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HomeMy WebLinkAbout1.0 ApplicationVN GARFIELD COUNTY Building & Planning Department 108 8th Street, Suite 401 Glenwood Springs, Colorado 81601 Telephone: 970.945.8212 Facsimile: 970.384.3470 WWW.QarfleJC: -.' )Lith G:;3n RECEIVED JUL 0 3 2008 GARFIELD COUNTY BUILDING & PLANNING Subdivision Application Form GENERAL INFORMATION • Subdivision Name: S1110°0•41 ' L 7 I V f $. o,J A.- #6+ 1401 i 'i d i t(JP's • Type of Subdivision (check one of the following types): Sketch Plan Preliminary Plan X Final Plat Name of Property Owner: GEc F.E 57 -4u, -e., h-' /Zs GoI6 S -rd • Address: -Rt)• St'o`gy, Telephone: 970 614-- 07/7 Y City: S (LAC State: CP Zip Code: $145'2., FAX: r Name of Owner's Representative, if any (Attorney, Planner, etc): Telephone: 910 6 CSS 4So37 • City: (21"-') State: e-'' Zip Code: `131602 FAX: • Address: P.0 • K. 9 • Name of Engineer: 'fr. Address: 7-16.11-- (94,6 0,r Ps $ 1ff Telephone: 51v 24/ 5'6 t 3 ✓ City: CA 11-0. -r7 t_i- State: Zip Code: '`S-6 , FAX: • Name of Surveyor: • AddressTce-+,t F F 136 C 7 4,r, S; Telephone: R10 6 7.171 • City: lc' --t (ts • Name of Plefinf !.,/a 1- C4, i- Address: a f G+.)dr—ior? o State: GD Zip Cocie:qi‘Co FAX: Telephone: 970 9 2-34 • City: el+is State: Zip Code: )6.) $ FAX: boc tPP O GENERAL INFORMATION continued... Location of Property: Section 7-7 Township -7S Range 941Afri y Practical Location 1 Address of Property: 7' `_2. 34 rz1:1c14eovrt'. • Current Size of Property to be Subdivided (in acres):17 S'7 d C S Number of Tracts / Lots Created within the Proposed Subdivision: • Property Current Land Use Designation: 1. Property's Current Zone District: 4,41.12.0 2. Comprehensive Plan Map Designation: STuor Au:n 1- Lar•45 Proposed Utility Service: Proposed Water Source: CAA -Lev LL - ✓ (See "Attachment C" to be completed with Preliminary Plan Application) Y Proposed Method of Sewage Disposal: )S ) $ • Proposed Public Access V1A: lLe c o 36 ✓ Easements: Utility: SEX P& r Ditch: 5E47 4vh i • Total Development Area (fill in the appropriate boxes below): (1) Residential Single -Family Duplex Multi -Family Units / Lots A/o.. Size (Acres) Parking Provided Mobile Home (2) Commercial (3) Industrial Total (4) Public / Quasi -Public (5) Open Space / Common Area Floor Area (sg. ft.) Size (Acres) Parking Provided 15"f) +tfter 5.i}4' Total A)IINfc 4c.i'1 m 1 Y Base Fee: Sketch Plan - $325.00; Prelim plan - $675.00; Final Plat - $200 L 2 A ` GARFIELD COUNTY 2 Building & Planning Department 108 8th Street, Suite 401 Glenwood Springs, Colorado 81601 Telephone: 970.945.8212 Facsimile: 970.384.3470 www.garfield-county. core RECEIVED JUL 0 3 2008 GARFIELD COUNT' BUILDING & PLANNING Zone District 1 Comprehensive Plan Map Amendment GENERAL INFORMATION Y Name of Property Owner.: Gt 41/4 -. Six,.... L, L. -es ; S-rt4 .., 6, `r Address: O:34x '$A) Telephone: 4)10 tair C171-1 Y City: Sp.....r State: C•gb, Zip Code:$/65-2. FAX: Y Name of Owner's Representative, if any (Planner, Attorney, etc): &AC.. ekt LICA FE6lLr'r' Cloth aJL. F C:o.s. ea -SS Cr" SO (pc; 4 - t' r Address: -,ax s Telephone: 97o b'S 0337 Y City: G ws State: OD Zip Code:' 1 C o1 FAX: Street Address 1 General Location of Property: St. »/4 S+iJ'/4 SEcr1e1.r 77, 1$ 196+ ,Ae,4 10 L.1Z. Ido i PArpe+*b u•rko' Legal Description: SCe j 'rAt...r f 60 7)8-E9 4ss ss.. 1-20,1- L. j11 ... ck r 0419 - Z73 - be - co y Existing Use & Size of Property (in acres):l 11...4c Q4_ Si ae ''tr...4. /7S7p r Property's Current Zone District Designation ,,46212.D CC Y' Proposed Zone District Designation: c.Ar✓ '', (il.N1 r +�' fJ'J�`ue4-410t'kM, Property's Current Comprehensive Plan Designation: ?' -0v ‘ TC 7.5 y Property's "Study Area" Designation: SfiK,y' 44e-4 3 STAFF USE ONLY Y Doc. No.:7b EgY6Date Submitted: TC Date: Hearing Date: Y Planner: I. APPLICATION SUBMITTAL REQUIREMENTS As a minimum, specifically respond to all the following items below and attach any additional information to be submitted with this application: 1. The Colorado Revised Statutes (CRS) establish general standards of review for rezoning land in the county. The standard used to review a rezoning request depends on whether the proposed rezoning is in compliance with the Comprehensive Plan, If so, the proposed rezoning need only bear a reasonable relationship to the general welfare of the community. If the rezoning would be in conflict with the Comprehensive Plan, the Applicant generally needs to show either 1) that an error was made in establishing the current zoning, or 2) that there has been a change in the conditions of the neighborhood that supports the requested zone change. Depending on the subject property's Comprehensive Plan designation as mentioned above, you will need to appropriately address one of the following standards in a narrative form being as descriptive and specific as possible: A. The proposed rezoning for the subject property is in compliance with the Comprehensive Plan. As such, the proposed rezoning bears a reasonable relationship to the general welfare of the community. B. If the rezoning would be in conflict with the Comprehensive Plan, the Applicant generally needs to show either 1) that an error was made in establishing the current zoning, or 2) that there has been a change in the conditions of the neighborhood that supports the requested zone change. 2. If the proposed zoning of the subject property conflicts with the current designation as defined on the Comprehensive Plan's Proposed Land Use Districts Map, an Applicant may wish to amend the Comprehensive Plan designation so that the proposed rezoning does not conflict with the Comprehensive Plan Map. If an Applicant requests to amend this Map, they will need to provide a thorough narrative that shows how their proposed Comprehensive Plan designation is better suited than the existing designation by addressing the goals, objectives, policies, and programs listed for that designation in the Comprehensive Plan. This information can be obtained from the Building and Planning Department upon request. 3. Submit a zoning map showing the current zoning of the subject property and adjacent properties. 4. Submit a vicinity map showing relative location of the property at a scale of 1" = 2000', and extending at least'/x mile from all property boundaries. 5. Submit a copy of the appropriate portion of a Garfield County Assessor's Map showing all subject property and public and private landowners adjacent to the property (which should be delineated). 6. Submit a copy of the appropriate portion of a Garfield County Assessor's Map showing the subject property and all public and private landowners adjacent to your property (which should be delineated). In addition, submit a list of all property owners, private and public, and their addresses adjacent to or within 200 ft, of the site. This information can be obtained from the County Assessor's Office. You will also need the names (if applicable) of all mineral interest owners of the subject property, identified in the County Clerk and Recorder's records in accordance with §24-65.5-101, et seq. (That information may be found in your title policy under Exceptions to Title). 7. Submit a copy of the deed and a legal description of the subject property. B. If you are acting as an agent for the property owner, you must attach an acknowledgement from the property owner that you may act in his/her behalf. 9. Submit payment of the $450.00 Base Fee: Applicant shall sign the "Agreement for Payment" form and provide the fee with the application. 10. Submit 2 copies of this completed application form and all the required submittal materials to the Building and Planning Department. Staff will request additional copies once the application has been deemed technically complete, 11. PROCEDURAL REQUIREMENTS (A Zone District Map Amendment is considered a two step process because it is first reviewed by the Planning Commission which makes a recommendation to the Board of County Commissions. The following steps outline how the Zone District Map Amendment application review process works in Garfield County.) 1. Submit this completed application form (pages 1-4), base fee, and all submittal requirements to the Garfield County Planning Department. It will be received and given to a Staff Planner who will review the application for technical completeness. 2. Once the application is deemed technically complete, the Staff Planner will send you a letter indicating the application is complete. In addition, the letter will indicate the dates and times scheduled for your request to be heard before the Planning Commission during a public meeting (no notice required) and the Board of County Commissioners during a public hearing (notice required). The Planning Commission will forward a recommendation to the Board of County Commissioners to be considered during a properly noticed public hearing. Staff will send you the appropriate "Public Notice Form(s)" indicating the time and date of your public hearing and will provide you with a Staff Memorandum regarding your requested Zone District Amendment. (If Staff determines your application to be deficient, a letter will be sent to you indicating that additional information is needed to deem your application complete.) 3. Please note, if an application includes a request to amend the current designation as defined on the Comprehensive Plan's Proposed Land Use Districts Map, the request may be considered at the same meeting before the Planning Commission. However, the request to amend the Comprehensive Plan shall be considered prior to the request to amend the zoning map. In addition, the Applicant shall be required to provide proper notice (as described below) for the request to amend the Comprehensive Plan for the Planning Commission to hold a public hearing on the request. Further, the Planning Commission is the final decision maker en the Comprehensive Plan amendment request whereas the Planning Commission will make a recommendation on the rezoning request to the Board of County Commissioners. 4. It is solely the Applicants responsibility to ensure proper noticing occurs regarding the public hearing before the Planning Commission and / or the Board of County Commissioners. If proper notice has not occurred, the public hearing will not occur. Notice requirements are as follows: a. Notice by publication, including the name of the applicant, description of the subject lot, a description of the proposed amendment and nature of the hearing, and the date, time and place for the hearing shall be given once in a newspaper of general circulation in that portion of the County in which the subject property is located at least thirty (30) but not more than sixty (60) days prior to the date of such hearing, and proof of publication shall be presented at h earing by the applicant. b. Notice by mail, containing information as described in the paragraph above, shall be mailed to all owners of record as shown in the County Assessor's Office of lots within two hundred feet (200') of the subject lot and to all owners of mineral interest in the subject property at least thirty (30) but not more than sixty (60) days prior to such hearing time by certified return receipt mail, and receipts shall be presented at the hearing by the applicant. c. The site shall be posted such that the notice is clearly and conspicuously visible from a public right-of-way, with notice signs provided by the Planning department. The posting must take place at least thirty (30) but not more than sixty (60) days prior to the hearing date and is the sole responsibility of the applicant to post the notice, and ensure that it remains posted until and during the date of the hearing. 5. The Applicant is required to appear before the Planning Commission and the Board of County Commissioners at the time and date of the public meeting / hearing at which time they will consider the request. In addition, the Applicant shall provide proof at the hearing before the Board of County Commissioners (and Planning Commission for an Amendment to the Comprehensive Plan) that proper notice was provided. 6. Once the Planning Commission and/ or the Board of County Commissioners make a decision regarding the request(s), Staff will provide the Applicant with a signed resolution memorializing the action taken by either Board. Following the Boards' approval, this office will change the property's zoning designation on the zoning map and the Comprehensive Plan Map (if so decided) if approved. I have read the st- tem ents above and have provided the required attached information which is correct an ic ate to the best of my knowledge. 4101 (Sign. tur-'• Owner) L t Revised: 07/2007 GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT FEE SCHEDULE Garfield County, pursuant to Board of County Commissioners ("Board") Resolution No. 98-09, has established a fee structure ("Base Fee") for the processing of each type of subdivision and land use applications. The Base Fee is an estimate of the average number of hours of staff time devoted to an application, multiplied by an hourly rate for the personnel involved. The Board recognized that the subdivision and land use application processing time will vary and that an applicant should pay for the total cost of the review which may require additional billing. Hourly rates based on the hourly salary, and fringe benefits costs of the respective positions combined with an hourly overhead cost for the office will be used to establish the actual cost of County staff time devoted to the review of a particular project. Actual staff time spent will be charged against the Base Fee. After the Base Fee has been expended, the applicant will be billed based on actual staff hours accrued. Any billing shall be paid in full prior to final consideration of any land use permit, zoning amendment or subdivision plan. If an applicant has previously failed to pay application fees as required, no new or additional applications will be accepted for processing until the outstanding fees are paid. Checks, including the appropriate Base Fee set forth below, must be submitted with each land use application, and made payable to the Garfield County Treasurer. Applications will not be accepted without the required application fee. Base Fees are non-refundable in full, unless a written request for withdraw from the applicant is submitted prior the initial review of the application materials. Applications must include an Agreement for Payment Form ("Agreement") set forth below. The Agreement establishes the applicant as being responsible for payment of all costs associated with processing the application. The Agreement must be signed by the party responsible for payment and submitted with the application in order for it to be accepted. The complete fee schedule for subdivision and land use applications is attached. GARFIED COUNTY BUILDING AND PLANNING DEPARTMENT BASE FEES The following Base Fees shall be received by the County at the time of submittal of any procedural application to which such fees relate. Such Base Fees shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board for the consideration of any application or additional County staff time or expense not covered by the Base Fee, which have not otherwise been paid by the applicant to the County prior to final action upon the application tendered to the County. TYPE OF PROCEDURE BASE FEE Vacating Public Roads & Rights -of -Way $400 Sketch Plan $325 Preliminary Plan $675 + application agency review fees and outside consultant review fees, as authorized pursuant to the Regulations, such as the Colorado Geologic Survey Final Plat $200 Amended Plat $100 Exemption from the Definition of Subdivision (SB -35) $300 Land Use Permits (Special Use/Conditional Use Permits) ■ Administrative/no public hearing $250 ■ Board Public I --fearing only $400 ■ Planning Commission and Board review & hearing $525 Zoning Amendments ■ Zone District map amendment $450 ■ Zone District text amendment $300 ■ Zone District map & text amendment $500 ■ PUD Zone District & Text Amendment $500 ■ PUD Zone District Text Amendment $500 Comprehensive Plan Amendment $450 Board of Adjustment ■ Variance $250 ■ Interpretation $250 Administrative Permits ■ Floodplain Development $400 ■ Pipeline Development $400 Planning Staff Hourly Rate ▪ Planning Director $50.50 ■ Senior Planner $40.50 ■ Planning Technician $33.75 ■ Secretary $30 County Surveyor Review Fee (includes review of Amended Determined by Surveyor$ Plats, Final Plats, Exemption Plats) Mylar Recording Fee $1 1 — Is' page $10 each additional page Page 2 The following guidelines shall be used for the administration of the fee structure set forth above: I. All applications shall be submitted with a signed Agreement for Payment form set forth below. 2. County staff shall keep accurate record of actual time required for the processing of each land use application, zoning amendment, or subdivision application. Any additional billing will occur commensurate with the additional costs incurred by the County as a result of having to take more time that that covered by the base fee. 3. Any billings shall be paid prior to final consideration of any land use permit, zoning amendment, or subdivision plan. All additional costs shall be paid to the execution of the written resolution confirming action on the application. 4. Final Plats, Amended or Corrected Plats, Exemption Plats or Permits will not be recorded or issued until all fees have been paid. 5. In the event that the Board determines that special expertise is needed to assist them in the review ofa land use permit, zoning amendment, or subdivision application, such costs will be borne by the applicant and paid prior to the final consideration of the application. All additional costs shall be paid prior to the execution of the written resolution confirming action on the application. 6. If an application involves multiple reviews, the Applicant shall be charged the highest Base Fee listed above. 7. Types of"Procedures" not listed in the above chart will be charged at an hourly rate based on the pertinent planning staff rate listed above. 8. The Planning Director shall establish appropriate guidelines for the collection of Additional Billings as required. 9. This fee structure shall be revised annually as part of the County budget hearing process. Page 3 GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT AGREEMENT FOR PAYMENT FORM (Shall be submitted with application) GARFIELD COUNTY (hereinafter COUNTY) and (hereinafter APPLICANT) agree as follows: l . APPLICANT has submitted to COUNTY an application for ©A () Q (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that Garfield County Resolution No. 98-09, as amended, establishes a fee schedule for each type of subdivision or land use review applications, and the guidelines for the administration of the fee structure. 3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT agrees to make payment of the Base Fee, established for the PROJECT, and to thereafter permit additional costs to be billed to APPLICANT. APPLICANT agrees to make additional payments upon notification by the COUNTY when they are necessary as costs are incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional COUNTY staff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, APPLICANT shall pay additional billings to COUNTY to reimburse the COUNTY for the processing of the PROJECT mentioned above. APPLICANT acknowledges that all billing shall be paid prior to the final consideration by the COUNTY of any land use permit, zoning amendment, or subdivision plan. APPLICANT Sig ; ture Date: 6r 1 6ee c772c2 / Print Na Mailing Address:�„P ,ei ), Si /74 c -v/ 5)/6.512 10/2004 Page 4 30 June, 2008 Kathy Eastley, Senior Planner Garfield County Building and Planning 108 Eighth. Street, Suite 400 Glenwood Springs, CO 81601 Via Hand Delivery Eric D. McCafferty, President Compass Mountain Land Use, LLC Post Office Box 86 Glenwood Springs, CO 81602 tele: 970.618.0837 compass@sopris.net RE: Strong Subdivision and Planned Unit Development Dear Kathy, It is my pleasure to submit the Strong Subdivision Preliminary Plan and Planned Unit Development application for your review. Accompanying this letter are two complete copies of the applications and supporting information. If you require any additional information please contact me at your convenience. Sincerely, C— Eric D. McCafferty Ms Kathy Eastley Garfield County Senior Planner 108 Eighth Street, Suite 401 Glenwood Springs, CO 81601 Dear Kathy, This letter acknowledges that Eric McCafferty is working with me on the Strong Subdivision and Planned Unit Development and is authorized to act on my behalf. Thank you. Ge ge Strong 6/24/2008 29 September 2008 Ms Kathy Eastley, Planner Garfield County Planning Department 108 Eighth Street, Suite 401 Glenwood Springs, CO 81601 Via Hand Delivery Eric D. McCafferty, President Compass Mountain Land Use, LLC Post Office Box 86 Glenwood Springs, CO 81602 tele: 970.618.0837 compass@sopris.net sopris.net RE: Strong Subdivision and Planned Unit Development Kathy, Thank you for your detailed response to the Strong Subdivision and Planned Unit Development (PUD) applications. Many of your comments have been helpful in assisting us to better tailor the development plans. However, in some cases, there seems to be some confusion regarding what we are proposing and how it must comply with Garfield County zoning regulations. I will attempt to explain below, utilizing substantially the same format as your letter. PUD Guide You are indeed correct that this becomes the official zoning of the PUD. You request "...better defined descriptors for uses proposed to occur on the site..." Section 4.07.08 of the Garfield County PUD regulations states, in part, "All uses which are permitted in the underlying zone district...may be permitted in PUDs. " Unfortunately, we are limited by this language to only propose those land uses that can be allowed in the underlying, ,AJR/RD zone district. The PUD Guide adheres to this regulation by utilizing the county's current allowable uses and substantially the same definitions. While we would like to include additional uses and definitions, we are limited by this regulation. 1 have consulted the proposed new zoning and land use regulations and to the extent possible have attempted to meld the old with the new. Furthermore, I have attempted to better define some of the more general definitions, as contained in both the current and proposed regulations, to be more specific to this development. Yet, we are still lirnited to the uses allowed in the underlying zoning. The term "Heavy Equipment" is defined in the PUD Guide, where no definition currently exists in either the current or proposed land use regulations. You mention the PUD Guide uses a11 -encompassing terms that give the development maximum flexibility. I have two answers to that. The first is the definitions are those that are substantially contained in the current and proposed regulations. We feel that if they are adequate for the County, then they are adequate for this PUD. �l.. P Second, Section 4.02 of the county regulations specifically gives us the authority to propose flexible development and states: "The purpose of the PUD is to permit greater design, flexibility and, consequently, more creative and imaginative design for development than generally possible under conventional zoning and subdivision regulations." Design flexibility necessarily includes the construction of the text within the PUD Guide. Furthermore, the proposed uses within the PUD provide the limitations that you seem to be seeking. These uses, while complying with the requirement of only allowing those uses allowed by underlying zoning, specifically limit the uses within the PUD. Finally, I'm not at all sure what you mean when you state "This was not the intent when consideration of the PUD was recommended for the development." County planning staff never suggested the notion of a PUD. The necessity of the PUD was to address the possible piecemeal development of the overall site, because planning staff took the position that each subdivision lot would be required to be issued individual special use permits. Please remember the overall character of the area is industrial. What we are proposing with this PUD is entirely within the character of the area. Technical Reports Within the Application You are correct that some of the reports within the application are the same as reports previously submitted for the approved contractor yard special use permit application. These reports are still perfectly valid. Considering the uses by right proposed in the PUD Guide, the Contractor Yard use is the most intensive use of the site that could be allowed. All the other uses are more passive. Hence, the reports that considered contractor yard types of uses would encompass the other uses. Reiteration of the Industrial Performance Standards I think perhaps you are confusing zoning with covenants. The county does not typically get into the business of enforcing subdivision covenants. However, the county has absolute authority enforcing zoning. It makes no difference if it is the zoning of a particular parcel or zone district or if it is the zoning of a PUD. Including these standards in the PUD Guide absolutely gives the county enforcement action over the standards. This is the reason they are included. If the County identifies or is made aware of a zoning violation within the PUD, the County can seek to enforce the provisions of the PUD Guide and the included industrial performance standards. The special use permit issued to Frac Tech for a piece of property located northeast of the Strong property reiterated the exact same industrial performance standards as conditions of approval. It seems appropriate to do the same for this proposal. Internal Subdivision Roadway The roadway is not proposed to be paved. The roadway is crowned and any runoff would be intercepted by the adjacent swales, transmitted to the drainage ditch along the southern portion of the property to the sediment pond. Hours of Operation You state there are certain uses that should be limited due to noise impacts. There were no hours of operation limitations placed on the previously approved special use permit. Surrounding land uses and land uses within the vicinity are all industrial in nature. The nearest residential land use is over one mile from the site. The PUD Guide does place operating hour limitations on outdoor heavy equipment operation, allowing operations between 6:00 am and 8:00 pm. Current Special Use Permit We will add engineered septic systems to the PUD guide. The desire to rezone the property to PUD is to allow more flexible land uses that better address the development of the property as a site to support the burgeoning natural gas industry. Outside storage of heavy equipment is certainly a likely land use in the future. The PUD Guide contains language that storage shall not be allowed for inoperable vehicles and machinery in excess of 120 days, so the site will not become a junkyard. Zoning Issues Mobile trailer offices. Office uses of the site are allowed, but are restricted according to the size and amount of full-time employees for each office. If a mobile trailer office is used on the site, it would only be in the instance where a permanent office is being constructed and the mobile office is being utilized temporarily. I will clarify this in the PUD Guide. Fence Height. I will change this in the PUD Guide to conform with the DOW recommendations. The old fencing and telephone lines have been removed. Hazardous and flammable materials. All hazardous and flammable materials will be required to be handled in strict conformance with state and federal regulations. Non -usable materials. The PUD Guide, as noted earlier, does not allow long-term storage of inoperable vehicles or waste materials. Hours/screening for outside repair. Again, this is an industrial PUD, in an industrial area. We do not see the necessity to limit the hours or require screening. Coverage. Building coverage is limited to a maximum of 15% of the total lot area. Storage of materials would be allowed consistent with the proposed setbacks. Owner's association. According to my understanding of the regulations, there is no specific requirement to enact an owner's association or adopt and record covenants, at this time. The intent of the applicant is to, for the foreseeable future, own and lease the individual lots. At such time as the owner decides to sell individual lots, covenants would then be recorded, as would a well -sharing agreement. The owner will be responsible for maintaining the road and water system until such time as an individual lot is sold. Covenants would then control after that. In order to assist your review, I will provide draft covenants and a draft well -sharing agreement. Delineation of outdoor storage area. This is not possible at this time. We have no idea who or what kind of business will occupy the individual lots. Establishing specific development envelopes at this time, would likely require numerous amendments in the future. Sales. No outside sales are proposed in the PUD Guide. The uses itemized in the PUD Guide do not allow outside sales, which will strictly limit the amount of background traffic accessing the site. Traffic Study The study was completed in September, 2007, for the proposed contractor yard. The study was updated and amended in June, 2008, as noted on the cover page, and does study and address the expected traffic generated by the proposed, five lot subdivision. The study contains a copy of the proposed subdivision plat and the very first line of the study begins "The site is proposed to provide five lots..." Dan Roussin of the Colorado Department of Transportation seems to misunderstand that the 20% increase is only during peak morning and evening hours, not throughout the day. An example taken directly from the study specifically states "Following buildout of this development, if is anticipated that project -generated traffic would account for approximately 20% of morning peak hour traffic [emphasis added] using this [westbound 6 & 241 movement." The study concluded that improvement to the intersection is currently warranted, without the traffic generated by this proposal. The applicant would participate in road impact fees, a special improvement district, or similar, but should not be required to shoulder the burden of constructing the intersection improvements for contributing a fraction to the current traffic level. Water Supply System The State Engineer has reviewed the entire application, as noted in the letter to you dated September 8, 2008. The State Engineer has rendered its opinion that "...the proposed water supply will not cause injury to existing water rights... " This review surely considered the PUD Guide and the types of land uses proposed. The opinion is that no injury will be caused. While it is not specifically stated in the application materials, the owner intends to subdivide the property and continue ownership of the property. Sometime in the future, individual lots may be sold, but for the foreseeable future, the lots will be leased. Hence, the owner will be the entity that will build and maintain the water supply system. Prior to the initial sale of any of the lots in the subdivision, the owner will record covenants and a well -sharing agreement that will specify the ownership and maintenance obligations of the common elements of the subdivision, which will be encumbrances upon the individual lots. The adequacy of the water supply is not in question. However, a pump test is being conducted to demonstrate the physical capabilities of the well. The results of that test are attached for your review. Briefly, the well was pumped at 15 gallons per minute for 24 hours, with 100% recovery in 22 minutes. The owner has contracted with West Divide Water Conservancy District for 2.89 acre feet of water annually. The PUD Guide specifically limits the number of full-time employees that will be employed on the site. No outsides sales will occur that would increase the use of lavatory facilities or drinking fountains. There is plenty of legal and physical water to serve the needs of this development. Sound Study The sound study was conducted on the western portion of the site for the simple fact that the operation of the Encana Compressor Facility and the off-site noise impacts generated by this facility, located to the east, did not allow the establishment of a baseline for the study. The study concluded that the site is impacted more from sound emanating from off-site and adjacent land uses and traffic than it is by sound that would be generated on-site. There seems to be a question relative to cumulative impacts of the proposed uses for the five lots. We have discussed this with the sound engineer, who has told us there would be a very insignificant rise in the sound level, perhaps on the order of 5 dB. Unfortunately, he is out of town, but will provide a letter to this effect when he returns later this week. Wildlife Assessment We have adopted the suggestions regarding fencing provided by the DOW. Weed management is a requirement of the PUD Guide. Vegetation Plan The tamarisks on the site have previously been treated. There will be little additional surface disturbance as most of the improvements have already been constructed. No topsoil is being salvaged, as the prior use was for sheep grazing, which left no topsoil to salvage. Geology The CGS review letter was not forwarded to me for review, so I do not know what their concerns may be. However, the property is not within any identified floodplain, so it would appear this recommendation is unnecessary. Sanitation The test pit locations and studies conducted by Huddleston -Berry conform to the subdivision regulations. Test pits were dug and tested in representative locations across the site. A requirement for engineered septic systems has been added to the PUD Guide. A minor change to the PUD Guide has also been made regarding signage. The change allows the Lot Sign to be place anywhere within the boundary of the individual lot instead of at the entry to the lot. Thank you for the opportunity to respond to your comments. We look forward to presenting our applications to the Planning Commission on October 8. s Eric Compass d Use, LLC LC At cwit.p 611 eaturta 9 v -ted 117 itgent000d Sph qi ec' . /6C1 :Acne: 9 7C-9 1.';9 C:'f: 97C 99 S' -'t59 tckr.: 97C -61.59 Well Test DATE: September 29, 2008 TO: George Strong Box 808 Silt CO. 81652 RE: Well Test Attn: George, A twenty four hour well test was performed on a well located at Una Bridge. The following results were obtained: Well Depth: 38' Water Level: 17' 4" Drawdown: 4' 4" Sustained Yield: 15 GPM Clarity: Clear Recovery: 100% within 22 minutes If you have any questions, please call Rick, 945-6159. J & ivl 'urnp Inc i Richard A Holub i...ic. No 1196 Thank You! STRONG PLANNED UNIT DEVELOPMENT ZONING AND DEVELOPMENT CONTROL GUIDE A] Purpose To regulate land uses and impacts and to assure orderly use and maintenance of the PUD. 13] Zone districts within the PUD 1] Resource Support (RS) Zone District 2] Utility and Easement Zone District (UE) C] Definitions Communication Facility - A nonresidential structure supporting antennae and microwave dishes that disseminate radio frequency signals, including television and data impulses through space by means of radio and electromagnetic waves. Communication facilities include structures, towers and accessory buildings. Contractor Yard - The use of land within the PUD for the purpose of storing machinery, equipment and supplies for businesses that provide services to clients through the use of machinery, equipment and supplies. Such use may include office and repair facilities. Repair facilities and operations may be conducted within or outside of structures. Fabrication - The act of creating materials or products. Examples include, but are not limited to cabinet-making, woodworking, metal working, glazing, machining and welding, mixing of drilling fluids and similar materials. General Storage - The keeping of goods, materials, equipment, supplies, tools, machinery, automobiles and similar items. General storage is allowed within storage buildings or warehouses constructed within the PUD and also as open storage, in an orderly manner, within the boundaries of individual PUD lots. Long term storage of inoperable machines or vehicles shall not be allowed. Heavy Equipment Generally inclusive of large vehicles such as graders, earthmovers, cranes, oil and gas field equipment and similar vehicles and equipment. Material Handling - The loading or unloading of goods, materials, and products, in bulk. Processing - Change in the physical state or chemical composition of matter. Examples include, but are not limited to, sawmill, creation of glass, ceramic or plastic materials, concrete and asphalt batch plants. Strong Subdivision Planned Unit Development Guide Page 1 of 5 Solar Power Generating System aka Solar Array - A device or system that converts the sun's radiant energy into thermal, chemical or electric energy. Such facilities are intended to create electricity to be delivered to a variety of consumers beyond the facility. Storage of Oil and Gas Drilling Equipment and Supplies- The short-term or long-term storage of materials and supplies that are typically used in prospecting, drilling and servicing of oil and gas wells. Warehouse and Distribution Center - A structure or structures used principally for the inside storage and distribution of goods and materials, which includes land and buildings used as a relay station for the transfer of goods from one vehicle or party to another, and the parking and storage of tractor and/or other trailer units. DI Uses By Right - Resource Support District 1] Business offices associated with any categorized use. A] Business offices shall not exceed 1500 square feet. B] Lot 1 shall be allowed two business offices, each allowed up to three (3) full-time employees. C] Business offices on lots 2 through 5 shall be allowed one office on each lot and up to four (4) full-time employees per office. D] Business offices may be freestanding or incorporated into another structure. 2] Contractor Yard 3] Fabrication 4] General Storage 5] Storage of Heavy Equipment 6] Storage of Oil and Gas Drilling Equipment and Supplies 7] Communication Facility 8] Solar Power Generating System 9] Materials lab and testing 10] Material Handling El Uses Allowed by Special Review - Resource Support District 1] Processing 2] Warehouse and Distribution Center 3] Concrete and asphalt batch plant(s) All uses allowed within the PUD by Special Use Review must receive approval by Garfield County prior to inception of the use. FJ Uses Allowed by Right - Utility and Easement District 11 Installation and maintenance of utilities 2] Irrigation and drainage facilities and related structures 3] Access roads and driveways Strong Subdivision Planned Unit Development Guide Page 2 of 5 G] Lot Coverage and Setbacks Lot Coverage - Each individual lot within the PUD is allowed to have structures, either singular or multiple, that may cover a maximum of 15% of the total lot area. Setbacks Building Setback from County Road edge of right of way - 25 feet Storage Setback from County Road edge of right of way - 15 feet Setback from internal road system - 5 feet Internal Lot Line Setbacks - zero (0) feet if lot lines are delineated by a fence or similar structure; five (5) feet if no fence delineates the lot line. 01 Maximum Height of Structures Within the PUD Structure Height: 35 feet Storage silos may be up to 40 feet in height. I] Parking Office Parking Requirements: One (1) space per 200 square feet of office floor area. Parking for storage purposes: Shall be allowed on the entire impervious area of a lot. Parking shall not be allowed on or within the PUD road rights-of-way or easements. J] Fencing Fencing is allowed on all lots in the PUD. Maximum height of the fencing on any lot is restricted to ten (10) feet. If barbed wire will be utilized, it must be at least 6 feet off the ground. Individual lot owners or the lessee of the individual lot shall be responsible for maintenance and upkeep of the fencing surrounding the lot. Any fencing that is shared by adjacent lots shall be maintained jointly by the adjacent lot owners or lot lessees. K] Lighting All lighting shall be downcast and shaded to limit glare or reflection on adjacent property. Height of exterior lighting shall be limited to 20 feet. LI Signage Each lot shall be allowed no more than two (2) signs. One sign is allowed to be placed on a wall of a structure or building, the second sign may be placed anywhere within the boundary of the lot. Wall Signs - may be up to 64 square feet in size. Lot Signs - may be up to 32 square feet in size. Performance Standards This section shall regulate the operation of the allowed land uses within the PUD. The standards are intended to ensure compliance with the Industrial Performance Standards generally accepted Strong Subdivision Planned Unit Development Guide Page 3 of 5 by Garfield County. All operations shall be conducted in such a manner as to minimize heat, dust, smoke, vibration, glare and odor and all other undesirable environmental effects beyond the boundaries of the property. Sound: Volume of sound generated shall comply with the standards set forth in the Colorado Revised Statutes; Vibration generated: Every use shall be so operated that the ground vibration inherently and recurrently generated is not perceptible, without the use of instruments, at any point of any boundary line of the property on which the use is located; Emission of smoke and particulate matter: Every use shall be operated so as to comply with all federal, state and county air quality laws, regulations and standards; Emission of heat, glare, radiation and fumes: Every use shall be operated so that it does not emit, heat, glare, radiation or fumes that substantially interfere with the existing use of adjoining property or that constitute a public nuisance or hazard. Flaring of gases, aircraft warning signals, reflective painting of storage tanks, or other such operations which may be required by law as safety or pollution control measures shall be exempted from these provisions. All storage areas shall be operated within the following performance standards: 1] Storage of flammable or explosive solids or gases shall be in accordance with accepted standards and laws and shall comply with federal, state and local fire codes and written recommendations from the appropriate local fire protection district. 2] No materials or wastes shall be deposited on any lot within the PUD in such manner or form that they may be transferred off the property by any reasonable foreseen natural causes or forces. 3] Storage of heavy equipment will be allowed subject to the following standards: A] All equipment storage will be enclosed in an area with screening at least eight (8) feet in height and obscured from view at the same elevation or lower. B] Repair and maintenance activities requiring the use of equipment that will generate noise, odors or glare beyond the property boundaries may be conducted within a building or outdoors, so long as negative effects caused by these operations are not transmitted off the PUD site. Outdoor heavy equipment operation hours shall be between the hours of 6 am and 8 pm. C] All loading and unloading of vehicles shall be conducted on private property within the PUD and shall not be conducted on any public right-of-way. Strong Subdivision Planned Unit Development Guide Page 4 of 5 4] Potential for water pollution: If any use is conducted in a manner whereby potential water pollution could occur, the use shall be required to install safeguards designed to comply with -the regulations of all federal, state and county regulatory agencies. General Allowances, Maintenance and Upkeep of the Land Within the PUD All uses of land and structures within the PUD shall be in an orderly fashion. No use of the land shall be for the long-term storage (defined as storage in excess of 120 days) of inoperable machinery, equipment, automobiles or waste materials. Any vehicles stored within the PUD shall maintain current registrations and licenses. No outside watering of landscaping shall be allowed within the PUD unless an individual lot owner or lessee obtains a sufficient amount of irrigation water and applies for the necessary permits. Individual lot owners or lessees shall be responsible for weed control. Weeds shall not be allowed to thrive anywhere within the boundaries of the PUD. All storage of materials shall be conducted in strict compliance with state and federal regulations. All required documentation shall be kept on-site and open for inspection. All buildings and structures shall be finished with earth -tone colors, except where required by safety considerations. Leasehold interests in individual lots shall be allowed. More than one leasehold interest may be allowed on the individual lots within the PUD. Engineered individual sewage disposal systems are required for each lot. One mobile office trailer is allowed on each lot and may only be utilized in conformance with Section D(1) of these regulations. The mobile office trailer is temporary and must be removed upon issuance of the certificate of occupancy for the permanent office. All hazardous and flammable materials are required to be handled in strict conformance with state and federal regulations. Strong Subdivision Planned Unit Development Guide Page 5 of 5 12 November 2008 Ms Kathy Eastley, Planner Garfield County Planning Department 108 Eighth Street, Suite 401 Glenwood Springs, CO 81601 Via Hand Delivery Eric D. McCafferty, President Compass Mountain Land Use, LLC Post Office Box 86 Glenwood Springs, CO 81602 tele: 970.618.0837 compass@sopris.net sopris.net RE: Strong Subdivision and Planned Unit Development Kathy, Pursuant to the conditional approvals recommended by the Garfield County Planning Commission at its hearing October 22, 2008, I am submitting, herewith, revised subdivision and PUD documents. The PUD Guide, proposed draft declaration of covenants and the proposed draft well -sharing agreement have been amended consistent with the staff specific recommendations and the Planning Commission recommendations and motion to approve. The following sections have been amended: Planned Unit Development Guide: Standard 9, page 6. The standard has been amended to allow lots to be used "in tandem" without being considered merged in title. Standard 14, page 6. This standard has been amended to create a tie to the section of ASTM that addresses the scope of a Phase 1 Environmental Site Assessment. Item 7, page 7. This item has been added to regulate the number of categorized uses that are allowed to be conducted on an individual lot to one (1). Draft Declaration of Covenants: General formatting changes have been made to the document. Former Section 3.08 addressing encroachments has been removed in its entirety. Section 4.01 has been amended to conform more closely to the PUD Guide, noting those uses allowed as uses -by -right and uses allowed by special review. This section creates additional ties to the PUD Guide in paragraphs (b) and (c). Section 4.14 Variances has been amended to state that the subdivision covenants shall not abrogate zoning. Section 11.03 Amendments has been amended to state that no amendment to the covenants shall have the effect of abrogating zoning. Well -Sharing Agreement: Item 3 has been amended to apportion the ownership interests from 1/5 interest to 116. Item 4 has been amended in a similar manner and giving the operation assessment to the Parcel Owner's Association. Item 6 has been amended similarly. According to my notes from the aforementioned hearing, these are the specific areas of required amendment to the documents. If you have any additional items that I have not addressed, please contact me at your convenience. Thank you. Sincerely, Eric D. McCafferty STRONG SUBDIVISION AND PLANNED UNIT DEVELOPMENT Summary The Strom;. Subdivision and Planned Unit Development has been planned to provide essential services to the burgeoning natural gas industry in western Garfield County. The property has been planned to allow a variety of uses of the property. without the necessity of obtaining individual special use permits every time a land use is proposed or changed. To that end, the items submitted are meant to establish a baseline review of traffic. noise and other development and planning criteria. Hence, with the information submitted, it will not be necessary to require additional. complex reviews for most land uses proposed within the PUD. Site and Situation The subject property is 17.57 acres in size. located approximately 5 miles west of Parachute, south of Highway 6 & 24 and east of County Road 300. The Una Bridge is approximately 0.5 mile south of the subject property. Existing zoning is A/RJRD. The general area is currently being used in an industrial manner with nearly all adjacent properties being utilized to support. in some manner or another. the natural gas industry. Adjacent land uses include the Encana Natural Lias Compression Facility to the east. FracTech to the northeast. an operating gravel pit to the south. and the Traveler's l Iighlands Commercial Subdivision located north and west. The Union Pacific Railroad tracks are located immediately north ot'the subject property. the property slopes gently from northwest to southeast and has no steep slopes that would preclude development of any portion of the properly. There are no known hazards associated with the site. A warehouse and office structure have recently been completed in the southwestern portion of the property. Strong Subdivision and Planned Unit Development Page 1 of 6 Recent History In October. 2007. the subject property received special use permit review and approval to allow a contractor yard. Subsequent interpretation of the permit by Garfield County planning staff resulted in staff taking the position that only the western portion of the site could be utilized as a contractor yard. not the entire property, A discussion was held with planning staff regarding the hest way to review and permit the remainder of the property for similar land uses. Instead of applying liar individual special use permits for future land uses, it was generally decided that the formation of an industrial PUD would best utilize the entirety of the site. All required studies have been completed and are submitted with this application. These studies establish the baseline for commercial and light industrial operation of the site. The level of detail of this application allows the County to conduct an in-depth. comprehensive review of the proposal. In most cases, the studies are sufficient to allow the various uses proposed in the PUD Guide, without further county review or permitting. However, in a few cases. further planning and permitting review would likely be warranted. Those land uses are provided as special uses in the PUD Guide and are required to conform to the applicable county review and permitting regulations. The Sketch Plan was considered by the Garfield County Planning Commission on May 14, 2008. At this meeting, the notion of the PUD was discussed by the applicant, planning staff and the Planning Commission. Planning staff recommended the pursuance of a PUD in order to exclude residential land uses from the underlying, A/R/RD zoning and create a development without incompatible land uses. Specifically, planning staff stated. "The true issue is the area should be rezoned to reflect current uses and allow the proposed light industrial use because the area meets the principles of the performance based systems in [the] Comp Plan." The Planning Commission generally agreed with this approach. Specific Development Proposal The property is proposed to be subdivided into five (5) commercial or light industrial lots. The lots will vary in size from approximately 2.4 acres to 4.8 acres. No residential land uses are proposed for the subdivision, as they may be considered incompatible with the commercial nature of the property. Rezoning to Agricultural Industrial was considered alongside the PUD rezoning. as were Resource Lands, Commercial General and Commercial Limited zoning schemes. Planned Unit Development is the preferred. proposed zoning. for the simple fact that it alloys the most appropriate types of land uses. Strong Subdivision and Planned Unit Development Page 2 of 6 • Two zone districts are proposed, the Resource Support (RS) district and the utility and Easement (UF) district. The RS zone district comprises all oldie subdivision lots. encompassing nearly" 14.8 acres. The Ul: district encompasses the utility and easement locations throughout the subdivision, comprising 1.2 acres. The road right-of-way accounts for the remainder of the pCoperty. S{ The lots will each be allowed a warehouse or indoor storage structure that could be up to 15% of the total lot area in size. Each lot would also he allowed attached or unattached office structures for the use of employees working on site. The offices will he completed to include customary l vatory and mfort facilities. but would not have residential quarters. Within the proposed zone text (PUD Guide) there is provision for land uses that are not now contained in the underlying AIRIRI) zone district. These uses were obtained from the draft land use regulations currently being considered for adoption by the County Commissioners. The rationale is that if the land use is found to be in conformance with the proposed regulations and appropriate for the applicable zone district. in this case the Rural district. then the use will be in conformance with the Comprehensive Plan and allowable within the PUD. Specifically, the allowance for Warehouse and Distribution Center, as a special use, would be an excellent potential future use of the site. given the proximity of the Union Pacific railroad tracks. Open Space Discussion Typically, PUDs must provide 25% of the land area to be set aside as common open space. This provision is predicated on the mix of different land uses that comprise the typical PUD, often proposing the creation of commercial and residential land uses within the sante development. Open space is utilized within these types of developments to create buffer areas between the different land uses, as well as create recreational areas and opportunities for occupants of the PUD. Section 4.07.09 of the Garfield County Zoning Resolution of 1979, as amended. gives the Board of -County Commissioners discretion in determining or reducing the amount of open space that should be provided within a PUD. Specifically. this section states "Ip1rovided. however, that the County Commissioners may reduce such requirement if they find that such decrease is warranted by the design of, and the amenities and features incorporated into the Plan, and that the needs of the occupants of the PUD for Common Open Space can be met in the proposed PVD." The P1'1) plan proposes a strictly commercial and light industrial development that does not incorporate any residential or recreational components. Because of this. buffer zones are not required between lots or land uses. Further. the general vicinity is already largely developed in an industrial manner and the requirement for "parkland.' within the area would be completely out of character with the area. Finally, the area is quite arid. has no irrigation rights and attempting Strong Subdivision and Planned Unit Development Page 3 of 6 to make the desert bloom would not he an efficient use of land or water. I'or these reasons. the Plan proposes to not set aside land fiar common open space. Comprehensive Plan Compatibility The subject property is located in Study Arca 3 of the Garfield County Comprehensive Plan. Unfortunately, this section of the Plan is largely silent on the natural gas industry. I however, the Plan does provide some guidance relative to industrial development. such as: "Garfield ('orurtt° will encourage the development of a cliver.s'T/reel industrial base far the County which recogni:es the human resources. natural resources and physical location -to -market capabilities girlie community, and which litrther recogni_e.s and addresses the social and environmental impacts of industrial uses.