOT 5 BLOCK Sixth P M FIL)NG(l1NIT) ft DRILLING METHOD Air Rotary 8126102 TOTAL DEPTH S GEOLOGIC LOG* Dem 0-40 DascnpUan at Malanat (TPD+. 5ua. Color. Water Locsuonl Surface dirt. Clay 4p-75 and 134 ft. DEPTH COMPLETE( 134 ft. 6 HOLE DIAM. (in.) From (ft) 5314 0 5 s1 To (ft) 40 134 75-80 Graves 60-134 Sandstone, Bfo4vrl Send 7 PLAIN CASING OD (in) Kind 6 518 Steel n+t water Q 80' Wail Stza 0.250 PERF. CASING: Screen Slot Sue 41/2 PVC Sch.40 REMARKS Or Shoe & Well Cap 8 FILTER PACK Material N/A Size Interval Fromlft) .3 To (n) 77 134 9, PACKER PLACEMENT Type Rubber Depth 313' 10 GROUTING RECORD. Materiel Amount Density interval i4eplaccrner Cement 5 Gaga 15 0-38' Poured & Vibrated 11 DISINFECTION Type 12 WDLL TEST DATA TESTING METHOD Statsc Level Pumping level Remarks Chlorine Amt. Used 10 oz nCheest t:ox if Test Data is submitted an Form No. GWS 39 Supplemental Well Test Air Lift 30 It Date/Time measured 8/26102 - 6.00 pm , Production Rate 15 9prn 130 ft. Date ime measured 6126/02 - 8.15 pr1 . Test length (hrs.) 1 13 naw read ta4 MU/manta made harm and know the contorts thereof. end that trey art Inn to nay knowledge1Pereuerl to Swoon 244.104113) tat R $ . Ire mairrg or taste stat.manta MrMn constitutes Qedury +n a+. secant, de9ree and is punishably 44 4 Was 1 +rxaaam.arar CONTRACTOR Malting Address Syracuse Onfltng & Pump Co.. Inc. P O. Sox 531. Sid, CO 81050 Name/Title (Please type or p Jay J_ DeLlne Director nt) Signature PH NE (974} 1125-1 UC No Date 9118/02 1382 a Form No. OFFICE OF TSTATE ENGINEER GWS -25 COLORADO SION OF WATER RESOUIS 818 Centennial Bldg., 1313 Sherman SL, Denver, Colorado 80203 (303) 866-3581 APPLICANT PAUL B & JIM E LUGINBUHL PO BOX 950 BASALT, CO 81621- (970) 927-4585 PERMIT TO CONSTRUCT A WELL r ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 1 } This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2} The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. 3} Approved pursuant to CRS 37-90-137(2) for the construction of a well, appropriating ground water tributary to the Colorado River, as an alternate point of diversion to the Avalanche Canal and Siphon, on the condition that the well shall be operated only when the West Divide Water Conservancy District's substitute water supply plan, approved by the State Engineer, is in effect, and when a water allotment contract between the well owner and the West Divide Water Conservancy District for the release of replacement water from Ruedi Reservoir is in effect, or under an approved plan for augmentation. WDWCD contract #000946PJL(a). 4} The use of ground water from this well is limited to ordinary household purposes inside two single family dwellings, the irrigation of not more than 500 square feet of home gardens and lawns, and the watering of domestic animals. All use of this well will be curtailed unless the water allotment contract or a plan for augmentation is in effect. This well is known as WELL #6. 5) The maximum pumping rate of this well shall not exceed 15 GPM. 6) The average annual amount of ground water to be appropriated shall not exceed 0.85 acre-foot (277,000 gallons). 7) The owner shall mark the well in a conspicuous place with well permit number(s), name of the aquifer, and court case number(s) as appropriate. The owner shall take necessary means and precautions to preserve these markings. 8) This well shall be constructed not more than 200 feet from the location specified on this permit 9) A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records of all diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request. NOTE: Expired permit no. 54923-F, was previously issued for this lot..22 LIC WELL PERMIT NUMBER 57489 - l' i l DIV. 5 WD 39 DES. BASIN MD t.ot: B Block: Filing: Subdiv: NATIVE SPRINGS APPROVED WELL LOCATION GARFIELD COUNTY SW 114 SE 114 Section 2 Township 6 S Range 93 W Sixth P.M. DISTANCES FROM SECTION LINES 225 Ft. from South 1950 Ft. from East UTM COORDINATES Northing: Section Line Section Line Easting: APPROVED JSG State Engineer Recei.t No. 9501071 DATE ISSUED Ir 2 3 2002 %PeRATION DATE MAY 23 Mar -13-03 09:15A SYRACUSE DRILLING & PUMP 970-525-1530 P _ 04 xpau Nv Gws.,. iv -e. WELL CONSTRUC1NO TEST REPORT STATE OF COLORADO, 1 ..`:E OF THE STATE ENGINEER 131 Sherman Si..Rm 818, Deriver, CO 15OZ03 - s¢ ay.. ' w.rn r 1 WELL PERMIT NUMBER 057489-F 2 OWNER Mailing Address City. Si Zip Phone NAME (S) Paul B. & Jim Lugenttuhl%'"�" P O. Box 950 Basalt, CO 81621 970-927-4585 3 WELL LOCATION DISTANCE 225 AS DRILLED SW 1/4 $E 1J4 Sec 2 Twp 5 5 Range 93 W Sixth P hi FROM SEC. LINES: rt [ram South Sec. Lino. and 1950 ft from East Sec. Line. OR 8 BLOCK FILING(UNIT) SUBDIVISION STREET Native Sgrin9s LOT ADDRESS AT WELL LOCATION: , 4 GROUND PATE COMPLETED SURFACE ELEVATION ft. DRILLING TOTAL DEPTH METHOD Air Rotary 6/2302 104 ftDEPTH COMPLETED 104 ft. 5 GEOLOGIC LOG: Own Ossatwon of Marmot 1Tli W. Size. Corer. Water Locaticrt) 0-40 Surface dirt, Sand 6 HOLE OIAM. (in.) From (1t) To (It) E 314 0 40 6 41 104 40-104 Sand, Small PocXets of Clay Wall Size Frorn(tt) Toth) 0.250 •2 76 7 PLAIN CASING OD (In) Kind 6 516 Steel i PERF. CASING: Screed Slot Sire: 4 1/2 PVC Son 40 .30 Hit water V 03. 24 los r ---1 a 8 FILTER PACK: Material NIA 9. PACKER PLACEMENT Type Ruttier Size De • Ill Interval 10 GROUTING RECORD: Materiel Amount Density interval Replaclmer.G Cement 5 Bags 15 0-38 Poured & IRENtARKS Drive Stott & Well Cap VitlrateC 11 OtSINFECTlON: Tape Chlorine Amt. Used 10 oz. 12 jrtt ELL TEST DATA. TESTING METHOD Static Level Pumping level Remarks ElCheck box if Test Data is submitted on Form No. GWS 39 Supplemental Weil Test Air Lill 31 ft. Date/Time measured 8/26102 - 7:00 am . Production Rate 100 It Date/Time measured 8/26102 - 7:30 am , Test length (hrs.) 15 Qpm 13 i nave read lite ftatamsntt marl! herein anti hurl.+ ane ccntar49 tine. and fres they are true to my knomedpe (Pt...sve tt td SIc*ion 24-4-104 03) (a) C A 5 the mslr,ry or has. stal.menu New cau4tutss penury in I11s second degree aryl is ounisnaete as a tsisa 1 rnradrnaanor ) CONTRACTOR Matting AdCress Syracuse Drilling & Pump Co.. Inc. P.O. Box 631, Rite, CO 81650 Name/Title (Please type Or print) Jay J Dating. Director ONE 97! 625.1 Lie. No 1382 Dabs 911W02 Form No. OFFICE OF TH TATE ENGINEER GWS -25 COLORADO DI ION OF WATER RESOUR 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 866-3581 APPLICANT PAUL B & JIM E LUGINEUHL PO BOX 950 BASALT, CO 81621- (970) 927-4585 PERMIT TO CONSTRUCT A WELL 4 LIC 057130 WELL PERMIT NUMBER; • DIV. 5 WD 39 DES. BASIN MD Lot: 7 Block: Filing: Subdiv: NATIVE SPRINGS APPROVED WELL LOCATION GARFIELD COUNTY SW 1/4 SE 114 Section 2 Township 6 S Range 93 W Sixth P.M. DISTANCES FROM SECTION LINES 225 Ft. from South Section Line 2250 Ft. from East Section Line UTM COORDINATES Northing: Easting: ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37-90-137(2) far the construction of a well, appropriating ground water tributary to the Colorado River, as an alternate point of diversion to the Avalanche Canal and Siphon, on the condition that the well shall be operated only when the West Divide Water Conservancy District's substitute water supply plan, approved by the State Engineer, is in effect, and when a water allotment contract between the well owner and the West Divide Water Conservancy District for the release of replacement water from Ruedi Reservoir is in effect, or under an approved plan for augmentation. WDWCD contract #000906PJL(a). 4} The use of ground water from this well is limited to ordinary household purposes inside two single family dwellings, the irrigation of not more than 500 square feet of home gardens and lawns, and the watering of domestic animals. All use of this well will be curtailed unless the water allotment contract or a plan fo; augmentation is in effect. This well is known as WELL. #7. 5) The maximum pumping rate of this well shall not exceed 15 GPM. 6) The average annual amount of ground water to be appropriated shall not exceed 0.85 acre-foot (277,000 gallons). 7) The owner shall mark the well in a conspicuous place with wel! permit number(s), name of the aquifer, and court case number(s) as appropriate. The owner shall take necessary means and precautions to preserve these markings. 8) This well shall be constructed not more than 200 feet from the location specified on this permit. 9) A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records of all diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request. NOTE: Expired permit no. 54924-F, was previously issued for this iot'�%r/Q ?.._ APPROVED JSG State Eng Theer Receipt No. 9501070 DATE ISSUED 4 13y EXPIRATION DATE MAY 2 3 200 Mar -13-03 09:15A SYRACUSE DRILLING & PUMP 970-625-1530 P.035 ;Ceti No Go/S-t 1,744 WELL comstRucraviD TEST REPORT STATE OF COLORADO, MICE OF THE STATE ENGINEER 31 Sherman St, Rm 818, Denver. CO 80203 2 WELL PERMIT NUMBER 057490-F OWNER NAME (S) Paul 8. & Jim Lugenbuhl Mailing Address P 0. Bax 950 City. St Zip Basalt, CO 61521 Phone 970-927-4585 3 WELL LQCATI©N AS DRILLED: SW 114 DISTANCE FROM SEC LINES: 225 K from South Sea Line. end 2250 h. from SUBDIVISION: Native SCrIngs 4 Fqr CPAs UM any SE 1/4 Sec. 2 Torp- 4 S Mange 93 W Sixth P.M. STREET ADDRESS AT WEU. LOCATION: GROUND SURFACE ELEVATION DATE COMPLETED East Sec- Una. OR LOT 7 BLOCK flUNG(LINIT) DRILLING METHOD Air Rotary 7/18/02 TOTAL DEPTH 5 GEOLOGIC LOG: Denote+ 0s*cnp a'+ or Melees! (Type. 5tc.. Calor, MAI( woof') 0-35 Wet Clay 35.70 Boulders, Sand & Gravel 70-80 Shate 80 ft. DEPTH COMPLETE( 6 HOLE DIAM. (in.) From (ft) 3/4 0 6 70 80 ft To (ft) 70 60 7 PLAIN CASING OD (in) Kind 6 5/6 Steel ate( betvreen 40 - 70 4 PVc Well Size 0.250 Scn.40 PERF. CASING: Screen Slot Size: 4' PVC Sdn.40 8 FILTER PACK' Material N/A Size Interval 9 PACKER PLACEMENT Type Rubber Depth 39' REMARKS Drive Shue & Will Can 10 GROUTING RECORD: Matenet Amount Density Cement 7 3a0 is 11 DISINFECTION: Type Chlorine 12 WELL TEST DATA TESTING METHOD Static Level Pumping Level Remarks Aunt. Used 14 a iniervar Repiacemeni 9-39 Poured 8 Vibrated nChedc box if Test Data is submitted on Form No. GWS 39 Supplemental Weil Test. Air Lift 20 ft. Oataftime measured 7013/02 - 5:00 p.m. , Production Rate 65 ft Date/Time measured 7/161'02 - 5:30 p.m. , Test length (hrs.) 15 gpm. 1.5 13 i hove real the staternents meets herein and know the contents dame(, Ind trtet they are trw m my knen$edpe tPurauant Co Salim 24.4.104 (13) (a) C R S ir+e mssinq of raker .teternenta Moron =settees penury in the a rcon4 dears" and to pwruhst a s. a dens CONTRACTOR Syracuse DriJJmg & Pum• Co.. Inc. ailing Address P.O. Sax 631, Ride, CO 61650 Name/Tide (Please type or print) Jay J. OeLine. Director a•f0NE !- 0 6 Sign re Lic. No pate 1382 8/21Y02 Form No. GWS -25 APPLICANT OFFICE OF T COLORADO 818 Centennial Bldg., 1313 (303) 366-3581 STATE ENGINEER ISION OF WATER RESOUES Sherman St., Denver, Colorado 80203 PAUL B & JIM E LUGINGUHL PC BOX 950 BASALT, CO 81621- (970) 927-4585 PERMIT TO CONSTRUCT A WELL R E..- • .., WELL PERMIT NUMBER DIV. 5 WD 39 DES. BASIN MD 057431 HINNYOCO Lot: 8 Block; Filing: Subdiv: NATIVE SPRINGS APPROVED WELL LOCATION GARFIELD COUNTY NW 114 NE 114 Section 11 Township 6 S Range 93 W Sixth P.M. DISTANCES FROM SECTION LINES 250 Ft. from North Section Line 2275 Ft. from East Section Line UTM COORDINATES Northing: Easting; ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37-90-137(2) for the construction of a well, appropriating ground water tributary to the Colorado River, as an alternate point of diversion to the Avalanche Canal and Siphon, on the condition that the well shall be operated only when the West Divide Water Conservancy District's substitute water supply plan, approved by the State Engineer, is in effect, and when a water allotment contract between the well owner and the West Divide Water Conservancy District for the release of replacement water from Ruedi Reservoir is in effect, or under an approved plan for augmentation. WDWCD contract #O00906PJL(a). 4) The use of ground water from this well is limited to ordinary household purposes inside two single family dwellings, the irrigation of not more than 500 square feet of home gardens and lawns, and the watering of domestic animals. Ali use of this well will be curtailed unless the water allotment contract or a plan for augmentation is in effect. This well is known as WELL n8. The maximum pumping rate of this well shall not exceed 15 GPM. The average annual amount of ground water to be appropriated shall not exceed 0.85 acre-foot (277,000 gallons). The owner shall mark the well in a conspicuous place with well permit number(s), name of the aquifer, and court case numbers) as appropriate. The owner shall take necessary means and precautions to preserve these markings. This well shall be constructed not more than 200 feet from the location specified on this permit. A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records of all diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request. NOTE: Expired permit no. 54925-F, was previously issued for this lot., 5) 6) 7) 8) 9) APPROVED JSG Recei. t No. 9501069 4 State Engineer DATE ISSUED T 2 3 2002 By XPIRATION DATE MAY23 20 FROM : FAX NO. Mar- 12 2003 04:26PM P2 7 /1/ r=Ah''iv C'^6.21 u.9+ WELL CQNSTRUC• AND TEST REPORT STATE OF COLORADO, OFFICE OF THE STATE ENGINEER 131 Sherman St, Rm 818. Denver, CO 80203 ;«:7r ;.,:u avy 1 WELL PERMIT NUMBER 057491-F 2 OWNER NAME (S) Paul B & Jim Lugenbuhr Mailing Address P 0 Box 950 C,ty. St Zfo Basalt. CO 81621 Phone 970-927-4585 WELL LOCATION AS DRILLED. NW 1/4 NE 1/4 Sec. 11 Twp. 6 5 .ange 93 W Sixth P M DISTANCE FROM SEC. LINES. 250 ft from North Sec. Line. and 2275 ft. from East Sec. Line. OR SUBDIVISION• Native Springs LOT 8 BLOCK FiLJNG(UNIT) -1 STREET ADDRESS AT WELL LOCATION. 4 GROUND SURFACE ELEVATION ft DRILLING METHOD Air Rotary DATE COMPLETED 7/15/02 TOTAL DEPTH 80 ft DEPTH COMPLETE[ 80 ft. 5 GEOLOGIC LOG. De i h Drscrietion of towel (Type. S. Caw, Wale Location) _ 6 HOLE DIAM. (in.) From (ft) To (It) 8 314 0 70 0-35 Wet Ctay 6 70 80 35-70 Boulders, Sand & Gravel 70-80 Shale 7 PLAIN CASING 00 (in) Kind Wall Size From(ft) To (11) 6 5/8 Steel 0.250 c 50 Water between 40 - 70 4 PVC Sat ao so 80 PERF. CASING: Screen Slot Size: .30 8518 Steel 0.250 50 70 4" PVC Sch. 40 80 80 S FILTER PACK: l9. PACKER PLACEMENT Matariai NIA Type Rubber Size Interval Depth 48 10 GROUTING RECORD: Material Amount Density Interval Replacement REMARKS Drive Shoe & Well Cap Cement 3 Bags 15 22-35 Poured i Vibrated 11 d1SINEECTIQN: Type Chlorine Arnt Used 1Q% 12 WELL TEST DATA- flCheck box If Test. Data is submitted on Form No. GWS 39 Supplemental Well Test. TESTING METHOD Air Lift Static Level 20 ft. Date/Time measured 7/15/02 - 10:00 a.m., Production Rate 15 gpm. Pumping level 85 ft DatadTime measured 7115/02 - 10:30 a.m. , lest length (hrs.) 1.5 Remarks 13 i have read ;he statements mala harem and know the contents thersol. and that they am the to rrry lanowi dge [Pursuant to Sectlon 2"4-4.104 (13) (a) C R.S.. the making of false slaIements herein consulates perjury in the second degree end is puntSreibie as a class 1 rnriedetnesnor CONTRACTOR Syracuse Drilling & Pump Co., Inc. P .'NE (9 *) 8 + Lic. No. 1382 Mailin. Address P.Q. Box 631. Rifle. CO 81650 %�.r-�_ Narne/Title (Please type or print) Jay J. DeLine. Director Signature �% ' / Al , , `,frfl Cate F 2: e? — O 7 /1/ Form No. GWS -25 APPLICANT OFFICE OF T STATE ENGINEER COLORADO WISION OF WATER RESOUIOES 818 Centennial Bldg., 1313 Sherman SL, Denver, Colorado 80203 (303) 866-3581 PAUL B & JIM E LUGiNBUHL PO BOX 950 BASALT„ CO 81621- (970) 927-4585 PERMIT TO CONSTRUCT A WELL LIC WELL PERMIT NUMBER 057492 - p - DIV. 5 WD 39 DES. BASIN MD Lot 9 Block: Filing: Subdiv: NATIVE SPRINGS APPROVED WELL LOCATIONS tri) VC GARFRELD COUNTY,. NW 1/4 NE 1/4 Section 11 Township 6 S Range 93 W Sixth Z DISTANCES FROM SECTION LINES 500 Ft. from North Section LinaAhg:'rc -�$ �hPS 2275 Ft. from East Section Line vX UTM COORDINATES Northing: Fasting: ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Weil Construction and Pump Installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37-90-137(2) for the construction of a well, appropriating ground water tributary to the Colorado River, as an alternate point of diversion to the Avalanche Canal and Siphon, on the condition that the well shall be operated only when the West Divide Water Conservancy District's substitute water supply plan, approved by the State Engineer, is in effect, and when a water allotment contract between the well owner and the West Divide Water Conservancy District for the release of replacement water from Ruedi Reservoir is in effect, or under an approved plan for augmentation. WDWCD contract #000906PJL(a)• 4} The use of ground water from this well is limited to ordinary household purposes inside two single family dwellings, the irrigation of not more than 500 square feet of home gardens and lawns, and the watering of domestic animals. All use of this well will be curtailed unless the water allotment contract or a plan for augmentation is in effect. This well is known as WELL#9. 5) The maximum pumping rate of this well shall not exceed 15 GPM. 6) The average annual amount of ground water to be appropriated shall not exceed 0.85 acre-foot (277,000 gallons). 7) The owner shall mark the well in a conspicuous place with well permit number(s), name of the aquifer, and court case number(s) as appropriate. The owner shall take necessary means and precautions to preserve these markings. This well shall be constructed not more than 200 feet from the location specified on this permit. A totalizing flow meter must be installed an this well and maintained in good working order. Permanent records of all diversions must be maintained by the well owner (recorded at feast annually) and submitted to the Division Engineer upon request. NOTE: Expired permit no. 54926-F, was previously issued for this lot...9-, ,P01-,, 8) 9) APPROVED JSG `Receipt No. 9501068 State Engineer DATE ISSUED By EXP RATION DATE 1.13 [ rave read the statements made herein and know trap contents thereof. arta that they aro true to my knowledge [PUrauem to Sen 24.4-104 (131 (a) 0 R 5.. Int masKmg of raise statements narein COMMAperjury in the ',mono degree and is punishable as a lass 1 made FROM : r:�xM M[J FAX NO. WELL CONSTRUC AHb TEST REPORT STATE OF COLORADO. OFFICE OF THE STATE ENGINEER 'Q,7 4 131 Sherman St., Rm 818. Denver, CO 80203 1 1 WELL PERMIT NUMBER 057492-F 2 'CANER NAME (S) Paut 8. & Jim Lu enbuhi Ma/rng Address P . Box 950 City. St Zip Basalt. CO 81621 Phan 970-927-4585 3 Mar. 12 2903 04:27PM P3 eFy Omni ute arty WELL LOCATION AS DR LED NW 1!4 NE 1/4 Sec 11 Twp. 6 5 large 93 W Sixth P M DISTANCE FROM SEC LINES. 500 ft from North Sac. line and 2275 tt. from East Sec. Line_ OR SUBDIVISION Native Springs LOT 9 BLOCK FILING(UNIT) STREET ADDRESS AT WELL LOCATION: 4 GROUND SURFACE ELEVATION DATE COMPLETED 71Q2 5 GEOLOGIC LOG• oeprin anotpbon pr Mamma (Tyae, Sae. Ctxor, Water Location) 0-35 Wet Clay ft. DRILLING METHOD Air Rotary TOTAL DEPTH 35-70 Boulders, Sand $ Grave! 70.80 Shale Water between 40-70 80 ft. DEPTH COMPLETE( 80 It S HOLE DIAM. (in.) From (ft) To (ft) 8 3/4 0 68 6 68 8o 7 PLAIN CASING 00 (in) Kind 6 5/8 Steel 4" pvC Wall Size 0.250 Sch. 40 PERF. CASING: Screen Slot Size: 30 5 5r8 Steel Frorn(ft) TQ (ft) *2 6 20 80 0.250 a8 68 4" PVC SO. 40 68 80 REMARKS Onve Shoe & Well Cap 1 DISINFECTION: Type Chlonne 8 FILTER PACK Materlai N/A Size Interval 9. PACKER PLACEMENT Type Rubber 35' 10 GROUTING RECORD: Material Amount Density [ntervai Reptacement Cement 5 Bags 15 20.35' Poured 8 Vibrated Amt. Used 12 v LL TEST DATA: TESTING METHOD Static Level Pumping level Remarks 10% (Check box if Test Data is submitted on Form No. GWS 39 Suppiemental Wet! Test. Aur Litt 20 ft Date/Time measured 7:3102 - 4:30 p.m, , Production Rate 65 ft. Date/Time measured 7/3/02 - 5:00 p.m. , Test length (hrs_) 15 gpm 1.5 CONTRACTOR Mailing Address Narrle/Title (Please type cr print) Jay J. DeLine. Director Syracuse 0rtllin• & Pump Co., Inc. P.O. Box 631, Rifle. CO 81850 Signatu HONE Lic. No. 1382 Date ell a0 -0z Form No. GWS -25 APPLICANT OFFICE OF T TATE ENGINEER COLORADO DSION OF WATER RESOURIPS 818 Centennial SIdg., 1313 Shen-nan St., Denver, Colorado 80203 (303) 866-3581 PAUL B & JIM E LUGINBUHL PO BOX 950 BASALT, CO 81621 - LIC WELL PERMIT NUMBER 057493 DIV. 5 WD 39 DES. BASIN MD Lot: 10 Slick: Filing: Subdiv: NATIVE SPRINGS APPROVED WELL LOCATION GARFiELD COUNTY NW 1/4 NE • 114 Section 11 " Township 6 S Range 93 W Sixth P.M. DISTANCES FROM SECTION LINES 34"L -r44` :,0 800 Ft. from North Section Line 2275 Ft, from East . Section line (970) 927-4585 UTM COORDINATES PERMIT TO CONSTRUCT A WELL Northing: r ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Purnp Installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37-90-137(2) for the construction of a well, appropriating ground water tributary to the Colorado River, as an alternate point of diversion to the Avalanche Canal and Siphon, on the condition that the well shall be operated only when the West Divide Water Conservancy District's substitute water supply plan, approved by the State Engineer, is in effect, and when a water allotment contract between the well owner and the West Divide Water Conservancy District for the release of replacement water from Ruedi Reservoir is in effect, or under an approved plan for augmentation. WDWCO contract #000906PJL(a). 4) The use of ground water from this well is limited to ordinary household purposes inside two single family dwellings, the irrigation of not more than 500 square feet of home gardens and lawns, and the watering of domestic animals. All use of this well will be curtailed unless the water allotment contract or a pian for augmentation is in effect. This well is known as WELL #10. 5) The maximum pumping rate of this well shall not exceed 15 GPM. 6) The average annual amount of ground water to be appropriated shall not exceed 0.85 acre-foot (277,000 gallons). 7) The owner shall mark the well in a conspicuous place with well permit number(s), name of the aquifer, and court case number(s) as appropriate. The owner shall take necessary means and precautions to preserve these markings. 8) This well shall be constructed not more than 200 feet from the location specified on this permit. 9) A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records of all diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request. NOTE: Expired permit no. 54927-F, was previously issued for this loth Easting: APPROVED JSG `Receipt No, 9501067 State Engineer DATE ISSUED MAY 2 3 2602 FAX NO. WELL CONSTRUC AND TEST REPORT STATE OF COLORADO. CFFtCE OF THE STATE €NGINEEFt 131 Sherman St. Rrn 818. Denver, CO 80203 1 ! WELL PERMIT NUMBER 057493-F 2OWNER NAME (S) Paul 9& Jim Lu genbunl Madi,ng Address P O. 80x 950 City. St Zip Basalt. CO 81621 Phpr.e 970-927-4585 927 -4585 3 WELL LQCATI OM AS DRJLLEC NW 114 NE 114 Sec. 11 DISTANCE PROM SEC LINES: 800 ft from North Sec. Line. and 2275 ft from SUBDIVISION: Native Springs STREET ADDRESS AT WELL LOCATION: 4 •GROUND SURFACE ELEVATION ,HATE COMPLETED 5 GEOLOGIC LOG, Daptri 0-35 35-70 Mar. 12 2903 34:28PM P4 r j C*^a ::x ;wry Twp 6 S Range 93 East Sec tine. OR LOT 10 BLOCK Sixth P M FILING(UNIT) DRILLING METHOD Air Rotary 7/1/02 TOTAL DEPTH 80 ft. DEPTH COMPLETE( 6 HOLE DIAM. (i Pescripvcn bt Ma entt (Type. Size. Coto/. Wane weziton) 8 3/4 Wet Clay 6 65 From (ft) 0 Boulders, Sand & Gravel .--- 70-80 &nate 80 To (ft) 65 Iso 7 PLAIN CASING OD (in) Kind 6 5/8 Steel REMARKS Drive Shoe 8, ell Cap 4" PVC Wali Size 0.25Q Sch. 40 PERF. CASING: Screen Slot Size. 30 5 516 Steel 0.250 From(ft) +2 24 ft To (ft) 85 4" _ PVC Son. 40 8 FILTER PACK Material N/A Size tnterval 10 GROUTING RECORD. Material Amount Cement 4 Bags 111D18iNFECTION: Type tlengify 15 54 50 55 0 9. PACKER PLACEMENT Type Ruooer Depth trrterval Replacement 20-35 Poured & Vibrate° Chlorine 12 WELL TEST DATA: TESTING METHOD Static Level Pumping level Remarks Amt Used Check box if Test Data is Air Lilt 20 ft Dato?ime measured 65 ft. Date/Time measured submitted on Form No. GWS 39 Supplemental Wed Test. 7/1/02 - 5:00 p.m - Production Rate 7/1/02 - 5:30 p nt. . Test length (hrs.) 15 gam. 1-5 13 1 have road the Statements mada g ,C„ ant} know the =items thereof. end that they are true to nay knowerdge [Pursuant to Section 24.4.104 011(a) the malting of false statements herein constitutes penury +n the second degree and is panishabie es 3 stars 1 mesa - -- or 1 CONTRACTOR Syracuse Drilling & Pump Co.. Inc Marlin q Address P.O. Box 631, Rifle. CO 81650 NamefTitle (Please type or print) Jay J DeUne Director Signatyr P•NE 9��j525-A22 L;C N. 1382 it Date ,w� ��� g- 2 0- O 2_ Form No. OFFICE OF Ti_STATE ENGINEER GWS -25 COLORADO [ , SION OF WATER RESOUiS 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 866-3581 APPLICANT PAUL B & JIM E LLJGINBUHL PO BOX 950 BASALT, CO 81621- (970) 9274585 PERMIT TO CONSTRUCT A WELL f ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 1 } This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. 3} Approved pursuant to CRS 37-90-137(2) for the construction of a well, appropriating ground water tributary to the Colorado River, as an alternate point of diversion to the Avalanche Canal and Siphon, on the condition that the well shall be operated only when the West Divide Water Conservancy Districts substitute water supply plan, approved by the State Engineer, is in effect, and when a water allotment contract between the well owner and the West Divide Water Conservancy District for the release of replacement water from Rued) Reservoir is in effect, or under an approved plan for augmentation. WDWCD contract A)00906PJL(a). 4) The use of ground water from this well is limited to ordinary household purposes inside two single family dwellings, the irrigation of not more than 500 square feet of home gardens and lawns, and the watering of domestic animals. All use of this well will be curtailed unless the water allotment contract or a plan for augmentation is in effect. This well is known as WELL #11. 5) The maximum pumping rate of this well shall not exceed 15 GPM. 6) The average annual amount of ground water to be appropriated shall not exceed 0.85 acre-foot (277,000 gallons). 7) The owner shall mark the well in a conspicuous place with well permit number(s), name of the aquifer, and court case number(s) as appropriate. The owner shall take necessary means and precautions to preserve these markings. 8) This well shall be constructed not more than 200 feet from the location specified on this permit. 9) A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records of all diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request. / NOTE: Expired permit no. 54928-F, was previously issued for this Ia 5 LIC WELL PERMIT NUMBER 057494 - F DIV. 5 WD 39 DES. BASIN MD Lot: 11 Block: Filing: Subdiv: NATIVE SPRINGS APPROVED WELL LOCATION M 't2. GARFIELD COUNTY NW 1/4 NE 114 Section 11;;E% Township 6 S Range 93 W Sit ff ill -14E0 '4 DISTANCES FROM SECTION LINES 1050 Ft. from North 2275 Ft. from East Section Line Section Line UTM COORDINATES Northing: Easting: APPROVED JSG State ,,Receipt No. 9501066 ngineer - DATE ISSUED KW 2 nQ Sy XPIRATION DATE MAY 23 2003 Mar -13-03 09.1SA SYRACUSE DRILLING 8 PUMP 970-625-1530 P - 06 FoRr No o„5-31 c..a 1 WELL CONSTRUCTWAND TEST REPORT STATE OF COLORADO, OFFICE OF THE STATE ENGINEER 131 Sharman St. Rm 618, Denver, CO 80203 Fweemus.w»t 1 WELL PERMIT NUMBER 057494-F 2 OWNER Mailing Address City, St Zip Phone NAME (5) Paul B. & Jim LugenburII P.O. Box 950 Basalt. CO 81621 970-927-4585 r 3 ' WILL IrOCATION AS ORILLra Is[W 114 NE 114 Set. 11 Twp. 8 S lenge 93 W Sixth P M. DISTANCE FROM SEC. LINES: 1050 ft from North Sec. Lyne. and 2275 (t. from East • Sec. Line. OR 11 BLOCK FILING(UNIT) Su8DIVISION' STREET Native Springs LOT ADDRESS AT WELL LOCATION: 4 GROUND DATE COMPLETED SURFACE ELEVATION R DRILLING METHOD Alr Rotiry 6125!02 TOTAL DEPTH 85 11 DEPTH C0MPLETEI 85 1t_ 5 GEOLOGIC LOG. peon dosenetren wr M.twn.l (TTP,. Sus, Cc+or, West London) 0-35 Wet Clay B HOLE DIAM. (In.) From (ft) To (R) 83/4 0 70 a 70 85 35.70 Sand & Gravel & Bculde 70-85 Shale 7 PLAIN CASING 00 (in) Kind Walt Size From(ft) To (It) 65/8 Steel 0150 .2 59 4„ PVC SO. 40 25 61 RF. CASING: Screen Slot Size: 4, PVC Sth.40 30 _+ I 8 FILTER PACK Material Nth 9. PACKER PLACEMENT Type Rubber Size I?epth 35' Interval 10 GROUTING RECORD: Materiel Amount Density intenrsi interReplacement Cement s sags 15 .0-35' Poured & REMARKS Drive Shoe & Well Cap Vibrated 11iO1SINFECTIQN: Type Chlorine Amt- Used 10 Z. 12 WELL TEST DATA- E]Check box if Test Data is submitted on FOM No. GWS 39 Supplemental Wail Test TESTING METHOD Air Ul! Static Level 20 ft Date/ me measured 8127102 - 10.00 a.m- Production Rate Pumping level "70 It Otte/Time measured 6(27102 -10'15 a.m. , Test length (hra.) Remarks 15 gpm. 15 13 I 1. -ave rasa me casements maaw Wein and !wow Ihr cordons Mina, and Vtd they are true to my Iw rtedge Marmara ora la Suchen 24-4-104 (13) Ji I C. R 5-. the menw•+a ar case statements nano eanultutre Penury '1114 acaNrd degree aria to Pxrlarts le ea a dim 1 nil " 62 44if 4101"1 ��-1e I g ad ler r ra IVA A°1M.Mirg.) I. CONTRACTOR Syracuse Crl>ring 1 Pump Co., Inc. Martin • Address P.O Box 831, Rise. CO 81650 Name/Title (Please type or pant) Ja J DeLine. Director HONE Lrc. Na. _ 1382 Date PY10r02 FROM : FAX NO. WELL CONSTRUC AND TEST REPORT STATE OF COLORADO- OFFICE OF THE STATE ENGINEER 131 Sherman St . Rm 818. Deriver. CO 80203 WELL PERMIT NUMBER 057494-F 2 OWNER NAME (S) Paul 8 & Jim Lugenbuhl Mail,ng Aaoress P.O Box 950 CIry. St Zip Basalt, CO 81621 Phone 970-927-4585 Mar. 12 2003 04:28PMM P5 Ask 1111 -a 3 WELL LOCATION AS DRILLED- NW 114 NE 114 See. 11 Twp_ 6 S 2ange 93 W Sixth P_M. DISTANCE FROM SEC. LINES 1050 ft. from North Sec. Line. and 2275 ft. from East Sec. Line. OR SUBDIVISION: Native Springs STREET ADDRESS AT WELL LOCATION: LOT 11 BLOCK FILING(UNIT) 4 GROUND SURFACE ELEVATION it, DRILLING METHOD Air Rotary DATE COMPLETED 5 GEOLOGIC LOG. Dem 6/2402 TOTAL DEPTH Oasrrown of maser*? (Type. Site. C. Water Location) 0-35 Wet Clay 35-70 70-35 Sand & Grave ShaLe & Boulders 85 t. DEPTH COMPLETEt 85 ft 6 HOLE DIAM. (In.) From (ft) To (ft) 8314 0 70 6 70 85 7 PLAIN CASING OD (in) Kind Wail Size Frpm(ft) To (ft) 6 5/8 Steel 0.250 +2 69 4" PVC Sch.40 25 85 PERF. CASING: Screen Slot Size: 6 518 Steel 0.250 49 4" PVC Soh. 40 62 62 85 REMARKS Drive Shoe & Well Cap 1 DISINFECTION: Type Chlorine 8 FILTER PACK Material NIA Size Interval 10 GROUTING RECORD: Matenal Amount Cement 4 Bags Density 9- PACKER PLACEMENT Type Rubber Depth 35' interval Replacement 15 20-35' Poured &. Vibrated Amt Used 10% 12 WELL TEST DATA' ECheck box if Test Data is submitted on Form No. GWS 39 Supplemental Weil Test TESTING METHOD Air Lift Static Levet 20 ft. Date1lime measured 8/27/02 - 10:00 a_m , Production Rate 15 gpm. Pumping level 70 ft Date/Time measured 8/27102 - 10:15 a.m . Test length (bre.) 1.5 Remarks 13 I hove teaks Zile ntatements made herein and Maw the ecotents ttlerreat and that they art taro to my knowledge (Pursuant to Seam 26-4.1o4 (1 3) Sat 0 11.5.. the matting of raise statements herein constitutes perjury In trst seC+9nd degree and ss rwnest>abie as a class t fro CONTRACTOR Syracuse Drilling & Purnp Co Inc. ; ONE 870) • Al Lic. N. 1382 Mailing Address P.O. Box 631. Rree, CO 81650 if Jav Destine. Director allr-NamelTitie (Please type or print) Sign...re J `Date Jav J Destine. Director -IPP i -Zo -es'z_ Form No. OFFICE OF THE TATE ENGINEER COLORADO DI ON OF WATER RESOURCS 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 866-3581 GWS -25 APPLICANT PAUL B & JIM E LUGINBUHL P 0 BOX 950 BASALT, CO 81621- (970) 927-4585 PERMIT TO CONSTRUCT A WELL 1095 WELL PERMIT NUMBER 235794 . DIV. 5 WD 39 DES. BASIN MD APPROVED WELL LOCATION GARFIELD COUNTY NW 114 NE 1/4 Section 11 Township 6 S Range 93 W Sixth P.M. DISTANCES FROM SECTION LINES 130 Ft. from North 2165 Ft. from East UTM COORDINATES Northing: Section Line Section Line Easting: ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 1 } This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. �i Approved pursuant to CRS 37-92-602(3)(b)(I) for the use as described in CRS 37-92-602(1)(d). The use of groundwater from this well is limited to fire protection. This well shall be capped and locked, and be available for use only in fighting fires. 