HomeMy WebLinkAbout2.0 BOCC Staff Report 02.18.2003BOARD — 2/18/03
Public Hearing
TP
PROJECT INFORMATION AND STAFF COMMENTS
TYPE OF REVIEW:
SUMMARY OF REQUEST:
APPLICANT:
REPRESENTATIVE:
LOCATION:
EXISTING ZONING:
ADJACENT ZONING:
WATER:
SEWER:
ACCESS:
Radimo Ltd. (McBride) Subdivision Exemption
The Applicant requests an exemption from the rules
of subdivision to subdivide approximately 239 acres
of land into three (3) parcels.
Radimo Ltd. /11,1 C 151L(C(Ci
Scott Balcomb of Balcomb and Green, P.C.
The subject property is located approximately 2
miles east of Rifle, on Highways 6 & 24.
A/I (Agricultural / Industrial)
A/R/RD (Agricultural/ Residential / Rural Density)
and A/I
Individual wells
Individual Sewage Disposal System (ISDS)
Shared access off of Highways 6 & 24
I. DESCRIPTION OF THE PROPOSAL:
A. Development Proposal: The Applicant proposes to subdivide approximately 239 acres of
land into three (3) parcels consisting of the following lot areas:
1. Parcel A — 2.118 acres
2. Parcel B — 25.230 acres
3. Parcel C — 211.652 acres
B. Site Description: The property has two very distinct benches. The upper bench of the
property is fully vegetated primarily with sage and cottonwoods. Proposed Parcel A is improved
with a one -bedroom earthen structure / dug out that has been build into the hillside overlooking
the irrigated meadows of proposed Parcel C and the Colorado River. Parcel A is fairly flat,
except for the dug out. The upper portion of Parcel B is improved with a log home and various
outbuildings. The lower portion of Parcel B is improved with a hay barn and a corral. Parcel C,
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is the remainder of the property, consists primarily of irrigated pastures. Parcel C is not
improved. There are existing roads within the property that service the existing structures and
provide access to the irrigated pastures on the lower portion of the property. The property has
been used for recreational and agricultural purposes.
C. Zoning: The request meets the A/I zoning requirements on the proposed new lots. A
minimum lot area of 2 acres is required in the A/I, which the proposed lots meet. A single family
dwelling and agricultural uses are uses by right in the A/I zone district in accordance with section
3.01.01 of the Zoning Resolution.
D. Relationship to the Comprehensive Plan: The subject property is designated on the
"Proposed Land Use Districts, Study Area 2 & 3" map in the Garfield County Comprehensive
Plan of 2000, as "Outlying Residential" and as "privately owned lands with site specific uses
limitations such as flood plain, slope hazard, septic constraints, or surficial geology (mud flow,
debris fan) to be evaluated at plan review".
The recommended density in the Outlying Residential designation is consistent with the
underlying zoning, which in the case of the A / I zone district is a minimum lot area of 2 acres.
The three parcels are greater than 2 acres.
E. Adjacent Land Uses: Similar agricultural uses and sparse residential land uses surround
the site.
F. Road/Access: All of the proposed three lots will take access off of Highways 6 & 24
over the Denver & Rio Grande Railroad right-of-way via an existing driveway.
G. Applicability: Section 8:10 of the Subdivision Regulations allows the Board of County
Commissioners (Board) the discretionary power to exempt a division of land from the definition
of subdivision and, thereby, from the procedure in Sections 3:00, 4:00 and 5:00, provided the
Board determines that such exemption will not impair or defeat the stated purpose of the
Subdivision Regulations nor be detrimental to the general public welfare.
II. REVIEW AGENCY AND OTHER COMMENTS:
The application was referred to the following agency (ies) for comments. Comments that were
received have been integrated throughout this memorandum where applicable.
A. City of Rifle: Exhibit J
B. Town of Silt: No comment.
C. Rifle Fire Department: No comment.
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D. RE -2 School District: No comment.
E. Garfield County Road and Bridge Department: Exhibit H
F. Garfield County Vegetation Management: Exhibit I
G. Colorado Department of Transportation: No written comments.
III. REVIEW CRITERIA FOR SUBDIVISION EXEMPTION (SECTION 8:00)
The Board has the discretionary power to exempt a division of land from the definition of
subdivision, and thereby, from the procedure in these Regulations, provided the Board
determines that such exemption will not impair or defeat the stated purpose of Subdivision
Regulations nor be determined to be detrimental to the general public welfare. The Board shall
not approve an exemption unless the Applicant has satisfied the following criteria.
A. "No more than a total of four (4) lots, parcels, interests or dwelling units will be created
from any parcel, as that parcel was described in the records of the Garfield County Clerk and
Recorder's Office on January 1, 1973, and is not a part of a recorded subdivision; however, any
parcel to be divided by exemption that is split by a public right-of-way (State or Federal
highway, County road or railroad) or natural feature, preventing joint use of the proposed
tracts, and the division occurs along the public right-of-way or natural feature, such parcels
thereby created may, in the discretion of the Board, not be considered to have been created by
exemption with regard to the four (4) lot, parcel, interest or dwelling unit limitation otherwise
applicable; For the purposes of definition, all tracts of land thirty-five (35) acres or greater in
size, created after January 1, 1973, will count as parcels of land created by exemption since
January 1, 1973."
Response: Copies of the deeds and the deeds by which their predecessors took title before
January 1, 1973, were provided with the application. The deeds indicate that no parcels have
been split from the property since January 1, 1973, and that the tract of land was larger than 35
acres at that time.
B. All Garfield County zoning requirements will be met.
Response: The subject property is located in the A/I zone district which requires a minimum lot
size of 2 acres. All three parcels to be created are larger than 2 acres. To staff's knowledge all
zoning requirements have been met as part of this application.
C. All lots created will have legal access to a public right-of-way and any necessary access
easements have been obtained or are in the process of being obtained.
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Response: Access for the three parcels will be off an existing driveway off of Highway 6 & 24,
across the Denver and Rio Grande Railroad right-of-way. The Applicant did not provide a copy
of a right-of-way license for the existing driveway, therefore, staff can not determine if the right-
of-way license allows access over the railroad right-of-way by all three lots. Prior to finalizing
the Exemption Plat, the Applicant shall provide a copy of the right-of-way license allowing all
three lots access over the railroad right-of-way, or a new license shall be obtained for the new
lots as needed. In addition, since all three parcels will utilize the existing driveway, the
Applicant shall provide a Shared Driveway Agreement prior to finalizing the Exemption Plat.
Written comments were not received from the Colorado Department of Transportation
("CDOT"), however, CDOT verbally indicated that they have no issues with the exemption
request as long as the existing driveway onto Highways 6 & 24 is maintained and no additional
access points onto Highways 6 & 24 are pursued.
D. Provision has been made for an adequate source of water in terms of both the legal and
physical quality, quantity and dependability, and a suitable type of sewage disposal to serve each
proposed lot.
Response: The Applicant provided with the application existing well permits (Nos. 206255 &
206265) for the existing wells on Parcels A & B. Exhibit K is a copy of Well Permit No. 350904
recently issued for a future well on Parcel C.
Well Permit No. 206255 was an exempted well, on a tract of land greater than 35 acres, issued in
1997 to supply water for up to three residences. Well Permit No. 206255 was issued in 1997 for
Parcel B, for the purpose of supplying water to one residence. Well Permit No. 350904, recently
issued, is also for the purpose of supplying water to one residence.
Pursuant to Section 8:42 of the Zoning Resolution, prior to the signing of a plat, all physical
water supplies shall demonstrate the following:
1. That a four (4) hour pump test be performed on the well to be used;
2. A well completion report demonstrating the depth of the well, the characteristics
of the aquifer and the static water level;
3. The results of the four (4) hour pump test indicating the pumping rate in gallons
per minute and information showing drawdown and recharge;
4. A written opinion of the person conducting the well test that this well should be
adequate to supply water to the number of proposed lots;
S. An assumption of an average of no less than 3.5 people per dwelling unit, using
100 gallons of water per person, per day;
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6. If the well is to be shared, a legal, well sharing declaration which discusses all
easements and costs associated with the operation and maintenance of the system
and who will be responsible for paying these costs and how assessments will be
made for these costs;
7. The water quality be tested by an independent testing laboratory and meet State
guidelines concerning bacteria and nitrates.
For water supplies based on the use of cistern, the tank shall be a minimum of 1, 000
gallons.
Prior to signing the Exemption Plat, it is Staff's opinion that the Applicant shall provide a pump
test for the two existing wells, as well as the new well as mentioned above to verify the
dependability of the well. In addition, water quality tests shall be conducted to determine quality
of water produced by the existing well.
The Applicant indicated that sewage disposal for the Parcels will be handled by Individual
Sewage Disposal Systems (ISDS).
E. All state and local environmental health and safety requirements have been met or are in
the process of being met.
Response: The Applicant shall comply with all applicable local and state environmental health
and safety requirements.
F. Provision has been made for any required road or storm drainage improvements.
Response: An existing driveway off of Highway 6 & 24 will provide access to the three lots.
Since this is an exemption request, street / roadway standards outline in section 9:35 of the
Subdivision Regulations are not applicable. As noted previously, CDOT has no issues with the
exemption request as long as the existing driveway onto Highways 6 & 24 is maintained and no
additional access points on the Highway are pursued. The Applicant did not indicate that storm
drainage improvements are anticipated as part of this development. Any improvement shall
comply with County regulations as applicable.