- Goals, page III -7. As previously discussed, at time of Sketch Plan review. planning staff recommended the pursuit of the PUD noting the rezoning would make the subject parcel more compatible with the surrounding land uses, especially by precluding the potential for residential use, as allowed by the current, underlying zoning. Moreover, the area is currently being utilized largely to support the natural gas industry. The proposed PUD is in conformance with the existing and ongoing land uses and is in general 110.) conformity with the Comprehensive Plan. • Traffic A formal traffic study has been completed, evaluating the traffic expected to by generated by the proposed uses within the PUD. In summary, the study concluded "The intersections of [.,!S 6.24 and the CR 300 and f 'na Site Access are e pected tea. firnclion satisfactorily both at project build -out and in the Year 2030 planning horizon from a capacity standpoint.' and "The overall Levels of Service in the surrounding roadway network oldie proposed Una cle velopinent erre anticipated to he acceptable through the long-range planning horizon. provided the recommended inrproverrrents are made,- It ade," It should he noted the "recommended improvements,'" which include deceleration and turn lanes are "...currently warranted by the existing traffic nrdrrrrtes at this location" (emphasis added). Hence. the proposed development is not the proverbial straw that broke the camel's back. necessitating the suggested improvements. Improvements are warranted and should be provided in a comprehensive manner and could likely be financed from. the mineral severance tax Garfield County receives. Strong Subdivision and Planned Unit Development Page 4 of 6 Water Supply As planning for the site has progressed. a succession of well permits have been approved and issued. The uses proposed 1vithin the PUD have been evaluated and an amended West Divide \Vater Conservancy contract has been procured. This contract has been sent to the State Engineer's Office to further anlend the well permit for the property. As mentioned previously. there will he no residential uses within the PID. !knee. the %voter requirements xvithin the development will be much less than a typical subdivision or PUD. The Water Use Estimates table demonstrates the amount of %water that xvi11 be utilized on an annual basis. Sound Study Report A noise study has been conducted. evaluating the typical types and amount ()incise that would be associated with this development. It should be noted that off-site noise impacts were often greater than the noise generated from the expected uses of this development. In summary. the expected noise levels are within State allowances. Storm Water Management Plan A Storm Water Plan has been developed for the site. The Plan specifies best management practices to be utilized throughout the development and use of the site. Individual lot lessees or owners will be required to adhere to the specifications of the Plan.' Wildlife Assessment and Mitigation Plan A Wildlife Assessment and Mitigation Plan has been conducted for the site. The study concluded the site is likely of "...relatively low value habitat for several common species of wildlife." The study does recommend that further. future management of weeds wilt be flilikely; ) his suggestion will be made a requirement of future lot owners or lessees. (] i %` Vegetation and Noxious Weed Managernent Plan A Vegetation and Noxious Weed Management Plan has been conducted for the site. Specific recommendations of the Plan will be made requireiiients of future lot owners or lessees. gr f Strong Subdivision and Planned Unit Development Page 5 of 6 • Geotechnical Investigation .1 geotechnical Investigation was conducted on the site by the engineering firm lluddleston-Berry. "[his subsurface investigation evaluated the sol properties. utilizing four test pits spread across the project site. Recommendations contained in the investigation will be made development requirements for future lot owners or lessees. {'.. Engineering, Individual Sewage Disposal Systems and Drainage`'Plan rr , '1 n ZAO Engineering has completed the engineering for the water system and engineering on the roadway. A drainage plan has also been developed that considers the drainage patterns and amounts of the entire subdivision site. The Plan makes specific recommendations. which will he made requirements of future lot owners or lessees. Strong Subdivision and Planned Unit Development Page 6 of b I111 1411 6i17lSrMI, 'iiSiY'Z;f3ilAli er ,l rCI, ill Recept1on6: 737571 11212007 12 56 22 PA Jean Albarico 3 of 4 Roc Fe. SO „O 4cc Fee 0 00 GQRFtEt0 COUNTY CO the consulting engineer regarding the adequacy of the proposed system to provide sanitation services to a contractor's yard shall he submitted at the time of applying for an ISDS; 10. Storage of flammable material shall be conducted utilizing the Best Management Practices identified in the Stormwater Management Plan prepared by Wagon Wheel Consulting and all applicable regulations; 11. The Applicant shall implement the Best Management Practices identified in the Stormwater Management Plan; 12. A Certificate of Occupancy for the proposed structure shall not be issued until the Chairman of the Board has signed the Special Use Permit; 13. All storage of Heavy Equipment shall be conducted within the proposed storage building; Dated this M day of 1 O J , A.D. 2007 GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COUNTY, COLORADO Upon motion duly made and seconded the forego! so tion was ado • d by the following vote: COMMISSIONER CHAIR JOHN F. MARTIN , Aye COMMISSIONER LARRY L. MCCOWN , Aye COMMISSIONER TRESI HOUPT , Aye Ell fil.FINPAM10111.:0,1.0441ilfill441.11,14 1111 Reception$; 737873 11/20/2007 12 56 22 PM Joan Riber,oc 4 of 4 Rem FeA SO 00 Doc Foe 0 00 GMAF1EL0 COUNTY CO STATE OF COLORADO ) )ss County of Garfield ) I, , County Clerk and ex -officio Clerk of the Board of County Cornrnissioners, in and for the County and State aforesaid, do hereby certify that the annexed and foregoing Resolution is truly copied from the Records of the Proceeding of the Board of County Commissioners for said Garfield County, now in my office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this day of , A.D. 2007. County Clerk and ex -officio Clerk of the Board of County Commissioners 4 • Strong Subdivision PUD Adjacent Landowners and Landowners Within 200 Feet 2409-342-00-108 William Patterson Rodney Power P.O. Box 1 329 Grand Junction, CO 81502 2409-342-00-107 l leritage Trust CO Ronald & Marie Tipping P.O. Box 1329 Grand Junction, CO 81502 2409-324-00-138 Specialty Restaurants Corp. Stockton Restaurant Corp. 8191 East Kaiser Blvd. Anaheim, CA 92808-2214 (No Assessor Parcel Number) Union Pacific Railroad Rod Peterson 1400 Douglas Street Mail Stop 1690 Omaha. NF 68179 Compiled: 5/20/2008 Updated: 6/24/2008 Mineral Owners and Lessees Anvil Points Properties, LTD Joseph Scott 2801 Youngtield Street, Suite 310 Golden. CO 80401-0210 Leased to: Williams Production RMT Company 1515 Arapahoe Street. Tower 3. Suite 1000 Denver, CO 80202 • LEVEL 2 AUXILIARY TURN LANE ASSESSMENT For Una LLC Garfield County, Colorado September 14, 2007 Revised June 4, 2008 PREPARED FOR: Una LLC George Strong PD Box 808 Silt, Colorado 81652 970.625.0777 PREPARED BY: Drexel, Barrell & Ca. 123 North 7th Street, Suite 300 Grand Junction, CO 80151 970.257.1350 Contact: Brad Jones, PE Drexel Barrell Project Number. J 1064-1 LEVEL 2 AUXILIARY TURN LANE ASSESSMENT Una Development Table of Contents 1.0 Project Description 3 2.0 Project -Generated Traffic 6 3.0 Projected Background Traffic Growth 10 4.0 Total Projected Traffic i4 5.0 Level of Service Analysis 14 6.0 Site Access 20 7.0 Recommendations 22 8.0 Conclusions 22 Tables and Figures Table 1: Level of Service Summary Traffic Figures Appendices Synchro Calculations, Version 5 Traffic Counts Una LLC Development, J1064 H:\J1064-1\Reports\Traffic\J1064 TIS 6-4-48.doc Page September 14, 20 1.0 Introduction This document serves as a CDOT Region 3 "Level Two" Traffic Assessment examining the effects of project -generated traffic on the roadway network near the proposed Una development. The Una site will include an oil and gas drilling storage yards and warehousing. The analysis includes impacts for the projected buildout Year 2008 and long-range planning Year 2030. The Una property access is located on the east side of Garfield County Road 300, approximately 340 feet south of the intersection of County Road 300 and US Highway 6 and 24. The EnCana compressor station is located southeast of the site, a Union Pacific railroad line borders the site to the north and a gravel pit borders the site to the south. A map of the surrounding area is shown below: Vicinity map for the Una Development. Gram ' 6a::itamen[ Parachvie 1.lisa Una LLC Development, J1064 H: �J 1064-1 \Reports \Traffic\J1064 TIS 6-4-08.doc Page September 14. 20T7 US 6/24: US 6/24 is an east -west roadway connecting De Beque to Parachute. US 6/24 travels roughly parallel to 1-70. Adjacent to the site, the Colorado Department of Transportation, CDOT, classifies US 6/24 as R -A, regional highway. The speed limit is posted at 50 mph in the vicinity of the development. In the vicinity of the CR 300 intersection, US 6/24 consists of two twelve -foot through lanes with gravel shoulders. There are no acceleration/deceleration lanes at this intersection. County Road 300: This roadway is a two- lane, north -south County road. The Garfield County has identified CR 300 as a preferred haul road in the area of the Una development. In the vicinity of the US 6/24 intersection, the posted speed limit is 35 mph. The north leg of the US 6/24 and CR 300 intersection is a private access into a concrete product facility. CR 300 crosses the Colorado River south of the site and connects to the Battlement Mesa development. A site plan of the property is illustrated in Figure 1. The site is anticipated to have one proposed access point to CR 300, approximately 340 feet south of the intersection with US 6/24. Una LLC Development, 11064 Page H:\J7064-1\Reports\Traffic\J 1064 TIS 6-4-08.doc September 74, 20077 • • • Flgure 1: Sita Plan • • Vicinity Map Scale: 1"- 2000' OWNERS PLIMSR new". lemma Mem' •MtIOWATt etusfrn ..r [Ann Wmrprry s. prxtopwr sukvEll l WWI nw watt Mem en wala ilMel Flee OW dNfdNEdR Wowlerriewernem OOARO OF CPUNTY CTJMJC&SQNERgCFMAFIGf remyFur, ...nommen" Fur newer, emclamuneiwwwwwwwwwnwerenn•WWW, F6.41414. WeeMenawarmet sewn fee, mei MVO= reeAnnoarwww Few new Or AWFdir SVaellIPRJl"rOPP• WWWMIeWerWeew wee,* or.. wed wwwwietwpw man, dew,. 04 AMU AN :41 Weem or Ewa -1w mu mann. e,moe Sketch Plan STRONG SUBDIVISION Located in the SWI/4SWI/4 of Section 27, Township 7 South, Range 96 West, 6th P.M., Garfield County, State of Colorado r rmr.r Met h.+weewnmw.R.e rM_trarann.rneceTnw.trpref. F rfr:n r a0tirwrr ...r. 115 CFr%Ar�w• t, emmme I•14,71,i *WW•m141cmiem, Sew.. mow ewe IMF, rheer weeMar• *Wow morel men men. irt.414.1. OOrraw• lewreriwamo we. am, merr amier P WW1 rw rraY meeWMW n 7 Prmw,MAvfwinner I 4WD. Marl PFWMFFFM emma• 44,1)0 WW1 realmtetw 4WWFOselwinsiree .11.0.43 reef,. Wm., FM 4.0FaleMM me vim ewe^ wwwwwween W44,411,41•Teramamanarweeeemn• l&lefs.,ratun.lur.irat Mit iN•'rVRAM4G HPArPrWrllc-NrC rwew rWmierm FF.. MO. Wm* ea.., Mit mu Ma. leemaNwienitmeme Awl Immeme ertior imece.mur, Awe mix rw44,41t Pe ¢r net atolrAlhrrf« AMhrN+firua MlY 10#1,44. 19714404.4.0 4041. Int NMI • AWAIT SPIWE IPPI CE R I Tnce n memowrowwwwwavAttefrwermwa nem Wm Ira norrwairr 11.1151.0 Crilinirl.M11174r GRAPHIC SCALE e LE(R(I.GAiYu FIF AEATr elfaMO ANA nWNdRSIpT uenereme .• 1WwW.1.44•WateerS OW TN WwireaMmEra. WOW An MU meeleWeit rleMaemem, .11•00 eferMAIWA awe feYmRffrca rvrilrc r a TIMF144 at MOT IMPLY. ea rew meswesere •• irr 91.04F zf. erl Mm. fYN rw. 106.11r4 RWR. GYfaxUlYM#IMiL rVWR Re. Owes nrn4eAAt17WWWWsmwva AI' CMAN1 r oft OF t4 .r,,t.1 * NSue]RCYAr ,, rY! J ,313 OWWI ITIVI�In. /Ofrlr ir. rem ormgflrErAK.f•fdOWW FAA WW1,.. WW1 saw emnrr•"r. Meer WW14WWW44.4.111CAnme, new awe rm.. Fromm, mew Woe. Wr nwarrel, Ar ewelemnega Comm fltnILAri, AND rl,401.e rmthe M1,4, flr��N Few reMem-4••• Met mfWORM. Wnu eats mMrrrl mr nraSuea%WWI Orr," r nt 1MMwOMMTM WWWWWr Wan OW reser An, nem. ertAra flee 1•51afmilMeN WOW Mr MM." Ma mg er.rgrinc mamma new_ teemei .A.4• aw• reglerrteMeWOMIKM rntnrar .wq[•rolM4e 411114.4n411114.4nFiE+Ye+41rr(11 PAN.,. A0. Imr4r err Arseu FtdRKANA IMCOR rERS CERTIFTGIT{ new evert% Arrweerearew num= mix mewl. IF no YSNrewnLfxr. e" Nr.+ xa.r 00x90-01 2.0 Project -Generated Traffic The site is proposed to provide five lots intended as equipment storage for oil and gas drilling. The traffic generated as a result of the site has been estimated based upon operational information provided by the client, and peak hour information is presented below. The client provided information that this peak hour estimate is based on can be seen in the Appendix. Because the site does not conform to a standard ITE land use code, the ITE Trip Generation Manual was not used to estimate project -generated traffic. As a comparison to the client provided data, a trip generation estimate based on the ITE Land Use Code #130, Industrial Park and a total of 20 employees at the site following buildout, can be seen in Table 1. It is anticipated that ninety-five percent of the outbound project -generated traffic will exit the site and travel north on CR 300. North of the site, at the intersection of US 6/24 and CR 300, sixty percent of the outbound traffic is anticipated to travel east on US 6/24 towards the Town of Parachute, and the remaining thirty-five percent is anticipated to travel west on US 6/24 towards De Beque. There is access to Interstate 70 at each of these Towns. Five percent of traffic is anticipated to travel south on CR 300. The percentile distribution can be seen in Figure 2. Project -generated traffic as assigned to this distribution can be seen in Figure 3. Una LLC Development, J 1064 Page H:\J1064-1\Reports\Traffic\11064 TIS 6-4-08.doc September 74, 2007 • • Morning (7:00-9:00 am) Evening (3:00-5:00 pm) Employee & Equipment Storage Traffic 25 inbound, 5 out 5 inbound, 25 outbound Maintenance / Deliveries 0 inbound, 0 outbound (occurs off-peak hours) 0 inbound, 0 outbound (occurs off-peak hours) It is anticipated that ninety-five percent of the outbound project -generated traffic will exit the site and travel north on CR 300. North of the site, at the intersection of US 6/24 and CR 300, sixty percent of the outbound traffic is anticipated to travel east on US 6/24 towards the Town of Parachute, and the remaining thirty-five percent is anticipated to travel west on US 6/24 towards De Beque. There is access to Interstate 70 at each of these Towns. Five percent of traffic is anticipated to travel south on CR 300. The percentile distribution can be seen in Figure 2. Project -generated traffic as assigned to this distribution can be seen in Figure 3. Una LLC Development, J 1064 Page H:\J1064-1\Reports\Traffic\11064 TIS 6-4-08.doc September 74, 2007 • • • • �— DREXEL, BARRELL R CO Engineers - Surveyors Phone {303) 442-4338 Fax (303) 442-4373 PROJECT NAME: DATE: REVISED: Una Developmenl 13 -May -08 PROJECT NUMBER: J1054-1 PREPARED BY: CSV Table 1 Una Development Estimaled Project -Generated Traffic' ITE Code Units Trip Generation Rotes Avg, AM PM Weekday Average AM Peak -Hour PM Peak -Hour Weekday Inbound Outbound Inbound Outbound Trips % Trips Trips % Trips Trips % Trips Trips % Trips Trips #130 Industrial Park 20 Employees 0.47 R.46 3.34 87 Estimated Total at Buildout 67 Y uIV C> U1-11 L11.1 hUuf11 rr,p oer!efcrirn T. prrran. IRSriTUTe UT Iransportulion Engineers, 20113 66% 8 14% 1 20% 2 B0©/ 7 Figure 2: Project -Generated Traffic Distribution it Ili YAMII./A, Drexel, Barrell & Co. 1800 38th Street 123 N 7th Street 6365 Corporate Drive 910 54th Avenue, Suite 210 2955 Village Drive, Suite 14 Boulder, CO 80301 Grand Junction, CO 81501 Colorado Springs, CO 80919 Greeley, CO 80634 Steamboat Springs, CO 80488 NORTH (NTS) LEGEND: XX% = Percent of Project -Generated Traffic Turning Movements Una LLC Property Garfield County, Colorado +If rP June 4, 2008 • • Figure 3: Year 2008/2030 Assigned Project -Generated Traffic yr ,0•40•4 Drexel, Barrell & Co. 1800 38th Street 123 N 7th Street 6365 Corporate Drive 910 54th, Avenue, Suite 210 2955 Village Drive, Suite 14 Boulder, CO 80301 Grand Junction, CO 81501 Colorado Springs, CO 80919 Greeley, CO 80634 Steamboat Springs, CO 80488 LEGEND AM 1 PM (turning movement counts] XX 1 YY Turning Movements 4if Una LLC Property Garfield County, Colorado June 4, 2008 3.0 Projected Background Traffic Growth Existing traffic data was collected at the intersections of US 6/24 and CR 300. Evening peak hour counts (4-6pm) were conducted by All Traffic Data Services, Inc. on Wednesday, August 29, 2007, and morning peak hour counts (6:30-8:30am) were performed on Thursday, August 30, 2007, the results of which are illustrated in Figure 4. Complete printouts of all traffic counts can be found in the Appendix of this report. Growth Rates were determined by using the Colorado Department twenty- year factor of 1.98, resulting in an annual growth rate of 3.47%. This annual growth rate was applied to all movements for Year 2008 and Year 2030 background traffic projections. Projected Year 2008 background traffic can be seen in Figure 5. The estimated Year 2030 background traffic volumes can be seen in. Figure 6. Una LLC Development. J1064 H:\J 1 064- 1 \Reports\Traffic\J 1064 71S 6-4-08.doc Page In September 14, 20Gi • • Figure 4: Year 2007 Existing Traffic • .1sacit Drexel, Darrell & Co. 1800 38111 Street 123 N 71h Street 6365 Corporate Drive 910 54th Avenue, Suite 210 2455 Village Drive, Suite 14 58;x7 Boulder, CO 80301 Grand Junction, CO 81501 Colorado Springs, CO 80919 Greeley, CO 80634 Steamboat Springs, CO 80488 NORTH (NTS) LEGEND AM 1 PM iturning movement counls} XX YY Turning Movements ti f r� Una LLC Properly Garfield County, Colorado June 4, 2008 Figure 5: Year 2008 Background Traffic .w r.ri.Awn A., Drexel, Barrell & Co. 1800 38th Street 123 N 71h Street 6365 Corporate Drive 91054th Avenue, Suile 210 2955 Village Drive, Suite 14 71180 Boulder, CO 80301 Grand Junction, CO 81501 Colorado Springs, CO 80919 Greeley, CO 80634 Steamboat Springs, CO 80488 NORTH (NTS) LEGEND : AM 1 PM (turning movement counts] XX 1 YY Turning Movements t ro Una LLC Property Garfield County, Colorado J.,n:- 4, 2008 • • 0 Figure 6: Year -2030 Background Traffic IMMINIMMEMI mervirrummi - IIMOI, AMP! ze Drexel, Barrell & Co. 1800 38th Street 123 N 7111 Street 6365 Corporate Drive 910 54th Avenue, Suite 210 2955 Village Drive, Suite 14 150189 Boulder, CO 80301 Grand Junction. CO 81501 Colorado Springs, CO 80919 Greeley, CO 130634 Steamboat Springs, CO 8048E NORTH (NTS) LEGEND AM { PM (fuming movement counts) XX 1 YY Turning Movements Una LLC Property Garfield County. Colorado June 4, 2008 4.0 Total Projected Traffic When the assigned project -generated traffic is added to the estimated background traffic for the given analysis Year, this gives the projected Total peak hour volumes. Total traffic volumes can be seen in Figures 7 and 8, for Year 2008 and Year 2030, respectively. 5.0 Level of Service Analysis The impacts of the proposed Una development were determined by performing peak -hour analyses utilizing SYNCHRO 5 software. SYNCHRO is traffic analysis software that utilizes the Highway Capacity Manual methodology. The results are reported as Levels of Service (LOS) and can range from LOS A (Little or no delay) to LOS F (Extreme Delay). 2000 Highway Capacity Manual LOS Definitions for unsignalized intersections: STOP -CONTROLLED INTERSECTION LOS A B c D E F Expected Delay to Minor Street Traffic Little or no delay. Short traffic delays. Average traffic delays. Long traffic delays. Very long traffic delays. Average Control Delay (sive) 0-10 >10-15 >15-25 >25-35 >35-50 When volume exceeds the capacity of the lane, extreme delays will be encountered with queuing that may cause severe congestion affecting other traffic movements in the intersection. This condition usually warrants improving the intersection. >50 Levels of Service calculations were performed for the existing intersections of US 6/24 and County Road 300 as well as County Road 300 and the proposed site access for Year 2008 and Year 2030 background and total traffic. Lino LLC Development, .1064 H:\J 1064-1 \Repors\Traffic\i 1 064 715 6-4-08.doc Page 4 September 14, 20 • Figure 6: Year 2008 Total Traffic • r smmracanwornii OMR 47 -sic Drexel, Barrell & Co.. 1 809 381h Street 123 N 71h Street 6365 Corporate Drive 910 54th Avenue, Suite 210 2955 Village Drive, Suite 14 711e0 2,1 Boulder, CO 80301 Grand Junction, CO 81501 Colorado Springs, CO 80919 Greeley, CO 80634 Steamboat Springs, CO 80488 NORTH (NTS) LEGEND : AM) PM (lumina movement counts) XX) YY Turning Movements Lina LLC Property Garfield County, Colorado June 4, 200E1 Figure 8: Year 2030 Total Traffic Drexel, Barrell & Co. 1800 38th Street 123 N 7th Street 6365 Corporate Drive 910 54th Avenue. Suite 210 2955 Village Drive, Suite 14 Boulder, CO 80301 Grand Junction, CO 81501 Colorado Springs, CO 80919 Greeley, CO 80634 Steamboat Springs, CO 80488 NORTH (NTS) LEGEND: AM 1 PM (turning movement counts) XX 1 YY Turning Movements Uno LLC Property Garfield County, Colorodo June 4, 2008 • • 5.1 Heavy Vehicle Factor A heavy vehicle percentage of 50% was used for all movements on CR 300 and 25% for all movements on US 6. This data was estimated during a site visit, and not collected with All Traffic Data's traffic counts. An increase in the percentage of heavy vehicles into a two-way stop controlled intersection increases the "`critical gap" time (tc) in traffic needed for a vehicle to make a turning movement. (HCM, 2000) 5.2 Levels of Service US Highway 6124 and County Road 300: This northbound leg of this two-way stop -controlled intersection is anticipated to operate at LOS B under Year 2008 conditions during the morning peak hour, with or without project - generated traffic. The northbound movement under Year 2008 evening conditions is anticipated to operate at the boundary between LOS A and LOS B, with an average of 10.0 seconds of delay under background conditions and 10.2 seconds with the addition of project -generated traffic. The southbound movement is not anticipated to involve project -generated traffic. However, this movement is also anticipated to operate at LOS B during the morning peak hour and LOS A during the evening peak hour, with or without project -generated traffic. Under projected Year 2030 conditions, it is expected that the northbound movement of this intersection will operate at LOS B be during both analyzed peak hours, with or without the addition of project -generated traffic. The southbound leg is anticipated to operate at LOS C during the morning peak hour and LOS B during the evening peak hour, with or without project - generated traffic. The addition of any auxiliary deceleration or acceleration lanes warranted by the State Highway Access Code are not anticipated to have a significant impact on the delay experienced at this intersection. Synchro analysis showing the addition of an eastbound right turn lane and a westbound left turn lane can also be seen in the Appendix as comparison. The 95th percentile queue for the northbound traffic at the intersection of US 6 / CR 300 is anticipated to be 35 feet or less during the Year 2030 peak hours. Therefore, given current traffic projections, it is not anticipated that traffic queues from the US 6 / CR 300 intersection will cause traffic to back up to the railroad tracks located approximatelyl00 feet to the south. However, given the large amount of truck traffic on CR 300, it is possible that two or more northbound trucks could queue onto the tracks. Therefore, signage should Una LLC Development, J1064 Page H:\JJD64-I\Reports\Traffic\Ji064 fl56-4-08.doc September 14, 2007 be installed to warn drivers not to stop on the railroad tracks. MUTCD Sign R8- 8 should be installed south of the railroad tracks. County Road 300 and Una Development Site Access: There is an existing westbound stop -controlled access to the site located approximately 340 feet south of US 6. Upon buildout, the site access is anticipated to operate at a Level of Service A with the addition of project -generated traffic Through Year 2030. The site access' sight distance should be confirmed as part of site engineering design. Sight distance shall comply with Garfield County and AASHTO design standards for a 35mph (posted speed) roadway. Union Pacific Railroad: The Union Pacific Railroad crosses CR 300 approximately 110 feet soufh of the US 6 / CR 300 intersection. The crossings of CR 300 will typically impact traffic on US 6 because the train is preventing eastbound right and westbound left movements from US 6 to CR 300. It will also back up traffic on CR 300 to the south. Specific operational information was not obtained for this crossing. However, with typical coal train assumptions (5,000 feet in length, traveling at 30mph) it can be approximated that CR 300 could be blocked for approximately two minutes per train. Refer to Table 2 for a HCM Level of Service Summary. Una LLC Development, J1064 Page Ft H:\J W64- I \ Reports \ Traffic \J 1064 175 6-4-08.dor September 14, 200 • • • • ❑REXEL, BARRELL & CC Engineers - Surveyors Phone 303-442-4338 Fax 303-442-4373 • • Page 1 of 1 Table 2 Leve! of Service (LOS) Analyses Intersection Traffic Control Year 2007 2008 Year 2030 Existing Traffic Background Traffic Total Traffic Background Traffic Total Traffic AM PM AM PM AM PM AM PM AM PM US 6/24 & CR 300 EB Approach WB Approach NB Approach SB Approach CR 300 & Site Access WB Approach SB Approach NB -SB Stop WB Stop (w!o turn lanes) A (A) A (A) A (A) A (A) A (B) A (A) B (B) A (A) - - - - (w/o turn lanes) A (A) A (A) A (A) A (A) B (B) A (A) B (B) A (A) - - - - (w/o turn lames) A (A) A (A) A (A) A (A) B (B) B (6) B (B) A (A) A A A A (w/o turn lanes) A (A) A (A) A (A) A (A) B (B) B (6) C (C) B (B) - - - - (w/o turn lanes) A (A) A (A) A (A) A (A) B (S) 2 (B) C (C) 8 (8) A B A A Page 1 of 1 6.0 Site Access 6.1 County Road 300 Site Distance The intersection of US 6 and County Road 300 does not appear to have any sight distance issues. The site access' engineering design should examine the vertical sight distance available to the north, especially in regard to the railroad crossing. 6.2 US 6 Auxiliary Turn Lanes According to the State Highway Access Code, 2002, an eastbound right turn deceleration lane on US 6/24 (R -A Classification) is required if peak hour turning movements exceed 25 vehicles per hour (vph). Existing peak hour counts show that this movement currently experiences 26 vph during the morning peak hour. Therefore, an eastbound right turn and deceleration lane is currently warranted without the addition of project -generated traffic. Following buildout of this development, it is anticipated that project -generated traffic would account for approximately 27% of morning peak hour traffic using this movement. STATE OF COLORADO State Highway Access Code Vallor z Coda t{ C U.xado RK+depxc 611-1 March 2DC2 Ouv.1 45. ama•varae• e an moms Dna astaimee rawmaa ..mow,,. According to the Access Code, a westbound Ieft turn deceleration lane with taper and storage length on US 6/24 is required for an access with a projected peak hour left ingress turning volume greater than 10 vph. According to counts obtained for this study, this movement currently experiences 48 westbound Ieft turning vehicles during the morning peak hour and 30 westbound Left turning vehicles during the evening peak hour. Therefore, a westbound left turn and deceleration lane is currently warranted without the addition of project -generated traffic. Following buildout of this development, it is anticipated that project -generated* Una LLC Development, 11064 1-1:V1064-1 \ Reports \Traffic\JJ 64 113 6-4 08.doc Page xi September 14, 20 • traffic would account for approximately 20% of morning peak hour traffic using this movement. A northbound right turn acceleration lane is required when there are greater than 50 vehicles per hour using this movement. Counts obtained for this study show a total of 43 vehicles using this movement. Using section 2.3(4)(e) of the State Highway Access Code, 2002, a passenger car equivalent of 3 for every heavy vehicle should be taken. To currently trigger the construction of a right turn acceleration lane, a heavy vehicle percentage of 6% would be sufficient to trigger the construction of this auxiliary lane. Given that during a September 9, 2007 site visit, the percent of heavy vehicles observed using this highway access were approximately 50%, it is projected that the northbound right turn acceleration lane is currently justified, with without the addition of project -generated traffic. Following buildout of this development, it is anticipated that project -generated traffic would account for approximately 25% of evening peak hour traffic using this movement. The northbound left turn acceleration Sane "may be required if it would be a benefit to the safety and operation of the roadway." (SHAC, 3.8(5)(e)) Given the high percentage of heavy vehicles currently using the access and That all other auxiliary lanes associated with the southern leg of the CR 300 / US 6 intersection are warranted by existing traffic, the northbound left turn acceleration lane may provide a benefit to the safety and operation of this access. Following buildout of this development, it is anticipated that project - generated traffic would account for approximately 22% of evening peak hour traffic using this movement. While project -generated traffic is unlikely to use the eastbound left turning movement from Highway 6, the peak hour counts recorded as part of this study (9 vph) indicate that an eastbound left turn deceleration lane is most likely warranted if any significant percentage of traffic consists of heavy vehicles. Similarly, a westbound right turn deceleration lane might also be warranted if heavy vehicle percentages exceed 40% upon this movement. 6.3 State Highway Access Permit The southern leg of the US 6/24 and CR 300 is expected to experience a total of 128 inbound and outbound trips during the morning peak hour per the projected Year 2008 calculations. During the evening peak hour, the southern leg is projected to experience a total of 128 trips. Given a peak hour total of 29 trips (both morning and evening) from the proposed site access, this would yield an estimated maximum peak hour increase in traffic Una LLC Development, J1064 ii;\J 1064-1 \Reports \Traffic \J1 064 TIS 6-4-08.cioc Page September 14, 20017 of approximately 23%. This meets the Twenty percent threshold specified in section 2.6 (3) of the Colorado State Highway Access Code for the revision of an access permit. Per conversations with CDOT staff, there is not currently an Access Permit for The intersection of US 6/24 and CR 300. As Garfield County Road 300 is the direct access to US 6, COOT is anticipating that Garfield County will be submitting an access permit application. 7.0 Recommendations The intersections of US 6/24 and CR 300 and the CR 300 and Una Site Access are expected to function satisfactorily both at project build -out and in the Year 2030 planning horizon from a capacity standpoint. According to the Colorado State Highway Access Code, section 3.8 (5), both eastbound right and westbound left deceleration and turn lanes are currently warranted by the existing traffic volumes at this location. A northbound right turn acceleration lane also appears to be currently justified. The northbound left turn acceleration lane warrant does not have a specific traffic volume trigger, but may be warranted, especially if through volumes on US 6/24 increase significantly. No additional off-site improvements are triggered by the proposed Una development. A State Highway Access Permit should be submitted to the Colorado Department of Transportation by Garfield County for the existing traffic using the southern leg of the US 6/24 and CR 300 intersection. A MUTCD Sign R8-8 "Do not stop on Tracks" should be installed south of the railroad tracks. 8.0 Conclusions The overall Levels of Service in the surrounding roadway network of the proposed Una development are anticipated to be acceptable through the long-range planning horizon, provided the recommended improvements are made. Una LLC Development, J1064 1-1:V1064-1\ Reports \Tra ffic\J1064 PS 6-4-08.doc Page September 14, 20 • • • • • • Appendix: Traffic Data August 30-31, 2007 US 6/24 and County Road 300 CDOT Straight Line Diagram (006M) Una LLC Development, J1064 H:\i1064-1 \ Reports \Traffic\) 1064 TIS 6-4-08.doc Page 0.1 September 14. 20 Alt Traffic Data Services, Inc. 9660 W. 44th Ave. Wheat Ridge, CO 80033 File Name : US6&CR300A M Site Code : 00000000 Start. Date : 8/3012007 Page No : 1 07:00 AM 5 1 1 0 07:15 AM 8 1 1 0 07:30 AM 6 2 3 0 07:45 AM 4 1 2 0 Total 23 5 7 0 08:00 AM 08:15 AM Grand Total Apprch % Total % 5 1 1 0 2 0 0 0 39 8 12 0 66.1 13.6 20.3 0 9.5 1.9 2.9 0 11 2 5 0 15 4 4 0 13 5 8 0 18 2 2 0 8 1 10 0 4 2 8 0 2 1 5 0 1 1 6 0 4 8 2 5 3 5 2 2 s 0 6 0 5 0 5 0 57 13 19 10 3 1 0 5 4 1 0 94 25 26 0 64.8 17.2 17.9 0 22.9 6.1 6.3 0 15 5 29 0 2 1 7 0 2 0 9 0 28 7 70 0 26.7 6.7 66.7 0 6.8 1.7 17 0 11 20 24 0 2 6 3 0 1 2 1 0 17 45 40 0 16.7 44.1 39.2 0 4.1 10.9 9.7 0 64 60 58 46 228 42 27 411 CR300 Southbound US6 Westbound Right 2 3 Peds 0 0 CR300 Northbound Left 4 5 US6 Eastbound Start Time Left Thru Right 1 Peds Left 1—Thru Thru 0 1 Right 13 12 Peds 0 0 Left, Thru Right 2 8 7 1 9 5 Peds 0 0 Int. Total 58 56 06:30 AM 06:45 AM 5 4 0 2 2 0 2 0 12 3 10 2 Total 9 2 4 0J 22 5 5 0 9 1 25 0 3 17 12 0 114 07:00 AM 5 1 1 0 07:15 AM 8 1 1 0 07:30 AM 6 2 3 0 07:45 AM 4 1 2 0 Total 23 5 7 0 08:00 AM 08:15 AM Grand Total Apprch % Total % 5 1 1 0 2 0 0 0 39 8 12 0 66.1 13.6 20.3 0 9.5 1.9 2.9 0 11 2 5 0 15 4 4 0 13 5 8 0 18 2 2 0 8 1 10 0 4 2 8 0 2 1 5 0 1 1 6 0 4 8 2 5 3 5 2 2 s 0 6 0 5 0 5 0 57 13 19 10 3 1 0 5 4 1 0 94 25 26 0 64.8 17.2 17.9 0 22.9 6.1 6.3 0 15 5 29 0 2 1 7 0 2 0 9 0 28 7 70 0 26.7 6.7 66.7 0 6.8 1.7 17 0 11 20 24 0 2 6 3 0 1 2 1 0 17 45 40 0 16.7 44.1 39.2 0 4.1 10.9 9.7 0 64 60 58 46 228 42 27 411 Alt Traffic Data Services, Inc. 9660 W. 44th Ave. Wheat Ridge, CO 80033 File Name : US6&CR300AM Site Code : 00000000 Start Date : 8/30/2007 Page No : 2 CR 300 US 6 CR 300 1US 6 Southbound Westbound Northbound Eastbound Start Time Left I Thru I Right 1 Peds I ,�,Tr., Left I Thru I Rii i Peds 1 A.:7.,i i Left Thru Right Peds 1 A, TOW Left 1 Thru LRlght 1 Peds 1 Tess IrtTot 1 Peak Hour Analysis From 06:30 AM to 08:15 AM - Peak 1 of 1 Peak Hour for Entire Intersection Begins at 05:30 AM 06:30 AM 5 0 2 0 7 12 3 2 0 17 4 0 13 0 17 2 8 7 0 17 58 05:45 AM 4 2 2 0 8 10 2 3 0 15 5 1 12 0 18 1 9 5 0 15 56 07:00 AM 5 1 1 0 7 11 2 5 0 18 8 1 10 0 19 4 8 8 0 20 64 07:15 AM B 1 1 0 10 15 4 4 0 23 4 2 6 0 14 2 5 6 0 13 60 Taal Volume 22 4 6 0 32 48 11 14 0 73 21 4 43 0 68 9 30 26 0 65 236 %A.., To 68.8 12.5 18.8 0 65.8 15.1 19.2 0 30.9 5.9 63.2 0 13.8 46.2 40 0 PHF 688 .500 .750 .000 .800 .800 .688 .700 .000 .793 .656 .500 .827 .000 .895 .563 .833 .813 .000 .813 .930 CR 300 Out in 321 I 1 61 41 _221 01 Right Thru Left Peds 1 271 Total 591 Peak Hour Data North rPeak Hour Begins at 06:30 AM Unshirled 1I 1 r* Left Thru Ri.ht Peds 4 43 0 1 78J Out In CR 300 1461 Total All Traffic Data Services, Inc. 9660 W, 44th Ave. Wheat Ridge, CO 80033 CR 3DD Southbound All Traffic Data .r. r. Mil .*_>0'ni Serv;cr_:. Inc Gros Printed- Unshifted File Name : US6&CR300P• M Site Code : 00000000 Start Date : 8/29/2007 Pace: No : 1 US 6 CR 300 Westbound Northbound US 6 Eastbound Start Time 04:00 PM 04:15 PM 04:30 PM 04:45 PM Total 05:00 PM 05:15 PM 05:30 PM 05:45 PM Total Grand Total Apprch % Total % Left Thru Right Peds 1 0 0 0 1 0 2 0 2 0 1 0 4 0 4 0 8 2 1 2 0 3 0 1 0 2 0 3 0 2 1 2 0 9 2 8 0 17 2 15 0 50 5.9 44.1 0 5.3 0.6 4.7 0 Left Thru Right Peds Left Thru Right Peds Left Thru Right 9 3 1 0 3 0 6 0 0 7 2 2 0 2 0 3 0 0 12 4 2 0 5 1 9 0 0 11 5 3 0 9 0 10 0 1 39 14 8 0 19 1 28 0 1 Peds Int. Total 4 1 0 28 5 2 0 26 2 2 0 40 6 2 0 55 17 7 0 149 6 2 5 0 11 1 8 0 1 5 1 0 45 8 2 2 0 11 0 12 0 2 2 3 0 46 5 2 4 0 4 0 11 0 1 4 5 0 41 7 4 7 0 3 0 6 0 3 5 1 0 41 26 10 18 0 29 1 37 0 7 16 10 0 173 65 24 26 0 48 2 65 0 8 33 17 0 322 56.5 20.9 22.6 0 41.7 1.7 56.5 0 13.8 56.9 29.3 0 20.2 7.5 8,1 0 14.9 0.6 20.2 0 ; 2.5 10,2 5.3 0 1 701 North 8/29/2007 04:00 PM 8/29/2007 05:45 PM Unshifted 4 Left Thru Ri.ht Peds r' NMI Out In Total CR 3 th 1 • • • AR Traffic Data Services, Inc. 9660 W. 44th Ave. Wheat Ridge, CO 80033 CR 300 Southbound US 6 Westbound File Name : US6&CR300PM Site Code : 00000000 Start Date : 8/29/2007 Page No : 2 CR 300 Northbound US 6 Eastbound Start Time I Left I Thru I RVl±Peds APO Teui Lefty Thrufl Ri It pec.,,„a Left 'I Thru Ri. t Peds Fen. Two Left Thru Right Peds nw.Twe Int TOW Hour Analysis From 04:00 PM to 05:45 PM - Peak 1 of 1 Peak Hour for Entire Intersection Begins at 04:45 PM 04:45 PM 4 0 4 0 8 11 5 3 0 19 9 0 10 0 19 1 6 2 0 9 55 05:00 PM 2 1 2 0 5 6 2 5 0 13 11 1 8 0 20 1 5 1 0 7 45 05:15 PM 3 0 1 0 4 8 2 2 0 12 11 0 12 0 23 2 2 3 0 7 46 05:30 PM 2 0 3 0 5 5 2 4 0 11 4 0 11 0 15 1 4 5 0 10 41 Total Valume 11 1 10 0 22 30 11 14 0 55 35 1 41 0 77 5 17 11 0 33 187 %App. Total 50 4,5 45.5 0 54.5 20 25.5 0 45.5 1.3 53.2 0 15.2 51.5 33.3 PHF .688 .250 .625 .000 .688 .682 .550 .700 .000 .724 .795 .250 .854 .000 .837 .625 .708 .550 .000 .825 1 .850 0 C co c CR 300 Out In Total f 2`6i 2,2j 1 421 R' ht Thru Left Peds 4 j L Peak Hour Data Nh Peak Hour Begins at 04:45 PM Unshifted 421 4-1 tal gr G N O 0 0O6M From 65 To 76 000. 006M / Highways Streams Ei• Counties Lakes Cities p. t�r� Colorado Department of Transportation The information contained in this map is based on the most currently available data and has been checked for accuracy. CDOT does not guarantee the accuracy of any information presented, is not liable in any respect for any errors or omissions, and is not responsible for determiningfitness for use. Ma ted: Mon Jun 2 :26:06 2008 006M From 65 To 76 ReTP3 — coy grim," .� Underpass CLASSIFICATION • • • MESA GARFIELD 0. 6 Access Control JURISDICTION City County SAFET' Speed Limit TRAFFIC 55 3D AADT 1000 AADT Year 2007 Peak Truck Percentage 10.2 Off Peak Truck Percentage Year 20 Factor 16.4 1.96 1.83 I DHV 8I9i It may appear that information is missing from the straight line diagram. 1f so, reduce the number of miles/page (Step 3) and re -submit the request. • Appendix: Synchro Calculations US 6/24 and CR 300 CR 300 and Site Access • Lino LLC Development, J7064 page H:\J 1064-1 \Reports\Traffic\J 1064 71S 6-4-08.doc September 14, 20P • HCM Unsignalized Intersection Capacity Analysis 3: US 6/24 & CR 300 H:\J 1064-11Reports\Traffic\Synchro12007existam.s el1064-11Reports\Traffic\Synchro12007existarn.sy6 c '- k- 4\ t 1 Movement EBL EBT EBR ''WBL ' WBT WBR NB L NBT NBR SBL SBT SBR Lane Configurations 40 4+ 4+ 4+ Sign Control Free Free Stop Stop Grade 0% 0% 0% 0% Volume (vehfh) 9 30 26 48 11 14 21 4 43 22 4 6 Peak Flour Factor 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 Hourly flow rate (veh/h) 10 33 25 52 12 15 23 4 47 24 4 7 Pedestrians Lane Width (ft) Walking Speed (ft/s) Percent Blockage Right turn flare (veh) Median type None None Median storage veh) vC, conflicting volume 27 61 199 198 47 239 204 20 vC1, stage 1 conf vol vC2, stage 2 conf vol tC, single (s) 4.4 4.4 7.6 7.0 6.7 7.4 6.8 6.4 tC, 2 stage (s) tF (s) 2.4 2.4 4.0 4.4 3.8 3,7 4.2 3.5 p0 queue free % 99 96 96 99 95 96 99 99 cM capacity (vehfh) 1450 1408 637 594 902 610 625 996 D rection Carie # ' : EB'1 ° WB 1 , NB S Volume Total 71 79 74 35 Volume Left 10 52 23 24 Volume Right 28 15 47 7 cSH 1450 1408 776 660 Volume to Capacity 0.01 0.04 0.10 0.05 Queue Length (ft) 1 3 8 4 Control Delay (s) 1.1 5.1 10.1 10.8 Lane LOS A A B B Approach Delay (s) 1.1 5.1 10.1 10.8 Approach LOS 6 8 inteesection:Summary Average Delay 6.2 Intersection Capacity Utilization 22.8% ICU Level of Service A DREXELSOUL-ST51 6/3/2008 Page 1 HCM UOsigDG|ized !ntersectiori Capacity Analysis 3: US 6/24 & CR 300 With VVBL and EBR Turn Lanes , . ' EBL' EBT!� EBR VVBL NBL Lane Configurations 4 r � t^ Sign Control Free Free Grade 0% O% Volume (veh/h) 9 30 26 48 11 Peak Hour Factor 0 9 D 82 O 92 0.92 0.92 Hourly flow rate (veh/h) 10 33 28 521 12 Pedestrians Lane VWdth(ft) VVokinQSpeed (ft/o) Percent Blockage � Righttum flare (veh) Median type Median storage veh) vC, conflicting volume 27 vC1 stage 1 oonfwd vC2.stage 2oonfvol tC, single (s) tC, 2 stage (s) tF (s) 2.4 p0 queufree % 99 cM capacity (veh/h) 1450 6 14 0 82 15 21 OQ2 23 NBT 4) Stop O% 4 0.92 4 None NBR-''SBL 43 0 9247 22 0.92 24 SBT SBR 4+ Stop 0% 4 6 0.92 0.92 4 7 None 33 225 204 20 Direction Lane # EB 1 EB 2 4.0 97 659 WB 1 \mB2-N8. 6.4 4.4 3.8 3.7 4.2 3.5 99 95 96 99 99 605 919 624 625 996 Volume Total Volume Left Volume Right cSH Volume to Capacity Queue Length (ft) Control Delay (s) Lane LOS Approach Delay (s) Approach LOS )niersectian Summary 42 10 0 1450 0.01 1 1.8 A 1.1 28 52 27 0 52 D 28 0 15 1700 1408 1700 0.02 0.04 0.02 0 3 0 0.0 74 35 23 24 47 7 797 671 0.09 0 05 8 7.7 0 1OO 1O A A B 5O 10.0 10.7 A 8 , 11-41.1z Average Delay 6.1 Intersection Capacity Utilization 200Y6 ICU Level of Service A ° DREXELBOUL-ST51 6/3/2008 Page 1 so HCM Unsignalized Intersection Capacity Analysis 3: US 6/24 & CR 300 H.IJ 1064-11Reports\Traffic\Synchrol2007existpm.sy6 • { 41- k..4\ t i* l' 1 Movement EBL EBT EBR WBL WBT WBR ' NBL NBT NBR" ' SBL SBT SBR Lane Configurations 4 4+ 4 4+ Sign Control Free Free Stop Stop Grade 0% 0% 0% 0% Volume (veh/h) 5 17 11 30 11 14 35 1 41 11 1 10 Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 092 0.92 0.92 0.92 0.92 0.92 0.92 Hourly flow rate (vehfh) 5 18 12 33 12 15 38 1 45 12 1 11 Pedestrians Lane Width (ft) Walking Speed (ft/s) Percent Blockage Right turn flare (veh) Median type None None Median storage veh) vC, conflicting volume 27 30 132 128 24 165 126 20 vC1, stage 1 conf vol vC2, stage 2 conf vol tC, single (s) 4.4 4.4 7.6 7.0 6,7 7.4 6.8 6.4 tC, 2 stage (s) tF (s) 2.4 2.4 4.0 4.4 3.8 3.7 4.2 3.5 p0 queue free % 100 98 95 100 95 98 100 99 cM capacity (veh/h) 1450 1446 718 664 929 699 705 996 Direction,.t rie# EB 1 ` WB 'i NB 1 . ,,SB 1 0 Volume Total 36 60 84 24 Volume Left 5 33 38 12 Volume Right 12 15 45 11 cSH 1450 1446 816 809 Volume to Capacity 0.00 0.02 0.10 0.03 Queue Length (ft) 0 2 9 2 Control Delay (s) 1.2 4.2 9.9 9.6 Lane LOS A A A A Approach Delay (s) 1.2 4.2 9.9 9.6 Approach LOS A A lntersectian.Surrrmary Average Delay 6.6 Intersection Capacity Utilization 17.8% iCU Level of Service A 6/3/2008 Page 1 DREXELBOUL-ST51 10 HCM Unsignalized Intersection Capacity Analysis 3: US 6/24 & CR 300 H:1J1064-1 \Reports\Traffic\Synchro\2007existprnwturnlanes,sy6 With EBR and WBL Turn Lanes --Ntr c k4\ t t 4/ • Movement EBL EBT EBR WBL WBT WBR NBL NBT TBR SBL SBT SBR Lane Configurations 4 r ) T., 4. 4. Sign Control Free Free Stop '4,,, Stop Grade 0% 0Y0 0% 0% Volume (veh/h) 5 17 11 30 11 14 35 1 141 11 Peak Hour Factor 0932 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 Hourly flow rate (vehfh) 5 18 12 33 12 15 38 1..:; :.45 12 .... 1 11 Pedestrians Lane Width (ft) Walking Speed (ft/s) Percent Blockagek"',-..:, Right turn flare (veh) Median type Median storage veh) vC, conflicting volume vC1, stage 1 conf vol vC2, stage 2 conf vol tC, single (s) 4.4 tC, 2 stage (s) tF (s) p0 queue free % cM capacity (vehlh) 27 30 4.4 118 7.6 122 7,0 None 18 159 126 20 6.7 7.4 6.8 6.4 2.4 2.4 4.0 4.4 3.8 3.7 4.2 3.5 100 98 95 100 95 98 100 99 1450 1446 733 670 937 706 705 996 Direction, Lane if EB 1 EB 2, WB 1 WB 2 NB 1 B1 Volume Total 24 12 Volume Left 5 0 Volume Right 0 12 cSH 1450 1700 Volume to Capacity 0.00 0.01 Queue Length (ft) 0 0 Control Delay (s) 1.7 0.0 Lane LOS A Approach Delay (s) 1.1 Approach LOS intersection Summary' 33 27 84 33 0 38 0 15 45 1446 1700 828 0.02 0.02 0.10 2 0 8 7.5 0.0 9.8 A A 4.1 9.8 A 24 12 11 813 0.03 2 9.6 A 9.6 A Average Delay 6.6 Intersection Capacity Utilization 20.0% ICU Level of Service DREXELBOUL-ST51 6/312008 • Page 1 • • HCM Unsignalized Intersection Capacity Analysis 3: US 6/24 & CR 300 H:\J1064-1\ReportsiTraffic\Synchrol2008 BG AM.sy6 4- 4\ 4/ Movement ' : ' , , - EBL EBT EBR WBL 'my.- W13k-'' NBL NBT NBR SBL SBT - SBR Lane Configurations 4+ 4+ 44 4+ Sign Control Free Free Stop Stop Grade 0% 0% 0% 0% Volume (veh/h) 9 31 27 50 11 14 22 4 44 23 4 6 Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 0.92 092 0.92 0.92 0.92 0.92 Hourly flow rate (veh/h) 10 34 29 54 12 15 24 4 48 25 4 7 Pedestrians Lane Width (ft) Waking Speed (ft/s) Percent Blockage Right turn flare (veh) Median type None None Median storage veh) vC, conflicting volume 27 63 205 204 48 246 211 20 vC1, stage 1 conf vol vC2, stage 2 conf vol tC, single (s) 4.4 4,4 7.6 7.0 6.7 7.4 6,8 6.4 tC, 2 stage (s) tF (s) 2.4 2.4 4.0 4.4 3.8 3.7 4.2 3.5 p0 queue free % 99 96 96 99 95 96 99 99 cM capacity (veh/h) 1450 1405 630 588 900 602 618 996 afr-eialtiniffef ,: I .- : EB 1 -' WB 1 NB 1 SB 1 Volume Total 73 82 76 36 Volume Left 10 54 24 25 Volume Right 29 15 48 7 cSH 1450 1405 772 651 Volume to Capacity 0.01 0.04 0.10 0.06 Queue Length (ft) 1 3 8 4 Control Delay (s) 1.1 5.2 10.2 10.9 Lane LOS A A Approach Delay (s) 1.1 5.2 10.2 10.9 Approach LOS intersection Summar)" Average Delay 6.3 Intersection Capacity Utilization 23.2% ICU Level of Service A DREXELBOUL-ST51 6/3/2008 Page 1 HCM Unsignalized Intersection Capacity Analysis 3: US 6/24 & CR 300 H.1J1064-11Reparts\Traffic\Synchro\2003 BG AM WTurnLanes.sy6 With EBR and WBL Turn Lanes t \t- ir 4/ • Movement EBL EBT EBR WBt.` WBT WBR NBL NBT NSR SBL SBT SBR Lane Configurations 4 j "i 1+ 4 4 Sign Control Free Free Stop Stop Grade 0% 0% 0% 0% Volume (veh/h) 9 31 27 50 11 14 22 4 44 23 4 6 Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 Hourly flow rate (vehlh) 10 34 29 54 12 15 24 4 48 25 4 7 Pedestrians Lane Width (ft) Walking Speed (ft/s) Percent Blockage Right turn flare (veh) Median type Median storage veh) vC, conflicting volume 27 63 183 189 34 232 211 20 vC1, stage 1 cont vol vC2, stage 2 conf vol tC, single (s) 4.4 4.4 7.6 7.0 6.7 7.4 6.8 6.4 None None tC, 2 stage (s) tF (s) p0 queue free % cM capacity (vehlh) 2.4 2.4 4.0 4.4 3.8 3.7 4.2 3.5 99 96 96 99 95 96 99 99 1450 1405 653 600 918 617 618 996 Dire 0 Lane EB: "l ` ' EB 2 WB 1 1B 2 NB 1 ' Stiff Volume Total Volume Left Volume Right cSH Volume to Capacity Queue Length (ft) Control Delay (s) Lane LOS Approach Delay (s) Approach LOS Intersection Summary 43 29 54 27 76 36 10 0 54 0 24 25 0 29 0 15 48 7 1450 1700 1405 1700 792 663 0.01 0.02 0.04 0.02 0.10 0.05 1 0 3 0 8 4 1.7 0.0 7.7 0.0 10.0 10.7 A A B B 1.0 5.1 10.0 10.7 B B. Average Delay Intersection Capacity Utilization 6.2 20.0% ICIJ l eve] of Sarvira A 6/3/2008 • Page 1 DREXELBOUL-ST51 HCM Unsignalized Intersection Capacity Analysis 3: US 6/24 & CR 300 H:\J1064-11Reports\Traffic\Synchrot2008 BG PM.sy6 1 J _ { 4_ 4\ t i*Y. i' .r EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Lane Configurations A A 4. A Sign Control Free Free Stop Stop Grade 0% 0% 0% 0% Volume (veh/h) 5 18 11 31 11 14 36 1 42 11 1 10 Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 Hourly flow rate (vehlh) 5 20 12 34 12 15 39 1 46 12 1 11 Pedestrians Lane Width (ft) Walking Speed (itis) Percent Blockage Right turn flare (veh) Median type None None Median storage veh) vC, conflicting volume 27 32 135 131 26 170 129 20 vC1, stage 1 conf vol vC2, stage 2 conf vol tC, single (s) 4.4 4.4 7.6 7.0 6.7 7.4 6.8 6.4 tC, 2 stage (s) tF (s) 2.4 2.4 4.0 4.4 3.8 3.7 4.2 3.5 p0 queue free % 100 98 95 100 95 98 100 99 cM capacity (veh/h) 1450 1444 714 661 928 693 701 996 Moerernen Direction, lane.#, EB 1 WB 1 NB 1 SB 1 Volume Total 37 61 86 24 Volume Left 5 34 39 12 Volume Right 12 15 46 11 cSH 1450 1444 813 805 Volume to Capacity 0.00 0.02 0.11 0.03 Queue Length (ft) 0 2 9 2 Control Delay (s) 1.1 4.3 10.0 9.6 Lane LOS A A A A Approach Delay (s) 1.1 4.3 10.0 9.6 Approach LOS A A Inter ection`Surrirnaiy Average Delay 6.7 Intersection Capacity Utilization 18.5% ICU Level of Service A 6/3/2008 Page 1 DREXELBOUL-ST51 Volume (veh/h) 5 18 11 31 11 14 36 1 42 11 1 10 HCM Unsignalized Intersection Capacity Analysis 3: US 6/24 & CR 300 H:1J1064-11Reports\Traffic\Synchro\2008 BG PM WTurnLanes.sy6 With EBR and WBL Turn Lanes ' t Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Lane Configurations 4 r 'j I 43, 4+ Sign Control Free Free Stop Stop Grade 0% 0% 0% 0% Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 Hourly flow rate (vehlh) 5 20 12 34 12 15 39 1 46 12 1 11 Pedestrians Lane Width (ft) Walking Speed (ftls) Percent Blockage Right turn flare (veh) Median type Median storage veh) vC, conflicting volume 27 vC1, stage 1 cant vol vC2, stage 2 conf vol tC, single (s) 4.4 tC, 2 stage (s) None None 32 121 125 20 164 129 20 4.4 7.6 7.0 6.7 7.4 6.8 6.4 tF (s) 2.4 2.4 4.0 4.4 3.8 3.7 4.2 3.5 poi queue free % 100 98 95 100 95 98 100 99 cM capacity (veh/h) 1450 1444 729 666 935 700 701 996 Direction,' Lane # EB 1 EB 2 WB 1 W8.2 NB 1 58 1 Volume Total 25 12 34 27 86 24 Volume Left 5 0 34 0 39 12 Volume Right 0 12 0 15 46 11 cSH 1450 1700 1444 1700 825 809 Volume to Capacity 0.00 0.01 0.02 0.02 0.10 0.03 Queue Length (ft) 0 0 2 0 9 2 Control Delay (s) 1.7 0.0 7.6 0.0 9.9 9.6 Lane LOS A A A A Approach Delay (s) 1.1 4.2 9.9 9.6 Approach LOS A A intersection' Summary Average Delay 6.6 Intersection Capacity Utilization 20.0% ICU Level of Service A DREXELBOUL-ST51 • 6/3/2008 • Page 1 • • HCM Unsignal€zed Intersection Capacity Analysis 3: US 6/24 & CR 300 H:\J1064-11Reports\Traffic\Synchro\2008 T AM.sy6 J_ 1 4-& 4\ t 1 Movement EBL :'. EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Lane Configurations 4+ 4+ 4+ 4+ Sign Control Free Free Stop Stop Grade 0% 0'% 0% 0% Volume (veh/h) 9 31 37 63 11 14 24 4 47 23 4 6 Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 Hourly flow rate (veh/h) 10 34 40 68 12 15 26 4 51 25 4 7 Pedestrians Lane Width (ft) Walking Speed (ft/s) Percent Blockage Right turn flare (veh) Median type None None Median storage veh) vC, conflicting volume 27 74 239 238 54 283 250 20 vC1, stage 1 conf vol vC2, stage 2 conf vol tC, single (s) 4.4 4.4 7.6 7.0 6.7 7.4 6.8 6.4 tC, 2 stage (s) tF (s) 2.4 2.4 4.0 4.4 3.8 3.7 4.2 3.5 p0 queue free % 99 95 96 99 94 96 99 99 cM capacity (veh/h) 1450 1392 592 556 893 561 581 996 Direction, Lane* EB WB 1 NB 1 SB 1 Volume Total 84 96 82 36 Volume Left 10 68 26 25 Volume Right 40 15 51 7 cSH 1450 1392 747 612 Volume to Capacity 0.01 0.05 0.11 0.06 Queue Length (ft) 1 4 9 5 Control Delay (s) 0.9 5.6 10.4 11.2 Lane LOS A A BB Approach Delay (s) 0.9 5.6 10.4 11.2 Approach LOS B B Intersection Sup, ' rrsary Average Delay 6.3 Intersection Capacity Utilization 24.7% ICU Level of Service A DREXELBOUL-ST51 6/3/2008 Page 1 HCM Unsignalized Intersection Capacity Analysis 3: US 6/24 & CR 300 H.1J1064-11Reports\Traffc\Synchro\2088 T AM WTurnLanes.sy6 With EBR and WBL Turn Lanes It 6 meri '' r a EBL.e EBT EBR : `WBL VST .. `>'T NBL `TNBT;;% Nl3R' SBC' ,`=SB`f ,SBR Lane Configurations 4 r ) I, 4+ Sign Control Free Free Stop Grade 0% 0% 0%0 Volume (veh/h) 9 31 37 63 11 14 24 4 Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 Hourly flow rate (vehlh) 10 34 40 68 12 15 26 4 Pedestrians 4+ Stop 0% 47 23 4 6 0.92 0.92 0.92 0.92 51 25 4 7 Lane Width (ft) Walking Speed (ft/s) Percent Blockage Right turn flare (veh) Median type None None Median storage veh) vC, conflicting volume 27 74 211 217 34 263 250 20 vC1, stage 1 conf vol vC2, stage 2 conf vol tC, single (s) 4.4 4.4 7.6 7.0 6.7 7.4 6.8 6.4 tC, 2 stage (s) tF (s) p0 queue free % cM capacity (veh/h) 2,4 2.4 4.0 4.4 3.8 3.7 4.2 3.5 99 95 96 99 94 96 99 99 1450 1392 619 571 918 580 581 996 D kection, Eaije # 2 Volume Total Volume Left Volume Right. cSH Volume to Capacity Queue Length (ft) Control Delay (s) Lane LOS Approach Delay (s) Approach LOS fnters� ficin `aumn a. 43 40 68 27 82 36 10 0 68 0 26 25 0 40 0 15 51 7 1450 1700 1392 1700 773 628 0.01 0.02 0.05 0.02 0.11 0.06 1 0 4 0 9 5 1.7 0.0 7.7 0.0 10.2 11.1 A A B B 0.9 5.5 10.2 11.1 B R Average Delay Intersection Capacity Utilization 6.2 23.1% ICU Level of Service .y. DREXELBQUL-ST51 6/312008 Page 1 • HCM Unsignaiized Intersection Capacity Analysis H:1,J 1064-11Reports\Traffic\Synch ro\2008 T PM.sy6 J -0. { 4-- & 4\ t Movement EBL EBT EBR WBL W BT WBR IBL NBT SBT Lane Configurations 4+ 4 4+ 4 Sign Control Free Free Stop Stop Grade 0% 0% 0% 0% Volume (veh/h) 5 18 13 34 11 14 46 1 56 11 1 10 Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 Hourly flow rate (vehlh) 5 20 14 37 12 15 50 1 61 12 1 11 Pedestrians Lane Width (ft) Walking Speed (ft/s) Percent Blockage Right turn flare (veh) Median type Median storage veh) vC, conflicting volume 27 34 142 139 27 192 138 20 vC1, stage 1 conf vol vC2, stage 2 conf vol tC, single (s) 4.4 4.4 7.6 7.0 6.7 7.4 6.8 6.4 tC, 2 stage (s) tF (s) 2.4 2.4 4.0 4.4 3.8 3.7 4.2 3.5 p0 queue free % 100 97 93 100 93 98 100 99 cM capacity (veh!h) 1450 1442 704 653 926 656 692 996 Direction Lane # ". EB 1 WB 1 NB 1 SB 1 3: US 6/24 & CR 300 NBR SBL 4, SBR None None Volume Total 39 64 112 24 Volume Left 5 37 50 12 Volume Right 14 15 61 11 cSH 1450 1442 809 779 Volume to Capacity 0,00 0.03 0.14 0.03 Queue Length (ft) 0 2 12 2 Control Delay (s) 1.1 4.4 10.2 9.8 Lane LOS A A B A Approach Delay (s) 1.1 4.4 10.2 9.8 Approach LOS B A lntesseotiian 5uMmary Average Delay Intersection Capacity Utilization 7.1 24.0% ICU Level of Service A DREXELBOUL-ST51 6/3/2008 Page 1 HCM Unsignalized Intersection Capacity Analysis 3: US 6/24 & CR 300 H:1J1064-1\Reports\Traffic\Synchro12008 T PM 1NTurnLanes,sy6 With EBR and WBL Turn Lanes 4-- k" 4\ t \*' 4/ • Movement EBL " EST "EB 1 WVBL`'' WerRUS11s: NEIL NBT' ,`1 BAR- -SsC: ' SBT "SBR Lane Configurations Sign Control Grade Volume (veh/h) Peak Hour Factor Hourly flow rate (veh/h) Pedestrians Lane Width (ft) Walking Speed (ft/s) Percent Blockage -x.. Right turn flare (veh) Median type Median storage veh) vC, conflicting volume 27 vC1, stage 1 conf vol vC2, stage 2 conf vol tC, single (s) tC, 2 stage (s) tF (s) 2.4 2.4 p0 queue free % 100 97 cM capacity (vehlh) 1450 1442 4 Free 5 18 13 34 0,92 0.92 0.92 0.92 5 20 14 , 37. e. 4 4+ Free Stop Stop 0% 0% 0% 11 14 46 1 56 11 1 10 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 12 15 50 1 61 12 1 11 4.4 4.4 Direction, Lane # EB 1 EB 2 WB 17 -'0027,74g717 - Volume ''; B 2, '7 - None None 128 132 20 185 20 7.6 7.0 6.7 7.4 6.8 6.4 4.0 4.4 3.8 3,7 4.2 3.5 93 100 93 98 100 99 720 659 935 664 692 996 Volume Total 25 14 37 27 112 24 Volume Left 5 0 37 0 50 12 Volume Right 0 14 0 15 61 11 cSH 1450 1700 1442 1700 822 784 Volume to Capacity 0.00 0.01 0.03 0.02 0.14 0.03 Queue Length (ft) 0 0 2 0 12 2 Control Delay (s) 1.7 0.0 7.6 0.0 10.1 9.7 Lane LOS A A 6 A Approach Delay (s) 1.1 4.4 10.1 9.7 Approach LOS 13 A KeWct'iTdWSCiniiiifiT. • .7r ,F.c.. Average Delay Intersection Capacity Utilization 7.0 23.2% ICU Level of Service DREXELBOUL-ST51 6/3/2008 Page 1 • 1 HCM Unsignalized Intersection Capacity Analysis H:\J 1064-1 \Reports\Traffic\Synchro12030 BG AM.sy6 3: US 6/24 & CR 300 Mbilenient EBL EBT . EBR. WBL WBT WBR ` NB!.: NBT NBR SBL SBT SBR Lane Configurations Sign Control Grade Volume (veh/h) 20 Peak Hour Factor 0.92 Hourly flow rate (veh/h) 22 Pedestrians Lane Wdth (ft) Walking Speed (ft/s) Percent Blockage Right turn flare (veh) Median type None None Median storage veh) vC, conflicting volume 60 134 436 434 103 524 448 43 vC1, stage 1 conf vol vC2, stage 2 conf vol tC, single (s) 4.4 4.4 7.6 7.0 6.7 7.4 6.8 6.4 tC, 2 stage (s) tF (s) 2.4 2.4 4.0 4.4 3,8 3.7 4.2 3.5 p0 queue free % 98 91 88 98 88 85 98 99 cM capacity (vehlh) 1409 1321 408 404 836 341 425 966 4+ 4+ Free Free 0% 0% 66 57 105 24 0.92 0.92 0.92 0.92 72 62 114 26 4* Stop 0% 31 46 9 0.92 0.92 0.92 34 50 10 4* Stop 0% 94 48 9 13 0.92 0.92 0.92 0.92 102 52 10 14 flfrection; Lane EB 1 WB 1 NB 1 SB 1 Volume Total Volume Left Volume Right cSH Volume to Capacity Queue Length (ft) Control Delay (s) Lane LOS Approach Delay (s) Approach LOS Intersection Sura Average Delay Intersection Capacity Utilization ma 155 174 162 76 22 114 50 52 62 34 102 14 1409 1321 602 400 0.02 0.09 0.27 0.19 1 7 27 17 1.2 5.5 13.2 16.1 A A BC 1.2 5.5 13.2 16.1 B C 7.9 44,7% ICU Level of Service A DREXELBOUL-ST51 6/3/2008 Page 1 HCK4UOsi na|ized/nAaroecUUnCapa:]vAnalys|s 3: US 6/24 & CR 300 Uij1064-1\RaportsrTraffic\8yOchro\2030BGAM1ATurnLoneS.sy8 With E8R and WBL Turn Lanes Movement_~ Lane Configurations Sign Control Grade Voumeh/oh/h 2O �eohHourFodor OQ2 Houdy�mmnsbakm�h/h) 22 Pedestrians � � EBL Voumeh/oh/h 2O �eohHourFodor OQ2 Houdy�mmnsbakm�h/h) 22 peohHourFodor OQ2 Moudy�mmnsbakm�h/h) 22 ��dy�����e�\ 22 E�~. 