5) The maximum pumping rate of this well shall not exceed 15 GPM. 6) The average annual amount of ground water to be appropriated shall not exceed 1 acre-foot. 7) The Division Engineer shall be notified within 72 hours whenever this well is pumped. 8) This well shall be constructed not more than 200 feet from the location specified on this permig%zaf APPROVED JSG R, except No. 0480917 red 4, State Engineef DATE ISSUED 2SW, Mar -Z4 -O3 09: 'SA SYRACUSE ORILL. ING & PUMP 97O-625-15.3 WELL. CONSTRUCTI 1D TEST REPORT STATE OF COLORADO, 0 OF THE STATE ENGINEER 131 Sherman 5t.. Rm 818. Canv.r, CO 80203 WELL PERMIT NUM5ER 235794 Z OWNER NAM (S) Mailing Address City, St Zip Basalt, CO 8162' Phone 970-927-4585 3 WELL LOCATION AS DRILLEQr NW 1/4 NE 114 Sec 11 Twp 6 5 Range 93 W Sixth P M DISTANCE FROM SEC. LINES 130 ft from North Sec. Line and 2165 tt. fromEast Sec Line. CR f1LlNG(UN1il SUBQIVISION Nome° SCnngs LOT BLOCK Fir. Well w Paul 13 & Jim Lugonbuhl C. Box950 car Orbor Um one cc 4 STREET ACCIRESS AT WELL LOCATION. GROUND SURFACE ELEVATION DATE CQMPLETEQ 8/27102 5 GEOLOGIC LOG: a rfCnpIOn of MaWenal tTypr. C'e. Coo-. Water LOptpnl aeon 0.38 Surface dirt, T11 C:ay 38.80 Gravel NG DRILLING METHOD A TOTAL DEPTH 80 fl. 5 HOLE CAM. (in.) 83/4 Rotary 6 118 DEPTH COMPLETEII 80 h. From (ft) To {rt) 38 30 38 7 PLAIN CASING 00 (in) Kind 6 518 Steel Wall Size 0.250 J PERF CASING. Screen Slot Size 14'! Water 45 4 112 PWC Sc.!, 4C 30 From(ft) To (fI .2 1`Q 70 da 8 FILTER PACK Material NIA Size interval 9 PACKER PLACEMENT Type Rubt,r --„ Death Ftrewel l F'EMAT KS Drive Shoe & Well Cao 11 10 GROUTING RECORD Mrtenai Amount Density Cement 4 Bags 18 DISINFECTION. Type Chlonne 12 WELL TEST. DATA. TESTING METHOD Static Level Pumping level Remarks 1 Amt. Used 0 oz. I.ntervrt 0.36' Rsp,acwnent Poured & Y�Y rated DChecit box if Test Data 4 submitted on Form No. GWS 39 Supplemental Wadi Test Au Litt 37 ft. Data1T'rne measured 8/21/02 - 5 00 pm , Production Rate 45 It. Qatari -me measured 8/27102 - n 30 pm . Test length (hrs.) 15 1 9Prn 3 I hove read the laaa.ments mace Neter' and know the contents u+erecf. and Mg story acv true to my knorMedge iPUrniant to S'aron 24.4.'04 i731 tat C. ht S she melr'+g or /tact sialtrolems r+rrr.+n der **biles penury In d1e second degree and rS punisnroie de a [lass 1 torn CONTRACTOR Syracuse Orating & Puma Co.. Inc. Malik" Address P O. Bax 531, Retie. CO 31650 Name/Title (Please type or print) Signature Ja J. CeLine, Director Lic oto. 1381 Dote 9118102 1 TABLE 2 • Pump Test Data Well 1D: Native S©rinzs Well i2 fob No.: 20722 Q = 15 gpm Client: Native Sorines r = ft Test 8y: Samuelson S.W.L. = 25.92 ft Analysis By: BC? b = ft Time/Date an: 1 1/100 11:30 AM M.P. = TimeiDate orf 11/3/00 1:05 PM projected Test Length: 25:35:00 tad time REAL TIME Time (minutes) 11/2100 f 1:30 A.'M[ 0 11/2100 1 1:31 AM1 11/2/00 11:32 AM r 2 11/7J00 11:34 AM 4 11/2/00 11:35 AIM 5 11/2'00 11:36 AM 11/2'00 11:38 .M 11/2'00 11:40 AM 11/2'00 11:45 .- ' 4 11/2100 1 I:50 Alvl 3 10 15 10 I I/100 12:00 PM 30 11/2100 12:10 PM I 11/2/00 12:20 PM 1 1/2100 12:30 PM !1/2/001:30 PM 11/2100 2:30 PM 1.1/2/00 3.30 PM 11/2100 4:00 PM 1 1/?100 11:00 PM 1 1/3/00 1:05 PM 40 W.L. ;Measurement Drawdown (fees) (feet} 25.92 Sw'L 28.29 23.77 29.62 2.37 2.35 3.70 30.58 4.66 31.25 32.67 33.69 35.92 37.00 37.17 37.17 50 60 120 180 240 270 690 1535 11/3/00 1:06 PM 1536 11/3/00 1:07 PM 1537 11/3/00 1:08 PM 1538 11/3/00 1:09 PM 1539 11/3/00 1:10 PM 1540 11/3/00 1:13 PM [543 1I/3/00 1:17 PM 1547 37.31 5.33 6.75 7.77 10.00 11.08 11.25 11.25 11.39 1 Q (gpm) (minutes) 20 1 12.5 15 1 15 15 tit' 15 1 15 1 15 15 15 15 15 37.332 11.40 15 37.38 37.50 11.46 11.58 37.52 11.60 37.55 38.40 15 1 15 15 1 11.63 15 12.48 15 39.67 13.75 1 Scop Purnnine 1 32.23 6.31 0 1 1 1 1536 29.47 3.55 1 0 1 1 769 28.00 2.08 0 1 3 27.15 1.23 0 1 4 26.81 0.89 1 0 1 5 26.50 0.53 0 1 26.38 1146 0 1 12 1 1/3/00'1 '0 PM - - 1550 • - 11/3/00 1:25 PM 1555 11/3/00 1:36 PM 1566 11/3/00 1:45 PM 1575 11/3/00 1:55 PM 11/3/00 2:05 P. 1585 26.32- 140 0 1 15 1 513 385 308 26.:6 0.34 0 1 20 26.19 0.27 0 1 31 26.18 126 0 1 40 26.15 0.23 0 1 50 1595 11/3/00 6:30 PM 11/4/00 12:00 PM 1860 2910 26.10 26.08 26.02 0.18 0 60 0.16 0 1 325 0.10 1 0 I 1375 193 129 103 78 51 39 32 27 1 6 1 2 1218100 Zancansila $ Assocates. Inc wcInPt prtU JUN -9-2003 09:57 FRor1:SYRACUSE DRILLING C970)6E5-1530 TO:9454885 P.12 Syracuse & Pump Co., Inc. WELLS • SPECIALTY DRILLING • PUMPS • WATER TREATMENT SALES • INSTALLATION • SERVICE & TESTING PO BOX 631 • RIFLE, COLORADO • 81650-0631 June 9, 2003 Native Springs Development Paul & Jim Lugenbuhl PO Box 950 Basalt, CO 81621 970-625-1522 877-222.8443 FAX 970-625-1530 Re: Pump Test Drawdown and Recovery Results — Native Springs Fire Well — Garfield Co.. Colorado Dear Sirs, On October 2, 2002 our company conducted a Pump Test at the above referenced property. In addition to our December 5, 2002 Pump Test Results Report, the following additional data was compiled regarding drawdown and recovery: • Static level —30 feet at start of test and 30 feet at end of test. With no noticeable drawdown on the Weil. Recovery time 0 minutes. If any questions arise, please feel free to contact our office. Yours truly, $ e, P Coke . .�` icense ► •. 1382 JJDlrht JUN -9-2003 09:53 FROM: SYRACUSE DRILLING (970),25-1530 TO: 9454885 N.� • • Syracuse Drilling Sit Pumpo., Inc. WELLS • SPECIALTY DRILLING • PUMPS • WATER TREATMENT SALES • INSTALLATION • SERVICE & TESTING PO BOX 631 • RIFLE, COLORADO • 81650-0631 June 9, 2003 Native Springs Development Paul & Jim Lugenbuhl PO Box 950 Basalt, CO 81621 970-625-1522 877-222.8443 FAX 970-625-1530 Re: Pump Test Drawdown and Recovery Results — Lot No. 1 — Native Springs — Garfield Co., Colorado Dear Sirs, On October 2, 2002 our company conducted a Pump Test at the above referenced property. In addition to our December 5, 2002 Pump Test Results Report, the following additional data was compiled regarding drawdown and recovery: • Static level — 25 feet at start of test and 25 feet at end of test, With no noticeable drawdown on the Well. Recovery time 0 minutes. If any questions arise, please feel free to contact our office. Yours truly, SYRAC ILLWNG JayJ C Ih 3JDIrht JUN -9-2083 09:54 FROM:SYRACUSE DRILLING (970)b25-1531 TO:9454885 P.3 Syracuse1 * • . , & Pump Co., Inc. WELLS • SPECIALTY DRILLING • PUMPS • WATER TREATMENT SALES • INSTALLATION • SERVICE & TESTING PD BOX 631 • RIFLE, COLORADO • 81650-0631 June 9, 2003 Native Springs Development Paul & Jim Lugenhuhl PO Box 950 Basalt, CO 81621 970-625-1522 877-222-8443 FAX 970-625-1530 Re: Pum + Test Drawdown and Recover Results — Lot No. 3 — Native S Garfield Co., Colorado nn Dear Sirs, On October 2, 2002 our company conducted a Pump Test at the above referenced property. In addition to our December 5, 2002 Pump Test Results Report, the following additional data was compiled regarding drawdown and recovery: • Static level — 24 feet at start of test and 24 feet at end of test. With no noticeable drawdown on the Well. Recovery time 0 minutes. If any questions arise, please feel free to contact our office. JUN- 9-2003 09:54 FROM: SYRACUSE DRILLING C970)625-1530 T©:9454885 F,4 • II/ Syracuse Drilling & Pump Co., Inc. WELLS • SPECIALTY DRILLING • PUMPS • WATER TREATMENT SALES • INSTALLATSON • SERVICE & TESTING PO BOX 631 • RIFLE, COLORADO • 81650-0631 June 9, 2003 Native Springs Development Paul & Jim Lugenbuhl PO Box 950 Basalt, CO 81621 970.625-1522 877-222-8443 FAX 970,625.1530 Re: Pump Test Drawdown and Recovery Results — Lot No. 4 — Native Springs — Gatheld Co., Colorado Dear Sirs, On October 2, 2002 our company conducted a Pump Test at the above referenced property. In addition to our December 5, 2002 Pump Test Results Report, the following additional data was compiled regarding drawdown and recovery: • Static level — 25 feet at start of test and 25 feet at end of test. With no noticeable drawdown on the Well. Recovery time 0 minutes. If any questions arise, please feel free to contact our office. LUNG den o ice!•.' No. 1": JUN -9-2003 09: 54 FROM:SYRPCUSE DRILLING 1970)625-1530 TO:9454dbt> 0 Syracuse • • _ & Pump Co., Inc. WELLS • SPECIALTY DRILLING • PUMPS • WATER TREATMENT SALES • INSTALLATION • SERVICE & TESTING PQ BOX 631 • RIFLE, COLORADO • 81650-0631 June 9, 2003 Native Springs Development Paul & Jim Lugenbuhl PO Box 950 Basalt, CO 81621 970-625.1522 877-222.8443 FAx 970-625.1530 Re: Pump Test Drawdown and Recovery Results Lot No. 5 Native Springs — Garfield Co.. Colorado Dear Sirs, On October 2, 2002 our company conducted a Pump Test at the above referenced property. In addition to our December 5, 2002 Pump Test Results Report, the following additional data was compiled regarding drawdown and recovery: • Static level — 25 feet at start of test and 25 feet at end of test. With no noticeable drawdown on the Well. Recovery time 0 minutes. If any questions arise, please feel free to contact our office. JUN -9-200. 09:55 FROM:SYRACUSE DRILLING C9?0)625-1530 TU:454885 r b Syracuse & Pump Co., Inc. WELLS • SPECIALTY DRILLING • PUMPS • WATER TREATMENT SALES • INSTALLATION • SERVICE & TESTING PO BOX 631 • RIFLE, COLORADO • 81650-0631 June 9, 2003 Native Springs Development Paul & Jim Lugenbuhl PQ Box 950 Basalt, CO 81621 970-625-1522 877-222-8443 Fax 970-62S-1530 Re: Pump Test Drawdown and Recovery Results - Lot No. 6 - Native Springs - Garfield Co.. Colorado Dear Sirs, On October 2, 2002 our company conducted a Pump Test at the above referenced property. In addition to our December 5, 2002 Pump Test Results Report, the following additional data was compiled regarding drawdown and recovery: • Static level - 38 feet at start of test and 38 feet at end of test. With no noticeable drawdown on the Well. Recovery time 0 minutes. If any questions arise, please feel free to contact our office. JUN -9-2@3 09 5 1 M:9 a 1 ■ Syracuse tilling Ea Pump Co., Inc. WELLS • SPECIALTY DRILLING • PUMPS • WATER TREATMENT SALES • INSTALLATION • SERVICE & TESTING Po 130X 631 • RIFLE, COLORADO • 81650-0631 June 9, 2003 Native Springs Development Paul & Jim Lugenbuhl PO Box 950 Basalt, CO 81621 r. r 970-625-1522 877.222.8443 Fax 970-625-1530 Re: Pump Test Drawdown and Recovery Results -- Lot No. 7 — Native Springs -- Garfield Garfield Co.. Colorado Dear Sirs, On October 2, 2002 our company conducted a Pump Test at the above referenced property. In addition to our December 5, 2002 Pump Test Results Report, the following additional data was compiled regarding drawdown and recovery: • Static Bevel — 37 feet at start of test and 37 feet at end of test. With no noticeable drawdown on the Well. Recovery time 0 minutes. If any questions arise, please feel free to contact our office. JUN -9-2003 09:55 FROM.SYRACU Syracuse 5 :9454885 r.a _& Pump Co., Inc. WELLS • SPECIALTY DRILLING • PUMPS • WATER TREATMENT 970$25-1522 SALES • INSTALLATION • SERVICE & TESTING 877-222-8443 PO BOX 631 • RIFLE, COLORADO • 81650-0631 FAX 970-625-15 30 June 9, 2003 Native Springs Development Paul & Jim Lugenbuhl PO Box 950 Basalt, CO 81621 Re: Pump Test Drawdown and Recovery Results — Lot No_ 8 — Native Springs — Garfield Co., Colorado Dear Sirs, On October 2, 2002 our company conducted a Pump Test at the above referenced property. In addition to our December 5, 2002 Pump Test Results Report, the following additional data was compiled regarding drawdown and recovery: • Static level — 25 feet at start of test and 25 feet at end of test With no noticeable drawdown on the Well. Recovery time 0 minutes. if any questions arise, please feel free to contact our office. JUN -9-2003 09:55 FROM:SYRACUSE DRILLING C970)525-1530 TU:945413tb r.y • 410 Syracuse P , Si. Pump Co., Inc. WELLS • SPECIALTY DRILUNG • PUMPS • WATER TREATMENT SALES • INSTALLATION • SERVICE & TESTING PO BOX 631 • RIFLE, COLORADO • 81650-0631 June 9, 2003 Native Springs Development Paul & Jim Lugenbuhl PO Box 950 Basalt, CO 81621 970-625-1522 877-222-8443 FAx 970-625-1830 Re: Pump Test Drawdown and Recovery Results — Lot No, 9 — Native Springs — Garfield Co., Colorado Dear Sirs, On October 2, 2002 our company conducted a Pump Test at the above referenced property. In addition to our December 5, 2002 Pump Test Results Report, the fallowing additional data was compiled regarding drawdown and recovery: • Static level — 22 feet at start of test and 22 feet at end of test. With no noticeable drawdown on the Well. Recovery time 0 minutes. 1f any questions arise, please feel free to contact our office. Yours truly, SYRA - E !!LING a side or o ense No. JJD/rht JUN -9-2003 09 56 FROM: SYRACUSE GRILLING ( )&c 5-15ii U; d'f3'+tiL3g r.1u Syracuse S. Pump Co., • Inc. WELLS • SPECIALTY DRILLING • PUMPS • WATER TREATMENT SALES • INSTALLATION • SERVICE & TESTING P© BOX 631 • RIFLE, COLORADO • 81650-0631 June 9, 2003 Native Springs Development Paul & Jim Lugenbuhl PO Box 950 Basalt, CO 81621 970-625-1522 877-222-8443 FAX 970-625.1530 Re: Pump Test Drawdown and Recovery Results — Lot No. 10 — Native Springs — Garfield Co.tiColorado Dear Sirs, On October 2, 2002 our company conducted a Pump Test at the above referenced property. in addition to our December 5, 2002 Pump Test Results Report, the following additional data was compiled regarding drawdown and recovery: • Static level — 22 feet at start of test and 22 feet at end of test. With no noticeable drawdown on the Well. Recovery time 0 minutes. If any questions arise, please feel free to contact our office. Yours truly, RIW Jay J resi C f • r0- erase o 82 JJD/rht JUN -9-2003 09:57 FRUM: SYHRCUSE L)I 1LL Ly (W Jbe5=i5}t] 1lJ. 41.4dBS r Syracuse i + & Pump Co., Irt. WELLS • SPECIALTY DRILLING • PUMPS • WATER TREATMENT SALES • INSTALLATION • SERVICE & TESTING PO BOX 631 • RIFLE, COLORADO • 81650-0631 June 9, 2003 Native Springs Development Paul & Jim Lugenbuhl PO Box 950 Basalt, CO 81621 970-625-1522 877-222-8443 FAX 970-625-1530 Re: Pump Test Drawdown and Recovery Results - Lot No. 11 — Native Springs — Garfield Co.. Colorado Dear Sirs, On October 2, 2002 our company conducted a Pump Test at the above referenced property. In addition to our December 5, 2002 Pump Test Results Report, the following additional data was compiled regarding drawdown and recovery: • Static level — 28 feet at start of test and 28 feet at end of test. With no noticeable drawdown on the Well. Recovery time 0 minutes. If any questions arise, please feel free to contact our office. Yours truly, SYRAC E Jay eside ense No 82 JJDirht Syrac g + PumpPup C Inc. WELLS • SSALTY DRILLING • PUMPS • WATER WEATMENT SALES • INSTALLATION • SERVICE & TESTING PO BOX 531 • RIFLE, COLORADO • 81650-0631 December 5, 2002 Native Springs Development Paul & Jim Lugenbuhl PO Box 950 Basalt, CO 81621 970-625-1522 877-222-8443 FAX 970-625-1530 Re: Pump Test Results - Native Springs Lot 1 — Garfield Co., Colorado Dear Sirs, On October 2, 2002 our company conducted a four (4) hour Pump Test at your property. The following data was compiled: • Pump set — 60 feet • Static level -- 25 feet at start of test and 25 feet at end of test • Water pumped at 15 GPM. If any questions arise, please feel free to contact our office. Yours truly, Co NC. ine. ` -. dent Coli _.4o Lic se No. 1382 JJD/rht SyracusAbrilling & Pump Coinc. WELLS • SPECIALTY DRILLING • PUMPS • WATER TREATMENT SALES • INSTALLATION • SERVICE & TESTING PO BOX 631 • RIFLE, COLORADO • 81650-0631 December 5, 2002 Native Springs Development Paul & Jim Lugenbuhl PO Box 950 Basalt, CO 81621 970-625-1522 877-222-8443 FAx 970.625.1530 Re: Pump Test Results -Native Springs Lot 3 — Garfield Co., Colorado Dear Sirs, On October 2, 2002 our company conducted a four (4) hour Pump Test at your property. The following data was compiled: • Pump set — 60 feet • Static level — 24 feet at start of test and 24 feet at end of test • Water pumped at 15 GPM If any questions arise, please feel free to contact our office. Yours truly. DRIL _• G- ` C}.. NC. t Licen o. 1382 JJD/rht Syracusa»i ' g & Pump Co"Inc. WELLS • SPECIALTY DRILLING • PUMPS • WATER TREATMENT SALES • INSTALLATION • SERVICE & TESTING PO BOX 631 • RIFLE, COLORADO • 81650-0631 December 5, 2002 Native Springs Development Paul & Jim Lugenbuhl PO Box 950 Basalt, CO 81621 Re: Pump Test Results — Native Springs Lot 4 — Garfield Co., Colorado Dear Sirs, 970-625-1522 877-222-8443 FAX 970-625-1530 On October 2. 2002 our company conducted a four (4) hour Pump Test at your property. The following data was compiled: • Pump set — 60 feet • Static level — 25 feet at start of test and 25 feet at end of test • Water pumped at 15 GPM If any questions arise. please feel free to contact our office. Yours truly. JJDIrht Syracustibrilling & Pump ColInc. WELLS • SPECIALTY DRILLING • PUMPS • WATER TREATMENT SALES • INSTALLATION • SERVICE & TESTING PO BOX 631 • RIFLE, COLORADO • 81650-0631 December 5, 2002 Native Springs Development Paul & Jim Lugenbuhl PO Box 950 Basalt, CO 81621 Re: Pump Test Results — Native Sprints Lot 5 — Garfield Co.. Colorado Dear Sirs, 970-625-1522 877-222-8443 FAX 970-625-1530 On October 2, 2002 our company conducted a four (4) hour Pump Test at your property. The following data was compiled: • Pump set — 60 feet • Static level — 25 feet at start of test and 25 feet at end of test • Water pumped at 15 GPM If any questions arise, please feel free to contact our office. Yours truly. SYRAC 5 Jay i e , Pr side C.•'ora . icense o. 1382 JJD/rht Syracusillbriiling & Pump Co nc. WELLS • SPECIALTY DRILLING • PUMPS • WATER TREATMENT SALES • INSTALLATION • SERVICE & TESTING PO BOX 631 • RIFLE, COLORADO • 81650-0631 December 5, 2002 Native Springs Development Paul & Jim Lugenbuhl PO Box 950 Basalt, CO 81621 Re: Pump Test Results — Native Springs Lot 6 — Garfield Co., Colorado Dear Sirs, 970-625-1522 877-222-8443 FAX 970-625-1530 On October 2, 2002 our company conducted a four (4) hour Pump Test at your property. The following data was compiled: • Pump set — 60 feet • Static level — 38 feet at start of test and 38 feet at end of test « Water pumped at 15 GPM If any questions arise, please feel free to contact our office. Yours truly, Syracuseibrilling & Pump Co.fiac. WELLS • SPECIALTY DRILLING • PUMPS • WATER TREATMENT SALES • INSTALLATION • SERVICE & TESTING PO BOX 631 • RIFLE, COLORADO • 81650-0631 December 5, 2002 Native Springs Development Paul & Jim Lugenbuhl Pd Box 950 Basalt, CO 81621 Re: Pump Test Results — Native Springs Lot 7 — Garfield Co., Colorado Dear Sirs, 970-625-1522 877-222-8443 FAx 970-625-1530 On October 1, 2002 our company conducted a four (4) hour Pump Test at your property. The following data was compiled: • Pump set — 60 feet • Static level — 37 feet at start of test and 37 feet at end of test • Water pumped at 15 GPM If any questions arise, please feel free to contact our office. Yours truly, larcense o. 1382 JJDlrht Syracusiilbrilling & Pump Co.Inc. WELLS • SPECIALTY DRILLING • PUMPS • WATER TREATMENT SALES • INSTALLATION • SERVICE & TESTING PO BOX 631 • RIFLE, COLORADO • 81650-0631 December 5, 2002 Native Springs Development Paul & Jim Lugenbuhl POBox 950 Basalt, CO 81621 Re: Pump Test Results - Native Springs Lot 8 — Garfield Co., Colorado Dear Sirs, 9700-625-1522 877-222-8443 FAX 970-625-1530 On October 2, 2002 our company conducted a four (4) hour Pump Test at your property. The following data was compiled: • Pump set — 60 feet • Static level -- 25 feet at start of test and 25 feet at end of test • Water pumped at 15 GPM If any questions arise, please feel free to contact our office. Yours truly. JJD/rht Syracusgthilling & Pump Co.}iac. WELLS • SPECIALTY DRILLING ' PUMPS • WATER TREATMENT SALES • INSTALLATION • SERVICE & TESTING PO BOX 631 • RIFLE, COLORADO • 81650-0631 December 5, 2002 Native Springs Development Paul & Jim Lugenbuhl PO Box 950 Basalt, CO 81621 970-625-1522 877-222-8443 FAX 970-625-1530 Re: Pump Test Results — Native Springs Lot 9 — Garfield Co., Colorado Dear Sirs, On October 2, 2002 our company conducted a four (4) hour Pump Test at your property. The following data was compiled: • Pump set — 60 feet • Static level -- 22 feet at start of test and 22 feet at end of test • Water pumped at 15 GPM If any questions arise, please feel free to contact our office. Yours truly, SYRAC US Jay - f eL . ' es den C rado L' ense N ► . 1382 JJDfrht Syracustibrilling & Pump Co'inc. WELLS • SPECIALTY DRILLING • PUMPS • WATER TREATMENT SALES • INSTALLATION • SERVICE & TESTING PO BOX 631 • RIFLE, COLORADO • 81650-0631 December 5, 2002 Native Springs Development Paul & Jim Lugenbuhl PO Box 950 Basalt, CO 81621 970-625-1522 877-222-8443 FAx 970-625-1530 Re: Pump Test Results - Native Springs Lot 10 — Garfield Co., Colorado Dear Sirs, On October 1, 2002 our company conducted a four (4) hour Pump Test at your property. The following data was compiled: • Pump set — 60 feet • Static level — 22 feet at start of test and 22 feet at end of test • Water pumped at 15 GPM If any questions arise, please feel free to contact our office. Yours truly, SYRACUS !LUNG Jay JJD/rht SyracusAbrilling & Pump C©"Enc. WELLS • SPECIALTY DRILLING • PUMPS • WATER TREATMENT SALES • INSTALLATION • SERVICE & TESTING PO BOX 631 • RIFLE, COLORADO • 81650-0631 December 5, 2002 Native Springs Development Paul & Jim Lugenbuhl PO Box 950 Basalt, CO 81621 970-625-1522 877-222-8443 FAX 970-625-1530 Re: Pump Test Results — Native Springs Lot No. 11 - Garfield Co., Colorado Dear Sirs, On October 1, 2002 our company conducted a four (4) hour Pump Test at your property. The following data was compiled: • Pump set — 60 feet • Static level — 28 feet at start of test and 28 feet at end of test • Water pumped at 15 GPM If any questions arise, please feel free to contact our office. Yours truly, Syracusibrilling 6z Pump Colinc. WELLS • SPECIALTY DRILLING • PUMPS • WATER TREATMENT SALES • INSTALLATION • SERVICE & TESTING PO BOX 631 • RIFLE, COLORADO • 81650-0631 December 5, 2002 Native Springs Development Paul & Jim Lugenbuhl PO Box 950 Basalt, CO 81621 970-625-1522 877-222-8443 FAX 970-625-1530 Re: Pump Test Results — Native Springs Fire Well — Garfield Co.. Colorado Dear Sirs, On October 2, 2002 our company conducted a four (4) hour Pump Test at your property. The following data was compiled: • Pump set — 60 feet • Static level — 30 feet at start of test and 30 feet at end of test • Water pumped at 15 GPM if any questions arise, please feel free to contact our office. Yours truly, D olor►'' icens o. 1382 JJD/rht Syracusillbrilling & Pump Co. nc. WELLS • SPECIALTY DRILLING • PUMPS • WATER TREATMENT SALES • INSTALLATION • SERVICE & TESTING PO BOX 631 • RIFLE, COLORADO • 81650-0631 December 5, 2002 Native Springs Development Paul & Jim Lugenbuhl PO Box 950 Basalt, CO 81621 Re: Pump Test Results - Native Sprinms Lot 1 -- Garfield Co., Colorado Dear Sirs, 970-625-1522 877-222-8443 FAX 970-625-1530 On October 2, 2002 our company conducted a four (4) hour Pump Test at your property. The following data was compiled: • Pump set — 60 feet • Static level — 25 feet at start of test and 25 feet at end of test • Water pumped at 15 GPM If any questions arise, please feel free to contact our office. Yours truly, JJD/rht dent Lic se No. 1382 Syracu g & Pump Cqi Inc. WELLS • SPECIALTY DRILLING • PUMPS • WATEREATMENT SALES • INSTALLATION • SERVICE & TESTING PO BOK 531 • RIFLE, COLORADO • 31650-0631 December 5, 2002 Native Springs Development Paul & Jim Lugenbuhl PO Box 950 Basalt, CO 81621 970-625-1522 877-222-8443 FAX 970-625-1530 Re: Pump Test Results -- Native Springs Lot 3 — Garfield Co.. Colorado Dear Sirs, On October 2, 2002 our company conducted a four (4) hour Pump Test at your property. The following data was compiled: • Pump set — 60 feet • Static level — 24 feet at start of test and 24 feet at end of test • Water pumped at 15 GPM If any questions arise, please feel free to contact our office. Yours truly, e Licen . 0. 1382 JJD/rht NC. Syracu g & Pump C AInc. WELLS • SPE 1ALTY DRILLING • PUMPSs WATER TZv1ETFT 970-625-1522 SALES • INSTALLATION • SERVICE & TESTING 877-222-8443 PQ BOX 631 • RIFLE, COLORADO • 81650-0631 Fax 971 25-1530 December 5, 2002 Native Springs Development Paul & Jim Lugenbuhl PO Box 950 Basalt, CO 81621 Re: Pump Test Results -- Native Springs Lot 4 — Garfield Co., Colorado Dear Sirs, On October 2. 2002 our company conducted a four (4) hour Purnp Test at your property. The following data was compiled: • Pump set — 60 feet • Static level -- 25 feet at start of test and 25 feet at end of test • Water pumped at 15 GPM If any questions arise. please feel free to contact our office. Yours truly, SYRACUS ,*RILL! i►-. P icens- +o. 1382 JJD/rht SyracueDrilling & Pump C Inc. WELLS • SPECIALTY DRILLING • PUMPS • WATERATMENT SALES • INSTALLATION • SERVICE & TESTING PO BOX 631 • RIFLE, COLORADO • 81650-0631 December 5, 2002 Native Springs Development Paul & Jim Lugenbuhl PO Box 950 Basalt, CO 8I621 970-625-1522 877-222-8443 FAX 970-625-1530 Re: Pump Test Results — Native Springs Lot 5 — Garfield Co.. Colorado Dear Sirs, On October 2, 2002 our company conducted a four (4) hour Pump Test at your property. The following data was compiled: • Pump set — 60 feet • Static level — 25 feet at start of test and 25 feet at end of test • Water pumped at 1 5 GPM If any questions arise, please feel free to contact our office. Yours truly, SYRAC S i RILL' ?/. Jay Me , Pr side ora Icense -o_ 1382 JJD/rht Syracus ' ' g & Pump C Inc. WELLS • SPECIALTY DRILLING • PUMPS • WATER�TMENT SALES • INSTALLATION • SERVICE & TESTING PO BOX 631 • RIFLE, COLORADO • S 1630-0631 December 5, 2002 Native Springs Development Paul & Jim Lugenbuhl PO Box 950 Basalt, CO 81621 970-625-1522 877-222-8443 FAx 970-625-1530 Re: Pump Test Results — Native Springs Lot 6 — Garfield Co.. Colorado Dear Sirs, On October 2, 2002 our company conducted a four (4) hour Pump Test at your property. The following data was compiled: • Pump set — 60 feet • Static level — 38 feet at start of test and 38 feet at end of test • Water pumped at 15 GPM If any questions arise, please feel free to contact our office. Yours truly, Syracu.Drilling & Pump Oil' Inc. WELLS • SPECIALTY DRILLING • PUMPS • WATEREATMENT SALES • INSTALLATION * SERVICE & TESTING PO BOX 631 • RIFLE, COLORADO • 81650-}631 December 5, 2002 Native Springs Development Paul & Jim Lugenbuhl PO Box 950 Basalt, CO 81621 970-625-1522 877-222-8443 Fax 970-625-1530 Re: Pump Test Results — Native Springs Lot 7 — Garfield Co.. CoPorada Dear Sirs, On October 1, 2002 our company conducted a four (4) hour Pump Test at your property. The following data was compiled: • Pump set — 60 feet • Static level —37 feet at start of test and 37 feet at end of test • Water pumped at 15 GPM if any questions arise. please feel free to contact our office. Yours truly, SYRAGU / for JJD/rht RILLIN icense o_ t382 Syracus g & Pump C Inc. WELLS • SPECIALTY DRILLING • PUMPS • WATER TMENT SALES • INSTALLATION • SERVICE & TESTING PO BOX 531 • RIFLE, COLORADO • 81650-7631 December 5, 2002 Native Springs Development Paul & Jim Lugenbuhl PO Box 950 Basalt, CO 81621 970-625-1522 877-222-8443 FAX 970-625-1530 Re: Pump Test Results -- Native Springs Lot 8 — Garfield Co., Colorado Dear Sirs, On October 2, 2002 our company conducted a four (4) hour Pump Test at your property. The following data was compiled: • Pump set — 60 feet • Static level — 25 feet at start of test and 25 feet at end of test • Water pumped at 15 GPM If any questions arise, please feel free to contact our office. Yours truly. JJD/rht SyracueDrilling & Pump Cqp Inc. WELLS • SPECIALTY DRILLING • PUMPS • WATERTMENT SALES • INSTALLATION • SERVICE & TESTING PO BOX 631 • RIFLE, COLORADO • 81650-0631 December 5, 2002 Native Springs Development Paul & Jim Lugenbuhl PO Box 950 Basalt, CO 81621 970-625.1522 877-222-8443 FAX 970-625-1530 Re: Pump Test Results -- Native Springs Lot 9 Garfield Co.. Colorado Dear Sirs, On October 2. 