G. Fire protection has been approved by the appropriate fire district.
Response: The subject property is located in and served by the Rifle Fire Protection District. A
letter dated April 21, 2003, from Kevin Whelan was submitted with the application (Exhibit K).
Mr. Whelan provided the following recommendations:
A. Addresses shall be posted where the driveway intersects with Highways 6 & 24. For a
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shared driveway, the address for each home shall be posted to clearly identify each
address. Letters are to be a minimum of 4 inches in height, %2 inch in width and contrast
with background colors.
B. Driveways shall be constructed / improved to accommodate the weights and turning
radius of emergency apparatus in adverse weather conditions.
C. Combustible materials should be thinned from around structures so as to provide a
defensible space in the event of a wild land fire.
D. It appears that water supply in the area is limited and fire flow capabilities are likely not
to be available to extinguish a fully involved structure fire. The proposal does however
meet the District's minimum requirements of having an approved water supply within
two miles.
H. Any necessary drainage, irrigation or utility easements have been obtained or are in the
process of being obtained.
Response: The Applicant has not indicated any need for drainage, irrigation, or utility
easements. However, all easements, existing and proposed, must be shown on the Exemption
Plat and included on the deeds for the proposed parcels where appropriate. All new utilities shall
be buried.
1. School fees, taxes and special assessments have been paid.
Response: Is does not appear that there are any outstanding fees, taxes or special assessments
associated with the subject property. The Applicant is required to pay the applicable school site
acquisition fee, as adopted by the County, for each newly created lot as part of the subdivision
exemption process according to the calculations / regulations in effect at the time of submission
for approval of the Final Plat. Pursuant to section 8:42(I) of the Subdivision Regulation school
fee, taxes and special assessments for each lot created is $200.00 per lot.
IV. ADDITIONAL CONSIDERATIONS FOR SUBDIVISION EXEMPTION
(SECTION 8:60)
In the evaluation of each petition for exemption, and in addition to the review criteria in Section
8:52, the Board shall consider the following additional considerations.
A. General conformation with the Garfield County Comprehensive Plan.
Response: The proposal appears to be consistent with the Garfield County Comprehensive Plan.
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B. Compatibility of the proposed exemption with existing land uses in the surrounding area.
Response: The subject property appears to be compatible with the land uses in the surrounding
area. The surrounding uses include a residential with customary agricultural uses.
C. Recommendations of any municipality within two (2) miles of the proposed exemption, or
within three (3) miles, if the municipality has a major street plan.
Response: The subject property is located within the City of Rifle Annexation Boundary. The
City of Rifle has no concerns regarding the request (see Exhibit J).
D. Recommendations of any state or local agency or organization whose opinion the Board
determines is necessary or appropriate.
Response: Comments from applicable state or local agencies have been incorporated within this
memorandum as appropriate.
E. Suitability of soil, water, vegetation, geologic and topographic characteristics of the land
for the type of division proposed.
Response: According to the soil survey, from USDA Soil and Conservation Service, the soils on
the subject property consist of Arvada loam - #3 (1 to 6 percent slopes) and Wann sandy loam -
#72 (1 to 3 percent slopes). The interpretation tables for these types of soils can be seen in
greater detail in the application.
The issue of water and topography has been addressed previously in this memorandum. The
application does not address geologic hazards on the subject property. All geologic hazards shall
be mitigated accordingly per County regulations.
Steve Anthony, Director of Vegetation Management, provided comments which can be seen in
more detail in Exhibit I. Mr. Anthony provided the following comments which have been
incorporated as conditions of approval:
A. The Applicant shall map and inventory the Parcels for any listed Garfield County
Noxious Weeds.
B. The Applicant shall provide a Weed Management Plan that is specific to the
inventoried noxious weeds.
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Staff is of the opinion that Weed Management shall be on-going on the property, thus shall be so
noted as a plat note on the Exemption Plat.
F. Number of lots and/or multiple -dwelling units created by the proposed exemption.
Response: The Applicant is proposing three lots, thereby allowing for one more exemption lot
in the future. Both Parcels A & B are already improved with various structures. Accessory
dwelling units require special use approval.
G. Provision for open space within the proposed exemption.
Response: No open space is proposed as part of this exemption request.
H. Proposed density and provisions for adequate off-street parking.
Response: All parking associated with the proposed lots will be handled on-site.
Covenants and plat notes, restricting the lots to the following:
1. One (1) dog will be allowed for each residential unit within a subdivision and the
dog shall be required to be confined within the owner's property boundaries. The
requirements shall be included in the protective covenants for the subdivision with
enforcement provisions allowing for the removal of a dog from the area as a final
remedy in worst cases;
2. No open hearth solid fuel fireplaces will be allowed anywhere within an exemption.
One (1) new solid fuel burning stove as defined by C.R.S. 25-7-401, et. seq., and the
regulations promulgated thereunder, will be allowed in any dwelling unit. All
dwelling units will be allowed an unrestricted number of natural gas burning stoves
and appliances; and
3. Each subdivision shall have covenants requiring that all exterior lighting be the
minimum amount necessary and that all exterior lighting be directed inward, towards
the interior of the subdivision, except that provisions may be made to allow for safety
lighting that goes beyond the property boundaries.
Response: The Applicant shall comply with these restrictions. They shall also be included in
the Protective Covenants and as plat notes on the Exemption Plat.
V. ADDITIONAL INFORMATION
Staff was provided a copy of Resolution No. 77-31 prior to distribution of this memorandum.
According to Resolution No. 77-31, it appears that there was a covenant placed on the subject
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property restricting the sale and conveyance of said land separate or apart from sale of
contiguous lands without complying with the Subdivision Regulations of Garfield County.
Pursuant to section 8:10 of the Subdivision Regulations [Applicability of Exemption]:
The Board of County Commissioners has the discretionary power to exempt a division of
land from the definition of subdivision and, thereby, from the procedure in these
Regulations, provided the Board of County Commissioners determines that such
exemption will not impair or defeat the stated purpose of the Subdivision Regulations nor
be detrimental to the general public welfare. The Board has determined that leases,
easements and other similar interests in Garfield County owned property, land for oil
and gas facilities, and an accessory dwelling unit or two family dwelling that are subject
to leasehold interest only and complying with the requirements of the Garfield County
Zoning Resolution, are exempt from these regulations. (2000-52)
As noted above, the Board of County Commissioners shall make a determination as to whether
the proposed Exemption impairs or defeats the stated purpose of the Subdivision Regulations,
based on Resolution No. 77-31, which states that the sale or conveyance of land shall comply
with the Subdivision Regulations, which encompass Exemptions.
VI. STAFF FINDINGS:
1. Proper posting and public notice was provided as required for the meeting before the
Board of County Commissioners.
2. The meeting before the Board of County Commissioners was extensive and complete,
that all pertinent facts, matters and issues were submitted and that all interested
parties were heard at that meeting.
3. The proposed exemption has been determined [not] to be in the best interest of the
health, safety, morals, convenience, order, prosperity and welfare of the citizens of
Garfield County.
4. The application has [not] met the requirements of the Garfield County Subdivision
Resolution of 1984, Section 8:00, Exemption.
VII. RECOMMENDATION:
Should the Board of County Commissioners determine that the Exemption from the Definition of
Subdivision complies with Garfield County Subdivision Regulations, staff recommends that the
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Board APPROVE the Radimo, Ltd (McBride) Exemption, subject to the following conditions:
1. All representations made by the Applicant, either within the application or stated at the
meeting before the Board of County Commissioners, shall be considered conditions of
approval;
2. The Applicant shall have 120 days to present an Exemption Plat to the Commissioners
for signature from the date of conditional approval of the exemption, or an extension of
time shall be requested and approved by the Board of County Commissioners prior to the
expiration of the 120 days.
3. The 1978 Garfield County Zoning Resolution standards shall be complied with.
4. The Colorado Department of Health standards shall be complied with.
5. A Shared Access Driveway Agreement shall be filed with the final Exemption Plat with
appropriate signatures.
6. The Applicant shall comply with the recommendations of the Rifle Fire Protection
District, as follows:
A. Addresses shall be posted where the existing driveway intersects with Highways 6 &
24. For a shared driveway, the address for each home shall be posted to clearly
identify each address. Letters are to be a minimum of 4 inches in height, '/2 inch in
width and contrast with background colors.
B. Driveways shall be constructed / improved to accommodate the weights and turning
radius of emergency apparatus in adverse weather conditions.
C. Combustible materials should be thinned from around structures so as to provide a
defensible space in the event of a wild land fire.
7. Prior to finalizing the Exemption Plat, the Applicant shall provide a copy of the Denver
and Rio Grande Railroad right-of-way license allowing all three lots access over the
railroad right-of-way, or a new license shall be obtained for the new lots as needed.
8. Prior to finalizing the Exemption Plat, the Applicant shall provide to the County
Vegetation Management Department a map and inventory of any listed Garfield County
Noxious Weeds on the parcels. A Weed Management Plan shall be submitted to the
County for the inventoried noxious weeds for review and approval by the Vegetation
Management Department.
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9. Provide a new pump test for the existing wells, and the new well as outlined in Condition
10 below, to verify that dependability of the wells. A water quality test shall also be
conducted for each existing well and submitted to determine the quality of water
produced from the existing well.
10. All physical water supplies shall demonstrate the following:
A. That a four (4) hour pump test be performed on the well to be used.
B. A well completion report demonstrating the depth of the well, the characteristics of
the aquifer and the static water level.
C. The results of the four (4) hour pump test indicating the pumping rate in gallons per
minute and information showing drawdown and recharge.