4 Free 66 O 92 72 +_ EBRVVBL 'V��'V�����hU�E Free UY6 57 105 24 31 46 0.92 0.93 0.92 O 92 0.92 62 114 26 34 50 Lane VWd��� VVo|hingSpeed (Wn) ' ---' Percent Blockage Right turn flare (veh) �� --- Median type �Nedionstorage veh) -� vC.00n8k��gvduma 60 1 389 vCl.stage 1 confwd vC2'stage 2uonfvol tC. single (s) 4.4 4.4 kC'2stage �) tF (s) 2.4 2.4 pOqueue free Y6 98 91 cK�oapachy(veh/h) 1409 1321 � NBT NBR SBL SBT SBR 4+ 49- Stop � S�p Stop 0Y� OY� g 94 48 9 13 0.82 O82 0.92 0.92 0 9 10 102 52 10 14 None 403 None 72 493 448 43 7.6 7D 6.7 7.4 6.8 6.4 4.0 4.4 3.8 3.7 4.2 3.5 89 98 88 86 98 99 441 422 872 361 425 966 Direction, Lane # '' E81 EB 2 VVB1VVB2 NBSB Volume Total 93 62 114 60 162 76 Volume Left 22 0 114 0 50 52 Volume Right 0 82 0 34 102 14 cSH 1409 1700 1321 1700 638 417 Volume toCnpodh/ 0.02 0.04 0.09 O 04 0.25 0.18 C>ueueLength �� 1 0 7 0 25 16 Control Delay (o) 1.9 0.0 8.0 0.0 12.6 15.5 Lane LOS A A B C Approach Delay (s) 1.1 5.2 12.6 155 Approach LOS B C Intersection Su titM ���, Average Delay 7.6 inte r section Capacity Utilization 35.9% ICU Level of Service A 6/3/2008 Page 1 HCM Unsignalized Intersection Capacity Analysis 3: US 6/24 & CR 300 H:\J 1064-1 \Reports\Traffic\Synch ro12030 BG PM.sy6 Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR. SBL SBT SBR Lane Configurations 4+ 4+ 4. 4+ Sign Control Free Free Stop Stop Grade 0% 0% 0% 0% Volume (veh/h) 11 37 24 66 24 31 77 2 90 24 2 22 Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 Hourly flow rate (veh/h) 12 40 26 72 26 34 84 2 98 26 2 24 Pedestrians Lane Width (ft) Walking Speed (ft/s) Percent Blockage Right turn flare (veh) Median type None None Median storage veh) vC„ conflicting volume 60 66 289 280 53 362 277 43 vC1, stage 1 conf vol vC2, stage 2 conf vol tC, single (s) 4.4 4.4 7.6 7.0 6.7 7.4 6.8 6.4 tC, 2 stage (s) tF (s) 2.4 2.4 4.0 4.4 3.8 3.7 4.2 3.5 p0 queue free % 99 95 84 100 89 94 100 98 cM capacity (veh/h) 1409 1401 537 522 894 469 559 966 Di tioii:Lane ## : EB 1 WB 1. NB 1 SB 1 ' Volume Total 78 132 184 52 Volume Left 12 72 84 26 Volume Right 26 34 98 24 cSH 1409 1401 681 619 Volume to Capacity 0.01 0.05 0.27 0.08 Queue Length (ft) 1 4 27 7 Control Delay (s) 1.2 4.4 12.2 11.4 Lane LOS A A BB Approach Delay (s) 1.2 4,4 12.2 11.4 Approach LOS 8 B frrterseotluil -Summary Average Delay 7.9 Intersection Capacity Utilization 38.2% ICU Level of Service A 6/3/2008 Page 1 DREXELBOUL-ST51 None HCM Unsignalized Intersection Capacity Analysis 3: US 6/24 & CR 300 H:\J1064-11Reports\Traffic\Synchrol2030 BG PM 1NTurnLanes.sy6 With EBR and WBL Turn Lanes Movement . EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Lane Configurations 4 pr ) T 4+ 4+ Sign Control Free Free ,, Stop Stop Grade 0% 0% 0% 0% Volume (veh/h) 11 37 24 66 24 31 77 2 90 24 2 . 22 Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 Hourly flow rate {veh/h} 12 40 26 72 26 34 84 2 98 26 2 24 Pedestrians Lane Width (ft) fi r Walking Speed (ftfs) Percent Blockage Right turn flare (veh) Median type Median storage veh) vC, conflicting volume vC 1, stage 1 conf vol vC2, stage 2 conf vol tC, single (s) tC, 2 stage (s) tF (s) 2.4 p0 queue free % 99 cM capacity (veh/h) 1409 4.4 4.4 2.4 95 1401 259 267 7.6 7.0 6.7 None 349 277 43 7.4 6.8 6.4 4.0 4.4 3.8 3.7 4.2 3.5 85 100 89 95 100 98 563 531 910 479 559 966 Direction, Lane # EB .1 EB 2 WB 1 WB 2 NB 1 SB 1 :. Volume Total 52 26 72 60 184 52 Volume Left 12 0 72 0 84 26 Volume Right 0 26 0 34 98 24 cSH 1409 1700 1401 1700 706 628 Volume to Capacity 0.01 0,02 0.05 0.04 0.26 0.08 Queue Length (ft) 1 0 4 0 26 7 Control Delay (s) 1.8 0.0 7.7 0.0 11.9 11.3 Lane LOS A A B B Approach Delay (s) 1.2 4.2 11.9 11.3 Approach LOS B B I ntei-section"Summary Average Delay 7.7 Intersection Capacity Utilization 34.7% ICU Level of Service A DREXELBOUL-ST51 6/3/2008 • Page 1 HCM Unsignalized Intersection Capacity Analysis 3: US 6/24 & CR 300 H:1J 1064-1 \Reports\Traffic\Synch ro12030 T AM.sy6 • J _ '�► k. 4 \ I' * 4/ • Movement EBL EBT EBR WBL . WBT WBR NBL : ' NBT NBR SBL SBT SBR Lane Configurations 4+ A 44 A Sign Control Free Free Stop Stop Grade 0% 0% 0% 0% Volume (veh/h) 20 66 67 119 24 31 48 9 97 48 9 13 Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 Hourly flow rate (veh/h) 22 72 73 129 26 34 52 10 105 52 10 14 Pedestrians Lane Width (ft) Walking Speed (ftls) Percent Blockage Right turn flare (veh) Median type None None Median storage veh) vC, conflicting volume 60 145 472 470 108 564 490 43 vC1, stage 1 conf vol vC2, stage 2 conf vol tC, single (s) 4.4 4.4 7.6 7.0 6.7 7.4 6.8 6.4 tC, 2 stage (s) tF (s) 2.4 2.4 4.0 4.4 3.8 3.7 4.2 3.5 p0 queue free % 98 90 86 97 87 83 98 99 cM capacity (veh/h) 1409 1308 381 379 830 316 397 966 Direction; Lane EB 1 WB NB1 SB1 Volume Total Volume Left Volume Right cSH Volume to Capacity Queue Length (ft) Control Delay (s) Lane LOS Approach Delay (s) Approach LOS Intersection' Summary' 166 22 73 1409 0.02 1 1.1 A 1.1 189 129 34 1308 0.10 8 5.8 A 5.8 167 76 52 52 105 14 578 372 0.29 0.20 30 19 13.8 17.2 B C 13.8 17.2 B C Average Delay 8.2 Intersection Capacity Utilization 46.6% ICU Level of Service A DREXELBOUL-ST51 6/3/2008 Page 1 HCM Unsignalized intersection Capacity Analysis 3: US 6/24 & CR 300 Hi]1064-1\ReportS\7[8fDc\SyRChrot2030TAK4\VTU[n Lanes Sy6 With EBR and WBL Turn Lanes �� _+� �� �, �-- k ^� 4 P. \ | -/ ' , , . ` | , v~ � "r • Movement !�.�EBLEBTEBR WBL WBT �yVBR ��� NBL- NBT NBR SBL SBT SBR Lane Con�u��o s 4r ) t+ 4+ 4+ Sign Control Free Free Stop Stop Grade 0Y6 0% 094 0% Vo|ume(wyh/h) 20 66 67 119 24 31 48 9 97 48 9 13 Peak Hour Factor 0.92 0.92 0.92 092 0.92 092 0.82 0.92 0.92 092 0.92 0.92 Hourly flow rate (veh/h) 22 72 73 129 26 „' 34 52 ^,1D 105 :., 52 „.1O 14 Pedestrians Lane Width (ft) Walking Speed (Ws) Percent Blockage Right tum flare (veh) Median type Median storage voh) vC, conflicting volume 60 145 vC1 stage 1 oonfwd vC2.stage 2ounfvol UC. single (s) 4.4 4.4 tC, 2 stage (s) tF (s) 2.4 2.4 4.0 4.4 3.8 3.7 4.2 3.5 pOqueue free % 98 90 87 98 88 85 98 99 oK0capacity (veh/h) 1409 1308 415 399 872 337 397 966 None None 419 434 72 527 490 43 7.6 7.0 6.7 7.4 6.8 6.4 Lane# � EB 1 E8 2 \mB1 WB 2 NB 1 S8 1 Volume Total 93 73 129 60 167 76 Volume Left 22 0 129 0 52 52 Volume Right 0 73 0 34 105 14 cSH 1409 1700 1308 1700 617 392 Volume to Capacity 0.02 0.04 0.10 0.04 0.27 0,19 Queue Length (ft) 1 0 8 0 27 18 Lane LOS A A B 0 7� Approach Delay (s) 1.0 5.5 13.0 16.4 Approach LOS 8 C =m Intersection Su -~---' �104S.' ° Average Delay 7.7 Intersection Capacity Utilization 37.0% !GU Level of Service = A DREXELBOUL-ST51 6/3/2008 Page 1 -~- • HCM Unsignalized Intersection Capacity Analysis 3: US 6/24 & CR 300 H :\J 1064-11Reports\Traffic\Synch ro\2030 T PM.sy6 Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT. SBR Lane Configurations 4 4 4 4 Sign Control Free Free Stop Stop Grade 0% 0% 0% 0% Volume (vehlh) 11 37 26 68 24 31 87 2 104 24 2 22 Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0-92 0.92 0.92 0.92 0.92 0.92 0.92 Hourly flow rate (vehlh) 12 40 28 74 26 34 95 2 113 26 2 24 Pedestrians Lane Width (ft) Walking Speed (ftls) Percent Blockage Right turn flare (veh) Median type None None Median storage veh) vC, conflicting volume 60 68 294 286 54 383 283 43 vC1, stage 1 conf vol vC2, stage 2 conf vol tC, single (s) 4.4 4.4 7.6 7.0 6.7 7.4 6.8 6.4 tC, 2 stage (s) tF (s) 2.4 2.4 4.0 4.4 3.8 3.7 4.2 3.5 p0 queue free % 99 95 82 100 87 94 100 98 cM capacity (vehlh) 1409 1398 531 517 892 444 553 966 Direction, Lane # " EB,1 WB 1 NB 1 SB 1 Volume Total 80 134 210 52 Volume Left 12 74 95 26 Volume Right 28 34 113 24 cSH 1409 1398 679 597 Volume to Capacity 0.01 0.05 0.31 0.09 Queue Length (ft) 1 4 33 7 Control Delay (s) 1.2 4.5 12.6 11.6 Lane LOS A A BB Approach Delay (s) 1.2 4.5 12.6 11.6 Approach LOS B B lntersection'Summary Average Delay 8.3 Intersection Capacity Utilization 39.8% ICU Level of Service A DREXELBDUL-ST51 6/3/2008 Page 1 HCM Unsignalized Intersection Capacity Analysis 3: US 6/24 & CR 300 H:1J1064-11Reports\Tratfc\Synchro12030 T PM WTurnLanes.sy6 With EBR and WBL Tum Lanes Movement 4 `BL .ABT ° EBR --.VV13r Lane Configurations 4 Sign Control Free Grade 0% Volum: (veh/h) 11 37 26 68 Peak Hour Factor 0.92 0.92 0.92 0,92 Hourly flow rate (veh/h) 12 40 28 74 Pedestrians Lane Width (ft) Walking Speed (ftfs) Percent Blockage Right turn flare (veh) Median type Median storage veh) 4 - NBT; ° Ne R;' SBL; SBT SSR 4 Free Stop Stop 0% 0% p%o 24 31 87 2 104 24 2 22 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 26 34 95 2 113 26 2 24 None None vC, conflicting volume 60 68 263 272 40 369 283 43 vC1, stage 1 conf vol vC2, stage 2 conf vol tC, single (s) 4.4 4.4 7.6 7.0 6.7 7.4 6.8 6.4 tC, 2 stage (s) tF (s) 2.4 2.4 4.0 4.4 3.8 3.7 4.2 3.5 p0 queue free % 99 95 83 100 88 94 . 100 98 cM capacity (veh/h) 1409 1398 558 527 910 456 553 966 Direction, Lane # EB 1 " : EB 2 WB1 WB 2 °'NB 1 S8 1µ Volume Total Volume Left Volume Right cSH Volume to Capacity Queue Length (ft) . Control Delay (s) Lane LOS Approach Delay (s) Approach LOS y< lnters:cftoi rt SumrrTary 52 28 74 60 210 52 12 0 74 0 95 26 0 28 0 34 113 24 1409 1700 1398 1700 704 607 0.01 0.02 0.05 0.04 0.30 0.09 1 0 4 0 31 7 1.8 0.0 7.7 0.0 12.3 11.5 A A B B 1.2 4.3 12.3 11.5 B B Average Delay Intersection Capacity Utilization 8.1 36.4%o ICU Level of Service A DREXELBOUL-ST51 613/2008 Page 1 • HCM Unsignalized Intersection Capacity Analysis 7: Site Access & CR 300 H.1J1064-11Reports\Traffic\Synchro\2007ex€stains 9J1064-1\Reports\Traffic\Synchra12007exrstam.sy6 Movement WBL ' WBR NBT NBR SBL SBT Lane Configurations '+ 4 Sign Control Stop Free Free Grade 0% 0% 0% Volume (veh/h) 0 0 67 0 0 78 Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 Hourly flow rate (veh/h) 0 0 73 0 0 85 Pedestrians Lane Width (ft) Walking Speed (ft/s) Percent Blockage Right turn flare (veh) Median type None Median storage veh) vC, conflicting volume 158 73 73 vC1, stage 1 conf vol vC2, stage 2 conf vol tC, single (s) 6.9 6.7 4.6 tC, 2 stage (s) tF (s) 4.0 3.8 2.7 p0 queue free % 100 100 100 cM capacity (veh/h) 734 871 1271 Direction; Lane # . '_ : '' WB 1 'NB 1 'SB 1 Volume Total 0 73 85 Volume Left 0 0 0 Volume Right 0 0 0 cSH 1700 1700 1271 Volume to Capacity 0.00 0.04 0.00 Queue Length (ft) 0 0 0 Control Delay (s) 0.0 0.0 0.0 Lane LOS A Approach Delay (s) 0.0 0.0 0.0 Approach LOS A Intersection Summary Average Delay 0.0 Intersection Capacity Utilization 7.8% ICU Level of Service A DREXELBOUL-ST51 6/3/2008 Page 1 HCM Unsignalized Intersection Capacity Analysis H:\J1064-1\Reports\Traffic\Synchro\2007existpm.sy6 7: Site Access & CR 300 Movement WBL WBR NBT NBR SBL SBT Lane Configurations 'V 1 4 Sign Control Stop Free Free Grade 0% 0% 0% Volume (veh/h) 0 0 77 0 0 42 Peak Hour Factor 0.92 0.92 0.92 0.92 092 0.92 Hourly flow rate (veh/h) Pedestrians 84 46 aS�Sr N7 04, Lane Width (ft) At- Walking Speed (ftls) Percent Blockage Right turn flare (veh) Median type Median storage veh) vC, conflicting volume 129 vC 1, stage 1 conf vol vC2, stage 2 conf vol tC, single (s) tC, 2 stage (s) tF (s) 4.0 3.8 p0 queue free % 100 100 cM capacity (veh/h) 763 858 Direction, Lane # WB .1 NB 1 SB 1 Volume Total Volume Left 0 84 46 0 0 0 Volume Right 0 0 cSH Volume to Capacity Queue Length (ft) Control Delay (s) Lane LOS 1700 1700 1259 0.00 0.05 0.00 0 0 0 0.0 0.0 0.0 A. Approach Delay (s) 0.0 0.0 0.0 Approach LOS A u%—?K1C is Intersection Summary Average Delay 0.0 Intersection Capacity Utilization 7.7% ECU Level of Service A DREXELBOUL-ST51 6/3/2008 Page 1 HCM Unsignalized Intersection Capacity Analysis H:W1064-11Reports\Traffic\Synchro12008 BG AM.sy6 7: Site Access & CR 300 t Movement WBL WBR NBT NBR SBL, SBT Lane Configurations 1+ 4 Sign Control Stop Free Free Grade 0% 0% 0% Volume (vehth) 0 0 70 0 0 81 Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 Hourly flow rate (vehlh) 0 0 76 0 0 88 Pedestrians Lane Width (ft) Walking Speed (ffls) Percent Blockage Right turn flare (veh) Median type None Median storage veh) vC, conflicting volume 164 76 76 vC 1, stage 1 conf vol vC2, stage 2 conf vol tC, single (s) 6.9 6.7 4.6 tC, 2 stage (s) tF (s) 4.0 3.8 2.7 p0 queue free % 100 100 100 cM capacity (vehlh) 727 867 1267 Direction; Lane # .. WB 1 NB 1 SB 1: Volume Total 0 76 88 Volume Left 0 0 0 Volume Right 0 0 0 cSH 1700 1700 1267 Volume to Capacity 0.00 0.04 0.00 Queue Length (ft) 0 0 0 Control Delay (s) 0.0 0.0 0.0 Lane LOS A Approach Delay (s) 0.0 0.0 0.0 Approach LOS A Intersection Summary Average Delay 0.0 Intersection Capacity Utilization 8.0% ICU Level of Service A 6/3/2008 Page 1 DREXELBOUL-ST51 HCM Unsignalized Intersection Capacity Analysis H:1,11064-1\Reports\Traffic\Synchrok2008 BG PM.sy6 7: Site Access & CR 300 t \t - Movement WBL VVBR NBT NBR SBL SBT Lane Configurations Sign Control Grade Volume (veh/h) Peak Hour Factor Hourly flow rate (vehlh) Pedestrians Lane Width (ft) Walking Speed (ft/s) Percent Blockage Right turn flare (veh) Median type Median storage veh) vC, conflicting volume 134 87 vC1, stage 1 =If vol vC2, stage 2 conf vol tC, single (s) 6.9 6.7 tC, 2 stage (s) tF (s) 4.0 3.8 p0 queue free % 100 100 cM capacity (veh/h) 758 854 Stop Free 0% 0% 4 Free 0 9/0 0 0 80 0 0 43 0.92 0.92 0.92 0.92 0.92 0.92 0 0 87 0 0 47 ,:,s,,a„),N...m.,iQ'.ur4x..:::::,.,k,;,:,w-gliz4z4z•::5-4.1-:- k leA1,34 None "Xila:WfiVW-'i-::.;laMigiWROgifittra..240KRWYF 87 4.6 2.7 100 PeW 1255 Dkection, Lane # . VVB 1 NB 1 Volume Total 0 87 47 --, Volume Left 0 0 0 Volume Right 0 0 0 cSH 1700 1700 1255 Volume to Capacity 0.00 0.05 0.00 Queue Length (ft) 0 0 0 Control Delay (s) 0.0 0.0 Lane LOS A Approach Delay (s) 0.0 0.0 0.0 Approach LOS A • " • tl.k.,:44-41 • 0 0 271a7TOMMIOr „gp,g:Y. • 07. it.21,1;r7.11' zwp ra4 -thr — toint4.1 Intersection Summary Average Delay Intersection Capacity Utilization 0.0 7.9% ICU Level of Service A DREXELBOUL-ST51 6/3/2008 Page 1 • r HCM Unsignalized Intersection Capacity Analysis 7: Site Access & CR 300 H111064-11Reports\Traffc\Synchroi2008 T AM.sy6 C 4c - Movement WBL :, WR NBT NBRSBL SBT Lane Configurations ¥ I 4 Sign Control Stop Free Free Grade 0% 0% 0% Volume (veh/h) 0 5 70 1 24 81 Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 Hourly flow rate (vehlh) 0 5 76 1 26 88 Pedestrians Lane Width (ft) Walking Speed (ft/s) Percent Blockage Right turn flare (veh) Median type None Median storage veh) vC, conflicting volume 217 77 77 vC1, stage 1 conf vot vC2, stage 2 conf vol tC, single (s) 6.9 6.7 4.6 tC, 2 stage (s) tF (s) 4.0 3.8 2.7 p0 queue free % 100 99 98 cM capacity (veh/h) 662 866 1266 Direction, Lane # WB 1 NB 1 SB 1 Volume Total 5 77 114 Volume Left 0 0 26 Volume Right 5 1 0 cSH 866 1700 1266 Volume to Capacity 0.01 0.05 0.02 Queue Length (ft) 0 0 2 Control Delay (s) 9.2 0.0 1.9 Lane LOS A A Approach Delay (s) 9.2 0.0 1.9 Approach LOS A Intersection .Summary Average Delay 1.4 Intersection Capacity Utilization 18.2% ICU Level of Service A DREXELBOUL-ST51 6/3/2008 Page 1 HCM Unsignalized Intersection Capacity Analysis H:\J 1064-11Reports\Traffic\Synchro12008 T PM.sy6 7: Site Access & CR 300 1 t r* �► Movement `' 3 '' 'WBL WBR NBT NBR SBL SBT Lane Configurations 1:, Sign Control Stop Free Grade 0% 0% Volume (vehfh) 4. Free 24 80 0 5 43 eak Hour Factor u.ar u.92 0.92 0.92 U.92 D.92 Hourly flow rate (veh/h). Pedestrians 26 87 47 Lane Width (ft) Walking Speed (ft/s) Percent BlockageY Right turn flare (veh) Median type None Median storage veh) vC, conflicting volume 145 vC 1, stage 1 conf vol vC2, stage 2 conf vol tC, single (s) tC, 2 stage (s) tF (s) p0 queue free % 100 97 cM capacity (veh/h) 744 854 Direction, Lane # WB 1 NB 1 . SB 1 Volume Total 27 87 52 Volume Left 1 0 5 Volume Right 26 0 0 r6�a�` cSH 849 1700 1255 Volume to Capacity 0.03 0.05 0-00 Queue Length (ft) 2 0 0 Control Delay (s) 9.4 0.0 0 9 vma Lane LOS A A Approach Delay (s) 9.4 0.0 0.9 Approach LOS A 100 1255 'r' • Intersection Summary Average Delay Intersection Capacity Utilization 1.8 14-6%o ICU Level of Service DREXELBOUL-ST51 6/3/2008 1110 Page 1 HCM Unsignalized Intersection Capacity Analysis H:1.J 1064-1 \Reports\Traffic\Synchfo\2030 BG AM.sy6 7: Site Access & CR 300 Movement ;: NBL 11VBR NBT NBR SBL SST Lane Configurations 1+ 4 Sign Control Stop Free Free Grade 0% 0% 0% Volume (veh/h) 0 0 149 0 0 171 Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 Hourly flow rate (veh/h) 0 0 162 0 0 186 Pedestrians Lane Width (ft) Walking Speed (ftfs) Percent Blockage Right turn flare (veh) Median type None Median storage veh) vC, conflicting volume 348 162 162 vC1, stage 1 conf vol vC2, stage 2 conf vol tC, single (s) 6.9 6.7 4.6 tC, 2 stage (s) tF (s) 4.0 3.8 2.7 p0 queue free % 100 100 100 cM capacity (veh/h) 563 772 1172 Direction, Lang # WB 1 NB 1 SB 1 Volume Total 0 162 186 Volume Left 0 0 0 Volume Right 0 0 0 cSH 1700 1700 1172 Volume to Capacity 0.00 0.10 0.00 Queue Length (ft) 0 0 0 Control Delay (s) 0.0 0.0 0.0 Lane LOS A Approach Delay (s) 0,0 0.0 0.0 Approach LOS A Intersection Summary Average Delay 0.0 Intersection Capacity Utilization 13.1% ICU Level of Service A 6/3/2008 Page 1 DREXELBOUL-ST51 HCM Unsignalized intersection Capacity Analysis H:1J1064-11Reports\Trafc\Synchro\2030 BG PM.sy6 7: Site Access & CR 300 \. Movement WRL WBR NBT NBR SBL : SBT Lane Configurations Yr i Sign Control Stop Free Grade 0% 0% Volume (veh/h) Peak Hour Factor Hourly flow rate (vehlh Pedestrians Lane Width (ft) Walking Speed (ft/s) Percent Blockage 'v74 Right turn flare (veh) Median type Median storage veh) vC, conflicting volume 284 184 vC1, stage 1 conf vol vC2, stage 2 conf vol tC, single (s) tC, 2 stage (s) tF (s) 4.0 3.8 p0 queue free % 100 100 cM capacity (veh/h) 616 749 0 0 169 wt 4 Free 0% 92 0.92 0.92 0.92 0.92 0.92 0.92 0 0 184 0 {i 100 6.9 6.7 Direction, Lane # WB 1 NB 1 SB 1 Volume Total 0 184 100 Volume Left 0 0 0 Volume Right 0 0 cSH 1700 1700 1149 Volume to Capacity 0.00 0,11 0.00 Itt Queue Length (ft) 0 0 0 Control Delay (s) 0.0 0.0 0.0 `:` Lane LOS A Approach Delay (s) 0.0 0.0 0.0 Approach LOS A. Intersection Sum ar Average Delay Intersection Capacity Utilization 0.0 13.0% ICU Level of Service DREXELB©UL-ST51 613/2008 • Page 1 HCM Unsignalized Intersection Capacity Analysis 7: Site Access & CR 300 H:1J1064-11Reports\Traffic\Synchra12030 T AM.sy6 t p '. Movement WBL WBR NBT NBR SBL SBT Lane Configurations 4 Sign Control Stop Free Free Grade 0% 0% 0% Volume (vehlh) 0 5 149 1 24 171 Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 Hourly flow rate (veh/h) 0 5 162 1 26 186 Pedestrians Lane Width (ft) Walking Speed (Ws) Percent Blockage Right turn flare (veh) Median type None Median storage veh) vC, conflicting volume 401 162 163 vC1, stage 1 conf vol vC2, stage 2 conf vol tC, single (s) 6.9 6.7 4.6 tC, 2 stage (s) tF (s) 4.0 3.8 p0 queue free °% 100 99 cM capacity (vehlh) 511 771 Direction, Lane # WB 1 NB 1 SB 1 2.7 98 1171 Volume Total 5 163 212 Volume Left 0 0 26 Volume Right 5 1 0 cSH 771 1700 1171 Volume to Capacity 0.01 0.10 0.02 Queue Length (ft) 1 0 2 Control Delay (s) 9.7 0.0 1.2 Lane LOS A A Approach Delay (s) 9.7 0.0 1.2 Approach LOS A Intersection Sumrnary` Average Delay 0.8 Intersection Capacity Utilization 27.3% ICU Level of Service A 6/312008 Page 1 DREXELBOUL-ST51 HCM Unsignalized Intersection Capacity Analysis 7: Site Access & CR 300 H:1,11064-1IReports\Traffic\Synchrol2030 T FM.sy3 Movement WBL WBR NBT NBR SBL SBT Lane Configurations Sign Control Stop Grade 0% Volume (veh/h) 1 Peak Hour Factor 0.92 Hourly flow rate (vehlh) 1 Pedestrians Lane Width (ft) Ira Walking Speed (ftls) Percent Blockage Right turn flare (veh) Median type Median storage veh) vC, conflicting volume 295 184 None 1 4 Free Free 0% 0% 24 169 0 5 92 0.92 0.92 0.92 0.92 0.92 26 184 0 5 100 vC1. stage 1 cont vol vC2, stage 2 conf vol tC, single (s) tC, 2 stage (s) tF (s) p0 queue free % cM capacity (veh/h) 6.9 6.7 4.0 3,8 100 97 604 749 ti` lci Pkv 2.7 100 1149 Direction, Lane# WB 1 NB 1 SB 1. Volume Total 27 184 105 Volume Left 1 0 5 Volume Right 26 0 0 cSH 742 1700 1149 Volume to Capacity 0.04 0.11 0.00 Queue Length (ft) 3 0 0 Control Delay (s) 10.0 0.0 0.5 Lane LOS B A Approach Delay (s) 10.0 0.0 0.5 Approach LOS B tntersection•Sui mary Average Delay Intersection Capacity Utilization 1.0 19.7% ICU Level of Service A DREXELBOUL-ST51 6/3/2008 Page 1 Yy "�� c ; { : � COLORADO DIVISION OF WATER RESOURCES DEPARTMENT OF NATURAL RESOURCES 1313 SHERMAN ST. RM 818, DENVER, CO 80203 phone -- info (303) 866-3587 main (303) 866-3581 fax (303) 866-3589 hPUtRPOtp SE r state co LISGENERAL Water Well Permit Application Review instructions on reverse side prior to completing form. The form must be completed in black or blue ink or typed. 1. Applicant Information Name or app,ca,.. George P Strom P.U. Box 808 c,..r Sill ',,epnenc t97U) 379-3265 Slate Trp rode. CO 8165? F -mart l aptionaYi 2. Type Of Application (che D Construct new well Q Replace exYstrng well Q Change Source (aquifer) Li Other 3, Refer To (rf applicable) Wed parr,', ■ 66544-F CYosyraled Rasa Delenrr+landn k applicable boxes) 0 Use ex•sting weir Z Change or Increase use 0 Reapplication (expired permit) Weer Cool case* Wen rams or E 4. Location Of Proposed Well Csunry Garfield Section 27 SW . 4 e' the S V' inwnshlp N a 5 t "4 Range Lor W P: ipat er e,a- 7 � ® stance of well Sesl.On nes tied diem 96 'Q ^� 6th PM {. ;se. on !Fries are Iyprra'•y y(01 properly Imes! 90 I) A from ❑ y+ S F! trompp E � W Far replaoemen• we=, 1 I QU 5 only - ris:anee and Daemon drone old weR lo new well feet direction well locaiiLn address llrrJudt city $rale ❑ Check 2roJ d well address ,g sar•.e as n Item 1 Optional: GPS well locallon Information In UTM format You must check GPS UrPt for requ.red settings as foRCws: Format *r,.st De 1J 10.1 o [one to or 0 Zone 13 linos rw,a; De meters Datum must b. NAM Ln.l musl be Sel :e t•ue oath Vies GPS ural chedred ler above, ❑ Yts Remember to set Datum to NAD®3 5. Parcel On Which Well Will Be Located (PLEASE ATTACH A CURRENT DEED FOR THE SUBJECT PARCEL) A Legal Oescrlpt on .may be proyq;ee as d' Plea,e .ee attached legal description 8 r cr ac: es rr. vivre 17.57 Easting Norrr'ing C. flwror George Strong and Leslie Strong LV :i mis to the e.•ly we r or th 5 Dara, OYF S Lal ONO i^ -r]-. rg; j•r,cr'wellsl E Sate Pe•Cel Int rr,p! oral.. M4' • 7,1 Office Use Only 6. Use Of Well (check applicable boxes) Attach a detailed descrrptran of uses applied for D Other (describe) Please see attached narrative Q Industrial © Municipal Q Irrigation i8 Commercial 7. Well Data (proposed) wlaaunun pomprp `ate Form GWS -45 {06//2006} 15 oral dept•*. gprn 8. Land On Which Grofeet und Water Will Be Used description ImoLegal Description Imo Co provided as an e[raur•r••e•,11 See attached legal Arncal air cur! 10 be wribcrawn Sec attached estimates acre•feet Aquiver {Ir used for crop ,rrdgation- attach a scared map that shows irrigated area A • Acres 17.57 8 Owper CGeorge: P. Strong st-any other wells ur water nghrs used nn thus la no None 9. Proposed Well Driller License #(a.bona, 10. Signature Of Applicant(s) Or Authorized Agent The making of false statements herein constitutes perjury on the second degree whrch rs punishable as a class 1 misdemeanor pursuant to C R S 24.4-104 (13)(a). I have read the statements herein know the contenls th= . an. s . - that they are true to my knowledge Sir::. here (MI,.cl ne o yrnal s+gnarorol Pnnr na-,e g �Q1 Office Us L -SGS --ap name ^=.a •n Receipt area on+y DIV VVD Dale Addendum to Amendment ;Application SVist Divide Water Conservancy District Lease #070322Si.(a) VN ell Permit #665-144 l lac applicant is pursuing a Planned . !nit Development (PCD) and subdividing a 17.57 acre tract into live parcels vary ing in Site from approximately 2 acres to approximately 5 acres. The individual los will he t►tilitcd principally as contractor storage yards for the oil and gas industry, There will he no residential uses within the subdivision. Each lot will he allowed a warehouse-tw pe structure of up to 11.000 square feet. as well as an office area not to exceed 15U() square feet. Lot 1 will be allowed two offices, for a total of six offices. The warehouse structure \w ill primarily ily he utilized for storage of equipment, materials and machinery. Very little water is planned to he used within these structures. For water calculation purposes, 100 gallons per day. per lot. would be expected to be used within the warehouses. The office structures will include typical bathroom fixtures. The two offices on Lot I would each he allowed up to three. full-time employees, The additional offices would he allowved to have up to 4 full-time employees, totaling 22 employees on site. Typical Monday through Friday office work weeks are expected. No residential uses will be allowed within the PIM. Depending on Garfield County requirements. there may be a small area on each lot that will be required to be landscaped and irrigated. This arca would not exceed 1000 square feet per lot. or 5000 square fact total. An analysis of wells in the w icinity has been completed. There are no existing, permitted wells within (00 feet of the subject well. 4 5) 6) 7) 0) 9 Form No. GWS -25 APPLICANT OFFICE OF THE STATE ENGINEER COLLO A8Ickl., 13'3 S'.errnon StDO DIVISION 4OFrWATER ]RSOURCES 1343; 865-3581 WELL PERMIT NUMBER DIV 5 _ss5as 41VD39 CES BASIN MD GEORGE P STRONG CIO LEAVENWO,RTH & KARP PC FO DRAWER 2030 GLENWOOD SPRINGS. CO 81802- (970) 945-2261 CHANGE/EXPANSION OF USE OF RN EXISTING WELL ISSUANCE OF THIS PERMIT DOES 1J p.6 LIC APPROVED WELL LOCATION GARFIELD COUNTY SW 174 SW 114 Section 27 Tow1sh,p 7 S Fia^ge 96 W Sixth P.M. DISTANCES FR AA SFCTIt]Fy�LIE�C 90 FL from SO Oh Section Line 1 100 Ft. from Wes! Section Line UTM E.(7 J Ti~5 L Meter- s Zone:t Ap8 Eastrng �` Nodhing: OCONp C?N T CONFER A WATER RIGHT This well shah be used In such a wayALP dais ell ensure 1ha1 e0 injury will a as to cause no material injury to existing occur to another vest water rights Tho if a vase of t seeking relief in a Writ eotrrt action ed wafer right or preclude another owner of a vested permit The construction of this water right from Irl shalt 2) of a variance has been be in compliance with the Water Weil Construction Contractors varian in es been gr me Ryle ee tate Board of ExaminersRuffs 2 CCR 402-2, of Water Welt Cost uruess approval 3) Approved pursuant to CRS 37_ tori and Pump Installation appropedin ground 94-�37p2) for the use or an existing weii constructed under Permit West Divide Wafer Co„ sler trbulary to the Colorado River, on the cond�4+Qn that the +vCN shayNa- 6601 t; -F, ween a water Waal Conservancy District's substitute water supply plan, a operated i allotment contract between I �e well owner and ; Wavedonly when the replacement water from contra Reservoir is well o, n under an a by the State Engineer, .sin he rel, and me West Div,r?e Wafer Conservancy Dist -id for the rereasp of replacement . approved plan dor au The use of ground augmentation, WDYVCp cont'dCt 9 water from this well is limited to commercial use fpr an office and a of not more than 15.000 square Feet of landscaping. The pumping warehpuse, indulin the irrigation R P n9 rate of this well shatl not exceed 15 G°lN. The average annual a!rhavn! 01ground The issuance D nu:s permit thlas water do be appropriated shaft not exceed 1 452 acre -Teed A tolalicirig flow meter must be nstallQd on this wets a 018 n. A5tolati ns must be maintained n the well Owner r and maintained in working dill er d. eef/rded al lea good ridsorder Permanent on En i e r St annually) and submitted to the Division Engineer upon The owner shall mark the weir in ns a ow sa conspicuous place 'kWh well permit number's`, f V i as appropriate. 71I owner snail take necessary This wet shatdbe ro print '. T more than . name preserve , aquifer. and court case means aria precaulron r is weA $hay tae lace r� !hg lacagan s ese martcin Pp i nt- 14) tt) Tr, an 200feetf s Omit these ten at least leer from any specified on ;n s permit a t' y existing well, completed in the same aquifer. that is not owners by the NOTE. Unless a composed Pump lnStalrahon NOTE the less a tri date dshPum bedew, anthiand Test Rea r^ Report (GWS -32) is reon date by the xt nDivision of Water Resources may be a'vailablry- Cantad DWR for adoititrnap Rm�l w;fl expire on the "stipybvww-wabre Comae, DWR fo ado w . expiration rs datrl. An st form of the exp ai abl or►natran or refer le !hes Bxter6ipn request r 9 s E4.p�;t trim -date 'Vey; fGWS y available at � APPROVED NI -JV ice! t No 3522 For State Engineer DATE. CSSLE❑ 11-21-2447 ay EXPIRATIO `DATE i' -2+.,x008 Reception.:: 762552 02,3:'7068 02 35 50 FM Jo/2r R14v-rcc of 7 i ec Fern 511 C4 Ccc F e. Cnitv:ELO COUNTY CO SPECIAL, WARRANTY DEED George P. Strong, Grantor, for good and valuable consideration, in hand paid, hereby setts and conveys to George P. Strong and Leslie J. Strom tenants in common, whose mailing address is P. 9. Grantees, as Q following real property in the County of Garfield and State of Colortado,Colorado to wit 81E52 the A parcel of land in the SW1/4SW1/4 of Section 27, Township 7 South, Range 56 West of the 6th P.M., more particularly described as follows; Beginning at the corner for Sections 27, 28, 33 and 34; thence along the West line of the SW1/4SW1/4 of said Section 27, North 01'57'23" West 157.98 feet to the right of way for the Denver and Rio Grande Western Railroad; thence along said right of way, North 55 '29'00" East 1544.32 feet to the East line of the SW1/4SW1/4 of said Section 27; thence along said East line. South 01'43'44" East 1021.22 feet to the West 1/16 corner between said Section 27 and Section 34; thence along the South line of the point of beginning; SW 1/45W 1/4 of said Section 27, South 89'27'37' West 1297.94 feet to the also known as TBD, Parachute, Colorado 81635; under the Grantor. ming with all its appurtenances, and warrants the title to the same against ail poisons claiming NO DOCUMENTARY FEE REQUIRED: Transfer for estate cansiaerat:on Fess than 8500.00. lann" A ung purposes with SIGNED this day of - A)U STATE OF COLORADO ) Ss. Gecr.,, - rrang ue:is !CV,. 14, i S21 131.11, A, r, Sir 107. i,r:ri,w s,.l it:,r ti,,, :- ... V! VIC)uii11 Recirp t onla : 742552 02,07/2008 02 36 513 PM :ea, n 1 bee Ice 2 o 7 Rae Fee SI' 00 Doc Fee 0 00 CGRPIELO COUNT, CO COUNTY OF GARFIELD ) The foregoing instrument was acknowledged before me this 2CPI_ day of aillacy 2008. by George P, Strong. WITNESS my hand and offipial peal. My commission expires: 712E4th____ Como E ommori APPLICATION TO -I tii 11) WATER LEASE x107032251 fa) WEST DIVIDE WATER CONSERVAFJ'CV DES TRIC` 109 West Fourth Street, P. 0, Box 1.478, Rime, Color -ado 81650 APPLi(:A'iTINF0RTZNU0 — Isrne SIr+g Lumber end Specra ty 41 ailingg address: l'•O. 6dx -- PtbourYs so. c5 8'652 Tufeflorre 7{ 115 -- --- Authorir^rd asst ret . l ff�er �O fi7 2. COURT CASE as: Decree ;:rue vo Augmentalrorr Plan Case No `- 3. USE OF WATER RES/DENT1AL Number of main residences: Suhdirision. No. canstructcd units: NtrNo} vac Ifome gardevlawn irrigation of scant hits Method ofirript tion. florid — - total sq q, spnnkPLr tether Non-commercial animal watering of_animals Fir. Protection Evaporation. Maximum water surface to be exposed: Description of any ase, other than evaporation, and method of diversion, rite of diversion, and annual amount of drvvrsion of any water withdrawn from the pond: H r!l Slurring 'lgreentenfftrr multiple moiler wells truest he vuhnlirrrd !jr greater than hva owners. application utterer be nrrrde under n harnrn><rer; assvrianart. COMMERCIAL Number or nits: 6 autres rota! sq. H. or commercial snore 60, DOD Description prose: Ylraterwd] primarily be used within office lavatoneg with sear minaY terra: warehouse use No more IhariTTA— employees wdf utilize the aCAtltes. - INDUSTRIAL, Description of use. f mere Evaporation: Maximum nater surface to he erpostd. Description of any use. ether than evaporation, and method of diversion. rate of diversion. and amine amount of diversion of any water u thdr:ru7s from the pond: MUNICIPAL Meier phos cruse DIRECT Pt lit PING �'+hater} Lucai,ary a. SOURCE OF WATER Structure: Wel! Structure Name Sircn9 Wert Sauter. surr(K sturagc ro Cunene Permit tlI4•F ! unp moire'~ �--•-- --�� (attach cnpyT p.3 Contract ►O70322St(a) Map # 559 Date Activated 3/22/07 Date Amended 5/29/08 5. L.of"'ATI[I.V OF STRUCTURE Creme et " o n ___ . __ SLY4 27 fluariertquaner a conic, _ a 7S _ R96W 61h Sr:no Taunsn,v Drsusru 01401 from sccl:cn !tilts: Rapp P Si 510 trot horn Setae and 1 100 feet from ' esi EkerGpn Wedyfacationadd -- a T� --4^, • f ', CL - �.: li' r � 'g r t- i\�I' kL`_� 4 f f rtaeh adde canal pa- get for multi ` Flt rfr'Lrffrerr!/ 6. LAND ON W'IIICH WATER WILL HE USED !Legal description may he provided en an attachment P•lease see eller-tied regal description Number of acres or tract .57 s lntlusian into (hc District, at.9pplicrrrltS erlre1194., nun be required. 7TYPE OFSEWA C.E SYSTEM Septic tankfabsorption leach field X Central System Other District name' 8. VDU; L OF LEASED WATER NEEDED IN ACRE FEET iminimum of I acre root eseept augmentation from Aisbuty Reservoir where a IesS_r amount :s allowed) Praelde engineering elan, ro srrpprrn volume of water reguestrrt Comnrrrtlul, remiriripnl, and indunrial users man pruhirlr diverti[rn and CanruerytfiPr data on 4 monthly ha.sic 1 lotulizing flu* meter with remote readout is required ro be moiled rind usage reported ter 14 tsl l7ivrJe ipplitrtnt a xpresslr acluraxlydgn if has had the op/oniony re. review Hie f)istrerr's firm i1'urer Allot "ref Contract and agree., this a,pplicariurt l; mail[ pursuant en rub y u the terms' and conditions contained therein. Applicant Sig Applrcamt 'tgnattire Application Date: 1?.4rF APPROVED: WENT DIVIDE ,. SERVAL v ATTEST 7-7 01 Ser Permed somans of this fon eachc. _ I'nrnr WDWCDet-rel.,. A END APPLICATION ad?retails Of pcleuaas, hsve'xrn aprrraved sn6adca'ed 6y eu West Ciside nester Curssrnancy ynr �.; i.,18 AMEND APPLiCATltrr CT Unit ValGe Irrigation Diversion (ft) i JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC TOTAL WATER USE ESTIMATES COLORADO RIVER SERVICE AREA WEST DIVIDE WATER CONSERVANCY DISTRICT APPLICANT: Situ turnberand S ecla L Products 0 144 0.423 0.589 0 619 0 503 0 355 0.111 WAREHOUSE UNITS. IRRIGATED AREA (SO F1), COMMERCIAL AREA (SQ FT). NO OF LIVESTOCK ELEVATION (MSL): Unit Value irrigation CU ft 0 115 0 338 0.471 0.495 0 402 0 284 0 389 2.743 2 194 (1) (2) (3) (4) (5) (6) 3) Warehouse Divers'an Ar) 0 05 0.04 0.05 0 05 0 05 0 05 005 0.05 005 0.05 0.05 0.05 0.56 Warehouse CU (AF) 001 0.01 001 0.01 0 01 0.01 0 DI 001 001 00; 0.01 0.01 0.08 6 5000 9000 0 5020 Commercial Diversion (AF) 80% Irega1 on eHeency tor sprinkler systems Bianey Cridcre assessment with Po:hop adiustmems 100 gallons per day per +vara^ouse un+t 15% consumpiive t.se for ISDS systems ?0o gallons per day per 9000 sq it of commercial space 1595 consumptive use for SOS systems 017 015 0 17 0 17 0 17 0 17 0.17 0.17 0 17 0.17 0.17 2,02 Commercial C AF) 0 03 0.02 0 03 0 02 0.03 0 02 0.03 0.03 0.02 0.03 0.02 0.30 Contract Amount w/ 5% Transit Lass irrigation Diversion AF) 000 0 00 000 0.02 0.05 0.07 0.07 0.06 0.04 001 0 00 0.00 031 (7) (0) (4) (10) 01) (12) Irrigation C.U_ (AF) 0.03 0.00 0.00 0.01 0.04 0.05 0 C6 0.05 0.03 001 0 00 000 0.25 Livestock Diversion & CU AF 0.00 0.00 0.00 000 0.00 0.00 0.00 0.00 0.00 0.00 000 (10 0 00 0.67 acre feet Trenaj Loss- 5 0% 10 2 Total Diversion Amount 0-230 AF 0.033 0 034 0.208 0 030 0 031 0 230 0 033 0.034 0 240 0 045 0.047 0 281 0 07? 0 075 0.293 0.086 0.090 0,304 0 090 0 094 0 290 0 079 0.083 0.265 0 084 0.068 0243 0043 0045 0 222 0.032 0 033 2g 3.036. 38 f?.t70 Column (1) • irrigated area In acres Column (2) • irrigated area in acres Livestock use at /1 garJons per head per day Column {3) • Column Ol n 15) Cr Column (7) + Cofumr (9) Pres 5% triersrt loos Column * mo (} olun Column1)pl fill S% transit foes (6)*Column (9) Total I Total version C.U. AF) AF Aoy Confidentiality Notice: Tlirs sprradshrtr mowing an attachments. is Confi ential ityd eerie: use, disclosure. copying. d for the sale use r Thank S " a' the intended rtiyyprefils and may Cirrlfaln confidential and privileged An/ q. etnbu ion or action taken in nNtancd nn the Contents of the rnlormrlion contained rn Ms s rntonaalion. spreadsheet is strictly prphr6rtgd 2009 Colorado R.ver Water Use i si,mates xis 4 7S 97VV 25 1 i12 . C7�7 977 • 7A 18 7 31 30 19 18 7 17 5 • 32 20 21) 17 4 9 1s 7S 96W 21 28 ss 22 4 88 96W V • 9 16 1 117 15 s_ 35 11 14 p.8 2 14 12- 13 6 ,2, 13 24 25 36 • STRONG SUBDIVISION STUDY REPORT On June 14, 2007 Wagon Wheel Consulting, Inc. conducted a sound study to demonstrate the noise levels that can be Itaund at theproperty proposed site for the Strong ." level monitoring Subdivision fbr storage yards for materlsated to natural compliance with the gas drilling. activities. The sound study was also conducted to ti'eri frti- comp lie Colorado State Noise Statute. APPI.___ __3LE NOISE REGULATIONS The proposed Use 01' the property for sounds generated at the site Colorado State Noise Abatement Code (Title 25, is regulated by the sound level limits for uses rex Article 1?}. Table 1 list the allowable property currently falls under the `sfou d lebvels sethe t -Residential I he proposed use of the lontng.' The measurements taken shows comparison to the maximum permissible for residential land use by the Colorado State Noise Statute (C,R.S.25-12-101 I'he maximum permissible nolle levels for this Use is setp ble levels defined a.m. n xii ump.mpermissible § me ors (7:00 Monday — Friday) with allowable increases up to 65 dBAdaytt for fifteen (1) minutes in any one (1) hour period. TABLE (f-) COLORADO TE STATLTE 25-12-103 klrA.V.', , i; E Rtv1ISSIE NOISE LEVELS Zone Daytime in (z' - ___-� dBW (7:00am to 7.00 m Nighttime ��t ____ to ___ _ _-).-- — - (7:OOpm to 7:OOam) Residential Commercial50 Light Industrial 85 70 1ndustrlal 80 75 65 rt, During, F1e ddytirne, the noise let's'; c to d?t� dig d'e'.:c{.r 75. 7 �' ono -hour period. l �i ;, ti t for i rttira�tt� 5 it, trtt r•:" Noise love! limit decrease,. ht-� ; ;,, . - r iukit itn f e t t pe ,t'titicl,+, SITE DESCRIPTION • The property for the proposed site is situated at the southeast corner oft the State I1wv 6 & 24 and Coon Road 300 (Una Road)west he intersection Of (SEE A� TACIII:l) MAP). On the notch side of the property. fitltown of by State CO 6 & 24 and the Union Pacific Railroad tracks. p is bordered by State Iltt�y property line. "1'o the east and south ol'the property 'ittitstbordery edtby En(aalola�r Orchard Compressor Station_ and the Tippin Gravel 3ithe west Pit. na Oil & Gas's S[)UND STC DY >!ESi'LTS Sound levels were recorded at one location on the proposed property. Due to limited access and safety to the equipment.. the equipment was set up six (6) feet inside the west property line (see site location neap for GPS location or equipment). The location of the � equipment was chosen for two reasons; 1) to adequately show noise levels at the entrance to the site, where the majority of noise levels will be generated, 2) to show noise e from surrounding areas. mainly traffic on County Road 300 that is not associated with he th�the proposed use of the site. Sound levels were taken on June 14. 2007 and June 15, 2007. levels were recorded for a i levels du twenty-four (24) hour period to show sound l hours. during peak Strong Subdivision had a fork lift and a semi truck onsite performing normal duties are to be expected at the site. Operations of the truck and fork lift continued ntont between the hours of 9:00 a.m. and 4:30 rn. on and offpresent Sound readings ranged 42 p- During the time that the equipment was from dBA to 58 dHA with a few instances where measurements were in the high 60's and low 70's dHA range. only be explained by truck traffic along County Road 300 using exhaust (higher Jake)) bra can and louder mufflered vehicles. kes. Additional activities that occurred during the sound study which includes the heavy and vehicle traffic, also includes Union Pacific Railroad trains, a rig move associated truck with natural gas, construction on EnCana's compressor station. and dailyroutine operations at the gravel pit. All of these activities contributed to the higher noisese volumes that were recorded, and were not associated with the proposed use property for Strong Subdivision. of the Table 2 graphs out the sound records that were taken at the site. Attached to this document is a read out of the recordings taken at the site as well. Sound meas urements were recorded every two (2) minutes to show a hotter range of peak noises and times that high peaks lasted around the property - Table 2 1\ 08.03 08 On average the sound levels collected at Strong Subdivision's property demonstrates noise levels that can be expected at the site. Sound levels associated to the proposed use will he lower that the measurements shown in table two (2) due to the amounts of additional activities that occur on a daily basis that are not related to the proposed use. Strong Subdivision is also proposing to build a AN are houses at the sites Ivhere the materials will be stored, which will mitigate noise levels at the site. SOUND MEASUREMENT EQUIPMENT Table 3 identifies the sound monitoring equipment and its specifications that was used to gather the sound levels at the site. The sound meter was set to log two (2) minute averages_ showing more "Peaks" and "Valleys" to demonstrate overall sound levels from the site and other sound levels not associated 1,vith Strong Subdivision.. TABLE 3 MEASUREMENT EQUIPMENT Location Equipment Set 1 Sound Level Meter Extech/407764 EQUIPMENT SPECIFICATIONS Make/Model Serial # 1 5ND44 Applicable Standards Accuracy Frequency Range Measuring Level Frequency Weighting Microphone Display Bargraph Sampling Rate Datalogging Sample Rate Time Weighting Level Ranges Auto Range AC Output DC Output IEC651 Type 2, ANSI 51.4 Type 2 t 1.5dB (under reference conditions) 31.5Hz - 8KHz 30 — 130d8 AandC 0.5" Electret condenser microphone 4 -digit LCD Resolution: 0.1d13 Display Period: 0 5 sec . 100dB scale, 2d83 steps 50m5 1 to 86,400 seconds per record FAST: 125 mS, SLOW: 1 sec. 30-80dI3, 40-90dB, 50-100dB, 60-110dB, 70-120dB, 80-130dB 30-130dB 0.707 Vrms at Full Scale Output impedance approx. 6000 10m 7d11 Output impedance approx. 1 000 1 • STRUNG SUBDIVISION STORM WATER MANAGAMENT PLAN FOR UNA DEVELOPMENT STORAGE YARD GARFIELD, COLORADO 2008 Prepared By: Wagon Wheel Consulting, Inc 111 E. 3rd St., Suite 2I3 Rifle, CO 81650 TAB�,E OF CONTENTS 1.41 INTRODUCTION 1.1 Storm Water Runoff Permitting Requirements 1.2 Project Description 1.3 .Project Owner and Operator 2.0 CONSTRUCTION SITE DESCRIPTION 2.1 Legal Description 2.1,1 Schedule of Construction Activities 2.2 Runoff Characteristics 3,0 POTENTIAL POLLUTION SOURCES 4.0 DESCRIPTION OF CONTROLS 4.0.1 Erosion and Sediment Controls 4.0.2 Structural Practices 4.0.2.1 Implementation of Structural Practices 4.1 Storm ''Water Control Measures and Best Management (EMP's) Practices 4.1.1 Uphill Topsoil Stockpile/ Diversion Berm 4.1.2 Uphill and Downhill Silt Fence 4.13 Straw Bale Check Darns 4.1.4 Rock Check Dams 4.1.5 Road Drainage Relief 4.1.6 Culvert Inlet and Outlet Protection 4.1.7 Soil Berms and Sedimentation Basins 4.1.8 Storm waddles/ Straw ROILS 4.1.9 Re -Seeding of Disturbed Areas 4.2 Other Controls Waste Management and Disposal 4.2.2 Fuels and Materials Management 4.2.3 Construction Site Housekeeping 5.0 INSPECTION & MAINTENANCE x 6.0 NON-STORMWATERHAR PROCEDURESR DISCHARGE 7.0 CERTIF1C'ATU)NS MANAGEMENT PLAN 1.0 INTRODUC'TION: This Stormwater Management Plan (SWMP) has been prepared to cover the construction and daily operations proposed by Strong Subdivision for storage buildings and ',v•ards to house equipment and materials related to the oil and as industry. The SWMP has been written to comply with the Colorado Department of Public Health and Environments regulations (CDP1 1E) as Well as the U.S. Environmental Protection Agency (USEPA) and the National Pollutant Discharge Elimination System (NPDES), storm water regulations. This SWMP is intended to address Best Management Practices (BMP's) that w..iR be implemented for the disturbed areas along the access road and facilities. The SWMP will be updated periodically as needed to address planned developments, and to maintain compliance with the applicable agencies regulations. 1.1 Storm Water Runoff permittino Re uirements The Federal ciearilt,ater Act 1SeC(On 401 (p)] requires that discharges of pollutants to waters of the United States from any point source be regulated by NPDES permits. In November 1990, the USEPA published final regulations that establish application requirements for storm water associated with construction activities for soil disturbances of 5 acres or more be regulated as and industrial activity and covered by an NPDES permit. fn December 1999. the USEPA published final phase If NPDES regulations that established application requirements for storm water associated with construction activities for soil disturbances to be regulated as an industrial activity and covered by a NPDES permit. These regulations became effective July 1, 2002. Construction permits are required for oil and gas activities that disturb 1 or more acres during the life of the project, or are part of a larger COMIT1011 plan of development. CDPIIE considers a common plan of oil and gas development to mean development of several well pads and/or related infrastructures in a contiguous area either during the same time period or under a consistent plan for long-term development 1.2 1212kADescri lion am.1 Back ',round Strong Subdivision is in the process of planning to construct sites that would be utilized to store equipment and materials related to the drilling and • production of natural gas in the Western Colorado area. The construction of the site will include but is not limited to: minimal grading to construct the pad in which the building will set, grading of the access road and harrow ditches, and construction of a retention pond. The proposed project will consume zipproximately eighteen (18) acre parcel of land. Stro,ig Subdivision has plans to begin construction on this project in the later portion of 2008. and plans to he completed with construction within six months from the start ache project. The proposed site ►► ill be constructed to meet all Federal. State. and Local specifications and regulations including those set forth by the CDPI IE. USEPA. and the NPDES organizations. All plats and drawings for the above listed project will he added in as an appendix. Any fixture projects that may arise during the development or the site will be added in as an appendix to this permit 1.3 Project Owner and Operator The Project Owner and Operator is Strong Subdivision their address is: Strong Subdivision P.O. Box 808 Silt. CO 81652 Strong Subdivision contact people are George Strong and Cody Smith (Wagon Wheel Consulting. Inc.) George Strong can be reached at (970) 625- 8903, and Cody Smith at (303) 902-1532. Strong Subdivision intends to utilize the services of contactors that specialize in the construction of these types of facilities for the completion of the project. Strong Subdivision or company representative will ensure that the contractors complete their scope of work as specified and that all regulations and stipulations are met. 2.0 CONSTRUCTION SITE DESCRIPTION: 2.1 Legal Description SW '/a of SW '/.s. Section 27, Township 7 South. Range 96 West, 6`h P.M. 2.1.1 Schedule of Construction Activities Strong Subdivision plans to begin construction of above listed project in late 2008. and expect to complete construction of the site within 6 months. 2.2 Runoff Characteristics Natural drainage varies through out the area. The site characteristics are considered as gently sloping to flat. The property is located adjacent to State Hwy 6 & 24. 1-70, and the Lnion Pacific Railroad. All off-site. up-strcarn runoff is diverted around the property by existing drainage improvements Froin these adjacent lands. There are no drainages affected by the operations and construction of this facility. (See Attached Topographic Map of Area) 3.0 POTENTIAL POLLUTION SOURCES 3.1 Potential Pollution Sources associated with construction and natural gas development include but are not limited to: N Sediment resuitirg from erosion of soil stockpiles and other areas _, of ► egetation eared ` Leakage .s �of fuels and lubricants from equipment and spills from fueling �f�rash and debris from Clearing activities, construction materials, and The most common source of pollution from improved dirt roadway's and sites is sediment, which can he carried awa drilling runoff and impact thewater quality. of a receiving r�m these sites with storm water other wise altering previously undisturbed land can increase theerate of soilrero andn over pre -disturbance rates. in addition. road grading activities that are necessary to maintain the road can create sediment spoils that can be displaced and/or eroded and transported into nearby drainages. Petroleum products are also storm water pollutants. These products are used in drilling, completion, and construction of oil and gas activities. These products the are mast commonly used to power an lubricate equipment include: fire gear hydraulic oil, brake fluid. and g p educts that crease. 1. gear oil., Other potential pollution sources to storm water can be but are not limited to debris from material lay down yards. Residue from equipment cleaninf� and salad waste generated from land clearing and maintenance, brush. trash. etc.). Materials such as compressedron and human activity (trees, chemicals used for drilling and completion oprations and thates rare stored sed in eon-ste are ing and also potential storm water pollutants. 4.0 DESCRIPTION OF CONTROL MEASURES 4.0.1 Erosion and Sediment Controls Erosion and sediment controls are typically used to minimize release of sediment to storm water runoff. These controls can be accomplished through the use of a combination of construction techniques to include structural and/or non-structural controls including BMP's. This section describes erosion and sediment controls that are to be used at active construction sites to minimize impacts to storm water runoff 4.0.2 Structural Practices "the following are structural site management practices. ci hick will mininhize erosion and sediment impacts to storm iy�rter runoff. and gently sloping r • ping terrains outside the project area will not be graded, except where reasonable for construction equipment stability and fire safety. Placement of any topsoil stockpiles along the upstream water of project to divert storm ater runolT and "or run -ort. To minimize disturbance associated with �a facility,. level Culverts will he protected using Rip Rap armoring, inlet aprons such as straw hales or storm IA -addles. For below grade inlets sediment stoups may he installed to enhance deposition. Culvert outlet may be protected with Rip Rap splash pads to slow water as IN elf as straw hale dikes to catch any extra sediment that may pass through culverts. • Side hill cuts will be kept to a minimum to protect local resources wile providing a safe and stable plane for the efficient and safe use ofequipment. • Silt harriers such as: brush darns. rock filter dikes. silt fence, Straw bales, storm waddles. or water bars will be installed as needed on down gradient and fill slope portions of the project. In areas of steep slopes that are not annually cultivated. water bars or runoffdiversions will be installed as indicated in Table 1. Water bars and diversion dikes will be constructed to begin and end in undisturbed ground at 2% grades. TABLE 1 SLOPE DIVERSION SPACING feet 16 -30 °f° 300 R. 30 % + ?�� ti 100 11. 4.0.2.! letnentation of Structur ra ti jcs ▪ Construction sit Mize control measures such as vegetativ rs, brush darns, rock filter dikes, silt fence. straw bale dikes, water bars. or equivalent sediment controls so as to protect downhill surface waters, wetlands. roads and other structures that may be affected from sediment flow due to runoff from a storm event. • All graded surfaces, walls. dams and structures. vegetation. erosion and sediment control measures and other protective devices used for erosion control will he maintained, repaired and restored as appropriate. • All erosion control structures will be inspected by qualified Storni Water Management Inspector at least every' 14 days befrre implementation of the reclamation phase and within 24 hours after a storm event of 1.0 inch or more. under normal circumstances, deficiencies will be repaired in a timely manner. Mier reclamation phase has been implemented inspections will he completed at least once every 30 dans or after storm events. -The designated inspector will maintain documentation of inspections. findings and corrective actions. 4.1 I()RM WATER CONTROL ROL . IFASURI:S & HEST MANAGEMENT �I:�; a hill To soil Stock le! Diversion Berm In order to divert surface runoff from up gradient from road and facilities, salvaged topsoil svllbeplacedeas on�theyuphill side of the cut slope. The topsoil stockpile will be placed and graded to form a diversion berm that ss ill direct surface runoff away from the project. 4.1.2 U hill ncys�nhill Silt f ence Silt fence will be placed on uphill sides of projects where applicable or existing vegetation is limited to reduce uphill runoff' onto projects. On the downhill side and fill sides of projects silt fence will be installed within a 100 feet ofa surface drainage. Silt fence may be required in areas where steep slopes below the projects will likely result in fast flow of water from the location to nearby drainages 4.1.3 Straw Bale Check Dates Straw bale check dams will he installed in areas of concentrated flow. Straw bale dams should be at suitable locations along the improved sections of the projects and along the new access road to well pads. All straw bale dams are to be constructed using certified weed free straw bales. 4. 1 .4 Rock Check Dams Rock check dams will be installed in areas of concentrated flow where straw bales are not feasible. Rock check dams may be used instead of straw bales in areas where step slopes. high flows, or long tern exposure are expected to result in failure or frequent maintenance of straw bale structures. q 4.1.5 Road Drains 7e Relief Culverts, rolling dips or water bars may be used to provide drainage of storm water from road surfaces as needed to drain low areas or to reduce the amount Of water flowing on the road surface. Road drainage relief should be provided as needed and in accordance ss ith generally accepted practices. Guidance for road drainage relief is available in the document "l.rnr- I' hone Roads I-rrgi,,e rirr , Best Management ent Pruc•tie.e.c 1.1e/ / (»,role, " developed by the [ .S. Forest Service and available online at drainage location and ty e of drai • AH Culvert inlets will be protected with rip rap or turf reinforcement matting (TRM). Rock liar rip rap shall be 2-4 inches in diameter and at least 6 inches deep. Storni waddles; Straw rolls should he placed in a horse shoe shape around the rip rap areas on the inlet side of the culverts to help in minimizing sediment from making its way through the culvert. Culvert outlets will he protected with rip rap splash pads to assist in slowing waters as well as to minimize puddling and downstream erosion. Iri areas where rip rap is not feasible straw bale dams should he installed to slow waters and catch additional sediment runoff: Culverts will be sized accordingly to maintain clear flow of water with out obstruction or damming of storm water runoff sediment and materials. Culverts should be a minimum of 8 inches in size. Culverts are to be installed level w ith the original bottom grade of drainage on the inlet side, they should also he installed level with the original bottom grad of drainage on outlet side as well when feasible. When original bottom grade is to steep to install culverts, culvert should be installed at a ration of 3:1 to maintain ease of flow. 4.1.7 Soil Berms & Sedimentation Basins Soil berms mat he used to divert drainage away from areas of concern or to direct flow toward sediment control structures such as sediment basins. Where used, soil berms shall be constructed of soil with sufficient fines to minimize flow through the berm. Berms shall be at least 18 inches tall and will be compacted in place by wheel rolling or bucket packing with suitable rubber tired or tracked, heavy equipment. Soil beans will also be employed during the construction of the site to divert run-off away from the site and to divert storm water on the pad into the retention pond. 4.1.8 Storm Waddles/ Straw Rolls Straw rolls are intended to capture and keep sediment on the slopes and to minimize runoff sediment in barrow ditches. Straw rolls/ storm waddles are useful to temporarily stabilize slopes by reducing soil creep and sheet and rill erosion, until permanent vegetation can be established. Straw rolls will last an average of one to two years and if properfti' maintained can he reused. All slopes where straw rolls are to he placed are to be prepared and reseeded prior to placement of the rolls. Installation of the storm ‘vaddles/ straw rolls should be accomplished by digging a small trench across the slope on the contour. The trench should be dug deep enough to accommodate half the thickness of the roll (3""-57), Trenches shall be dug a minimum of 10 feet and a maximum of 25 feet apart. Straw rolls should be installed perpendicular to water movement, parallel to the slope contours. Straw rolls need to fit snuggly against the soil, no naps should he between the soil and roll. 1 ooden stakes will he driven through the rolls and soil to hold rolls in place. Only 1 to 2 inches of stake should be exposed above the rolls. Stake should be installed a maximum of 4 feet apart. 