2002 our company conducted a four (4) hour Pump Test at your property. The following data was compiled: • Pump set — 60 feet • Static level —22 feet at start of test and 22 feer at end of test • Water pumped at 15 GPM If any questions arise, please feel free to contact our office. Yours truly, SYRACUS lr !LUNG JaeLes den C rado L' ense N 1382 JJD/rht Syrac ' g Si. Pump C Inc. WELLS • SPECIALTY DRILLING • PUMPS • WATER�ATMENT SALES • INSTALLATION • SERVICE & TESTING PO BOX 631 • RIFLE, COLORADO • 81650-0631 December 5, 2002 Native Springs Development Paul & Jim Lugenbuhl PO Box 950 Basalt, CO 81621 970-625-1522 877-222-8443 Fax 970-625-1530 Re: Pump Test Results — Native Springs Lot 10 — Garfield Co., Colorado Dear Sirs, On October 1, 2002 our company conducted a four (4) hour Pump Test at your property. The following data was compiled: • Pump set — 60 feet • Static level — 22 feet at start of test and 22 feet at end of test • Water pumped at 15 GPM If any questions arise. please feel free to contact our office. Yours truly, SYRACUS Jay JJD/rht SyracueDrilling & Pump C1 Inc. WELLS • SPECIALTY DRILLING • PUMPS • WATER ATMENT SALES • INSTALLATION * SERVICE & TESTING PO BOX 631 • RIFLE, COLORADO • 81650-0631 December 5, 2002 Native Springs Development Paul & Jim Lugenbuhl PO Box 950 Basalt, CO 81621 970-625-1522 877-222-8443 Fax 970-625-1530 Re: Pump Test Results Native Springs Lot No. 11 — Garfield Co.. Colorado Dear Sirs, On October 1, 2002 our company conducted a four (4) hour Pump Test at your property. The following data was compiled: • Pump set — 60 feet • Static level -- 28 feet at start of test and 28 feet at end of test • Water pumped at 15 GPM If any questions arise, please fees free to contact our office. Syracus g & Pump Co.Inc. WELLS SPECfALTY DRILLING • PUMPS • WATERTMENT SALES • 1NSTALLAT/ON • SERVICE & TESTING PO BOX 631 • RIFLE, COLORADO • 81650-0631 December 5, 2002 Native Springs Development Paul & Jim Lugenbuhl PO Box 950 Basalt, CO 81621 970-625-1522 877-222-8443 FAX 970-625-1530 Re: Pump Test Results Native Springs Fire Well — Garfield Co.. Colorado Dear Sirs, On October 2, 2002 our company conducted a four (4) hour Pump Test at your property. The following data was compiled; • Pump set — 60 feet • Static level —30 feet at start of test and 30 feet at end of test • Water pumped at 15 GPM If any questions arise. please feel free to contact our office. FROM .111 .f, FAX NO. : e u.Jeueec:a, Fib ?'7 2003 p1:14PT1 fi 4.11•m-ue 11 :4eAm eAk= 1;1 • • RIFLE FIRE PROTECTION DISTRICT Apel 3, 2.0(12 Kit Lyons Garf,cidd County Building and Plantrurg 109 8 S is ;tet Glcnwoad Springs, Colorado 81602 Reference: Ne6ve Springs Subdivision Kit, The Rime Fire Proiectori District him reviewed the pr psed Native Springs Subdivision and approves the concept afa 30,000 gallon =Ira] water supply and individual automatic fire sprinkler system in them future residences. Sincueiy, I ke Morgan District Chief Tetenhone (617O) 62S-1243 • Fftx (970) e25-2983 1860 Railroad. Avai ua P.OE Sex 1133 • Rine, Colorado 81550 P.O. Box 1908 91ILIV\ • 1005 Cooper Ave. Glenwood Springs, ZINCANELL4 4ND 455004TES, INC. CO 81602 ENGINEERING CONSULTANTS March 7, 2003 Mr. Mark Bean Garfield County Building & Planning 108 Eighth Street, Suite 201 Glenwood Springs, CO 81601 RE: Native Springs Subdivision — Water Quality Dear Mark: (970) 945-5700 (970) 945-1253 Fax Zancanella and Associates, Inc. has be asked to relate to the Building and Planning Department the results of water quality testing completed on the individual wells drilled to serve each of eleven lots on the proposed Native Springs Subdivision. In this letter report we will present the laboratory results and our interpretation of those results. Zancanella and Associates was involved in the earlier sampling and testing of Well #2 on Lot 2 of the subdivision. Those results were documented in a report to your office, dated March 12, 2001. Results from the other ten wells detailed in the report herein were supplied to Zancanella and Associates through Paui and Jim Luginbuhl, owners of the Native Springs development. Metals, Nitrate/Nitrite, TDS Zancanella and Associates received digital data directly from ACZ Laboratories, Inc. for the metals, nitrate/nitrite and Total Dissolved Solids (TDS) analyses. All these samples were collected on October 14, 2002. We have organized this data into the attached tables for your examination. They have been arranged for easy comparison to the Maximum Contaminant Levels (MCLs) for each analyte. For all ten of the wells, the metals and nitrate/nitrite results were less than the MCLs. There is no MCL for TDS, however the recommended MCL, or secondary MCL, for TDS is 500 mg/L. All of the wells exceeded that level. Coliform Bacteria Coliform bacteria test results were supplied to Zancanella and Associates by Syracuse Drilling & Pump Co., Inc. Bacteria samples for the Lots 1 and 5 Wells were collected on February 6, 2003. All the other bacteria samples were collected on January 22, 2003. Copies of the results are attached. The analyses were performed by the Colorado state lab in Grand Junction. All ten results showed that coliform bacteria were absent from the samples. • Interpretation The results supplied to us do not indicate any problems with the water from any of the wells, except for the high levels of TOS. Using reverse osmosis systems to process water for human consumption will remove any potential health risks. Mineral deposits on water fixtures may be a minor problem for homeowners due to the high levels of dissolved solids. No pump tests or water analyses for radiological properties, except for the previously mentioned Well #2, have been supplied to Zancanella and Associates for interpretation. If you have any questions please call our office at (970) 945-5700. Very truly yours, Zancanella & Associates, Inc. Thomas A. Zancanella, P.E. Jo / Bradley C. Pe.9K Geologist cc: Paul and Jim Luginbuhl Barbara Kozelka Z:\20000\20722 Native Springs Sub\Bean-WaterQual.doc Native Springs Subdivision - Lot 1 CLIENTID I LOT 1 LOT 1 LOT 1 LOT 1 LOT 1 LOT 1 LOT 1 LOT 1 LOT 1 LOT 1 LOT 1 LOT 1 LOT 1 LOT 1 LOT 1 LOT 1 DEFTNAME Metals Analysis Metals Analysis Metals Analysis Metals Analysis Metals Anatysis Metals Analysis Metals Analysis Metals Analysis Metals Analysis Metals Analysis Metals Analysis Wet Chemistry Wet Chemistry Wet Chemistry Wet Chemistry Wet Chemistry ANALYTE Antimony, total recoverable Barium, total recoverable Beryllium, total recoverable Cadmium, total recoverable Chromium, total recoverable Copper, total recoverable Lead, total recoverable Mercury, total recoverable Nickel, total recoverable Selenium, total recoverable Thallium, total recoverable Cyanide, total Nitrate as N, dissolved Nitrate/Nitrite as N, dissolve Nitrite as N, dissolved Residue, Filterable (TDS) ©180 MATRIX RESULT MCL DW 0.006 DW 0.0196 2.000 DW 0.004 DW 0.005 DW 0.0016 0.100 DW 0.0067 1.300 DW 0.0016 0.015 DW 0.002 DW 0.0032 0.100 DW 0.050 DW 0.002 DW 0.200 DW 0.31 10.000 DW 0.31 10.000 DW 1.000 DW 1690 MCL = Maximum Contaminant Level MDL = Method Detction Level PQL = Practical Quantitation Limit, typically 5 times the MDL Quaff U = analyte was analyzed For but not detected at the indicated MDL TDS = 500 rng/L secondary MCL QUAL U U U U U U U U UNITS MDL PCO mg/L 0.0002 0.001 mg/L 0.0001 0.0005 mg/L 0,0001 0.0005 mg/L 0.0001 0.0005 mg/L 0.0001 0.0005 mg/L 0.0005 0.003 mg/L 0.0001 0.0005 mg/L 0.0002 0.001 mg/L 0.0002 0.001 mg/L 0.002 0.008 mg/L 0.00005 0.0003 mg/L 0.01 0.05 mg/L 0.02 0.1 mg/ 0.02 0.1 mg/L 0.01 0,05 mg/L 10 20 • Native Springs Subdivision - Lot 3 CLIENTID LOT 3 LOT 3 LOT 3 LOT 3 LOT 3 LOT 3 LOT 3 LOT 3 LOT 3 LOT 3 LOT 3 LOT 3 LOT 3 LOT 3 LOT 3 LOT 3 DEPTNAME Metals Analysis Metals Analysis Metals Analysis Metals Analysis Metals Analysis Metals Analysis Metals Analysis Metals Analysis Metals Analysis Metals Analysis Metals Analysis Wet Chemistry Wet Chemistry Wet Chemistry Wet Chemistry Wet Chemistry ANALYTE Antimony, total recoverable Barium, total recoverable Beryllium, total recoverable Cadmium, total recoverable Chromium, total recoverable Copper, total recoverable Lead, total recoverable Mercury, total recoverable Nickel, total recoverable Selenium, total recoverable Thallium, total recoverable Cyanide, total Nitrate as N, dissolved Nitrate/Nitrite as N, dissolve Nitrite as N, dissolved Residue, Filterable (TDS) @180 MATRIX RESULT MCL DW 0.006 DW 0.0177 2.000 DW 0.004 DW 0.005 DW 0.0029 0.100 DW 0.0036 1.300 DW 0.0005 0.015 DW 0.002 DW 0.0034 0.100 DW 0.050 DW 0.002 DW 0,200 DW 0.17 10.000 DW 0.18 10.000 DW 0.01 1.000 DW 1590 MCL = Maximum Contaminant Level MOL = Method Detection Level PQL = Practical Quantitation Limit, typically 5 times the MDL Qual U = Analyte was analyzed for but not detected at the indicated MDL TDS = 500 mg/L secondary MCL QUAL U U U U U u U B UNITS MDL PQL mg/L 0.0002 0.001 mg/L 0.0001 0.0005 mg/L 0.0001 0.0005 mg/L 0.0001 0.0005 mg/L 0.0001 0.0005 mg/L 0.0005 0.003 mgfL 0.0001 0.0005 mg/L 0.0002 0.001 mg/L 0.0002 0.001 mg/L 0.002 0.008 mg/L 0.00005 0.0003 mg/L 0.01 0.05 mg/L 0.02 0.1 mg/L 0.02 0.1 mg/L 0.01 0.05 mg/L 10 20 Native Springs Subdivision - Lot 4 CLIENTID LOT 4 LOT 4 LOT 4 LOT 4 LOT 4 LOT 4 LOT 4 LOT 4 LOT 4 LOT 4 LOT 4 LOT 4 LOT 4 LOT 4 LOT 4 LOT 4 DEPTNAME Metals Analysis Metals Analysis Metals Analysis Metals Analysis Metals Analysis Metals Analysis Metals Analysis Metals Analysis Metals Analysis Metals Analysis Metals Analysis Wet Chemistry Wet Chemistry Wet Chemistry Wet Chemistry Wet Chemistry ANALYTE Antimony, total recoverable Barium, total recoverable Beryllium, total recoverable Cadmium, total recoverable Chromium, total recoverable Copper, total recoverable Lead, total recoverable Mercury, total recoverable Nickel, total recoverable Selenium, total recoverable Thallium, total recoverable Cyanide, total Nitrate as N, dissolved Nitrate/Nitrite as N, dissolve Nitrite as N, dissolved Residue, Filterable (TDS) @180 MATRIX RESULT MCL DW 0.006 DW 0.0221 2.000 DW 0.004 DW 0.005 OW 0.0014 0,100 DW 0.0043 1.300 DW 0.0006 0,015 DW 0.002 DW 0.004 0.100 DW 0.050 DW 0.002 DW 0.200 DW 0.14 10.000 DW 0.18 10.000 DW 0.04 1.000 DW 1550 MCL = Maximum Contaminant Level MDL = Method Detection Level PQL = Practical Quantitation Limit, typically 5 times the MOL Qual U = Analyte was analyzed for but not detected at the indicated MDL TDS = 500 mg/L secondary MCL QUAL U u u U U U U B UNITS MDL PQL rng/L 0.0002 0.001 mg/L 0.0001 0.0005 mg/L 0.0001 0.0005 mg/L 0.0001 0.0005 mg/L 0.0001 0.0005 mg/L 0.0005 0.003 mg/L 0.0001 0.0005 mg/L 0.0002 0.001 mg/L 0.0002 0.001 mg/L 0.002 0.008 mg/L 0.00005 0.0003 mg/L 0.01 0.05 mg/L 0.02 0.1 mg/L 0.02 0.1 mg/L 0.01 0.05 mg/L 10 20 • Native Springs Subdivision - Lot 5 CLIENTID LOT 5 LOT 5 LOT 5 LOT 5 LOT 5 LOT 5 LOT 5 LOT 5 LOT 5 LOT 5 LOT 5 LOT 5 LOT 5 LOT 5 LOT 5 LOT 5 DEPTNAME Metals Analysis Metals Analysis Metals Analysis Metals Analysis Metals Analysis Metals Analysis Metals Analysis Metals Analysis Metals Analysis Metals Analysis Metals Analysis Wet Chemistry Wet Chemistry Wet Chemistry Wet Chemistry Wet Chemistry ANALYTE Antimony, total recoverable Barium, total recoverable Beryllium, total recoverable Cadmium, total recoverable Chromium, total recoverable Copper, total recoverable Lead, total recoverable Mercury, total recoverable Nickel, total recoverable Selenium, total recoverable Thallium, total recoverable Cyanide, total Nitrate as N, dissolved Nitrate/Nitrite as N, dissolve Nitrite as N, dissolved Residue, Filterable (TDS) ©180 MATRIX RESULT MCL QUAL UNITS MDL PQL DW 0.006 U mg/L 0.0002 0.001 DW 0.0266 2.000 mg/L 0.0001 0.0005 DW 0.004 U mg/L 0.0001 0.0005 DW 0.005 U mg/L 0.0001 0.0005 DW 0.0006 0.100 mg/L 0.0001 0.0005 DW 0.0014 1.300 B mg/L 0.0005 0.003 DW 0.0003 0.015 B mg/L 0.0001 0.0005 DW 0.002 U mg/L 0.0002 0.001 DW 0.0020 0.100 mg/L 0.0002 0.001 DW 0.050 U mg/L 0.002 0.008 DW 0.002 U mg/L 0.00005 0.0003 DW 0.200 U mg/L 0.01 0.05 DW 10.000 U mg/L 0.02 0.1 DW 10.000 U mg/L 0.02 0.1 DW 1.000 U mg/L 0.01 0.05 DW 1320 mg/L 10 20 MCL = Maximum Contaminant Level MDL = Method Detection Level PQL = Practical Quantitation Limit, typically 5 times the MDL QUAL U = Analyte was analyzed for but not detected at tyle indicated MDL TDS = 500 mg/L secondary MCL Native Springs Subdivision - Lot 6 CLIENTID LOT 6 LOT 6 LOT 6 LOT 6 LOT 6 LOT 6 LOT 6 LOT6 LOT6 LOT 6 LOT 6 LOT 6 LOT 6 LOT 6 LOT 6 LOT 6 DEPTNAME Metals Analysis Metals Analysis Metals Analysis Metals Analysis Metals Analysis Metals Analysis Metals Analysis Metals Analysis Metals Analysis Metals Analysis Metals Analysis Wet Chemistry Wet Chemistry Wet Chemistry Wet Chemistry Wet Chemistry ANALYTE Antimony, total recoverable Barium, total recoverable Beryllium, total recoverable Cadmium, total recoverable Chromium, total recoverable Copper, total recoverable Lead, total recoverable Mercury, total recoverable Nickel, total recoverable Selenium, total recoverable Thallium, total recoverable Cyanide, total Nitrate as N, dissolved Nitrate/Nitrite as N, dissolve Nitrite as N, dissolved Residue, Filterable (TDS) ©180 MATRIX RESULT MCL QUAL UNITS MDL PQL DW 0.006 U mg/L 0.0002 0.001 DW 0.0204 2.000 mg/L 0.0001 0.0005 DW 0.004 U mg/L 0.0001 0.0005 DW 0.005 U mg/L 0.0001 0.0005 DW 0.0005 0.100 mg/L 0.0001 0.0005 DW 0.0016 1.300 0 mg/L 0.0005 0.003 DW 0.0003 0.015 B mg/L 0.0001 0.0005 DW 0.002 U mg/L 0.0002 0.001 DW 0.0018 0.100 mg/L 0.0002 0.001 DW 0.050 U mg/L 0.002 0.008 DW 0.00007 0.002 B mg/L 0.00005 0.0003 DW 0.200 U mg/L 0.01 0.05 DW 10.000 U mg/L 0.02 0.1 DW 10.000 tJ mg/L 0.02 0.1 DW 0.02 1.000 B mg/L 0.01 0.05 DW 1410 mg/L 10 20 MCL = Maximum Contaminant Level MOL = Method Detection Level PQL = Practical Quantitation Limit, typically 5 times the MDL Qual U = Analyte was analyzed for but not detected at the indicated MDL TDS = 500 mg/L sedondary MCL Native Springs Subdivision - Lot 7 CLIENTID LOT 7 LOT 7 LOT 7 LOT 7 LOT 7 LOT 7 LOT 7 LOT 7 LOT 7 LOT 7 LOT 7 LOT 7 LOT 7 LOT 7 LOT 7 LOT 7 DEPTNAME Metals Analysis Metals Analysis Metals Analysis Metals Analysis Metals Analysis Metals Analysis Metals Analysis Metals Analysis Metals Analysis Metals Analysis Metals Analysis Wet Chemistry Wet Chemistry Wet Chemistry Wet Chemistry Wet Chemistry ANALYTE Antimony, total recoverable Barium, total recoverable Beryllium, total recoverable Cadrnium, total recoverable Chromium, total recoverable Copper, total recoverable Lead, total recoverable Mercury, total recoverable Nickel, total recoverable Selenium, total recoverable Thallium, total recoverable Cyanide, total Nitrate as N, dissolved Nitrate/Nitrite as N, dissolve Nitrite as N, dissolved Residue, Filterable (IDS) @180 MATRIX RESULT MCL DW 0.0005 0.006 DW 0.0183 2.000 DW 0.004 DW 0.005 DW 0.0015 0.100 DW 0.0086 1.300 OW 0.0025 0.015 DW 0.002 DW 0.0073 0.100 DW 0.050 DW 0.002 DW 0.200 DW 0.02 10.000 DW 0.04 10.000 DW 0.02 1.000 DW 1470 MCL = Maximum Contaminant Level MDL Method Detection Level PQL = Practical Quantitation Limit, typically 5 times the MDL Qual U = Analyte was analyzed for but not detected at the indicated MDL TOS = 500 mgfL secondary MCL QUAL B U U U U U U B B B UNITS MDL PQL mg/L 0.0002 0.001 mg/L 0.0001 0.0005 mg/L 0.0001 0.0005 mgfL 0.0001 0.0005 mgfL 0.0001 0.0005 mg/L 0.0005 0.003 mg/L 0.0001 0.0005 mg/L 0.0002 0.001 mg/L 0.0002 0.001 mg/L 0.002 0.008 mg/L 0.00005 0.0003 mg/L 0.01 0.05 mg/L 0.02 0.1 mgIL 0.02 0.1 mg./ 0.01 0.05 mg/L 10 20 Native Springs Subdivision - Lot 8 CLIENTID LOT 8 LOT 8 LOT 8 LOT 8 LOT 8 LOT 8 LOT 8 LOT 8 LOT 8 LOT 8 LOT 8 LOT 8 LOT 8 LOT 8 LOT 8 LOT 8 DEPTNAME Metals Analysis Metals Analysis Metals Analysis Metals Analysis Metals Analysis Metals Analysis Metals Analysis Metals Analysis Metals Analysis Metals Analysis Metals Analysis Wet Chemistry Wet Chemistry Wet Chemistry Wet Chemistry Wet Chemistry ANALYTE Antimony, total recoverable Barium, total recoverable Beryllium, total recoverable Cadmium, total recoverable Chromium, total recoverable Copper, total recoverable Lead, total recoverable Mercury, total recoverable Nickel, total recoverable Selenium, total recoverable Thallium, total recoverable Cyanide, total Nitrate as N, dissolved Nitrate/Nitrite as N, dissolve Nitrite as N, dissolved Residue, Filterable (TDS) @180 MATRIX RESULT MCL QUAL UNITS MDL PQL DW 0.006 U mg/L 0.0002 0.001 OW 0.0175 2.000 mg/L 0.0001 0.0005 DW 0.004 U mg/L 0.0001 0.0005 DW 0.005 U mg/L 0.0001 0,0005 DW 0.0013 0.100 mg/L 0.0001 0.0005 OW 0.003 1.300 B mg/L 0.0005 0.003 DW 0.0004 0.015 B mg/L 0.0001 0.0005 DW 0.002 U mg/L 0.0002 0.001 DW 0.0043 0.100 mg/L 0.0002 0.001 DW 0,050 U mg/L 0.002 0.008 DW 0.002 U mg/L 0.00005 0.0003 DW 0.200 U mg/L 0.01 0.05 DW 0.72 10.000 mg/L 0.02 0.1 DW 0.73 10.000 mg/L 0.02 0.1 DW 0.01 1.000 B mg/L 0.01 0.05 DW 1560 mg/L 10 20 MCL = Maximum Contaminant Level MOL = Method Detection Level PQL = Practical Quantitation Limit, typically 5 times the MDL Qual U = Analyte was analyzed for but not detected at the indicated MDL TOS = 500 mg/L secondary MCL Native Springs Subdivision - Lot 9 CLIENTID LOT 9 LOT 9 LOT 9 LOT 9 LOT 9 LOT 9 LOT 9 LOT 9 LOT 9 LOT 9 LOT 9 LOT 9 LOT 9 LOT 9 LOT 9 LOT 9 DEPTNAME Metals Analysis Metals Analysis Metals Analysis Metals Analysis Metals Analysis Metals Analysis Metals Analysis Metals Analysis Metals Analysis Metals Analysis Metals Analysis Wet Chemistry Wet Chemistry Wet Chemistry Wet Chemistry Wet Chemistry ANALYTE Antimony, total recoverable Barium, total recoverable Beryllium, total recoverable Cadmium, total recoverable Chromium, total recoverable Copper, total recoverable Lead, total recoverable Mercury, total recoverable Nickel, total recoverable Selenium, total recoverable Thallium, total recoverable Cyanide, total Nitrate as N, dissolved Nitrate/Nitrite as N, dissolve Nitrite as N, dissolved Residue, Filterable (TDS) @180 MATRIX RESULT MCL DW 0.0003 0.006 DW 0.0224 2.000 DW 0.004 DW 0.005 DW 0.0012 0.100 DW 0.0042 1.300 DW 0.0025 0.015 DW 0.002 DW 0.0053 0.100 DW 0.050 DW 0.002 DW 0.200 DW 0.42 10.000 DW 0,58 10.000 DW 0.16 1.000 DW 1560 MCL = Maximum Contaminant Level MDL = Method Detection Level PQL = Practical Quantitation Limit, typically 5 times the MDL Qual U = Analyte was analyzed for but not detected at the indicated MDL TDS = 500 mg/L secondary MCL QUAL B u U U U U U UNITS MDL PQL mg/L 0.0002 0.001 mg/L 0.0001 0.0005 mg/L 0.0001 0.0005 mg/L 0.0001 0.0005 mg/L 0.0001 0.0005 mg/L 0.0005 0.003 mg1L 0.0001 0.0005 mgfL 0.0002 0.001 mg/L 0.0002 0.001 mg/L 0.002 0.008 mgfL 0.00005 0.0003 mg/L 0.01 0.05 mg/L 0.02 0.1 mg/L 0.02 0.1 mg/L 0.01 0.05 mg/L 10 20 Native Springs Subdivision - Lot 10 CLIENTID LOT 10 LOT 10 LOT 10 LOT 10 LOT 10 LOT 10 LOT 10 LOT 10 LOT 10 LOT 10 LOT 10 LOT 10 LOT 10 LOT 10 LOT 10 LOT 10 DEPTNAME Metals Analysis Metals Analysis Metals Analysis Metals Analysis Metals Analysis Metals Analysis Metals Analysis Metals Analysis Metals Analysis Metals Analysis. Metals Analysis Wet Chemistry Wet Chemistry Wet Chemistry Wet Chemistry Wet Chemistry ANALYTE Antimony, total recoverable Barium, total recoverable Beryllium, total recoverable Cadmium, total recoverable Chromium, total recoverable Copper, total recoverable Lead, total recoverable Mercury, total recoverable Nickel, total recoverable Selenium, total recoverable Thallium, total recoverable Cyanide, total Nitrate as N, dissolved Nitrate/Nitrite as N, dissolve Nitrite as N, dissolved Residue, Filterable (TDS) @180 MATRIX RESULT MCL DW 0.006 DW 0.0322 2.000 DW 0.004 DW 0.005 DW 0.0021 0.100 DW 0.0062 1.300 DW 0.0031 0.015 DW 0.002 DW 0.0061 0.100 DW 0.050 DW 0.0002 0.002 DW 0.200 DW 0.24 10.000 DW 0.27 10.000 DW 0.03 1.000 DW 1570 MCL = Maximum Contaminant Level MDL = Method Detection Level PQL = Practical Quantitation Limit, typically 5 limes the MDL Qual U = Analyte was analyzed for but not detected at the indicated MDL TDS = 500 mg/L secondary MCL QUAL u u u u u U 8 UNITS MDL PQL mg/L 0.0002 0.001 mg/L 0.0001 0.0005 mg/L 0.0001 0.0005 mg/L 0.0001 0.0005 mgfL 0.0001 0.0005 mg/L 0.0005 0.003 mg1L 0.0001 0.0005 mgfL 0.0002 0.001 mg/L 0.0002 0.001 mg/L 0.002 0.008 mg/L. 0.00005 0.0003 mg/L 0.01 0.05 mg/L 0.02 0.1 mg/L 0.02 0.1 mg/L 0.01 0.05 mg/L 10 20 • • Native Springs Subdivision - Lot 11 CLIENTID LOT 11 LOT 11 LOT 11 LOT 11 LOT 11 LOT 11 LOT 11 LOT 11 LOT 11 LOT 11 LOT 11 LOT 11 LOT 11 LOT 11 LOT 11 LOT 11 DEPTNAME Metals Analysis Metals Analysis Metals Analysis Metals Analysis Metals Analysis Metals Analysis Metals Analysis Metals Analysis Metals Analysis Metals Analysis Metals Analysis Wet Chemistry Wet Chemistry Wet Chemistry Wet Chemistry Wet Chemistry ANALYTE Antimony, total recoverable Barium, total recoverable Beryllium, total recoverable Cadmium, total recoverable Chromium, total recoverable Copper, total recoverable Lead, total recoverable Mercury, total recoverable Nickel, total recoverable Selenium, total recoverable Thallium, total recoverable Cyanide, total Nitrate as N, dissolved Nitrate/Nitrite as N, dissolve Nitrite as N, dissolved Residue, Filterable (TDS) ©180 MATRIX RESULT MCL DW 0.0003 0,006 DW 0.0198 2.000 DW 0.004 DW 0.005 OW 0.0022 0.100 DW 0.0077 1.300 DW 0.0024 0.015 DW 0.002 DW 0.0055 0.100 DW 0.050 DW 0.002 DW 0.200 DW 10.000 DW 0.03 10.000 DW 0.02 1,000 DW 1580 MCL = Maximum Contaminant Level MDL = Method Detection Level PQL = Practical Quantitation Limit, typically 5 times the MDL Quaff U = Analyte was analyzed for but not detected at the indicated MDL TDS = 500 mg/L secondary MCL QUAL B u U u u u U u B B UNITS MDL PCO mg/L 0.0002 0.001 mg/L 0.0001 0.0005 mg/L 0.0001 0.0005 mgIL 0.0001 0.0005 mg/L 0.0001 0.0005 mg/L 0.0005 0.003 mg/L 0.0001 0.0005 mg/L 0.0002 0.001 mg/L 0.0002 0.001 mg/L 0.002 0.008 mg/L 0.00005 0.0003 mg/L 0.01 0.05 mg/L 0.02 0.1 mg/L 0.02 0.1 mgfL 0.01 0.05 mgIL 10 20 0Aheek. LABORATORY & RADI N SERVICES US MAIL 8100 LOWRY BOOL- PO BOX 17123 DENVER, CO 80230 DENVER, CO 80217 WATER BACTERIOL• Ewerwc SAMPLE INFORMATION: ❑ COMMUNITY 0 NONCOMMUNITY ,PRIVATE PWS ID ❑ ROUTINE %pAW ❑ � 0 SPECIAL PURPOSE 0 FINISHEQ IIS ri if e.- SPI --1 r->* rt ], 5 L./�1-1211 MCA YUEMVA CHLORINE RESIDUAL I-1 3SII3es 411Sb 5 plAtyr-r 644eF 0 ADDRESS CITY COUNTY REPEAT FOR THE MONTH OF ORDERED BY: (SAMPLE MAY NOT BE TESTED 1F AL IN RMATiON IS NOT PROVIDED) ) 6 FEE STAMP LAB 106 (07/97) Cd.Pi 4 pYilie J1Y't"5E: (_niC) NAME ADDRESS PHONE o x ,3/ CITY: STATE 1ZiP TEST ORDERED 0 STD SACT. 0 OTHER LABORATORY & RADIATION SERVICES 8100 LOWRY BOULEVARD DENVER, CO 80230-6928 US MAIL PO BOX 17123 DENVER, CO 80217 WATER BACTERIOLOGY �lEw�rws SAMPLE INFORMATION: 0 COMMUNITY 0 NON -COMMUNITY AIVATE ❑ ROUTINE 'RAW 0 REPEAT FOR THE MONTH OF SPECIAL PURPOSE FINISHED PWS ID ���yy' -2) MSL NAME OpYSXEM A f / /JicHLORIN£ RDS Z Jd ADDRESSI.t IV7 CITY COUNTY 25;38 F` B07'03 ..:I q:41 COLLECTED DATE TIME / /'i I ®AM RECEIVED / ` 0 PM RESULTS: SEE REVERSE FOR EXP AT1ON TOTAL COUFORM 0 PRESENT ABSENT MOST PROBABLE NO GOLIFCRMII DOML. 0 DENVER 0 DURANGO ANALYST i5 1SrRD. JCI: f "1d' 22C? TA TS 03 0'( 3: 1 � DATE TIME BY r 7�� ❑ AM COLLECTED 1 /22/ 3 • 1 a ❑ PM ❑ AM RECEIVED ' / 0 PM ORDERED BY: (SAMPLE MAY NOT BE TESTED 1F ALL INFORMAT[ON IS NOT PROVIDED} HONE n 2t. e." -Z4-4/ 4h z -1 c;. 3(u /J, (0 g/(c FEE STAMP LAB 106 (07197) of P.Lk berwisa ADDRESS CITY ; STATEI ZIP TEST ORDERED 0 STD BACT. 0 OTHER LABORATORY & RADIATION SERVICES 8100 LOWRY BOULEVARD DENVER, CO 8023D-6928 US MAIL PO BOX 17123 DENVER, CO 80217 RESULTS: SEE REVERSE FOR EXP TOTAL COUFORM ❑ PRESENT ATION ABSENT MOST PROBABLE NO. - COUFORMV100ML 0 DENVER 0 DU " GO GRD. JCT. ANALYST 72432214-22 WATER BACTERIOLOGY 235 JAN23'03 Pi 2)E SAMPLE INFORMATION: ❑ coMMUNrrY 0 NONCOMMUNITY PRIVATE 0 RAW 0 REPEAT FOR THE MONTH OF PWS ID 0 ROUTINE 0 SPECIAL PURPOSE ❑ FINISHED NAM 1 4 x OF SYSTE, Q. 5 A KESS MCML A f fLORINE RESiDy;ALr� /� f C! COUNTY COLLECTED RECEIVED DATE TIME BY /24(00 AM + p / ❑ PM ORDERED BY: {SAMPLE MAY Nor BE TESTED 1F ALL INFORMATION IS NOT PROVIDED) Vre)ngnl PHONE Syp , (LL-$ . Lam, 'f L(/ NAME f ?o. 63f FEE STAMP LAB 106 (07/97) ADDRESS CITY 7 STATE IP TEST ORDERED 0 STD BACT. 0 OTHER RESULTS: SEE REVERSE FOR EX ATION TOTAL COUFORM 0 PRESENT 1! ABSENT MOST PROBABLE NO DENVER ANALYST COLIFORMr1O0ML dna2Fiid LABORATORY & RADIATION SERVICES 8100 LCWRY 9011 0 DENVER, CO 802 US MAIL PO BOX 17123 DENVER. CO 80217 WATER BACTERI O•Y d� 2537 F7907'03 SAMPLE INFORMATION: ❑ COMMUNITY 0 NON -COMMUNITY 0 -PRIVATE PWS I0 0 ROUTINE RAW ❑ 0 SPECIAL PURPOSE 0 FINISHED J4-tTL v''E Lr,c2R/Ai S zo T 4g,.5-- MCA. NTA0AF SY•S(316 x [] y CHLQRfNE RF.fi4D AL APDRESS CITY C LINTY ORDERED BY: (SAMPLE MAY NOT SE TESTED IF ALINFitoRMATIQN IS NOT PROVIDED) �yy^ PHONE NA 7' X36 +�2 t L+L* t X - )!Cit REPEAT FOR THE MONTH OF FEE STAMP LAB 106 (07197) c26'i ..1IPa,.i.at b dx ‘231 ADDRESS , /G SCS CITY I STATE 1 ZIP 1 TEST ORDERED 0 STD BACT 0 OTHER LABORATORY & RADIATION SERVICES 9100 LOWRY SOULEVARO DENVER, CO 80230-6928 US MAIL PO BOX 17123 DENVER. CO 80217 COLLECTED RECEIVED DATE TIME Z9/10/03 ❑ PM RESULTS: SEE REVERSE FOR EEXPATTON TOTAL COUFORM 0 PRESENT ABSENT MOST PROBABLE NO COUFORMI100ML ❑ DENVEI 0 DURANGO ANALYST GRI. JOT. N WATER BACTERIOLOGY 2356 JAN23103 Fri 3:07 SAMPLE INFORMATION: PW$ 10 0 COMMUNITY 0 NON -COMMUNITY 'C}" R VATE 0 ROUTINE 0 RAW ❑ REPEAT FOR THE MONTH OF 0 SPECIAL PURPOSE 0 FINISHED je1� #.i' ) MGLL Ra-L.f Ceerj HLORINE RBIDUALj` CITY COUNTY NAME OF YSTEM ADORESS .0. b DATE TIME BY AH COLLECTED f /2J/ 7 3)-7 O AM RECEIVED I I- 0 PM ORDERED BY: (SAMPLE MAY NOT BE TESTED IF ALL INFORMATION IS NOT PROVIDED) (970)[C2S—I PHONE NAME f Af--A4 63/ ALTO ESS) % CITY S7AfE i if " FEE STAMP LAB 106 (07/97) Colima* asiEprosamm TEST ORDERED 0 STD BACT 0 OTHER LABORATORY & RADIATION SERVICES 8100 LOWRY BOULEVARD DENVER. CO 90230-6926 US MAIL PO BOX 17123 DENVER. CO 80217 WATER BACTERIOLOGY RESULTS: SEE REVERSE FOR EXPLAN ON TOTAL COUFORM 0 PRESENT ABSENT MOST PROBABLE NO. COUFORMI100ML 0 DENVER 0 •URAN ANALYST GRD. JCT. 2364 J ANL .) 03 PI :0 SAMPLE INFORMATION: 0 COMMUNITY 0 NON -COMMUNITY PRIVATE PWS ID J ROUTINE ❑ SPECIAL P RPOSE ❑RAW A F1NIL NAME OR SYSTEM ADDRESS f7 13C �I �y;r kLORINE RE C}UAL ADDRESS CIry CCSUNTY ORDERED BY: (SAMPLE MAY NOT BE TESTED 1F ALL INFORMATION IS NOT PROV1DEDI (;L7C) 1S , PHONE - 4fX 37 V C REPEAT FOR THE MONTH OF FEE STAMP LAB 108 (07197) ADDRESS CITY JSTATE /ZIP COLLECTED RECEIVED DATE TIME AM BY i/27/0347°M 0AM ❑PM TEST ORDERED 0 STD SACT. ❑ OTHER - RESULTS: SEE REVERSE FOR EXP ATION TOTAL COUFORM 0 PRESENT 1r ABSENT MOST PROBABLE NO LJ DENVER ANALYST CCLIFOR M1100ML GRD JCT. i 4S 7YFF ` LABORATORY & RADIATION SERVICES 81 D0 LOWRY BOULE' DENVER, CO 80230• US MAIL PO BOX 17123 DENVER. CO 80217 WATER BACTERIOL• —Tit &-e6" 2352 JAN2 3'O3 fire 3:00 SAMPLE INFORMATION: 0 COMMUNITY 0 NON -COMMUNITY RIVATE 0 ROUTINE 0 RAW 0 REPEAT FOR THE MONTH OF ❑ SPECIAL PURPOSE 0 FINISHED 242"—,6,,:„6sem, 4 t g mGrL PWS ID NAME O§' YsjgM ADDRNSS Arx f 1 f y CHLORINE RESIDUAL y e/ CO UN �� I DATE TIME 3Y Ara COLLECTED /21/ d3 1 o I 1 0PM RECEIVED ORDERED BY: (SAMPLE MAY NOT BE TESTED IF ALL INFORMATION IS NOT PROVIDED) FEE STAMP LAB 106 (070'97) lEaramsam NAME PHONE eZ .6)1-,d ?g. ADDRESS CITY i STATE ! Z (r) MigD TEST ORDERED 0 STD BACT. 0 OTHER LABORATORY & RADIATION SERVICES US MAIL 8100 LOWRY BOULEVARD PO BOX 17123 DENVER, CO 80230.6923 DENVER, CO 80217 WATER BACTERIOLOGY RESULTS: SEE REVERSE FOR EXPLANATION TOTAL COLIFORM 0 PRESENT ABSENT MOST PROBABLE NO COUPORMII00ML 0 DENVER D RANGO ANALYST �tl GRD. JCT. tl I 6 Ir e 2350 U AN23' 03 Pri 2:57 SAMPLE INFORMATION: 0 COMMUNITY ❑ NON.COMMUNITYPRIVATE 0 ROUTINE 0 RAW 0 REPEAT FOR THE MONTH OF PWS ID 0 SPECIAL PURPOSE ❑ FINISHED LA ft' a SPR 2 Iwt9- 1-07 1 MGiL NAM 5 TEM LORINE RES UAL , D 9 co AD ESS CITY COUNTY ORDERED BY: (SAMPLE MAY NOT BE TESTED IF ALL INFORMATION IS NOT PROVIDED) (9' f 10] L/2j / 5!0? HONE r i_ it.1---4-440 z 2 7 - 2 . , , ii:E_ , -, , , ,. NAME ,, A/'.7- 14° / ADDRESS CITY ! ATE 1 iv TEST ORDERED 0 STD BACT. 0 OTHER FEE STAMP LAB 106 (07/97) Colosi. .J Prrr..sr LABORATORY & RADIATION SERVICES 8100 LOWRY BOULEVARD DENVER, CO 80230-6925 US MAIL PO BOX 17123 DENVER. CO 80217 COLLECTED RECEIVED DATE TIME BY j/Za3 /:, 1 I ❑ AM l7 PM WATER BACTERIOLOGY SAMPLE INFORMATION: 0 COMMUNITY 0 NON -COMMUNITY "(PRIVATE ❑ROUTINE 0 RAW ❑ REPEAT FOR THE MONTH OF 0 SPECIAL PURPO 0 FINISHEDPAWL PWS ID RESULTS: SEE REVERSE FOR EXPATIUN TOTAL COUFORM 0 PRESENT LSE ABSENT MOST PROBABLE NO ❑ DENVER ANALYST COLIFORMJ100ML iLfrLORINE R _IIDUAL CITY COUNTY DATE TIME BY COLLECTED '� RECEIVED 1 I o ORDERED BY: (SAMPLE MAY NOT BE TESTED IF ALL INFORMATI N I OT>V1D 0 c /10 7 LS FEE STAMP LAB 108 (07!97) PHONE- 11,71. c NAME t O. 4e.- 73 I ADDRESS/2 J %I �J rli CITY I STATE I1 IJP r �kt TEST ORDERED 0 STD BACT. ❑ OTHER RESULTS: SEE REVERSE FOR EXPLANATION TOTAL COLIFORM 0 PRESENT ASSENT MOST PROBABLE NO. CULIFORMl100ML ❑ DENVER 0 ANALYST ei Poi= • LABORATORY 3 RADIATION SERVICES 8100 LOWRY BOULEVARD DENVER, CO 80230-6928 US MAIL. PO BOX 17123 DENVER, CO 80217 WATER BACTERIOLOGY waxworks SAMPLE INFORMATION: 0 COMMUNITY 0 NON -COMMUNITY RIVATE 0 ROUTINE 0 RAW 0 REPEAT FOR THE MONTH OF PWS ID NAME OF ADORES �d 2313,5 Js N23'03 GMM 3:O5 ❑ SPECIAL PURPOSE ❑ FINISHED CITY MCJL INCE RE T' e, COUN DATE TIME COLLECTED I ,1 e3 /Aj[❑J p„ ❑ ,IIA / RECEIVED / ❑ PM ORDERED BY: (SAMPLE MAY NOT BE TESTED 1F ALL INFORMATION IS NOT PROVIDED( 7 ' .. /15— FEE 5: FEE STAMP LAS 106 (07/97) PHONE 4-J NAME/) ADO CITY 1 STA / ZIP / TEST ORDERED 0 STD BACT 0 OTHER RESULTS: SEE REVERSE FOR ExPLANAnoN TOTAL COLIFORM 0 PRESENT ABSENT MOST PROBABLE NO CCUFORMIIOOML 0 DENVER ANALYST n GAD JO .i,4 F.O. Box 1908 1005 Cooper Ave. Glenwood Springs, CO 81602 • (970) 945-5700 (970) 945-1253 Fa Z PICAPIEaLA 4140 4SSOCl4TES, ls1C. ENIGINEEilitlIC CONSULS/NTS March 12, 2001 Mr. Mark Bean Garfield County Planning Dept 109 - 8th Street, Suite 303 Glenwood Springs, CO 81601 Re: Native Springs Subdivision Water Supply Dear Mark: MAR - 5 2003 vc r r TAE P.G. Zancanella and Associates, Inc. has completed the groundwater investigations for the proposed Native Springs Subdivision. Information contained in this report covers estimated future domestic water uses, a water supply pian, a summary of the well construction details and results of the pump test on Native Springs Well #2. Water Requirements Table 1, attached, presents the estimated diversions and consumptive use for the proposed Native Springs Subdivision. We have assumed that each of the 22 residences will be occupied by 3.5 people using 100 gallons of water per person per day. Water will be diverted to irrigate up to 500 square feet of lawn at each residence from the domestic system. Additional irrigation water will be supplied from existing raw water sources. Legal Supply As can be seen from Table 1, the subdivision will divert an average 8.94 AF annually, and consumptively use 1.52 AF. The peak month of June would require a continuous- average diversion of 5.9 gpm. The subdivision is located within Area A of the West Divide Water District and is eligible for the District's temporary exchange plan approved by Garfield County and the Colorado Division of Water Resources. A contract from the West Divide District for 9.39 acre feet, including transit losses, has been approved. A copy is attached. Copies are also attached of the well permits for the wells for each of the 11 lots in the proposed subdivision. Physical Supply It is our understanding that the Native Springs Subdivision will be served by individual wells for each lot and will be operated as a non -community water supply system as defined by the Colorado Department of Public Health and Environment. Well Details The Native Springs Well #2 was completed on November 1, 2000 by Shelton Drilling Corporation. The well is located in the NW %A of the NE "A of Section 11, Township 6 • South, Range 93 West of the 6th P.M. The well can be plotted approximately 800 feet from the north section line and 1790 feet from the east section line. The approximate location of the well and the Native Springs boundary are shown on the attached general location map, Figure 1. The well was drilled to a total depth of 73 feet, through the Pleistocene to Recent alluvial and colluvial cover, to the top of the Tertiary Wasatch Formation. Water was encountered., during drilling at approximately 46 feet. The static water level in the Native Springs Well #2 on November 2, 2000 was 25.92 feet below the top of the well casing. The well was constructed with ten feet of slotted steel well screen set at a depth of 60 - 70 feet. At its current static water level there is approximately 34.1 feet (60 feet - 25.9 feet) of available drawdown. The drawdown represents the available drop from the initial static level. The attached Figure 2 has been prepared to illustrate the well construction details. Also attached is the well construction report from Shelton Drilling. Pump Test A pump test was conducted on November 2 and 3, 2000 by Samuelson Pump Company utilizing an electric submersible pump powered by a portable generator. The pump test was conducted at an initial rate of 15 gallons per minute (gpm) and was held at that rate throughout the test, The well was pumped continuously for a 25 hour period at the 15 gpm rate. The drawdown and time data collected during the test are presented in Table 2. We have plotted the results of the test in a drawdown vs. time curve as shown on the attached Figure 3. The maximum drawdown during the 25 -hour test was approximately 13.75 feet. The water level was declining only slightly near the end of the test. The water level remained well above the pump intake during the entire test. Recovery data far the well following the pump test was collected for a sixty minute period after the pumping stopped and was checked again at two later intervals. The recovery data are also summarized in Table 2. The recovery plotted as residual drawdown is shown in Figure 4. Based on the residual drawdown curve, the well displayed normal recovery characteristics. Water Quality Finally, water samples were collected during the pump test and sent to Grand Junction Labs for independent analyses. The lab tests included analyses for Nitrates 1 Nitrites and bacteria, as required by Garfield County. in addition, Phase 11 and V inorganic were performed. Copies of the lab results, on state forms, are attached. All the inorganic elements and the Nitrate / Nitrite results were below the Maximum Contaminant Levels (MCLs), as established by the Colorado Department of Public Health and Environment. The result of the bacteria test shows that no coliform bacteria were present in the sample. Conclusions It is our opinion that Native Springs Well #2 demonstrates that the well will be able to provide an adequate water supply for Lot #2. Figure 5 shows the topographic map of the area of the proposed subdivision overlain by a portion of the Preliminary Geologic Map of Page 2 • • the Silt Quadrangle (Shroba, Fairer and Morris, 1994, U. S. G. S. Open File Report 94- 696). It can be seen that, in general, the same geologic formations underlie the entire Native Springs Subdivision_ The Tertiary Wasatch Formation (Tw) is the basal unit with the Quaternary alluvial and colluvial deposits (Qac) occurring above. The Qac deposits form the primary aquifer in this environment. There is some influence from the Quaternary sheet wash deposits (Qsw) being shed off the bluff to the northwest of the subdivision, however it is believed that these deposits would not substantially alter the aquifer characteristics. It is reasonable to assume that otherwells drilled within the Native Springs Subdivision would have properties similar to Well #2 and that an adequate water supply will be available for the other lots in the proposed subdivision. If you have any questions, please feel free to contact our office at 945-5700. Very truly yours, Zancanella and Associates, Inc. Thomas A. Zancanella, P. E. Bradley C. Re-e/c, Geologist Attachments cc: Paul and Jim Luginbuhl N:120000120722 Native Springs Sub2Bean-WaterRept.wpd Page 3 Table 4 Native Springs Subdivision 11 Lots, 11 AlDUs Estimated Water Requirements Water Use Inputs .-- lt. .. .gly,tic'ullrkN.+. .'l(il'it4i:' '.fin414'4,6gi>a_:, .,.._.. j}i• _.t,L. - _ r I. ..,.a ,.. 11 of Residences 22.0 units # 9f Commercial Units 0.0 Pond Surface Area 0 acres 4 persons/residence 3.5 cap/unit 4 personslunil 0.0 Annual Net Evaporation 2.74 ft 4 gallons/person/clay 100 gpcd q gallons/person/day 100 gpcd Livestock 0 units Percent Censured 15% Percent Consumed 15% Livestock Consumption 15 gpud Lawn Irrigation 500 sq-ftllol Lawn Irrigation 0 sq-fi/unit irrigated Open Space 0 acres Application Efficiency 70% Application Efficiency 70% Application Efficiency 70% PTV brig regmnt (clfq. -- 2.17 ft .. .. .... Crop brig regmnt (co.),. -_ 2-17 ff... .. Cr2EIrricg regmnt (CIR) . -- 2.17 ft Water Use Calculations - .. "t � :.�;},i , ►i y Pl :nlprl RlRs'Jrvlira t ,.