D. A written opinion of the person conducting the well test that this well should be
adequate to supply water to the number of proposed lots.
E. An assumption of an average of no less than 3.5 people per dwelling unit, using 100
gallons of water per person, per day.
F. If the well is to be shared, a legal, well sharing declaration which discusses all
easements and costs associated with the operation and maintenance of the system and
who will be responsible for paying these costs and how assessments will be made for
these costs.
G. The water quality shall be tested by an independent testing laboratory and meet State
guidelines concerning bacteria and nitrates.
H. For water supplies based on the use of cistern, the tank shall be a minimum of 1000
gallons.
11. The Applicant shall submit the applicable School Site Acquisition Fees ($200.00 per
parcel) for the creation of the exemption parcels prior to approval of the exemption plat.
12. That the following plat notes shall appear on the Exemption Plat:
A. Water supply is limited in the area and fire flow capabilities will likely not to be
available to extinguish a fully involved structure fire.
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B. Weed Management on all parcels shall be on-going in accordance with the Weed
Management Plan approved by Garfield County Vegetation Management.
C. Existing and proposed easements for utilities, driveway, and irrigation. These
easements shall be included on the deeds for the proposed lots, where appropriate.
All new utilities shall be buried.
D. Defensible space around all structures shall be maintained.
E. One (1) dog will be allowed for each residential unit and the dog shall be required to
be confined within the owner's property boundaries.
F. No open hearth solid -fuel fireplaces will be allowed anywhere within an exemption.
One (1) new solid -fuel burning stove as defied by C.R.S. 25-7-401, et. seq., and the
regulations promulgated there under, will be allowed in any dwelling unit. All
dwelling units will be allowed an unrestricted number of natural gas burning stoves
and appliances.
G. All exterior lighting will be the minimum amount necessary. All exterior lighting
will be directed inward and downward towards the interior of the subdivision, except
that provisions may be made to allow for safety lighting that goes beyond the
property boundaries.
H. Slopes exceeding 40% shall be restricted from development. Areas of disturbance
shall be revegetated with appropriate vegetation. Cut and fill areas shall be kept in
balance and to a minimum. Disturbance of the existing vegetative cover shall be
minimized.
I. Geologic Hazards on the Parcels shall be mitigated per County regulations.
J. Foundations and Individual Sewage Disposal Systems shall be engineered by a
Professional Registered Engineer within the State of Colorado.
K. Colorado is a "Right -to -Farm" State pursuant to C.R.S. 35-3-101, et seq.
Landowners, residents and visitors must be prepared to accept the activities, sights,
sounds and smells of Garfield County's agricultural operations as a normal and
necessary aspect of living in a County with a strong rural character and a healthy
ranching sector. All must be prepared to encounter noises, odor, lights, mud, dust,
smoke chemicals, machinery on public roads, livestock on public roads, storage and
disposal of manure, and the application by spraying or otherwise of chemical
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fertilizers, soil amendments, herbicides, and pesticides, any one or more of which
may naturally occur as a part of a legal and non -negligent agricultural operations.
L. All owners of land, whether ranch or residence, have obligations under State law and
County regulations with regard to the maintenance of fences and irrigation ditches,
controlling weeds, keeping livestock and pets under control, using property in
accordance with zoning, and other aspects of using and maintaining property.
Residents and landowners are encouraged to learn about these rights and
responsibilities and act as good neighbors and citizens of the County. A good
introductory source for such information is "A Guide to Rural Living & Small Scale
Agriculture" put out by the Colorado State University Extension Office in Garfield
County.
• •
EXHIBITS
RADIMO LTD. / MCBRIDE SUBDIVISION EXEMPTION
(July 14, 2003 — Board Meeting)
Exhibit A: Proof of Certified Mailing Receipts
Exhibit B: Proof of Publication
Exhibit C: Garfield County Zoning Regulations of 1978, as amended
Exhibit D: Garfield County Subdivision Regulations of 1984, as amended
Exhibit E: Garfield County Comprehensive Plan of 2000, as amended
Exhibit F: Staff Report dated July 14, 2003
Exhibit G: Application Materials
Exhibit H: Letter from Jake Mall, Garfield County Road and Bridge Department,
dated June 11, 2003
Exhibit I: Letter from Steve Anthony, Director of Vegetation Management, dated
June 26, 2003
Exhibit J: Letter from City of Rifle dated May 27, 2003
Exhibit K: Well Permit No. 250904
Exhibit L: Resolution No. 77-31
WEED MANAGEMENT PLAN
Name: /lveri
Physical Address of Property:/!&//e
1. Targeted
weed �i- l s � ess _
, i� 74i W , �t..rsi ter D/irC 3.0".41
y,4J. _ lf'G
2. Current amount of infested land (acres)
3. Amount of infested land to be managed ,/O �� y,C
4. Describe the areas that you propose to treat. Be specific.
/PIP vol/, -,04,./--e •�.ee- �c.r
ow,/./ .bc e-fee4ye�yC.
5. What methods of treatment will you use?
4v/i
a. Herbicides. List product name and rate and timing of application.
4// 4//o�
s -v t€ dC 'o/1► O / Go.. -0-7, doC.07.7
b. Grazing. Describe grazing plan and tfming.
c. Mechanical. Describe method. (mowin&, cutting, pulling)
�> •�; — . vss/•0v-7 ®/mac/ T.0".5,.&.e,E
d. Alternative methods. What, when, and where.
e. Revegetation. What you plan to seed and when.
Aze
6. I plan to use the services of a professional weed control company.
Company name: 7 ,6c
7. Additional information:
Exhibit
E
111l11111111111111111111111111111111111111111411111
635886 09/05/2003 12:11P B1515 P302 h PLSDORF
1 of 3 R 16.00 D 0.00 GARFIELD COUNTY CO
GENERAL WARRANTY DEED
f*c fe.c i /6. cc
TILS DEED, made this ZOday of August 2003, between Radimo, Ltd., LLLP, a
Colorado Limited Liability Limited Partnership ("Grantor"), whose legal address is c/o John
McBride 303 AABC, Ste. E, Aspen, Colorado 81611 and North Bank Holdings, LLC, a Colorado
Limited Liability Company, ("Grantee)" whose legal address is P.O. Drawer 790, Glenwood
Springs, Colorado 81602, County of Garfield, State of Colorado.
WITNESSETH, That the Grantor for and in consideration of the sum of TEN DOLLARS
($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant,
bargain, sell, convey and confirm, unto the Grantee, its heirs, personal representatives and assigns
forever, all the real property together with improvements, if any, situate, lying and being in the
County of , State of Colorado described as follows:
See Exhibit "A" attached hereto and incorporated by reference herein.
TOGETHER, with all and singular the hereditaments and appurtenances thereto
belonging, or in anywise appertaining, and the reversion and reversions, remainder and
remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and
demand whatsoever of the Grantor, either in law equity, of, in and to the above bargained
premises, with the hereditaments and appurtenances.
TO HAVE AND TO HOLD, the said premises above bargained and described, with the
appurtenances, unto the Grantee, its personal representatives and assigns forever. And the
Grantor, for itself, heirs, personal representatives and assigns, does covenant, grant, bargain, and
agree to and with the Grantee, its personal representatives and assigns, that at the time of the
ensealing and delivery of these presents, is well seized of the premises above conveyed, good,
sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and good right,
full power and lawful authority to grant, bargain, sell and convey the same in manner and form as
aforesaid, and that the same are free and clear from all former and other grants, bargains, sales,
liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except
and subject to Real Property taxes for 2003 payable in 2004; building and zoning regulations; and
THOSE ITEMS DESCRIBED ON EXHIBIT "B" ATTACHED HERETO AND
INCORPORATED BY REFERENCE HEREIN AND THE TERMS AND CONDITIONS
THEREOF.
The Grantor shall and will WARRANT AND FOREVER DEFEND the above -bargained
premises in the quiet and peaceable possession of the Grantee, its heirs, personal representatives
and assigns, against all and every person or persons lawfully claiming the whole or any part
thereof. The singular number shall include the plural, the plural the singular, and the use of any
gender shall be applicable to all genders.
IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above.
Radimo Ltd., LLLP
By:�
STATE OF (d trr td C
COUNTY OF el 0y .(y(
tL
• : •ing instrument was acsnowledged before me this day of August, 2003 by
t11r •.', id , as General Partner of Radimo Ltd, LLLP, a Colorado Limited Liability
Peter Mack McBfide, Genera[ Partner
} ss.
AND OFFICIAL SEAL.
torr Sires:
818 Colorado Avenue
Glenwood Springs, CO 81801
My Commission Expires May 1, 2005
Notary
Exhibit
B
euu:er ST6alS
1 11111 11111 111111 11111 111 1111111 111111 111 11111 1111 101
835886 09/05/2003 12:11P 81515 P303 M RLSDORF
2 of 3 R 18.00 D 0.00 GARFIELD COUNTY CO
EXHIBIT "A"
PARCEL 1:
In Section 12, Township 6 South, Range 93 West of the 6th Principal Meridian:
Lots 3 and 4;
Those portions of the S'/2 NW 1/4, Lot 1, SW 1/4 NE 1/4 and the NE 1/4 NE 1/4 lying
Southerly of the right of way of the Denver and Rio Grande Western Railroad Company,
Excepting that portion of said SW 1/4 NE 1/4 conveyed to Harris by deed recorded
April 6, 1889 in Book 19 at Page 407 as Reception No. 8832
COUNTY OF GARFIELD
STATE OF COLORADO.