4.1.9 Re-Seedin of Disturbed Area Areas ofdisturbance that were created during construction but will not be used for the operations of the facility will be re-vc e ted after construction has been completed. Project sites should be re- seeded prior to the first available growing season. Seeding of locations should take place during the spring or fall months seeding seasons. Variations may occur depending on weather to determine when seeding should and can take place. Re-seeding of project sites should be accomplished by drill seeding w here applicable. When drill seeding, seed should he drill into soil a minimum of 3" deep. In areas where drill seeding is not feasible had broadcasting techniques may he used. On step slopes where broadcasting must be performed seed should he covered by a straw mulch, straw blanket, or hydro-mulch, l tydro seeding techniques can also be used to re-seed project sites in replacement of hand broadcasting and where drill seeding can be performed. Seed mixes will be selected by affected agencies such as the Bureau of Land Management (BLM), U.S. Forest Service. County Agencies, or private land owners. Where mixes are not specified, the seed mix will be selected by the re-vegetation contractor as to match the existing vegetation of the surrounding area as best as possible. Application rates will be selected by the re-vegetation contractor but should not be less than 10 pounds to the acre. In areas where hand broadcasting techniques must be performed application rates are to be doubled. Topsoil that is stripped and stockpiled from construction activities and that is expected to be there for a long expanded amount of time should be seeded as well to prevent erosion until site is reclaimed. 4.2 (]TIIF,R CONTROLS 4.2.1V rite Mana gement and [lis osal Road construction and grading will generate various other wastes during the course of construction. Other wastes may include but are not limited to the following: ' Trees and Shrubs from clearing operations, ▪ Trash and debris from construction materials and workers, • Sanitary sewage _ Each of these wastes will be managed so as to not contribute to storm water pollution. Trees and shrubs will be pilled at the toe of fill slopes to provide additional sediment control or may be mulched to he used as ground cover. Construction trash and debris w ill he collected in appro► ed containers and hauled off-site i�iAS]C1,yLeGLi periodically for disposal in a suitable landfill. Sanitary waste vs ill be containerized in portable toilets or other storage tanks with waste materials regularly pumped and transported off-site for disposal at an approved facility. 4 2.2 Fuels and Materials Management Petroleum Products Petroleum Products which are typically used during construction of facilities, may include and that may be found onsite are: • Gasoline, diesel fuel. lubricant oils and greases. hydraulic oils. used oils. and solvents. Gasoline and diesel fuels will he stored in portable containers approved for the transportation of fuels, and with secondary containment. Lubricants, hydraulic. and miscellaneous oils and solvents will he stored in approved 55 gallon or smaller containers and located in a designated storage area with secondary containment. Pollutants from petroleum product used during construction activities adhere easily to soil particles and other surfaces. in case of a spill or leak, soils contaminated 4%ith petroleum products will be contained and removed to a proper disposal site. Proposed soil erosion and sediment control practices will aid in retention of spills or leaks. Use of secondary containment and drip pans will reduce the likelihood of spills or leaks contacting the ground. Proper maintenance and safe storage practices will reduce the chance of petroleum products contaminating project sites. Oily wastes such as crankcase oil, cans, rags, and paper containing oils will be placed in proper receptacles and disposed of or recycled. Additional sources of petroleum contaminating soils, is leaks for equipment and vehicles. Routine daily inspections will be conducted to identify leaks and initiate corrective actions, if needed. The follow ing guidelines four storing petroleum products will he used: • All product containers will he properly and clearly marked. • Drums will he kept off the ground w ithin secondary containment and stored under cover if needed. Fuel storage tanks will be placed ww ithin a secondary containment storage arca. Lids to storage drums will remain securely fastened when not being used • Emergency spill response procedures will be available onsite. Persons trained in chemical spill handling v ill remain on call at all times. Spill clean-up and containment materials (absorbent. shovels. etc.) will he easily accessible. Spills will he • immediately cleaned up and contaminated materials v ill be properly stored on site until they can he disposed of in accordance with applicable regulations. • Storage areas and containers will he regularly monitored h.?r leaks: and repaired or replaced as necessary. Workers should be reminded about proper storage and handling of materials during weekly subcontractor or satetr meetings. Other Chemical Products Management: Additional materials will be used and stored on site for use in construction. These materials will he stored appropriately and managed to minimize spills and leaks. Material Safety Data Sheets (MSDS) will be located at all storage areas, and in vehicles used for transporting the chemicals. All employees should he trained on how to use MSDS in the case ofan emergency. Storage areas wiI1 be regularly inspected and any spills or leaks will he cleaned up immediately. Material Management The construction contractor will be responsible for the maintenance of lay down yards and staging areas that are used for the onsite storage of equipment and materials. These areas will be maintained with good house keeping and will be inspected on a regular basis for spills, leaks. and any potential contamination. All spills and leaks will be cleaned up immediately. 4.2.3 Construction Site Housekeeping Housekeeping will consist of neat and orderly' storage of materials and containerized fluids. Wastes will be temporarily stored in sealed containers and regularly collected and disposed of at an offsite. suitable facility. If spills occur. prompt cleanup is required to minimize any commingling of waste materials 1.v ith storm water runoff. Routine maintenance will be limited to fueling and lubrication of equipment. Drip pans will be used during routine fueling and maintenance to contain spill or leaks. Any waste product from maintenance will be containerized and transported offsite for disposal or recycling. There will he no major equipment overhauls conducted onsite. Equipment w be transported offsite for major overhauls. Cleanup of trash and discarded material will be conducted at the end of each work day. Lay down yards and storage areas should be equipped with trash containers that are to be hauled offsite to a local approved landfill and emptied on a weekly. basis. Clean-up w ill consist of patrolling the roadways, access areas, and other work areas to pick up trash. scrap debris, other discarded materials, and any contaminated soils that may be found. 5.0 INSPECTION AND MAINTENANCE PROCEDf'IZES Una Development, LLC will comply with all specifications and regulations set forth by the General Permit concerning inspections and reporting spills and maintenance issues. Inspections will be completed for the construction site to include; roads and on any new disturbances one acre or larger. The inspection process rr i11 he conducted as follows: • Only qualified inspectors familiar with SWMP and current control measures and appointed by Una Development. LLC rr ill conduct the inspections. • Inspections will cover all areas of'the construction project sites to include: Staging Areas, Material lay down yards, access roads, and other areas disturbed by construction. • Inspections will take place at least once every 14 calendar days or after precipitation events, or snow melt events. These inspections will continue until the final reclamation phase has been completed. • Once the final reclamation stage has been completed inspections will be completed at least once every 30 calendar days. and until 70% of vegetation meets pre -disturbed Levels. The hula hoop test can be used to determine the 70% level. • All inspections will be documented on an approved SWMP inspection form. • All BMP's will be inspected for evidence of deterioration. sediment build-up, etc. BMP's will be repaired or replaced if found to have defects. Sediment build up will be removed after it has built up to one third (1/3) the height of the straw bales or silt fence. • Access roads will be inspected for evidence of offsite tracking of sediment. • Modifications to the SWMP will be made within seven business days following each inspection if necessary. Modifications will include additional controls designed to correct identified problems. and to meet current regulations. • Inspection reports are to include the following: o Inspectors name (Printed) o Date inspection was completed o Inspectors signature o Brief description of project o Rfti1P's used o BMP's needed of maintenance required o Site Rehabilitation % o Areas inspected o inspection of any spills found o Inspection period (14 day, 30 day, Precipitation Event) All inspection forms will be retained I'm a minimum of 3 years from date the site was finally stabilized. • Actions taken to rnodifi any. storm ►rater control measures will he recorded and maintained with the SWMP. " In the case ofa spill. inspections are to he logged on a separate ic7rrn with a detailed report of incident and steps taken to remediate and cleanup the spill. Niaintenancc of storm water controls and BMP's should be made as soon as possible fielloww insg all inspections. Repairs and replacement %w ill he perlbrrned by the designated contractor (s). Contractors used. to construct control measures should be knowledgably of 5WMP controls and proper installation techniques. Una Development. LLC reserves the right to select any contractor they find fit to complete the task. 6.0 NON -STORM WATER DISCIIARGES No non -storm %water discharges are anticipated from the above listed project. Possible exceptions include fire prevention/ suppression or dust control activities. 7.0 CERTIFICATIONS 7.1 Owner/Applicant Certi tiation 1 certify under Penalty of Law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated 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, that the information submitted is, to the best of my knowledge and belief, true, accurate, and cotnplete. I am aware that there are significant penalties for submitting false information, including the possibility- of fine and imprisonment for knowing violations. OWNER/OPERATOR Nance (printed): Signature: Date: APPLICANT ( If different than Owner) Name (printed): Signature: Date:: SWMP Prepared By: Wagon Wheel Consulting, Inc. 1 1 1 i:. 3rd Street, Suite 213 Rifle. CO 81650 Ph: (970) 625-8433 Cody. W. Smith • Strong Subdivision (formerly Cana I)e%elupnaent Contractor's Yard) Wildlife Assessment and Mitigation Plan Garfield County Conditional Use Permit .-application Photo 1. View northwest from southeast corner of property. Prepared for: Wagon Wheel Consulting Rifle, CO Prepared by: '4Vest%Vater Engineering Inc. 2516 Foresight Circle #1 Grand .Junction, CO 81505 September 2007 V4'estWater Fngincering Page 1 of 7 9/14/2007 Strong Subdivision (formerly Una Uev'elopment C'ontractor's Yard) Wildlife Assessment and Mitigation Plan (Garfield County Special Use Permit Application Introduction The Una Development Contractor's Yard is located in SW' f; SW'..; Section 27. T7S, R96W, 6'11 PM (Figure I). The site is located in an industrial subdivision area oUGarfield County. County Road 300 borders on the west. Union Pacific Railroad and US IIWY 6/Interstate 7(} on the north. EnCana Orchard Corepressor Station on the east, and a large gravel mining operation on the south. Photo 2. Una Industrial Park northwest across US Hwy 6 and Union Pacific Railroad line. Site Inspection and Survey A site inspection conducted \VestW'ater Engineering (WWE) occurred on September 13. 2007. The perimeter and adjoining lands were survercd for plant communities and w ildlife use. Greater than 99% of the site has been recent(), bladed. (herefore. this report is based on indirect Wes1Water En�iineerindu Page ? of 7 9/14/2007 • 43Z.14* evidence from adjacent, undisturbed land as can be seen in Photo 3. This is a poor conditioned greasewood-cheatgrass vegetation community. Virtually no other vegetation species commonly found w ith ..4.reasewood was fbund here. Vegetation was nearly 100% greasewood or cheatgrass. r 4 Photo /, Unbladed greasewood-cheatgrass vegetation community on north edge of property. Table 1 is a list of wildlife species which could be expected to he observed on or from the site during sonic period in the annual cycle prior to blading of natural vegetation. Wildlife observed or leaving evidence of use on the day of inspection is noted in bold type. The data. obtained from the Colorado Division of Wildlife County Species Occurrence database. was extracted and modified by WestWater Engineering biolovists based on the plant communities present at the site. potential wildlife using those plant communities during at least one season and experience from observing similar sites throughout the region (CDOW. 2006. Fitzgerald, et al. 1994. Andrews and Righter. 1992. liammerson. 1999. USFWS. 2002). Table 1. Potential Wildlife Occurrence Checklist for Una Development Contractor's Yard IC °minor] Name Scientific .Vante ficeurrence Abundance** ,American Cnm. Birds tVoodhouse's Toad 'orvus bracin'illIC WS AO iv (indiums ;Kno 'Known to oixur ‘‘ n to occur ommon Common " Amphibiatts WestWater Engineering Page 3 of 7 j 9/14/2007 ,a1+'• �ilt'4k"-. G?f '."" •Nr /' ia. i rr + � ' Y�:.m� "'i*i-, V.� �h yr } r _ Q i ...;:(;t.'," ;'la'�•i`a:u1a�'�5!' '''%Asa.s`+d'.:.��.,...,._.,-„ir.��4�i:'danl.h�i::x;:•i.. t e�+w..•ra.i.a.=us.::.�ea! ,a._...:.s:>a •..+x°.!w,�+dr".1E .g..,... American Kestrel /alto sparver iw lace) per c,errirrar.s atrutuarr gKnuwn to occur Vairly Common American Peregrine Falcon iKnuww n to occur Rare _ Black -billed Magpie Pica pica !Welk catriculxillus 'Known to occur Known to occur Common Fair!) Common Black -capped Chickadee ,I3lack-throated (iraN Warbler j),'taclroica taigre:wens Known to occur Cummun Brewwcr's Blackbird l updragus crcaaaocephahes Knov,n to occur Common 13rewwer's Sparrow f5pi:etla hre,ec'ri Known to occur Common Browwn-headed Cowbird .Iltalotlrrus Liter Known to occur Common I3ushtit Psultriporus naiarinuas Know n to occur 1'ncomtnon Common Nighthawk d'hordelie.s minor Known to occur Common Common Raven Cun•us corax Known to occur !Fairly Common C'ooper's I Iuwk .•1ecipiter e•uoperii Junco hrem alis Known to occur Known to occur II1'ncomrnort t`ommon Dark-covcd Junco European Starling Sturnus vulgaris Empic4max wrighrii Known to occur Known to occur Abundant fairly Common Cray Flycatcher !lotted 1.ark ,Frenaoplaila alpe.slris Known to occur Fairly Common 1louse Finch ('orpncicrcus naexic•anus Known to occur Common !louse Sparrow Passer domestic us Known to occur Common Killdeer C'huracdrius vocrferaus Known to occur Fairh' Common Mourning Dove jeenai da nracroura Known to occur,Common Red-tailed 1 Iawk flute° lanloiceaa.sis Known to occur Uncommon - Rock Dove C'ohrrnha Brio Known to occur Common Vesper Sparrow Pooeeetes, ramineus Known to occur Common Violet -green Swallow 1CIch1'ciaaeto thatas•sirra Known to occur Common Western Bluebird Sicilia .tlexiccaraa Known to occur Rare Western Kingbird Tvrca mu.s verticals Known to occur Fairly Common Western Meadowlark Stur,,ella aaeglecra Known to occur Common Mammals Bobcat l.vaxx ruins Known to occur Common Abundant Coyote Canis latreara,v Known to occur Deer Mouse Pero/ripe/is nauraicarlcatus Known to occur Abundant Desert Cottontail ,5t'tvilagar.s ine darhnraii Known to occur Common Mule Deer Ocdocoileus hemionus Known to occur Abundant Raccoon Proc•vraa loto,' Known to occur Abundant Red Fox 1 "arfpe.s vulpes .tlephitis mephitis Known to occur Known to occur �\hundant 1 Inconamun Striped Skunk White-tailed Jackrabbit J.epus rtnrnsencdii Known to occur Common Reptiles I:cnce Lizard 'cc/open-its undulates Knot', 11 to occur Common Raccr ('Rahrher cnrastric°tor Known to occur 1'ncontmon Sagebrush I.iiard kcic:elaTorus grac'insus Known to occur Common *Occurrence is for Garfield County in similar habitat and not necessarily this site as edited by WestWater. ”"Abundance is for where found in Garfield County, not necessarily this site. Discussion The site is an open. former saltbush shrubland. Wildlife use and value of the site tow ildlife is considered Iow. Condition of'remaining shrubland and existence of a type of fencing used in WestWater Engineering Page 4 of 7 9/ 14 2007 • sheep ranching indicate the property was grazed at a high intensity previous to development of the general area for industrial purposes. The property is large enough that prior to disturbance it may have supported a couple of nesting pairs of neo -tropical avifauna. e.g. Brewer's and Vespers sparrows. flycatchers and other insectivores likely foraged in the skies during insect hatches over the property. A few desert cottontails and assorted other small mammals inhabit similar nearby areas. Conclusion Prior to recent blading the site was relatively low value habitat for several common species of wildlife. With the current state of proposed development likely to continue well into the future, wildlife values and management opportunities are very limited. Future weed control to prevent becoming a sink for weed seed disbursement is the best practice for this site to be friendly to wildlife. Wildlife Mitigation and Management Recommendations Control noxious weeds. Regulated noxious weeds degrade wildlife habitat by replacing native vegetation. Control weeds to prevent site from becoming invasive species seed bank. Minimize footprint of disturbance. Reduce to the minimum level possible all soil disturbing activities. Park construction vehicles on previously disturbed lands during construction to further reduce temporary disturbance. Re -seeding. Temporary and permanent disturbances are recommended to be re -seeded with native grasses. These measures are described in an integrated Vegetation and Noxious Weed Management Plan prepared for this site by WestWater. Best management practices such as the imprinting of unvegetated slopes to reduce rill erosion should be implemented. Topsoil on finished grade has been eroded as can be seen in Photo 4. Merely imprinting with bulldozer tracks at right angle to slope would have prevented some loss of topsoil. Fence Removal. Wildlife un -friendly fences are located adjacent to the site, particularly the old sheep fence on the north side which represents an entanglement danger along with the old telephone and telegraph wires hanging from abandoned poles. If possible, the old fence and wires should removed to reduce wildlife entanglement danger WestWater Engineering Page 5 of 7 9/14/2007 • :/ ��. I.e. :Iki...f, rll! ,, { Photo 4. Ofd sheep fence on north boundary „ x ryfnrecen#burn area. 4.. References Andrews, Robert and Robert Righter, 1992. Colorado birds: A reference to their distribution and habitat. Denver Museum of Natural l f istory. Denver. 442 pp. Colorado Division of Wildlife, 2006. Wildlife species occurrence. http:f/ndis.nrel.cofostate.edu Fitzgerald, James P., C.A. Meaney. D.M. Armstrong,. 1994. Mammals ofColorado. Univ. Press of Colorado, Niwot. 467 pp. l fammerson. Geoffrey A.. 1999. Amphibians and reptiles in Colorado. 2nd Ed. Univ. Press of Colorado. Niwot. 484 pp. U.S. Fish and Wildlife Service. 2002. Birds of conservation concern 2002, Division of Migratory Bird ,Management. Arlington, Virginia, 99 pp, (Online version available at <http://m igratorvbirds.fws.gov/reports'hcc2002.pdf J WestWater Engineering. Page 6 of 7 9/14'2007 oo 4 Battiement Parkway Integrated Vegetation and Noxious Weed Management Plan Strong Subdivision (formerlUna 1)c%eloprnent Contractor's Yard) Garfield County, Colorado • Photo 1. view from southeast corner looking northwest towards Una Industrial Park. Prepared for: Wagon Wheel Consulting Rifle, CO Prepared by: \Vest\%'ater Engineering 2570 Foresight Circle 41 Grand Junction, CO 81505 September 2007 Introduction Strong Subdi►ision (formerly Una De►elopment Contractor's Yard) integrated Vegetation and Noxious Weed Management PL.rn September 2007 The Una Development Contractor's Yard is located in SMr. ", SW "i Section 27, T7S. R96W. 6th PM (Figure 1). The site is located in an industrial subdivision area of'Garfield County. County Road 300 borders on the w►est. Union Pacific Railroad on the north. EnCana Orchard Compressor Station on the east. and a large gravel mining operation on the south. The inspection identified appropriate topics for inclusion in an integrated vegetation and noxious Weed management plan required by Garfield County regulations (f3OCC. 2006). Factors considered include soil type and texture. existing land management, absence or presence of listed noxious weeds and potential natural vegetation community. Landscape Setting Terrain is gently sloping to moderately steep with south facing aspects. One soil is found on the property. Arvada loam with 1-6% slopes. The ecological site is salt flats and is a difficult soil for reclamation (NRCS, 2007). Greater than 99% of the site has been bladed prior to survey (Photo 1). Therefore, this report is based on indirect evidence from adjacent. undisturbed land as can he seen in Photo 3. This is a poor conditioned greasewood-cheatgrass vegetation community. Nearly no other vegetation species commonly found with greasewood was found here. The exception was two hottlehrush squirreltail plants and a few shadscale shrubs. Dominant vegetation is greasewood and cheatgrass. Potential natural vegetation for soils affected includes the species listed in fable 1 wvith the expected density. The Arvada loans salt flats site is particularly difficult with fine soils that expand and shrink with moisture (NRCS. 2007). Reclamation species arc often difficult to find. expensive, and difficult to plant. Photo 2. Unbladed greasewood-cheatgrass vegetation community on north side of property. Shrubs and chcatgrass dominate the undisturbed landscape on the extreme north edge (Photo 2). Currently, dominant vegetation in the bladed area includes greasewood, chcatgrass. halogeton. sunflower {Helianlhrr.s spp.) and prickly lettuce (Lacfucaserrwf,). Table 1. Potential natural vegetation for Arvada loam salt flats at Una Development Contractor's Yard. ' Coni anion Name Scientific Name inland saltgrass western wheatgrass alkalai sacaton Gardner's saltbush s4 interfat Freasewood be ttlebnrsh s uirreltail Di.slichlis ,rpwala Typical Rangeland Composition 'a.scojn rrrnt .VM ifhii Discobolus uiroicle.s .d ntnle.r gcrrcinerii Krasclre ninnr'koriu larrafcr .5'grcrthattrs re r►nicidairrs 711111rs eltrnr.r'cles 10 10 10 • Photo 2. Arvada loam salt flats. Photo 3. Formation from which soils derived. Current Amount of Infested Land Needing Treatment Although the property is exposed to several problem Weeds not regulated by Garfield County or State of Colorado (8 CCR 1203-19). it is relatively noxious weed -free. Only salt cedar (71 rartatttossisi.ea) was found and that in low numbers and densities (see Figure 1). Other weeds observed are noted in the text due to adverse impact these species may have on reclamation through competition for moisture with desirable species. Only Garfield County listed weeds were mapped. Species in bold type in Table. 2 are weeds observed in the field on the property. Those in regular type were observed nearby on other property. Photo 5. Cheatgrass and halogeton. Photo 6. View east along north boundary. Table 1. Una Development Corp. Contractor's Yard list of regulated noxious weeds regulated by Garfield County and the State of Colorado. Common Name*/ USDA Symbol Scientiftc•.\'ui Type** r Control Methods dowwn% brume, cheat` BRIE Bromu.s tecturu►►t flan[ conarctititie 2rasses, pre -emergent herbicide, limit FuraiinL. halogeton` ilalogetu►►gienneru►u.s 1 'Manual mechanical, set ecti%e herbicides, contpctitke • RAGE field bindsseed` ('O;1 R4 diffuse knapn eed{ Russian knap%%c'edh ACRI:3 hull thistle`' ('lVt' salt cedar T:%RA Conuovuls'►rs arvensis (e itittl.'1'i1 ;liiltr ;! . lcrollltl1,1 repens ('ir.+i trot t'ulcure Tumurfr ru+r+►►russisi►na li grasses. remove source of disturbance. I3inJ%teeJ mites. sclecti%e herbicides, coin .611%e grasses Seed head !lick. herbicides at rosette static, tillage in rosette static. Reseeding disturbed sites t%ith fast grim ink; grasses. herbicide in loll. allclopathic — tillage may he necessary Lill or hand grub in the rosette stage, mats at bolting or early non ering: apply seed Bead& rosette nee%iis. Ieaflceding beetles, cut and hag mature seed heads. herbicides in rosette %face. burning is not recommended: repeated or historic flooding of hottomtands to prevent seedling establishment: hand pulling seedlings: spray herbicides on Nasal portion or stem` of young. smooth harked plants, cut larger plants and treat cut stumps within 30 minutes n ith concentrated herbicide plus an adjuvant (remove ail stems from site alter cutting - they 1%111 resprout i1'in contact %with soil): shade intolerant - promote grot%th of nati%e riparian species that %w ill shade out the tamarisk .K CCR 1203-19, Colorado Department o!'Agriculture, State of Colorado "C"' list. '( iariield ('aunt). list. Whitson. el al.. 1996, Sirota. 2004. NRCS. 20117a Recommended Treatment For this property, the use ofa soil sterilant should be considered. New products are available which are much safer than older products such as ureabor. Application rates are quite low and bio -accumulation is unlikely. Less than 20 salt cedar plants are found on the property. Control should be easily accomplished. On all problem weeds, it is important to know whether the target is annual. biennial, or perennial to select strategies that effectively control and hopefully eliminate the target. Treatment strategies are different depending on plant type and are summarized in Tables 2 and 3. Figure 2 and Mable 6 illustrate best timing and strategies for the noxious weeds found. l lerbicides should employed. not necessarily always be the first treatment of choice when other methods can be effectively Table 2. Treatment Strategies for Annual and Biennial Noxious Weeds Tar• et: Prevent Seed Production 1. bland grub (pull). hoe. till, cultivate in rosette stage and before flowering or seed maturity. 1f seeds develo cut and ha seed heads. 3. Treat with herbicide in rosette or bolting state, before flowerint„ 4. Mow. biennials after bolting stage. before seed set. 'Mow ing annuals ww ill not prevent flow erint; but can reduce total seed roduction, (Sirota. 2004) Herbicide treatment with two or more herbicide modes ()faction in fall (after approximately August 15 when natural precipitation is present) is the hest method to control difficult species such as Russian knapwveed. The resilience and ability to quickly develop immunity to herbicides, particularly those used incorrectly, makes it imperative to use the proper chemicals at the correct time in the specified concentration. Most misuse seems centered around excessive use either in frequency or concentration. This results in mostly top kill and an immune phenotype. Table 3. Treatment ies for Perennials Target: Deplete nutrient reserves in root sytem, prevent seed production 1. Allow plants to expend as much energy from root system as possible.. do not treat when first emerging in spring but allow growth to bud/bloom stage. If seeds develop. cut and bag if' possible. l lerbicide treatment at bud to bloom stage or in the fall (recommended, after August 15 when natural precipitation is present). In the fall plants draw nutrients into the roots for wyinter storage. Herbicides will be drawn down to the roots more efficiently at this time due to translocation of nutrients to roots rather than leaves, lithe weed patch has been present for a long period of time. another season of seed production is not as important as getting the herbicide into the root system. Spraying in fail (after middle August) will kill the following being formed on the roots at this time. year's shoots, which are 3. Mowing usually' is not recommended because the plants will flower anyway; seed production should be reduced. Many studies have shown that mowing perennials and spraying the re -growth is not as effective as spraying without mowing. Effect of mowing is species dependent: therefore. it is imperative to know the species and its basic biology, Timing; of application must he done when biologically appropriate which is not necessarily convenient. 4. Tillage may or may not be effective. Most perennial roots can sprout from pieces only 1/2' - 1" long. Clean machinery thoroughly before leaving the weed patch. 5. Hand pulling is generally not recommended for perennial species unless you know the plants are seedlings and not established plants. !land pulling can be effective on small patches but is very labor intensive because it must be done repeatedly. (Sirota, 2004) Best Management Practices The following practices should be adopted fir any construction project to reduce the costs of noxious weed control. The practices include: • top soil, where present. should be segregated from deeper sails and replaced as top soil on the final grade. a process known as live topsoil handling, • wetland vegetation if encountered, should be live handled like sod, temporarily watered it' necessary, and placed over excavated sub -soil relative to the position from which the wetland sod ww as removed. • in all cases temporary disturbance should be kept to an absolute minimum. • equipment and materials handling should he done on established sites such as the northern point of'origin to reduce area and extent of soil compaction. • disturbances should he immediately replanted ww ith the recommended mix in the re - vegetation section, • topsoil stockpiles should be seeded with non-invasive sterile hr hrid grasses if stored longer than one growing season. • prior to delivery to the site, equipment should he cleaned of soils remaining from previous construction sites which may be contaminated with noxious wwecds. • if working in sites with weed -seed contaminated soil, equipment should be cleaned of potentially seed -bearing soils and vegetative debris prior to moving to uncontaminated terrain. Photo 7. Dozer and track hoe bearing soil. Photo 8. Closeup of soil an dozer. In areas with slope greater than 3%, imprinting o[thc seed bed is recommended. Imprinting can be in the form of dozer tracks or furrows perpendicular to the direction of slope. When hydro - seeding or mulching, imprinting should be done prior to seeding unless the mulch is to be crimped into the soil surface. If broadcast seeding and harrowing, imprinting should be done as part of the harrowing. Furrowing can be done by several methods, the most simple of which is to drill seed perpendicular to the direction of slope in a prepared bed. Other simple imprinting methods include deep hand raking and harrowing, alwwa}s perpendicular to the direction of slope. Herbicides: Difficult species such as Russian knapweed respond better to application of a combination of two or more chemical modes of action (biological reason for plant death) rather than one (Boerboom. 1999). It has also been found that use of two different groups of chemicals in the same mode of action can increase effectiveness on difficult species, e.g. phenoxys and benzoic acids or carboxylic acids and benzoic acids in a mix. Some conte commercially pre -mixed. e.g. Crossbow and Super Weed -be -Gone Max which are available over the counter. f lowever, some of tate most effective herbicides are restricted use and available only for licensed applicators. Profbssionals or .landowners using herbicides roust use the concentration specified on the label of the container in hand. I Ierhicides generally do not work better at higher concentrations. Most herbicide failures observed by WWI'. are related to incomplete control caused hw high concentrations killing top growth before the active ingredient can be transported to the roots through the nutrient relocation process. Nlost herbicide applications should use a surfactant if directed on the herbicide label or other adjuvants as called for on the herbicide label. • Grazing: Grazing is not conducted on the subject property, Mechanical: Bull thistle and Russian knap►wed found nearby and initial outbreaks and occurrence could he controlled mechanically. Alternative Methods: Some noxious weeds are subject to datnaue from beneficial insects. Included are musk and plumeless thistle rosette weevil (T •ic/wsimcaltl.v hurrichts) and thistle defialiating beetle (Cas.virk rtrhlguiosct). ‘1.h MI feeds on the foliage of Canada, musk. and plumeless thistles (Sullivan, 2004). Currently, Currently, infestations and noxious species found are candidates for insect control. Another alternative method, particularly for downy hrome infestations and poor or destroyed topsoils, is the application of vesicular-arbuscular mvcorrhizal fungi typically referred to as AMI . These fungi. mostly of the genus (domes are symbiotic with about 80% of all vegetation. Endo-mycorrhizal fungi are associated mostly with grasses and forks and could be helpful when reclaiming this project. In symbiosis, the fungi increase water and nutrient transfer capacity of the host root system by as much as several orders of magnitude (Barrow and McCaslin. 1995). Over-the-counter commercial products, which are better adapted to coating seeds when reseeding and treating roots of live seedling trees and shrubs at time of planting come in powder form and are available from many different sources. Some also come in granular form to be spread with seed from a broadcast spreader. The best AMF products should contain more than one species. All CO State Forest Salida District tree and shrub plantings include the application of AMF. According to District Forester Crystal Fischler, .,DMF is worth it" (Tisclalcr. 2006). Most if not all Colorado Department of Transportation revegetation/re-seedingprojects now require use of AMF and BioSof®, a certified by-product of the penicillin manufacturing process composed primarily of mycelium. Compacted soils respond well to fossilized humic substances and by- products called humates. These humates, including humic and fulvic acids and humin were formed from pre -historic plant and animal deposits and work especially well on compacted soils when applied as directed. Revegetation The folloll ing nail is recommended for disturbed areas of the site that will not be treated 11 ith soil sterilant. Table 4. Recommended Seed Mix for Drilled R ate for Tombstone Trunk Phase 3 Scientific Name/Seeds per Pound !triplex canesc'ens 52.01)0 itriple.r .' PTfe'rti/aha 65. olio Pl trr(1flhl s jumesii !? 9, (inti Common Name/Preferred Cultivar iourn ing salthush 'hasiscale No. PLS/ft` % of Mix by PLS Ft.2 5 A11�11 Vika 9 ?t1 Application Rate Lbs PLS/acre 1.9 I.5 ?.5 • { a�- y�. Puscofiwrrorr .smiihii 11(1,(HW) klytntcs Iruclrt cureler.+ trcrrht cuulrey /59, runt 1'f)(! secunda 92.5,00 cti emern w+heatgrass arrihir ?U 3.6 slender \.heatgr:u, ti:ur 1 tris or Pr or I r, .wporohrehes uirrudes 1, ti nr,I) Sandher. hluearass 14 11k:ef;ti sacats}Ii Salado Total ( V RC'S, 2002. 2007h. Colorado N 43 t't.s Ft' mural 1 feritage Program, 1998) For best results and suCeess, the recommended grass mixture reseeding should be done in late autumn. The reseeding rate should be doubled for broadcast application. Preferred seeding method is multiple seed bin rangeland drill with no soil preparation other than simple grading to slope and imprinting and waterbars where applicable. Alternative seeding methods include but are not limited to: • harrow with justenough soil moisture to create a rough surface, broadcast seed and re - harrow, preferably at a 90 degree angle to the first harrow, • hydro -seeding (most economical in terms of seed cost), and • • hand raking and broadcast followed by re -raking at a 90 degree angle to the first raking. These are not the only means of replanting the site. However, these methods have been observed to be effective in similar landscapes. After desired grasses are established and control of target weed species is successful then shrubs. forbs and trees can be planted without concern for herbicide damage. Few native forb seeds are available commercially as cultivars. Most are collected from natural populations. Native shrubs and forbs often do not establish well from seed. particularly when rnixed with grasses. Past experience has shown that stabilizing the soil with grasses, accomplishing weed control and then coming back to plant live: containerized woody species in copses has been the most cost effective method For establishing the woody species component of'the plant community. Life Cycle and Management Calendars Figure 2 is a 2 year calendar for control and life cycle of biennial thistles. It is also appropriate to control of common burdock and common mullein. One column which should be added is cutting of rosettes which can be done any time daring growing. Figure 3 depicts noxious weed biology and preferred treatment timing. r� • • Figue 2. Life Cycle and Management strategies for biennial thistles. (ear 1 Herbicide H,rb AppiiCatiOn APO rear a (Hartzler, 2006) Figure 3 Noxious 1%eed Biology Species Type* Jan Feb March April Mit) June JuI) Aug Sept Oct NI+\ I)ec Knapweed, B, A rosettes —> bolt flowering seed set --> germination Diffuse Knapweed, C P emerges --> flowering —> --> regrowth Russian Thistle, germination rosettes --> --> --> Bull -1st yr Thistle. Bull - 2nd B > bolting flowering seed set--> --> --> rosettes yr (eaves flowering flowering senescence semi - Tamarisk* P >. > emerge & seed growth & seed & semi- --> --> dormancy set set dormancy A -- annual: W.i - v.inter annual: B = biennial: P perennial; (•P = creeping perennial Shaded areas indicate hest control liming. (S irota. 200-1.) Commercial Applicator Recommendations A certified commercial applicator is a good choice for herbicide control efforts. An applicator has the full range ofknov+ledge, skills, equipment and experience desired +%hen dealing ++ith russian knaplleed and other difficult vegetation. Reclaination farminru services using multiple seed bin range chills and specialized related equipment is available and should be used for reclamation seeding projects. • Common chemical and trade names may be used in this report. The use of trade names is for clarity by the reader. Inclusio ofa trade name does not imply endorsement of that particular brand of herbicide and exclusion does not imply non -approval. Certified commercial applicators Will decide which herbicide to use and at what concentration according to label directions. Landowners using unrestricted products must obey all label warnings, cautions. and application concentrations. The author of this report k not responsible tbr inappropriate herbicide use by readers. References 1 Barrow, J.R., and Bobby D. McCaslin, 1995. Role of tnicrobes in resource management in arid ecosystems. In: Barrrow. J.R., F.D. McArthur. R.E. Sosehee, and Tausch. Robin J., comps. 1996. Proceedings: shrubland ecosystem dynamics in a changing environment. Gen, Tech. Rep. INT -GTR -338. Ogden, UT: USDA, For. Serv.. Intermountain Res. Sta., 275 pp. Boerboorn, Chris. 1999. I Ierbicide mode of action reference. Weed Science. Univ. Wis. 5 pp. Cudney. D.W. and C.L. Elmore, 2000. Pest note: prostrate knotweed. IPM Fd. and Publ.. UC Statewide IPM Project, U.C.-Davis, Davis, 2 pp. Colorado Natural Areas Program. 1998. Native Plant Re -vegetation Guide for Colorado. Caring for the Land Series, Vol. 111, State of Colo., Div. Parks and Outdoor Rec., Dept. Nat. Res., Denver. 258 pp. Board of County Commissioners, 2006. Garfield County zoning resolution of 1978. amended October, 2006. Building and Planning Department. Glenwood Springs. CO, 78 pp. Efartzler, Bob. 2006. Biennial thistles of lova. !SU Extension Agronomy. tJRL: http://www.weecls.iastate.edu/mgmt/2006/lowathistles.shtml Natural Resource Conservation Service (NRCS), 2002. Plant materials technical note 59. USDA, NRCS. Colo, St. Office, Lakewood. 54 pp. NRCS. 2007a. The PLANTS Database (http://plants.usda. ;ov, 7 September 2006). National Plant Data Center. US Department of Agriculture, Baton Rouge. LA 70874-4490 USA. NRCS,. 20071). Web Soil Survey, US Dept. of .-Agriculture. URL: http://wehsoilsurvey.nres,usda.gc,v Sirota, Judith. 2004. Best management practices for noxious weeds of Mesa County. CSN Cooperative Extension Tririvcr Arca. Grand Junction. CO. http://www.coopext.eolostate.edu/TR.A/PLANTS/indexhiml4http://w ww .coopext.coldrstare.cclui IR;A PL ANTSibindweedmite.html ,awJk-..".r.,-4—�.�5.�.11..rt State of Colorado, 2005. Rules pertaining to the administration and enforcement of the Colorado Noxious Weed Act, 35-5-1-119, C.R.S. 2003. Department olAgriculture. Plant Industry Division. Denver, 78 pp. Sullivan, Preston, G. 2004. Thistle control alternatives. Appropriate `1`echnolog Transfer for Rural Areas, National Sustainable Agriculture Information Service. Fayetteville. AR. 9 pp. Tischler. Crystal, 2006. Personal communication. District Forester. Colorado State Forest Service. Salida. WestWater Engineering, 2006. North Parachute Ranch reclamation plan. 1:nCana Oil & Gas (USA) Inc., Parachute. 17 pp. Whitson, T.D. (ed.). LC. Burrill, S.A. Dewey, D.W. Cudney. B.E. Nelsno. R.D. Lee. and Robert Parker, 1996. Weed► qf the Wes!. Western Society of Vv'eed Science in cooperation v ith Cooperative Extension Services, University- of Wyoming.. Laramie, Wyoming. 630pp. 11 • 0 Battlement Parkway Huddleston -Berry F_ngineering & Testing. 1.LC George Strong PG Box 808 Silt, Colorado 81652 Subject: Geotechnical Investigation 304 Road Site Parachute, CO Dear Mr. Strong, 640 White Avenue, Unit 13 Grand Junction, CO 815{)1 Phone: 970-255-8005 Fax: 970-255-6818 Huddleston£ierry@bresnan.net July 25, 2006 Project#2 122-06 This letter presents the results of a geotechnical investigation conducted for your property along 304 Road in Parachute, Colorado The site location is shown on Figure 1. The proposed construction is anticipated to consist of three prefabricated metal buildings. The scope of our investigation included evaluating the subsurface conditions at the site to aid in developing foundation recommendations for the proposed construction. Site Conditions The site consists of approximately 18 acres and at the time of the investigation was generally open with a slight slope to the south. Vegetation at the site consisted primarily of low weeds and brush. The property was bordered by railroad tracks to the north, a gravel pit to the south, 304 Road to the west, and natural gas wells to the east. Subsurface Investigation The subsurface investigation included four test pits as shown on Figure 2 -- Site Pian. The .test pits were excavated to depths of between 7.5 and 8.0 feet below the existing ground surface. Test pits logs are included in Appendix A. As shown on the test pit logs, the subsurface conditions at the site were fairly consistent. The test pits generally encountered 1.5 feet of silty clay with sand and organics topsoil above brown, dry to moist, medium stiff to stiff silt} clay with sand to the bottoms of the excavations. Groundwater was not encountered in the test pits at the time of the investigation. Laborato Tessin Laboratory testing was conducted on soil samples collected from the test pits, The testing included grain -size analysis, natural moisture and density determination,. Atterberg Limits determination, soluble sulfates content, and swell/consolidation testing. The laboratory testing results are included in Appendix A. 304 Road #2122-06 07/25/06 Iiudd1 inn -Berry The laboratory testing results indicate that the clay soils at the site arc slightly -plastic. In addition, the soils were determined to be slightly to moderately collapsible with up to approximately 2% collapse measured in the laboratory. Soluble sulfates were detected in the site soils in a concentration of 400 parts -per -million (ppm). Foundation Recommendations Based upon the subsurface conditions at the site and nature of the proposed construction, shallow foundations are recommended. Spread footings and monolithic structural slabs are both appropriate foundation alternatives. However, as discussed above, the native clay soils at the site are slightly to moderately collapsible. Therefore, it is recommended that the foundations be constructed above a minimum of 30 -inches of structural fill. The native clay soils are suitable for reuse as structural fill. Imported structural fill should consist of a granular, non -expansive, non -free draining material such as pit -run or CDOT Class 6 base course. However, if pit -run is used for structural fill, a minimum of six inches of Class 6 base course should be placed on top of the pit run to prevent large point stresses on the bottoms of the footings due to large particles in the pit -run. Existing topsoil materials are not suitable for use as structural fill and should be removed from the building pad area. Prior to placement of structural fill, it is recommended that the bottom of the foundation excavation be scarified to a depth of 6 to 8 inches, moisture conditioned, and compacted to a minimum of 95% of the standard Proctor maximum dry density, within 2% of the optimum moisture content as determined in accordance with ASTM D698. Structural fill should extend laterally beyond the edges of the foundation a distance equal to the thickness of structural fill. Structural fill should be moisture conditioned, placed in maximum 8 -inch loose lifts, and compacted to a minimum of 95% of the standard Proctor maximum dry density for fine grained soils and modified Proctor maximum dry density for coarse grained soils, within ± 2% of the optimum moisture content as determined in accordance with ASTM D698 and D1557C, respectively. For the foundation building pad prepared as recornmended, a maximum allowable bearing capacity of 1,250 psf may be used. In addition, a modulus of subgrade reaction of 150 pci may be used. To protect against frost heave, the bottoms of foundations should be placed a minimum of 30 -inches below the finished grade. Any stemwalls or retaining walls should be designed to resist lateral earth pressures. For backfill consisting of the native clay soils, or imported granular, non -free draining, non - expansive material, we recommend that the walls be designed for an equivalent fluid unit weight of 50 pef in areas where no surcharge loads arc present. Lateral earth pressures should be increased as necessary to reflect any surcharge loading behind the walls. As indicated previously, soluble sulfates were detected in the site soils in a concentration of 4f10 ppm. This concentration of water soluble sulfates represents a moderate degree of potential sulfate attack on concrete exposed to these materials. Therefore, Type I-II sulfate resistant cement is recommended for construction at this site. 2:12006 Projects1200's-& gineering12122-06 Gauge Strong -304 Road`2122-06 LR072506.doc 2 304 Road 02t22-06 07125106 Hu ddl estop -Barr Exterior Flatwork Recommendations The native clay soils are suitable for support of slabs -on -grade. However, as mentioned above, these soils are slightly to moderately collapsible. Therefore, it is recommended that floor slabs and exterior flatwork be constructed above 12 -inches of structural fill with subgradc preparation and fill placement as discussed in the Foundation Recommendations section of this report. Drainage Recommendations Grading around the structures should be designed to carry precipitation and runoff away from the structures. It is recomrnended that the finished ground surface drop at least twelve inches within the first ten feet away from the structures. Downspouts should empty beyond the backfill zone. It is recommended that landscaping within three feet of the structures include primarily desert plants with low water requirements. In addition, it is recommended that automatic irrigation within ten feet of foundations be minimized or controlled with automatic shut off valves. General Notes The recommendations included above are based upon the results of the subsurface investigation and on our local experience. These conclusions and recommendations are valid only for the proposed construction. It is important to note that the use of structural fill below slabs and foundations will reduce, but not eliminate, the potential for structural movement as a result of collapse of the native soils. The structural fill will distribute pressures from the foundations such that the pressure on the underlying native soils is reduced. In addition, the structural fill will help reduce differential movement of foundations and exterior slabs. While, the foundation recommendations above are consistent with generally accepted engineering practices in areas of collapsible soils, HI3ET cannot predict long-term changes in subsurface moisture conditions and/or the precise magnitude or extent of collapse. Although the potential for movement still exists, HBET believes that with proper application of the recommendations in this report, any structural movements will be within acceptable levels. As discussed previously, the subsurface conditions at the site were observed to be fairly consistent. However, the precise nature and extent of any subsurface variability may not become evident until construction. Therefore, it is recommended that a representative of HBET observe the foundation excavation prior to structural fill placement to verify that the subsurface conditions are consistent with those described herein. In addition, it is recommended that a representative of HBET test compaction of structural fill materials. 