`4, a ^r . i -;f • , Pollute (1) (2) (9l 141 (5) (4) (Tl (4) 191 (IQ) (11) (12) (13) (f4) Domestic Conenarclat IDoinlCo nm Pond Live- Average Domestic Conunerclal DomlComm Pond Lisa- Avenge ln•house Inhouse Irrigation Ewalt :tact Total Flow In-house In-house Irrigation Eva)]. stock Total Flour (ac•rt) (ac -B) (ac -rt) (ac -rt) (ac -rt) (sett) Wpm) (ac•n) (sett) )ac -fly (ac -n) (ac-tt) (ac-tt) (gpm) January 0.73 0 0 0.00 0.00 0.00 0.73 5.3 0.11 February 066 0.00 0.00 0.00 0.00 0.66 5.3 0.10 March 0.73 0.00 0.00 0.00 0.00 0.73 5.3 0.11 April 0.71 000 0.01 000 ' 000 0.72 5.4 0.11 May 0.73 0.00 0.06 0.00 0.00 0.80 5.8 0.11 June 0.71 0.00 0.08 0.00 0.00 0.79 5.9 0.11 July 0.73 0.00 0.07 0.00 0.00 0.81 5.9 0.11 August 0 73 0 00 0.05 0.00 0.00 0 79 5.7 0.11 September 0.71 0.00 0.04 0.00 i 0.00 0.75 5.7 0.11 October 0 7 0.00 0.00 0 00 0.00 0.73 5.4 0.11 November 0.71 0.00 0.00 0 00 0 00 0.71 5.3 0 11 December 0.73 0 00 0.00 0 00 0.00 0.73 5.3 0.11 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.01 0.04 0.05 0.05 0.04 0.03 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0 00 0.00 0.00 0,00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.11 0.10 0.11 0.11 0.15 0.16 0.16 0.15 0.14 0.11 0.11 0.11 0.8 0.8 0.8 0.8 1.1 1.2 1.2 1.1 1.0 0.8 0.8 0.8 Annual A $-$? 0.00 .-. 0.32 o=aa o.o© 8 9 ....._ 6:64 _ . 1.29 0.00 - 0_22_ eau - oAD 1,62 0:94 - 24. 2alla Lux -Intik 4 Araoc 1.4 Wats I4nourr.., En9dn,.re cl..>»ncd 4w'. co J0411 20123 rqus. 123 Days in Month 30 31 30 31 31 30 31 Location: Rifle, Colorado Airport Elevation: 5500 Feet Latitude: 39 Degrees North BLANEY - CRIDDLE CONSUMPTIVE USE CALCULATIONS (1) (2) (3) (4) (5) (6) Mean Temp Month Days (F) % of Mon. Daylight Hours Apel 14 46.7 4.16 May 31 55.4 995 June 30 64.1 10.03 July 31 70 5 10 16 Au9usl 3i 60.5 9 5 Seµleul6ea 30 59 8 8 38 October .. -- . _. 16 468 4.02 Totals 183 Rays 22.64% 5.33 4.66 Cons. Use Coeff. Cons. Use Total Ppt. (in.) Total Precip. (in.) (7) (8) Effective Precip. (in.) Excess Precip. (in.) (9) (10) Cons. Use (in.) Net Irrig. Required (in.) (ft.) Monthly ET 0 850 1.65 0.95 0.67 0 26 1.37 0 70 006 2.6996 1.124 1,129 0 971 0.819 0929 0.790 6.20 1.06096 - -^ 0.91 0,10 6.09 5.14 0.43 19.73% 7.26 095 1 01 1.05 1.19 004 7.22 6.31 0.53 24.23% 6 96 0 95 0.90 098 006 0 15 021 8.90 5 95 4 28 0,50 22.64% 5.33 4.66 5.18 4.45 0.36 16.44% 3.47 029 ' 13 31% 155 135 0-93 0.42 1.13 0.20 0.02 0.76% 7.56 6.29 0.52 1.27 32.33 26 03 26.03 inches 0.63 0.11 2 69 2.11 2.17 feet (1) Total Growing Season (April 15 - October 15) (2) Rifle Weather Stations (3) 39 Degrees Latitude adjusted for (1) (4) Derived from Agricultural Research Services Report "Water Uses by Native Grasses in High Altitude Colorado Meadows." (5) Blaney-Criddle Consumptive Use, Columns (2)13)'(4)/100 (6) Rifle Weather Stations (7) SCS Technical Release #21, September 1970 Based on a Net Depth of App. r . 7.00 (8) Precipitation Unavailable to Vegetation, Columns (6)-(7) (9) Consumptive Use adjusted for Effective Precipitation Columns (5)-(8) (10) Consumptive Use minus Effective Precipitation, Columns (9)-(7) inches RO 11110 00 Scale in Fet PROJECT LOCATION MAP 3CAIM SCALE I" wort mum{ Fri: BCP MEM D. 7. 2000 1 07 1 OECD ECE TAZ PP.]) BY: TAZ PLAN NO. INTWairtEspailme NATIVE SPRINGS SUBDIVISION ZANCANELLA AM9 SSOCA JF5, /AC Z7V6VVEDP4416' CalliStA JAWS PINT alFFICIE Mit - reign CLICPER MOM= IRMO% CCRAMEO MIMIC (171e ilee-agge FIGURE NO. PROJECT: 207'22 GROUND LEVEL. • CLAYS, SANDS GRAVELS, SANDS VASATCH FORMATION TOTAL IIEP'TH 73' NATIVE SPRINGS WELL #2 DETAIL 10- 20- 40- 50-1 60- 70-1 • CEMENT 10' TO 24' 0' TO 73' 9' DIA. HOLE STATIC WATER LEVEL 25.92' ON NOVEMBER 2, 2000 —1' TO 60' 7' Q.D. PLAIN STEEL 0.240' WALL CSG 60' TO 70' 7' Q.D. SLOTTED STEEL SCREEN 0240.: WALL- - THICKNESS NATIVE SPRINGS STJBDIVISION TABLE 2 • Pump Test Data Weil ID: Native Sprints Well o2 Job No.: 20722 Q = 15 gpm Client: Native Springs r = ti Test By: Samuelson S.W.L. = 25.92 ft Analysis By: BCP b = ft TitnelDate on: 11/2100 11;30 AM M.P. Time/Date off: 11/3/00 1:05 PM projected Test Length: 25:35:00 total time REAL TIME 11/2/00 11:30 AM 11/2/00 11:31 AM Time W.L. Measurement Drawdown - Q t' (minutes) (feet) (feet) (gpm) (minutes) 25.92 SWL 11/2/00 1 1:32 AM 11/2/00 11;34 AM 11/2/00 11:35 AM 11/2/00 11:36 AM 11/2/00 11:38 AM 11/2/00 11:40 A.N 11//00 11:45 AM 0 I 28.29 2.37 20 2 2.85 12.5 4 6 10 15 11/2/00 11:50 AM 20 11/2/00 12:00 PM 30 1112/00 12:10 PM 40 11/2/00 12:20 PM 50 11/2/00 12:30 PM 60 11/2/00 1:30 PM 120 I 1/2/00 2:30 PM 1/2/00 3:30 PM 0 240 11/2/00 4:00 PM 11/2/00 11:00 PM 11/3/00 1:05 PM 11/3/00 1:06 P 11/3/00 1:07 PM 11/3/00 1:08 PM 11/3/00 I:09 PM 270 690 153 1536 1537 538 539 11/3/00 1:10 PM 1540 1//00 1:13 PM 1543 11/3/00 1:17 PM 1 1/3/00.1-20 PM 1 1/3/00 1:25 PM 11/3/00 1::36 PM 1547 1550 1555 28.77 29.62 30.58 31.25 32.67 tit' 3.70 15 4.66 15 5.33 l5 6.75 15 26.38 26.32 26.26 0 0 11/3/00 1:45 PM 11/3/00 I:55 PM 1/3/00 2:05 PM 1566 11/3/00 6:30 PM 11/4/00 12:00 PM 1575 1585 1595 26.19 0.77 0 26.18 26.15 0.26 0 0.23 0 1860 2910 26.10 0.18 0 26.08 0.16 26.02 0.10 0 12 15 20 31 40 50 60 325 129 103 78 51 39 32 27 ti 1375 12/8/00 Zancanella & Assocates. Inc. We142RemgTest r 10 15 20 25 30 35 40 45 50 55 60 65 70 1 Figure 3 Native Springs Well #2 25 Hour Pumping Test on 11/2/00 - 11/3/00 Time (nein) 10 100 1,000 �Q = 15 gpm throughout test `Static Water level = 2592 ft Pump set at 62'. ,Well TO = 70 ft 10,000 —n • s I I Day 1 pay 3 ; Day 2 l Day 5 100,000 1,000,000 Day 10 • 1 1 Figure 4 Native Springs Well #2 Recovery as Residual Drawdown 10 60 70 !I I Recovery fallowing pt nap test 11/2/00 - 11/3100. 'I t/t' 12151070 Zancannlia & Assaclates, Inc.. W& 2PumpTest R93W 54 4A7- 1 WC PO 8t7 Jr. A LR ti UM 1 :Ler— 1ST m. y{ f ii [A LIQ r - - Qac 1 ,-- 1 : Trailer , Par - . 5,.34P tz A GEOLOGIC MAP SCAT;; OCALi 1' 1000 Da3. u. Zoad Sla 1. OF 1 Scale is Peet 11RLJN > CM BY:1ATPD lir: PLN NO. TAZ 7Az NA:riv ; SPRINGS SUBDIVISION AWCAA JLA A40V .4=1.241 ? 44C arc ern MST —-mar,,..— csamir.M— T6S MGU NO. REV 155 //Z9/J91 • C bract #000906PSL(a) Map #355 Date Activated 09/06/OC WEST DIVIDE WAI.JIR CONSERVANCY DISTRICT WATER ALLCT1" CCNT2AC / LEASE tiaras of Acpiiamt: Paul 3. Luginnuhi and Jit 3. Lurgi' ibuh- 9.39 Duantit% of Water in Acre feet: Applicant. hereby appiies to the West: Divide Water Conservancy District. a political subdivision of the State of Colorado. organized pursuant to and existing by virtue of C.R.S. 1973. 337-45-1O1. et seq.. thereinafter referred to as she 'Distric't') for an allotment contract/Tease to beneficially and cerpecuafly use'iater ar,,water rignts owned, leased. or hereafter acquired by the District_ 3y execetirxn of this contract/lease and the attacned application. Applicant herefy agrees to the following terms ana rresit:cns: L. Water giaftti Applicant snail own ,Hater rights at the point of riiversion herein lawfully entitling Applicant to divert "meter. +dli c'i Ki 1 i be supplemented and augmented by water !eased herein. If Applicant intends to divert through a 'He 11. it must ce uncerstaod by Applicant that no ri qnt to divert exists until a valid e i 1 perei t i s obtained from the Coioradb Division of Water 4e aur :s. Z. Banti t:'/ • .tater applied for by the App i i cant t n `tie amount set forth active sha 1 l be di verred 3E 4oplicant`s point of diversion friar the District's direct flaw "water rights, and 'pateris unavailable for diversion pursuant to aaainistration by the Coior'aop State Engineer during periods '.men said direct flow water right is not in priority. the District snail release for the use or Applicant un to said quantity in ac.re feet per year of storage Nater awned ar COMM led by the District. rt s t#nperstoad that any quantity a l l orted from ai nett flow, storage ar otherwise. t0 tie Applicant by the District will be limited by the priority or the District's decrees and by tie physical ana legal availaniiity of grater from District's sources. .any cuantity allotted w01il1 only ce provides so tong as Hater is avaiTabie and the Applicant ,`u 1 i y cow i i es '+6i th ail of tate and conditions or this mritractilease. The District ana tie .asap l i cant recognize that some of the District's fmcrees may be in the name of the Ca l or-adta River Water Conservation District. and ttie ability of the District to allot :tires': flaw r' Cot to cti .app 1 i cant nay be ceoendent on the consent or the Co 1 orado River "4ater Conserlati can District. i[f at any t i die the ,App i i cant determines it earl res 'less waiter than the amount herein provided. App 1 i cant may -so notify the District in Kr ting, and the amount of :rater ai1atted under this contract/lease shall be reduced permanently in ac=rdance '4i al sus i riot. C.. Rates :nail ce eaiusted accordingly in fallowing water years only. 2. ficial rise inn Location far eenefi ci a Use: Any and all rater a l l ot". ed Applicant by the Distr.! vna i 1 oe used for the .`o 11 on.i ng benefi ci a i use or uses: irun i c. pa l . domestic and related uses. ar rzim erci a l (excebc ro the 3xtertc that 'Ruedi Reser»oi r '.+cater may hat ie available far =Thermal as that term f s defined on Page 5 or Contract. No. Z -+777- 'O-40547 between r.'ie United States and the 'flew' Divide 'dater Conservancy 1i stri ct) . Applicant's beef' ci a i use or any ana a i I `Hater a i 1 abed sna i 1 be '.ri thin or .1rougn f act 1 i ti es or mon i and (twee . 1 eased. opera tad. ar under .k0p i i cant' 5 antras t . Deeraes 3nc "e1iver^' Exchange releases :rade by the District out of storage .'rpt Rueai Reservoir and Dre°rr mountain n Reser/ol r. or other Works or faci 1 i ties of the District. or from other sources avai i ao le to the Oi stric t. snail de deiivereo to the Applicant at the outlet .mores of said strange facilities or at the decreed paint of diversion for said other sources. and release or delivery of water ac suai outlet ar ao1nts snail =naziLuce Performance of the District's total i i ga t i on. Delivery of eater by the District from Ruedi zeserfc i r ar Green Mounts i n Reserra i r snail ve sie e` -t .3 the District's lease contracts 'with Zie United :states Bureau of Reclamation. Releases from other facilites avai1ami1e to L District hereby expressly reserves tale right. co store water and to make exchange releases .ram structures that may be built or controlled by the District in utsre. so long as the water service to Applicant pursuant to this agreement. is not impaired by said action. Any c ntity of the Applicant's allocation not Wered to ar used by Applicant by the end of each water year (October 1). shall revert to the water supplies of the District. Sure reversion shall not entitle Applicant to any refund of payment :Rade for such water. water service provroea by the District stall be limited to the amount of water available in priority at the original paint of diversion of the District's applicable water rignt. and neither the District. nor those entitled to utilize :he District's decrees. may call an any greater amount at new or alternate points of diversion. The District shall request the Colorado Division of 'dater Resources to estimate any conveyance losses between the original point and any alternate paint. and succi estimate shall be deauct2d from this amount irr each case. 5. Alternate Feint of Diversion and Ilan of zl.x ntatton: ides for alternate points of diversion of the District's ;hater rights or storage grater may be required in artier for Applicant to use thewater service contemplated hereunder. Obtaining sucr decree is the exclusive responsibility of Applicant. The District reserves the right to review and approve any conditions whim may be attacrea to judicial approval of said alternate point of diversion as contemplated ar necessary to serve Applicant's facilities or lands. Applicant ac nQwiedges and agrees that it shall be solely responsible for the procedures and legal engineering costs necessary ror any changes in water rights carrtemplatea herein. and further agrees to inaemnify the District fres any costs ar lasses related thereto. Applicant is solely responsible for providing wants and Facilities necessary to obta i nidi vert the waters at said a l ternate }point of diversion and deliver them to Aopllcant's intended beneficial use. Irrespective of the amount of water actually transferred to the Applicant's paint of diversion. the Applicant shall make annuli payments to the District based upon the amount of ,dater allotted under this contract/lease. In the event tee Applicant intends to apply for an alternate point of diversion ana to develop an augmentation plan and institute legal praceeaings for the approval of such augmentation plan to allow the Applicant to utilize the water allotted to Applicant hereunder. the Applicant shall give the 01strict tritten notice of suci intent. In the event the Ape i 1 cant develops and aajudicates its own augmeetati on plan to utilize the water al l ottted hereunder. Applicant shall not be aoligated to pay any amount seder Paragraph 19 belawr. In any event. the District shall have the right to approve or disapprove the .Applicant's auglaentatian plan anti the Aooi.icant snail provide Pee District copies of sucl plan ana of ail pleadings and other papers (ilea Kith the water court in the adjunicatian thereof. a. Ccntr c oea;e 3iyment: 'ion-refunaaDie. one time administrative ctarCe. in the amount aetermned by the aoaro or Directors of the District from tIIe `o time. stall be suomitt.ed'aith the application for consideration oy tete District. Annual payment for e`te eater seance described herein snail be cetermined by tate awe of Directors of the District. The initial annual payment snail be maae in full. within thirty can days after tate nate of notice to the Applicant that the initial payment is aue. Said notice will advise the Applicant. anonq tier thingsof the stater delivery year :a wnicn the initiai payment snail .apply and the price whim is applicable to t1iat ,sear. Annual payments for each year t iereafter shall be due and ]aya&ie ty the Applicant :n or before each January I. :f an annual payment is not mace by the due date a flat s50 late fee will be assessed. 7inal written notice prior to cancellation w111 be sent certified mail, return receipt requested. to the Applicant at such aadress as may be designates. ay the AppIicant in writing or set Perth :n this contract/lease or wept1rattan. .rater ise for any part of a water fear snail require payment for the entire water fear. Nothing iereln shall be construed so is to prevent the Distract from adlust'ng the annual rate in its sale discretion ror future ;ears only. If payment is not lace within fifteen (15) days after the date of seta written notice. Applicant shall at District's sole option nave no lurs.ner right. title dr interest under this ctntract lease without further notice. and fief ivery 2 at the discretion of the Beard of Director. the District. Upcn cancellaticillteis water allotment contract/lease will, District. the District shall notify the Division of 'pater Reenur es offices in Aver and Glenwood Springs. The Division of Water Resources may then order cessation of a11.'.+ater use. 7. #dpi Iona l = ees Ind ?'.os ts: Applicant agrees .a defray any expenses incurred by the District in c;nnecr:an with the.illo>anenc of water rigntrs hereunder. including. but not liraitea to. reimpurseeent of legal and engineering casts incurred in onnec on with any eater rignts and adjudication necessary to allow Acplic3nt's use of such allotted eater rights. 3. ass i ament: This entraczI1ease sha i 1 inure to the benefit of the tiei rs. successors or assigns of the parties hereto. Any assignment of the Applicant's ri gnts under this contracti 1 ease sraa 1 l be setjece to. and must corral y with. such reete rements as the Disttricr may hereafter adopt regartding assignment of contract/lease rights and the asstmation of contrac :lease oniigat;ans by assignees and successors. Nothing herein shall prevent suc^..ssors to a portion of rhinoiicant's property from applying .a Che District for inaividual and separate allotment=tracts/leases. No assignment snail be recognized by the District ex at Gaon completion and filing of proper farms far cnange of ownership. Upon the sale of the real property to wrii cr this ntract/1 ease perti ns. A 1pl i cant has a duty to maze buyer aware of this contr3ct:lease and Groper forms for change of ownership must be completed. 9. Other 7u 1 es ` ,pop i i cant snail be 'bound by the or'ovi si ons of the dater Censer/ancy Ac` of Colorado: by the rules and regulations ar tthe 3oara of Di r^e► tars of the District: and ail amenarcerts *.hereof and supe i eluents thereto and by ail other applic3tale law. 10. Operation =not "aintenarrce Agreement: Acpi i cane snail enter into an `'.'aeras ion anti Maintenantw Agreemeer with the District uncer terms and condi t; ons determined by the board of Directors of the District. If and write. the Mare of said District determines in its sole di screc; on that sum an agrement is +qui red. Said agree ent may cantai n. but snail not be l i mi tea to. provisions for additional annual zcnetary c7nsi der'ati cn far extension of District de r i very services ana for additional adm1n1Stretion. aoeratian. and +1Ilainteriance costs: ar for other am= to the District ,hien may arise terougn services :lace ava 1 1 ap i e+ a a e .op l i Dint. 1T. Oeancie of 'lse: The Districe reserves le exclusive rignt .a review. reapprove ar aisaaprove any ordaased cnange ii use of :he eater i i f or waa 'ler .irwer. Any ese other flan that set 'crtf neve n or any :ease or sale ar :he 'nater 3r eater riga= allot=ed nereeener without tee prior written approval of the District snail be ceemee :a De 3 .irateriai bread of this contract/lease. 1Z. USe_ind Ira of '.se- Aooi icent agrees to Esse a'".e'xater n ;.'1e earner ina on the 7racerty described in t e CCements supmi ttea el the District at t,`:2 : ; rite "til S ' oncract 1 ease is execetea. or :n any ".per3i i on` and Ria i ntenance igraement 3rov1 a by aooi i Cant. Any use ocher than as set farts tiler en or any ' ease ar sa ie of .ne eater or 'Ater rim=ierern. other ;man as permit:2c 'n garagraan 3 -move. snail Pe +fid to be a aater'ai broads of this agreement. 13, ''. ?' t Is uncereecod and agreee Mat nothing herein Sana 1 l be i nteroreted `a give the .Aoo i i cent any epuitapie cr legal fee title interest 'n or ro any 'nater or' water rights referred to ?terein. 14, cunSerrat onoo i i cant mall use ren i y acceteeeleenservationoracelmswitn respect :e ct a '•a ter and eater r ignts herein. and her~eoy agrees .a be boom by any conservation plan adapted ;ierearter by the District for use of Oi seri cr owned ar cantro l 1 ee eater or .nater ri gnts . LS. R r' a ons : :op i i c3nc snail restr'. cC. acua I divers ;ons `a ,int axmed ':1e extract/Lease anmunt. Wei ci provides water (on tie armrsia of one acre .'pot per l 1 i nq) for orb'i marl nouseno i d purposes i nsi ce one single fame 1,+ 3 J garden. Applicant shall a l ^ma 1 y with all restri cti ens and i i mi tati aSt forth in the well permit obtained from the Colorado Division of ;dater Resources. Watering of i i vestock shall be restricted to Applicant's domestic animals not to be used for c.orinerci a I purposes unless Applicant obtains approval from the Colorado Division of Water Resources for commercial use/livestock watering at a 'hove boarding facility, provided that in no event snail actual diversions exceed the amount of water provided by this Contract/Lease. Violation of this paragraph IS shall be deemed to be a material breach of this Contract/Lease. Ib. well Permit: tf Applicant intends to divert through a well. then Applicant ,mast provide to District a Copy of Applicant's va 1 i d well permit before District is obligated to de 1 i ver any ;rater hereunder. 17. measuring] Cevice or meter- Applicant agrees to provide. at its awn expense. a Iota i izi ng flowmeter with remote readout to continuous 1 y and accurate i y measure at a i 1 times ail eater diverted pursuant to the terms of Applicant's water right and the terms of this contract/lease. ,applicant agrees to provide accurate readings from such device or meter to Di stri c upon Oi sr.: i c_ s request. Applicant iuw i eats that failure to m eai y with this paragrann could resui t in legal action to terminate. Apo l i cant - s diversion of ',rater by the State of Co i orado Oi vi si on of 'dater Resources. 3y signing this contract., applicant hereoy specifica€ly allows District. througn its authorized agent. to enter upon applicant's property during ordinary business hour's for the purposes of determining applicant's actual use of 'water.. 18. Representations: Sy execut'ng this contract/lease. Aopiicant agrees that it is not relying on any legal or engineering advice that Applicant may believe has been received from the District. Applicant further acknowledges that it has ootai ned ail necessary 1 ega i and engineering advice from Applicant's arra sources other than the District. Applicant further acknowledges that `he Ois'tri t makes no guarantees. warranties. or assurances 7Aharsoever about the quantity or qua i i ty of eater available pursuant to this coontract! l ease. Shou t d the District be una0l a to provide the water contracted for herein. na damages nay Pe assesses against the District. nor may ,Applicant obtain a refund from the District. ?g. Costs of 'water '.our�� 11na 3nrr aiomentation Dian: Should the District. in its own discretion. choose to i ne i use Applicant's contract/ 1 ease herein in a water court filing for a i ternate point of diversion or plan of augmentation. then Aopl i cent her*oy agrees to pay to the District. glen assessed. an additional fee representing the District's actaa1 ana reasanapie costs and fees for applicant's snare of the prar,edings. ;applicant shall be assessed a aro- rata snare of the total Oast i ncmr^ed by the District in preoar' ng. fi 1 i ng and pursuing to decree the seater court case. The pro -rata share shall be calculated by dividing sumo total est .3y the outer ar contractees/lessees included in the filling. To the extent that the District.' is c3usei additional costs oec3use of ooplection filed specifically rue to the inclusion of Applicant's contract/ l ease ' n the filing. such addi ti ona i cast.: may ce coargea steci fi ca l l y to Aop 1 i cant and not snared an 3 pro -rata basis by all cantracc..aesllessees. Cg . Bi ndi ro=aree•nent: This agreelient sna l i not be complete nor binding upon the District unless attached hereto 7S the torsi ent : tl ea 'App I i cat i an ana Data Form to Lease Water =mat West Divide Water Conser tancf District" 711171 caro l eteo by rap I i cant ono approved by the District's enol neer. Said a tacnments snail by this reference thereto be incorporated into rhe terms of this agreement. All corresoonoence rim the District to ,applicant referring to or relating a this agreement is by this reverence incorporated por'ated into this agr4ement 'ss "urtner terms and condi tions of t.ii s agr rt. - Warnino, :T 1S THE SOLE RESPONSIBILITY OF THE APPLICANT TO 08TAIN A VALID WELL ?SIT OR OTHER WATER RIGHT IN ORDER TO OIVRT WATER. INCLUDING THE WATER ACQUIRED UNDER THIS CONTRACT/LEASE. IT 1.S THE =H1 -MING DITTY OF HE APPLICANT TO MAINTAIN THE VALIDITY OF THE WELL PRM CR WATER RIGHT INCLUDING FILING FOR ELISIONS OF ?Ea14ITS. PILING WELL Ct4PLETTON REPORTS. FILING nATE1EIITS OF 3ENE TCIAL USE. OR OTHERWISE LAWFULLY APPLYING THE WATER TO BENEFICIAL USE '7N A REGULAR BASIS WITHOUT WASTE. t. 27. AR* rr APR LaliT'S WELL OR SIR mri IQU Ur Es DE siajEcr QF THis crotT'RACtil EASE FS LOCATEI CUTSIDE .ARE4 a• kS DESICCATED av T.€OtS1kiC, !INN nirS PuArdom APPLIES: THE AuorrATION wAluz AttlVICELI tni-RuiLIXIRACI mAY (20 Y PINI7Cr APPLICANT'S WATER RICHr 104 A CAI 014 ritE COLOR= MR Niti xAt NOT Mi3TECT APPLICANT Rai A CILL FIMI MY RIVER LEtIOR Riaa. ND itP*5424ThTTD4 011431W1IEW n -IF DISTRIc;. HIS 1 (314Ciiiii ;0 APP? iC.1)11. cowrot5/7 my RE RESCINOED PON WRITTEN tiefla-- RE3 Fa APPI.:CAT WITHIR IRE EC •1 AS FOLLOWDIC TI4E AFIX= svAmix1•5rN III1S cONTRACT/UASE ti WHICH OIENT ALL SIMS PAID 3Y APPLICANT -o ii C.212.AC;iLLASf VALI RV 0114FIIINTEy REFINE) TO ApFuoviT :MI I omit. /",,tGX / =CRAW tS. 3 =WY WruaRF raa ti The forpgrying l'r*rtarent, was acrhowiedged before rne en thij day or . ,p • tress my Nand ail official sea'''. f=niiSsion emirr_s. Nim ORDER Pla:111c • After a marina Oy Martir TirectOrS of the We Civeo ,,Later Camervancy OlsLrct n tte it. t hornay ORDERED that aid awl-mat:al be ranted dna tnis =tract/lease shell and is accened ty the District wf5t INVIDE Are CASERVARCI NSTRICr 3y 00 Pe, i/Pmesit*ht. JJ ,6 7c o Secriatary k 7hiS contramlease includes anUts UDJto the term OKI conditions tailvwthq ameumenra moicn 7TUSE aCtorilany trOS contract/lease: 2O' if olversion (use rim cravineo) ". Aopiicstinn Ind Dat3 Fors fUilz =dieted dnd siOnec J. 5 WELL CONSTRUCT410 AND TEST REPORT STATE QF COLORADO, OFFICE OF THE STATE ENGINEER A TT -A' WELL PERMIT NUMBER 20867O Owner Name(s) : Native Springs Sub. Mailing Address : % 7_ancanella & Assoc. P013 1908 City, St. Zip : Gieriwoc7d Spnngs, Co. 81602 .- Phone (970) 945-5700 ALL LOCATION AS DRILLED: NW 1/4 NE 1/4 Sec. 11 Twp. 065 Range 93W DISTANCES FROM SEC. LINES: 800 ft. from North Sec. line. and 1600 ft. From East Sec. line. OR SUBDIVISION : --STREET ADDRESS AT WELL LOCATION : LOT BLOCK FILING(UNIT) GROUND SURFACE ELEVATION ft. DRILLING METHOD Air Rotary DATE COMPLETED 11/01100 TOTAL DEPTH 73 ft. DEPTH COMPLETED 73 ft. GEOLOGIC LOG : 6. HOLE DIAN. [in) FROM (Rl Depen Type of Matensa (Size. Calor, and Type) 9.0 TO On 0 I 73 1OW:048 Clays, Sands 70 Gravets, Sands G O 073 Wasatch Formation 7. PLAIN CASING co tiro 1 7.0 Kind vv i size From (m Steel 0.240 -1 To (ft) 60 PERF CASING : Screen Slot Size : 7-0 Steel 240 70 WATER LOCATED : 46 - 70 REMARKS--: - - 8, Filter Pace Material : Sizs. Interval : 9. Psdcer acement Type : Depth 10. GROUTING- RECORD Amount 1 Dormer Infaiva{ cement 3s 16 gal 10-24 P t1:DISlNFECTICN : Type : HTH VWELL TEST DATA : (l Ctledc Box if Test Data is Submittea On Supplemental Form. ..TESTING METHOD : Air Compressor Static Level : 24 I3. DatelTim a Measured : 11/0112000 Pumping Level : Total ft Date/Time Measured : 11/01i2000 ReinarkS I Now noel the !Monis eras mom ekr ow a+., mrAAi remit •ne •FM' os.r BON ma m +nr '. ICY to 24-440 { 131W CAL en mown of lea* care mos "oe P•Ma'r as ear am221w eq.e Wel • vprrr• Ma m. t ieraewwearw+.1 Ci[ONTRACTOR : Shelton Drill. Corp. Phone : (970) 927-4182 ass • 12 0 Bax 1059 9asalt- C Nome 1 Title (Please Type or Print) S"a amine Shelter' / President Amt Used : Production Rate : Test Length 15 gpm- 2 hrs. r 12/05/00 Caro Department of Public Health andaironment Compliance Monitoring & Data Management Unit REPORTING FORM FOR PHASE 11,V INORGANIC ANALYSES SAMPLER: FILL OUT ONE FORM - FOR .EACI-j INDIVIDUAL SOURCE/PLANT or COMPOSITE SET YES ( 1 or NO ( j THESE RESULTS ARE TO BE USED TO FULFILL STATE SAMPLING REQUIREMENTS :xs: PLEASE SEE INSTRUCTIONS AND EXAMPLES ON THE BACK OF THIS FORM ;*** .^ i1 PWSID #: COUNTY: DATE COLLECTED: / Garr 1 11 / /00 SYSTEM/ESTABLISHMENT NAME: I`lctt i'✓F= Spr i +-las SUbdi ori si an 1 SYSTEM ADDRESS;L USJ Cooper 81anwaod Springs, CO 81601 Strang addrera/P0 gas are STATE r7P CONTACT PERSON:Brd Feel: SAMPLE COLLECTED BY: PHONE:1 719 ) 273-5743 TIME COLLECTED: p 1 2, _ , am/pm WATER TYPE: RAW [No chlorins ar tither vaatmenrl (� ] or CHLORINATED ( j or OTHER TREATMENT [ 1 SO (IRCE(S): Well 4k2 LOCATION(S): - Address County F:d. 221 SAMPLE POINT(S): We1. I head ISE. SACii of WFtMi D0 SAMPLES NEED TO BE COMPOSITED BY LABORATORY 1 YES ( 1 or NO For Laboratory Use Only Below This Line LABORATORY SAMPLE # CLIENT NAME or I01# 7.--=i 1 .. ,:l, --no LABORATORY NAM'I rY and Jct. . s abor*tor-ies LAB PHONE it { 97c -i 242-7612 i i/ .,;. .. i.:IL see aeio DATE RECEIVED IN LABORATORY / / DATE ANALYZED / / COMMENTS Methodrzfer-eni_es are. SM=St anda,rd Methods, D=Artru- 1 Soak of ASTM Lrris7e✓+%c5. 41-1-4-- i 1 i1 nLL. .L . PARAMETER ANTIMONY ARSENIC BARIUM BERYLLIUM CADMIUM CHROMIUM CYANIDE FLUORIDE MERCURY NICKEL SELENIUM SODIUM THALLIUM (mg/1) RESULT 0.000 (.7777- -0.000 .5 . ( i_0.I,}i {_i 0.0011 0.000 0. 000 1,16 0.000 0 007 462 000 Imglil EPA brag/11 MCL METHOD Lab MDL 0.006 E'P/ 2o4 1 . °? S i , 01:11 0.05 SM.' z 0. F;rr; 1, 2.0 S 1"I. ,. t . 0.004 EF'�2rF1.}.'9 -G. _,1_)1 0.005C,-r"�>y., 2;:10 .. °= 0, .:,002. 0.1 EFA 2 c :i . c. -fit 1 1 0.2 9114500E 0..) 02 4.0 SM4!00c 0.01 0.002 31131 '423 0.0000Z r. EF ,20 . _ '9 0. ..D0-^ 0.05 0385.997A 0. 002 ►• 51131118 0, 1 0.002 EF';✓,�.1_0!.0 . '--, o. yo,o l 90L - 1ivicataa that the compound Woe mama* far, but war babas Ma lab MOL Nr - Not Tram. Use Campavnd trawl_ - Milligrams par Liter Met - Maxima -re Cantl« av Maeltyyr M�On.snan. Limit Reviewed & Approved by Date Anal ` zed: 1 /3/01 17V113/00 12/ 27/00 r 12/0/00 12/21/00 11/11/00 11/9/00 11/3/00 1/7/01 12/23/00 11/16/00 1/2/01 • - NOT an MCL. 'Aman Lay.' • • - NOT an MCL. 'Marrs anrittRrawarnw fluty• /Molding tom* hos Dare aUCaadad Director, Grand Jct. Lab 01 1 / Title Date MAIL RESULTS T0: Colorado Oeoartment of Public Hearth and Environment. WQCO-CMOM-82. 4300 Gerry Creek Onve Suuth, Denver. CO 80246-1530 Revised 12/99 - J:IWPILABFORMSUNORGAN.FRM Cora Department of Pubic Health and Enment Compliance Monitoring & Data Manageman Unit REPORTING FORM FOR NITRATE/NITRITE as NITROGEN ANALYSES SAMPLER: PLEASE FILL OUT ONE FORM - FOR EACH INDIVIDUAL SOURCE/PLANT or COMPOSITE SET YES j ] ar NO [ X ] THESE RESULTS ARE TO BE USED TO FULFILL STATE SAMPLING REQUIREMENTS INSTRUCTIONS/DEFINITIONS ON BACK OF FORM'"" PWSID #: NIA COUNTY: _ Garfield DATE COLLECTED 1112 / 00 SYSTEM/ESTABLISHMENT NAME: Native Spring Subdivision SYSTEM ADDRESS: cla Zancanella & Assoc.. 1005 Cooper Ave.. Glenwood Springs, CO 81601 Street address/P.C. Box City State Zip CONTACT PERSON: Brad Peek PHONE (970) 945-5700 SAMPLE COLLECTED BY: Jeremy Castle TIME COLLECTED: 2:30 ern/pm WATER TYPE: [ X ] RAW (No chlorine or other treatment) or CHLORINATED [ ] or OTHER TREATMENT [ SOURCE(S): LOCA TION(S): - Address SAMPLE POINT(S): Well #2 1 County Rd. 221 1 Wellhead (SEE BACK OF FORM) DO SAMPLES NEED TO BE COMPOSITED BY LABORATORY? YES j ] NO [ X ] For Laboratory Use Only Below This Line LABORATORY SAMPLE # CLIENT NAME ar ID # _ Grand Jct. Laboratories LAB PHONE #{ 7 LABORATORY NAME ] 970 242-7618 i / / see below DATE RECEIVED IN LABORATORY 1 1 DATE ANALYZED 1 1 Method +r in "Annual Bock: of ASTM Standards. " COMMENTS (mg1L) (rng/Li) EPA (mg/LI) PARAMETER RESULT MCI METHOD LAB MDL NITRATEINITRITE-N I.52 t0.0 D7867902 0.01 NITRATE -N NITRITE -N 1 ..1J n,ryl Date Analyzed: 11/2/00 10.0 D726790 0.01 11/8/00 1.0 D7267902 0. 11/7/00 BDL = Indicates that the compound was analyzed for, but was below the Lab MDG. NT = Not Tested for compound. mg/L = Milligrams per Liter MCL = Max:mum Contaminant Level Lab MOL = Laboratory Method Detection Limit H = Holding Time has been exceeded Director, Grand Jct. Lab 12/ 20/ 00 Reviewed & Approved by Title Date MAIL RESULTS TO: Colorado Department of Public Health and Environment, WQCD-CMDM-BZ, 4300 Cherry Creek Drive South, Denver, CO 80246-1530 GAMIN ,Cit imilormirt LAaCRATORY S RADUi11ON SERVICES 8100 LOWRY BOULEVARD DENVER. CC 80Z."O6928 US MAIL Pc BOX 17123 DENVER. CO 80217 WATER BACTERIOLOGY NOY 3,0 O 0,1 252 SAMPLE INFORMATION: L. COM UNITY-NOI,V�r¢CL3MMUNITY C PRIVATE ROUTINE Y�'�RAW 0 REPEAT FOR THE MONTH OF 51"SPECIAL PURPOSE 0 FINISHED �) .41/i477 Y'�G r: ter, (• .