1111111111111111111111 III 1111111111111 III 111111111 Ilii
635886 09/05/2003 1211P BISiS P304 M ALSDORF
3 of 3 R 16.00 D 0.00 GARFIELD COUNTY CO
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UNION
PACIFIC
i2 Q9 /C: t)oL
Folder No. 02207-98
SALLY VAGNEUR
NORTH BANK HOLDINGS, LLC
P.O. DRAWER 790
GLENWOOD SPRINGS, CO 81602
RE: Proposed use of an existing private road crossing at Rifle, Garfield County, Colorado.
Dear Ms. Vagneur:
Enclosed is a fully executed original of the above -referenced Agreement. If you intend to
perform any construction activities on Railroad property, please contact our Telecommunications
Operations Center at 1-800-336-9193 for fiber optic information, and our Manager -Track Maintenance,
Robert J. Gutierrez at 970-248-4244.
If you have any questions concerning the terms of this Agreement, please contact me by
telephone at (402) 997-3587 or by fax machine at (402) 997-3601.
incerely your
27-7
Bil(Ince
Manager - Contracts
Exhibit
D
Real Estate
UNION PACIFIC RAILROAD
1800 Farnam Street, Omaha, NE 68102
fx. (402) 997-3601
PRX 880805
Standard Form Approved, AVP -Law
AUE:r :31358
Folder Number: 02207-98
PRIVATE ROAD CROSSING AGREEMENT
Mile Post 382.99, Glenwood Springs Subdivision
Location: Rifle, Garfield County, Colorado
THIS AGREEMENT is made this ,_Ce day of S 1 , 2003, by and between UNION
PACIFIC RAILROAD COMPANY, a Delaware corporation, to be addressed at 1800 Farnam Street, Omaha,
Nebraska 68102 (hereinafter "Licensor"), and NORTH BANK HOLDINGS, LLC, a Colorado limited liability
corporation, whose address is P.O. Drawer 790, Glenwood Springs, Colorado (hereinafter "Licensee").
RECITALS:
The Licensee desires the maintenance and use of a private road crossing (hereinafter "Road Crossing"),
consisting of an existing private road crossing and all appurtenances thereto, including but not limited to any
gates, cattle guards, stop signs or identification signs, drainage facilities, on, over and across the Licensor's
right -or -way on the Glenwood Springs Subdivision at Mile Post 382.99, further identified as DOT Number 253
570L, at or near Rifle, Garfield County, Colorado, in the location shown on the attached print marked Exhibit
A„
The Licensor is willing to grant the Licensee the right to cross its right-of-way and tracks at the location
shown on Exhibit "A" subject to the terms set forth below.
NOW, THEREFORE, the parties agree as follows:
Article 1. LICENSOR GRANTS RIGHT.
The Licensor grants the Licensee the right to cross its right-of-way and tracks at the location shown on
Exhibit "A" subject to the terms set forth herein and in the attached Exhibit B, together with the right of entry to
control and remove from the Licensor's right-of-way, on each side of the Road Crossing, weeds and vegetation
which may obstruct the view of motorists approaching the crossing area to any trains that may also be
approaching the crossing area.
Article 2. LICENSE FEE.
In consideration of the license and permission granted herein, the Licensee agrees to observe and abide
by the terms and conditions of this Agreement and to pay to the Licensor a one-time license fee of ONE
THOUSAND DOLLARS ($1,000.00).
02207-98.prx
Articles of Agreement September 26, 2003
Page 1
Article 3. ADMINISTRATIVE HANDLING FEE.
The Licensee agrees to pay to the Licensor an administrative handling charge in the amount of FIVE
HUNDRED DOLLARS ($500.00) for clerical, administrative and handling expense in connection with
processing this Agreement.
Article 4. RAILROAD FLAGMAN; WHEN REQUIRED; FLAGGING CHARGES:
a. No work of any kind shall be performed, and no person, equipment, machinery, tool(s), material(s),
vehicle(s), or thing(s) shall be located, operated, placed, or stored within 25 feet of any of Railroad's track(s) at
any time, for any reason, unless and until a Railroad flagman is provided to watch for trains, pursuant to the
terms of the attached Exhibit 'A'. All expenses connected with the furnishing of said flagman shall be at the
sole cost and expense of the Licensee, who shall promptly pay to Railroad all charges connected therewith,
within 30 days after presentation of a bill therefor. The rate of pay per hour for each man will be the prevailing
hourly rate in effect for an eight-hour day for the class of men used during regularly assigned hours and
overtime in accordance with Labor Agreements and Schedules in effect at the time the work is performed. The
current hourly rate of pay for Assistant Track Foreman is $18.25 (January 1994). In addition to the cost of such
labor, a composite charge of 120.47% for vacation, holiday, health and welfare, supplemental sickness, Railroad
Retirement & UC, supplemental pension, Empl. Liability & Property Damage and Administration will be
included, computed on actual payroll.
b. One and one-half times the current hourly rate is paid for overtime, Saturdays and Sundays; two and
one-half times current hourly rate for holidays.
c. Wage rates are subject to change, at any time, by law or by agreement between the Railroad and its
employees, and may be retroactive as a result of negotiations or a ruling of an authorized Governmental
Agency. Additional charges on labor are also subject to change. If the wage rate or additional charges are
changed, the Licensee shall pay on the basis of the new rates and charges.
d. Reimbursement to the Railroad will be required covering the full eight-hour day during which any
flagman is furnished, unless he can be assigned to other Railroad work during a portion of such day, in which
event reimbursement will not be required for the portion of the day during which the flagman is engaged in
other work. Reimbursement will also be required for any day not actually worked by said flagman following his
assignment to work on the project for which the Railroad is required to pay the flagman and which could not
reasonably be avoided by the Railroad Company by assignment of such flagman to other work, even though the
Licensee may not be working during such time.
e. Arrangements for flagging are to be made at least seventy-two (72) hours in advance of
commencing work, with the Railroad Manager of Track Maintenance. His name and phone number are:
Robert J. Gutierrez
Manager Track Maintenance
2790 D Road
Grand Junction, CO 81501
Phone: 970-248-4244
Fax: 970-248-4203
02207-98.prx
Articles of Agreement September 26, 2003
Page 2
Article 5. LIABILITY INSURANCE.
a. The Licensee shall provide the Licensor with a certificate, identifying Folder No. 02207-98, issued
by the insurance carrier providing the insurance coverage required pursuant to Exhibit B-1 of this Agreement in
a policy which contains the following type endorsement.
"UNION PACIFIC RAILROAD COMPANY is named as additional insured
with respect to all liabilities arising out Insured's (as Licensee) construction,
maintenance and use of the road crossing on Licensor's property."
Licensee WARRANTS that this Agreement has been thoroughly reviewed by its insurance agent(s)/broker(s)
and that said agent(s)/broker(s) has been instructed to procure insurance coverage and an endorsement as
required herein.
b. All insurance correspondence shall be directed to:
Union Pacific Railroad Company
1416 Dodge WP001 — Folder: 02207-98
Omaha, NE 68102
Article 6. TERM.
This Agreement shall be effective as of the date first herein written, and shall continue in full force and
effect until terminated as provided in Exhibit B.
Article 7. SPECIAL PROVISIONS.
a. All grading and drainage work on roadway approaches, including maintenance, shall be performed
by Licensee, and at Licensee's sole expense. This includes the clearing of mud and debris from
under the Railroad bridge and elsewhere on Railroad right of way.
b. All relocation of utilities due to construction of the Road Crossing (if any) shall be Licensee's
responsibility, and at Licensee's sole expense.
c. Any maintenance work performed by Union Pacific forces shall be at Licensee's expense.
d. All liability for accidents or injuries which arise as a result of the construction, maintenance and use
of the Road Crossing is assumed by Licensee.
02207-98.prx
Articles of Agreement September 26, 2003
Page 3
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date
first herein written.
02207-98.prx
UNION PACIFI ' •.I ' �`_ MPANY
By �l��L
Director — ontrr
NORT ANK HOLDINGS, LLC
By
Title: Amm
Articles of Agreement September 26, 2003
Page 4
TO C- O.'J�T
'c ANGLE
DRAINAGE CULVERT
SHOW NORTH ARROW
UPRR R/W
►-7sf
1-0 f 'i.1J
DRAINAGE CULVERT
4fCeI
WIDTH (NROADWAY
NOTES:
1) APPLICANT TO PERFORM ALL GRADING, DRAINAGE, PAVING.
3 UTILITY ADJUSTMENTS AT APPLICANTS EXPENSE.
2) APPLICANT TO REMOVE ALL VEGETATION FROM UPRR RIGHT
OF WAY FOR 500' EACH SIDE OF THE CENTERLINE OF
THE CROSSING.
3) APPLICANT TO PROVIDE LOCKING GATES AT RAILROAD
RIGHT OF WAY LINE.
FIRER
CABLE
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YOU WORK ON R,/v,',
I- BOO- 336-91S3I
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UPRR R/W
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EXHIBIT "A"
UNION PACIFIC RAILROAD COMPAP
PROPOSED CROSSING FOR
Noc -Th ��tiv-- [ 1vLorte . LC-�
(� P 38Z. 99
2or 2- s70I-
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RAILROAD OWNED TRACKAGE
RAILROAD RIGHT OF WAY
, PRX 88o8o5 A
Form Approved, AVP -Law
EXHIBIT B
SECTION 1. LIMITATION AND SUBORDINATION OF RIGHTS GRANTED.