2\2006 Projects 1200's-Enginecnng12i22.06 Genre Strong -304 Road \2122-06 LR072506.doc 3 • 304 Road #2122-06 07/25/06 /fig ddi Ca Oa- B arr re,wagewp a 1,i C We are pleased to be of service to your project. Please contact us if you have any questions or comments regarding the contents of this report. Respectfully Submitted: Huddlestau-Berry Engineering and Testing, LLC Michael A. Berry, P.E. Vice President of Engineering \2006 Projects \200's-Eiginecring12 122-06 George Strung -304 Road C12246 1.1107251164oc 4 FIGURES NOTE: DRAWING NOT TO SCALE Project No.: 2122-06 Date: 07/25/06 By: MAB GEORGE STRONG 304 ROAD FIGURE 2 - SITE PLAN Huddleston -Berry Enainazin=s. zeatin=. t.t.0 640 White Avenue, Unit B Grand Junction, CO 8150 =� i APPENDIX A Typed Test Pit Logs NuddIcstnn-Berry Fngincering & Tecting [.1.0 640 White Avenue, 1Jnit B Grand Junction, CO 81501 970-255-8005 970-255-6818 CLIENT George Strang PROJECT NUMBER 2122-06 GATE STARTED 7113106 COMPLETED 7/13/06 EXCAVATION CONTRACTOR Client EXCAVATION METHOD Backhoe LOGGED BY MAB CHECKED BY MAB NOTES TEST PIT NUMBER TP -1 PAGE 1 OF 1 PROJECT NAME Strong Lumber 304 Road PROJECT LOCATION Parachute, CO MATERIAL DESCRIPTION Silty CLAY with Sand and Organics (TOPSOIL), brown, dry GROUND ELEVATION TEST PIT SIZE GROUND WATER LEVELS: AT TIME OF EXCAVATION dry AT END OF EXCAVATION dry AFTER EXCAVATION — n©> 0 z Z 20 U ATTERBERG LIMITS Qy_ 0- Q J J z ul r- 0 "e fl7 u.i z u. Silty CLAY with Sand (d), thin sand interbeds, brown, dry to moist. medium stiff to stiff A u�I Bottom of test pit at 7.5 feet Huddlestan•f3erry Engineering & Testing, LLC 640 White Avenue., , Unit 8 Grand Junction, CO 81501 970-255-8005 970-255-6818 CLIENT George Strong PROJECT NUMBER 2122-06 DATE STARTED 7/13!06 _ COMPLETED 7113106 EXCAVATION CONTRACTOR Client EXCAVATION METHOD Backhoe LOGGED BY MAB CHECKED 8Y MAB NOTES TEST PIT NUMBER TP -2 PAGE 1 OF 1 PROJECT NAME Strong Lumber 304 Road PROJECT LOCATION Parachute, CO GROUND ELEVATION TEST PIT SIZE GROUND WATER LEVELS: AT TIME OF EXCAVATION dry U iO J 0 z MATERIAL DESCRIPTION Silty CLAY with Sand and Organics {TOPSOIL), brown. dry Slaty CLAY with Sand (CL), thin sand interbeds, brown. dry to Moist, medium stiff to stiff G81: Lab Classified Bottom of test pit at 8.0 feet, AT END OF EXCAVATION dry AFTER EXCAVATION — to ui Rz MC 1 w m z Z 8 DRY UNIT WT. ATTERBERG LIMITS U hr H0 r1 w Huddleston -Bevy Engineering & Testing, LI X: 640 White Avenue, Unit B Grand Junction, CO 81501 970-255»8005 970-255-6818 CLIENT George Strong PROJECT NUMBER 2122-06 DATE STARTED 7/13/06 COMPLETED 7/13/06 EXCAVATION CONTRACTOR Client EXCAVATION METHOD Bacithoe LOGGED 8Y MAB CHECKED BY MAB NOTES U J MATERIAL DESCRIPTION Silty CLAY with Sand and Organics (TOPSOIL}, brown, dry Silty CLAY wlth Sart tot), thin sand lnterbeds, brown, dry to moist medium stili TEST PIT NUMBER TP -3 PAGE 1 OF 1 PROJECT NAME Strong Lumber 304 Road PROJECT LOCATION Parachute, CO GROUND ELEVATION TEST PIT SIZE GROUND WATER LEVELS: AT TIME OF EXCAVATION dry Bottom of lest pit at 6.0 feet. AT END OF EXCAVATION dry AFTER EXCAVATION -- Ore rr+J ATTERBERG LIMITS d � a- 1 to I" I" o. 66 f= [1 Haddlecton-Berry Engineering & Testing, LLC 640 White Avenue, Unit Grand /unction, CO 81501 970-255-8005 970-25S-6818 CLIENT Ge a Stroh PROJECT NUMBER 2122-06 DATE STARTED 7113108 CC1M,Pf-EYED 1±1_,W§____ � EXCAVATION CONTRACTOR Client EXCAVATION METHOD Sa h LOGGED BY MA9 CHECKED BY MAB NOTES � TEST PIT NU BER TP -4 PAGE 1 CF 1 PROJECT NAME Stron Lumber 304 Road PROJECT LOCATION Par'aehuta CO GROUND ELEVATION TEST PIT SIZE GROUND WATER LEVELS: AT TIME OF EXCAVATION AT END OF EXCAVATION AFTER EXCAVATION Sffty CLAY with Sand (CL), thin sand Interbeds, brown, dry to molst, medium stiff to stlff • APPENDIX B Laboratory Testing Results n` UMBER 304 R Z O n N 11uddlesIon-Berry Engineering 640 White Avenue, Unit B Grand Junction, CO 8 i 501 970-255-8005 970-255-6818 CLIENT George Strong Testing, i.LC PROJECT NUMBER 2122-06 ATTERBERG LIMITS' RESULTS PROJECT NAME Strong Lumber 304 Road PROJECT LOCATION Parachute, CO 20 Specimen Identification 40 LL 27 TP -2, GBI 711312005 TP -4, GBI 711312006 PL PI Fines 15 12 71 27 5 12 75 60 LIQUID LIMIT 80 100 Classification LEAN CLAY with SAND(CL) LEAN CLAY with SAND(CL) S Sj+cc nricn IuenuuTICa11on as i PERCENT FINER BY WEIGHT 1-luddleston-Berry Engineering & Testing, EEC p 640 White Avenue, Unit B Grand !unction, CO 81501 97O-255-8005 97255-6818 CLIENT Georoe Strong PROJECT NUMBER 2122.0 U.S. SIEVE OPENING IN INCHES 6 4 3 2 1.5 1 -314 1121$ GRAIN SIZE DISTRIBUTION PROJECT NAME Strong Lumber 304 Road PROJECT LOCATION Parachute. CO usSIEVE .ueeFns I 4 6 810 14 20 30 40 50 60 tz0140200100111 „ 1 1 iiimmairmin EL90 95 1 85 11111111 1.191111111191111 11116 nip 75 80 mom 111111=-1111111 11111111111111 inif ii in Enniiiiiiiiigfii 1 III i 111 r r Emu ime_sigim 60 6701"11-111111111 11111111116 119111111111 55 so 1111111111111111111111111111111111111111111im 1 le 101111111111 11111111411111111111111111111111111111111 I IFNI 11111 UNI1111111111111111111111111111111111iii 11E11111111 as imulumminummommonnown a .o as Ill IN I 11 II 111111 111111111111111111binn MEIN as 20 15 IIIIIIIIIIIIIIIIIIIII 11111111101111 NMI II I 1 11111111111111111111111111111111111 11111 11 11111111111111111 II i 100 10 HYDROMETER COBBLES GRAVEL coarse 1 fine 1 0.1 0.01 0.001 GRAIN SIZE IN MILLIMETERS coarse SAND medium I fine Classification • TP--?, GB1 7/06 LEAN CLAY with SAND(CL) tc TP -4, GB1 7/06 SILT CR CLAY LEAN CLAY with SAND(CL) J LL PL FSI j Cc 27 12 27 12 0100 X60 TP -2, GB1 7/06 1.18 TP -4, GB1 7/06 11,18 Ifuddleston-Kerry Engineering St, Testing, LLC 640 white Avenue, Unit B Grand Junction, CO 81501 970-235-8005 970.2S5-6818 CLIENT George Strong PROJECT NUMBER 2122-06 8 100 CONSOLIDATION TEST PROJECT NAME Strang Lumber 304 Road PROJECT LOCATION Parachute, CO Specimen Identification 1,000 STRESS, psf Classification 10,000 MC% 0 is h 5 A 2 z Huddleston -Berry Engineering & Testing, LLC 640 White Avenue, Unit B Grand Junction, CO 8 150 1 970-255-8005 970.255-6818 CLIENT George Strong PROJECT NUMBER 2122-06 CONSOLIDATION TEST PROJECT NAME Strong Lumber 304 Road PROJECT LOCATION Parachute. CO Specimen Identification TP -2 2.5 STRESS, psf Classification MC% 92 7 0 Q h Huddleston -Berry Engineering & Testing, ILC 640 White Avenue, Unit 8 Grand function, CO 81501 970-255-8005 970-255-6818 CONSOLIDATION TEST CLIENT George Strong PROJECT NAME Strong Lumber 304 Road PROJECT NUMBER 2122-06 PROJECT LOCATION Parachute CO 3 4 5 6 7 8L 100 Specimen Identification TP -3 2.0 1,000 - t0,QoP STRESS, psi Classification 87 MC% 8 10,000 j Huddleston -Berry Engincersng & Tcstin , LLC 1 640 White Avenue, Unit B i Grand Junction, CO 81501 970.255-8005 970-255-6818 CLIENT George Strong PROJECT NUMBER 2122-06 CONSOLIDATION TEST PROJECT NAME Strong Lumber 304 Road PROJECT LOCATION Parachute, CO 0 1 2 4 5 6 7 8 9 100 1,000 lSpecimen Identification • TP -4 2.0 STRESS, psf Classification d MC% 95 7 • • ZAO Engineers, Ltd. 2764 Compass Drive, #230 Grand Junction, CO 81506 (970) 241-5623 (970) 241-5826 fax May 1, 2008 Garfield County Building & Planning 108 8t Street, Suite #401 Glenwood Springs, CO 81601 Attn: Mr. Andy Schwaller Re: ISDS inspection at 0070 County Road 300, Parachute, CO Mr. Schwaller This office performed an as -built inspection of the ISDS for the above mentioned project. The inspected installation work was per our design. An as -built sketch and photo record is included as a part of this document, as well as the replacement soil perc test result and soil source tickets. Please call us if you have questions. Re pec t Ily, ancillitta Keith. Mendenhall PE ZAO Engineers, Ltd. OWNER: GEORGE STRONG 11I61O HWY 13 RIFLE, GO 84650 AS -BUILT CONDITIONS APRIL 30, 2008 0 PHOTO REFERENCE CLEANOUT TO GRADE NOTES: GOTS SYSTEM CONTRACTOR SHALL COMPLY WITH THIS ISDS LAYOUT AND ALL REQUIREMENTS OF THE GARF I ELD COUNTY HEALTH DEPARTMENT FOR ISDS's. PLAGE INFILTRATORS PER MANUFACTURER'S INSTALLATION INSTRUCTIONS. ADDITIONAL CLEAN OUTS PER BUILDINS DEPT, CODE. ALL SANITARY PIPING PER LOCAL GODES. WAREHOUSE 23'-0" BED AREA - BEDDING IS CRUSHED FINES 31 FROM UNA PIT SOUTH OF SITE, n -3 I 0- ;c1 - I 2'-3 SEPTIC TANK GOPELAND 1250 GAL. CAPACITY L DISTRIBUTION BOX JI INFILTRATOR UNITS 36 - QU I GK4 CHAMBERS 4 ROHS - q UNITS PER ROH 4"4:1) 225* ELBOW, TYPICAL SDS SYSTEM NTS PHOTO RECORD • #I #7 #9 #10 Huddleston -Berry Engineering 4k Triting, LLC George Strong PO Box 808 Silt, Colorado 81652 Subject: Percolation Testing 304 Road Site Parachute, Colorado 640 'White Avenue, Unit $ Grand Junction, CO 81501 Phone: 00-255-8005 Fax: 970-255-6818 HuddlestonBerxycg bresnan.net April 30, 2008 Project#00345-0071 Dear Mr. Strong, At your request, Hudrileston-Bevy Engineering & Testing, LLC (HBET) conducted percolation testing at your property along 304 Road in Parachute, Colorado. HBET understands that an Individual Sewage Disposal System (ISDS) is proposed for the new structure on the property. Percolation testing was conducted in the native day soils in the vicinity of the proposed absorption bed. Percolation rates in the native clay soils were determined to range from 56 to 320 minutes -per -inch. Generally, percolation rates of between 5 and 60 minutes -per -inch are acceptable. Therefore, the native clay soils are not suitable for on-site sewage disposal. As a result of the slow percolation rates in the native clay soils, it was determined that suitable replacement soils should be used below the proposed absorption bed. The proposed replacement soils consisted of crusher fines obtained from the nearby gravel pit. In order to evaluate the crusher fines, HBET conducted percolation testing in a prepared bed of these materials. The percolation testing indicated a percolation -rate of I5--minutes-per-inch- -#h heF- - Therefore, the proposed replacement soils are generally suitable for use below the absorption bed. However, the tested soils were in a very loose condition and the computed percolation rate may be higher than the actual percolation rate in the completed system. As a result, HBET recommends that a higher percolation rate be used for the ISDS design. The percolation test data is attached. We are pleased to be of service to your project. Please contact us if you have any questions or comments regarding the contents of this letter. Respectfully Submitted: Huddieston-Berry Engineering and T Michael A. Berry, P.E. Vice President of Engineering NV 'nal ALL i otErrS'd:-S sg, Gago003450001 Sanet later200-G Q1345-0001 1..8413000 dee 1 PERCOLATION TESTING Project Name: Strong Lumber 304 Road Location: Parachute, CO Testing Conducted By: Pit Dimensions: Length Water Level Depth: 501L PROFILE A. Sigler lirProject No. 00345-0001 est Pit No. Crusher Fines Date: 4/22/2008 Supervising Engineer M. Berry Width Not Encountered X ; Depth 0 ft Remarks 0-3 Silty SAND (sm), tan, dry, very loose At the end, the perc hole was oval-shaped and measured 0 25" by 19" wide and 9.5" deep. - r 5 4.75 1 10 5.3125 0.5625 Test Number. 1 Top of Role Depth: Oft Diameter of Hole: 16 in Depth of Hale: 21 in ' Time (min.) - Water Depth (in.) Change (in.) 0 3.75 5 4.75 1 10 5.3125 0.5625 a 15 _51125 $125..---_15-20 _15_ 2 6.25 0.4375 25 6.875 0.625 .� EO•7x5 r .?w.562Su Uw7l25'k; :oaf mop, nreigi,;: .Tr &.'37 =....41:37.54:.: 9 ,... --, ft,,...-,,,,,,„...,,,, 121551;1'. ::-.8.8751.,..,-,.., 0.125, Rate (minrn):I 15 Average Percaiation Rate (min in): Test Number: Top of Hole Depth: Diameter of Hole: Depth of Hole: Time (min.) Water Depth (in.) Change (in.) Rate (min/in): Test Number Top of Hole Depth: Diameter of Hole: Depth of Hole: Time (min.) Water Depth (in.) Change (in.) Rate (minlin): +fbI:60 1300e OE 4idV. Grand ]unction Pipe .& -Supply Coiup'Y 2868 1.-74 Buairiess Loup P.O. Box 1549 Grand Junction, Colonist° 81502 9701 243"4604 At Equai Oppo tiirtity Er'' O]!vcr GRAVEL CRUSHING OPERATi NiVOICE 1 *holm ,n Jho AoCc+'T+n arc Su: and p?y!k'k oda tbs dax of i'ir 51[C AiRVwu w r"� able 30 days ,Fun dna of du :nvatce. ltd C:usi+ n p.,, of.eva. on p,1A Ux or de I mm y C3ntrr e a ovied arc dwa and PsY to dew belnw sad If, nitro is nu bola ohm= due. { o dZER/i-' ANNUM) "p d on tamp P Tarr. R a r tm Upon ine .1 to rhomb= ►Wi dily ki.s r disco=fiagOn:nlwna ire ;d...ne oat it w e.7Cow1e do paid t [uLCte st l C RAM e ; t I� racks; ¢.s-oany !ei •fi rl Up pn be IDent shall h rar* All PaLnc u4IArtcrad aro sub;s� to _- 2ttiti1aed aka: At tat rer�Lett re i.&t. k{aa n.�p.00alr�AoosbleureaipviGs4b'Yi.i7-$1-:Q90frhe Coto raduRevAa1SW...kmKeelt rart+i chosY et,u4s of S?t3.1� i�'Or oilier dwnfZss D m the Ruane' Cly Caen, On move. • VAN) STRONGLUMBER .Sc SPE+CiA3etY 11,09 PRODUCTSTO: Sold 4.o'. BOX 808 SILT, CO 81652 it/ t DATE CUE DA' E g„�r Sr,:ati i.0.1t1,601a. IMO w Li. S,Er 66 433 3 �M.VE li r MKI:r+ h a wlIRCtin.&C CR 7FR 1 Ctl°iE n4 Sk;F rrt'E U85CF.. r,Or+ 90105 914@56_ 86,?6: 2 2 1/2"' BASE- ,A FIT 91466 61..643 2 -1/2," ROCK L?tiA I 1,11 Y VI' Edi 3.60 1715” I NCI ii!1.'il'NT b O ] UN'' %s I p iCE 1 . PP 1 45.60 !. 802.53 026.86 Yj. 15.000 9.2501 . 9;500 Net. 30 Dolts BY L 1 , 676..21 CC 1.c.0% 16./t 2 • Jt 48. E: tuMALA 040-1 E00/E00 d 460-i _uol j @9i=6O E002-AE-Yf. .Sold To: Grand function Pipe & Supply Company 2868 1-70 Business Loop P.O. Box 1849 Proud Junction, Colorado 81.502 Ari Fqua! Opprartunity Employer GRAVEL CRUSHING OPER.wi1 rNvolcE VEI:60 e00Z'0E l�cw 970 1243`4604 Tam Alt Cherge Aocouass are duc sad FA Obis is dart aft.t lour of thr CUL Ammo %one lin aro p:Nybie cm the dem cr =rouc. I)w.au.a. as cifow+i in ch. 1:Aoa+ca[ eo:ant :cn tilaws4 nr.;y tl kxotri are paid:n ftrg. by ttc d . ycin..• d f mare a tw ys•:eus pec: dr. No JI.0 it rs rvt flow uc sales u e ac Arl:v.ry cta yam.: Fir nc Ct:,u ac: AIL Past 'Duo AMar11ts ars alba / INTI.RESTM the NATE ot 11/2 PERCENT PER MONTH {UM PC1i A.N;ytrMM apglieeko [Ix pnacipsI mrno tly plot as)/ coio of oolk..tion- inu tding vsasorsabk sCosacyrfca; Rc:nraed Checks: AL° cttecks rwurncd co the c.amfrarry far oan-pwytr+.ot upon ptcrsrmmsnt be'esbf.ct :a t1%r check .~asrpe cr 530.0(1 amVnr other brotgattprovined 'try 1 1 3.11.1.09 nl thi Cok .do Rovir.rd Stgtry ..nd such ..aimed rh,.di chats hn tc.trd as a;w►h auowrt.+.b Y to tic Pima= ChorE . dcscdbrch abovrF - STRONG LUMBER &-SPECIALTY LOG PRODUCTS P.O. BOX 808 SitT, CO 81.652 I rroo.[L r17. rN'+1.7r'CC PATE 3244763 3.90 4/28/21708 3/26/20:176 Ship To: YARD t a 4 r'td:.N iI.LIAM9 , 0 '14:15 CPL' 42.43 13.000 D4+17 NC; nSeGUHF • yet 30 Days rur.rADA • Ifnn .rw. 'eECaIvEa Bk .L12RJA c ©PV .t S U 0 l MAL TAA cop inirt 1.1,7. 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J Vet 44e .r :Mr :r-..,rts Ail 1 .,.h i;_..unr..crr Jar Jrld 1lJ..",r ••+, c!I _LW .'r am,,„, ,h.,.,ur:n , , ,14,,, n Nrr Jt.. ,urr IJnrn Jre lI a .,nlv +f r...wm, Are pal „r fool. h, rhr J.rrc Neb.. 1 rr. r n i tics All Fr; t Mc A.:4UJni arc srblecr to INTLf1LS 1 al dx RAT E. rt 1 if _ E ' JP a p.r.r der pr are sdrrr pJ .dn ..1,:r, �a any >..`sLt t`rCRCC\i PERP. ,•r .Irl;. cry :Irrryr• r cctx ti r.,ud;ne renertabls dridrtrea'c !Cid Tel r I. P: r �4VLlIr J. rl st 10 UPC rm. rt,c utric r Krin. Rorer tteJ t'!u.As 41Y:ha.ns .e:nrr.rao r,r rlu ,+ntpar} tor n.�r: ra Oen• �iMn l.,ev.:zrrienr 14 o,11 reran: 3x.1 srfs t >2/00 anJ or outer Jmualrrr cr.,. rdrJ ,' ; t. r 4 r . LI ;Pk fFror:�e {'I;atFe dm,: .bed sbsse the ('.•., r;vda Rcv,se,1 a+nal. utd .rr,.lt len :r.cd ::1(.1.. s,!r„ i•e cla:ed as a.asir atE 4,ui sr:br STRONG LUMBER & SPECIALTY LOC PRODt C"TS P.O. BOX 808 SI.,L. CO 81652 Ship To: 15:11 1.0 INVOICE CHARGE APR )0, 2L1i10 C1.1. , A % 20.471 2 9' E 59.3E 2,128 (J { i [JAI . UIJIJ a r L�1 r �t1f3�3 I e; 3 97 6253' 28 41, Dear sirs, • • Western Water Treatment, Inc. r,-n3G C7 c PAGE 01 I have reviewed the GJ Labs water analysis and we are proposing the following. An ion exchange water conditioner to remove the iron arid hardness from the water. This would be located in the pump house with a dry sump near it to handle the regeneration waste water. The lab test did not show the high iron that is in the water. I have tested for iron bacteria and the test did not - show any to be present. The remainder of the lab test shows that the water does not exceed the max. contaminant level for any of the state required maximums. We do exceed the suggested iinits for TAS and sodium, rf the tenants want a better drinking water they can use a reverse osmosis unit in the individual units. We chose the central softening system because we see it as most economical compared to seperate systems in each building. These do not tend to be high water flow applications and we can meet the full flow rata of the well permit with a single 11" light commercial softener. If there are any further ;uestions I can be contacted at 379-0237. Thank you, JUL, 01, 2008 10s A f 'retry Veldboom 97062591.'2 rage 2 • L] ! 1 U11 Li,J LPL" 1 t!. L • -' • Lav t.J _•1 J[. .> 1 I ...11 INA LL.A+I1 i'.. 1 -Heat 114 3014N C. KEniA87' ik CO GRANO JUWCT)BW LABUfAT RI S NORTH 4VW*Jr 4 PwOMrs (Wan $42-7#7a • taw (47O} I43-7326 4 ORAno JuMCrteN, ceLe..iwo Silof ".seared hoes: Cuilower No. -- ANALYTICAL REPORT — strong Subdivision PO Box 808 Silt, CO 81652 970-625-0777. PAX 970-625-9152 641'1 water LabonFpry No. Srnpte 4 6/4/08 Ewa R.cviv.d _ Lab number Sample ID Sodinm(Na1 Ca1ciu*(Cal Magnesium4 Mg ) Potass1umiK1 Chloride1C1 1 Sulfate(SO4) Phenol. AlkalitlitY(CaCO3) Total Alkalinity(CaCO3) Dissolved solids Hardness (CaCO3) PH Cooductivity!25 des. C Total Colifors bacteria Clary ltopo Md 6417 Strong Sub, Una 6/4/08 PM 110 mg/ 1 100 ■g/1 27 mg/1 3.9 mg/1 148 •g/l 133 erg/1 0 mg/1 257 sig/ 1 676 mg/1 360 mg/1 7,75 1140 umhos/crs 0 co1/10O01 6/18/013 Limits for Public Drinking Supplies Colo. Dept. of Health 20 mg/l no official limit 125 rig/1 no official limit 250 mg/I 250 mg/1 no official limit no official Iimit 500 •g/1 200 mg/1 6.5--8.5 acceptable no official limit must be leas than 1 Sodium. Dissolved Solids- and Hardness were t:bove suggested limits. Those restricting dietary Sodium Icy wish to take into account the number of milligrams of Sodium per liter consumed. Dissolved Solids indicate the overall atilt 4;ofteflt la higher than recommended for drinking and household use. Hard water can cause mineral deposits and 11 -seen the effectiveness of soap. Not all factors which sight be harmful were tested, but the analysis performed covers many common problems. mg/1 = milligrams per liter Lab Dir.: Brian S. Bauer JUL 01,2008 10:31A 9706259152 page 4 06/19/2008 e7: 08 0b251 52 STROKi PAGE 02 FROM Jai PUMP CO1PI*4 FP NO. : 970 94S 6159 .111C Ywtap Jac. 8611 eltant4j..9?-ea4117 gisesstipaa *sup CZ 81601 91kosi 97C-9415-6/50 eat 97C-94 si 4159 504. 97C .94,5-61 S9 • ' .7.. "10, — . DATE: June 18, 2008 TO: George Strong Box 809 Silt, Co 81652 RE; Well pump system Jun. le 2003 0431PM P1 • r .•, ' • 1.00 P4- • Una Development Water System Attn: George, Below is an outline attic pump system and components at Una Bridge Property • sql ra 6 64.4( Ter k 9'4 void: -2n2Pri6 'Sox 4S.P.i2atra& J.,5F.47 ere • efe JUN 19,2008 07:11A 9706259152 page 2 11111101MMANWINVINNOVatiVolif0411ti11i Receptiontt: 742552 02 107(2008 eS 59 Jean ALbr C 0(20FFe 11 00 One Fee 0.00 GA RF:ELD COUNTY CO SPECIAL WARRANTY DEED George P. Strong, Grantor, for good and valuable consideration, in hand paid, hereby setts and conveys to George P. Strong and Leslie J. Strong, Grantees, as tenants in common, whose mailing address is P. Q. Box 808, Silt, Colorado 81652, the following real property in the County of Garfield and State of Colorado, to wit: A parcel of land in the SW1/4SW1/4 of Section 27, Township 7 South, Range 96 West of the 6th P.M., more particularly described as follows: Beginning at the corner for Sections 27, 28, 33 and 34; thence along the West line of the SW1/4SW1/4 of said Section 27, North 01"57'23" West 157.98 feet to the right of way for the Denver and Rio Grande Western Railroad; thence along said right of way, North 5529'40" East 1544.32 feet to the East line of the SW1/4SW1/4 of said Section 27; thence along said East line, South 01°43'44" East 1021.22 feet to the West 1/16 corner between said Section 27 and Section 34; thence along the South line of the SW1/4SW1/4 of said Section 27, South 89`27'37" West 1297.94 feet to the point of beginning; also known as TBD, Parachute, Colorado 81635; with all its appurtenances, and warrants the title to the same against all persons claiming under the Grantor. NO DOCUMENTARY FEE REQUIRED: Transfer for estate planning purposes with consideration less than $500.00. SIGNED this .2/ day of .J\OU~ d___, 2008. 1 STATE OF COLORADO ) }ss. Geo r: e • trong 1).r, Ktre,. P i A,: tit:-til_.11:rn..:hdtiprnty;.('(iblG1,I • IIIIKI' ,MIINVI MOr,1I011111111 RecwptionR: 742552 02707!2009 02 36 58 Pry Jean Alberico 2 o' 2 Rec. Fee $1' 00 0oc Fee C CO GARFIELD COUNTY CO COUNTY OF GARFIELD } ((]] The foregoing instrument was acknowledged before me this 2(14`__ day of 2008, by George P. Strong. WITNESS my hand and official eal. My commission expires: 7j� Notary Public - • ' ' ammo 4 4 .f' • 9LS C6 • IN Ike', PiniTHIMettlinilirAMAYAki 11111 Racrptiona: 748034 :8/15/7338 32 13 19 Piz „ear Ai Ser cl* f of 1 Ree Fu $0 3C Cx Fee 3 00 GARFIELD COUNTY CO SPECIAL USE PERMIT for George Strong A Tract of Land situated in SW SW %, T7S, R96W, 6th P.M. Parcel Number: 240927300002 In accordance with and pursuant to the provisions of the Garfield County Zoning Resolution of 1978, as amended, and Resolution No. 2007 - 111 of the Board of County Commissioners of Garfield County, State of Colorado, hereby authorizes, by Special Use Permit, the following activity: A Contractors Yard The Special Use Permit is issued subject to the conditions set forth in the above-mentioned resolution, and shall be valid only during compliance with such conditions and other applicable provisions of the Garfield County Zoning Resolution, Subdivision Regulations, Building Code, and other regulations of the Board of County Commissioners of ;Garfield County, Colorado. ATTEST: CA of the Board GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COUNTY, COLORADO 1111 >,4eGw1 1t1#a4o mil 11111 iiecep t i o n** : 737571 +1120+2007 12:56 22 PM Jean Alberto0 1 o! 4 Rec Fee $0 00 Due Fee 0 CO CORF:CL3 COUNTY Co STATE OF COLORADO ) )ss County of Garfield At a regular meeting of the Board of County Commissioners for Garfield County, Colorado. held in the Commissioners' Meeting Room, Garfield County Courthouse, in Glenwood Springs on, Monday. the15t day of October A.D. 2007, there were present: John Martin , Commissioner Chairman Larry McCown , Commissioner Tresi Haunt , Commissioner Don DeFord , County Attorney Jean Alberico , Clerk of the Board Ed Green (Absent). , County Manager when the following proceedings, among others were had and done, to -wit: RESOLUTION NO, 2007-117 A RESOLUTION CONCERNED WITH THE APPROVAL OF A SPECIAL USE PERMIT TO ALLOW A CONTRACTORS YARD WITHIN THE AGRICULTURAL REESIDENTAL RURAL DENSITY ZONE DISTRICT ON A PROPERTY OWNED BY GEORGE STRONG PARCEL NO# 240927300002 WHEREAS, the Board of County Commissioners of Garfield County, Colorado ("Board"), has received an application from George Strong for a Special Use Permit ("SUP") to allow a Contractors Yard on the subject property within the Agricultural Residential Rural Density Zone District; and WHEREAS, the Board held a public hearing on the 15`h day of October, 2007 upon the question of whether the above described SUP should be granted or denied, at which hearing the public and interested persons were given the opportunity to express their opinions concerning the approval of said special use permit; and 1 111110.1141V,KINfiVitirrifftglielt1.14Mti 11111 Rocept1ontt: 737671 11/20;2007 12 SE 22 PM Jean 141bArico 2 ,' 4 Roc Fei.SO 26 Doc Fes 0 00 GaRFtELO COUNTY Co WHEREAS, the Board on the basis of substantial competent evidence produced at the aforementioned hearing, has made the following determination of fact as listed below: 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 Comrnissioners was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that meeting; 3. For the above stated and other reasons, the proposed special use permit has been determined to be in the best interest of the health, safety, and welfare of the citizens of Garfield County; 4. A Level 11 Traffic Analysis prepared by Drexel, Barrell & Co. demonstrates that traffic generated by the proposed use will not exceed the identified 20% threshold at the intersection of County Road 300 and State Highway 6 & 24; NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that a Special Use Permit to allow deviation from the identified maximum height requirement within the Drinking Water Constraint Zone on a property owned by Union Pacific Railroad Company is hereby approved subject to compliance with all of the following specific conditions: 1. That all representation made by the Applicant in the application and as testimony in the public hearing before the Board of County Commissioners shall he conditions of approval, unless specifically altered by the Board of County Commissioners; 2. Volume and Sound generated shall comply with the standards set forth in the Colorado Revised State Statute; 3. The Applicant shall comply with all performance standards identified in §5.03.08 of the Garfield County Zoning Resolution of 1978, as amended; 4, A stop sign shall be installed at the entrance to County Road 300 prior to the issuance of the Special Use Permit, the stop sign and installation shall be as required in the Manual on Uniform Traffic Control Devices; 5. The Applicant shall treat the identified Salt Cedars on the subject property. Documentation of treatment shall he provided to the Garfield County Vegetation Management Department in a form acceptable to the Department; 6. A11 areas disturbed during construction shall be re -seeded. The seed mix shall be approved by Garfield County Vegetation Management; 7. The applicant shall provide 2,500 gallons of water storage nn -site as requested by Grand Valley Fire Protection District and proof of a legal supply of water to accommodate this requirement prior to the issuance of the Special Use Permit; 8. Materials and wastes shall be deposited upon a property in such form or manner that they may be transferred off the property by any reasonably foreseeable natural causes or forte; 9. A professional engineer shall design the ISDS for this use. A written statement sealed by 2 STRONG PLANNED UNIT DEVELOPMENT ZONING AND DEVELOPMENT CONTROL GUIDE A] Purpose To regulate land uses and impacts and to assure orderly use and maintenance of the development. B] Zone districts within the PUD 1] Resource Support (RS) Zone District 2] Utility and Easement (UE) Zone District C] Definitions Communication Facility - A nonresidential structure supporting antennae and microwave dishes that disseminate radio frequency signals, including television and data impulses through space by means of radio and electromagnetic waves. Communication facilities include structures, towers and accessory buildings. Contractor Yard - The use of land within the PUD for the purpose of storing machinery, equipment and supplies for businesses that provide services to clients through the use of machinery, equipment and supplies. Such use may include office and repair facilities. Repair facilities and operations may be conducted within or outside of structures. Fabrication - The act of creating materials or products. Examples include, but are not limited to cabinet-making, woodworking, metal working, glazing, machining and welding, mixing of drilling fluids and similar materials. General Storage - The keeping of goods, materials, equipment, supplies, tools, machinery, automobiles and similar items. General storage is allowed within storage buildings or warehouses constructed within the PUD and also as open storage, in an orderly manner, within the boundaries of individual PUD lots. Long term storage of inoperable machines or vehicles shall not be allowed. Heavy Equipment - Generally inclusive of large vehicles such as graders, earthmovers, cranes, oil and gas field equipment and similar vehicles and equipment, or any vehicle having a gross weight of 6000 pounds or greater. Material Handling - The loading or unloading of goods, materials, and products, in bulk. Strong Subdivision Planned Unit Development Guide Page 1 of 7 Processing - Change in the physical state or chemical composition of matter. Examples include, but are not limited to, sawmill, creation of glass, ceramic or plastic materials, concrete and asphalt batch plants. Solar Power Generatin S stem aka Solar Arra - A device or system that converts the sun's radiant energy into thermal, chemical or electric energy. Such facilities are intended to create electricity to be delivered to a variety of consumers beyond the facility. Storage of Oil and Gas Drilling Equipment and Supplies- The short-term or long-term storage of materials and supplies that are typically used in prospecting, drilling and servicing of oil and gas wells. Warehouse and Distribution Center - A structure or structures used principally for the inside storage and distribution of goods and materials, which includes land and buildings used as a relay station for the transfer of goods from one vehicle or party to another, and the parking and storage of tractor and/or other trailer units. D] Uses By Right - Resource Support District 1] Business offices associated with any categorized use. A] Business offices shall not exceed 1500 square feet B] Lot 1 shall be allowed two business offices, each up to 1500 square feet in size, each allowed up to three (3) full-time employees. C] Business offices on lots 2 through 5 shall be allowed one office on each lot and up to four (4) full-time employees per office. D] Business offices may be freestanding or incorporated into another structure. 2] Contractor Yard 3] Fabrication 4] General Storage 5] Storage of Heavy Equipment 6] Storage of Oil and Gas Drilling Equipment and Supplies 7] Communication Facility 8] Solar Power Generating System 9] Materials lab and testing 10] Material Handling E] Uses Allowed by Special Review - Resource Support District 1] Processing 2] Warehouse and Distribution Center 3] Concrete and asphalt batch plant(s) All uses allowed within the PUD by Special Use Review must receive approval by Garfield County prior to inception of the use. Strong Subdivision Planned Unit Development Guide Page 2 of 7 F] Uses Allowed by Right - Utility and Easement District 1] Installation and maintenance of utilities 2] Irrigation and drainage facilities and related structures 3] Access roads and driveways G] Lot Coverage and Setbacks Lot Coverage - Each individual parcel within the PUD is allowed to have structures, either singular or multiple, that may cover a maximum of 1 5% of the total lot area, Setbacks 1] Building Setback from County Road edge of right of way - 25 feet 2] Storage Setback from County Road edge of right of way - 15 feet 3] Setback from internal road system - 5 feet 4] Setback from reserved easements - 5 feet 5] Internal Lot Line Setbacks - zero (0) feet where lot lines are delineated by a fence or similar structure H] Maximum Height of Structures Within the PUD 1] Structure Height: 35 feet 2] Storage silos may be up to 40 feet in height. 1] Parking 1 ] Office Parking Requirements: One (1) space per 200 square feet of office floor area. 2] Parking for storage purposes: Shall be allowed on the entire impervious area of a lot. 3] Parking shall not be allowed on or within the PUD road rights-of-way or easements. 4] One parking space per each full-time employee shall be provided on each parcel. This requirement is to be demonstrated at time of building permit submittal. J] Fencing 1] Perimeter fencing is required on all parcels in the PUD. 2] No fencing shall be placed in any easement that will obstruct the function of the easement. 3] Maximum height of the fencing an any lot is restricted to ten (10) feet. If barbed wire will be utilized, it must be at least 6 feet off the ground. 4] Individual parcel owners or the lessee of the individual parcel shall be responsible for maintenance and upkeep of the fencing surrounding the parcel. 5] Any fencing that is shared by adjacent lots shall be maintained jointly by the adjacent parcel owners or lessees. Strong Subdivision Planned Unit Development Guide Page 3 of 7 K] Lighting 1] All lighting shall be downcast and shaded to limit glare or reflection on adjacent property. 2] Height of exterior lighting shall be limited to 20 feet. L] Signage 1] Each parcel shall be allowed no more than two (2) signs. One sign is allowed to be placed on a wall of a structure or building, the second sign may be placed anywhere within the boundary of the parcel. A] Wall Signs - may be up to 64 square feet in size. 13] Lot Signs - may be up to 32 square feet in size. Performance Standards This section shall regulate the operation of the allowed land uses within the PUD. The standards are intended to ensure compliance with the Industrial Performance Standards generally accepted by Garfield County. All operations shall be conducted in such a manner as to minimize heat. dust, smoke, vibration, glare and odor and all other undesirable environmental effects beyond the boundaries of the property. The Parcel Owner's Association shall be responsible for any enforcement action required under these regulations. Sound: Volume of sound generated shall comply with the standards set forth in the Colorado Revised Statutes; Vibration generated: Every use shall be so operated that the ground vibration inherently and recurrently generated is not perceptible, without the use of instruments, at any point of any boundary line of the property on which the use is located; Emission of smoke and particulate matter: Every use shall be operated so as to comply with all federal, state and county air quality laws, regulations and standards; Emission of heat, glare, radiation and fumes: Every use shall be operated so that it does not emit, heat, glare, radiation or fumes that substantially interfere with the existing use of adjoining property or that constitute a public nuisance or hazard. Flaring of gases, aircraft warning signals, reflective painting of storage tanks, or other such operations which may be required by law as safety or pollution control measures shall be exempted from these provisions. Strong Subdivision Planned Unit DevelopmentGuide Page 4 of 7 I All storage areas shall be operated within the following performance standards: 1] Storage of flammable or explosive solids or gases shall be in accordance with accepted standards and laws and shall comply with federal, state and local fire codes and written recommendations from the appropriate local fire protection district. 2] No materials or wastes shall be deposited on any lot within the PUD in such manner or form that they may be transferred off the property by any reasonable foreseen natural causes or forces. 3] Storage of heavy equipment will be allowed subject to the following standards: A] All equipment storage will be enclosed in an area with screening at least eight (8) feet in height and obscured from view at the same elevation or lower. B] Repair and maintenance activities requiring the use of equipment that will generate noise, odors or glare beyond the property boundaries may be conducted within a building or outdoors, so long as negative effects caused by these operations are not transmitted off the PUD site. Outdoor heavy equipment operation hours shall be between the hours of 6 am and 8 pm. C] All loading and unloading of vehicles shall be conducted on private property within the PUD and shall not be conducted on any development right-of-way. 4] Potential for water pollution: If any use is conducted in a manner whereby potential water pollution could occur, the use shall be required to install safeguards designed to comply with the regulations of all federal, state and county regulatory agencies. 5] All purchasers, leaseholders, occupants or users of the development are required to follow all regulations imposed herein. 6] All drainage ways, drainage structures, culverts, erosion control devices, detention ponds, etc., as approved and installed, must be kept in good useable condition. The parcel owner or the lessee shall be the entity responsible for maintenance and upkeep within the boundaries of the owned or leased parcel. 7] Control of fugitive dust on access roads and easements within the development is the responsibility of the Parcel Owners Association. Individual lot owners or lessees shall be responsible for the control of fugitive dust on individual parcels. 8] On lot fuel storage shall be limited to a single storage tank of up to one thousand (1000) gallons per developable lot. Adequate spill containment structures shall be designed and constructed for any parcel on which fuel is stored. The containment structure shall be capable of holding 110% of the maximum volume of the fuel storage tank and shall comply with all Federal, State and local regulations. Strong Subdivision Planned Unit Development Guide Page 5 of 7 9] Parcels within the development may be used in tandem without being considered to have merged in title. However, no resubdivision of the original five (5) parcels shall be allowed. 10] Fire extinguishers shall be required to be kept and maintained on each parcel. The fire extinguisher shall be placed in a conspicuous location with ease of access being mandatory. 11] All fabrication and repair operations shall be conducted within a building. 12] All storage of heavy equipment shall be within a building or enclosed within a fenced area and screened from view along the County Road. 13] All on-site refuse containers must have functioning lids and proper care shall be taken to ensure no trash is removed from the container by the forces of nature. 14] Prior to building permit submittal to Garfield County for any parcel within the PUD, a Phase One Environmental Site Assessment, within the scope of American Society for Testing and Materials Practice E 1527-05, as the same may be amended, shall be performed by the lot owner or lot lessee at the expense of the lot owner or lot lessee. Prior to abandonment of the site by the lot owner or lot lessee, a Phase One Environmental Study shall be completed and any remediation necessary, as identified by the Study, shall be completed by the lot owner or lessee at his expense. 151 A Public Water System will be permitted through Colorado Department of Public Health and Environment at such time the water system is expected to regularly serve an average of 25 individuals for an average of 60 days per year. General Allowances, Maintenance and Upkeep of the Land Within the Development 11 All uses of land and structures within the Development shall be in an orderly fashion. No use of the land shall be for the long-term storage (defined as storage in excess of 120 days) of inoperable machinery, equipment, automobiles or waste materials such as trash, tires, pallets, empty drums or any similar items. All vehicles stored within the PUD shall maintain current Colorado registrations and licenses. 2] No outside watering of landscaping shall be allowed within the PUD unless an individual lot owner or lessee obtains a sufficient amount of irrigation water and applies for the necessary permits. 3] Individual parcel owners or lessees shall be responsible for weed control on their respective parcel(s). Weeds shall not be allowed to thrive anywhere within the boundaries of the development. Strong Subdivision Planned Unit Development Guide Page 6 of 7 4] All storage of materials shall be conducted in strict compliance with state and federal regulations. All required documentation shall be kept on-site and open for inspection. 5] All buildings and structures shall be finished with earth -tone colors, except where required by safety considerations. 61 Leasehold interests in individual parcels shall be allowed. Parcell may have two (2) leasehold interests. Parcels 2 through 5, inclusive, are each allowed one (1) leasehold interest. 7] Individual parcels shall be allowed one (1) categorized use, as contained in Sections D and E herein, per leasehold or ownership interest. The uses may change, however, only one categorized use shall be allowed to be in operation at any given time. 8] Engineered individual sewage disposal systems are required for each lot. 9] One mobile office trailer is allowed on each parcel and may only be utilized in conformance with Section D(1) of these regulations. The mobile office trailer is temporary and must be removed upon issuance of the certificate of occupancy for the permanent office. 10] All hazardous and flammable materials are required to be handled in strict conformance with state and federal regulations. Strong Subdivision Page 7 of 7 Planned Unit Development Guide DECLARATION of PROTECTIVE COVENANTS FOR STRONG SUBDIVISION PLANNED UNIT DEVELOPMENT THIS DECLARATION is made this day of 2008 UNA Development, LLC., a Colorado limited liability company ("Initial Owner"), RECITALS A. initial Owner owns all of the real property interests legally described on Exhibit A attached hereto and by this reference incorporated herein (the "Property"), Initial Owner wishes to develop the Property as a high quality, aesthetically pleasing and harmoniously designed Planned Unit Development (the "Development"). The law which generally governs developments similar to the Development is the Colorado Common Interest Ownership Act (Article 33.3 of Title 38 of Colorado Revised Statutes) as the same may be amended from time to time (the "Act"). Under the Act, the Development would be considered a "common interest community" (as such term is defined in the Act) of the type known as a "planned community" (as such term is defined in the Act) because portions of the Property are designated for separate ownership by individuals or entities and the remainder of the Property is designated for ownership by the "Association" (as such term is defined in Section 1.03 hereof). B. Under the provisions of Section 38-33.3-110 of the Act, a planned community which only "units" (as such term is defined in the Act) are restricted to nonresidential use and which is not subject to any "development rights" (as such term is defined in the Act) is subject only to the provisions of Sections 38-33.3- 105,38-33.3-106 and 38-33.3-107 of the Act unless the "declaration" (as such term is defined in the Act) provides that the entire Act is applicable. In Section 4.01 hereof, the units are restricted to nonresidential use and in Section 1.06 hereof, Initial Owner declares that Initial Owner is not reserving development rights in this instrument. Initial Owner further declares that it is initial Owner's intention that the entire Act shall not apply to this instrument or the Development although specific provisions of the Act may be incorporated Into this instrument by express reference herein so as to apply to the Development ARTICLE I DECLARATIONS 1.01: General Purposes. Initial Owner desires to establish a means to ensure the proper use and appropriate development of the Development by means of mutually beneficial covenants, conditions and restrictions imposed on the Development for the benefit of Initial Owner and all future owners of any portion of the Development. 1.02: Declaration. To further the purposes expressed in Section 1.01 hereof, Initial Owner, for itself and its successors and assigns, hereby declares that the Property shall, at all times, be owned, held, used and occupied subject to the provisions of this instrument, to the covenants, conditions and restrictions herein and to all amendments and supplements hereto. 1.03: Name of the Development and Narne of the Association. Initial Owner declares that the name of the Development Strong Subdivision Planned Unit Development and that the name of the "unit owners association" (as such term is defined in the Act) organized to govern and administer the Development is Strong Subdivision Owners Association, a Colorado nonprofit corporation (the "Association") 1.04: Location and Type of Development. Initial Owner declares that all of the Development is situated in Garfield County, Colorado, and that the Development is a planned community for the reasons set forth in the Recitals. 1.05: No Declarant. Initial Owner is entering into this instrument in its capacity as owner of the Property and declares that it is Initial Owner's intention that Initial Owner shall not be considered a "declarant" (as such term is defined in the Act) and, accordingly, Initial Owner shall not have either the rights or obligations of a declarant under the Act, except the obligation to deliver a copy of this instrument as recorded to the Assessor of Garfield County, Colorado set forth in Section 38- 33.3-1 05 of the Act. This instrument does, however, create certain rights and obligations of initial Owner with respect to the Development which are similar to rights and obligation of a declarant under the Act, but the rights and obligations of initial Owner are governed by the "Declaration" (as such term is defined in Section 2.07 hereof) and not by the Act. 1.06: No Development Rights. Initial Owner declares that it is initial Owner's intention that Initial Owner does not reserve any development rights which would include the rights to: (a) add real estate to the Development; (b) create additional units, or "common elements" or "limited common elements" (as such terms are defined in the Act) within the Development; (c) subdivide units or convert units into common elements or (d) withdraw real estate from the Development. ARTICLE 2 in addition to the definitions set forth above or below, the following terms shall have the following meanings when used herein; 2 CERTAIN DEFINITIONS 2.01: Articles. "Articles" shall mean the articles of incorporation of the Association as the same may be amended from time to time. 2.02: Board of Directors. "Board of Directors" shall mean the governing body of the Association which is the "executive board" of the Association (as such term is defined and used in the Act). 2.03: Budget. "Budget" shall mean the plan for each fiscal year of the Association for the payment of current Common Expenses, for the reservation of funds for the payment of future Common Expenses and for obtaining the funds required for such payments to be adopted by the Association in accordance with the provisions of Section 8.01 hereof. 2.04: Bylaws. "Bylaws" shall mean the bylaws of the Association in effect from time to time. 2.05: Common Area. "Common Area" shall mean the real property identified as rights-of-way and easements on the Plat which is intended for ownership by the Association. 2.06: Common Expenses. "Common Expenses" shall mean expenditures made or liabilities incurred by or on behalf of the Association in the performance of its duties under the Declaration, the Articles, the Bylaws or the Rules, whether or not the same may be expressly declared to be Common Expenses. 2.07: Declaration. "Declaration" shall mean this instrument, the Plat and all amendments and supplements to this instrument and the Plat hereafter recorded in the real property records of Garfield County, Colorado. 2.08: Design Guidelines. "Design Guidelines" shall mean the design guidelines for the Development set forth on Exhibit B attached hereto and by this reference incorporated herein. 2.09: Easement. "Easement" shall mean the easement created pursuant to the provisions of Section 3.02 hereto. 2.09: First Lienor. "First Lienor" shall mean: (a) a Lienholder holding a Security Interest encumbering any portion of the Development which is recorded after the date of recording of this instrument, and, (b) a Lienholder holding a Security interest encumbering a Parcel which is recorded after the date of recording of this instrument and which has priority over all other Security interests 3 encumbering such Parcel, 2.10: Guest. "Guest" shall mean any individual who is present at the Property at the express or implied invitation of an Owner including, without limitation, friends, relatives, agents, contractors, employees, tenants or business invitees of an Owner. 2.11: Improvements. "Improvements" shall mean all buildings, structures, fences walls, parking areas and landscaped areas located on a Parcel, including all utility facilities and equipment located on that Parcel, which serve only that Parcel and all other improvements which are constructed an that Parcel. 2.12: Lienholder. "Lienholder" shall mean: (a) the holder of a Security Interest encumbering any portion of the Property which is recorded on the date of this instrument and (b) the holder of a Security interest encumbering a Parcel which is recorded after the date of this instrument without regard to the priority of such Security Interest with respect to all Security Interests encumbering the same Parcel. A First Lienor is also a Lienholder. 2.13: Parcel. "Parcel" shall mean any parcel of land designated as a Parcel on the Plat and which is intended for separate ownership by an Owner. Each parcel is identified by the number of such Parcel shown on the Plat. An individual Parcel may be referred to in the Declaration by such Parcel's number as shown on the Plat. A Parcel constitutes a unit as such term is used in the Act. For the purposes of this Declaration, the terms Parcel and Lot are interchangeable with each other and shall have the same meaning. 2.14: Owner. "Owner' shall mean any individual or any corporation, nonprofit corporation, partnership, limited partnership, limited liability company, limited partnership association, joint venture, trust, nonprofit association, cooperative or other legal entity capable of holding title to real property in Colorado that is the record owner of a fee simple interest in one or more Parcels according to the real property records of Garfield County, Colorado. Initial Owner is the initial owner of all of the Lots. 2.15: "Plat" shall mean the Final Plat of the Strong Subdivision Planned Unit Development, recorded 2008, at Reception Number of the real estate records of Garfield County, Colorado, and all amendments and supplements thereto, thereafter recorded in the real estate records of Garfield County, Colorado. 2.16: Rules. "Rules" shall mean the rules and regulations in effect from time to time, as adopted by the Board of Directors in the manner set forth in the 4 Declaration, or pursuant to the Articles and Bylaws. 2.17: Security Interest. "Security Interest" shall mean an interest in real estate or personal property created by contract or conveyance securing payment or performance of an obligation which encumbers any portion of the Property and is recorded on the date of this instrument or which encumbers a Parcel and is recorded after the date of this instrument. A Security Interest includes a lien created by a mortgage, deed of trust, trust deed, security deed, contract for deed, land sales contract, lease intended as security, assignment of lease or rents intended as security, pledge of an ownership interest in an association, and any other consensual lien or title retention contract intended as security for an obligation. 2.18: Sharing Ratio. "Sharing Ratio" shall mean the "allocated interests" (as such term is defined in the Act) of each Lot which is equal to the fraction of one-fifth (1/5). The Sharing Ratio is utilized, among other things, to determine the fractional interest of the total liability for assessments for Common Expenses allocated to a Parcel pursuant to Section 8.05 hereof. The formula utilized to determine the Sharing Ratio of each Parcel is to allocate the total liability for Common Expenses and the total votes in the Association equally to each Parcel. ARTICLE 3 PROPERTY RIGHTS 3.01: Parcels and Common Area. (a) The Plat divides the Property into five (5) Parcels and the Common Area. Initial Owner has not reserved the right to add additional Parcels to the Development so that the maximum number of Parcels which may be made, subject to the Declaration, is five (5). (b) Initial Owner shall convey the Common Area to the Association after the recording of this instrument but in any event prior to the conveyance of all Parcels to Owners other than Initial Owner. Such conveyance of the Common Area shall be made by a special warranty deed free and clear of all encumbrances except those matters set forth in a title commitment for the subject Parcel. (c) All Owners shall have a right and easement of enjoyment in and to the Common Area for the purposes for which the Common Area were designed, which right and easement shall be appurtenant to and shall pass with the title to the Parcels. Such use by an Owner shall be in common with all other Owners 5 without hindering, impeding or imposing upon the rights of the other Owners and in accordance with the provisions of the Declaration and the Rules. Any Owner may delegate such Owner's right to use, benefit from and enjoy the Common Area to such Owner's Guests; provided, however, that such Owner shall be responsible for damages caused by any such Guest and for the violation by any such Guest of the provisions of the Declaration, the Articles, the Bylaws or the Rules in connection with the usage of the Common Area by any such Guest. 3.02: Easement. Initial Owner hereby makes, establishes, declares, grants and reserves a blanket easement in favor of each Owner and any governmental, quasi -governmental or private entity providing utility services to any Parcel, over, under, across, upon, and through the Common Area for installing, replacing, repairing, maintaining and providing all utility services to the Improvements located on a Parcel, including, without limitation, water, gas, electric, storm sewer, sanitary sewer, cable television, satellite communications and telephone services. By virtue of this grant of easement, it shall be expressly permissible for the providing entity to erect and maintain the necessary facilities and equipment in the Development. Any entity providing such utility services shall be responsible for any damage caused by such entity to the Development while utilizing the Easement created by this Section 3.02 and for any costs incurred by the Association as a result of such damage and shall be further required to promptly repair or restore any portion of the Development disturbed or damaged by such entity's utilization of the Easement created by this Section 3.02. The Easement created by this Section 3.02 shall be appurtenant to each Parcel so that a transfer of title to any interest in such Parcel shall automatically transfer a proportionate interest in such Easement. 3.03: Title to Parcels. Title to a Parcel may be held individually or by any entity or in any form of concurrent ownership recognized in Colorado. In case of any such concurrent ownership, each co-owner shall be jointly and severally liable for performance and observance of all the duties and responsibilities of an Owner with respect to the Parcel in which such Owner owns an interest. 3.04: Legal Description. Any contract of sale, deed, lease, deed of trust, mortgage, will or other instrument affecting a Parcel shall legally describe it substantially as follows: "Parcel _ Strong Subdivision Planned Unit Development, according to the Plat for Strong Subdivision Planned Unit Development recorded 2008, at Reception Number of the real estate records of Garfield County, Colorado and subject to the Declaration for Strong Subdivision P,U.D recorded 2008 at Reception No. of the real estate records of Garfield County, Colorado." 6 Every such description shall be good and sufficient for all purposes to sell, convey, transfer, encumber, lease or otherwise affect not only the Parcel, but also the interest in the Easement made appurtenant to such Parcel by the Declaration. The interest in the Easement made appurtenant to any Parcel shall be deemed conveyed or encumbered with that Parcel, even though the legal description in the instrument conveying or encumbering such Parcel may only refer to that Parcel. The reference to the Declaration in any instrument shall be deemed to include any supplements or amendments to the Declaration, without specific reference thereto. 3.05: Separate Assessment. Initial Owner shall give written notice to the Assessor of Garfield County, Colorado requesting that the Parcels be separately assessed and taxed and that the total value of the Common Area be assessed and taxed proportionately with each Parcel in accordance with such Parcel's Sharing Ratio as provided in Section 38-33.3-105 of the Act. After this instrument has been recorded in the real estate records of Garfield County, Colorado, initial Owner shall deliver a copy of this instrument as recorded to the Assessor of Garfield County. 3.06: Use Compliance. The use of the Parcels shall comply with: (a) the terms, conditions and obligations set forth in the Declaration; (b) the matters set forth on the Plat; (c) the terms, conditions and obligations set forth in the documents described iri Exhibit C attached hereto; and (d) all present and future laws, rules, requirements, orders, directions, ordinances and regulations (including zoning regulations) affecting the Parcels of any governmental authority having jurisdiction over the Parcels and of their departments, bureaus or officials. 3.07: No Partition of Parcels. No Owner may assert any right of partition with respect to such Owner's Parcel. By becoming an Owner, each Owner waives any and all rights of partition such Owner may hold with respect to such Owner's Parcel. This Section 3.07 shall not, however, limit or restrict the right of the Owners of a Parcel to bring a partition action pursuant to Article 28 of Title 38 of Colorado Revised Statutes, requesting the sale of the Parcel and the division or the proceeds among such Owners; provided that no physical division of the Parcel shall be permitted as a part of such action and no such action shall affect any other Parcel or the Common Area. 3.08: No Mechanic's Liens. (a) If any Owner shall cause any material to be furnished to such Owner's Parcel or arty labor to be performed therein or thereon, no Owner of any other Parcel shall under any circumstances be liable for the payment of any expense incurred or for the value of any work done or material furnished. All such work shall be at the expense of the Owner causing it 7 to be done, and such Owner shall be solely responsible to contractors, laborers, materialman's and other persons furnishing labor or materials to such Owner's Parcel. Nothing herein contained shall authorize any Owner or any person dealing through, with or under any Owner to charge the Common Area or any Parcel other than that of such Owner with any mechanic's or materialman's lien or other lien or encumbrance whatever. On the contrary (and notice is hereby given), the right and power to charge any lien or encumbrance of any kind against the Common Area or against any Owner or any Owner's Parcel for work done or materials furnished to any other Owner's Parcel is hereby expressly denied. (b) If, because of any act or omission of any Owner, any mechanic's or materialman's lien or other lien or order for the payment of money shall be filed against the Common Area or against any other Owner's Parcel or against any other Owner or the Association (whether or not such lien or order is valid or enforceable as such), the Owner whose or which act or omission forms the basis for such lien or order shall at such Owner's own cost and expense cause the same to be canceled and discharged of record or bonded in an amount and by a surety company reasonably acceptable to the party or parties affected by such lien or order within 20 days after the filing thereof, and further shall indemnify and save all such parties harmless from and against any and all costs, expenses, claims, losses or damages, including reasonable attorneys' fees resulting therefrom. 3.09: No Dedication. Nothing contained in the Declaration (which includes the Plat) shall be deemed a grant or dedication of any portion of the Development to the public or for public use unless such grant or dedication is expressly provided for in the Declaration. ARTICLE 4 RESTRICTIONS 4.01: Use Restrictions. (a)The use of all Lots shall be restricted to nonresidential uses and shall be governed by the Planned Unit Development Guide for Strong Subdivision which was recorded . 2008, at Reception No. of the real estate records of Garfield County, Colorado, as the same may be amended from time to time. Without limiting the generality of the foregoing, the following uses shall be permitted on all Parcels: Uses -By -Right: (1) Business Offices associated with any of the following categorized uses; (2) Contractor Yard; (3) Fabrication; (4) General Storage; (5) 8 Storage of Heavy Equipment; (6) Storage of Oil and Gas Drilling Equipment and Supplies; (7) communication Facility; (8) Solar Power Generating System; (9) Materials Lab and Testing; (11) Material Handling; Uses By Special Review: (12) Processing; (13) Warehouse and Distribution Center; and (14) Concrete and Asphalt Batch Plant(s). (b) No Parcel shall be allowed a combination of categorized uses, except that each Parcel shall be allowed an office use conducted in tandem with the categorized use. (c) At any given time, Parcel 1 shall be allowed two (2) separate leasehold interests. Parcels 2 through 5, inclusive, shall each be limited to one (1) leasehold interest. (d) An Owner shall have the right to lease such Owner's Parcel upon such terms and conditions as such Owner may deem advisable; provided, however, that: (1) any such lease shall be in writing and shall provide that the lease is subject to the terms of the Declaration; (ii) a Parcel may be leased only for the uses and occupancies described in this Section 4.01 hereof; and (iii) any failure of a lessee to comply with the terms of the Declaration, the Articles, the Bylaws, or the Rules shall constitute a default by such Owner under the applicable document. 