`7 f Cl J2 b i 4.1, d 4) NAME OF SYSTEM PWS ID ADDRESS CHLORINE 'DUAL _ COUNTY MGrt DATE TIME BY 11 i /Cts;39,144" COLLECTED AM RECVED 7 EIPm ORDERED BY: ;SAMPLE MAY NOT 5E TESTED IF ALL INFORMATION IS NOT PROVIDE)/ ) _ 7&'G' PM STAMP 1../3,B 106 (37197) PHONE ADDRESS C.:TY : STATE I ZIP �'1 r rte. TEST ORDERED SACT. 0 OTHER RESULTS: SEE REVERSE FOR EXPLAN ATION TOTAL COLIFORM 0 PRESENTABSENT MOST PROBABLE NO l _ DE VER ANALYST CCUFOR WIDOW. GRD. CT Form Na OFFICE. OF THE STATE ENGINEER GWS -25 COLORADOiSION OF WATER RESGUI ES 518 Centennial 810g.. 13 errnan St, Denver, Colorado 30203 (303) 966-3881 APP'iC,?NT PAUL B & JIM E LUGINBUHL P 0 BOX 950 BASALT, CO 81521- (970) 927-4585 PERMIT TO CONSTRUCT A WELL ISSUANCE CF 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 matenal injure to existing water rignts. The issuance of this permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The cansrrucdon of this well snail be in compliance with the Water Weil Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners ofWater 'Nell Construction and Pump Installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37-90-137(2) for the construction of a well, appropriating ground water tributary to the Colorado River, as an alternate point of diversion to the Avalanche Canal and Siphon, on the condition that the well snail be operated only when the West Civide Water Conservancy Districts substitute water supply pian, approved by the State Engineer, is in effect, and wreen a water allotment contract between the wed owner and the West Divide Water Conservancy District for the release of repiacernent water from Rueci Reservoir is in effect, or under an approved plan for augmentation. WDWCD contract 000906PJL(a). ) The use of ground water from this wet] is limited to ordinary housenold purposes inside two single family dwellings, the irrigation of not more than 500 scuare feet of home gardens and lawns, and the watenng of domestic animals. All use of this well will be curtailed unless the water allotment contract or a pian For augmentation is in effect. 5) Tne maximum pumping rate of this well snail not exceed 15 GPM. 5)' The average annual amounrof rrurr waterto-be-appropriated. snail -not -exceed -0:85 acre oot (277,000 gallons). — - 7) The owner snail mark the well in a conspicuous place with well permit number(s), name of the aquifer, and court case nurnber(s) as aopropnate. The owner snail take necessary means and precautions to preserve these markings. a) This well snail be constructed not more than 200 feet from the location specified on this cermit. 9) A totalizing Flow meter ,rust be installed on this well and maintained in good working artier. Permanent records of ail diversions roust be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer ucon request. tyrrc(4 LiC WELL PERMIT NUMBER DIV. 5 WG 45 DES. BASIN MD 054915 ti L at: 1 8fcct: riling: Suceiv: NATIVE SPRINGS APPROVED WELL LOCATION' GARFIELD CtDUN TY NW 1/4 NE 114 Section 11 Township 6 S Range 93 W Sixth P.M. DISTANCES PROM SE,TiON LINES 1050 R. from North 2050 Ft. from East Section Line Section Line APPROVED Z. 2R7:0 4% 4.(7116.4 - State Engineer 1 `Recalot Na. 0466045A DATE ISSUED NOV By _ 3�Lri EYPIRATIUN Aa E Form No. GWS -25 APP$_1CANT OFFICE OF THE STATE ENGINEER COLORADO _lISTON OF WATER RESOU.ES 818 Centennial 8Icg.. 1 nemlan St., Denver, Colorado 802p3 (303) 866-3581 PAUL B & JIM E LUGINBUHL P 0 BOX 950 BASALT, CO 81621- (970) 927-4585 PEPMIT TO CONSTRUCT A WELL LIC WELL PERMIT NUMBER 0 54. 91"9 DIV. a WO 45 DES. BASIN MD Lct: 2 Block: Succiv:NATIVE SPRINGS APPROVED WELL LOCAT ION GARFiELD COUNTY NW 1/4 NE 1/4 Section 11 Township 6 5 'Range 93 W Sixth P.M. DISTANCES FRCM SECTION LINES 800 Ft. from North 1790 Ft. from East Section Line Section Line ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONO1TICNS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of tis well snail be in ccmoliance with the Water 'Nell Construction Rules 2 CCR 402-2. unless approval of a variance has been granted by the State Board of Examiners of Water Neil Construction and Pump Installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37-90-137(2) for the construction of a well. appropriating ground water tributary to the Colorado River, as an alternate point of diversion to the Avalanche Canal and Siphon, on the condition that the well snail be operated only when the West Divide 'Neter Conservancy District's substitute water suably plan, approved by the Stare Engineer,:s in effect, and when a water allotment contract between the well owner and the West Divide ,Nater Conservancy Cistrict for the release of replacement water from Rued Reservoir is in effect. or under an approved plan for augmentation. WDWC0 contract n000906PJL(a). The use of ground water from this well is limited to ordinary housenoid purposes inside two single family awellings. the irrigation of not mare than 500 scuare feet at home gardens and lawns. and the watenng of domestic animals. All use of this well will be curtailed unless lite water allotment contract or a oian far augmentation is in erect. :i The maximum pumping rate of this well snail not exceed 15 CPM. s)" The average annual'amaunrrf-gratind-warer o be -appropriated -snail nor exceed- 0.35'acre-faat(27f.000 gallons). The owner snarl marl( the well in a conspicuous place with well permit numoer(s), name or the aquifer. and court case number(s) as appropriate. The owner shall take necessary means and precautions to preserve these markings. 8) This well shall be canstruc:ea not more than 200 feet from the location scec:flea on this permit. 9) A totalizing flow meter must be installed an this well and maintained in gooa working order. Permanent recaras of all diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request. Kik (00k APPROVED KJW . ioe:iffelz‘fadizerit, State E.:rigineer r- By J Receipt No. 04660458 DATE ISSUED �J fl / 7 2001) EXP'RA o ION DATE N Form No. GWS -25 APPLICANT OFFICE OF THE STATE ENGINEER COLORADO ISION OF WATER RESOUES 313 Centennial 31cg., 13 erman St., Denver, Colorace 30203 (303)866-3581 PAUL 3 & JIM E LUGINBUHL P O BOX 950 BASALT, CO 81621- (970) 927-4585 PERMIT T Q COr4STRUCT A tiNF? L WELL PERMIT NUMBER C54(.320 F DIV. 5 WC 45 DES. BASiN vim Loa: 3 Block: riling,: Succiv: NATIVE SPRINGS APPROVE:' 'NEL r LOCATION GARFIELD COUNTY NW 1/4 NE 1/4 Section 11 Township 6 S Range 93 W Sixth P.M. DISTANCES FPCM SECTION LINES 500 Ft. from North 2050 Ft. from East Section Line Section Line ISSUANCE CF 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. Tine issuance of this permit does not assure the applicant that no injury will occur to another vested water right or preciuce 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 'Nell Construction Rules 2 CCR 402-2, uniess approval of a variance has been granted by the State 5card of Examiners of Water 'Neil Construction and Pump Installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37-90-137(2) for the construction of a well. appropriating ground water tributary to the Colorado River, as an alternate paint of diversion to the Avalanche Canal and Siphon. an the condition that the well shall be operated only wnen the West Divide Water Conservancy District's substitute water supply plan, approved by the State Engineer, is in effect. and when a water allotment contract between the well owner and the West Divide Water Conservancy District for the release of replacement water from Ruedi Reservoir is in effect. cr under an aporoved pian far 3ugmentadan. Wi7WCC contract )00906P.IL(a). 4) The use of grouna water from this well is limited to ordinary hausenold purcoses inside two singe family dwellings. the irrigation of not more than 500 square feet of home gardens and lawns. arc the watenng or domestic animals. All use of this well will be curtailed unless the water ailotment contract or a pian for augmentation is in effect. 5) Tne maximum pumping rate of this well snail not exceed 15 GPM. -5i The average -annual amount of ground water to be-approoratec shall not exceed 0.85 -acre -root -(27= ,000 -gallons).------ - . 7) The owner snail mark the well in a c:nsoicuous place with well oermit numoer(s), name of the aquifer, and court case numoer(s) as appropriate. The owner snail take necessary means and precautions to preserve these markings. 8) This well snail be canstructec not more than 200 feet from the location spec:fiea an this permit. 9) A totallztng low meter must be installed on this well and maintained in good wonting order. Permanent records of all diversions must be matntainea by the well owner (recorded at least annually) and sucmitted to the Division Engineer ucan request. 44.1 It lciridl } APPROVED KJW State Engineer dReceict No. 0466045C DATE E ISSUED .4;i0 +� U 1 CV 6 LJCO gE PIRATION DATE 1\4 101 Form No. OFFICE. OF THE STATE ENGINEER GWS -25 COLORADO DJS(ISION OF WATER RESOUR S 813 Centennial Bldg., 131 rman St„ Denver, C. arado 80203 (303) 8666-3:81 APPLICANT PAUL B & JIM E LUGINBUHL P 0 BOX 950 BASALT, CO 81621- (970) 927-1585 PERMIT TO CONSTRUCT A WELL LIC WELL PERMIT NUMBER 054 21 - F DIV, 5 WD 45 DES. BASIN MD Lot: b Block: Ring: Suociy: NATIVE SPRINGS APPROVED WNELL I ()CATION GARFIE_D COUNTY NW 1/4 NE 1/4 Section 11 Township 6 S Rance 93 W S+xtfl P.M. DISTANCES FPCM SECTION LINES 250 Ft. from North 2050 Ft. from East Section Line Section Line r ISSLIANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONOITCNS OF APPROVAL 1) This well shall be used in such a way as to cause no matenal in(ury to existing water rights. The issuance of this permit does not assure the applicant that no in)ury will occur to another vested water right or preclude another owner of a vested water ngnt from seeking relief in a civil court action. 2) The construction of this weil snail be in compliance with the Water Well Construction Rules 2 CCR 402-2. unless approval of a variance rias been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accaroance with Rule 18. 3) Approved pursuant to CRS 37-90-1372) for the construction of a well, appropnadng ground water tributary to the Colorado River. as an alternate point of diversion to the Avalanche Canal and Siphon, on the condition that the well shalt/ be operated only when the West Divide Water Conservancy District's substitute water sucoly plan, approved by the State Engineer, is in effect, and when a water allotment contract between the well owner and the West Divide 'Nater Conservancy District for the release of replacement water from Ruedi Reservoir is in effect. or under an aoprovea plan for augmentation. WOWCD contract 300906PJL(a). The use of ground water from this well is limited to ordinary household purposes inside yvo smote family dwellings. the irrigation of not more than 500 scuare feet ar home gardens and lawns, ana the watenng of domestic animals. All use of this well will be curtaile4 unless the water allotment contract or a plan for augmentation is in effect. The maximum pumping rare of :his well snail not exceed 15 GPM. The -average -annual amount of ground water to be acpropnated,snaiLnot-exceea_0 d5-acre-foot_(27 ,000 gallons)_ The owner snail marls the well in a conspicuous place with well permit numoer(s), name of the aquifer, and court case numbers) as appropriate. Te owner snail take necessary means and precautions to preserve these markings. ibis well snail be constructed not more than 200 feet from the location soecitied on this permit, A totalizing flow meter roust be installea on this well and maintained in good working order. Permanent records of all diversions must ce maintained by the wed owner (recaraed at least annually) ana suonlitted to the Division Engineer upon request.t ii ,+/1 it APPROVED "fit .i~.: State Engineer NOV Y 1 6 .000 3y 1 li ' 1 200 .Receiot No. 0466045D DATE ISSUED EXPIRATION 1©N DA i E S Form Na. GWS -25 APPLICANT Urril..t ur 1 rlt O 1 W l C c1V1.711vccrs. COLORADO DIVISION OF WATER RESOURCES 815 Centennial 31cr., 131 rrhan 51, Oenver, Colorado 80203 (303) 866-3581 PAUL 8 & JIM E LUG1NBUI-IL P 0 BOX 950 BASALT, CO 81621- (970) 927-4535 a==MIT mr7 (^r7NSTf UCT A WELL !.0 WELL PERMIT NUMBER C 5 4322 . F DIV. 5 WC -15 DES. BASIN MD Lot: 5 alacc: ,riling: Sundiv: NAME oVE SPRINGS APPROVED WELL LOCATION ICN GARFIELD COUNTY SW 1/4 SE 1/4 Section 2 Township 6 5 Range 93 W Sixth P.M. DISTANCES FROM SECTION LINES 225 Ft. from South Section Line 1700 R. from East Section Line ISSUANCE- OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDMONS OF .APPROVAL 1Z This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner or a vested water right from seeking relief in a civil court action. 2) The construction of this well shalt be in compliance with the Water Well Construction Rules 2 OCR 402-2. unless approval of a variance has been granted by the State Board or Examiners of Water Weil Construction and Pump Installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37-90-137(2) for the construction of a well, appropriating ground water tributary to the Colorado River, as an alternate paint of diversion to the Avalanche Canal and Siphon, an the condition that the well shall be operated only when the West CivideWater Conservancy District's substitute water supply plan, approved by the State Engineer, is in effect, and when a water allotment contract between the well owner and the West Divide Water Conservancy District for the release of replacement water orcm Ruedi Reservoir is in effect, ar under an approved plan for augmentation. WDWCD contract 000906PJL(a1. 4) The use of ground water from this well is limited to ordinary housenold purposes inside two single family dwellings, the irrigation of not more than 500 square feet of home gardens and lawns. and the watering or domestic animals. All use of this well will be curtailed unless the water allotment contract ar a plan for augmentation is in effect. 5) The maximum pumping rate of this well shall not exceed 15 GPM. 6) The. average annual amount or grouna water to be acpropnatec snail not exceed 0.35 acre-ioot (277„000 gaiter's). ---- 7) The owner shall mark the well in a conspicuous place with well permit numberts), name of the aquifer, and court case number(s) as appropriate. The owner shall take necessary means and precautions to preserve these markings.. 8) This well snail be constructed not mare than 200 feet from the Vacation specified on this permit. 9) A totalizing flow meter must be installed on this well and maintained in good wonting order. Pemlanent records of all diversions must be maintained by the well owner (recorded at least annually) and suomxtted to the Civision Engineer upon request. 4/..LH APPROVED KJW ,Receipt No. 0466045E v State rn neer • r V ^ CO 9ve C I+ ; •, i DATE ISSUED EXPIRATION DATE 5 Form No. OFFICE OF THE STATE ENGINEER GWS -25 COLORADO,+'ISION OF WATER RESOUiES 818 Centennial 3idg., 13 emlan St.. Denver. Colorado d0203 (303) 866-3581 AP°LICANIT PAUL 3 & JIM E LUGINBUHL P 0 BOX 950 BASALT, CO 31621- {970) 927-4535 PERMIT TO CONSTRUCT A WELL r ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 1) This well snail be used in suc;t a way as to cause no matenal injury to existing water rights. Tne issuance of this permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court aeon. 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 grantee by the State Board of Examiners of Water Well Construction and Pump installation Contractors in accordance with Rule 18. 3) Approved pursuant to CPS 37-90-137(2) for the construction of a well, appropriating ground water tributary to the Colorado River, as an alternate point or diversion to the Avalanche Canai and Siphon, on the condition that the well snail be operated only when the West Civide Water Conservancy Cistrict s substitute water supply plan, approved by the State Engineer, is in effect. and when a water allotment contract between the well owner ano the West 17ivide Water Conservancy [3istrict for the release of replacement water from Ruedi Reservoir is in effect. or unser an approved plan for augmentation. WOWCO contract #700906PJL(a). L) The use of ground water from this well is limited to ordinary household purposes inside two single family dwellings, the irrtgatian of not more than 500 scuare feet of home gardens and fawns, and the watering of domestic animals. Ali use of this well will be curtailed unless the water allotment contract or a plan for augmentation is in effect. 5) The maximum pumping rate of this well shall not exceed 15 GPM. 6) The average annual amaunrof•ground waterto-be appropriated snail -not exceed -0.35 -acre-foot (277.000 gallons). . i) The owner snail mar< the well in a conspicuous place with well permit num❑eris), name of the aquifer, ano court case numbert,$) as appropriate. The owner shalt take necessary means and precautions to preserve these markings. 3) This well shall be constructed rot more than 200 feet from the location spec,ned on this permit. 9) A totalizing flow meter roust be installed on this well and maintainer in good worsting order. Permanent records of all diversions m st be maintained by the wed owner (recorded at least annually) and submitted to the Civtsion Engineer upon request. r, �r/�,Yf� v L!C WELL PERMIT NUMBER C. 4923 F DIV. 5 WO 45 DES. BASIN MD Lop o" aloe{: Firing: Succiv: NATIVE SPRINGS APPROVED WELL L CCA. T ICN GARFIELD COUNTY SW 1J4 SE 1/4 Secticn 2 Township 6 5 Range 93 W Sixth P.M. DISTANCES FROM SECTION LINES 225 Ft. from South 1950 Ft. from East Section Line Section Line r• APPROVED KJW `Receiot No. 0466045E State Engineer n sy / {TATE ISSUED N a V 1 6 2000 EXPIRA CN DATE i J Form No. GWS -25 APPLICANT UM-ICdt Ur 1 ht 1 H 1 C C1NL liVtti-K COLORADO DW1SION OF WATER RESOURCES 818 Centennial 9tcg., 131.erman Si. Denver. Colorado 30203 (363)8666-3681 PAUL S & JIM E LIJGINSUHL P 0 BOX 950 BASALT, CO 81621- (970) 9274585 PERMIT TO CONSTRUCT A WELL ISSUANCE. OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water ngnts. The issuance of this permit does not assure the acclscant 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 acdon. 2) The construction of this well shall be in compliance with the Water 'Nell Construction Rules 2 OCR 402-2. unless approval of a variance Inas been granted by the State 8oara of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Ruie 18. 3) Approved pursuant to CRS 37-v4-137r(2j for the cansuvctton of a well, aaprapriating grouna water tributary to the Colaraaa River, as an aitemate point of btversion to the .Avalanche Canal aha Sipnon, on the condition that the well snail be operated only when the West Divide 'Neter Conser1ancy Districts substitute water supply plan. acprovec by the State Engineer, is in effect. and wnen a water allotment contract between the well owner and the West Divide Water Conservancy District far the release of replacement water from Ruedi Reservoir is in erfect. or unser an approved plan for augmentation. WDWCD contract J. O09C6PJL(a). 4) The use of ground water 7Tom ;his well is limited to orainary household purposes inside two single family dwellings, the irrigation of not more than 300 scuare feet of home gardens ano lawns. ane the watering of domestic animals. All use of this well will be curtaiiea unless :he water allotment contract or a plan for augmentation is in effect. 5) The maximum pumping rate of this weil shall not exceed 15 GPM. 6) T nom.average annual amount of ground water to be appropriated snail not exceea 0.35 acre -;Oat (277 ,000 gallons). 7) The owner shall mark the weil in a conspicuous place with well permit number(s), name of the aquifer. and court case numoer(s) as approcnate. The owner shall take necessary means and precautions to preserve :hese markings. 3) This well snail be constructed not more than 200 feet from the location snea:flea an this permit. 9) A totalizing claw meter must be installed on this well and maintained in good wonting order. Permanent records of ail aiversicns must be maintained by the well owner (recordea at least annually) and suornirted to :he Civision Engineer upon request. If///4' • LC WELL PERMIT NUMBER 05492'4 - F DIV. 5 WD 45 DES. BASIN MC Lot 7 3locx: iiing: Sucdiv: NATIVE SPRINGS AP *ROVED WELL LCCA T I0N GARFIELD COUNTY SW 1/4 SE 1/4 Section 2 Township 6 S Range 93 W Sixth P.M. DISTANCES FRCM SEC T TON LINES 225 Ft. from South 2250 Ft. from East Section Line Section Line ,1 i i 1 !ROVED .I y �, �';:lir' '�r. K W 1117 41 W1 to i EXP'RATorti°ATENi: r ` . S tate yIgineer �! Receiat No. 0466045G DATE ISSUED N fl 1} 1 F { Form No. OFFICE OF THE 5 IA 1 t tNtiNttf< GWS -25 COLORADO DLV!SION OF WATER RESOURCES • APD! !CANT 818 Centennial SIcg., 131 rman St.. Denver, C. orado 30203 (303) x666 -36a1 PAUL 3 & JIM E LUGINBUFL P 0 BOX 950 BASALT, CO 81621- (970) 1621_ (970) 927-4585 PERMIT TO CONSTRUCT A WELL ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit does not assure the applicant that no injury will occur to another vested water right or crectude another owner of a vested water right from seeking relief in a civil court action. ?) The construction of this weir snarl be in compiiance with the Water Wel! Construction Rules 2 CCR 402-2. unless approval of a variance has been granted by the State Board of Examiners of Water Weil C3nstrucdon and Pump Installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37-90-137(2) for the construction of a well. appropriating ground water dibutary to the Colaraco River, as an alternate point of diversion to the Avalanche Canal and Siphon. on the condition that the well shall be operated only when the West Divide Water C3nsertancr Cistnct s substitute water supply plan. acproved by the State Engineer. is in effect. and wnen a water allotment contract between the well owner ana the West Divide Water Consertant: f [District for the release of replacement water from Ruedi Reservoir is in effect. or under an approved plan for augmentation. "WDWCO contract 4000906P.:L(a). 4) The use of ground water `,gran this well is limited to ordinary household Purposes inside rim.) single family dwellings. the irrigation of not more than 500 scuare feet of home gardens and /awns. ane the watering of dornesuc animals. All use of this well will be cunaiiec unless the water allotment contract or a pian for augmentation is in effect. 5) The maximum pumping rate of his weir shall not exceed 15 GPM. 3) T ne average annual amount of ground water to be approonated snail not exceed 0.85 acre-foot (27.004 galIcns). 7) The owner snail mark the well in a conspicuous place with well Permit number(s), name of the aquifer, and court case numcer(s) as apprmmnate. The owner shall take necessary means and precautions to preserve these markings. 3) This well snail be construc:e(' nor more than 200 feet from the location spec:fiee on this permit. 9) A totalizing flow meter must be installed on this wet! and maintained in gooa working order. Permanent records of all diversions must be maintainer by the weii owner (recorded at least annually) and sucmitted to the Civision Engineer ucon request. f tt(iu1 f0 LIC WELL PERMIT NUMBER 054325 DIV. 5 WD 45 DES. BASIN MC Lot: 3 3Iacx: ding: Sui div: NATIVE SPRINGS AR ROVED f1VELL LOCATION GARFIELD COUNTY NW 1/4 NE 114 Section 11 Township 6 S Range 93 W Sixth P.M_ DrSTANCES FROM SECTION LINES 250 Ft. from North 2275 Ft. from East Section Line Section Line APPROVED KJ W ,Recerat No. 0466045H ' ,l1e .4/177447 ak ,r State E^girieeG Da_ ISSUED 4I I ki �y (PIRA iTiiCc DATE !\f U i ti Form No. GWS -25 APPLICANT OFFICE OF THE STATE ENGINEER COLORADO IlSION OF WATER RESOUIS 818 Centennial Bldg., t31 rrnan St., Denver, Colorado 30203 (303) 866-3581 PAUL B & JIM E LUGINBUHL P 0 BOX 950 BASALT, CO 51621- (970)927-4535 PERMIT TO CONSTRUCT A WELL LIC r WELL PERMIT NUMBER C 54926 DIV, 5 WD 45 DES. BASIN MD Lot: 9 Block: Piling: Sundiv: NATIVE SPRINGS APPROVED WELL LOCATION GARFIEL D COUNTY NW 1/4 NE 114 Section 11 Township 6 S Range 93 W Sixth P.M. DISTANCES FROM SECTION LINES 500 Ft. from Nord, 2275 Ft. from East Section Line Section Line ISSUANCE OF THS PERMIT ODES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 1 } This well shall be used in such a way as to cause no matenat injury to existing water rights. The issuance of this permit Coes not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 COR 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 t a. 3) Approved pursuant to CRS 37-90-137(2) for the construction of a well. appropriating ground water tributary to the Colorado River, as an alternate point of diversion to the Avalanche Canal and Siphon, on the condition that the well snail be operated only when the West Divide Water Conservancy Distnct s substitute water supply pian, approved by the State Engineer. is in effect. and when a water allotment contract between the well owner and the West Divide Water Conservancy District for the release of replacement water from Rued Reservoir is in effect. or under an approved plan for augmentation. WDWC° contract J00906PJL(a). } The use of ground water from this well is limited to ordinary housenoid purposes inside two single family dwellings. the irrigation of not more than 500 square feet of home gardens and lawns. and the watering of cornesac animals. All use of this well will be curtailed unless the water allotment contract or a plan for augmentation is in effect. 51 The maximum pumping rate of this well snail not exceed 15 GPM. 6) The average annual amounratgrouna waterto be apprdonatea snail notexceed 0.8S-acre4oar-(277,000 gallons): • -- 7) The owner shall mark the well in a conspicuous place with well permit numoerfs), name or the aquifer, and court case numper(s) as appropnate. The owner snail take necessar, means and precautions to preserve these markings. 8) This well snail be constructed not more than 200 feet from the location scec,ned on this permit. 9) A totalizing flow meter must be installed an this well and maintained in good working order. Permanent records of all diversions must be maintained by the weft owner (recordea at least annually) and submitted to the Division Engineer upon ty10/0 request. thj APPROVED KJW Receipt No. 04660451 :f 4110. -.74<i/i7d State Engineer{ c av } OA i E ISSUED Y NOV 1 6 2000 EXP'RA T ICrN DATE - 4 Form No. GWS -25 aPoLICANT OFFICE. L F THE STATE ENGINEER COLORADO Dl` SIGN OF WATER RESGURS 818 Centennial aIcg.. 13131.rman St. Denver. Culcrada 80203 (303)866-3581 PAUL 3 3, JIM E LUG!NBUHL P0BOX 950 BASALT, CO 81621- (370) 927-4585 PERMIT TO CONSTRUCT A WELL ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit does not 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 acdon. 2) The construction of this well shall be in compliance with the Water Well Constnrcdon Rules 2 CCR 402-2. unless approval of a variance has been granted by the State card of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Ruie 13. 3) Approved pursuant to CRS 37-90-137(2) for the construcdon of a well, appropriating ground water tributary to the Colorado River, as an alternate point of diversion to the Avalanche Canal and Siphon. an the condition that the well shalt be operated only when the West Divide Water Conservancy District's substitute water supply plan. approved by the State Engineer, is in effect. and when a water allotment contract between the well owner and the West Divide Water Canserrancy District for the release of replacement water from Rueai Reservoir is in effect, or under an approves pian for augmentation. WDWCD contract 7fl0906PJL(a). ) The use of ground water from this %Nell is limited to ordinary household purposes inside two single family dwellings. the irrigation or not more than 500 square feet of home gardens and lawns. and the watenng of domestic animals. All use of this well will be curtailed unless the water allotment contract or a plan for augmentation is in effect 5) The maximum pumping rate of this welt snail not exceed 15 GPM. 8) The -average annuat amount -of -ground water to be appropriated snarl nos exceed 0.85 acre -;dot (277,000 gallons). 7) The owner snail marc the well in a conspicuous place with well permit numoert:s), name of the aquifer, and court case numoer(s) as aopropriate. Tne owner snall take necessary means and precautions to preserve these markings. 8) This well snail be constructed not more than 200 feet from the location spec:riea on this permit. 9) A totalizing flow meter must be installed on this well and maintained in Boca 'Narking order. Permanent records of all diversions must be maintained by the well owner (recorded at least annually) and supmittea to the 2ivisian Engineer upon request.{vizikrQ 1 1) LIC WELL PERMIT NUMBER 0 L 4I 9Z! - F DIV. 5 WD 45 DES. BASIN ,MD LJC 10 BEoc<: Filing: Sucdiv: NATIVE SPRINGS .A P c RCVED WELL LOCATION GARFiELD COUNTY NW 114 NE 1/4. Section 11 Township 6 S Range 93 W Sixth P.M. DISTANCES FROM SECTION LINES 800 FL from North 2275 FL from East Section Line Section Line APPROVED '4151/k State Engineer �+ 33r$71A_ ,Receiot No. 0466045J DATE ISSUEDn 1 V 0 JCU EXPIRATION DATE , t ' :.t, Form No. OFFICE OF THE STATE ENGINEER GWS -25 COLORADO *SIGN OF WATER RES©UFE5 818 Centennial 81cg., 131 rrnan St., Denver, Colorado 80203 (303) 8588-3581 APPLICANT PAUL B & JIM E LUGINBUHL P O SOX 950 BASALT, CO 81621- (970) 927-4,585 PPPMIT TO CONSTRUCT A WELL LIC WELL PERMIT NUMBER y4 2 F DIV. 5 WD 45 DES. BASIN MO Lob 11 Block: Filing: Succiv: NA T lVE SPRINGS APPROVED WELL LOCATION GARFIELD COUNTY NW 1/4 NE 1/4 Section 11 Township 6 S Range 93 W Sixth P.M. DISTANCES FROM SECTION LINES 1050 FL From North 2275 FL from East Section Lane Section Line ISSUANCE OF THIS PERMIT COES NOT CONFER A WATER RIGHT CONIDITTONS OF APPROVAL i) ibis well shall be used in such a way as to cause no material iniury to existing water rights. The issuance of this permit does not assure the applicant tat no iniury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil ccurt action. 2) The construction of this well snail be in compliance with the Water Well Construction Rules 2 CCR 402-1 unless approval of a variance has been granted by the State Board of Examiners of Water Well Constructor and Fump installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37-90-137(2) for the construction of a Weil. appropriating ground water tributary to the Colorado River, as an alternate point of diversion to the Avalanche Canal and Siphon, cn the condition that the well snail be operated only when the West Divide Water Conservancy District's substitute water supply pian. approved by the State Engineer, is in effect, and when a water allotment contract between the well owner and the West Divine Water Conservancy District for the release of replacement water from Rued Reservoir is in effect. or under an approved plan for augmentation. WCWCC contract; J00906P.:L(a). ) The use of ground water from this well is limited to ordinary housenctd purcoses inside two single family dwellings, the irrigation of not more than 500 scuare feet of home gardens and lawns. and the watering of domestic animals. All use of this well will be curtailed unless the water allotment contract or a plan for augmentation is in effect, 5) The maximum pumping rate of this well snail not exceed 15 GPM. 6) . The average-annuai amount of ground water to. be-aooropriated snarl not exceed 0.35 acnaot (277,000 gallons). 7) Tne owner shall mark the well in a conspicuous place with well permit numoer(s), name of the aquifer. and court case nurncer(s) as acpraonate. The owner shall take necessary means and precautions to preserve these markings. a) This well shad be constructed not more than 200 feet from the location specified on this permit. 9) A totalizing flow meter must be installed on this well and maintained in good working arcer. Permanent records of ail civersions must be maintained by the well owner (recorded at least annually) ani submitted to the Division Engineer upon reduest..r c/v/tge APPROVED KJW State Engineer Recent No. 0466045K 17 DATE ISSUED N Li Y 1 6 2060 B EXPIRA T i ATE ;/ 1 j 'if) • FACSIMILE TRANS 1ON COMPLE I LD ON THIS DATE AT .M._ BY WEST DIVIDE WATER CONSERVANCY DISTRICT 109 WEST 1"OURT1I STREET, P. 0. BOX 1478 RIFLE, COLORADO 81650-1478 TELEPHONE AND FAX: (970) 625-5461 wdwed@xifle.net FAX COVER SHEET DATE: March 11, 2003 NUMBER OF PAGES (including covcr shcct) 11 TO: Barbara Kocelka FAX NUMBER: 945-4885 FROM: Janet Maddock RE: Luginhuh( DOCUMENTS SUBMITTED: Assignment Amendment IF YOU DO NOT RECEIVE ALL OF THE PAGES, PLEASE CALL (970) 625-5461 Ti ransrruttcd: Please: For approval For signature For review and comment x As requested For your information OTHER MESSAGE: Sign and return Call upon receipt/review Call if any questions Clerk and Retarder Recording information Cimimc W('1)Q ICI in PI L(bJ Map at) W r Mac Activated 9 .. _t¢ / h WEST DIyiDL`• WATER CONSERVANCY DISTRICT APPL.ICAlION FOR ASSIGNMPNT OF OWNERSHIP Water Allotment Contrast N: c,Ct• o . 0 to t t—t- Date: /0 - Z a - 0 1. Name of Contract 1 -Holder: !c- rk t 15 i,-.th7._icd„A4\1_4_ r gra 1 t l•t r ka _ Name and Address of Assignee: jay },psi t r] v.., _' p rCr-14 s ...).,.A....).,.A.\a rir ',.)% ,,,LID+Z P irt) 9 w r`�- ti Q.v...? �' rS R. '7c) I,Cl i:r^\ ... nom, -P . b 6 v. ,_a_t bCi&[AlA 4_V 6 g f 4),)-- 1 Amount of Water Assigned in Acre Loot: _--___- _. Legal description of parcel where well is located: ti e- r,t A k ()Lc V.\ e•- A Recording Information of Memorandum County C q r Reception No. S .7 to SS 4 of Water Allotment Contract: Book ! 