(a) The rights granted to the Licensee are subject and subordinate to the prior and
continuing right and obligation of the Licensor to use and maintain its entire railroad right of
way, and are also subject to the right and power of the Licensor to construct, maintain, repair,
renew, use, operate, change, modify or relocate railroad tracks, signal, communication, fiber
optics or other wire lines, pipelines and other facilities upon, along or across any or all parts of
said right of way, any of which may be freely done at any time by the Licensor without liability
to the Licensee or to any other party for compensation or damages.
(b) The Licensee's rights are also subject to all outstanding superior rights (including
those in favor of licensees, lessees of said right of way, and others) and the right of the Licensor
to renew and extend the same, and are granted without covenant of title or quiet enjoyment.
(c) It is expressly stipulated that the Road Crossing is to be a strictly private one and is
not intended for public use. The Licensee, without expense to the Licensor, will take any and
all necessary action to preserve the private character of the Road Crossing and prevent its use
as a public road.
SECTION 2. MAINTENANCE AND USE.
(a) The Licensor, at the sole expense of the Licensee, shall maintain the portion of the
Road Crossing lying between the rails of the tracks and for one (1) foot on the outside of each
rail; provided, however, that such maintenance work shall be limited to that required for the
safe and efficient operation of its tracks, and such other maintenance as the Licensor has
agreed to perform on specific request of the Licensee. The Licensee, at its own expense, shall
maintain the remaining portion of the Road Crossing and shall keep the rail flangeways clear
of obstructions.
(b) The Licensee shall, at its sole expense, maintain, repair, renew and replace any gates,
cattle guards, drainage facilities, traffic signs or devices, identification signs approved by the
Licensor or other appurtenances shown on Exhibit "A". The Licensee shall, at its own expense,
install and thereafter maintain any such appurtenances that may subsequently be required by
the Licensor, by law, or by any public authority having jurisdiction. The Licensee shall control
vegetation along the right of way on each side of the crossing so that the Licensee's line of sight
to approaching trains is not impaired or obstructed by vegetation. All work performed by the
Licensee on the right of way shall be done to the satisfaction of the Licensor.
(c) The Licensee shall require all vehicles approaching the crossing to stop a safe
distance from the tracks before crossing the tracks. The Licensee shall keep any gate affording
access to the Road Crossing closed and locked at all times except during the time of actual
passage through it onto or from the Road Crossing. The Licensee shall not do, suffer or permit
anything which will or may obstruct, endanger or interfere with, hinder or delay the
maintenance and operation of the Licensor's railroad tracks or appurtenant facilities or the
facilities or equipment of others lawfully using the Licensor's property. The Licensee shall
adequately supervise and police use of said Road Crossing so that no person, vehicle or
livestock stops or stands on the Licensor's tracks or attempts to cross the Licensor's railroad
tracks when a railroad train, engine, equipment, or car is approaching or occupying the Road
Crossing.
EXHIBIT B
Page 1 of 4
PRX 880805 A
Form Approved, AVP -Law
SECTION 3. MODIFICATION OR RELOCATION OF ROAD CROSSING.
(a) Whenever the Licensor deems it necessary or desirable in the furtherance of its
railroad operating requirements or for the improvement and use of its property to modify or
relocate the Road Crossing:
(1) the Licensor shall, at the sole expense of the Licensee, modify or move the
portion of the Road Crossing lying between the rails of the tracks and for one (1) foot
on the outside of each rail; and
(z) the Licensee shall, at the Licensee's sole expense, modify or move the
remaining portion of the Road Crossing and the appurtenances thereto.
(b) All the terms of this agreement shall govern the continued maintenance and use of
the Road Crossing as modified or relocated pursuant to this section.
SECTION 4. PROTECTION OF FIBER OPTIC CABLE SYSTEMS.
(a) Fiber optic cable systems may be buried on the Licensor's property. Licensee shall
telephone the Licensor at 1-800-336-9193 (a 24-hour number) to determine if fiber optic cable
is buried anywhere on the Licensor's premises to be used by the Licensee. If it is, Licensee will
telephone the telecommunications company(ies) involved, arrange for a cable locator, and
make arrangements for relocation or other protection of the fiber optic cable prior to
beginning any work on the Licensor's premises.
(b) In addition to the liability terms elsewhere in this Agreement, the Licensee shall
indemnify and hold the Licensor harmless against and from all cost, liability, and expense
whatsoever (including, without limitation, attorneys' fees and court costs and expenses)
arising out of or in any way contributed to by any act or omission of the Licensee, its
contractor, agents and/or employees, that causes or in any way or degree contributes to (1) any
damage to or destruction of any telecommunications system by the Licensee, and/or its
contractor, agents and/or employees, on Licensor's property, (2) any injury to or death of any
person employed by or on behalf of any telecommunications company, and/or its contractor,
agents and/or employees, on Licensor's property, and/or (3) any claim or cause of action for
alleged loss of profits or revenue by, or loss of service by a customer or user of, such
telecommunication company(ies).
SECTION 5. INDEMNITY.
The Licensee assumes the risk of and shall indemnify and hold harmless the Licensor
and other railroad companies which use the property of the Licensor, their officers, agents and
employees, against and from any and all loss, damages, claims, demands, actions, causes of
action, costs, attorneys' fees, fines, penalties and expenses of whatsoever nature (hereinafter
"Loss") which may result from: (i) injury to or death of persons whomsoever, (including
officers, agents and employees of the Licensor and of the Licensee, as well as other persons);
(2) loss of or damage to property whatsoever (including damage to property of or in the
custody of the Licensee and damage to the roadbed, tracks, equipment or other property of or
in the custody of the Licensor and such other railroad companies, as well as other property); or
(3) the Licensee's failure to comply with any federal, state or local law, regulation, or
enactment; when such Loss is due to or arises in connection with or as a result of:
EXHIBIT B
Page 2 of 4
, PRX 880805 A
Form Approved, AVP -Law
(a) the construction of the Road Crossing;
(b) any work done by the Licensee on or in connection with the Road Crossing;
(c) the use of said Road Crossing by the Licensee, or the officers, agents, employees,
patrons or invitees of the Licensee, or by any other person;
(d) the use of said Road Crossing by the Licensee's successors or assigns or the officers,
agents, employees, patrons or invitees of the Licensee's successors or assigns until the Licensee
either complies with the provisions of Section 8 or terminates the agreement as provided in
Section 6; or
(e) the breach of any covenant or obligation assumed by or imposed on the Licensee
pursuant to this agreement, or the failure of the Licensee to promptly and fully do any act or
work for which the Licensee is responsible pursuant to this agreement;
regardless of whether such Loss is caused solely or contributed to in part by the negligence of
the Licensor, its officers, agents or employees.
SECTION 6. TERMINATION ON BREACH OR ON NOTICE.
(a) It is agreed that the breach of any covenant, stipulation or condition herein contained
to be kept and performed by the Licensee shall, at the option of the Licensor, forthwith work a
termination of this agreement and all rights of the Licensee hereunder. A waiver by the
Licensor of a breach by the Licensee of any covenant or condition of this agreement shall not
impair the right of the Licensor to avail itself of any subsequent breach thereof..
(b) This agreement may be terminated by either party on thirty (3o) days' written notice
to the other party.
SECTION 7. REMOVAL OF ROAD CROSSING.
(a) Upon termination of this agreement howsoever, the Licensor shall, at the sole
expense of the Licensee, remove said Road Crossing and restore the premises of the Licensor
to a condition comparable to that existing immediately prior to the construction of said Road
Crossing.
(b) In the event of the removal of the Road Crossing as in this section provided, the
Licensor shall not be liable to the Licensee for any damage sustained by the Licensee for or on
account of such removal, and such removal shall not prejudice or impair any right of action for
damage, or otherwise, which the Licensor may have against the Licensee.
SECTION 8. ASSIGNMENT.
The Licensee shall not assign this agreement, or any interest therein to any purchaser,
lessee or other holder of the property served by the crossing or to any other person, without
the written consent of the Licensor. If the Licensee fails to secure the Licensor's consent to any
assignment, the Licensee will continue to be responsible for obligations and liabilities assumed
herein.
EXHIBIT B
Page 3 of 4
PRBC 880805 A
Form Approved, AVP -Law
SECTION 9. SUCCESSORS AND ASSIGNS.
Subject to the provisions of Section 8 hereof, this agreement shall be binding upon and
inure to the benefit of the parties hereto, their respective heirs, executors, administrators,
successors and assigns.
EXHIBIT B
Page 4 of 4
PRX 880805
PRE 880806
PRX&E 880807
CRX 940408
FORM C
EXHIBIT B-1
UNION PACIFIC RAILROAD
Section 1.01 CONTRACT INSURANCE REQUIREMENTS
Commercial: Industrial; Contractor's Private Grade Crossing and / or Encroachment
Licensee shall, at its sole cost and expense, procure and maintain during the life of this Agreement the
following insurance coverage:
A. Commercial General Liability insurance. This insurance shall contain broad form contractual
liability with a single limit of at least $5,000,000 each occurrence or claim and an aggregate limit of at
least $10,000,000. Coverage must be purchased on a post 1998 ISO or equivalent form, including but
not limited to coverage for the following:
• Bodily injury including death and personal injury
• Property damage
• Fire legal liability
• Products and completed operations
The policy shall also contain the following endorsements which shall be indicated on the certificate
of insurance:
• "For purposes of this insurance, Union Pacific Railroad payments related to the Federal
Employers Liability Act or a Union Pacific Wage Continuation Program or similar
programs are deemed not to be either payments made or obligations assumed under
any Workers Compensation, disability benefits, or unemployment compensation law or
similar law."