4.02: Signs. (a) An Owner shall have the right to place no more than one monument sign per Parcel and one wall sign per business on a building identifying the business within that building on such Owner's Parcel. No signs of any kind or nature shall be placed on any portion of the Development by any Owner without the prior written approval of the Board of Directors of the design of any proposed sign in accordance with the provisions of Article 5 hereof, which approval may be granted or withheld by the Board of Directors based upon the Design Guidelines and the standard that all signs must be compatible with the architecture of the Development. (b) Initial Owner shall be entitled to place a monument sign which identifies the Development on the Common Area at Initial Owner's expense, but such sign shall be maintained by the Association and the costs of maintenance of such sign shall be a Common Expense. The Association shall have the right to cause no trespassing signs, signs concerning traffic and parking regulations, signs which identify the Development or other signs concerning the administration and management of the Development to be placed on the Common Area and such signs shall be a Common Expense. All such signs shall conform to the Design Guidelines as contained in the PUD Guide. 9 4.03: Service Yards and Fuel Storage. Each Parcel must maintain perimeter fencing. No storage shall be permitted outside of the enclosed service yard. No above ground storage of fuel tanks shall be permitted on any Parcel, unless approved by the Board of Directors and unless such storage provides for a spill containment area with a volume of at least 110 percent of the storage amount. No items of any kind shall be stored on any portion of the Common Area. 4.04: Trash. No trash shall be stored outside on a Parcel unless it is placed in a covered trash container which is located within an enclosed service yard. No refuse may be dumped or buried underground on any Parcel. No items of any kind shall be dumped on any portion of the Common Area. 4.05: Vehicles. No parking shall be permitted on any portion of the Common Area and no vehicles shall be parked on any portion of a Parcel, except within a building located on the Parcel or the area of the Parcel designed for parking. No inoperable vehicles will be allowed to be stored, Tong -term, on any Parcel. 4.06: Animals. No animals shall be raised, bred, kept or regularly brought to the Development except for dogs or other animals which are trained to and are in fact assisting persons with disabilities and except for dogs which may be brought to the Development by an Owner if the conditions set forth in this Section 4.06 concerning dogs are met. The keeping of livestock, poultry, goats and other farm animals shall not be allowed. If an Owner desires to bring a dog to the Development, such Owner may do so only if there are adequate facilities, such as a fenced yard, dog run or kennel, to contain the dog. All dogs must be in direct control of the person bringing the dog to the Development or kept within a fenced yard, dog run or kennel and no dogs will be allowed to run at large in the Development. No contractor or subcontractor shall be allowed to bring dogs to the Development during the course of construction of the Improvements on a Parcel, with the exception of bird feeders, the feeding baiting, salting or other means of attracting wildlife is not permitted in the Development. 4.07: No Noxious Offensive Hazardous or Annoying Activities. No noxious or offensive activity shall be carried on upon any part of the Development nor shall anything be done or placed on any part of the Development which is or may become a nuisance or cause any unreasonable disturbance or annoyance to others. No activities shall be conducted on any part of the Development which are or might be unsafe or hazardous to any person or property. No glaring light, loud or annoying sound or vibration, smoke or unpleasant odor arising from the use of a Parcel shall be permitted. 4.08: No imperiling of Insurance. No Owner, no Owner's Guests, nor any lessee shall do anything or cause anything to be kept in or on the Development that. might result in an increase in the premiums of insurance obtained by the IO Association or which might cause cancellation of such insurance without the prior written consent of the Board of Directors first having been obtained. 4.09: No Violation of Law. No Owner, no Owner's Guests, nor any lessee shall do anything or keep anything in or on the Development which would be in violation of any statute, rule, ordinance, regulation, permit or other validly imposed requirement of any governmental body. 4.10: No Resubdivision. No Parcel shall be resubdivided into smaller tracts or lots. 4.11: Mining and Drilling. No Lot shall be used for the purpose of mining, quarrying, drilling, boring or exploring for or removing oil, gas or other hydrocarbons, minerals, rocks, stones, gravel or earth. 4.12: Solar Applications. The installation or use of either active or passive solar equipment shall not be prohibited or restricted solely on the basis of aesthetic considerations, unless such considerations are reasonable and do not significantly increase the cost of such installation or use. 4.13: Tem •ora Structures Occu•anc and Inconm+Tete Structures. No temporary structures or office trailers shall be allowed on any Parcel other than in connection with and during the period of construction, alteration or demolition of the Improvements on a Parcel. No space or area of any improvement on a Parcel shall be occupied in any manner prior to completion of construction and the issuance of a temporary or permanent certificate of occupancy by the appropriate governmental authority with respect to such space or area. No partially completed structure shall be allowed to remain on a Parcel, except during the period of construction, alteration or demolition of such structure and providing that the completion of such construction, alteration or demolition is being pursued with reasonable diligence. 4.14: Variances. The Board of Directors shall be entitled to grant reasonable variances to the restrictions contained in this Article 4 in order to prevent undue hardship to any Owner or for any other good cause shown to exist by an Owner. Any such variance may be granted upon any such conditions as the Board of Directors shall determine. Variances shall not be allowed that may interfere with or abrogate the zoning of the Parcels within the Development. 4.15: Weeds. Weeds shall not be allowed to thrive anywhere in the development. The Parcel Owner's Association shall be authorized to ensure strict compliance with this section. Individual parcel owners or their lessees shall be required to remove or eradicate weeds growing on its Parcel(s). The owners association 11 shall be responsible for weed control and eradication on all common areas. 4.16: Drainage Easements. Drainage easements shall be under the control of the Parcel Owner's Association. No parcel owner or lessee shall obstruct any drainage area or improvement that would affect the proper functioning of the drainage easement or structure. ARTICLE 5 ARCHITECTURAL CONTROL 5.01: Design Approval. Initial Owner shall not be required to obtain the approval of the Association for the design of any Improvements to be constructed on any Parcel owned by Initial Owner, but such design shall conform to the Design Guidelines. Except for such construction by Initial Owner, no Improvements may be constructed on a parcel and no modifications to the exterior of any Improvements already constructed on a parcel (including without limitation an addition to the structure or the painting of a structure a different color than previously) may be undertaken without in each case obtaining the prior written approval of the Board of Directors of the design of the proposed construction or modification. The Board of Directors shall not be required to grant approval of the design of any construction or modification which would violate the use and occupancy restrictions of Section 4.01 hereof or any other restrictions contained in Article 4 hereof. In considering each request for design approval, the Board of Directors shall be guided by the Design Guidelines and shall attempt to assure that all Improvements within the Development are architecturally compatible and in a compatible color scheme while allowing reasonable and tasteful deviations from the architectural design and style of the Development. 5.02: Approval Procedures. Whenever any Owner requests design approval from the Board of Directors, the Board of Directors may request that such Owner provide the Board of Directors with such items as the Board may reasonably request in order to inform the Board of Directors about the matter requiring approval. The Board of Directors shall not be required to take any action with respect to a requested design approval unless and until the Board of Directors receives all items reasonably requested by the Board of Directors. Once all of such items have been furnished to the Board of Directors, the Board of Directors shall have 30 days to approve the request as submitted, to approve the request with such reasonable conditions as the Board of Directors may require or to reject the request and, if the Board of Directors does not so act within such 30 day period, the request shall be deemed approved as submitted. If the request is approved, the matter approved shall be undertaken by the Owner in accordance with the items submitted to the Board of Directors and any conditions placed 12 upon such approval by the Board of Directors. 5.03: No Liability. The Board of Directors shall neither be responsible nor liable for damages because of any failure to act, disapproval nor failure to approve or disapprove any request for design approval or because of any defects in any items submitted to the Board of Directors in connection with any request for design approval. Any Owner requesting design approval by the Board of Directors by so doing agrees and covenants not to bring any action or suit to recover damages against the Board of Directors, its members as individuals, or its advisors, employees or agents or the Association and its officers and members. ARTICLE 6 THE ASSOCIATION 6.01: Membership. (a) Initial Owner shall be a member of the Association for so long as Initial Owner is the Owner of any Parcel. Each individual and each corporation, nonprofit corporation, partnership, limited partnership, limited liability company, limited partnership association, joint venture, trust, nonprofit association, cooperative or other legal entity capable of holding title to real property in Colorado shall automatically become a member of the Association upon becoming an Owner of a parcel. Membership shall be continuous throughout the period that such ownership continues and shall be appurtenant to and inseparable from ownership of a parcel. Membership shall terminate automatically without any Association action whenever any Initial Owner or any other Owner ceases to own any parcel. Termination of membership shall not relieve or release any former member from any liability or obligation incurred by virtue of or in any way connected with ownership of a parcel or impair any rights or remedies which the Association or others may have against such former member arising out of or in any way connected with such ownership or membership. (b) The total number of votes in the Association shall be five. The votes are hereby allocated equally to each parcel so that each parcel is entitled to one vote. If there is only one Owner of a parcel, such Owner shall be entitled to cast the vote allocated to such parcel at any meeting of the members. If there are multiple Owners of a parcel and only one of such multiple Owners is present at a meeting of the members, such Owner shall be entitled to cast the vote allocated to such parcel. If there are multiple Owners of a parcel and more than one of the multiple Owners of such parcel are present at a meeting of the members, the vote allocated to such parcel may be cast only in accordance with the agreement 13 of a majority in interest of such Owners as such agreement may be reasonably evidenced to the person presiding over such meeting. It is reasonable evidence of the agreement of a majority in interest of multiple Owners of a parcel if any one of such Owners casts the vote allocated to such parcel without protest being made promptly to the person presiding over the meeting of the members by any of the other Owners of such parcel. Each member which is a corporation, nonprofit corporation, partnership, limited partnership, limited liability company, limited partnership association, joint venture, trust, nonprofit association, cooperative or other legal entity capable of holding title to real property in Colorado shall from time to time designate in writing to the Association one or more individuals who may represent it at a meeting and vote on its behalf. Until the Association is notified in writing to the contrary, any action taken by any person(s) designated in writing to represent such member shall be binding upon such member. (c) The rights and obligations of members of the Association are further delineated in the Articles, the Bylaws and the Rules and each Owner is advised to obtain copies of the then current Articles, Bylaws and Rules upon becoming an Owner. (d) Each member shall comply strictly with the provisions of the Declaration, the Articles, the Bylaws and the Rules. The failure of a member to comply strictly with such provisions shall permit the Association to take the actions outlined in the Declaration, the Articles, the Bylaws and the Rules to enforce any such provisions. 6.02: Powers of the Association. (a) The Development shall be administered and managed by the Association pursuant to this Declaration, the Articles, the Bylaws and the Rules. The Association shall have all of the powers expressed in, or implied from, the provisions of Section 38-33.3-302(1) of the Ad and the provisions of the Declaration, the Articles, the Bylaws or the Rules subject, however, to the following limitations; (i) except for the power to grant easements, licenses and concessions through or over the Common Area set forth in Section 38-33.3-302(1 )(i) of the Act, the Association shall not convey or encumber the Common Area unless all Owners and all First Lienors have given their approval thereof; (ii) the Association shall be organized and operated exclusively for pleasure, recreational and other non-profitable purposes as set forth in Section 501(c) (7) of the Internal Revenue Code of 1986, as it is now or may hereafter be 14 amended, or in any corresponding provisions of any future law of the United States of America providing for the exemption of similar organizations from income taxation; and (iii) no part of the net earnings of the Association shall inure to the benefit of any member of the Association. (b) Without limiting the generality of the foregoing, the Association shall have the power from time to time as it deems necessary and appropriate to adopt, amend and enforce the Rules in order to implement the provisions of the Declaration, including without limitation, Rules intended to promote the general health, safety and welfare of persons within the Development, to protect and preserve property and to regulate the use of the Common Area. (c) All of the Rules adopted by the Association shall be reasonable and shall be uniformly applied. The Association may provide for enforcement of the Rules through reasonable and uniformly applied fines and penalties, which shall be collectable by the Association as a charge pursuant to the provisions of Article 8 hereof. Each Owner, and such Owner's Guest, shall be obligated to and shall comply with and abide by the Rules and pay such fines or penalties upon failure to comply with or abide by the Rules. The Association shall not be responsible to any Owner or Guest for the non -observance by any other Owner or Guest of the Rules. 6.03: Board of Directors. The Board of Directors is hereby designated to act on behalf of the Association and shall be responsible for the control and management of the Association and the disposition of its funds and property; provided, however, that the Board of Directors may not act on behalf of the Association to: (a) amend the Declaration except in the instances set forth in the Declaration; (b) terminate the Development; or (c) elect directors or determine the qualifications, powers and duties, or terms of office of directors, but the Board of Directors may fill vacancies in the Board of Directors for the unexpired portion of any term. The number of directors, their terms of office and their qualifications shall be determined according to the laws. The members of the Association shall elect and may remove all directors. 6.04: Officers. The officers of the Association shall be a president, a secretary, a treasurer and such other officers as may from time to time be prescribed by the Bylaws. The terms of office of the officers of me Association and their qualifications shall also be determined according to the Bylaws. The Board of Directors shall elect and may remove the officers of the Association. 15 ARTICLE 7 MAINTENANCE AND INSURANCE 7.01: Maintenance by Owners. Each Owner shall be responsible for maintaining in a clean, safe, attractive and sightly condition and in good order and repair all portions of such Owner's Parcel and Improvements. In performing such maintenance, no Owner shall do any act or work which impairs or otherwise affects the Common Area. If, in the reasonable judgment of the Association, an Owner has failed to maintain such Owner's parcel and improvements a clean, safe, attractive and sightly condition and in good order and repair, the Association may, after 10 days' notice to such Owner, perform all work deemed necessary by the Association to place such parcel and Improvements in conformity with the foregoing standards and shall have access to such parcel and Improvements for such purposes. The Association shall be reimbursed by the Owner who or which failed to adequately maintain such Owner's Lot and Improvements for all costs of the work performed by the Association pursuant to the authorization contained in the preceding sentence in the manner set forth in Section 8.04 hereof. 7.02: Maintenance by the Association. The Association shall be responsible for maintaining all portions of the Common Area. The costs of such maintenance shall be a Common Expense. If, however, the need to perform such maintenance results from the negligence or intentional act of an Owner or such Owner's Guests, such Owner shall reimburse the Association for all costs of such maintenance in the manner set forth in Section 8.04 hereof. 7.03: Insurance. (a) The Association shall provide and keep in force the following insurance: (1) Property damage insurance on any improvements that may be constructed on the Common Area insuring against loss by fire, lightning and the risks covered by the "all risks" endorsement of the insurer (which risks shall include at least vandalism, malicious mischief and those risks covered by a standard broad form coverage endorsement) in an amount not less than the full replacement cost of the insured property (without deduction for depreciation but less applicable deductibles and exclusive of the costs of land, excavation, foundations, paving and other items normally excluded from property policies) in an agreed endorsement amount. Such insurance may be carried in blanket policy 16 form naming the Association as the insured. Any loss covered by such insurance must be adjusted with the Association whether or not the insurance proceeds with respect to that Toss are payable to the Association. Such insurance proceeds shall be payable to the Association unless the Association shall have previously designated in writing an insurance trustee for that purpose, but in no event shall such insurance proceeds be payable to any Lienholder. The Association or the insurance trustee receiving such insurance proceeds shall hold such insurance proceeds in trust for the Association, the Owners and the Lienholders as their interests may appear. Such insurance proceeds shall be disbursed in accordance with the provisions of Section 9.02 hereof and the Association, the Owners and the Lienholders are not entitled to receive payment of any portion of such insurance proceeds unless there is a surplus of such insurance proceeds after such disbursements have been made. (ii) Commercial general liability insurance against claims and liability arising in connection with the ownership, existence, use, or management of the Common Area (including liability for death, personal injury and property damage) in the amount deemed sufficient by the Board of Directors insuring the Board of Directors, the Association, the managing agent (if any) and their respective employees, agents and all persons acting as agents, and the Owners (including Initial Owner). The policy of such insurance shall provide that it will also cover claims of one or more insured parties against other insured parties. (iii) Such other insurance in such amounts as the Association may consider necessary or advisable against such other insurable hazards as the Association may from time to time wish to insure against. (b) All insurance which is carried by the Association pursuant to the provisions of Section 7.03(a) hereof shall be issued by responsible insurance companies authorized to do business in the State of Colorado. Each policy of insurance described in Sections 7.03 (a)(i) and (ii) hereof shall contain the following provisions: (i) such policy shall not be materially modified or canceled without at least 30 days prior written notice to the Association and to each Owner and Lienholder whose or which address has been made known to the insurer; (ii) the insurer waives its rights of subrogation under such policy as to any claim against the Association, its officers, directors and employees, any Owner and members of such Owner's household and any Lienholder; (iii) each Owner is an insured person under such policy with respect to liability arising out of such Owner's membership in the Association; (iv) no act or omission by an Owner, unless acting within the scope of such Owner's authority on behalf of the Association, shall void such policy or operate as a condition to recovery under such policy: and (v) if, at the time of loss under such policy, there is other insurance in the name of an Owner covering the risk covered by such policy, the Association's 17 policy shall provide primary insurance. if the insurance described in Sections 7.03 (a)(i) and (11) hereof is not reasonably available, or if any policy of such insurance is canceled or not renewed without a replacement policy therefore having been obtained, the Association promptly shall cause notice of such fact to be hand delivered or sent prepaid by United States mail to all Owners and to all Lienholders whose or which address has been made known to the Association. (c) Each Owner shall be solely responsible for obtaining and maintaining any insurance covering Toss or damage to any improvements located on such Owner's parcel and to any personal property on such Owner's parcel and covering liability for injury, death or damage occurring on such Owner's parcel. Any policy of such insurance shall contain waivers of subrogation as to any claim against the Association, its officers, directors and employees, any Owner and such Owner's Guests and any Lienholder and shall be so written that the liability of the insurers issuing insurance obtained by the Association shall not be affected or diminished thereby. (d) The costs of obtaining and maintaining all insurance which is carried by the Association pursuant to the provisions of Section 7.03(a) hereof shall be a Common Expense to be prorated among all Owners as set forth in the Declaration, notwithstanding the fact that the Owners may have disproportionate risk. To the extent that the Association settles claims under the insurance described in Section 7.03 hereof for damages to real property, any Owner whose or which negligence caused such loss shall reimburse the Association for the amount of all deductibles paid by the Association with respect to such claims in the manner set forth in Section 8.04 hereof. ARTICLE 8 ASSESSMENTS AND CHARGES 8.01: Annual Assessments. (a) Until the Association establishes an annual assessment for Common Expenses for the initial fiscal year of the Association, Initial Owner shall pay all Common Expenses. The Association shall establish an annual assessment with respect to the initial fiscal year of the Association for the purpose of paying or creating a reserve for Common Expenses. The amount of the annual assessment for the initial fiscal year of the Association and for each fiscal year 18 thereafter shall be based upon the Budget to be adopted by the Association. The Budget shall be based upon a good faith estimate of the Common Expenses to be paid or reserved for the fiscal year covered by the Budget including, without limitation, an estimate of the costs of the maintenance required to be performed by the Association pursuant to the provisions of Section 7.02 hereof during such fiscal year, an estimate of the costs of the insurance described in Section 7.03 hereof to be obtained by the Association during such fiscal year and an estimate of the amount of funds to be reserved during such year for the costs of the periodic refurbishing and replacement of those items which are to be maintained and repaired by the Association pursuant to the provisions of Section 7.02 hereof as such items wear out or become obsolete so that the costs of such periodic refurbishing or replacement may be paid through the annual assessments instead of special assessments. The annual assessment for each fiscal year shall be established only after a Budget is adopted in accordance with the provisions of Section 8.01(b) hereof. The Board of Directors may adjust the amount of an annual assessment during the fiscal year covered by such annual assessment from time to time as the Board of Directors may in its discretion deem necessary or advisable, but any such adjustment shall be based upon a revised Budget adopted by the Association in accordance with the provisions of Section 8.0 (b) hereof. (b)Beginning with the first fiscal year of the Association or in the event the Association desires to make an adjustment to an annual assessment previously established with respect to any such fiscal year, the Board of Directors shall adopt a proposed Budget to serve as the basis for the establishment of the annual assessment or the adjustment to the annual assessment (as the case may be). Within 30 days after the adoption of such proposed Budget, the Board of Directors shall mail, by ordinary first-class mail, or otherwise deliver a summary of such proposed Budget to all Owners and shall set a date for a meeting of Owners to consider ratification of such proposed Budget not less than 14 nor more than 60 days after mailing or other delivery of the summary. Unless at that meeting Owners holding 80 percent or more of the total votes in the Association reject such proposed Budget, such proposed Budget shall be considered ratified, whether or not a quorum is present. In the event such proposed Budget is rejected, the Budget last adopted by the Association shall be continued until such time as the Owners ratify a subsequent Budget proposed by the Board of Directors and the proposed annual assessment or adjustment to the annual assessment shall be based upon such continued Budget. 8.02: Special Assessments. In addition to the annual assessments authorized in Section 8.01 hereof, the Association may establish at any time a special assessment for the purpose of paying or creating a reserve for, in whole or in part, the cost of any expense which the Association is entitled to incur pursuant 19 to the provisions of this Declaration, the Articles or the Bylaws and which is not scheduled to be paid in a Budget adopted by the Association. No special assessment may be levied by the Association unless such special assessment has been approved by tile Board of Directors and by the majority vote of the Owners present in person or proxy at a meeting called for such purpose at which a quorum was present. 8.03: Payments of Assessments. All annual assessments shall be payable in equal monthly installments or, at the option of the Association, in equal quarterly installments. Each installment of the annual assessments shall be due on the first day of the period to which it relates in the amount specified in the most recent written notice from the Association until the Association notifies an Owner in writing of a different amount. At the option of the Association, special assessments may be payable in a lump sum or in quarterly or monthly installments. Each special assessment shall be due 30 days after the Association gives an Owner notice of the amount of such Owner's assessment. The Association may charge and collect a late charge in the amount of $25 (or in such other amount as may be established by the Board of Directors in the Rules) for any annual or special assessment which is not paid when due. In addition, the Association may charge and collect interest at an annual rate of 21 percent on any annual or special assessment which is not paid within 30 days after the due date thereof, which interest shall run from such due date until the date of payment If the Association engages an attorney to collect any annual or special assessment not paid when due, the Owner responsible for the payment of such annual or special assessment shall reimburse the Association for all costs of collection of such annual or special assessment including, without limitation, reasonable attorneys' fees. 8.04: Charges. Each Owner shall be liable for all charges with respect to such Owner or such Owner's Lot as set forth in the Declaration which include, but are not limited to, the costs to be reimbursed to the Association by an Owner pursuant to the provisions of Sections 7.01,7.02 and 7.03(d) hereof, fines and penalties for violations of the Rules as described in Section 6.02(b) hereof and the late charge described in Section 8.03 hereof. Any charge shall be payable within 10 days after notice of the amount of such charge is delivered to an Owner and, if not paid when due, shall thereafter bear interest at an annual rate of 21 percent. If the Association engages an attorney to collect any such charge not paid when due, the Owner responsible for the payment of such charge shall reimburse the Association for all costs of collection of such charge including, without limitation, reasonable attorneys' fees. Any charge collected by the Association shall be used by the Association in furtherance of its duties hereunder or to defray Common Expenses. 20 8.05: Liability of Owners. The liability for annual and special assessments of the Common Expenses is hereby allocated equally to each parcel so that the Owners of each parcel are liable for a portion of the total amount of the annual and special assessments for the Common Expenses equal to such total amount multiplied by such Parcels Sharing Ratio; provided, however, that the Association may allocate on a reasonable basis the liability for annual and special assessments for those Common Expenses which benefit some but not all of the parcels to the Owners of each parcel so benefited. The amount of any annual and special assessment and charges payable with respect to an Owner or such Owner's parcel shall be a personal obligation of the Owner of such parcel and such Owner's heirs, devisees, personal representatives, successors and assigns and, if there are multiple Owners of one parcel, such obligation shall be a joint and several obligation of each Owner of such parcel. Except as set forth in Section 8.06 hereof, a party acquiring fee simple title to a parcel shall be jointly and severally liable with the former Owner of the parcel for all such amounts which had accrued and were payable at the time of the acquisition of fee simple title to the parcel by such party without prejudice to such party's right to recover any of such amounts paid by such party from the former Owner. No Owner shall be exempt from liability for payment of such Owner's share of the Common Expenses either by waiver of the use or enjoyment of the Common Area or Easement or by abandonment of such Owner's parcel. 8.06: Liability of Lienholders. The transfer of title to a parcel pursuant to a foreclosure of a Security Interest or pursuant to any procedure in lieu thereof shall extinguish the lien for annual and special assessments and charges against such parcel described in Section 8.07 hereof as to payments which become due prior to such transfer but only to the extent such Security Interest has priority over the Association's lien as specified in Section 38-33.3-316(2)(b) of the Act. A Lienholder shall not be personally liable for any assessment or charge payable by the Owner of the parcel encumbered by the Security Interest held by such Lienholder, but the Association agrees to accept any payment of such assessment or charge made voluntarily on behalf of such Owner by such Lienholder. 8.07: The Association's Lien. The Association shall have, from the date of recording of this instrument, a lien against each parcel to secure payment to the Association of all annual and special assessments with respect to such parcel and all charges with respect to each Owner of such parcel together with interest thereon at the annual rate of 21 percent from the due date thereof and together with all costs and expenses of collecting such assessments and charges including reasonable attorneys' fees. The Association's lien shall be prior and superior to all other Liens and encumbrances on a parcel except: (a) liens and encumbrances recorded prior to the recordation of this instrument; (b) the 21 Security Interest of a First Lienor with respect to such parcel except to the extent specified in Section 38-33.3-316(2)(b) of the Act; (c) liens for real estate taxes and other governmental charges against such parcel and (d) mechanic's and materialman's Iiens which by law may be prior to the Association's lien. The Association's lien shall attach from the date of recording of this instrument and shall be considered perfected without the necessity of recording a notice of default and claim of lien. Nevertheless, the Association may, as evidence of the Association's lien but not as a condition to enforcement of the Association's lien, record a notice of default and claim of lien executed by an officer or director of the Association and containing substantially the following information: (1) the legal description of the parcel against which the lien is claimed; (ii) the name of the defaulting Owner(s) of such parcel(s) indicated by the Association's records; (iii) the total unpaid amount together with interest thereon and the costs of collection as of the date of such notice; (iv) a statement that the notice of default and claim of lien is made by the Association pursuant to the Declaration; and (v) a statement that a lien is claimed and will be foreclosed against such parcel in an amount equal to the amount stated as then due and any additional amounts thereafter becoming due. If the Association elects to file such notice of default and claim of lien, the Association shall send a copy of such notice of default and claim of lien to all Owners and all Lienholders whose or which name and address were made known to the Association of the parcel against which such lien is claimed at their addresses last known to the Association within 10 days after the recording of such notice of default and claim of lien. The Association's lien may be foreclosed in the manner provided by Colorado for the foreclosure of mortgages encumbering real property. At its option, the Association may recover any amounts claimed to be due in a notice of default and claim of lien by an action for a money judgment. In any such foreclosure or action, the Owner(s) of the parcel subject to such foreclosure or action shall be required to pay the costs and expenses of such proceedings, including reasonable attorneys' fees. The Association shall be entitled to purchase the parcel at any foreclosure sale, and to acquire, hold, lease, mortgage or convey the same. In any such foreclosure or action, the Court may appoint a receiver to collect all sums alleged to be due from the Owner(s) prior to or during the pendency of such foreclosure or action. The Court may order the receiver so appointed to pay any sums held by such receiver to the Association during the pendency of such foreclosure or action to the extent of the unpaid annual and special assessments and charges. 8.08: Statement of Unpaid Assessments and Charges. The Association shall furnish to an Owner of a parcel, a designee of such Owner, a Lienholder with respect to a parcel or a designee of such Lienholder, upon receipt by the Association of a written request accompanied by the payment of a fee in the amount of $25 (or in such other amount as may be established by the Board of Directors in the Rules), a written statement setting forth the amount of the unpaid 22 annual and special assessments and changes, if any, with respect to such parcel. Such statement shall be furnished within 14 calendar days after receipt of such request and fee and is binding upon the Association, the Board of Directors and every Owner. If no statement is famished to the requesting party within such 14 calendar day period, then the Association shall have no right to assert a lien upon the parcel for unpaid annual and special assessments and charges which were due as of the date of the request. 8.09; Surplus Funds. Upon the determination by the Board of Directors that surplus funds of the Association remain after payment or provision for Common Expenses and any prepayment or provision for reserves, the Board of Directors may decide either to distribute such surplus funds to the Owners in accordance with the respective Sharing Ratios of their parcels or to credit such surplus funds to the Owners in accordance with the respective Sharing Ratios of their parcels against their respective liabilities for future Common Expenses. ARTICLE 9 DAMAGE OR DESTRUCTION 9.01: Requirement of Repair and Restoration. In the event of any damage or destruction to any portion of the improvements located on the Common Area for which insurance is required to be maintained by the Association under the provisions of Section 7.03(a)(i) hereof, the Association shall cause such damaged or destroyed portion of the Development to be fully repaired or restored promptly after the occurrence of such damage or destruction unless such repair or restoration would be illegal under any state or local statute or ordinance governing health or safety. 9.02: Insurance Proceeds. The insurance proceeds paid to the Association as a result of the damage or destruction of any portion of the improvements located on the Common Area shall be disbursed by the Association first to the expenses of the repair or restoration of the damaged or destroyed portion of such improvements and the remainder shall be disbursed to the Owner of each parcel or the Lienholder with respect to such parcel, as their interests may appear, in accordance with the Sharing Ratio of such parcel. if the costs of the repair or restoration of the damaged or destroyed portion of the improvements located on the Common Area required by Section 9.01 hereof are in excess of the insurance proceeds paid to the Association as a result of such damage or destruction, the excess amount shall be a Common Expense payable by the Owners in accordance with the respective Sharing Ratios of their parcels. 9.03: Notice to Lienholders. Promptly after the occurrence of any fire or other 23 casualty which causes damage or destruction of any portion of the improvements located on the Common Area for which insurance is required to be maintained by the Association under the provisions of Section 7.03 hereof and which the Association estimates will cost $10,000.00 or more to repair, the Association shall deliver written notice thereof to all Lienholders whose or which address has been made known to the Association. The delivery of such written notice shall not be construed as imposing any liability whatever on any Lienholder to pay all or any part of the costs of repair or restoration. ARTICLE 10 CONDEMNATION If all or any portion of the Common Area is taken under any statute, by right of eminent domain, or by purchase in lieu thereof, then the Association (as attorney-in-fact for the Owners) shall collect the award made in such taking, shall promptly cause the portion of the Common Area not so taken to be restored. The costs of such restoration in excess of the amount of the award for such taking shall be a Common Expense payable by the Owners in accordance with the respective Sharing Ratio of their parcels. The amount of the award paid to the Association as a result of any such taking which is not used for such restoration shall be disbursed by the Association to the Owner of each parcel or the Lienholder with respect to such parcel. as their interests may appear, in accordance with the Sharing Ratio of such parcel. ARTICLE 11 MISCELLANEOUS PROVISIONS 11.01: Enforcement and Remedies. The provisions of the Declaration which create certain rights in initial Owner shall be enforceable by Initial Owner and the other provisions of the Declaration shall be enforceable by the Association. In enforcing the Declaration, the Association shall be entitled to utilize any of the remedies set forth in Article 8 hereof and both Initial Owner and the Association and any other party entitled to enforce the Declaration shall be entitled to any remedy at law or in equity including without limitations, an action seeking a prohibitive or mandatory injunction or damages or both. In any action for the enforcement of the Declaration, the party or parties against which or whom enforcement is sought shall pay the reasonable attorney's fees and costs, including the reasonable attorney's fees for any appeal, incurred by the party enforcing the Declaration in the amount determined by the Court if the party enforcing the Declaration is the prevailing party in such action. The issuance of a building permit or certificate of occupancy which may be in contravention of the 24 Declaration shall no prevent enforcement of the Declaration. All cost incurred by the Association in the enforcement of the Declaration shall be a Common Expense. 11.02: Duration. The Declaration shall continue and remain in full force and effect in perpetuity, as the same may be amended from time to time in accordance with the provisions of Section 11.03 hereof, unless the Declaration is sooner terminated by an amendment made in accordance with the provisions of Section 11.03 hereof. 11.03: Amendment. The provisions of the Declaration which create certain rights in initial Owner may be amended only with the prior written consent of Initial Owner. Any amendment to the Declaration which proposes to terminate the Declaration or which proposes to amend the provisions of the Declaration pertaining to the Sharing Ratio of each parcel, the allocation of the liability for Common Expenses and voting rights to each parcel and the rights of Lienholders under the Declaration must be signed by all Owners and consented to in writing by all of the Lienholders whose or which name and address have been made known to the Association. The Association shall be entitled to amend the Declaration in those circumstances set forth in Section 38-33.3-1O7of the Act Except for the foregoing amendments, the provisions of this Declaration may be amended only by the recording of a written instrument or instruments specifying the amendment signed by the Owners who or which are entitled to vote at least 80 percent of the total votes in the Association. No amendment to this Declaration shall have the effect of abrogating the zoning of the development. 11.04: Covenants Running with the Land. Each provision of the Declaration, and any agreement, promise, covenant and undertaking to comply with each provision of the Declaration shall be deemed a covenant running with the land as a burden with and upon the title to each parcel of real property within the Development for the benefit of any other real property within the Development. 11.05: Limited Liability. A director or an officer of the Association shall not be liable for actions taken or omissions made in the performance of his or her duties except for wanton and willful acts or omissions. The liability of directors and officers shall be further limited by the provisions of Parts 4 and 5 of Article 128 of Title 7 of Colorado Revised Statutes and the provisions of the Articles and the Bylaws. Neither Initial Owner nor any member, manager, agent or employee of initial Owner shall be liable to any party for any action or for any failure to act with respect to any matter arising in connection with the Declaration if the action taken or failure to act was in good faith and without malice. 11.06: Successors and Assigns. Except as otherwise provided herein, the 25 Declaration shall be binding upon and shall inure to the benefit of Initial Owner and each subsequent Owner and their respective heirs, devisees, personal representatives, successors and assigns. Initial Owner and each subsequent Owner shall be fully discharged and relieved of liability with respect to the obligations of such party under the Declaration upon ceasing to own an interest in a parcel and upon the payment of all sums and the performance of all other obligations of such party under the Declaration up to the time such party ceased to own an interest in a parcel. 11.07: Successors to Initial Owner. The following shall be successors to Initial Owner: (a) any party to whom or which Initial Owner conveys all parcels then owned by Initial Owner and assigns all rights of Initial Owner under the Declaration and who or which assumes all of Initial Owner's obligations under the Declaration; and (b) any Lienholder who or which obtains title to all parcels owned by Initial Owner through foreclosure of the Security Interest held by such Lienholder or through any proceeding in lieu of such foreclosure and who or which assumes all of Initial Owner's obligations under the Declaration. 11.08: Notices to Owners and Association. Each Owner shall register such Owner's mailing address with the Association, and except for statements for the assessments, notices of Association meetings, other routine notices and notices which may be sent in another manner in accordance with the provisions of the Declaration, all notices or demands intended to be served upon an Owner shall be sent by either registered or certified mail, postage prepaid, addressed in the name of the Owner at such registered mailing address. If an Owner fails to register such Owner's mailing address with the Association, such Owner's mailing address shall be deemed to be the address of such Owner's parcel. All notices, demands or other notices intended to be served upon the Association shall be sent certified mail, postage prepaid, to the address of the Association as designated in the Bylaws. 11.09: Severability. Invalidity or unenforceability of any provision of the Declaration in whole or in part shall not affect the validity or enforceability of any other provision or any valid and enforceable part of a provision of the Declaration. 11.10: Captions. The captions and headings in the Declaration are for convenience only and shall not be considered in construing any provisions of this Declaration. 11.11: Construction. When necessary for proper construction, the masculine of any word used in the Declaration shall include the feminine or neutered gender, 26 and the singular the plural and vice versa. 11.12: Governing Law. The Declaration shall be governed by and construed under Colorado law. IN WITNESS WHEREOF, the parties have executed this Declaration on the day and year set forth next to their signatures. UNA DEVELOPMENT, LLC Date: By: STATE OF COLORADO ) )ss. COUNTY OF GARFIELD ) Acknowledged and sworn before me this _day of 2008, by , Manager of Una Development, LLC. WITNESS my hand and official seal. My commission expires: 27 WELL SHARING AGREEMENT THIS AGREEMENT is entered into by and between UNA DEVELOPMENT, LLC, a Colorado Limited Liability Company, and lot purchasers of lots within the Strong Subdivision Planned Unit Development. WITNESSETH WHEREAS, Una Development (hereinafter Developer) owns certain property in Garfield County, Colorado, specifically the Strong Subdivision and Planned Unit Development (hereinafter Development), County of Garfield, State of Colorado the final plat of which is recorded as Reception Number in the Garfield County Clerk and Recorder's Office; and WHEREAS, a water well commonly referred to as the Strong Well and permitted as Colorado Division of Water Resources Well Permit Number 67484-F (a copy of said permit is attached hereto as Exhibit A and incorporated herein by this reference), currently exists on Parcel 3, and provides a water supply to all parcels in the development. WHEREAS, the parties desire to ensure the supply of water to all parcels in the development now and in the future, and desire to set forth their understanding and agreements with regard to the future ownership, use and maintenance of the Strong Well. NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained herein, the adequacy and sufficiency of which is hereby acknowledged, the partes agree as follows: 1. The Strong Well structure and related facilities, including the pump, pipelines, well equipment, and well permit, shall be owned by the PUD Parcel Owners Association. The parties further agree that their respective interests in the Strong Well shall be appurtenant to the benefited parcels, and such interests may not be conveyed separately for the respective parcels. The water rights for the well, as augmented, are owned by the Strong Subdivision PUD Parcel Owners Association for the benefit of all owners. 2. Una Development will reserve and/or convey all necessary easements to the other parcel owners for supplying water to all parcels in the development, and for the operation, maintenance, repair and replacement of the Strong Well, its pump, pipelines and well equipment. 3. All costs incurred for the operation, repair, maintenance and replacement of the Strong Well, its pump, common pipelines and well equipment which are deemed to commonly benefit the owners shall be paid according to the following formula: Parcel 1 two -sixths (2/6); Parcels 2 through 5, inclusive, one-sixth (1/6). However, each owner shall bear the cost of operation, repair, maintenance and replacement of pipelines or other components which are not used in common, but which are used solely to provide water service to that owner's parcel. It is the intent of the parties that each owner will be solely responsible for the operation, repair, maintenance and replacement of that part of the water delivery system which is solely used to provide water service from the well to that owner's parcel. 4. The parties acknowledge that pump electric charges will be paid by the Parcel Owner's Association. Monthly dues will be assessed by the Parcel Owner's Association, a portion of the assessment shall include the electric bill for the Strong Well. Parcel 1 shall pay two-sixths of the bill, Parcels 2 through 5, inclusive, shall each pay one-sixth (1/6). 5. In the event that any owner determines that repair, maintenance, improvements, or replacements are necessary for the well structure, pipelines or appurtenant common facilities, such owner shall notify the other owners in writing. The owners agree to cooperate for the purpose of entering into mutual agreements for completion and payment of such repairs, maintenance, improvement or replacement costs. Should the parties fail to reach mutual agreement on payment or shared costs and expenses, the Parcel Owner's Association for the development shall be authorized to hear and settle such a dispute after review of all facts, which decision shall be binding on all owners. Any owner shall be entitled to make any and all reasonable improvements in an emergency which are essential for the proper functioning of the well, purnp, pipeline or appurtenant facilities and to seek reimbursement from the other owners. 6. The parties agree that all common expenses and costs incurred for the operation, repair, maintenance and replacement of the well, its pump and common pipelines shall be paid by the PUD Parcel Owners Association. 7. Each owner shall be entitled to its proportionate share of the water produced from the Strong Well, subject to the Declaration of Covenants of the development and the conditional approval of Well Permit #67484-F. No owner shall use more that its proportionate share of the water physically available from the well. Each party agrees that the water withdrawn for the well shall be used only for those uses itemized in the Planned Unit Development Guide recorded at Reception Number in the records of the Garfield County Clerk and Recorder. The parties further agree that the water from the Strong Well shall be used in accordance with any other terms and conditions imposed on the well permit. 8. No owner may waste water, and each owner shall exercise prudence and conservation in the use of the water. The owners each agree to exercise such prudence and conservation to allow for efficient and beneficial use of the well and to avoid burdening the aquifer and well pump unnecessarily. 9. In the event that any government or judicial authority imposes future requirements or restrictions on the use of the Strong Well, the owners agree to mutually comply with such requirements to ensure a continuing water supply for each parcel. The parties agree to share equally in any costs associated with such compliance. 10. In the event the Strong Well should ever run dry or fail for any reason, the owners may decide either to redrill the well or drill a new well. Should the owners fail to reach agreement on the proper remedy, the Parcel Owner's Association shall be requested to make such a decision, which decision shall be binding on the owners. 11. This Agreement shall inure to the benefit of and be binding upon the parties, their heirs, devisees, executors, administrators, transferees and successors in interest. 12. The language used in this Agreement and all parts thereof shall be construed as a whole according to its plain meaning and not strictly for or against any party. 13. If any covenant, term, condition or provision contained in this Agreement is held by a court of competent jurisdiction to be invalid, illegal or unenforceable in any respect, such covenant, term, condition or provision shall be severed or modified to the extent necessary to make it enforceable, and the resulting agreement shall remain in full force and effect. 14. This document embodies the entire and complete agreement of the parties on the subject matter herein. No promise or undertaking has been made by any party, and no understanding exists with respect to the transactions contemplated, except as expressly set forth herein. All prior and contemporaneous negotiations and understanding between the parties are integrated and merged into this Agreement. 15. This Agreement may be amended from time to time by amendments made by the parties in written form and executed in the same manner as this Agreement. This Agreement shall be recorded with the Garfield County Clerk and Recorder. Any future amendment to the Agreement shall also be recorded in the same manner. 16. The Developer states this agreement shall run with the parcels of land as described on the Final Plat of the Strong Subdivision and Planned Unit Development, Garfield County, CO, and any amendments thereto, and be a burden and benefit upon those properties. 17. This Agreement may be executed in duplicate original counterparts, each of which shall constitute an original but all which shall constitute one and the same document. 