3 3 Page.. Recording Information of Prior Water Allotment Contract:. County Reception No. Hook Page l he undersigned Contract holder and Assignee do hereby give notice to and make application to West Divide Water Conservancy District for the assignment of the above described Water Allotment Contract. By signing this instrument, Assignee does hereby nigras to assume and be bound by the terms and conditions of said Water Alkrtmerd Contract and all addenda and exhibits thereto. It is understood that Contract 1 loider is released from of farmance under said contract to the extent that such performance has been hereby assumed by Assignee. Signed the date first appearing above. Contract I hider P ct In t l .ui tS t r. bar ti r3 �.� tb.rto.11�1� CI, AO, tfi 5 c� v4•i�O, 7�kd� 4.0 rFsr7.0.0,_'itvc % IUrx-itv 7.7 pre,acs Assignee a.nka i.ats,un At cvc�.'4'.-� Cr)rv,rer'a STAT. O �" ? ior'Gtr b ) ) ss - COI INTY OF Ca!: ,r?„ ) the foregoing instrument was acknowledged before me on this 3(} day of C i� er , 1 _, by =�i� •moi ' �^-•+•'� 1t+4 b �1 Witness my hand and official seat. My Commission expires: t . - 3 -C Curly t Hutdtrr+'+r, Assignee Att*6seseniselnet=Eapirgyv kr. _ _ nrr v. a ME10114=1461111ik I•M►araia• =Am i.u,Ymaw. I --q- 047 A • STATE OF (pit', rYk[.� O ) - ) sss. COUNTY OF CC C\ 1 e ) r _ The ihrcgning instrument was acknowledged hefnre me on this /84 day of �N�1�7� .. Li ,�,. by V VI hand a d crfiiciRI sea .i 'on expires: 11167 If e U! a 0 -4A -A-4-- Ma- G(17( CLIK.-- Notnlc Notary Public APPROVED BY WEST DIVIDE WATER CONSERVANCY DISTRICT President /1 7Q Date Mot rccorctirrg r,dum to West Divide Water Conscritotcy District, P. 0. Pox 14111, rtif c, CO 816504478 Revised March 11201 APPLICATION TO AMEND WATER LEASE FROM WEST DIVIDE WATER CONSERVANCY DISTRICT I0')09UW'JL(a) Map P355 Date Activated 9106/00 Date Amended 1/23/03 I. APPLICANT INFORMATION • Nat,,, e, yringra0per-4�I Name: Caw to e•-% 4 bt o {tgri. rtc� Mailing address: k 0. b p X Q bbutt x\ . S (h–L. 1 cl , hnnr: `t t� 2. WATER COURT CASE it 3. USE OF WATER T q S Authorired agent: _ ter_ RESIDENTIAL (cheek applicabk boxes) Ordinary household use Number of dwellings: Subdivision: No. constructed units: tS No. vacant lots: I Home garden/lawn irrigation of 5. Sots sq. ft. Method of irrigation: 0 flood sprinkler ❑ drip 0 other Non-commercial animal watering of 5 animals 1 ,Fire Protection Well Sharing Agreement for multiple owner wells must be submitted ❑ COMMERCIAL (check upplicoble boxes) Number of units: Total sq. Il. of commercial units: Description of use; o INDUSTRIAL Description of use Evaporation: Maximum water surface to be exposed: Description of any use, other than evaporation, and method of diversion, rate of diversion, and annual amount of diversion of any water withdrawn from the pond: . 0 MUNICIPAL Description of usc: 4. SOURCE OF WATER Structure: Gid e. Structure Name: Source: °Surface LiStoragc 'round water Current Permit it (if applicable) Cl Direct Pumping: Tributary: Location: - 4 1-11 5. LOCATION OF STRUCTURE C\ -(.t CIO') t: r� County guarIcr/qu2rrcr Quarto' Section 'Iown'.hip Rsage FtincrpatMeridian Distance of well from section lines Elevation 4"o0 well location addrrc oo: (Attach additional pages Jor multiple structures) 6. LAND ON WHICH WATF;R WILL BF USED (Legal description may be provided as an attachment.) Numbct of acres in tract: Inclusion into the District, at Applicant's expense, may be required 1. TYPE 01 SEWAGE SYSTEM 4.Svptic tank/absorption leach held OCentral syxtc-m °Other 'r• w\�vk.ct\ S. VOLUME OF L ASE© WATER NEEDED IN ACRE FEET: (minimum of I acre foot) teased amount hated !ln divers/nett unlrct contractee has an augmentation plant or suhrnitx supporting monthly engineering data. Commercial. municipal. and industrial users miss 'provide diversion and tvrnsurnptr'i•r data on a montlrly husk , A totalizing flow meter with remote readout Lt required to he in.dalled and usage rrpnrtcd to Weal Divide. Applicant expressly acknowledges it haat had the opportunity to review the District's form Water Allotment Contract and agrees this application it made pursuant and subject to the terms and conditions contained therein. Application Date: / 0 - 30 " 0) - Applicant Applieant 5ign■turc DATE APPROVED: / f — 3/74.3 WEST Di VIDE WAINCYl)JP CT Alt ;ocrctary • LEGA, DESCRIPTION 1 LTG Policy Lia_ 1.11111133351 Our Order No OW2333513 A TRAC T or LAND SITUATED IN THE NORili 112 OF SF_Ci1ON 11 AtlD THE SW iI4Si<1 ra of SECTION 2, TOWNSHIP 6 SOUTh, RANOT 93 WEST OF TIM SIXTH PRINCIPAL #AE.R1TflAN_ MORE PARTICULARLY UFSCRIRE1) AS FOLLOWS: BEGINNING AT THE NORTH 114 Ce3RNER OF SAID SE T1ON 11, MARKED WITH A 7 U2` ALUMINUM CAP. THENCE 5'89 DEGREES 2473' W 667.45 FEET ALONG THE NORTH LINE TO THE NORTHWEST CORNER QF THE NE114NEI14NW 114 OF SAID SECTION II; THENCE 5 CO DEGREES 11' L6' E 287.139 FEET ALONG THE WEST LINE OF SAID NE114NElMMNWir4 TO THE NORTH IJXIP OF THE WIMMF3t PARCEL. AS DESCRIBED IN BOOK. 3457 AT PAGE 458 T1lENCF 14 89 DFS:RFFS 3L32- E 279.44 FEET ALONG THE NORTH LINE TO THE NORTHEAST CORNER OF SAID wIMMER PARCEL: THENCE 500 DEGREES 22'2r E i'[I2$_R! FEET ALONG THE RAST UNE TO THE SOUTHEAST CORNER OF SAID W11.0t4ER PAIS.. ALSO BEING THE SOUTH LINE OF THE NEII4HWU4 OF SAID SECTION 11: THENCE N 89 DEGREES 'IT4S- F±_ 110_.2I FEST ALONG THE SOUTH LINE T() THE SOUTHWEST CORNER OF THE N'W1/414E1J4 Or SAID SEZTION 11; THENCE N 89 DEGREES 3746' E 1315.08 FEt ALONG THE SOW3L LINE TO THE SOUT1UASi' CORNER OF SAID 14W114NEII4; THENCE N 00 DEGREES 10"5'9" 'W 131925 FEET ALONG THE F_As.ST UNE OF SAID t4W U4NE1/4: IHENCTE N IX1 DEGREES 39'37' W 466_37 EMI ALONG THE EAT UNE OF THE SW 1MS%tr4 OF SAXO SECTION 2: THENCE S 89 DFOREES 34'26 W 1013. 04 1`1 -Et TO THE EArrEstLy RIGHT. -WAY 1..114E OF Cowry' ROAD NO. 210; T11E14CE_ S 36 Dr,C1tF..FS 37"43- w 219.93 MET AIONC SAID R_O.w.: THENCE 5 15 DEGREES 58"55' W 174-94 FEET ALONG MID R.O_W.; THENCE 536 DEGREE5 49'44` W 102.2.FEET Alot(i Shit) LO. W. TO THE WEST LINE OF SAlt) SW 1r4SE114 OF :SECTION 2; 1 HE1'4CE 500 DL RE15 5219' E 67-0i FEET 7131114E PVi1NT OE BECiu1414114Ci. CoutNT'Y OF G RFIEl U STATE OF COLORADO JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV 110 DEC TOTAL WEST DIVIDE WATER CONSERVANCY DISTRICT WATER USE ESTIMATES APPLICANT: Native Springs Subdiv Property Owners Ass. DWELLING UNITS: 22 IRRIGATED AREA (SO FT): 5,500 NO. OF LIVESTOCK: 56 ELEVATION (MSL): 5400 Contract Amount w! 5% transit Loss = 2.18 acre feet t i) In Aouse Diversion per Unit (AF) 0.029 0.028 0.029 0.028 0.029 0.028 0.029 0.029 0.028 0.029 0.028 0.029 £i 336 (2) (a) In House C.U. per Unit (AF) 0.004 0.004 0.004 0.004 0.004 0.004 0.004 0.004 0.004 0.004 0.004 0.050 I4) (5) Irrigation Diversion (ft) irrigation C.U. (ft) 0.144 0.115 0.423 0.338 0.589 0.471 0.519 0.495 0.503 0.402 0.355 0.284 0.111 0.089 2.743 2.194 In House Diversion (AF) 0.53 0.57 0.63 0.61 0.63 0.61 0.63 0.63 0.61 0.63 0.51 0.63 7.39 (6) (7) (8) (9) In House C.U. (AF) 0.09 0.09 0.09 0.09 0.09 0.09 0.09 0.09 0.09 0.09 0.09 1.11 Irrigation Diversion? (AF) 0.00 0.00 0.00 0.02 0.05 0.07 0.08 0.06 0.04 0.01 0.00 0.00 0.35 Livestock. Irrigation Diversion & G.U. (AF) C.U. (AF) 0,00 0.06 0.00 0.05 0,00 0.06 0.01 0.06 0.04 0.06 0.06 0.06 0.06 0.06 0,05 0.06 0,04 0.06 0.01 0.06 0.00 0.06 0.00 0.06 0.28 _ 0.69 (10) Total Diversion (AF) Total C.U. (AF) 0.72 0.16 0.£5 0.14 0.72 0.16 0.72 0.17 0,78 0.21 0.78 0.22 0.80 0.23 0.79 0.21 0.74 0.19 0.74 0.17 0.70 0.16 0.72 Q 8.85 2.18 (1) (2) (3) (4) (5) (6) 300 paNvns per day per residence 15% co.' surnptive use (or SDS systems 80% er'tration effcienry for sprinkler system Blaney Griddle assessment with Pochop adjustments Cak 1 r ) ' number ar dwelling units Conn (2)' number of dwelling unfs Water Use Estimates As Column (3)irrigated area in acres Column (4) ' irrigated area in acres Livestock use at 11 guns per head per day (99CW320) Column (5) + Column (7) + Cotumn (9) plias 5% trend bss Column (6) 4 Column (8) + Coturrn (9) plus 5% transit bss 12J2i02 P.o. Box 1908 1005 Cooper Ave. Glenwood Springs, CO 81602 41(.\\ • RECEIVED AU994) g4 bQ (970) 945-1253 Fax ZANCAMELL4 4M0 4SSOCIATES, IMC. ENOMEEiriNG CONSULTANTS August 10, 2001 Ms. Kit Lyons Garfield County Building and Planning 109 Eighth Street, Suite 303 Glenwood Springs, CO 81601 RE: Native Springs Dear Kit: RECEIVED AUG 15 2001 In follow up to Ken Knox' letter of August 8, 2001, we have spoken to Ken and have agreed that the 30,000 gallon storage_tanks for exclusive fire protection use can be filled by an exempt fire protection well (see attached §37-92-602). A copy of the well permit application is attached In addition, the stock associated with the subdivision will obtain its water from the Green Spring. The spring is a decreed stock right in decree W3914 (also attached). The Green Spring can be part of the pipe irrigation system. We are sorry we did not include the irrigation/stack decree in our original submittal. If you have any questions, please call cur office at (970) 945-5700. Very truly yours, Zancanella & Associates, inc. Thomas A. Zancanella, P.E. Attachment cc: Ken Knox Ron Liston Z:12OOOOt20722 Native SOrirtgs sub\garcta_fireproLwpd determina- 1, § .1; Laws ovided that alI :ation of water continue to be 1 Act provided :ed under sub- ation and Ad - Dist. No. 11, 13.2d 311, 178 :r in lakes was aimant did not ,y Water Right ion Act, claim Vater Adjudica- u protest could •nly to protect No. 11, Water 311, 178 Caio. 3111 Determina- !r continuation lings under Ad- d filing of new ffective date of t could proper- risdiction over prior. ongoing ind County of .Vater Com'rs v. tion Dist.. 1985, ation of water id well in Weld ?erate to clothe h exclusive jur- :.ting to water .0 deprive Mor - jurisdiction in ommission and against use of .•+ ..• .a •. •_ -,lJ a'LlfVll Illus W LA, 111VVlvc.0 was designated ground water, jurisdiction over which was given to Ground Water- Cornmis- sit d that land and water was located in S4 County; but if petitioners could later prove that water was not designated ground water and that. with proper jurisdiction, Weld County District Court had adjudicated it, Ground Water Commission and State Engineer would fail in their action. Larrick v. District Court In and For Morgan County, 1972, 493 ?.2d 647, 177 Colo. 237. o. Reasonable diligence showing Where cs;vners of conditional water decree. inadvertently failed la file an application for and obtain a finding of reasonable diligence in I9772. water court had jurisdiction to cancel the uu/ r., u 1 �FY TL p10: L1a. Pact that 1889 conditional decree of water rial was included in 1974 tabulation of water rigriorities prepared by the division engi- nec. or the water division did not estop the water court from cancelling that conditional decree because of the failure of the owners to obtain, in 1972, a finding of reasonable dil- igence. Siminco v. Kelling, 1980, 607 P.2d 1289. 199 Colo. 225. The owner or use; of a conditional water right must comply with the statutory mandate that it obtain findings of reasonable diligence every four years and the failure to do so results in the loss of conditional water rights. Town of De Segue t=. Enesvoid, 1980, 606 P.2d 48, 199 Colo. 110. § 37-92-602. Exemptions—presumptions—legislative declaration (1) The provisions of this article, except for sections 37-92-201 and 37-92-202, shall not be applicable to: (a) Designated ground water basins as defined and established by article 90 of this title; (b) Wells not exceeding fifteen gallons per minute of production and used far ordinary household purposes, fire protection, the watering of poultry, domestic animals, and livestock on farms and ranches, and the irrigation of not over one acre of home gardens and lawns, but not used for more than three single-family dwellings; (c) Wells not exceeding fifteen gallons per minute of production and used for drinking and sanitary facilities in individual commercial businesses; (d) Wells to be used exclusively for fire -fighting purposes if said wells are capped, Locked, and available for use only in fighting fires; and (e) Wells not exceeding fifty gallons per minute which are in production as of May 22, 1971, and were and are used for ordinary household purposes for not more than three single-family dwellings, fire protection, the watering of poultry, domestic animals, and livestock on farms and ranches, and the irrigation of not over one acre of gardens and lawns. (2) With respect to applications filed prior to May 8, 1972, the state engineer shall issue a permit for the construction of wells specified in subsection (1) of this section without regard to the provisions of section 37-90-137(2) and (3) upon submission of an application which shall be. accompanied by a fee of five dollars. It is the legislative intent that the exemption in subsection (1) of this section is for an applicant to obtain a water supply for his own use. (3)(a) Wells of the of this section may accordance with the use such a well shall of twenty dollars for type described in paragraphs (b) ro (d) of subsection (1) be constructed only upon the issuance of a permit in provisions of this subsection (3). A person desiring to submit an application for a permit accompanied by a fee an application under paragraph (c) of this subsection (3) 1005 The Referee Does therefore conclude that the above entitled application should be granted and that 0.50 cubic foot of water per second of time is hereby awarded to the Green Spring, for irrigation and livestock water uses ,with appropriation date of the 31st day of December, 1964, absolutely and unconditionally; subject, however, to all earlier priority -rights of. others and to the integration and tabulation by the Division Engineer of such priorties and changes of rights in accordance with law. It is accordingly ORDERED that this ruling shall be filed with the Water Clerk and shall become effective upon such filing, subject to Judicial review pursuant to Section 37-92-304 C.R.S. 1973. It is further ORDERED that acopy of this ruling shall be filed with the appropriate ' Division Engineer larad the ".State Engineer Done at the City of Glenwood Springs, Colorado, this .1":r day of dam€ ,1979 BY THE REFEREE Asti protest was fed in this matter. Wa feree The foregoing luting is confirmed W r Division No. 5 and opprovec}. cid 6s made the State of Colorado Judgment and Deq Deo -Fee ofthka,nrt. Doted:"ay '7 WATER JUDGE COLORADO DIW1S1U0I ur w i U tc�.L DEPART TIENT OF NATURAL RESOURCES 131= SHER.:NLA.:Y ST., R.M. 818, DE. CO 80203 ,prtone - info: (303) 866-3587 main: ( )866-3581 GENERAL PU 1 PURPOSE Water Well Permit Application (Please Rote: other `Grins are avai aCle Crfsr:e Tiouses including - residential, livestock. mcnitCrtngiCdserV.. gravel Its. regrstntdcn of aid wells) Review insiruc#ions prior to completing farm Must be comaleted in black ink or typed r 1. APPLICANT INFORMATION 6. USE OF WELL (please attach availed description) vale of aopiicant Paul 8. Luginbuhl and Jim E. Lugirbur.I 0 1NCLS T RIAL 0 GT`rIER: Fare Protection 0 COMMERCIAL 0 MUNICIPAL 0 JRRIGATJCN 0 FEED LOT — numoerafhead: Mailing Address P. 0. Bax 950 7. WELL DATA Cary sizu ziD Cade Basalt CO 8162.1 maximum oksmoirry rate 15 goo anneal ar++auIX 1.0 AF Total own 100 ft. AsuidY Colorado_ R. Alluvium/Wasatch i eieonorse humour Onetime area eoosi (970) 927-4585 3. LAND ON WHICH GROUND WATER WILL BE USED 2. TYPE OF APPLICATION jc:tecx acpiicanie box(es)) A. LEGAL. DESCRIPTICN ;r.+ayoe; aviaac as an aracrimet' See attached. flf uses for crop irrigation. attach scaled lap that straws irrigated area.) C] Construct new well C Use existing well C Replace existing well C Change or Increase Use = Change (source) Aquifer C Reapplication (toured perrnm 0 Other: 3. REFER TO (if applicable): 3. s acres I C. Qwnier 65.96 1 Paul B. &Jim E. Luginbuhl water court case a West Divide Contract # 355 ?trout f D. List any other wells or water rights used art lis land. Each lot will have only ane well. The fire well is to be centrally located in the cui de sac Emergency verDai x -VE- Monitoring mile aexnowiedgment 4 Weil hams ors Monitoring now acxnowteagment; Fire Well 9. PROPOSED WELL GRILLER !optional) Name Shelton Drilling Corporation License rnuneer 1095 4. LOCATION OF WELL County Gari field Cuartencuarter Quarter ,NW 1 J4 iN E 1 /4 10. SIGNATURE of acclicant(s) or authanzed agent The making of raise statements herein constitutes in the second degree. wnicr is punishable as a demeanor pursuant to C.R.S. 24-4-104(13)(a). I the statements herein. know the contents tiered(. that thev are true to my knowledge. penury class 1 mis- have read and state Section 1 Township .v or 5 5 ®Q Range E or W Principal Meridian 93 r". CI atm Distance of well from section lines 130 ft `ram E N O $ 2165 +t from iE E 0 w Neil location address..( different from mascara address is amino:Huai ai County Road 221 Must de anginal signature � tutu f V4,r+irerit".�. ;-Ii,w.-f-. .C.��.'Ili P rice • ---- V L'.lly 5iV/,� �� r � jrj . Dau ,pr rBPia Cern. lir •fie lis Only - 61st nL! afYd dire[gon intn3 Gd "eN ;.d new wNf feet direction 0PTIOWAL INFORMATION3. TRACT ON WHICH WELL WILL 3E LOCATED i USGS mad nam. 30/1/ liven. surface elev. a. LEGAL DESCRIPTION (may 000irmA0Clas an atr .menti See attached. Office Use Ory 0IV CO WD 13. STATE P.ARCEEL 104 foottonatl: BA C. a acres in tact 65.96 O. Owner Paul 8. Luginbuhl and Jim E Luginbuhl USE(S)— - MD _- — E. Will this be the only well on this tract? ❑ YES NO of other welds are an tis as see inspvctiOns) Form GWS -45 (12195) ■ it'ORADO / STATE • r�- DEPARTMENT OF STATE CERTIFICATE li DOl1TA DAVE Secretary of State of the Stare of Colorado, hereby certify that, accatling to the records of this office, NATE SPRINGS SUBDIVISION PROPERTY OWNERS ASSOCIATION, INC (Gokrado NONPROFIT T C RPORATION) Fale # 20021119061 was filed in this office on May 6, 2002 and has connplied with the applicable provisions of the laws of the State of Colorado and on this date is in good standing and authorized and competent to transact business or to conduct its affairs within this state. Dated: ivlarch 14, 2003 For Validation: Certificate ID: 647785 To validate this certificate, visit the following web site, enter this certificate ID, then follow the instructions displayed. www.sos.state.co.usNalidateCertificate SECRETARY OF STATE ■ ■ • DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS FOR NATIVE SPRINGS SUBDIVISION JAMES LUGINBUHL and PAUL LUGINBUHL (hereinafter collectively, "Declarant"), as the owners of Native Springs Subdivision,desiring to insure the development and continuity of said Subdivision as a residential subdivision, in accordance with the Colorado Common Interest Ownership Act (Section 38-33.3-101, et seq., C.R.S.; hereinafter, -'the Act"), for themselves, their successors, legal representatives, assigns and grantees, hereby declare to and for the benefit of all persons who may hereafter purchase and from time to time own land located within the Native Springs Subdivision, that said ownership and holding of title to said land shall be subject to the following covenants, conditions, restrictions and easements, all of which shall be deemed to be appurtenant to and to run with the land comprising the Subdivision as described in Exhibit A attached hereto, and inure to the benefit of and be binding upon the owners of said lands or any portion thereof, their heirs, successors and assigns. ARTICLE I DEFINITIONS The following words when used in this Declaration or any supplement or amendment hereto, unless inconsistent with the context of this Declaration, shall have the following meanings: 1. Association. The term "Association" shall mean and refer to the Native Springs Subdivision Property Owners Association, Inc., and its successors and assigns. The Association shall be a nonprofit corporation formed and incorporated under the laws of the State of Colorado for the purpose of serving and operating as the property owners' association for the Subdivision. The Association shall be governed by: this Declaration; by its Articles of Incorporation; by Bylaws duly adopted in accordance with law; by applicable provisions of Colorado law including but not limited to the provisions of the Act as applicable to a planned community: and by such rules and regulations as the Association may duly adopt from time to time as provided in the Bylaws (hereinafter collectively referred to as "Governing Documents"). Administrative dissolution of the Association as a ministerial act by the Colorado Secretary of State for reasons unintended by the Board (as defined hereinbelow) or otherwise due to administrative oversight, shall not affect the Association's authority. ?. Board. The term "Board" or "Executive Board" shall mean the Board of Directors of the Association. 3. Compton Area. The term "Common Area shall mean a parcel of real property identified on the recorded Plat of the Subdivision as Open Space. Title to the Common Area shall be held in ownership by the Association as trustee for the benefit of all Owners of Lots in Native Springs Subdivision. The Common Area is a Common Element as defined hereinbelow. 4. Common Elements. The term "Common Elements" refers to all interests in real property and improvements thereon located within the Subdivision and owned by the Association for the benefit of the Lot Owners, including, without limitation, the Common Area and easements reserved an the Plat and/or in this Declaration For the benefit of the Association. "Common Elements" does not Declaration of Covenants. Conditions, Restrictions and Easements for Native Springs Subdivision Page 1 • • include the Lots. "Common Elements' specifically includes but is not limited to all right, title and interest in the fire protection water well serving the Subdivision, equipment and fixtures appurtenant thereto, and all fire protection water storage tanks installed for the benefit of the Association. Title to ail Common Elements shall be held by the Association as trustee for the benefit of all Owners of Lots in the Subdivision. The Association, subject to the rights and obligations of the Lot Owners set forth in this Declaration, shall be responsible for the management and control of the Common Elements. 5. Common Expenses. The term "Common Expenses" means: (i) all expenses declared to be common expenses under this Declaration, under the Bylaws, or under a rule or regulation duly adopted by the Board; (ii) all expenses of administering, servicing, conserving. managing, improving, maintaining, repairing, or replacing the Common Elements; (iii) all expenses incurred or to be incurred by the Association in fulfilling its obligations or functions under the Governing Documents: (iv) insurance premiums for insurance carried by and for the Association; and (v) all expenses incurred by the Association to promote or protect the health, safety and welfare of the Lot Owners. 6. Declaration. "Declaration" means and refers to this Declaration of Covenants, Conditions, Restrictions and Easements for Native Springs Subdivision, and all amendments and supplements duly adopted from time to time. 7. Governing Documents. The term "Governing Documents" has the meaning set forth in Section 1. 8. Improvements. The term ``improvements" shall mean: all buildings: fences; walls; poles; antennae; driveways: sidgns; changes in any exterior color or shape of a structure (including fences); excavation and all other site work, including, without limitation, grading, roads. utility improvements (lines, connections, valves. and fixtures), infiltrators, irrigation systems, and removal of trees. The term "improvements" includes both original improvements and all later changes and improvements. 9. Lot. Declarant has divided the lands that comprise the Subdivision into a planned community by creating separate lots that are identified on the Plat by numerical designation as Lots 1 through 1 1. Lots are not Common Elements although one or more Lots may be encumbered by Common Elements (such as easements reserved for the benefit of the Association). The Common Area is not a Lot. The maximum number of Lots to be created in the Subdivision is eleven. Each Lot may be developed for residential purposes in accordance with standards and restrictions applicable to a particular Lot as contained in this Declaration, any supplement or amendment hereto, the Plat, any amendment or supplement thereto, and the Garfield County Zoning Code and Subdivision Regulations. For the purposes of the Act, "Lot "' shall carry the same meaning as "Unit." 10. Owner. The term ''Owner" of "Lot Owner" means the owner(s), whether one or more persons or entities, of fee title to one or more Lot(s) within the Subdivision. "Owner" excludes those having an interest in a Lot merely as security for the performance of an obligation. unless and until such person has acquired fee title to the Lot pursuant to foreclosure or other proceedings. 1 1. Plat. "Plat" means the Final Plat of Native Springs Subdivision tiled of record with the Clerk & Recorder for Garfield County, Colorado, under Reception No. , as the same may be duly amended and/or supplemented from time to time. The Plat and all terms, provisions, notes, covenants, conditions. restrictions. and easements noted thereon are incorporated into this Declaration by Declaration of Covenants. Conditions. Restrictions and Easements jOr Native Springs Subdivision Page 2 • this reference as if set forth verbatim herein. Any contract of sale, deed, lease. mortgage, deed of trust, will or other instrument affecting a Lot may describe the Lot as follows or substantially similar thereto: Lot . Native Springs Subdivision, County of Garfield, State of Colorado. according to the Plat thereof recorded under Reception No. , and the Declaration of Covenants. Conditions, Restrictions and Easements for Native Springs Subdivision recorded , 2003, in Book at Page , as the same may be amended, in the Office of the Clerk and Recorder of Garfield County. Colorado (with the appropriate information inserted in place of the blanks set forth above). 12. Residential Purpose. The term "Residential Purpose" as used herein shall mean the use of a Lot and improvements thereon as a dwelling place (and accessory dwelling unit) and for purposes incidental to such dwelling places but shall exclude apartment houses, condominiums and other multi -unit dwelling structures. Rental of any dwelling unit on a Lot is permissible but any and all leasehold rights in a Lot or structure thereon granted to any person(s) or entity shall be subject to the Governing Documents of the Association. 13. Subdivision. Whenever the term "Subdivision" is used in this Declaration, it shall mean all the lands included within Native Springs Subdivision as described on the Plat. all of which is located in Garfield County, Colorado. ARTICLE 1f1 NATIVE SPRINGS SUBDIVISION PROPERTY OWNERS' ASSOCIATION 1. Members; Allocation of Interests. Every person or entity (other titan the Association) who is a Lot Owner. by virtue of such ownership interest in one or more Lot(s), shall automatically become a member of the Association upon acceptance of a deed for such Lot(s). The Owners) of each Lot shall be entitled to one (1) vote for each Lot owned and shall be liable to pay assessments on the basis of 1/1 1 of all annual and special assessments for each Lot owned. Votes may not be cast in fractions. Title to a Lot may be held individually or in any form of concurrent ownership recognized in Colorado. In case of concurrent co -ownership of a Lot, the co-owners of such Lot shall agree amongst themselves how to share the rights and obligations of such ownership but all such persons and/or entities shall be jointly and severally liable for payment of all assessments and performance and observance of all of the duties and obligations of an Owner hereunder with respect to the Lot(s) owned. 2. Authority. The business affairs of the Association shall be managed by the Board in accordance with the provisions of the Governing Documents and the Act. as the same may be duly and properly amended from time to time. 3. Powers. The Association shall have all of the powers, authority and duties permitted pursuant to the Act necessary and proper to manage the business and affairs of the Subdivision, including, without limitation, the authority to retain a managing agent For the Association. 4. Declarant Control. The Declarant shall have all the powers reserved in Section 38-33.3- 303(5) of the Act to appoint and remove directors and officers of the Association during the period of Declarant control. Declaration of'Covenants. Conditions, Restrictions and Easements lbr Native Springs Subdivision Page 3 • • 5. Voting. Voting in the Association shall be based on one vote per Lot. Members shall be of one class. (a) If only one of several co -Owners of a Lot is present at a meeting of the Association, the Owner present is entitled to cast the vote allocated to the Lot. Co -Owners of a Lot may not cast fractional votes. If more than one of the co -Owners of a Lot are present at a meeting of the members of the Association, the vote allocated to the Lot may be cast only in accordance with the agreement of a majority in interest of the co -Owners of such Lot. There is majority agreement if any one of the co -Owners casts the vote allocated to the Lot without protest being made promptly to the person presiding over the meeting by another co -Owner of the Lot, in which case such Member's vote shall not be counted. (b) The vote allocated to a Lot may be cast under a proxy duly executed by the Owner(s) of the Lot, provided that any proxy shall be filed with the Secretary of the Association at or before the time the meeting at which the proxy is to be used is called to order. If a Lot is owned by more than one person or entity, each Owner of the Lot may vote or register protest to the casting of votes by the other Owners of the Lot through a duly executed proxy. A member of the Association may revoke a proxy given under this section only by actual notice of revocation to the person presiding over the meeting of the Association. A proxy is void if it is not dated or purports to be revocable without notice. A proxy terminates one year after its date, unless it specifies a shorter term. (c) The vote of a corporation, limited liability company, partnership or other entity qualified to own real property may be cast by any person providing satisfactory evidence of such person's authority to act on behalf of such entity in the absence of any contrary notice by such entity. The chairperson of the meeting may require reasonable evidence that a person voting on behalf of such entity is qualified to vote. 6. Quorum. A quorum for the purposes of acting by the members of the Association shall consist of no less than twenty -Five percent (25%) of the votes in the Association entitled to be cast as represented by Owners who are then present in person or by proxy at a meeting. 