• The exclusions for railroads (except where the Job Site is more
than fifty feet (50') from any railroad including but not limited to
tracks, bridges, trestles, roadbeds, terminals, underpasses or
crossings), and explosion, collapse and underground hazard
shall be removed.
• Coverage for Railroads employees shall not
be excluded
• Waiver of subrogation
B. Business Automobile Coverage insurance. This insurance shall contain a combined single
limit of at least $2,000,000 per occurrence or claim, including but not limited to coverage for the
following:
• Bodily injury and property damage
• Any and all motor vehicles including owned, hired and non -owned
The policy shall also contain the following endorsements which shall be indicated on the certificate
of insurance:
Page 1 of 1
PRX 880805
PRE 880806
PRX&E 880807
CRX 940408
FORM C
•
•
"For purposes of this insurance, Union Pacific Railroad payments related to the Federal
Employers Liability Act or a Union Pacific Wage Continuation Program or similar
programs are deemed not to be either payments made or obligations assumed under
any Workers Compensation, disability benefits, or unemployment compensation law or
similar law."
The exclusions for railroads (except where the Job Site is more
than fifty feet (50') from any railroad including but not limited to
tracks, bridges, trestles, roadbeds, terminals, underpasses or
crossings), and explosion, collapse and underground hazard
shall be removed.
C. Workers Compensation and Employers Liability insurance including but not limited to:
• Licensee's statutory liability under the workers' compensation I laws of the state(s)
affected by this Agreement
• Employers' Liability (Part B) with limits of at least
$500,000 each accident, $500,000 disease policy limit
$500,000 each employee
If Workers Compensation insurance will not cover the liability of Licensee in states that require
participation in state workers' compensation fund, Licensee shall comply with the laws of such states.
If Licensee is self-insured, evidence of state approval must be provided along with evidence of excess
workers compensation coverage. Coverage shall include liability arising out of the U. S.
Longshoremen's and Harbor Workers' Act, the Jones Act, and the Outer Continental Shelf Land Act, if
applicable.
The policy shall also contain the following endorsement which shall be indicated on the certificate
of insurance:
• Alternate Employer Endorsement
D. Umbrella or Excess Policies In the event Licensee utilizes Umbrella or excess policies, these
policies shall "follow form" and afford no less coverage than the primary policy.
Other Requirements
E. Punitive damage exclusion must be deleted, which deletion shall be indicated on the
certificate of insurance.
F. Licensee agrees to waive its right of recovery, and its insurers, through policy endorsement,
agree to waive their right of subrogation against Railroad. Licensee further waives its right of recovery,
and its insurers also waive their right of subrogation against Railroad for Toss of its owned or leased
property or property under its care, custody and control. Licensee's insurance shall be primary with
respect to any insurance carried by Railroad. All waivers of subrogation shall be indicated on the
certificate of insurance.
Page 2 of 1
.3RX 880805
PRE 880806
PRX&E 880807
CRX 940408
FORM C
G. All policy(ies) required above (excluding Workers Compensation) shall provide severability of
interests and shall name Railroad as an additional insured. Severability of interest and naming
Railroad as additional insured shall be indicated on the certificate of insurance.
H. Prior to commencing the Work, Licensee shall furnish to Railroad original certificate(s) of
insurance evidencing the required coverage, endorsements, and amendments. The certificate(s) shall
contain a provision that obligates the insurance company(ies) issuing such policy(ies) to notify
Railroad in writing of any cancellation or material alteration. Upon request from Railroad, a certified
duplicate original of any required policy shall be furnished.
I. Any insurance policy shall be written by a reputable insurance company acceptable to Railroad
or with a current Best's Insurance Guide Rating of A- and Class VII or better, and authorized to do
business in the state(s) in which the service is to be provided.
J. Licensee WARRANTS that this Agreement has been thoroughly reviewed by Licensee's
insurance agent(s)/broker(s), who have been instructed by Licensee to procure the insurance
coverage required by this Agreement and acknowledges that Licensee's insurance coverage will be
primary.
K. If Licensee fails to procure and maintain insurance as required, Railroad may elect to do so at
the cost of Licensee plus a 25% administration fee.
L. The fact that insurance is obtained by Licensee or Railroad on behalf of Licensee shall not be
deemed to release or diminish the liability of Licensee, including, without limitation, liability under the
indemnity provisions of this Agreement. Damages recoverable by Railroad shall not be limited by the
amount of the required insurance coverage.
Page 3 of 1
DECLARATION OF WELL USE/MAINTENANCE
THIS WELL USE MAINTENANCE DECLARATIOCeclaration") is made this day
of , 2004 by North Bank Holdings, LLC, a Colorado Limited Liability Company, whose
address is 818 Colorado Avenue, Glenwood Springs, Colorado 81601 (" Declarant").
WHEREAS, Declarant is the owner of Parcels A, B, and C of the Mc Bride Exemption as more
particularly described within the plat thereof, heretofore recorded in the records of the Clerk and Recorder
for Garfield County Colorado on , 2004, in Book , Page and Reception
Number
WHEREAS, Declarant is also the owner of a domestic well ("Well") located within Parcel A, which
well is permitted, interalia, for the purposes of fire pr ection and ordinary household use instant to not more
than three single family dwellings (Well Permit N 0904); and
cj
WHEREAS, by this Declaration it is the intent of the Declarant to establish a regime governing the
joint use of the Well by the future owners of the above referenced Parcels A and C.
A.
SERVICE LINE EASEMENT
Declarant hereby creates and reserves for the benefit of Parcel C , a nonexclusive easement over and
across Parcel A for the purpose of installing, maintaining, repairing and/or replacing a water service line to
the Well. Said easement shall extend five (5) feet on each side of that center line extending due north from
the Well to the southern boundary of Parcel C.
B.
WELL USE AND MAINTENANCE COST
The owner of Parcel C may use the Well for only domestic purposes within one (1) single family
residence to be located within the Parcel C property. All remaining uses as allowed under Permit No 250904
shall remain with the Parcel A property. All improvement and /maintenance expenses incurred instant to the
Well shall be born by the Parcel A and Parcel B land owners on an equal 50/50 basis.
C.
DECISIONS, DISPUTES AND ARBITRATION
The owners of Parcels A and C, their successors and assigns, shall make all decisions regarding the
repair, maintenance and improvements of the well by mutual consent. In the event the owners cannot agree
on issues regarding the operation, maintenance or improvement of the Well, the parties shall submit their
dispute to binding arbitration, as provided for by Colorado Law. The parties shall appoint as a sole
arbitrator any appropriate member of a water engineering firm within the Roaring Fork Valley area. The
Arbitrator is empowered to make any legally proper ruling to resolve the dispute, including an award of
damages, injunctive relieve or any other appropriate reward.
D.
COVENANTS RUNNING WITH THE LAND
The covenants contained in this Declaration are intended to and shall run with the titles to the Parcel
A and C properties as described within the McBride Exemption Plat and shall be binding on the owners
thereof, there successors and the signs.
In witness whereof, this Declaration is executed this
STATE OF COLORADO )
) SS
COUNTY OF GARFIELD)
day of 2004.
NORTH BANK HOLDINGS, LLC
By:
Scott Balcomb, Manager
Subscribed and sworn to before me this day of ,2004, by
Scott Balcomb as Manager of North Bank Holdings, LLC, a Colorado Limited Partnership.
My commission expires:
WITNESS my hand and official seal.
Notary Public
f::\D ',annul -Its and tiettingv\cnidahlg en\Local Settings \Temporary Internet Files \O1.I:i5F\Declararinn.11l-li-ll-Lwprl
2
P.Q. Box 1908
1005 Cooper Ave.
Glenwood Springs,
CO 81602
/ Z4NC4NELL4 4t4() 4S5OCI4TES, INC.
ENGINEERING CONSULT4NTY
February 6, 2004
Mr. Mark Bean
Garfield County Planning Department
109 Eighth Street, Suite 303
Glenwood Springs, CO 81601
RE: McBride Subdivision
Dear Mark:
(970) 945-5700
(970) 945-1253 Fax
This report presents the findings of the water supply investigations performed by
Zancanella and Associates, Inc. for the proposed McBride Subdivision. Figure 1 shows the
approximate location of McBride Wells #1 and #2 designated to serve the four subdivision
lots. Information contained in this report covers the well pump test reports and the water
quality. To show that there is an adequate water supply, two wells, McBride Wells #1 and
#2 have been pump tested and sampled for water quality.
McBride Wells #1 & #2
McBride Well #1 is believed to have been drilled circa 1950. It was registered with the
State Engineer's Office in 1997 under Permit Number 206265, attached. Well #1 was
drilled to a depth of approximately 84 feet into the Colorado River alluvium.
McBride Well #2 was permitted in 1997 (Permit Number 206255, attached) and was
completed on January 22, 1998 by Collins Drilling and Pump Service, Inc. The well was
drilled to a total depth of 55 feet into the Colorado River alluvium. A copy of the well
construction report is attached. We have also included a graphical representation of the
well construction as Figure 2.
McBride Well #1 Pump Test
McBride Well #1 was pump tested on January 20, 2004 by Samuelson Pump Company.
The well had a static water level of 44.3 feet before pumping started. The pumping rate for
the entire test was 15 gallons per minute (gpm). This rate was maintained for the full 4 -
hour test. Table 1 lists the drawdown and time information collected during the test.
Results of this test are plotted graphically in a water level versus time graph in Figure 3.