18. All notices required under this Agreement shall be in writing and shall be hand delivered or sent by facsimile transmission, electronic mail or registered or certified mail, return receipt requested, postage prepaid, to the addresses of the appropriate parties. All notices by hand delivery shall be effective upon receipt. All facsimile or electronic mail transmission shall be effective upon transmission receipt. All notices by mail shall be considered effective seventy-two (72) hours after deposit in the United States Mail with the proper address and postage. 19. The terms of this Agreement and the obligations, duties, responsibilities and benefits hereunder shall survive closing on any conveyance of real property described herein, and shall not merge with the deed or other conveyance documents. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year set forth next to their signatures. UNA DEVELOPMENT, LLC By: Purchaser of Parcel STATE OF COLORADO )ss. COUNTY OF GARFIELD Date: Date: Acknowledged, subscribed and sworn before me this day of 2008, by ,. Manager of Una Development, LLC. WITNESS my hand and official seal. My commission expires: 12 November 2008 Eric D. McCafferty, President Compass Mountain Land Use, LLC Post Office Box 86 Glenwood Springs, CO 81602 tele: 970.618.0837 compass@sopris.net sopris.net Ms Kathy Eastley, Planner Garfield County Planning Department 108 Eighth Street, Suite 401 Glenwood Springs, CO 81601 Via Hand Delivery RE: Strong Subdivision and Planned Unit Development Kathy, nty lanni Pursuant to the conditional approvals recommendedsubmitting, y bmitti g �exewitheld ure iced. subdivision and ng Commission at its hearing October 22, 2008, I am PUD documents. The PUD Guide, proposed draft declaration with the sovenants spand ecifthe proposed draft well -sharing agreement have been amended nci c recommendations and the Planning Commission recommendations and motion to approve_ The following sections have been amended: Planned Unit Develo merit Guide: Standard 9, page 6. The standard has been amended to allow lots to be used "in tandem" without being considered merged in title. Standard 14, page 6. This standard has been amended to create a tie to the section of ASTM that addresses the scope of a Phase I Environmental Site Assessment. Item 7, page 7. This item has been added to regulate the number of categorized uses that are allowed to be conducted on an individual lot to one (1). Draft Declaration f Covenants: General formatting changes have been made to the document. Former Section 3.08 addressing encroachments has been removed in its entirety. Section 4.01 has been amended to conform more closely to the PUD Guide, noting those uses allowed as uses--by-right and uses allowed by special review. This section creates additional ties to the PUD Guide in paragraphs (b) and (c). Section 4.14 Variances has been amended to state that the subdivision covenants shall not abrogate zoning. Section 11.03 Amendments has been amended to state that no amendment to the covenants shall have the effect of abrogating zoning. Well -Sharing Agreement: Item 3 has been amended to apportion the ownership interests from 1/5 interest to 1/6. Item 4 has been amended in a similar manner and giving the operation assessment to the Parcel Owner's Association. Item 6 has been amended similarly. According to my notes from the aforementioned hearing, these are the specific areas of required amendment to the documents. If you have any additional items that I have not addressed, please contact me at your convenience. Thank you. Sincerely, tC Eric D. McCafferty STRONG PLANNED UNIT DEVELOPMENT ZONING AND DEVELOPMENT CONTROL GUIDE Al Purpose To regulate land uses and impacts and to assure orderly use and maintenance of the development. B] Zone districts within the PUD i] Resource Support (RS) Zone District 2] Utility and Easement (UE) Zone District C] Definitions Communication Facility - A nonresidential structure supporting antennae and microwave dishes that disseminate radio frequency signals, including television and data impulses through space by means of radio and electromagnetic waves. Communication facilities include structures, towers and accessory buildings. Contractor Yard - The use of land within the PUD for the purpose of storing machinery, equipment and supplies for businesses that provide services to clients through the use of machinery, equipment and supplies. Such use may include office and repair facilities. Repair facilities and operations may be conducted within or outside of structures. Fabrication - The act of creating materials or products. Examples include, but are not limited to cabinet-making, woodworking, metal working, glazing, machining and welding, mixing of drilling fluids and similar materials. General Storage - The keeping of goods, materials, equipment, supplies, tools, machinery, automobiles and similar items. General storage is allowed within storage buildings or warehouses constructed within the PUD and also as open storage, in an orderly manner, within the boundaries of individual PUD lots. Long term storage of inoperable machines or vehicles shall not be allowed. Heavy Equipment - Generally inclusive of large vehicles such as graders, earthrnovers, cranes, oil and gas field equipment and similar vehicles and equipment, or any vehicle having a gross weight of 6000 pounds or greater. Material Handlin - The loading or unloading of goods, materials, and products, in bulk. Strong Subdivision Planned Unit Development Guide Page 1 of 7 Processing - Change in the physical state or chemical composition of matter. Examples include, but are not limited to, sawmill, creation of glass, ceramic or plastic materials, concrete and asphalt batch plants. Solar Power Generating System aka Solar Array - A device or system that converts the sun's radiant energy into thermal, chemical or electric energy. Such facilities are intended to create electricity to be delivered to a variety of consumers beyond the facility. Storage of Oil and. Gas Drilling Equipment and Supplies- The short-term or long-term storage of materials and supplies that are typically used in prospecting, drilling and servicing of oil and gas wells. Warehouse and Distribution Center - A structure or structures used principally for the inside storage and distribution of goods and materials, which includes land and buildings used as a relay station for the transfer of goods from one vehicle or party to another, and the parking and storage of tractor and/or other trailer units, D] Uses By Right - Resource Support District 1] Business offices associated with any categorized use. A] Business offices shall not exceed 1500 square feet. 131 Lot 1 shall be allowed two business offices, each up to 1500 square feet in size, each allowed up to three (3) full-time employees. C] Business offices on lots 2 through 5 shall be allowed one office on each lot and up to four (4) full-time employees per office. D] Business offices may be freestanding or incorporated into another structure. 2] Contractor Yard 3] Fabrication 4] General Storage 5] Storage of Heavy Equipment 6] Storage of Oil and Gas Drilling Equipment and Supplies 7] Communication Facility 8] Solar Power Generating System 9] Materials lab and testing 10] Material Handling El Uses Allowed by Special Review Resource Support District 1] Processing 2] Warehouse and Distribution Center 3] Concrete and asphalt batch plant(s) All uses allowed within the PUD by Special Use Review must receive approval by Garfield County prior to inception of the use. Strong Subdivision Planned Unit Development Guide Page 2 of 7 F] Uses Allowed by Right - Utility and Easement District 1] Installation and maintenance of utilities 2] Irrigation and drainage facilities and related structures 3] Access roads and driveways G] Lot Coverage and Setbacks Lot Coverage - Each individual parcel within the PUD is allowed to have structures, either singular or multiple, that may cover a maximum of 15% of the total lot area. Setbacks 1] Building Setback from County Road edge of right of way - 25 feet 2] Storage Setback from County Road edge of right of way - 15 feet 3] Setback from internal road system - 5 feet 4] Setback from reserved easements - 5 feet 5] Internal Lot Line Setbacks - zero (0) feet where lot lines are delineated by a fence or similar structure H] Maximum Height of Structures Within the PUD 1] Structure Height: 35 feet 2] Storage silos may be up to 40 feet in height. I] Parking 1] Office Parking Requirements: One (1) space per 200 square feet of office floor area. 2] Parking for storage purposes: Shall be allowed an the entire impervious area of a lot. 3] Parking shall not be allowed on or within the PUD road rights-of-way or easements. 41 One parking space per each full-time employee shall be provided on each parcel. This requirement is to be demonstrated at time of building permit submittal. J1 Fencing 1] Perimeter fencing is required on all parcels in the PUD. 2] No fencing shall be placed in any easement that will obstruct the function of the easement. 31 Maximum height of the fencing on any lot is restricted to ten (10) feet. If barbed wire will be utilized, it must be at least 6 feet off the ground. 4] Individual parcel owners or the lessee of the individual parcel shall be responsible for maintenance and upkeep of the fencing surrounding the parcel, 5] Any fencing that is shared by adjacent lots shall be maintained jointly by the adjacent parcel owners or lessees. Strong Subdivision Planned Unit Development Guide Page 3 of 7 K1 Lighting i] All lighting shall be downcast and shaded to limit glare or reflection on adjacent property. 2] Height of exterior lighting shall be limited to 20 feet. Li Signage 11 Each parcel shall be allowed no more than two (2) signs. One sign is allowed to be placed on a wall ofa structure or building, the second sign may be placed anywhere within the boundary of the parcel. A] Wall Signs - may be up to 64 square feet in size. B] Lot Signs - may be up to 32 square feet in size. Performance Standards This section shall regulate the operation of the allowed land uses within the PUD. The standards are intended to ensure compliance with the Industrial Performance Standards generally accepted by Garfield County. All operations shall be conducted in such a manner as to minimize heat, dust, smoke, vibration, glare and odor and all other undesirable environmental effects beyond the boundaries of the property. The Parcel Owner's Association shall be responsible for any enforcement action required under these regulations. Sound: Volume of sound generated shall comply with the standards set forth in the Colorado Revised Statutes; Vibration generated: Every use shall be so operated that the ground vibration inherently and recurrently generated is not perceptible, without the use of instruments, at any point of any boundary line of the property on which the use is located; Emission of smoke and particulate matter: Every use shall be operated so as to comply with all federal, state and county air quality laws, regulations and standards; Emission of heat, glare, radiation and fumes; Every use shall be operated so that it does not emit, heat, glare, radiation or fumes that substantially interfere with the existing use of adjoining property or that constitute a public nuisance or hazard. Flaring of gases, aircraft warning signals, reflective painting of storage tanks, or other such operations which may be required by law as safety or pollution control measures shall be exempted from these provisions. Strong Subdivision Page of 7 Planned Unit Development Guide All storage areas shall be operated within the following performance standards: 1] Storage of flammable or explosive solids or gases shall be in accordance with accepted standards and laws and shall comply with federal, state and local fire codes and written recommendations from the appropriate local fire protection district. 2] No materials or wastes shall be deposited on any lot within the PUD in such manner or form that they may be transferred off the property by any reasonable foreseen natural causes or forces. 3] Storage of heavy equipment will be allowed subject to the following standards: A] All equipment storage will be enclosed in an area with screening at least eight (8) feet in height and obscured from view at the same elevation or lower. B] Repair and maintenance activities requiring the use of equipment that will generate noise, odors or glare beyond the property boundaries may be conducted within a building or outdoors, so long as negative effects caused by these operations are not transmitted off the PUD site. Outdoor heavy equipment operation hours shall be between the hours of 6 am and 8 pm. C] All loading and unloading of vehicles shall be conducted on private property within the PUD and shall not be conducted on any development right-of-way. 4] Potential for water pollution: If any use is conducted in a manner whereby potential water pollution could occur, the use shall be required to install safeguards designed to comply with the regulations of all federal, state and county regulatory agencies. 5] All purchasers, leaseholders, occupants or users of the development are required to follow all regulations imposed herein. 6] All drainage ways, drainage structures, culverts, erosion control devices, detention ponds, etc., as approved and installed, must be kept in good useable condition. The parcel owner or the lessee shall be the entity responsible for maintenance and upkeep within the boundaries of the owned or leased parcel. 7] Control of fugitive dust on access roads and easements within the development is the responsibility of the Parcel Owners Association. Individual lot owners or lessees shall be responsible for the control of fugitive dust on individual parcels. 8] On lot fuel storage shall be limited to a single storage tank of up to one thousand (1000) gallons per developable lot. Adequate spill containment structures shall be designed and constructed for any parcel on which fuel is stored. The containment structure shall be capable of holding 110% of the maximum volume of the fuel storage tank and shall comply with all Federal, State and local regulations. Strong Subdivision Planned Unit Development Guide Page 5 of 7 4] All storage of materials shall be conducted in strict compliance with state and federal regulations. All required documentation shall be kept on-site and open for inspection. 5] All buildings and structures shall be finished with earth -tone colors, except where required by safety considerations. 6] Leasehold interests in individual parcels shall be allowed. Parcel 1 may have two (2) leasehold interests. Parcels 2 through 5, inclusive, are each allowed one (1) leasehold interest. 7] Individual parcels shall be allowed one (1) categorized use, as contained in Sections D and E herein, per leasehold or ownership interest. The uses may change, however, only one categorized use shall be allowed to be in operation at any given time. 8] Engineered individual sewage disposal systems are required for each lot. 9] One mobile office trailer is allowed on each parcel and may only be utilized in conformance with Section D(1) of these regulations. The mobile office trailer is temporary and must be removed upon issuance of the certificate of occupancy for the permanent office. 10] All hazardous and flammable materials are required to be handled in strict conformance with state and federal regulations. Strong Subdivision Page 7 of 7 Planned Unit Development Guide DECLARATION of PROTECTIVE COVENANTS FOR STRONG SUBDIVISION PLANNED UNIT DEVELOPMENT THIS DECLARATION is made this day of . 2008 UNA Development, LLC., a Colorado limited liability company ("Initial Owner"), RECITALS A. Initial Owner owns all of the real property interests legally described on Exhibit A attached hereto and by this reference incorporated rt a h herein igh (the "Property"), Initial Owner wishes to develop the Property as lity, aesthetically pleasing and harmoniously designede Planneddevelopments UnDeveloplarent (the "Development"). The law which generally go to the Development is the Colorado Common Interest Ownership e amended from Act (Article 33.3 of Title 38 of Colorado Revised Statutes) as t time to time (the "Act"). Under the Act, the Development would be considered a "common interest community" (as such term is defined in the Act) of the type known as a "planned community (as such term is defined in the Act) because portions of the Property are designated for separate ownership by individuals or entities and the remainder of the Property is designated for ownership by the "Association" (as such term is defined in Section 1.03 hereof). B. Under the provisions of Section 38-33.3-116 of the Act, a planned community which only units (as such term is defined in the Act) are restricted to nonresidential use and which is not subject to any "development rights" (as such term is defined in the Act) is subject only to the provisions of Sections 38-33.3- 105,38-33.3-106 and 38-33.3-107 of the Act unless the "declaration" (as such term is defined in the Act) provides that the entire Act is applicable.in Section 1 �06 4.01 hereof, the units are restricted to nonresidential use and hereof, Initial Owner declares that initial Owner isn declares t treservhat it ings initial development rights in this instrument. Initial Owner further s intention that the entire Act shall not apply to this instrument or the Development although specific provisions of the Act may be cra dIntotthis instrument by express reference herein so as to apply to theDevelopment ARTICLE 1 DECLARATIONS he 1.01: General Purposes. Initial Owner desires to lie elopmentsh a s to ensure by means of proper use and appropriate development of the mutually beneficial covenants, conditions and restrictions imposed on the Development for the benefit of Initial Owner and all future owners of any portion of the Development. 1 eof 1.02: Declaration. To further the purposes expressed in Section 1.01 Chert theo Initial Owner, for itself and its successors and assigns, hereby Property shall, at all times, be owned, held, used and occupied subject to the provisions of this instrument, to the covenants, conditions and restrictions herein and to all amendments and supplements hereto. 1.03: Name of the Development and Name of the Association. Initial Owner declares that the name of the Development Strong as ubdi is1on aPnned term Unit Development and that the name of the "unit own is defined in the Act) organized to govern and administer the Developmento po a ion(the Strong Subdivision Owners Association, a Cononprofit "Association") hat all of the 1.04: Location and T e of Develo merit. Initial Owner and that thetDevelopmtnt Development is situated in Garfield County, Colorado, is a planned community for the reasons set forth in the Recitals. 1.05: No Declarant. Initial Owner is entering into this instrument in its capacity as owner of the Property and declares that it is Initial Owner's intention in the Act) Owner shall not be considered a declarant (as such term is defined and, accordingly, Initial Owner shall not have either the rights orbi gonsofinstrument declarant under the Act, except the obligation to deliver a copy as recorded to the Assessor of Garfield County, Coloradoset create forth in ect on and 38- 33.3-1 05 of the Act. This instrument does, however, obligations of Initial Owner with respect to the Development which are similar to rights and obligation of a declarant under the Act, but the rights and obligations of Initial Owner are governed by the "Declaration" (as such term is defined in Section 2.07 hereof) and not by the Act. 1.06: No Development Rights. Initial Owner declares that it is Initial w Owner's intention that Initial Owner does not reserve any development nigh s tate which would include the rights to: (a) add real estate to the Development; units, or "common elements" or "limited common elements" (as such terms are defined in the Act) within the Development; (c) )bdithe Dniont subdivide units sor convert units into common elements or (d) withdraw real estate ARTICLE 2 In addition to the definitions set forth above or below, the following terms shall have the following meanings when used herein; 2 CERTAIN DEFINITIONS 2.01: Articles. "Articles" shall mean the articles of incorporation of the Association as the same may be amended from time to time. 2.02: Board of Directors, "Board of Directors" shall Aean the Bove ingghbodyterm s f the Association which is the "executive board of the defined and used in the Act). 2.03: Budget. "Budget" shall mean the plan for �ach fiscal year of o fundsAssociation for for the payment of current Common Expense , for the reservation the payment of future Common Expenses and for obtaining the funds required for such payments to be adopted by the Association in accordance with the provisions of Section 8.01 hereof. 2.04: BBylaws. "Bylaws" shall mean the bylaws of the Association in effect from time to time. 2.05: Common Area. "Common Area" shall mean the real property identified as rights-of-way and easements on the Plat which is intended for ownership by the Association. 2.06: Common Ex eases. "Common ExpenSes" shall mean perforditures mamance of ds orr liabilities incurred by or on behalf of the Association in the duties under the Declaration, the Articles, the Bylaws or the Rules, whether or not the same may be expressly declared to be Common Expenses. and all 2.07: Declaration. "Declaration" shall mean #nt and the Plat hehis instrument, �reaftere trecorded amendments and supplements to this mstrume in the real property records of Garfield County, Colorado. 2.08: Desin Guidelines. "Design Guidelines" the and by ithi�sgrefereince nes for the Development set forth on Exhibit B attached hereto incorporated herein. 2.09: Easeent. "Easement" shall mean the easement created pursuant to the provisions 3.02 hereto. 2.09: First Lienor. "First Lienor" shall mean: (a) a Lienholder which holding e di g a Security Interest encumbering any portion of the Development Lienholder holdinga Security date of recording of this instrument, and, (b) Interest encumbering a Parcel which is recorded after the herd date of Security cording of this instrument and which has priority over all 3 encumbering such Parcel, 2.10: Guest. "Guest" shall mean any individual who is present at the Property at the express or implied invitation of an Owner including, without limi taxi n, fries ends, an relatives, agents, contractors, employees, tenants or business an Owner. 2.11: Improvements. "Improvements" shall mean all buildings, structures, fences walls, parking areas and landscaped areas located on a Parcel, including all utility facilities and equipment located on that Parcel,hich that Parcel. only that Parcel and all other improvements which are constructed on 2.12: Lienholder. "Lienholder" shall mean: (a) the holder of a Security Interest encumbering any portion of the Property which is recorded on the date of this instrument and (b) the holder of a Security Interest encumbering a Parcel which is recorded after the date of this instrument without regardeeto the e priority the of such same Security Interest with respect to all Security Parcel. A First Lienor is also a Lienholder. 2.13: Parcel. "Parcel" shall mean any parcel of land designated as a Parcel on the Plat and which is intended for separate ownership by an Owner. Each parcel is identified by the number of such Parcel shown on the Plat. An individual Parcel may be referred to in the Declaration by such Parcel's number as shown on the Plat. A Parcel constitutes a unit as such term is used in the Act. For the purposes of this Declaration, the terms Parcel and Lot are interchangeable with each other and shall have the same meaning. 2.14: Owner. "Owner' shall mean any individual l�t�� any corporation, company, onprofit f limited corporation, partnership, limited partnership, partnership association, joint venture, trust, nonprofit association, cooperative or other legal entity capable of holding title to real property in Colorado that is the record owner of a fee simple interest in one or more Parcels according to the real property records of Garfield County, Colorado. Initial Owner is the initial owner of all of the Lots. 2.15: "Plat" shall mean the Final Plat of the Number Strong Subdivision Planned Unit Development, recorded 2008, at Reception of the real estate records of Garfield County, Colorado, and all amendments and supplements thereto, thereafter recorded in the real estate records of Garfield County, Colorado. 2.16: Rules. "Rules" shall mean the rules and rulations mannerffect frorn set forth tin the to time, as adopted by the Board of Directors i 4 Declaration, or pursuant to the Articles and Bylaws. 2.17: Security Interest. "Security Interest" shall mean an interest in real estate or personal property created by contract or conveyance securing payment or performance of an obligation which encumbers any portion of the Property and is recorded on the date of this instrument or which encumbers a Parcel and is recorded after the date of this instrument. A Security Interest includes a lien created by a mortgage, deed of trust, trust deed, security deed, contract for deed, land sales contract, lease intended as security, assignment of lease or rents intended as security, pledge of an ownership interest in an association, and any other consensual lien or title retention contract intended as security for an obligation. 2.18: Sharing Ratio. "Sharing Ratio" shall mean the "allocated interests" (as such term is defined in the Act) of each Lot which is equal to the fraction of one-fifth (1/5). The Sharing Ratio is utilized, among other things, to determine the fractional interest of the total liability for assessments for Common Expenses allocated to a Parcel pursuant to Section 8.05 hereof. The formula utilized to determine the Sharing Ratio of each Parcel is equahlly total liability Parcel.te Common Expenses and the total votes in the ARTICLE 3 PROPERTY RIGHTS 3.01: Parcels and Common Area. (a) The Plat divides the Property into five (5) Parcels and the Common Area. Initial Owner has not reserved umjngumber ht to aof Parcels whichadditional cmay beels to hmade, e Development so that the maxi mu to the Declaration, is five (5). (b) Initial Owner shall convey the Common Area to the Association after the recording of this instrument but in any Ownt ner. Suchor conothe veyance of thence of Commonl Parcels to Owners other than 1nittialwner. Area shall be made by a special warranty deed free and clear of all encumbrances except those matters set forth in a title commitment for the subject Parcel. (c) All Owners shall have a right and easement of enjoyment in and to the Common Area for the purposes for which the Common Area were designed, which right and easement shall be appurtenant to and shall pass with the title to the Parcels. Such use by an Owner shall be in common with all other Owners 5 without hindering, impeding or imposing upon rights andithe Ruother les. Any Owner in accordance with the provisions of the Declaration may delegate such Owner's right to use, benefit from and enjoy the Common Area to such Owner's Guests; provided, however, that such Owner shall be responsible for damages caused by any such Guest and for the violation by any such Guest of the provisions of the Declaration, the Articles, the Bylaws or the Rules in connection with the usage of the Common Area by any such Guest. 3.02: Easement. Initial Owner hereby makes, establishes, declares, grants and reserves a blanket easement in favor of each Owner and any governmental, quasi-govemmental or private entity providing utility services to any Parcel, over, under, across, upon, and through the Common Area for installing, replacing, repairing, maintaining and providing all utility services to the Improvements located on a Parcel, including, without limitation, water, gas, electric, storm sewer, sanitary sewer, cable television, satellite communications and telephone services. By virtue of this grant of easement, it shall be expressly permissible for the providing entity to erect and maintain the necessary facilities and equipment in the Development. Any entity providing such utility services shall be responsible for any damage caused by such entity to the Development while utilizing the Easement created by this Section 3.02 and for any costs incurred by the Association as a result of such damage and shall be further required to promptly repair or restore any portion of the Development disturbed or damaged by such entity's utilization of the Easement created by this Section 3.02. The Easement created by this Section 3.02 shall be appurtenant to each Parcel so that a transfer of title to any interest in such Parcel shall automatically transfer a proportionate interest in such Easement. 3.03: Title to Parcels. Title to a Parcel may be held individually or by any entity or in any form of concurrent ownership recognized in Colorado. In case of any such concurrent ownership, each co-owner shall be jointly and severally liable for performance and observance of all the duties and responsibilities of an Owner with respect to the Parcel in which such Owner owns an interest. 3.04: Legal Description. Any contract of sale, deed, lease, deed of trust, mortgage, will or other instrument affecting a Parcel shall legally describe it substantially as follows: "Parcel Strong Subdivision Planned Unit Development, according to the Plat for Strong Subdivision Planned �estatit Derecords lopment recorded 2008, at o ds of Garfield County, Colorado Reception Number of the real and subject to the Declaration for Strong Subdivision P.U.D recorded 2008 at Reception No. of the real estate records of Garfield County, Colorado." 6 o Every such description shall be good and sufficientcnot all purp ses tol,selll, convey, transfer, encumber, lease or otherwise only also the interest in the Easement made appurtenant to such Parcel by the Declaration. The interest in the Easement made appurtenant to any Parcel shall be deemed conveyed or encumbered with that Parcel, even though the legal description in the instrument conveying or encumbering such Parcel may only refer to that Parcel. The reference to the Declaration in any instrument shall be deemed to include any supplements or amendments to the Declaration, without specific reference thereto. 3.05: Separate Assessment. Initial Owner shall give written notice to the Assessor of Garfield County, Colorado requesting quesof thehG mmonParcels Areabbeseparately assessed assessed and taxed and that the total and taxed proportionately with each Parcel in accordance with such. Parcel's Sharing Ratio as provided in Sectionte 38-33.3-105 a�eid CauAn yer this , Colorado, Initial ument has been recorded in the real es Owner shall deliver a copy of this instrument as recorded to the Assessor of Garfield County. 3.06: Use Compliance. The use of the Parcels shall comply with: (a) the terms, conditions and obligations set forth in the Declaration; (b) the matters set forth on the Plat; (c) the terms, conditions and obligations set forth in the documents described in Exhibit C attached hereto; and (d) all present and future laws, rules, requirements, orders, directions, ordinances and regulations (including zoning regulations) affecting the Parcels of any governmental authority having jurisdiction over the Parcels and of their departments, bureaus or officials. 3.07: No Partition of Parcels. No Owner may assert any right of partition with respect to such Owner's Parcel. By becoming an Owner, each Owner waives any and all rights of partition such Owner may hold with respect to such Owner's Parcel. This Section 3.07 shall not, however, limit or restrict the right of the Owners of a Parcel to bring a partition action pursuant to Article 28 of Title 38 of Colorado Revised Statutes, requesting the sale of the Parcel and the division or the proceeds among such Owners; provided that no physical division of the Parcel shall be permitted as a part of such action and no such action shall affect any other Parcel or the Common Area. 3.08: No Mechanic's Liens. (a) If any Owner shall cause any material to be furnished to such Owner's Parcel or any labor to be performed therein or thereon, no Owner of any other Parcel shall under any circumstances be liable for the payment of any expense incurred or for the value of any work done or material furnished. All such work shall be at the expense of the Owner causing it 7 to be done, and such Owner shall be solely responsible to contractors, laborers, materialman's and other persons furnishing labor or materials to such Owner's Parcel Nothing herein contained shall authorize any Owner or any person dealing through, with or under any Owner to charge the Common Area or any Parcel other than that of such Owner with any mechanic's or materialman's lien or other lien or encumbrance whatever, On the contrary (and notice is hereby given), the right and power to charge any lien or encumbrance of any kind against the Common Area or against any Owner or any Owner's Parcel for work done or materials furnished to any other Owner's Parcel is hereby expressly denied. (b) If, because of any act or omission of any Owner, any mechanic's or materialman's lien or other lien or order for the payment of money shall be filed against the Common Area or against any other Owner's Parcel or against any other Owner or the Association (whether or not such lien or order is valid or enforceable as such), the Owner whose or which act or omission forms the basis for such lien or order shall at such Owner's own cost and expense cause the same to be canceled and discharged of record or bonded in an amount and by a surety company reasonably acceptable to the party or parties affected by such lien or order within 20 days after the filing thereof, and further shall indemnify and save all such parties harmless from and against any and all costs, expenses, claims, losses or damages, including reasonable attorneys' fees resulting therefrom. 3.09: No Dedication. Nothing contained in the Declaration (which includes the Plat) shall be deemed a grant or dedication of any portion of the Development to the public or for public use unless such grant or dedication is expressly provided for in the Declaration. ARTICLE 4 RESTRICTIONS 4.01: use Restrictions. (a)The use of all Lots shall be restricted to nonresidential uses and shall be governed by the Planned Unit Development Guide for Strong Subdivision which was recorded .2008, at Reception No. of the real estate records of Garfield County, Colorado, as the same may be amended from time to time. Without limiting the generality of the foregoing, the following uses shall be permitted on all Parcels: Uses -By -Right; (1) Business Offices associated with any of the following categorized uses; (2) Contractor Yard; (3) Fabrication; (4) General Storage; (5) 8 Storage of Heavy Equipment; (6) Storage of Oil and Gas Drilling Equipment and Supplies; (7) communication Facility; (8) Solar Power Generating System; (9) Materials Lab and Testing; (11) Material Handling; Uses By Special Review: (12) Processing; (13) Warehouse and Distribution Center; and (14) Concrete and Asphalt Batch Plant(s). (b) No Parcel shall be allowed a combination of categorized uses, except that each Parcel shall be allowed an office use conducted in tandem with the categorized use. (c) At any given time, Parcel 1 shall be allowed two (2) separate leasehold interests. Parcels 2 through 5, inclusive, shall each be limited to one (1) leasehold interest. (d) An Owner shall have the right to lease such Owner's Parcel upon such terms and conditions as such Owner may deem advisable; provided, however, that: (i) any such lease shall be in writing and shall provide that the lease is subject to the terms of the Declaration; (11) a Parcel may be leased only for the uses and occupancies described in this Section 4.01 hereof; and (ili) any failure of a lessee to comply with the terms of the Declaration, the Articles, the Bylaws, or the Rules shall constitute a default by such Owner under the applicable document. 4.02: Signs - (a) An Owner shall have the right to place no more than one monument sign per Parcel and one wall sign per business on a building identifying the business within that building on such Owner's Parcel. No signs of any kind or nature shall be placed on any portion of the Development by any Owner without the prior written approval of the Board of Directors of the design of any proposed sign in accordance with the provisions of Article 5 hereof, which approval may be granted or withheld by the Board of Directors based upon the Design Guidelines and the standard that all signs must be compatible with the architecture of the Development. (b) Initial Owner shall be entitled to place a monument sign which identifies the Development on the Common Area at Initial Owner's expense, but such sign shall be maintained by the Association and the costs of maintenance of such sign shall be a Common Expense. The Association shall have the right to cause no trespassing signs, signs concerning traffic and parking regulations, signs which identify the Development or other signs concerning the administration and management of the Development to be placed on the Common Area and such signs shall be a Common Expense. All such signs shall conform to the Design Guidelines as contained in the PUD Guide. 9 4.03: Service Yards and Fuel Storage. Each Parcel must maintain perimeter fencing. No storage shall be permitted outside of the enclosedservice yard. No above ground storage of fuel tanks shall be permitted any Parc for a s ill ess approved by the Board of Directors and unless such storage providesp containment area with a volume of at least 11 percent the Commostorage rage. amount. No items of any kind shall be stored on any portion 4.04: Trash. No trash shall be stored outside on a Parcel unless it is placed in a covered trash container which is located within an enclosed service yard. No refuse may be dumped or buried underground on any Parcel. No items of any kind shall be dumped on any portion of the Common Area. 4.05: Vehicles. No parking shall be permitted on any portion of the Common Area and no vehicles shall be parked on any portion Parcel designed for parking. N n a building located on the Parcel or the area of o inoperable vehicles will be allowed to be stored, Long-term, on any Parcel. 4.06: Animals. No animals shall be raised, bred, kept or regularly brought to the Development except for dogs or other animals which are trained to and are in fact assisting persons with disabilities and except for dogs which may be brought to the Development by an Owner if the conditions set forth in this Section 4.06 concerning dogs are met. The keeping of livestock, poultry, goats and other farm animals shall not be allowed. If an Owner desires to bring a dog to the Development, such Owner may do so only if there are adequate facilities, such as a fenced yard, dog run or kennel, to contain the dog. All dogs within fenced be in control of the person bringing the dog to the Development or kept yard, dog run or kennel and no dogs will be allowed to run at large in the Development. No contractor or subcontractor shall be allowed to bring dogs to the Development during the course of construction of the improvements on a Parcel, with the exception of bird feeders, the feeding baiting, salting or other means of attracting wildlife is not permitted in the Development. 4.07: No Noxious Offensive Hazardous or Annoying Activities. No noxious or offensive activity shall be carried on upon any part of the Development nor shall anything be done or placed on any part of the Development which is or may become a nuisance or cause any unreasonable disturbance or annoyance to others. No activities shall be conducted on any part of the Development which are or might be unsafe or hazardous to any person or property. No glaring light, loud or annoying sound or vibration, smoke or unpleasant odor arising from the use of a Parcel shall be permitted. 4.08: No imperiling of insurance. No Owner, no Owner's Guests, nor any lessee shall do anything or cause anything to be kept in or on the Development that might result in an increase in the premiums of insurance obtained by the 10 Association or which might cause cancellation of such insurance without the prior written consent of the Board of Directors first having been obtained. 4.09: No Violation of Law. No Owner, no Owner's Guests, nor any lessee shall do anything or keep anything in or on the Development which would be in violation of any statute, rule, ordinance, regulation, permit or other validly imposed requirement of any governmental body. 4.10: No Resubdivision. No Parcel shall be resubdivided into smaller tracts or lots. 4.11: Mining and Drilling. No Lot shall be used for thepurposeeofmining, ing, quarrying, drilling, boring or exploring for or removing oil, gas or hydrocarbons, minerals, rocks, stones, gravel or earth. 4.12: Solar Applications. The installation or use of either active or passive solar equipment shall not be prohibited or restricted solely on the basis of aesthetic considerations, unless such considerations are reasonable and do not significantly increase the cost of such installation or use. 4.13: Temporary Structures Occu•anc and lncom•lete Structures. No temporary structures or office trailers shall be allowed on any Parcel other than in connection with and during the period of construction, alteration or demolition of the improvements on a Parcel. No space or area of any improvement on a Parcel shall be occupied in any manner prior to completion of construction and the issuance of a temporary or permanent certificate of occupancy by the appropriate governmental authority with respect to such space or area. No partially completed structure shall be allowed to remain on a Parcel, except during the period of construction, alteration or demolition of such structure and providing that the completion of such construction, alteration or demolition is being pursued with reasonable diligence, 4.14: Variances. The Board of Directors shall be entitled to grant reasonable variances to the restrictions contained in this Article 4 in order to prevent undue hardship to any Owner or for any other good cause shown to exist by an Owner. Any such variance may be granted upon any such conditions as the Board of Directors shall determine. Variances shall not be allowed that may interfere with or abrogate the zoning of the Parcels within the Development. 4.15: Weeds. Weeds shall not be allowed to thrive anywhere in the development. The Parcel Owner's Association shall be authorized to ensure strict compliance with this section. Individual parcel owners or their lessees shall be required to remove or eradicate weeds growing on its Parcel(s). The owners association 11 shall be responsible for weed control and eradication on all common areas. 4.16: Drainage Easements. Drainage easements shall be under the control of the Parcel Owner's Association. No parcel owner or lessee shall obstruct any drainage area or improvement that would affect the proper functioning of the drainage easement or structure. ARTICLE 5 ARCHITECTURAL CONTROL 5.01: Design Approval. Initial Owner shall not be required to obtain the approval of the Association for the design of any Improvements to be constructed on any Parcel owned by Initial Owner, but such design shall conform to the Design Guidelines. Except for such construction by Initial Owner, no Improvements may be constructed on a parcel and no modifications to the exterior of any Improvements already constructed on a parcel (including without limitation an addition to the structure or the painting of a structure a different color than previously) may be undertaken without in each case obtaining the prior written approval of the Board of Directors of the design of the proposed construction or modification. The Board of Directors shall not be required to grant approval of the design of any construction or modification which would violate the use and occupancy restrictions of Section 4.01 hereof or any other restrictions contained in Article 4 hereof. In considering each request for design approval, the Board of Directors shall be guided by the Design Guidelines and shall attempt to assure that all Improvements within the Development are architecturally compatible and in a compatible color scheme while allowing reasonable and tasteful deviations from the architectural design and style of the Development. 5.02: Approval Procedures. Whenever any Owner requests design approval from the Board of Directors, the Board of Directors may request that such Owner provide the Board of Directors with such items as the Board may reasonably request in order to inform the Board of Directors about the matter requiring approval. The Board of Directors shall not be required to take any action with respect to a requested design approval unless and until the Board of Directors receives all items reasonably requested by the Board of Directors. Once all of such items have been furnished to the Board of Directors, the Board of Directors shall have 30 days to approve the request as submitted, to approve the request with such reasonable conditions as the Board of Directors may require or to reject the request and, if the Board of Directors does not so act within such 30 day period, the request shall be deemed approved as submitted. If the request is approved, the matter approved the Board of Dire torsby theand a y conditions placed wner in accordance with the items submitted t 12 upon such approval by the Board of Directors. 5.03: No Liability. The Board of Directors shall neither be responsible nor liable for damages because of any failure to act, disapproval nor failure to approve or disapprove any request for design approval or because of any defects in any items submitted to the Board of Directors in connection with any request for design approval. Any Owner requesting design approval by the Board of Directors by so doing agrees and covenants not to bring any action or suit to recover damages against the Board of Directors, its members as individuals, or its advisors, employees or agents or the Association and its officers and members. ARTICLE 6 THE ASSOCIATION 6.01: Membership. (a) initial Owner shall be a member of the Association for so long as Initial Owner is the Owner of any Parcel. Each individual and each corporation, nonprofit corporation, partnership, limited partnership, limited liability company, limited partnership association, joint venture, trust, nonprofit association, cooperative or other legal entity capable of holding title to real property in Colorado shall automatically become a member of the Association upon becoming an Owner of a parcel. Membership shall be continuous throughout the period that such ownership continues and shall be appurtenant to and inseparable from ownership of a parcel. Membership shall terminate automatically without any Association action whenever any initial Owner or any other Owner ceases to own any parcel. Termination of membership shall not relieve or release any former member from any liability or obligation incurred by virtue of or in any way connected with ownership of a parcel or impair any rights or remedies which the Association or others may have against such former member arising out of or in any way connected with such ownership or membership. (b) The total number of votes in the Association shall be five. The votes are hereby allocated equally to each parcel so that each parcel is entitled to one vote. If there is only one Owner of a parcel, such Owner shall be entitled to cast the vote allocated to such parcel at any meeting of the members. If there are multiple Owners of a parcel and only one of such multiple Owners is present at a meeting of the members, such Owner shall be entitled to cast the vote allocated to such parcel. If there are multiple Owners of a parcel and more than one of the multiple Owners of such parcel are present at a meeting of the members, the vote allocated to such parcel may be cast only in accordance with the agreement 13 of a majority in interest of such Owners as such agreement may be reasonably evidenced to the person presiding over such meeting. It is reasonable evidence of the agreement of a majority in interest of multiple Owners of a parcel if any one of such Owners casts the vote allocated to such parcel without protest being made promptly to the person presiding over the meeting of the members by any of the other Owners of such parcel. Each member which is a corporation, nonprofit corporation, partnership, limited partnership, limited liability company, limited partnership association, joint venture, trust, nonprofit association, cooperative or other legal entity capable of holding title to real property in Colorado shall from time to time designate in writing to the Association one or more individuals who may represent it at a meeting and vote on its behalf. Until the Association is notified in writing to the contrary, any action taken by any person(s) designated in writing to represent such member shall be binding upon such member. (c) The rights and obligations of members of the Association are further delineated in the Articles, the Bylaws and the Rules and each Owner is advised to obtain copies of the then current Articles, Bylaws and Rules upon becoming an Owner. (d) Each member shall comply strictly with the provisions of the Declaration, the Articles, the Bylaws and the Rules. The failure of a member to comply strictly with such provisions shall permit the Association to take the actions outlined in the Declaration, the Articles, the Bylaws and the Rules to enforce any such provisions. 6.02: Powers of the Association. (a) The Development shall be administered and managed by the Association pursuant to this Declaration, the Articles, the Bylaws and the Rules. The Association shall have all of the powers expressed in, or implied from, the provisions of Section 38-33.3-302(1) of the Ad and the provisions of the Declaration, the Articles, the Bylaws or the Rules subject, however, to the following limitations; (i) except for the power to grant easements, licenses and concessions through or over the Common Area set forth in Section 38-33.3-302(1 )(i) of the Act, the Association shall not convey or encumber the Common Area unless all Owners and all First Lienors have given their approval thereof; (ii) the Association shall be organized and operated exclusively for pleasure, recreational and other non-profitable purposes as set forth in Section 501(c) (7) of the internal Revenue Code of 1986, as it is now or may hereafter be 14 amended, or in any corresponding provisions of any future law of the United States of America providing for the exemption of similar organizations from income taxation; and (iii) no part of the net earnings of the Association shall inure to the benefit of any member of the Association. (b) Without limiting the generality of the foregoing, the Association shall have the power from time to time as it deems necessary and appropriate to adopt, amend and enforce the Rules in order to implement the provisions of the Declaration, including without limitation, Rules intended to promote the general health, safety and welfare of persons within the Development, to protect and preserve property and to regulate the use of the Common Area. (c) All of the Rules adopted by the Association shall be reasonable and shall be uniformly applied. The Association may provide for enforcement of the Rules through reasonable and uniformly applied fines and penalties, which shall be collectable by the Association as a charge pursuant to the provisions of Article 8 hereof. Each Owner, and such Owner's Guest, shall be obligated to and shall comply with and abide by the Rules and pay such fines or penalties upon failure to comply with or abide by the Rules. The Association shall not be responsible to any Owner or Guest for the non -observance by any other Owner or Guest of the Rules. 6.03: Board of Directors. The Board of Directors is hereby designated to act on behalf of the Association and shall be responsible for the control and management of the Association and the disposition of its funds and property; provided, however, that the Board of Directors may not act on behalf of the Association to: (a) amend the Declaration except in the instances set forth in the Declaration; (b) terminate the Development; or (c) elect directors or determine the qualifications, powers and duties, or terms of office of directors, but the Board of Directors may fill vacancies in the Board of Directors for the unexpired portion of any term. The number of directors, their terms of office and their qualifications shall be determined according to the laws. The members of the Association shall elect and may remove all directors. 6.04: Officers. The officers of the Association shall be a president, a secretary, a treasurer and such other officers s may from ti me of to me Association lbed by and thea Bylaws. The terms of office of the officers qualifications shall also be determined according to the Bylaws. The Board of Directors shall elect and may remove the officers of the Association. 15 ARTICLE 7 MAINTENANCE AND INSURANCE 7.01: Maintenance by Owners. Each Owner shall be responsible for maintaining in a clean, safe, attractive and sightly condition and in good order and repair all portions of such Owner's Parcel and Improvements. In performing such maintenance, no Owner shall do any act or work which impairs or otherwise affects the Common Area. If, in the reasonable judgment of the Association, an Owner has failed to maintain such Owner's parcel and improvements a clean, safe, attractive and sightly condition and in good order and repair, the Association may, after 10 days' notice to such Owner, perform all work deemed necessary by the Association to place such parcel and Improvements in conformity with the foregoing standards and shall have access to such parcel and Improvements for such purposes. The Association shall be reimbursed by the Owner who or which failed to adequately maintain such Owner's Lot and Improvements for all costs of the work performed by the Association pursuant to the authorization contained in the preceding sentence in the manner set forth in Section 8.04 hereof. 7.02: Maintenance by the Association. The Association shall be responsible for maintaining all portions of the Common Area. The costs of such maintenance shall be a Common Expense. If, however, the need to perform such maintenance results from the negligence or intentional act of an Owner or such Owner's Guests, such Owner shall reimburse the Association for all costs of such maintenance in the manner set forth in Section 8.04 hereof. 