7. Action By Majority Vote of Members. The vote of a majority of the members present in person or by proxy at a meeting at which a quorum is established shall be binding upon all members of the Association for all purposes except in those instances where a vote by a larger percentage of members is required under the Governing Documents or under the Act. 8. Executive Board. The Board of Directors of the Association shall consist of no less than three (3) and no greater than five members of the Association, as determined year to year by the members at their annual meeting. All directors shall be natural persons over the ave of eighteen (18) years and Lot Owners. The election of directors, term of office, and provisions governing the meetings and actions of the Board shall be set forth in the Bylaws of the Association. which shall not conflict with the provisions of this Declaration. In the event of a conflict between the terms of this Declaration and the terms of any other Governing Document, the terms of this Declaration shall control. ARTICLE III ARCHITECTURAL CONTROL Declaration of Covenants. Conditions, Restrictions and Easements for Native Springs Subdivision Page 4 • • 1. Plan Submittals. Before any person or entity shall commence the construction, remodeling, addition to, or alteration of any Improvements whatsoever on any Lot. there shall be submitted to the Board two (2) complete sets of the plans and specifications for said work, and no structure or improvement of any kind shall be erected, altered, placed or maintained upon any Lot unless and until the final pians. elevations and specifications therefore have received written approval as herein provided. The plans and specifications shall be submitted to the Board and written approval received from the Board prior to application for a building permit from Garfield County (or other public entity having jurisdiction thereof). Such plans and specifications shall meet all "Specific Requirements and Restrictions" set forth in this Article and shall also include plot plans showing the location on the Lot of the Improvement(s) proposed to be constructed, placed, altered or maintained, and the elevations of same, together with the proposed materials and color schemes for roofs and exterior surfaces. The Board shall have the right to refuse approval of any plans or specifications that are not compliant with the terms and provisions of this Declaration and with "Residential Architectural Design and Minimum Construction Standards" adopted by the Declarant for the Subdivision, as the same may be amended or supplemented from time to time. Such `'Residential Architectural Design and Minimum. Construction Standards" may be amended or supplemented after expiration of the period of Declarant control only upon the affirmative vote of no less than seventy-five percent (75%) of the Lot Owners. 2. Specific Requirements and Restrictions. Plans and specifications submitted to the Board for review pursuant to this Article shall include: (a) Site Specific Studies. A site-specific study for development of a Lot shall be completed by a professional engineer registered under the laws of the state of Colorado. Each study shall include a grading and drainage plan, a design for an individual sewage treatment system meeting state guidelines and/or requirements, a foundation design, and an underdrain system design. All costs and expenses of such study shall be the responsibility of the Lot Owwner. (b) Grading & Drainage Plan. A grading and drainage plan prepared by a professional engineer registered under the laws of the state of Colorado. as required under the foregoing subparagraph, shall provide for positive drainage away from building improvements and for protection of the established irrigation ditch depicted on the Plat to prevent erosion and sedimentation on Lots 1, 3 and 11. (c) Approval of individual Fire Sprinkler Systems. All Board approvals granted pursuant to this Article by any means are conditional upon final approval ()Utile Rifle Fire Protection District for individual fire sprinkler systems. (d) Sewage. Conventional individual sewage disposal systems (` 1SDS„) are prohibited. An individual sewage treatment system ("ISTS”) shall be required for sewage disposal in connection with development of each Lot. and the plans and specifications for such ISIS. including proposed location on the Lot, shall be submitted to the Board. Each ISTS must conform with the standards set forth below in this Declaration, with state and county guidelines and requirements in effect at the time of installation, and shall be maintained in accordance with such standards and requirements. The costs and expenses of the ISTS shall be the responsibility of the Lot Owner, Materials submitted for review by the Board that fail to comply with the foregoing special requirements and restrictions shall be deemed incomplete per se and automatically disapproved by the Declaration of Covenants, Conditions. Restrictions and Easements for Native Springs Subdivision Page • • Board without the necessity of further action by the Board, notwithstanding any other provision of this Article. 3. Method of Approval. Except as otherwise provided above for automatic disapproval of incomplete submissions, the Board shall approve or disapprove, in writing. plans and specifications within thirty (30) days after the Association's receipt ofa complete set of materials, in duplicate, from the Lot Owner seeking approval (or its authorized agent). Plans shall be submitted to the President or the Secretary of the Association. One (1) set of said pians and specifications, together with a copy of the Board's written approval or disapproval, shall be retained by the Association for a period of five (5) years. In the event no action is taken by the Board to approve or disapprove such plans and specifications within the thirty (30) day period, the requirement of Board approval for said plans and specifications shall be deemed waived, EXCEPT there shall be no waiver with respect to plans and specifications that fail to comply in full with the specific requirements and restrictions set forth in the foregoing paragraph 2 of this Article Ill. 4. No Liability. Neither the Declarant nor the Association nor any member, officer, director, employee, manager, representative or agent thereof shall be responsible to any person or entity in any manner whatsoever for any defect or deficiency in any plans or specifications submitted to or approved by the Board, nor for any construction or work done thereafter. ARTICLE IV ASSESSMENTS i . Creation of Association Lien and Personal Obligation to Pay Assessments. Declarant, for each Lot, hereby covenants, and each Lot Owner, by acceptance of a deed therefore, whether it shall be so expressed in any such deed or not. is deemed to covenant and agree to pay assessments levied by the Association in accordance with this Declaration. For each Lot owned, the Owner(s) of such Lot(s) shall be obligated to pay one -eleventh (1 11 1) of all annual and special assessments duly levied and imposed against all Lots by the Association. Assessments may be levied for Common Expenses, including but not limited to: maintenance, repair. and improvement of the Common Elements (including the roadway designated on the Plat as `'Native Springs Drive"'): payment of expenses for maintaining and improving fire protection andlor irrigation water; expenses of maintaining and repairing onsite water detention facilities, if any: maintaining and replacing landscaping and/or revegetation of the Common Elements as may be required by the County and as the Board may otherwise deem necessary; taxes; utility charges for the Common Elements; insurance premiums; management fees; snow removal for Native Springs Drive; and all other costs and expenses incurred in the operation of the Association and the performance of its various functions as set forth herein. in the other Governing Documents, or as required by law. 2. Annual Assessments. Annual assessments shall be based upon an annual budget that includes advance estimates of cash requirements for the Association to provide for the payment of all estimated expenses arising from, or connected with, the functions of the Association as set forth herein and any other expenses and liabilities that may be regularly incurred by the Association for the benefit of the Lot Owners. and reasonable reserves for capital improvements. Annual Assessments shall be payable each year in advance and shall be due in equal installments on the first day of each month, calendar quarter or year, as determined by the Board in its discretion. The omission or failure of the Association to fix the Annual Assessments for any assessment period shall not be deemed a waiver, modification or Declaration ofCovenants. Conditions. Restrictions and Easements _lor Native Springs Subdivision Page 6 • release of the Owners from their obligation to pay the same. The Association shall have the right. but not the obligation, to make prorated refunds of any Annual Assessments in excess of the actual expenses incurred in any fiscal year. In the alternative. the Board may elect to allocate any such excess Assessments to an Association working capital fund or to an Association reserve fund. 3. Special Assessments. In addition to the annual assessments authorized by this Article, the Board may levy a special assessment. payable over such a period as the Board may determine, for the purpose of defraying, in whole or in part. the cost of any construction or reconstruction. unexpected repair or replacement, or for any other expense, including a capital expense, incurred or to be incurred as provided in this Declaration or the other Governing Documents. Any such special assessment shall be paid in the same allocation per Lot as annual assessments. 4. Default Assessments. Any expense incurred by the Association pursuant to the Governing Documents as a consequence of an Owner's violation of any of the provisions of the Governing Documents or failure to comply therewith. or for damage or loss caused to the members through or by the negligent or willful act or omission of an Owner or an Owner's guest, invitee, licensee, lessee, employee or agent, and any monetary fine assessed against an Owner, shall be known as a "default assessment." Default assessments may be assessed against a Lot Owner by the Board and shall become a lien against such Owner's Lot which may be foreclosed or otherwise collected as provided in this Declaration. Notice of the amount and due date of such default assessment shall be sent to the Owner subject to such assessment no less than thirty (30) days prior to the due date. Prior to the assessment of a monetary fine for violation(s) of the Governing Documents. the Board shall provide the Lot Owner with a reasonable opportunity to be heard by the Board. 5. Adoption of Budget. Within ninety (90) days after the adoption of the annual budget, the Board shall mail a summary of the budget to all Lot Owners and shall set a date for a meeting of the Lot Owners as members of the Association to consider ratification of the budget not Less than fourteen (14), nor more than sixty (60), days after mailing of the summary. Unless at the meeting seventy-five percent (75%) of all Lot Owners reject the budget, the budget shall be deemed ratified whether a quorum is present or not. En the event the proposed budget is rejected, the budget tast ratified by the Lot Owners shall be continued until a subsequent budget is proposed and ratified. 6. Notice of Assessments. The Association shall give written notice to each Lot Owner, mailed to such Owner's mailing address as it appears on the records of the Association. as to the amount of each annual assessment on or before twenty (20) days prior to the date upon which the assessment shall be due and payable. Successive monthly or quarterly notices shall not be required when the Board has determined that annual assessments may be paid in monthly or quarterly installments. Failure of the Association to give timely notice of the annual assessment amount shall not affect the liability of the Lot Owner for such assessment. but the date when payment shall become due and payable in such case shall be deferred to a date twenty (20) days after such notice shall have been given. Except as otherwise determined by the Board, notice of special assessments shall be in accordance with the procedures set forth herein for annual assessments or in accordance with such other procedures as may be determined by the Board. All assessments shall bear interest at the rate of eighteen percent (18%) per annum from due date until paid, together with such late charges as the Board may adopt. 7. Enforcement of Assessments. Any assessment or assessment installment, whether pertaining to an annual, special or default assessment, that is not paid within ten (10) days after its due Declaration of Covenants, Conditions, Restrictions and Easements for ,Vative Springs Subdivision Page 7 • • date shall be delinquent and the Owner shall be deemed in default of this Declaration. If an assessment installment becomes delinquent, the Board, in its sole discretion, may take any or all of the following actions, or any combination thereof: (a) Assess a late charge for each delinquency in such amount as the Board deems appropriate; (b) Assess an interest charge from the date of delinquency at the rate of eighteen percent (18%) per annum; (c) Suspend the voting rights of the delinquent Lot Owner(s) during any period of delinquency: (d) Accelerate all remaining assessment installments so that unpaid assessments for the remainder of the fiscal year shall be due and payable at once; (e) Bring an action at law against any or all Owner(s) personally obligated to pay the delinquent assessments; and (f) Proceed with lien foreclosure as set forth below. Assessments chargeable to any Lot shall constitute a lien on such Lot. The Association may institute foreclosure proceedings against the defaulting Owner's Lot in the manner for foreclosing a mortgage on real property under the laws of the State of Colorado. In any proceeding to collect delinquent assessments and/or to foreclose the Association's lien, the Owner(s) shall be liable for: the amount of unpaid assessments; for any penalties, late charges and interest thereon: for the costs and expenses of such proceedings: for the cost and expenses of tiling the notice of the claim and lien: and for all reasonable attorneys' fees incurred in connection with the enforcement of the lien. Multiple Owners of a Lot shall be jointly and severally. liable. The Lot Owner shall be required to pay the Association any assessments against the Lot which become due during the period of foreclosure and these assessments shall be automatically included in the amount of the lien. The Association shall have the power to bid on the lot at the foreclosure sale and to acquire and hold, convey. lease. encumber. use or otherwise deal with the Lot. The pursuit of any course of action as a means of collecting or enforcing an assessment shall not be deemed to waive the right of the Association to pursue any other method, either at the same time or subsequently. No Owner may exempt himself from liability for his contribution toward any assessment by waiver of the use or enjoyment of any benefit of Lot ownership of Association membership or by abandonment of his Lot. The Board shall be responsible for collecting and enforcing any delinquent assessment(s) and. regardless of the means it employs to do so (whether directly or by delegation), the Lot Owner(s) or other person(s) responsible for payment of assessments shall pay the attorney's fees and costs incurred by the Association in collecting and enforcing the assessment. 8. Personal Obligation of Lot Owner and Purchaser. All sums assessed by the Association against a Lot, together with interest. late charges. attorney's fees and costs. if any. shall be a personal obligation of the Owner(s) of the Lot assessed, jointly and severally, and shall also constitute a Declaration of Covenants. Conditions, Restrictions and Easements,for Native Springs Subdivision Page 8 a • lien on the Lot assessed, which lien shall be superior and prior to all other liens and encumbrances, excepting only: (a) liens and encumbrances recorded before the recordation of this Declaration; (b) a security interest on the Lot which has priority over all other security interests on the Lot and which was recorded before the date on which the assessment sought to be enforced became delinquent; provided, however. the lien created by this paragraph shall be prior to such security interest to the extent of the assessments based on the budget of the Association which would have become due, in the absence of any acceleration, during the six (6) months immediately preceding institution by either the Association or any party holding a lien senior to any part of the Association's lien created under this paragraph of an action or a nonjudicial foreclosure either to enforce or to extinguish the lien; (c) liens for real estate taxes and other governmental assessments or charges against the Lot; Recording of this Declaration shall constitute record notice and perfection of the lien of the Association. No further recordation of any claim of lien for assessments shall be required. A lien created under this paragraph, however. shall be extinguished unless proceedings to enforce the Iien are instituted within six (6) years after the full amount of the assessments become due. 9. Statement of Unpaid Assessments. The Association shall furnish to a Lot Owner or such Lot Owner's designee. or to a holder of a security interest or its designee. upon written request delivered personally or by certified nail, first class, postage prepaid. return receipt to the Association's registered agent, a written statement setting forth the amount of unpaid assessments currently levied against such Owner's Lot. The statement shall be furnished within fourteen (14) calendar days after receipt of the request and is binding on the Association, the Board of Directors and every Lot Owner. If no statement is furnished to the Lot Owner or holder of a security interest or their designee, delivered personally or by certified mail. first class, postage prepaid. return receipt requested. to the inquiring party, then the Association shall have no right to assert a lien upon the Lot for unpaid assessments which were due as of the date of the request. 10. Working Capital Fund. The Declarant shall require the first Owner of each Lot. other than Declarant. to make a nonrefundable payment to the Association in the amount of Two Hundred and no/100 Dollars. U.S. (S200.00). All of such sums shall be held by the Association and maintained in a segregated account for the use and benefit of the Association including but not limited to payment of unforeseen expenses of the Association. Such payment shall not be deemed to be prepayment of any assessment but shall be deemed a payment to the working capital fund of the Association and shall not relieve any Owner from making payment of annual, special or default assessments as the same become due. Payment to the working capital fund shall be due on the first conveyance of each Lot to any Owner other than the Declarant. No Owner making a payment to the working capital fund under this section shall be entitled to a credit or refund from the Association or the Declarant for the payment to the working capital fund upon subsequent conveyance of said Owner's Lot. ARTICLE V ANIMALS 1. Household Pets. Declaration of Covenants. Conditions. Restrictions and Easements for Native Springs Subdivision Page 9 • (a) As required by County land use regulations, no more than one (1) dog shall be allowed for each dwelling unit permitted on a Lot within the Subdivision and the dogs) shall be required to be confined within the Owner's property boundaries with enforcement provisions as set forth below, including but not limited to removal of a dog from the Lot as a final remedy for violations under this Declaration. (b) All household pets of any type shall be subject to reasonable rules and regulations adopted by the Board. (c) Any dog kept by an Owner shall be confined to an Owner's Lot by an above- ground fence; electronic containment system; kennel; tether attached to a fixed, immovable object (the length of which shall not allow the dog to trespass on another resident's Lot); or a leash. Areas where a Lot Owner keeps pets shall be kept clean and free of refuse and waste. (d) Pets shall be on a leash and under the control of the pet owner when off the Lot and not allowed to run freely outside of the Lot. (e) No commercial breeding activities of any kind shall be permitted within the Subdivision. (f) Pets shall not be allowed to chase or molest wildlife or any domestic animals or persons, destroy or disturb property of another. or threaten public safety. (g) All pets shall be licensed as required by law. (h) Dogs shall not be allowed to bark continuously. which shall be defined as barking for a fifteen (1 5) minute period or longer. (i) Each Lot Owner and its guests, invitees. licensees, lessees. employees and agents shall be responsible for assuring compliance with the provisions set forth herein, and in rules and regulations adopted by the Board. Lot Owners shall be responsible for any and all costs associated with the enforcement of these provisions and rules and regulations adopted pursuant hereto. (j) Notwithstanding the foregoing, no pet may be kept at a Lot which, in the good faith judgment of the Board, presents an unreasonable risk of harm to the other Lot Owners within the Subdivision. 2. Livestock. The only livestock allowed in the Subdivision shall be horses and cattle. Lot Owners are entitled to keep a limit of three (3) head of livestock on each Lot owned. Hay stored on a Lot shall be secured by a tarp, stored in a structure or fenced. 3. Disposal of Animal Carcasses. Each Lot Owner shall be responsible for the removal and disposal of all animal carcasses on a Lot (e.g., deer, raccoons). The Association shall be responsible for the removal and disposal of all animal carcasses located in the Common Area or in or along the access road designated as Native Springs Drive. Declaration of'Covenants. Conditions. Restrictions and Easements for Native Springs Subdivision Page 10 4. Colorado Division of Wildlife. The Association, the Board. and each Lot Owner hereby waives and holds the Colorado Division of Wildlife harmless from any and all claims for damage to landscaping improvements, fencing, ornamental and native plants, and garden plants caused by the activities of wildlife. S. Enforcement. (a) Any Lot Owner violating any of the covenants, conditions and/or restrictions set forth in this Article, or responsible for a violation hereof, shall be entitled to written notice of such violation from the Board before any fine for violation may be assessed or other remedial action pursued. The Board shall hand deliver such notice to the Lot Owner(s) or mail such notice via certified mail, return receipt requested. (b) If said violation is not corrected or a second violation of the same type occurs within ten (10) calendar days after the Lot Owner's receipt of the Board's notice of violation (or such reasonable time as necessary for the Owner to correct the violation, in the sole determination of the Board), a fine in such amount as is determined by the Board in its sole discretion may be assessed. `'Receipt" oldie Board's notice, for the purpose of this subsection, shall mean the date notice is actually received, or the date notice is refused or returned to the Association as unclaimed, if sent via certified mail. (c) Upon the occurrence of a subsequent violation of the same type the Board may take such further action as is reasonably necessary to cause the violation to cease, including entry upon the Owner's Lot. (d) Each violation of this Article (or any reasonable rules or regulations adopted by the Board), even if based on the same situation or animal, shall be considered a separate offense for the purpose of enforcement. (e) Fines assessed pursuant to this Article shall constitute default assessments against the Lot Owner and shall be due and payable no later than thirty (30) days after the date of the notice. (f) Fines assessed and collected under this Article may be applied to the costs incurred by the Association to administer and enforce this Declaration or anv rules or regulations adopted by the Board. ARTICLE VI GENERAL RESTRICTiONS ON USE I. Zoning Regulations. No Lot or lands within the Subdivision shall be occupied or used by or for any structure or purpose or in any manner contrary to the applicable zoning regulations of Garfield County, Colorado. Accessory Dwelling Units ("ADUs") shall be permitted on any Lot at least four (4) acres in size so long as each ADU otherwise complies with the architectural control process and procedures set forth in this Declaration and with the standards applicable to ADU's set forth in the Garfield County Zoning Regulation of 1978, as amended. Declaration of Covenants. Conditions. Restrictions and Easements for Native Springs Subdivision Page l l • • 2. Resubdivision. No Lot shall be resubdivided into smaller lots or tracts nor conveyed or encumbered in any less than the full original dimensions as shown on the Plat. 3. Business, Commercial or Trade Uses. No Lot or lands in the Subdivision shall be occupied or used for any commercial. business or trade purpose and nothing shall be done or permitted on any of said Lots or lands which is a nuisance to the members of the Association, with the exception, however, that the use of a portion of the lands for marketing and sale of Lots by the Declarant shall be permitted. Use of a dwelling unit or outbuilding associated with a dwelling unit for a "home-based" business purpose is permitted provided such use is not observable from other lots and does not generate vehicular traffic or noise constituting an annoyance, distraction or nuisance to other Lot Owners. 4. Signs. Each Lot Owner shall be responsible for posting the designated street address number for such Lot so as to be clearly visible from the access road designated as Native Springs Drive and for maintaining such posted sign. No advertising or other signs of any character shall be erected, placed, permitted or maintained on any Lot or structure within the Subdivision other than one (1) "For Sale" or "For Rent" sign not to exceed two (2) feet by three (3) feet in size approved by the Board and a name plate and street number of the occupant. The Association shall be responsible for maintaining,. repairing and/or replacing signs that mark the access road designated as "Native Springs Drive" at such reasonable locations within the Subdivision as the Board shall determine, and the cost of such signs shall be a Common Expense. S. Fences. The maximum height of fences shall be forty-two (42) inches. All rail fences and 3 -strand wire fences shall have a twelve (12) inch separation between the top two rails or wires. Catch corral fences enclosing less than five thousand (5.000) square feet of area are exempt from these fencing standards. Chain link fences up to eight (8) feet high are permitted for the purpose of kenneling a dog. An eight (8) foot high privacy fence may be used to enclose a contiguous area of not more than two thousand (2,0100) square feet when located immediately adjacent to a dwelling unit. Prior to construction of any fence. plans shall be submitted to the Board for approval pursuant to Article ill. 6. Storage and Trash. No above ground oil, gas or water tanks shall be permitted on any Lot. No storage of junk automobiles, machinery, equipment, appliances, junk piles, scrap piles or other materials shall be permitted on any Lot except in an enclosed structure. Garbage and trash shall be secured in receptacles which shall be kept in a sanitary condition and comply with recommendations as may be made from time to time by the Colorado Division of Wildlife. No grass. shrub or tree clippings, refuse, garbage, trash, plant waste, scrap, rubbish, or debris of any kind shall be kept, stored. maintained or allowed to accumulate or remain on any Lot except temporarily within an enclosed structure within the building envelope. 7. Underground Utility Lines. All utility pipes and lines within the limits of the Subdivision must be buried underground and may not be carried on overhead poles nor above the surface of the ground. All such services must be buried underground from the point where said utilities take off from transformers and terminal points supplied by the developer. Declaration o,lCovenants. Conditions. Restrictions and Easements /or Native Springs Subdivision Page 12 • • 8. Construction of Dwelling Unit. All construction, whether new or for alteration, renovation or remodeling. shall be prosecuted diligently, and each building. structure. alteration or improvement which is commenced on any Lot shall be completed within nine (9) months from the commencement of construction. "Commencement of construction" shall mean the date a building permit is issued by the Garfield County Building and Planning Department or, if no permit is required under county regulations, such time as the surface of the Lot is disturbed or otherwise prepared for construction. No persons may live in or use as a dwelling place a partially constructed building. In the event of a breach of this covenant, the Declarant and/or the Association shall have the right to complete construction of any uncompleted building, structure or improvement at the cost and expense of the Owner, which cost and expense shall become a lien against the Lot the same as a lien for assessments and which may be enforced as a default assessment. 9. Temporary Structures. No tent, garage, outbuilding or residential trailer of a temporary nature shall be placed or erected upon any part of a Lot in the Subdivision: provided. however, that during the actual construction of an approved improvement on a Lot, a temporary building for the storage of construction -related materials may be erected and maintained by the Lot Owner or its agent. 1 0. Towers and Antennas. Except as otherwise permitted by law. no towers or radio and television antennae shall be erected or permitted to remain on a Lot, except that television antennae and/or satellite dishes attached to a dwelling unit may project to the extent permitted by law. 1 1. Cleanliness and Unsightly Growth. Each Lot shall at all times be kept in a clean, slightly and wholesome condition. No trash. litter, junk, boxes. containers. bottles. cans. implements, machinery, lumber or other materials shall be permitted to remain exposed on any Lot. 11. Motor Homes, Recreational Trailers and Boats. Motor homes. recreational vehicles, camping trailers. fifth wheel trailers, travel trailers, truck campers and boats shall be stored or parked in either an enclosed structure on a Lot or in an area of a Lot screened from view of other Lot Owners. 13. Fireplaces and Stoves. No open hearth, solid fuel devices are permitted anywhere within the Subdivision. All dwelling units are permitted an unrestricted number of natural gas burning fireplaces or appliances. All dwelling units are permitted one (1) new wood -burning stove as defined by C.R.S. Section 25-7-401. et. seq., and regulations promulgated thereunder. 