The maximum drawdown during the test was 2.08 feet. The well had stabilized by the end
of the 4 -hour test.
Exhibit
F
Recovery data were collected for a period of 5 minutes after pumping stopped. By the end
of the 5 minute period the well had essentially recovered to its pre -pumping level. A graph
of the recovery data, displayed as residual drawdown is shown in Figure 4. Well #1
displayed normal recovery characteristics. From the data it would appear that the well
should be able to pump continuously for several days at the test rate of 15 gpm.
McBride Well #2 Pump Test
A pump test of McBride Well #2 was conducted by Samuelson Pump Company on January
15, 2004. Prior to the test the static water level in the well was measured at 33.9 feet. The
well was pumped at a continuous rate of 15 gpm for a 4 hour period. The drawdown and
time data collected during the test are presented in Table 2. We have plotted the results of
the test in a water level versus time curve as shown on the attached Figure 5. The
maximum drawdown during the 4 -hour test was measured at 1.92 feet. The well was still
drawing down slightly by the end of the test, but appeared to have essentially stabilized.
The well should be able to pump continuously for several days at the 15 gpm test rate.
One well recovery point was collected from Well #2 following the cessation of pumping.
This was at 2 hours after pumping had stopped. At that point the well had essentially
recovered to its pre-test level.
Water Quality
Water samples were collected during the pump tests and sent to Grand Junction
Laboratories for independent analyses. The lab tests included analyses for coliform
bacteria, total dissolved solids (TDS) and nitrate/nitrite. Results of the tests are attached
and are shown in the table below.
Well
TDS
(mg/I)
Nitrate
(mg/I)
Nitrite
(mg/I)
Coliform
Bacteria
#1
#2
870
996
0.67
0.53
0.00
0.00
0 Colonies
0 Colonies
The results show that all nitrate and nitrite levels were below the Maximum Contaminant
Levels (MCLs) as established by the Colorado Department of Public Health and
Environment. The bacteria sample results confirmed that coliform bacteria were absent
from the samples.
There are no MCLs for total dissolved solids; however the TDS levels in both wells were
above the recommended levels as prescribed by the National Secondary Drinking Water
Standards established by the U. S. Environmental Protection Agency. Some treatment of
the water to reduce the TDS levels may be helpful to reduce staining of fixtures and reduce
deposits from evaporation.
Both of the wells have been permitted as exempt domestic wells on separate 35 acre
tracts. With proper well sharing agreements, these two wells should be adequate to serve
up to six single family residences.
2
If you have any questions, please call our office at (970) 945-5700.
Very truly yours,
Zancanella and Associates, Inc.
onngS cckhe,
Thomas A. Zancanella, P.E.
Bradley C. P; -k, Geologist
Attachments
cc: Scott Balcomb
Z:\24000\24203 McBride Wells, Scott Balcomb\Bean-WaterSupply.doc
5
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5379'
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Anon
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-77 rre-
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Itit
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1
Scale In Feet
T6S
PROJECT LOCATION MAP
SCALE:
2000'
DATE
JAN. 29, 2004
SHEET:
1 OF 1
DRAWN BY:
BCP
CHKD BY:
BCP
APPD BY:
TAZ
DRAWING:
LocTopo.dwg
McBRIDE
ZANCANELLA AND ASSOC/AYES, /NC.
ENC/NEER/NC CONSUL TANTS
POST WPM Bmf 1909 — 1005 COOPER MOAK
GLE WOOD !MOM COLDRA00 51602 (910) 945-5700
FIGURE NO.
PROJECT: 24203
GROUND
LEVEL
0
A.
0' TO 20'
Clay &
10' HOLE DIAMETER
Overburden
10-
+1' TO 20'
6%' PLAIN STEEL CSG
CEMENT 6'-20'
20-
21' TO 35'
Alluvial Gravel &
Clay
30-
4,5' PVC CSG
STATIC WATER LEVEL 33,9'
,quipP-'
ON JANUARY 15, 2004
20' TO 55'
40-
7' HOLE DIAMETER
35' TO 55'
�-
4.5' 6)06 PVC PERF CSG
50-
TOTAL DEPTH 55'
McBRIDE WELL #2
WELL DETAIL
/\<\
JOHN McBRIDE
FIGURE NO.
SCALE:
NOT TO SCALE
TE:
29, 2004
SHEET
1 OF 1
/DJANUARY ZANCANEL L A AND ASSOCIATES, INC
ENGINE RINC CONSUL TANTS
POST °ma BOX 790! - 1005 COOPER AVENUE
C�wDDD gP COLORADO 1602 (o7D) 945-5100
DRAWN BY:
BCP
CNN BY:
BCP
APPD BY:
TAZ
PLAN NO.
WM120Stal. dwg
PRO,�ECT: 24203
Well ID:
TABLE 1
Pump Test Data
McBride Well #1
Job No.: 24203
Client: McBride
Test By: Samuelson
Analysis By: BCP
M.P. = Top of Casing
Q = 15 gpm
r= ft
S.W.L. = 44.3 ft
b= ft
Time/Date on: 1/20/04 12:48 PM
Time/Date off: 1/20/04 4:48 PM
Test Length: 4:00:00 total time
TIME
Time
(minutes)
W.L. Measurement
Drawdown
(feet)
Q
(gpm)
t'
(minutes)
t/t'
(feet)
(inches)
1/20/04 12:48 PM
0
44
3
SWL
15
1/20/04 12:49 PM
1
46
1.5
1.88
15
1/20/04 12:51 PM
3
46
3.5
2.04
15
1/20/04 12:52 PM
4
46
4
2.08
15
1/20/04 12:53 PM
5
46
5.5
2.21
15
1/20/04 12:54 PM
6
46
3.5
2.04
15
1/20/04 12:56 PM
8
46
5
2.17
15
1/20/04 12:58 PM
10
46
5
2.17
15
1/20/04 1:00 PM
12
46
5
2.17
15
1/20/04 1:03 PM
15
46
5
2.17
15
1/20/04 1:08 PM
20
46
3.5
2.04
15
1/20/04 1:18 PM
30
46
4
2.08
15
1/20/04 1:28 PM
40
46
3.5
2.04
15
1/20/04 1:38 PM
50
46
3.5
2.04
15
1/20/04 1:48 PM
60
46
3.5
2.04
15
1/20/04 2:18 PM
90
46
3.5
2.04
15
1/20/04 2:48 PM
120
46
4
2,08
15
1/20/04 3:48 PM
180
46
4
2.08
15
1/20/04 4:48 PM
240
46
4
2.08
15
1/20/04 4:49 PM
241
46
9
2.50
Stopped Pumping
1
241
1/20/04 4:50 PM
242
44
6
0.25
0
2
121
1/20/04 4:51 PM
243
44
5
0.17
0
3
81
1/20/04 4:52 PM
244
44
4
0.08
0
4
61
1/20/04 4:53 PM
245
44
4
0.08
0
5
49
1/30/2004 Zancanella & Associates, Inc. Well 1 Pump Test.xls
1
0-
10
20
Figure 3
Pumping Test - 1/20/04
McBride Well #1
10 100 Time (min) 1,000 10,000 100,000
Q = 15 gpm throughout test.
30
40
J
1.
0 •
tai
50
60
70
80
Sta is Water Level = 44.3 ft
Pump Set at 60-70 ft.
Total Depth = 84ft.
1/30/2004
Zancanella & Associates, Inc. Well 1 Pump Test.xls
Well ID:
TABLE 2
Pump Test Data
McBride Well #2
Job No.: 24203
Client: McBride
Test By: Samuelson
Analysis By: BCP
M.P. = Top of Casing
Q = 15 gpm
r= ft
S.W.L. = 33.9 ft
b= ft
Time/Date on: 1/15/04 1:12 PM
Time/Date off: 1/15/04 5:12 PM
Test Length: 4:00:00 total time
TIME
Time
(minutes)
W.L. Measurement
Drawdown
(feet)
Q
(gpm)
t'
(minutes)
t/t'
(feet)
(inches)
1/15/04 1:12 PM
0
33
11
SWL
15
1/15/04 1:13 PM
1
35
8
1.75
15.5
1/15/04 1:14 PM
2
35
10
1.92
15.5
1/15/04 1:15 PM
3
35
9
1.83
15.5
1/15/04 1:16 PM
4
35
9
1.83
15.5
1/15/04 1:18 PM
6
35
5.5
1.54
15.5
1/15/04 1:22 PM
10
35
6
1.58
15.5
1/15/04 1:24 PM
12
35
5.5
1.54
15
1/15/04 1:27 PM
15
35
5.5
1.54
15
1/15/04 1:32 PM
20
35
5.5
1.54
15
1/15/04 1:42 PM
30
35
5.5
1.54
15
1/15/04 1:52 PM
40
35
5.75
1.56
15
1/15/04 2:02 PM
50
35
6
1.58
15
1/15/04 2:12 PM
60
35
6.75
1.65
15
1/15/04 4:12 PM
180
35
8
1.75
15
1/15/04 5:12 PM
240
35
10
1.92
15
1/15/04 7:12 PM
360
34
1
0.17
Stopped Pumping
120
3
1/30/2004 Zancanella & Associates, Inc. Well 2 Pump Test.xls
0
10
20
WAV `
A/
W
-J
0 30
ra
40
50
1
10
Figure 5
Pumping Test - 1/15/04
McBride Well #2
100 Time (min) 1,000
10,000
100,000
1/30/2004
Zancanella & Associates, Inc.