14. ISTS Operation and Maintenance Standards. (a) Responsibility. An individual sewage treatment system ("ISTS-) meeting standards approved by the Colorado Department of Public Health and Environment shall be the only permissible method for sewage disposal on each Lot. Individual sewage disposal systems (" ISDS") are not permitted on any Lot in the Subdivision. Each ISTS shall be served by a subsurface absorption field. Release of treated water from an ISTS directly into surface water drainages is strictly prohibited. All ISTS's are subject to inspection by the State and the County. The Lot Owner shall be responsible for installation of an engineered ISTS and subsurface absorption field on its Lot. The Owner and the person in possession of a Lot upon which an ISTS and absorption field are located shall be jointly and severally responsible for bi-annual testing, operation, maintenance and repair of the ISTS. (b) Service Label. For an ISTS under a service policy, a clearly visible. permanently attached label or plate displaying instructions for obtaining service shall be placed at a conspicuous location, Declaration of Covenants. Conditions. Restrictions and Easements for !Native Springs Subdivision Page 13 • • (c) Maintenance and Cleaning: Each Lot Owner shall be responsible for assuring that the ISTS serving their Lot is tested hi -annually, with records of test results maintained for inspection upon request of state or county representatives. When directed by the state or county public health authority, for the purpose of assuring compliance with applicable state andlor county rules and regulations, the Owner of a Lot served by an ISTS shall notify said state or county public health authority upon completion of testing, maintenance or repairs and submit evidence of compliance with any testing, maintenance and cleaning schedule in the form and as the authority requires. The state or county public health authority may adopt rules and regulations for the scheduling of testing, maintenance and cleaning of ISTS's and practices adequate to assure proper functioning of acceptable systems, and may require proof of proper testing, maintenance and cleaning pursuant to any such schedules and practices, to be submitted periodically to the state or county public health authority by the Lot Owner or occupant. (d) Monitoring and Sampling: (i) Each Owner or occupant of a Lot shall permit additional periodic testing of the ISTS serving such Lot by the state or local public health authority, in order to assure compliance with applicable rules and regulations. Such testing may also be performed as permitted under applicable Law by an authorized public health officer in conjunction with investigative or enforcement action, (ii) Any Owner or occupant of a Lot on which an (STS is Located may request the state or local public health authority to test the ISTS at the Owner's expense. The county health department may perform testing services on behalf of the state. (iii) Each Lot Owner shall be responsible for the costs and expenses associated with testing, and any maintenance, repair andlor replacement of the (STS indicated by such testing. (e) Disposal of Waste Materials. Disposal of waste materials removed from an ISTS in the process of maintenance, repair or cleaning shall be accomplished at a site approved by state and county public health officials in a manner which does not create a hazard to the public health, a nuisance or an undue risk of pollution and which complies with state and Local rules and regulations applicable to ISTS's. (f) No Discharge Permitted, No sewage or effluent shall be permitted to be discharged from an ISTS into or upon the surface of the ground or into state waters. (g) Termination of Use of System, The contents of an ISTS, the use of which has been terminated, shall be properly disposed of whereupon the emptied ISTS facility shall be secured or removed and disposed of as required by state andlor county public health authorities with jurisdiction over ISTS's. 15, Weed Control / Vegetation Management Plan. The Association and each Lot Owner shall implement, follow and administer a program of noxious weed control within the Subdivision that shall address the control and elimination of Canadian Thistle and other plant species included on the Garfield County Noxious Weed List. In general, the weed management plan shall consist of the following components: Declaration of Covenants, Conditions, Restrictions and Easements for Native Springs Subdivision Page 14 • • (a) Prevention and Control: Prompt revegetation of disturbed areas with weed free grass seed and the maintenance of native or introduced vegetation in a healthy, vigorous condition producing optimum vegetative densities. Only hay certified as weed free shall be used. (b) Inventory: The Association shall inspect each Lot no less than annually to identify any infestations of noxious weeds. An accurate record shall be kept of the application and success of weed infestation eradication efforts. (c) Eradication: Elimination of noxious weeds shall be achieved through; i. Mechanical Controls: physically removing the entire weed plant or eliminating the plant's ability to produce seed. ii. Biological Controls: reliance on organisms (insects or plant pathogens) to interfere with weed growth. iii. Chemical Controls: application of herbicides to eliminate weeds. Special care shall be used with herbicides to avoid damage to desirable plant species and to avoid contamination of ground water. An effective weed management program may involve all three methods of eradication. Assistance in the development and implementation of a weed management program is available through the Colorado State University Cooperative Extension Service and from the Garfield County Office of Vegetation Management. It shall be the responsibility of each Lot Owner to manage noxious weeds on such Owner's property. In the event an Owner fails to effectively control noxious weeds on their Lot, the Association shall have the right to enter upon any such Lot and conduct a weed control program within the area of such Lot. It shall be the responsibility of the Association to manage noxious weeds on the Common Area and within the area of Native Springs Drive. The Association has obtained a Vegetation Management Plan for Native Springs Subdivision. The Board shall arrange for the Plan to be reviewed from time to time and amended or supplemented as necessary. A copy of such plan, and any amendments or supplements thereto, shall be available for inspection and copying from the Association. The Vegetation Management Plan and all amendments and supplements thereto are incorporated herein by this reference as if set forth verbatim. The Association and all Lot Owners shall implement and follow a program of vegetation management as outlined hereinabove and in said Vegetation Management Plan, as the same now exists or may be amended or supplemented from time to time. 16. Water Usage. Each water well within the Subdivision is subject to well permit conditions established by the Colorado Department of Natural Resources. Division of Water Resources, and each Lot Owner is responsible for complying with the permit conditions applicable to the water well located on such Owner's Lot. All water produced from individual water wells shall be used for domestic purposes only and for irrigation of lawn and garden in an area no greater than 500 square feet. All additional landscape irrigation must be through alternative irrigation water sources obtained by the Association for the benefit of its members or through other lawful sources. In the event of any conflict between the terms of this Declaration and the terms of a well permit for any well located on a Lot, the terms of the well permit shall control. 17. Water Quality Monitoring. Each well shall be constructed in accordance with state rules and regulations governing water well construction. Water quality tests shall be performed based Declaration of Covenants. Conditions, Restrictions and Easements for Native Springs Subdivision Page 15 upon applicable Colorado Department of Public Health and Environment and the Environmental Protection Agency standards for the service level assigned to each well. At a minimum. the Association will select one well within the Subdivision that will be tested on a semi-annual basis for bacteria, nitrates, pesticides and herbicides. 18. Fire Suppression Sprinklers Required. Each dwelling unit shall be equipped with fire suppression sprinklers in accordance with the standards of ASPA 13-R, and all individual fire sprinkler systems shall be subject to final approval by the Rifle Fire Protection District. I9. Wildfire Prevention. The guidelines of the Colorado State Forester for wildfire prevention as presently specified in the pamphlet titled "Wildfire Prevention in the Wildland Urban Interface" prepared by the Colorado State Forest Service (C.S.F.S. 4143-691). or any successor document, shall be followed in the construction of all improvements within the Subdivision. ARTICLE VII EASEMENTS RESERVED I . Platted Easements. Nonexclusive easements and rights of way in perpetuity are hereby reserved by the Declarant for the benefit of the Association and the Lots within the Subdivision across, upon and through all easements shown on the Plat, for the purposes designated on the Plat. With respect to utility easements. such easements are also intended to for the benefit of the Association's utility service providers, and the purposes for which utility easements are reserved shall include. without limitation, construction. installation, maintenance, repair_ improvement and operation of wires. cables, pipes, irrigation structures, conduits and apparatus for the transmission of electrical current. telephone, telecommunications, television and radio lines, and for the furnishing of fire protection water. natural gas, and for the furnishing of other utility purposes, together with the right of entry for the purpose of installing, maintaining and improving said utilities. ?. Emergency Access & Fire Protection. Dedication to the County of the access roadway designated as Native Springs Drive on the Plat is specifically subject to the Declarant's reservation of a perpetual and nonexclusive easement for the benefit of the Association and the Rifle Fire Protection District (and its successors and assigns) for the construction, installation, maintenance. repair, improvement and use of the fire protection water well located within the Subdivision and of fire protection water storage tanks, and apparatus appurtenant thereto, to be located underground beneath the surface of the roadway: and such easement shall include the right of reasonable access to such facilities. Additionally, a perpetual and nonexclusive easement is hereby granted to all police. sheriff, fire protection, ambulance and similar authorized emergency service agencies or persons to enter upon all streets. driveways, parking areas, Common Elements, and upon the lands within the Subdivision for the specific purpose of providing and performing emergency services. 3. Maintenance Easement. A perpetual and nonexclusive easement is hereby reserved by the Declarant for the benefit of the Association and its respective directors. officers. agents, employees and assigns, upon. across. over. in and under the lands within the Subdivision and a right to make such use of the property as may be necessary or appropriate to make emergency repairs or to perform the duties and functions that the Association is obligated or permitted to perforin pursuant to this Declaration or the Act, including the right to enter upon any Lot for the purpose of performing maintenance or repairs that are within the scope of the Association's responsibility. Declaration o/"Covenants. Conditions. Restrictions and Easements for Native Springs Subdivision Page 16 • • ARTICLE COMMON AREA The Common Elements and Common Area shall be owned. operated and controlled by the Board of Directors for the benefit of all Lot Owners. The Association shall not be divested of such right and authority for any reason. No Lot Owner shall bring any action for partition or division of the Common Elements. By acceptance of a deed or other instrument of conveyance or assignment, each Lot Owner shall be deemed to have specifically waived such Lot Owner's rights to commence or maintain a partition action or any other action designed to cause a division of the Common Elements. This Section may be pleaded as a bar to any such action. Any Lot Owner who commences or maintains any such action shall be liable to the Association and shall reimburse the Association for its costs, expenses and reasonable attorneys' fees in defending any such action. The Board may adopt reasonable rules and regulations governing the use of the Common Elements and the Common Area which rules and regulations may be amended and/or supplemented from time to time to provide for such changes in use and operation as the Board deems necessary and appropriate. ARTICLE IX INSURANCE 1. General Insurance Provisions, The Association shall maintain, to the extent reasonably available: (a) Property insurance on the Common Elements for broad form covered causes of loss; except that the total amount of insurance must be not less than the full insurable replacement costs of insured improvements less reasonable deductibles at the time the insurance is purchased and at each renewal date, exclusive of land. excavations, foundations, paving areas. landscaping and other items normally excluded from property policies: and (b) General liability insurance, including, without limitation, medical payments insurance,. insuring the Association, and its officers, members of the Executive Board, and any managing agent, and the employees and agents of the Association and any managing agent against liability for death, bodily injury, slander, false arrest. invasion of privacy and property damage arising out of or in connection with the ownership, existence, management, maintenance and use of the Common Elements and other areas, if any. under the supervision of the Board. Limits of liability shall be determined by the Board and shall be at least 32.000.000.00 per person for any injuries or death sustained by any person in any single occurrence, and at least 32.000,000.00 for property damage resulting from each occurrence. The Board, and its respective agents, officers and employees shall be named as additional insureds. The Declarant shall also be named as an additional insured as its interests may appear. The Owners shall also be named as additional insureds but only for claims and liabilities arising in connection with the ownership, existence, use, maintenance or management of the Common Elements. (c) The Association may carry such other and further insurance as the Board considers necessary or appropriate, including insurance covering the acts, errors or omissions of officers. directors, employees or agents of the Association, contractual liability insurance, or other insurance. 2. Policy Provisions. Insurance policies carried pursuant to the foregoing Section 1 must, to the extent available, provide that: (a) Each Owner is an insured person under the policy with respect to liability arising out of such Owner's membership in the Association: Declaration of Covenants, Conditions. Restrictions and Easements for Native Springs Subdivision Page 17 • (b) Tlie insurer waives its rights to subrogation under the policy against any Owner or member of his/leer household, the Association, or any person claiming by. through. or under any Owner or other director, agent, or employee of the Association: (c) No act or omission by any Owner, unless acting within the scope of such Owner's authority on behalf of the Association, will void the policy or be a condition to recovery under the policy; and (d) If, at the time of a loss under the policy. there is other insurance in the name of an Owner covering the same risk covered by the policy, the Association's policy provides primary insurance. 3. Insurance Proceeds. Any loss covered by the property insurance policy described in Section 1 must be adjusted with the Association, but the insurance proceeds for that loss shall be payable to any insurance trustee designated for that purpose, or otherwise to the Association, and not to any holder of a security interest. The insurance trustee or the Association shall hold any insurance proceeds in trust for the Owners as their interests may appear. Subject to the provisions of the Act, the proceeds must be disbursed first for the repair or restoration of the damaged property, and the Association, Owners and lienholders are not entitled to receive payment of any portion of the proceeds unless there is a surplus of proceeds after the damaged property has been completely repaired or restored or the planned community created by this Declaration is terminated. 4. Association Policies. The Association may adopt and establish written nondiscriminatory policies and procedures relating to the submittal of claims, responsibility for deductibles, and any other matters of claims adjustment. To the extent the Association settles claims for damages to real property, it shall have the authority to assess negligent Owners causing such loss or benefiting from such repair or restoration all or any equitable portion of the deductibles paid by the Association. 5. Insurer Obligation. To the extent the following is available. an insurer that has issued an insurance policy for the insurance described in Section i shall issue certificates or memoranda of insurance to the Association and, upon request, to any Owner. To the extent reasonably available, unless otherwise provided by statute, the insurer issuing the policy may not cancel or refuse to renew it until thirty (30) days after notice of the proposed cancellation or non -renewal has been mailed to the Association and to each Owner to whom a certificate or memorandum of insurance has been issued at their respective last -known addresses. 6. Repair and Replacement. (a) Any portion of the Common Elements for which insurance is required under this Article which is damaged or destroyed must be repaired or replaced promptly by the Association unless: (i) The regime created by this Declaration is terminated; (ii) Repair or replacement would be illegal under any state or local statute or ordinance governing health or safety; (iii) Ninety percent of the Owners vote not to rebuild: or Declaration of `Covenants. Conditions, Restrictions and Easements for Native Springs Subdivision Page 18 • • (iv) Prior to the conveyance of any Lot to a person other than Declarant, the party holding a deed of trust or mortgage on the damaged portion of the Common Elements rightfully demands all or a substantial part of the insurance proceeds. (b) The cost of repair or replacement in excess of insurance proceeds and reserves is a Common Expense. If all Common Elements are not repaired or replaced, the insurance proceeds attributable to the damaged Common Elements must be used to restore the damaged area to a condition compatible with the remainder of the Property, and except to the extent that other persons will be distributees, the insurance proceeds must be distributed to all the Owners, as their interests may appear in proportion to the Common Expense liabilities of ail the Lots. 7. Common Expenses. Premiums for insurance that the Association acquires and other expenses connected with acquiring such insurance are Common Expenses. 8. Worker's Compensation Insurance. The Board shall obtain worker's compensation or similar insurance with respect to its employees, if any, in the amounts and forms as may now or hereafter be required by law. 9. Insurance Obligation of Lot Owners. Each Lot Owner must obtain property and casualty insurance coverage for full replacement of all Improvements constructed upon such Owner's Lot(s), as well as insurance coverage on the contents and personal property of the Owner(s), and general liability insurance coverage for such Lot. ARTICLE X ENFORCEMENT 1. Violation Deemed Nuisance. Every violation of this Declaration is declared and deemed to be a nuisance. All public and private remedies allowed at Iaw or equity against anyone in violation of this Declaration, or any provision hereof, shall be available. 2. Compliance. Each Lot Owner, every member of a Lot Owner's family, and every guest, invitee, tenant. employee, contractor. agent and licensee of a Lot Owner shall comply with the provisions of this Declaration and all rules and regulations adopted pursuant hereto, as the same may be amended or supplemented from time to time. Failure to comply with this Declaration shall be grounds for an action to recover damages or for injunctive relief, or both. Each Lot Owner shall be responsible for the conduct of the Lot Owner's family. guest, invitee. tenant. employee, contractor, agent and licensee, whether the Lot Owner is present or not. Each Lot Owner shall inform all such persons of the provisions of this Declaration, Any violation of this Declaration by any such person shall be deemed a violation by the Lot Owner. 3. Who May Enforce. Any action to enforce these Covenants may be brought by the Declarant or the Association in the name of the Association on behalf of the Lot Owners as members of the Association. If, after a written request from an aggrieved Lot Owner. the Association fails to commence an action to enforce this Declaration, then the aggrieved Lot Owner may bring such an action. 4. Nonexclusive Remedies. All the remedies set forth herein are cumulative and not exclusive. 5. Nonliability. Neither the Declarant. nor any Lot Owner nor any member, officer or director of the Association shall be liable to any other person or Lot Owner for the failure to enforce any provision of the Governing Documents at any time. Declaration of Covenants. Conditions. Restrictions and Easements for Native Springs Subdivision Page 19 • 6. Recovery of Costs and Fees. If legal assistance is obtained to enforce any provision of the Governing Documents, or in any legal proceeding (whether suit is brought or not) for damages or for the enforcement of this Declaration, or for the restraint of violations hereof, the prevailing party shall be entitled to recover all costs incurred, including reasonable attorneys' fees. ARTICLE Xt GENERAL PROVISIONS 1. Covenants to Run with Land. All terms, covenants. conditions. restrictions and easements contained herein shall run with the lands within the Subdivision. This Declaration shall continue to be binding upon the Owners of said Iands and all persons claiming by. through or under said Owners for a period of twenty-one (2 1) years from the date this document is filed for record with the Clerk and Recorder of Garfield County. Colorado. Thereafter, this Declaration shall be automatically renewed for five (5) successive terms of ten (10) years each: provided, however. that the owners of seventy-five percent (75%) of the Lots in the Subdivision may release all of the Lots hereby restricted from any one or all of these restrictions by executing and acknowledging an appropriate instrument in writing for said purpose and filing the same for record with the Clerk and Recorder of Garfield County, Colorado, in the manner then required for the recording of such instruments. 2. Benefit of All. The provisions contained herein are for the benefit of and shall be binding upon the Declarant and the purchasers and subsequent owners of each Lot. Each purchaser of a Lot, by acceptance of a deed to same, shall be subject to each and all of the restrictions. conditions, covenants, easements and agreements contained herein and to the jurisdiction, right and power of the Declarant and the Association. By acceptance hereof by each Owner, such Owner shall. for himself, his heirs, personal representatives, successors and assigns, covenant and agree and consent to and with the grantees and subsequent Owners of each of said Lots, to keep, observe. comply with and perform said restrictions. covenants. conditions. easements and agreements contained herein. 3. Adjacent Commercial Property. Certain real property adjacent to the Subdivision is zoned to permit commercial uses. information regarding the location of such property and the commercial uses permissible by right and by special review is available as a matter of public record with Garfield County. 4. Notices. All notices given hereunder to Lot Owners for matters affecting the Subdivision shall be given by first class United States Mail, postage prepaid. addressed to each Owner at their mailing address as it appears on the records of the Association. 5. Variances. The Declarant hereby reserves to the Board the right to grant a reasonable variance or adjustment of these conditions and restrictions in order to overcome practical difficulties and prevent unnecessary hardships arising by reason of the application of the restrictions contained herein. Such variances or adjustments shall be granted only in case the granting thereof shall not be materially detrimental or injurious to other property or improvements of the neighborhood and shall not defeat the general intent and purpose of these restrictions. 6. Amendments. The covenants, conditions and restrictions herein contained may be amended by the affirmative vote of seventy-five percent (75%©) of the Lot Owners in the Subdivision entitled to vote thereon and shall be effective upon proper execution thereof and the recordation of such amendment(s) in the office of the Clerk and Recorder of Garfield County, Colorado. Amendments Declaration of Covenants, Conditions. Restrictions and Easements for Native Springs Subdivision Page 20 • unrelated in subject matter to any of the terms, covenants. conditions or restrictions set forth in this Declaration shall require the unanimous written consent of all Lot Owners. 7. Compliance with C,C.I.O.A. These Covenants are intended to comply with the provisions of the Act as applicable to a planned community and shall be interpreted in light of such provisions. 8. Development Rights and Special Declarant Rights. Declarant reserves all rights to the maximum extent allowed by the Act. Unless sooner terminated by a recorded instrument signed by Declarant, any development right or special declarant right may be exercised by the Declarant for the maximum period of time specified or permitted in the Act. 9. Limitation of Liability of Association. NOTWITHSTANDING THE DUTY OF THE ASSOCIATION TO MAINTAIN AND REPAIR THE COMMON ELEMENTS, AND EXCEPT TO THE EXTENT COVERED BY INSURANCE CARRIED BY AND FOR THE ASSOCIATION, THE ASSOCIATION SHALL NOT BE LIABLE TO OWNERS OR THEIR FAMILY MEMBERS, GUESTS, TENANTS, LICENSEES, SUCCESSORS OR ASSIGNS FOR INJURY OR DAMAGE, OTHER THAN FOR THE COST OF MAINTENANCE AND REPAIR OF THE COMMON ELEMENTS, CAUSED BY ANY LATENT CONDITION ON I'HL PROPERTY OR CAUSED BY THE ELEMENTS OR OTHER OWNERS OR PERSONS. 10. Association Standard of Care. The duty of care that the Association owes to the Lot Owners is that of a landowner to a licensee, notwithstanding the beneficial interest that the Lot Owners hold in the Common Elements through their membership in the Association. l 1. Severability. In the event any one or more of the provisions, conditions. restrictions or covenants contained herein shall be held by any court of competent jurisdiction to be null and void, all remaining restrictions and covenants herein set forth shall remain in full force and effect. iN WITNESS WHEREOF, the Declarant has executed this Declaration this day of , 2003. STATE OF COLORADO COUNTY OF GARFIELD DECLARANT: JIM E. LUGINBUHL PAUL B. LUGINBUHL ) ss. ) The foregoing instrument was subscribed and sworn to before me this day of , by Jim E. Luginbuhl and Paul B. Luginbuhl. My Commission expires: . Witness my hand and official seal. Notary Public Declaration of Covenants. Conditions, Restrictions and Easements for Native Springs Subdivision Page 21 Our Order Yo. GWM9O38-3 EXHIBIT "A" to DECLARATION OF COVENANTS, CONDITIONS, ETC. - NATIVE SPRINGS L41_CESCAFr1CN SUBDIVISION A TRACT OF LAND SITUATED [N THE NORTH 1/2 OF SECTION 1.1 A.4D THE SWIl4SEIJ4 OF SECTION 2, TOWNSHIP 6 SOUS RANGE 93 WEST OF THE SIXTH PRLNCIPAL MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEG1? NLNG AT THE NORTH 114 CORNER OF SAID SECTION 11, MARKED WITH A 2 113„ ALCMINUM CAP, THENCE 5 89 DEGREES 29'33" W 667.45 r.1.1 ALONG THE NORTH LINE TO THE NORTHWEST CORNER OF THE NEII4NE114NW114 OF SAID SECTION LI; THENCE 5 00 DEGREES 11'16" E 281.89 1!-:k.1 ALONG THE WEST LINE OF SAID NE1J4NE1/4NWU4 TO THE NORTH LINE OF THE WEVINCER PARCEL AS DESCRIBED DN BOOK 367 AT PAGE 458; THENCE N 89 DEGREES 31'32" E 279.44 P"tt1 ALONG THE NORTH LINE TO THE NORTHEAST CORNER OF SAID W1MTER PARCEL. THENCE S 00 DEGREES 2.2'28" E 10:8.81 FEET ALONG THE EAST LLNE TO THE SOUTHEAST CORNER OF SAID WINDIER PARCEL, ALSO BEING 113E SOUTH LINE OF THE NE1/4NW1I4 OF SAID SECTION 11: THENCE N 89 DEGREES 37'45" E 382.26 FE.t.1* ALONG ITHE SOUTH LINE TO THE SOUTHWEST CORNER OF THE VW i4NE1J4 OF SAM SEL PION 11; THENCE N 89 DEGREES 39'46"E 1315.08 FEET ALONG THE SOGTTH LINE TO THE SOUTHEAST CORNER OF SAID NWL'4NE1J4; THENCE N 00 DEGREES 10'59" W 1319.E F L1 ALONG 1HE EAST LLNE OF SAID NWIJ4NE1/4: THENCE N 00 DEGREES 39'37- W466.37 FE:E:1 ALONG THE EAST LLNE OF THE SWIJ4SEil4 OF SAID SECTION 2: THENCE 5 89 DEGREES 34'26" W 1013. 04 FEE -1 TO THE EASTER .Y RIGHT-OF-WAY LLNE OF COUNTY ROAD NO. 210; THENCE S 36 DEGREES 3T43" W 219.93 FEET ALONG SAID R. O. W.; THENCE 5 35 DEGREES 58'55" W 174.94 FEET ALONG SAW ROW.; THENCE S 36 DEGREES 49'44" W 102.62 Ex.k.1 ALONG SAID R.O. W. TO THE WEST LLNE OF SAID SWIJ4SE1l4 OF SECTION 2: THENCE 5 00 DEGREES 57'59" E 67.81 1 t 1 TO THE POINT OF BEGIN1`IING. COUNTY OF GARFIELD STATE OF COLORADO EXHIBIT "A" TO DECLARATION OF COVENANTS, CONDITIONS ETC. - NATIVE SPRINGS SITBDIV. • SEWAGE REQUIREMENTS FOR THE NATIVE SPRINGS SUBDIVISION Due to recent concerns in Garfield County regarding traditional Individual Sewage Disposal Systems (ISDS) and the potential for these systems to reduce the quality of surface and shallow ground water, the Native Springs Subdivision proposes that all eleven lots be required to provide Secondary Treatment of their wastewater, through an Individual Sewage Treatment System (ISTS). An ISTS treats wastewater aerobically, maximizing the oxygen level in the system to enhance bacterial growth. The abundance of bacteria then digests the wastewater and break down the harmful pollutants. There are many different types of aerobic systems available on the market today and each system employs a unique method of treatment. Aerobic treatment systems use technology such as Sequencing Batch Reactors, Activated Sludge, and Trickling filters or a combination of these processes to achieve the desired quality of discharged water or effluent. Most systems have options for further treatment such as denitrification, disinfection, and even treatment up to drinking water standards in the extreme case. Since aerobic systems require oxygen as an essential part of treatment, they use mechanical pumps, compressors, motors and electronics to maintain ideal conditions for bacterial growth. Because of the mechanical components, these systems are more expensive to purchase, install and maintain. Therefore, all of the systems installed on the Native Springs Subdivision will be required to have bi-annual tests and routine maintenance to insure that each system functions properly. These systems can even be designed with a remote warning system so that if there is a problem, a technician will be notified and the problem can be fixed immediately. The Colorado Department of Health (CDOH) has approved various systems that meet the NSF International Standard 40' (ANSI/NSF 40 -1999) for Residential Wastewater Treatment Systems. Although some of these systems treat water to a quality that could be released safely into surface water drainages, the CDOH does not allow this type of discharge. CDOH requires that these systems discharge into an absorption field similar to a traditional ISDS. This type of release will further treat the effluent before being returned to the environment. In summary. the Native Springs Subdivision will require as a minimum: • An engineered ISTS and subsurface drain field for each residence • All ISTS systems shall meet the minimum requirements of ANSI/NSF 40 • System sized by the engineer or manufacture adequate to treat the wastewater produced by the lot Please see the attached for an example of Protective Covenants for an ISTS system. NSF (National Sanitation Foundation) International Standard 40 is available at: http://www.nsforepublications/ 111111111111111111111111111111111IIIII1I1I1 1111 1111 410 621459 02/24/2003 03:57P B1439 P682 11 ALSDORF 1 of 1 R 6.00 D 0.00 GARFIELD COUNTY CO RELEASE OF OIL AND GAS LEASE KNOW ALL MEN 13Y THESE PRESENTS: That EnCana Oil & Gas (USA) Inc. whose address is 950 17`'` Street, Suite 2600, Denver, Colorado 80202, being an owner of that certain oil and gas lease described below does hereby release, relinquish, quit claim and surrender all of its right, title and interest in and to said oil and gas lease insofar, and only insofar as said lease covers the lands described below unto the original Lessors: Lessor: Lessee: Dated: Recorded: Document: County: State: Description: George D. Green aka George Green & Ardis A. Green aka Ardis Green, h&w Barrett Resources Corporation September 13, 1995 Book 954, Page 634 483788 Garfield Colorado Township 6 Section 1: Section 2: Section 11: South, Range 93 West, 6th P.M. A portion of Lot 4 and a portion of the SW/4NW/4 which is described as Tracts 9 & 24 on Plat i of the Antlers Orchard Development Company, as Reception No. 37488. Lot 1, a parcel of land in the SW/4SE/4 and the S/2SW/4SE/4 described as metes and bounds in the lease N/2NE/4, SE/LINE/4, part oldie S/2NE/4NW/4, NE/4NE/4NW/4, W/2SW/4 more fully described in the lease Containing 261.37 acres more or less. Executed this ,gar/4 day of-c.L'rtin , 2003. ENCANA OIL & GAS (USA) INC. Y: Title I S. , ox ttorney-in-Fact 1)74 STATE OF COLORADO} }SS. COUNTY OF DENVER } The foregoing instrument was acknowledged before me this 20 day of , 2003 by Joel S. Fox as Attorney -in -Fact for EnCana Oil & Gas (USA) Inc. WITNESS my hand and official seal. My commission expires: AFTER. RECORDING RETURN TO: Petre & Petre, P.C. PO Drawer 400 Glenwood Springs, CO 81602 •• • gm -o Ales 0 OF v7 Not y Public