Well 2 Pump Test. As
,IQ = 15 to 15.5 gpm throughout test.
• — —. Ir
i 111 ■
■
■
-��
Static Water Level = 33.9 ft
E ■
JPump Set at40ft.
'Total Depth = 55.5ft. j
1/30/2004
Zancanella & Associates, Inc.
Well 2 Pump Test. As
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
the permit does not assure the applicant that no injury will occur to another vested water right or preclude
another owner of a vested water right from seeking relief in a civil court action.
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) This well is recorded, and permit approved, in accordance with CRS 37-92-602(5) for historic use as indicated
herein and described in CRS 37-92-602(1)(b), being a well producing 15 GPM and used for ordinary household
purposes inside one (1) single family dwelling, fire protection, the watering of domestic animals and poultry,
and the irrigation of not more than 10,000 of home gardens and (awns.
4) The date of first beneficial use, as claimed by the applicant is 1950.
NOTE: Parcel Identification Number (PIN): 23-2177-121-00-181
Assessor Tax Schedule Number: 210446
Property & Physical Well Address: 29512 Highway 6
Rifle, CO 81650
7
APPROVED
DMW
State Engineer
Receipt No. g 2 S 2 S b Q
rlrm INoi vrrwt yr i nt a 1 M 1 t uvtauvttrt
GWS -25 COLORADO DIVISION OF WATER RESOURCES
818 Centennial Bldg., 1313 Sherman St., Denver. Colorado 80203
(303) 866-3581
APPLICANT
JOHN McBRIDE
29512 HIGHWAY 6
RIFLE, CO 81650
(970)925-2102
REGISTRATION OF EXISTING WELL
kir(#1
LIR
•
WELL PERMIT NUMBER 2 0 6 2 6 6
DIV. 5 CNTY. 23 WD 39 DES. BASIN MD
Lot: Block: Filing: Subdiv:
APPROVED WELL LOCATION
GARFIELD COUNTY
, SE 1/4 NE 1/4 Section 12
Twp 6 S Rng 93 W 6th P.M.
DISTANCES FROM SECTION LINES
3850 Ft. from SOUTH Section Line
1250 Ft. from EAST Section Line
1-1
By
DATE ISSUED NOV 0 71997 EXPIRATION DATE /WA
GWS -25
APPLICANT
%JI.1-IL,L WI 11 IL J 1 H 1 C GVUIIVCC1I
COLORADO DIVISION OF WATER RESOURCES
818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203
(303) 866-3581
JOHN McBRIDE
29512 HIGHWAY 6
RIFLE, CO 81650
(970)925-2102
PERMIT TO CONSTRUCT A WELL
1095
WELL PERMIT NUMBER 2 0 6 2 5 5
DIV. 5 CNTY. 23 WD 39 DES. BASIN MD
Lot: Block: Filing: Subdiv:
APPROVED WELL LOCATION
GARFIELD COUNTY
SW 1/4 NE 1/4 Section 12
Twp 6 S Rng 93 W 6th P.M.
DISTANCES FROM SECTION LINES
2000 Ft. from NORTH Section Line
2600 Ft. from EAST Section Line
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
the permit does not assure the applicant that no injury will occur to another vested water right or preclude
another owner of a vested water right from seeking relief in a civil court action.
2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2,
unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction
and Pump Installation Contractors in accordance with Rule 18.
3) Approved pursuant to CRS 37-92-602(3)(b)(II)(A) as the only well on a tract of land of :1-',.36.36 acres described
as that portion of the SW 1/4, NE 14, Sec. 12, Twp. 6 South, Rng. 93 West, 6th P.M., Garfield County.
Reference attached exhibit A.
4) The use of ground water from this well is limited to fire protection, ordinary household purposes inside up to
3 single family dwellings, the irrigation of not more than one (1) acre of home gardens and lawns and the
watering of domestic animals.
5) The maximum pumping rate shall not exceed 15 GPM.
6) The return flow from the use of this well must be through an individual waste water disposal system of the
non -evaporative type where the water is returned to the same stream system in which the well is located.
7) This well shall be constructed not more than 200 feet from the location specified on this permit.
NOTE: Parcel Identification Number (PIN): 23-2177-121-00-181
Assessor Tax Schedule Number: 210446
/4/.,e F7
APPROVED
DMW
State Engineer
Receipt No. 4 252 SG, A
By
DATE ISSUED DEC 3 1 1PPJ EXPIRATION DATE DEC 3 1 1999
YVCLL l+V11JIf1Vl.iIIIJIV /11VU I r1Cr'.ir1I
GWS -31
10/94 STATE OF COLORADO, OFFICE OF THE STATE ENGINEER
1.
2.
4.
WELL. PERMIT NUMBER 2-0 (v
OWNER NAME(S)
Mailing Address -
City, SL Zip _
Phone (q-70)
fr-ide_
s 1 2 1lvy
7t5-0
P-,'- 2102
For Office Use only
RECEIVED
FEB d 1998
WATE NtSUJ CLS
STATE ENGINEER
WEU.. LOCATION AS DRILLED: S1/1% 1/4 /E 1/4, Sec. /Z. Twp. 6 S , Range 13It) 6 01
DISTANCES FROM SE
7--b"067 ft. from Sec. line. and- C00--0 ft: from �� Sec. line. OR
toast or west)
SUBDIVISION: LOT BLOCK FILJNG(UNIT)
STREET ADDRESS AT WELL LOCATION:
GROUND SURFACE ELEVATION ft. DRILLING METHOD 747r frz5
DATE COMPLETED Z " . TOTAL DEPTH 6-6— ft. DEPTH COMPLETED '6-5-
5. GEOLOGIC LOG:
Depth Description of Material (Type, Size. Color, Water Location).
REMARKS:
11, DISINFECTION: Type eh/ -v
12,
6. HOLE DI M. (in.) From (ft) To (ft)
i
7. PLAIN CASING
OD in Kind
Li
PERF. CAST : Screen Slot Size:
lata
From a4 -T Tom:)
8. FILTER PACK:
Material
Size
Interval
9. PACKER PLACEMENT:
Type
Depth
10. GROUTING RECORD:
Material Amount Density Interval PI cement
7-( �- ;�-�
Amt. Used 1� 4,1,
WELL TEST DATA: 0 Check box if Test Data is submitted on Form No. GWS 39 Supplemental Well Test.
TESTING METHOD 0/ e -
Static Level ;Z4— ft. Date/Time measured 1-/' s(2.22it1 , Production Rate -5a gpm.
Pumping level 3e2 ft. Date/Time measured /'/' gfc2q4f , Test length (hrs.)%J
Remarks
13. 1 have read the statements made herein and know the contents thereof, and that they are true to my knowledge. [Pursuant to Section 24-4-104 (13)(a)
C.R.S., the making o tams? statements erein constitutes perju`�in the secondCdegrf a and is punishable as a class 1' misdemeanor.]
CONTRACTOR 6I tt 1i 5 ' 11 I. 1 i ? UM S± 1106one (L%70) q1714)-- Y47q Lic. No. 6 3 ".
Mailing Address A2 =r2X �, / 10 �s. p, /p� $140Z 3
Signature
Name/Title (Please type or print)
Rte, C l jrn s /es.
Date
2-l! 3/q
J
p,l
JOHN C. KEPHART & CO.
\CT
AT
{
Es
435 NORTH AVENUE • PHONE: (970) 242-7618 ♦ FAX. (970) 243-7235 ♦ GRAND JUNCTION, COLORADO 81501
Received from:
— ANALYTICAL REPORT —
Zancarlella & Associates
Brad Peek
PO Box 1908
Glenwood Springs, CO 81602
4488 water
Customer No. Laboratory No. Sample
1/21/04 1/27/04
Date Received Date Reported
Lab number: 4488
Sample ID: McBride Well #1, , Garfield County,
Tin 2C), 2004, house
Nitrate/Nitrite
Nitrate(N)
Nitrite(N)
Total Dissolved Solids
0.67 moll
0.67 rrl ld / 1
0.00 moll
970 mg/ 1
Total Coliform Bacteria 0 colonies/100m1 sample
NOTES: Dates tested: 1/21/04 for Nitrite, 1/22/04 for Nitrate, 1/21/04
for bacteria, 1/26/04 for TDS. Lower detection limit: it: 0.01 md/ 1 Nitrate,
0.01 mcl/ 1 Nitrite.
Director: B. Bauer
J
JOHN C. KEPHART & CO.
J
J
[A
4AT
E�
435 NORTH AVENUE ♦ PHONE: (970) 242-7618 • FAX (970) 243-7235 • GRAND JUNCTION, COLORADO 81501
Received from:
— ANALYTICAL REPORT —
Zancanel1a & Associates
Brad Peek
PO Box 1909
Glenwood Springs, CO B1602
4473 water
Customer No. Laboratory No. Sample
1/16/04 1/23/04
Date Received Date Reported
Lab number: 4473
Sample ID: McBride Well #2, Garfield County,
Jan 15, 2004, 28512-- 6&24
Nitrate/Nitrite
Nitrate(N)
Ni tr-i to (N)
0.57 mc/1
0.53 moil
0.00 mg/1
Total Dissolved Solids 996 mg/1
Total Coliform Bacteria 0 colonies/100m1 sample
NOTES: Dates tested: 1/16/04 -for Nitrite, 1/22/04 for Nitrate, 1/16/04
for bacteria, 1/19/04 for TDS. Lower detection limit: 0.01 mg/1 Nitrate,
0.01 mg/1 Nitrite.
Director: B. Bauer