7.03: Insurance. (a) The Association shall provide and keep in force the following insurance: (1) Property damage insurance on any improvements that may be constructed on the Common Area insuring against loss by fire, lightning and the risks covered by the "all risks" endorsement of the insurer (which risks shall include at least vandalism, malicious mischief and those risks covered by a standard broad form coverage endorsement) in an amount not less than the full replacement cost of the insured property (without deduction for depreciation but less applicable deductibles and exclusive of the costs of land, excavation, foundations, paving and other items normally excluded from property policies) in an agreed endorsement amount. Such insurance may be carried in blanket policy 16 form naming the Association as the insured. Any Toss covered by such insurance must be adjusted with the Association whether or not the insurance proceeds with respect to that Toss are payable to the Association. Such insurance proceeds shall be payable to the Association unless the Association shall have previously designated in writing an insurance trustee for that purpose, but in no event shall such insurance proceeds be payable to any Lienholder. The Association or the insurance trustee receiving such insurance proceeds shall hold such insurance proceeds in trust for the Association, the Owners and the Lienholders as their interests may appear. Such insurance proceeds shall be disbursed in accordance with the provisions of Section 9.02 hereof and the Association, the Owners and the Lienholders are not entitled to receive payment of any portion of such insurance proceeds unless there is a surplus of such insurance proceeds after such disbursements have been made. (H) Commercial general liability insurance against claims and liability arising in connection with the ownership, existence, use, or management of the Common Area (including liability for death, personal injury and property damage) in the amount deemed sufficient by the Board of Directors insuring the Board of Directors, the Association, the managing agent (if any) and their respective employees, agents and all persons acting as agents, and the Owners (including Initial Owner). The policy of such insurance shall provide that it will also cover claims of one or more insured parties against other insured parties. (iii) Such other insurance in such amounts as the Association may consider necessary or advisable against such other insurable hazards as the Association may from time to time wish to insure against. (b) All insurance which is carried by the Association pursuant to the provisions of Section 7.03(a) hereof shall be issued by responsible insurance companies authorized to do business in the State of Colorado. Each policy of insurance described in Sections 7.03 (a)(i) and (ii) hereof shall contain the following provisions: (1) such policy shall not be materially modified or canceled without at least 30 days prior written notice to the Association and to each Owner and Lienholder whose or which address has been made known to the insurer; (ii) the insurer waives its rights of subrogation under such policy as to any claim against the Association, its officers, directors and employees, any Owner and members of such Owner's household and any Lienholder; (iii) each Owner is an insured person under such policy with respect to liability arising out of such Owner's membership in the Association; (iv) no act or omission by an Owner, unless acting within the scope of such Owner's authority on behalf of the Association, shall void such policy or operate as a condition to recovery under such policy: and (v) if, at the time of loss under such policy, there is other insurance in the name of an Owner covering the risk covered by such policy, the Association's 17 policy shall provide primary insurance. If the insurance described in Sections 7.03 (a)(i) and (ii) hereof is not reasonably available, or if any policy of such insurance is canceled or not renewed without a replacement policy therefore having been obtained, the Association promptly shall cause notice of such fact to be hand delivered or sent prepaid by United States mail to all Owners and to all Lienholders whose or which address has been made known to the Association. (c) Each Owner shall be solely responsible for obtaining and maintaining any insurance covering loss or damage to any Improvements located on such Owner's parcel and to any personal property on such Owner's parcel and covering liability for injury, death or damage occurring on such Owner's parcel. Any policy of such insurance shall contain waivers of subrogation as to any claim against the Association, its officers, directors and employees, any Owner and such Owner's Guests and any Lienholder and shall be so written that the liability of the insurers issuing insurance obtained by the Association shall not be affected or diminished thereby. (d) The costs of obtaining and maintaining all insurance which is carried by the Association pursuant to the provisions of Section 7.03(a) hereof shall be a Common Expense to be prorated among all Owners as set forth in the Declaration, notwithstanding the fact that the Owners may have disproportionate risk. To the extent that the Association settles claims under the insurance described in Section 7.03 hereof for damages to real property, any Owner whose or which negligence caused such loss shall reimburse the Association for the amount of all deductibles paid by the Association with respect to such claims in the manner set forth in Section 8.04 hereof. ARTICLE 8 ASSESSMENTS AND CHARGES 8.01: Annual Assessments. (a) Until the Association establishes an annual assessment for Common Expenses for the initial fiscal year of the Association, Initial Owner shall pay all. Common Expenses. The Association shall establish an annual assessment with respect to the initial fiscal year of the Association for the purpose of paying or creating a reserve for Common Expenses. assessment for the initial fiscal year of the Association and for each fiscal year 18 thereafter shall be based upon the Budget to be adopted by the Association. The Budget shall be based upon a good faith estimate of the Common Expenses to be paid or reserved for the fiscal year covered by the Budget including, without limitation, an estimate 'of the costs of the maintenance required to be performed by the Association pursuant to the provisions of Section 7.02 hereof during such fiscal year, an estimate of the costs of the insurance described in Section 7.03 hereof to be obtained by the Association during such fiscal year and an estimate of the amount of funds to be reserved during such year for the costs of the periodic refurbishing and replacement of those items which are to be maintained and repaired by the Association pursuant to the provisions of Section 7.02 hereof as such items wear out or become obsolete so that the costs of such periodic refurbishing or replacement may be paid through the annual assessments instead of special assessments. The annual assessment for each fiscal year shall be established only after a Budget is adopted in accordance with the provisions of Section 8.01(b) hereof. The Board of Directors may adjust the amount of an annual assessment during the fiscal year covered by such annual assessment from time to time as the Board of Directors may in its discretion deem necessary or advisable, but any such adjustment shall be based upon a revised Budget adopted by the Association in accordance with the provisions of Section 8.0 (b) hereof. (b)Beginning with the first fiscal year of the Association or in the event the Association desires to make an adjustment to an annual assessment previously established with respect to any such fiscal year, the Board of Directors shall adopt a proposed Budget to serve as the basis for the establishment of the annual assessment or the adjustment to the annual assessment (as the case may be). Within 30 days after the adoption of such proposed Budget, the Board of Directors shall mail, by ordinary first-class mail, or otherwise deliver a summary of such proposed Budget to all Owners and shall set a date for a meeting of Owners to consider ratification of such proposed Budget not less than 14 nor more than 60 days after mailing or other delivery of the summary. Unless at that meeting Owners holding 80 percent or more of the total votes in the Association reject such proposed Budget, such proposed Budget shall be considered ratified, whether or not a quorum is present. In the event such proposed Budget is rejected, the Budget last adopted by the Association shall be continued until such time as the Owners ratify a subsequent Budget proposed by the Board of Directors and the proposed annual assessment or adjustment to the annual assessment shall be based upon such continued Budget. 8.02: Special Assessments. In addition to the annual assessments authorized in Section 8.01 hereof, the Association may establish at any time a special assessment for the purpose of paying or creating a reserve for, in whole or in part, the cost of any expense which the Association is entitled to incur pursuant 19 to the provisions of this Declaration, the Articles or the Bylaws and which is not scheduled to be paid in a Budget adopted by the Association. No special assessment may be levied by the Association unless such special assessment has been approved by tile Board of Directors and by the majority vote of the Owners present in person or proxy at a meeting called for such purpose at which a quorum was present. 8.03: Payments of Assessments. All annual assessments shall be payable in equal monthly installments or, at the option of the Association, in equal quarterly installments. Each installment of the annual assessments shall be due on the first day of the period to which it relates in the amount specified in the most recent written notice from the Association until the Association notifies an Owner in writing of a different amount. At the option of the Association, special assessments may be payable in a lump sum or in quarterly or monthly installments. Each special assessment shall be due 30 days after the Association gives an Owner notice of the amount of such Owner's assessment. The Association may charge and collect a late charge in the amount of $25 (or in such other amount as may be established by the Board of Directors in the Rules) for any annual or special assessment which is not paid when due. In addition, the Association may charge and collect interest at an annual rate of 21 percent on any annual or special assessment which is not paid within 30 days after the due date thereof, which interest shall run from such due date until the date of payment If the Association engages an attorney to collect any annual or special assessment not paid when due, the Owner responsible for the payment of such annual or special assessment shall reimburse the Association for all costs of collection of such annual or special assessment including, without limitation, reasonable attorneys' fees. 8.04: Charges. Each Owner shall be liable for all charges with respect to such Owner or such Owner's Lot as set forth in the Declaration which include, but are not limited to, the costs to be reimbursed to the Association by an Owner pursuant to the provisions of Sections 7.01,7.02 and 7.03(d) hereof, fines and penalties for violations of the Rules as described in Section 6.02(b) hereof and the late charge described in Section 8.03 hereof_ Any charge shall be payable within 10 days after notice of the amount of such charge is delivered to an Owner and, if not paid when due, shall thereafter bear interest at an annual rate of 21 percent. If the Association engages an attorney to collect any such charge not paid when due, the Owner responsible for the payment of such charge shall reimburse the Association for all costs of collection of such charge including, without limitation, reasonable attorneys' fees. Any charge collected by the Association shall be used by the Association in furtherance of its duties hereunder or to defray Common Expenses. 20 8.05: Liability of Owners. The liability for annual and special assessments of the Common Expenses is hereby allocated equally to each parcel so that the Owners of each parcel are liable for a portion of the total amount of the annual and special assessments for the Common Expenses equal to such total amount multiplied by such Parcels Sharing Ratio; provided, however, that the Association may allocate on a reasonable basis the liability for annual and special assessments for those Common Expenses which benefit some but not all of the parcels to the Owners of each parcel so benefited. The amount of any annual and special assessment and charges payable with respect to an Owner or such Owner's parcel shall be a personal obligation of the Owner of such parcel and such Owner's heirs, devisees, personal representatives, successors and assigns and, if there are multiple Owners of one parcel, such obligation shall be a joint and several obligation of each Owner of such parcel. Except as set forth in Section 8.06 hereof, a party acquiring fee simple title to a parcel shall be jointly and severally liable with the former Owner of the parcel for all such amounts which had accrued and were payable at the time of the acquisition of fee simple title to the parcel by such party without prejudice to such party's right to recover any of such amounts paid by such party from the former Owner. No Owner shall be exempt from liability for payment of such Owner's share of the Common Expenses either by waiver of the use or enjoyment of the Common Area or Easement or by abandonment of such Owner's parcel. 8.06: Liability of Lienholders. The transfer of title to a parcel pursuant to a foreclosure of a Security Interest or pursuant to any procedure in lieu thereof shall extinguish the lien for annual and special assessments and charges against such parcel described in Section 8.07 hereof as to payments which become due prior to such transfer but only to the extent such Security Interest has priority over the Association's lien as specified in Section 38-33.3-316(2)(b) of the Act. A Lienholder shall not be personally liable for any assessment or charge payable by the Owner of the parcel encumbered by the Security Interest held by such Lienholder, but the Association agrees to accept any payment of such assessment or charge made voluntarily on behalf of such Owner by such Lienholder. 8.07: The Association's Lien. The Association shall have, from the date of recording of this instrument, a lien against each parcel to secure payment to the Association of all annual and special assessments with respect to such parcel and all charges with respect to each Owner of such parcel together with interest thereon at the annual rate of 21 percent from the due date thereof and together with all costs and expenses of collecting such assessments and charges including reasonable attorneys' fees. The Association's lien shall be prior and superior to all other liens and encumbrances on a parcel except: (a) liens and encumbrances recorded prior to the recordation of this instrument; (b) the 21 Security Interest of a First Lienor with respect to such parcel except to the extent specified in Section 38-33.3-316(2)(b) of the Act; (c) liens for real estate taxes and other governmental charges against such parcel and (d) mechanic's and materialman's liens which by law may be prior to the Association's lien. The Association's lien shall attach from the date of recording of this instrument and shall be considered perfected without the necessity of recording a notice of default and claim of lien. Nevertheless, the Association may, as evidence of the Association's lien but not as a condition to enforcement of the Association's lien, record a notice of default and claim of Hen executed by an officer or director of the Association and containing substantially the following information: (i) the legal description of the parcel against which the lien is claimed; (ii) the name of the defaulting Owner(s) of such parcel(s) indicated by the Association's records; (iii) the total unpaid amount together with interest thereon and the costs of collection as of the date of such notice; (iv) a statement that the notice of default and claim of lien is made by the Association pursuant to the Declaration; and (v) a statement that a lien is claimed and will be foreclosed against such parcel in an amount equal to the amount stated as then due and any additional amounts thereafter becoming due. If the Association elects to file such notice of default and claim of lien, the Association shall send a copy of such notice of default and claim of lien to all Owners and all Lienholders whose or which name and address were made known to the Association of the parcel against which such lien is claimed at their addresses last known to the Association within 10 days after the recording of such notice of default and claim of lien. The Association's lien may be foreclosed in the manner provided by Colorado for the foreclosure of mortgages encumbering real property. At its option, the Association may recover any amounts claimed to be due in a notice of default and claim of lien by an action for a money judgment. In any such foreclosure or action, the Owner(s) of the parcel subject to such foreclosure or action shall be required to pay the costs and expenses of such proceedings, including reasonable attorneys' fees. The Association shall be entitled to purchase the parcel at any foreclosure sale, and to acquire, hold, lease, mortgage or convey the same. In any such foreclosure or action, the Court may appoint a receiver to collect all sums alleged to be due from the Owner(s) prior to or during the pendency of such foreclosure or action. The Court may order the receiver so appointed to pay any sums held by such receiver to the Association during the pendency of such foreclosure or action to the extent of the unpaid annual and special assessments and charges. 8.08: Statement of Unpaid Assessments and Charges. The Association shall furnish to an Owner of a parcel, a designee of such Owner, a Lienholder with respect to a parcel or a designee of such Lienholder, upon receipt by the Association of a written request accompanied by the payment of a fee in the amount of $25 (or in such other amount as may be established by the Board of Directors in the Rules), a written statement setting forth the amount of the unpaid 22 annual and special assessments and changes, if any, with respect to such parcel. Such statement shall be furnished within 14 calendar days after receipt of such request and fee and is binding upon the Association, the Board of Directors and every Owner. If no statement is famished to the requesting party within such 14 calendar day period, then the Association shall have no right to assert a lien upon the parcel for unpaid annual and special assessments and charges which were due as of the date of the request. 8.09; Surplus Funds. Upon the determination by the Board of Directors that surplus funds of the Association remain after payment or provision for Common Expenses and any prepayment or provision for reserves, the Board of Directors may decide either to distribute such surplus funds to the Owners in accordance with the respective Sharing Ratios of their parcels or to credit such surplus funds to the Owners in accordance with the respective Sharing Ratios of their parcels against their respective liabilities for future Common Expenses. ARTICLE 9 DAMAGE OR DESTRUCTION 9.01: Requirement of Repair and Restoration. In the event of any damage or destruction to any portion of the improvements located on the Common Area for which insurance is required to be maintained by the Association under the provisions of Section 7.03(a)(i) hereof, the Association shall cause such damaged or destroyed portion of the Development to be fully repaired or restored promptly after the occurrence of such damage or destruction unless such repair or restoration would be illegal under any state or local statute or ordinance governing health or safety. 9.02: Insurance Proceeds. The insurance proceeds paid to the Association as a result of the damage or destruction of any portion of the improvements located on the Common Area shall be disbursed by the Association first to the expenses of the repair or restoration of the damaged or destroyed portion of such improvements and the remainder shall be disbursed to the Owner of each parcel or the Lienholder with respect to such parcel, as their interests may appear, in accordance with the Sharing Ratio of such parcel. If the costs of the repair or restoration of the damaged or destroyed portion of the improvements located on the Common Area required by Section 9.01 hereof are in excess of the insurance proceeds paid to the Association as a result of such damage or destruction, the excess amount shall be a Common Expense payable by the Owners in accordance with the respective Sharing Ratios of their parcels. 9.03: Notice to Lienholders. Promptly after the occurrence of any fire or other 23 casualty which causes damage or destruction of any portion of the improvements located on the Common Area for which insurance is required to be maintained by the Association under the provisions of Section 7.03 hereof and which the Association estimates will cost $10,000.00 or more to repair, the Association shall deliver written notice thereof to all Lienholders whose or which address has been made known to the Association. The delivery of such written notice shall not be construed as imposing any liability whatever on any Lienholder to pay all or any part of the costs of repair or restoration. ARTICLE 10 CONDEMNATION If all or any portion of the Common Area is taken under any statute, by right of eminent domain, or by purchase in lieu thereof, then the Association (as attorney-in-fact for the Owners) shall collect the award made in such taking, shall promptly cause the portion of the Common Area not so taken to be restored. The costs of such restoration in excess of the amount of the award for such taking shall be a Common Expense payable by the Owners in accordance with the respective Sharing Ratio of their parcels. The amount of the award paid to the Association as a result of any such taking which is not used for such restoration shall be disbursed by the Association to the Owner of each parcel or the Lienholder with respect to such parcel. as their interests may appear, in accordance with the Sharing Ratio of such parcel. ARTICLE 11 MISCELLANEOUS PROVISIONS 11.01: Enforcement and Remedies. The provisions of the Declaration which create certain rights in initial Owner shall be enforceable by Initial Owner and the other provisions of the Declaration shall be enforceable by the Association. In enforcing the Declaration, the Association shall be entitled to utilize any of the remedies set forth in Article 8 hereof and both Initial Owner and the Association and any other party entitled to enforce the Declaration shall be entitled to any remedy at law or in equity including without limitations, an action seeking a prohibitive or mandatory injunction or damages or both. In any action for the enforcement of the Declaration, the party or parties against which or whom enforcement is sought shall pay the reasonable attorney's fees and costs, including the reasonable attorney's fees for any appeal, incurred by the party enforcing the Declaration in the amount determined by the Court if the party enforcing the Declaration is the prevailing party in such action. The issuance of a building permit or certificate of occupancy which may be in contravention of the 24 Declaration shall no prevent enforcement of the Declaration. All cost incurred by the Association in the enforcement of the Declaration shah be a Common Expense. 11.02: Duration. The Declaration shall continue and remain in full force and effect in perpetuity, as the same may be amended from time to time in accordance with the provisions of Section 11.03 hereof, unless the Declaration is sooner terminated by an amendment made in accordance with the provisions of Section 11.03 hereof. 11.03: Amendment. The provisions of the Declaration which create certain rights in Initial Owner may be amended only with the prior written consent of Initial Owner. Any amendment to the Declaration which proposes to terminate the Declaration or which proposes to amend the provisions of the Declaration pertaining to the Sharing Ratio of each parcel, the allocation of the liability for Common Expenses and voting rights to each parcel and the rights of Lienholders under the Declaration must be signed by all Owners and consented to in writing by all of the Lienholders whose or which name and address have been made known to the Association. The Association shall be entitled to amend the Declaration in those circumstances set forth in Section 38-33.3-107of the Act Except for the foregoing amendments, the provisions of this Declaration may be amended only by the recording of a written instrument or instruments specifying the amendment signed by the Owners who or which are entitled to vote at least 80 percent of the total votes in the Association. No amendment to this Declaration shall have the effect of abrogating the zoning of the development. 11.04: Covenants Running with the Land. Each provision of the Declaration, and any agreement, promise, covenant and undertaking to comply with each provision of the Declaration shall be deemed a covenant running with the land as a burden with and upon the title to each parcel of real property within the Development for the benefit of any other real property within the Development. 11.05: Limited Liability. A director or an officer of the Association shall not be liable for actions taken or omissions made in the performance of his or her duties except for wanton and willful acts or omissions. The liability of directors and officers shall be further limited by the provisions of Parts 4 and 5 of Article 128 of Title 7 of Colorado Revised Statutes and the provisions of the Articles and the Bylaws. Neither Initial Owner nor any member, manager, agent or employee of Initial Owner shall be liable to any party for any action or for any failure to act with respect to any matter arising in connection with the Declaration if the action taken or failure to act was in good faith and without malice. 11.06: Successors and Assigns. Except as otherwise provided herein, the 25 Declaration shall be binding upon and shall inure to the benefit of Initial Owner and each subsequent Owner and their respective heirs, devisees, personal representatives, successors and assigns. initial Owner and each subsequent Owner shall be fully discharged and relieved of liability with respect to the obligations of such party under the Declaration upon ceasing to awn an interest in a parcel and upon the payment of all sums and the performance of all other obligations of such party under the Declaration up to the time such party ceased to own an interest in a parcel. 11.07: Successors to Initial Owner. The following shall be successors to Initial Owner: (a) any party to whom or which Initial Owner conveys all parcels then owned by Initial Owner and assigns all rights of Initial Owner under the Declaration and who or which assumes all of Initial Owner's obligations under the Declaration; and (b) any Lienholder who or which obtains title to all parcels owned by Initial Owner through foreclosure of the Security Interest held by such Lienholder or through any proceeding in lieu of such foreclosure and who or which assumes all of Initial Owner's obligations under the Declaration. 11.08: Notices to Owners and Association. Each Owner shall register such Owner's mailing address with the Association, and except for statements for the assessments, notices of Association meetings, other routine notices and notices which may be sent in another manner in accordance with the provisions of the Declaration, all notices or demands intended to be served upon an Owner shall be sent by either registered or certified mail, postage prepaid, addressed in the name of the Owner at such registered mailing address. If an Owner fails to register such Owner's mailing address with the Association, such Owner's mailing address shall be deemed to be the address of such Owner's parcel. All notices, demands or other notices intended to be served upon the Association shall be sent certified mail, postage prepaid, to the address of the Association as designated in the Bylaws. 11.09: Severability. Invalidity or unenforceability of any provision of the Declaration in whole or in part shall not affect the validity or enforceability of any other provision or any valid and enforceable part of a provision of the Declaration. 11.10: Captions. The captions and headings in the Declaration are for convenience only and shall not be considered in construing any provisions of this Declaration. 11.11: Construction. When necessary for proper construction, the masculine of any word used in the Declaration shall include the feminine or neutered gender, 26 and the singular the plural and vice versa. 11.12: Governing Law. The Declaration shall be governed by and construed under Colorado law. IN WITNESS WHEREOF, the parties have executed this Declaration on the day and year set forth next to their signatures. UNA DEVELOPMENT, LLC Date: By: STATE OF COLORADO ) )ss. COUNTY OF GARFIELD ) Acknowledged and sworn before me this day of 2008, by Manager of Una Development, LLC. WITNESS my hand and official seal. My commission expires: 27 WELL SHARING AGREEMENT THIS AGREEMENT is entered into by and between UNA DEVELOPMENT, LLC, a Colorado Limited Liability Company, and lot purchasers of lots within the Strong Subdivision Planned Unit Development. WITNESSETH WHEREAS, Una Development (hereinafter Developer) owns certain property in Garfield County, Colorado, specifically the Strong Subdivision and Planned Unit Development (hereinafter Development), County of Garfield, State of Colorado the final plat of which is recorded as Reception Number m the Garfield County Clerk and Recorder's Office; and WHEREAS, a water well commonly referred to as the Strong Well and permitted as Colorado Division of Water Resources Well Permit Number 67484-F (a copy of said permit is attached hereto as Exhibit A and incorporated herein by this reference), currently exists on Parcel 3, and provides a water supply to all parcels in the development. WHEREAS, the parties desire to ensure the supply of water to all parcels in the development now and in the future, and desire to set forth their understanding and agreements with regard to the future ownership, use and maintenance of the Strong Well. NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained herein, the adequacy and sufficiency of which is hereby acknowledged, the partes agree as follows: 1. The Strong Well structure and related facilities, including the pump, pipelines, well equipment, and well permit, shall be owned by the PUD Parcel Owners Association. The parties further agree that their respective interests in the Strong Well shall be appurtenant to the benefited parcels, and such interests may not be conveyed separately for the respective parcels. The water rights for the well, as augmented, are owned by the Strong Subdivision PUD Parcel Owners Association for the benefit of all owners. 2. Una Development will reserve andior convey all necessary easements to the other parcel owners for supplying water to all parcels in the development, and for the operation, maintenance, repair and replacement of the Strong Well, its pump, pipelines and well equipment. 3. All costs incurred for the operation, repair, maintenance and replacement of the Strong Well, its pump, common pipelines and well equipment which are deemed to commonly benefit the owners shall be paid according to the following formula: Parcel 1 two -sixths (2/6); Parcels 2 through 5, inclusive, one-sixth (1/6). However, each owner shall bear the cost of operation, repair, maintenance and replacement of pipelines or other components which are not used in common, but which are used solely to provide water service to that owner's parcel. It is the intent of the parties that each owner will be solely responsible for the operation, repair, maintenance and replacement of that part of the water delivery system which is solely used to provide water service from the well to that owner's parcel. 4. The parties acknowledge that pump electric charges will be paid by the Parcel Owner's Association. Monthly dues will be assessed by the Parcel Owner's Association, a portion of the assessment shall include the electric bill for the Strong Well. Parcel 1 shall pay two -sixths of the bill, Parcels 2 through 5, inclusive, shall each pay one-sixth (1/6). 5. In the event that any owner determines that repair, maintenance, improvements, or replacements are necessary for the well structure, pipelines or appurtenant common facilities, such owner shall notify the other owners in writing. The owners agree to cooperate for the purpose of entering into mutual agreements for completion and payment of such repairs, maintenance, improvement or replacement costs. Should the parties fail to reach mutual agreement on payment or shared costs and expenses, the Parcel Owner's Association for the development shall be authorized to hear and settle such a dispute after review of all facts, which decision shall be binding on all owners. Any owner shall be entitled to make any and all reasonable improvements in an emergency which are essential for the proper functioning of the well, pump, pipeline or appurtenant facilities and to seek reimbursement from the other owners. 6. The parties agree that all common expenses and costs incurred for the operation, repair, maintenance and replacement of the well, its pump and common pipelines shall be paid by the PUD Parcel Owners Association. 7. Each owner shall be entitled to its proportionate share of the water produced from the Strong Well, subject to the Declaration of Covenants of the development and the conditional approval of Well Permit #67484-F. No owner shall use more that its proportionate share of the water physically available from the well. Each party agrees that the water withdrawn for the well shall be used only for those uses itemized in the Planned Unit Development Guide recorded at Reception Number in the records of the Garfield County Clerk and Recorder. The parties further agree that the water from the Strong Well shall be used in accordance with any other terms and conditions imposed on the well permit. 8. No owner may waste water, and each owner shall exercise prudence and conservation in the use of the water. The owners each agree to exercise such prudence and conservation to allow for efficient and beneficial use of the well and to avoid burdening the aquifer and well pump unnecessarily. 9. In the event that any government or judicial authority imposes future requirements or restrictions on the use of the Strong Well, the owners agree to mutually comply with such requirements to ensure a continuing water supply for each parcel. The parties agree to share equally in any costs associated with such compliance. 10. In the event the Strong. Well should ever run dry or fail for any reason, the owners may decide either to redrill the well or drill a new well. Should the owners fail to reach agreement on the proper remedy, the Parcel Owner's Association shall be requested to make such a decision, which decision shall be binding on the owners. 11. This Agreement shall inure to the benefit of and be binding upon the parties, their heirs, devisees, executors, administrators, transferees and successors in interest. 12. The language used in this Agreement and all parts thereof shall be construed as a whole according to its plain meaning and not strictly for or against any party. 13. If any covenant, term, condition or provision contained in this Agreement is held by a court of competent jurisdiction to be invalid, illegal or unenforceable in any respect, such covenant, term, condition or provision shall be severed or modified to the extent necessary to make it enforceable, and the resulting agreement shall remain in full force and effect. 14. This document embodies the entire and complete agreement of the parties on the subject matter herein. No promise or undertaking has been made by any party, and no understanding exists with respect to the transactions contemplated, except as expressly set forth herein. All prior and contemporaneous negotiations and understanding between the parties are integrated and merged into this Agreement. 15. This Agreement may be amended from time to time by amendments made by the parties in written form and executed in the sane manner as this Agreement. This Agreement shall be recorded with the Garfield County Clerk and Recorder. Any future amendment to the Agreement shall also be recorded in the same manner. 16. The Developer states this agreement shall run with the parcels of land as described on the Final Plat of the Strong Subdivision and Planned Unit Development, Garfield County, CO, and any amendments thereto, and be a burden and benefit upon those properties. 17. This Agreement may be executed in duplicate original counterparts, each of which shall constitute an original but all which shall constitute one and the same document. 18. All notices required under this Agreement shall be in writing and shall be hand delivered or sent by facsimile transmission, electronic mail or registered or certified mail, return receipt requested, postage prepaid, to the addresses of the appropriate parties. All notices by hand delivery shall be effective upon receipt. All facsimile or electronic mail transmission shall be effective upon transmission receipt. All notices by mail shall be considered effective seventy-two (72) hours after deposit in the United States Mail with the proper address and postage. 19. The terms of this Agreement and the obligations, duties, responsibilities and benefits hereunder shall survive closing on any conveyance of real property described herein, and shall not merge with the deed or other conveyance documents. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year set forth next to their signatures. UNA DEVELOPMENT, LLC By: Purchaser of Parcel STATE OF COLORADO )ss. COUNTY OF GARFIELD Date: Date: Acknowledged, subscribed and sworn before me this day of 2008, by , Manager of Una Development, LLC. WITNESS my hand and official seal My commission expires: 9] Parcels within the development may be used in tandem without being considered to have merged in title. However, no resubdivision of the original five (5) parcels shall be allowed. 10] Fire extinguishers shall be required to be kept and maintained on each parcel. The fire extinguisher shall be placed in a conspicuous location with ease of access being mandatory. 11 ] All fabrication and repair operations shall be conducted within a building. 12] All storage of heavy equipment shall be within a building or enclosed within a fenced area and screened from view along the County Road. 13] All on-site refuse containers must have functioning lids and proper care shall be taken to ensure no trash is removed from the container by the forces of nature. 14] Prior to building permit submittal to Garfield County for any parcel within the PUD, a Phase One Environmental Site Assessment, within the scope of American Society for Testing and Materials Practice E 1527-05, as the same may be amended, shall be performed by the lot owner or lot lessee at the expense of the lot owner or lot lessee. Prior to abandonment of the site by the lot owner or lot lessee, a Phase One Environmental Study shall be completed and any remediation necessary, as identified by the Study, shall be completed by the lot owner or lessee at his expense. 15] A Public Water System will be permitted through Colorado Department of Public Health and Environment at such time the water system is expected to regularly serve an average of 25 individuals for an average of 60 days per year. General Allowances, Maintenance and Upkeep of the Land Within the Development 1] All uses of land and structures within the Development shall be in an orderly fashion. No use of the land shall be for the long-term storage (defined as storage in excess of 120 days) of inoperable machinery, equipment, automobiles or waste materials such as trash, tires, pallets, empty drums or any similar items. All vehicles stored within the PUD shall maintain current Colorado registrations and licenses. 2] No outside watering of landscaping shall be allowed within the PUD unless an individual lot owner or lessee obtains a sufficient amount of irrigation water and applies for the necessary permits. 3] Individual parcel owners or lessees shall be responsible for weed control on their respective parcel(s). Weeds shall not be allowed to thrive anywhere within the boundaries of the development. Strong Subdivision Planned Unit Development Guide Page 6 of 7 4] All storage of materials shall be conducted in strict compliance with state and federal regulations. All required documentation shall be kept on-site and open for inspection. 5] All buildings and structures shall be finished with earth -tone colors, except where required by safety considerations. 6] Leasehold interests in individual parcels shall be allowed. Parcel 1 may have two (2) leasehold interests. Parcels 2 through 5, inclusive, are each allowed one (1) leasehold interest. 7] Individual parcels shall be allowed one (1) categorized use, as contained in Sections D and E herein, per leasehold or ownership interest. The uses may change, however, only one categorized use shall be allowed to be in operation at any given time. 8] Engineered individual sewage disposal systems are required for each lot. 9] One mobile office trailer is allowed on each parcel and may only be utilized in conforrnance with Section D(1) of these regulations. The mobile office trailer is temporary and must be removed upon issuance of the certificate of occupancy for the permanent office. 10] All hazardous and flammable materials are required to be handled in strict conformance with state and federal regulations. Strong Subdivision Page 7 of 7 Planned Unit Development Guide DECLARATION of PROTECTIVE COVENANTS FOR STRONG SUBDIVISION PLANNED UNIT DEVELOPMENT THIS DECLARATION is made this day of . 2008 UNA Development, LLC., a Colorado limited liability company ("Initial Owner"), RECITALS A. Initial Owner owns all of the real property interests legally described on Exhibit A attached hereto and by this reference incorporated herein (the "Property"), Initial Owner wishes to develop the Property as a high quality, aesthetically pleasing and harmoniously designed Planned Unit Development (the "Development"). The law which generally governs developments similar to the Development is the Colorado Common Interest Ownership Act (Article 33.3 of Title 38 of Colorado Revised Statutes) as the same may be amended from time to time (the "Act"). Under the Act, the Development would be considered a "common interest community" (as such term is defined in the Act) of the type known as a "planned community" (as such term is defined in the Act) because portions of the Property are designated for separate ownership by individuals or entities and the remainder of the Property is designated for ownership by the "Association" (as such term is defined in Section 1.03 hereof). B. Under the provisions of Section 38-33.3-116 of the Act, a planned community which only "units" (as such term is defined in the Act) are restricted to nonresidential use and which is not subject to any "development rights" (as such term is defined in the Act) is subject only to the provisions of Sections 38-33.3- 105,38-33.3-106 and 38-33.3-107 of the Act unless the "declaration" (as such term is defined in the Act) provides that the entire Act is applicable. In Section 4.01 hereof, the units are restricted to nonresidential use and in Section 1.06 hereof, Initial Owner declares that Initial Owner is not reserving development rights in this instrument. Initial Owner further declares that it is initial Owner's intention that the entire Act shall not apply to this instrument or the Development although specific provisions of the Act may be incorporated Into this instrument by express reference herein so as to apply to the Development ARTICLE 1 DECLARATIONS 1.01: General Purposes. Initial. Owner desires to establish a means to ensure the proper use and appropriate development of the Development by means of mutually beneficial covenants, conditions and restrictions imposed on the Development for the benefit of Initial Owner and all future owners of any portion of the Development. 1 1.02: Declaration. To further the purposes expressed in Section 1.01 hereof, Initial Owner, for itself and its successors and assigns, hereby declares that the Property shall, at all times, be owned, held, used and occupied subject to the provisions of this instrument, to the covenants, conditions and restrictions herein and to all amendments and supplements hereto. 1.03: Name of the Development and Name of the Association. Initial Owner declares that the name of the Development Strong Subdivision Planned Unit Development and that the name of the "unit owners association" (as such term is defined in the Act) organized to govern and administer the Development is Strong Subdivision Owners Association, a Colorado nonprofit corporation (the "Association") 1.04: Location and Type of Development. Initial Owner declares that all of the Development is situated in Garfield County, Colorado, and that the Development is a planned community for the reasons set forth in the Recitals. 1.05: No Declarant. Initial Owner is entering into this instrument in its capacity as owner of the Property and declares that it is Initial Owner's intention that Initial Owner shall not be considered a "declarant" (as such term is defined in the Act) and, accordingly, Initial Owner shall not have either the rights or obligations of a declarant under the Act, except the obligation to deliver a copy of this instrument as recorded to the Assessor of Garfield County, Colorado set forth in Section 38- 33.3-1 05 of the Act. This instrument does, however, create certain rights and obligations of initial Owner with respect to the Development which are similar to rights and obligation of a declarant under the Act, but the rights and obligations of Initial Owner are governed by the "Declaration" (as such term is defined in Section 2.07 hereof) and not by the Act, 1.06: No Development Rights. Initial Owner declares that it is Initial Owner's intention that Initial Owner does not reserve any development rights which would include the rights to: (a) add real estate to the Development; (b) create additional units, or "common elements" or "limited common elements" (as such terms are defined in the Act) within the Development; (c) subdivide units or convert units into common elements or (d) withdraw real estate from the Development. ARTICLE 2 In addition to the definitions set forth above or below, the following terms shall have the following meanings when used herein; 2 CERTAIN DEFINITIONS 2.01: Articles. "Articles" shall mean the articles of incorporation of the Association as the same may be amended from time to time. 2.02: Board of Directors. "Board of Directors" shall mean the governing body of the Association which is the "executive board" of the Association (as such term is defined and used in the Act). 2.03: Budget. "Budget" shall mean the plan for each fiscal year of the Association for the payment of current Common Expenses, for the reservation of funds for the payment of future Common Expenses and for obtaining the funds required for such payments to be adopted by the Association in accordance with the provisions of Section 8.01 hereof. 2.04: Bylaws. "Bylaws" shall mean the bylaws of the Association in effect from time to time. 2.05: Common Area, "Common Area" shall mean the real property identified as rights-of-way and easements on the Plat which is intended for ownership by the Association. 2.06: Common Expenses. "Common Expenses" shall mean expenditures made or liabilities incurred by or on behalf of the Association in the performance of its duties under the Declaration, the Articles, the Bylaws or the Rules, whether or not the same may be expressly declared to be Common Expenses. 2.07: Declaration. "Declaration" shall mean this instrument, the Plat and all amendments and supplements to this instrument and the Plat hereafter recorded in the real property records of Garfield County, Colorado. 2.08: Design Guidelines. 'Design Guidelines" shall mean the design guidelines for the Development set forth on Exhibit B attached hereto and by this reference incorporated herein. 2.09: Easement. "Easement" shall mean the easement created pursuant to the provisions of Section 3.02 hereto, 2.09: First Lienor. "First Lienor" shall mean: (a) a Lienholder holding a Security Interest encumbering any portion of the Development which is recorded after the date of recording of this instrument, and, (b) a Lienholder holding a Security Interest encumbering a Parcel which is recorded after the date of recording of this instrument and which has priority over all other Security interests 3 encumbering such Parcel, 2.10: Guest. "Guest" shall mean any individual who is present at the Property at the express or implied invitation of an Owner including, without limitation, friends, relatives, agents, contractors, employees, tenants or business invitees of an Owner. 2.11: Improvements. "Improvements" shall mean all buildings, structures, fences walls, parking areas and landscaped areas located on a Parcel, including all utility facilities and equipment located on that Parcel, which serve only that Parcel and all other improvements which are constructed on that Parcel. 2.12: Lienholder. "Lienholder" shall mean: (a) the holder of a Security Interest encumbering any portion of the Property which is recorded on the date of this instrument and (b) the holder of a Security Interest encumbering a Parcel which is recorded after the date of this instrument without regard to the priority of such Security Interest with respect to all Security Interests encumbering the same Parcel. A First Lienor is also a Lienholder. 2.13: Parcel. "Parcel" shall mean any parcel of land designated as a Parcel on the Plat and which is intended for separate ownership by an Owner. Each parcel is identified by the number of such Parcel shown on the Plat. An individual Parcel may be referred to in the Declaration by such Parcel's number as shown on the Plat. A Parcel constitutes a unit as such term is used in the Act. For the purposes of this Declaration, the terms Parcel and Lot are interchangeable with each other and shall have the same meaning. 2.14: Owner. "Owner" shall mean any individual or any corporation, nonprofit corporation, partnership, limited partnership, limited liability company, limited partnership association, joint venture, trust, nonprofit association, cooperative or other legal entity capable of holding title to real property in Colorado that is the record owner of a fee simple interest in one or more Parcels according to the real property records of Garfield County, Colorado. Initial Owner is the initial owner of all of the Lots. 2.15: "Plat" shall mean the Final Plat of the Strong Subdivision Planned Unit Development, recorded 2008, at Reception Number of the real estate records of Garfield County, Colorado, and all amendments and supplements thereto, thereafter recorded in the real estate records of Garfield County, Colorado. 2.16: Rules."Rules" shall mean the rules and regulations in effect from time to time, as adopted by the Board of Directors in the mariner set forth in the 4 Declaration, or pursuant to the Articles and Bylaws. 2.17: Security Interest. "Security Interest" shall mean an interest in real estate or personal property created by contract or conveyance securing payment or performance of an obligation which encumbers any portion of the Property and is recorded on the date of this instrument or which encumbers a Parcel and is recorded after the date of this instrument. A Security Interest includes a lien created by a mortgage, deed of trust, trust deed, security deed, contract for deed, land sales contract, lease intended as security, assignment of lease or rents intended as security, pledge of an ownership interest in an association, and any other consensual lien or title retention contract intended as security for an obligation. 2.18: Sharing Ratio. "Sharing Ratio" shall mean the "allocated interests" (as such term is defined in the Act) of each Lot which is equal to the fraction of one-fifth (1/5). The Sharing Ratio is utilized, among other things, to determine the fractional interest of the total liability for assessments for Common Expenses allocated to a Parcel pursuant to Section 8.05 hereof. The formula utilized to determine the Sharing Ratio of each Parcel is to allocate the total liability for Common Expenses and the total votes in the Association equally to each Parcel. ARTICLE 3 PROPERTY RIGHTS 3.01: Parcels and Common Area. (a) The Plat divides the Property into five (5) Parcels and the Common Area. Initial Owner has not reserved the right to add additional Parcels to the Development so that the maximum number of Parcels which may be made, subject to the Declaration, is five (5). (b) Initial Owner shall convey the Common Area to the Association after the recording of this instrument but in any event prior to the conveyance of all Parcels to Owners other than Initial Owner. Such conveyance of the Common Area shall be made by a special warranty deed free and clear of all encumbrances except those matters set forth in a title commitment for the subject Parcel. (c) All Owners shall have a right and easement of enjoyment in and to the Common Area for the purposes for which the Common Area were designed, which right and easement shall be appurtenant to and shall pass with the title to the Parcels. Such use by an Owner shall be in common with all other Owners 5 without hindering, impeding or imposing upon the rights of the other Owners and in accordance with the provisions of the Declaration and the Rules. Any Owner may delegate such Owner's right to use, benefit from and enjoy the Common Area to such Owner's Guests; provided, however, that such Owner shall be responsible for damages caused by any such Guest and for the violation by any such Guest of the provisions of the Declaration, the Articles, the Bylaws or the Rules in connection with the usage of the Common Area by any such Guest. 3.02: Easement. Initial Owner hereby makes, establishes, declares, grants and reserves a blanket easement in favor of each Owner and any governmental, quasi-govemmental or private entity providing utility services to any Parcel, over, under, across, upon, and through the Common Area for installing, replacing, repairing, maintaining and providing all utility services to the Improvements located on a Parcel, including, without limitation, water, gas, electric, storm sewer, sanitary sewer, cable television, satellite communications and telephone services. By virtue of this grant of easement, it shall be expressly permissible for the providing entity to erect and maintain the necessary facilities and equipment in the Development. Any entity providing such utility services shall be responsible for any damage caused by such entity to the Development while utilizing the Easement created by this Section 3.02 and for any costs incurred by the Association as a result of such damage and shall be further required to promptly repair or restore any portion of the Development disturbed or damaged by such entity's utilization of the Easement created by this Section 3.02. The Easement created by this Section 3,02 shall be appurtenant to each Parcel so that a transfer of title to any interest in such Parcel shall automatically transfer a proportionate interest in such Easement. 3.03: Title to Parcels. Title to a Parcel may be held individually or by any entity or in any form of concurrent ownership recognized in Colorado. In case of any such concurrent ownership, each co-owner shall be jointly and severally liable for performance and observance of all the duties and responsibilities of an Owner with respect to the Parcel in which such Owner owns an interest. 3.04: Legal Description. Any contract of sale, deed, lease, deed of trust, mortgage, will or other instrument affecting a Parcel shall legally describe it substantially as follows: "Parcel _Strong Subdivision Planned Unit Development, according to the Plat for Strong Subdivision Planned Unit Development recorded 2008, at Reception Number of the real estate records of Garfield County, Colorado and subject to the Declaration for Strong Subdivision P.U.D recorded 2008 at Reception No. of the real estate records of Garfield County, Colorado." 6 Every such description shall be good and sufficient for al! purposes to sell, convey, transfer, encumber, lease or otherwise affect not only the Parcel, but also the interest in the Easement made appurtenant to such Parcel by the Declaration. The interest in the Easement made appurtenant to any Parcel shall be deemed conveyed or encumbered with that Parcel, even though the legal description in the instrument conveying or encumbering such Parcel may only refer to that Parcel. The reference to the Declaration in any instrument shall be deemed to include any supplements or amendments to the Declaration, without specific reference thereto. 3.05; Separate Assessment. Initial Owner shall give written notice to the Assessor of Garfield County, Colorado requesting that the Parcels be separately assessed and taxed and that the total value of the Common Area be assessed and taxed proportionately with each Parcel in accordance with such Parcel's Sharing Ratio as provided in Section 38-33.3-105 of the Act. After this instrument has been recorded in the real estate records of Garfield County, Colorado, Initial Owner shall deliver a copy of this instrument as recorded to the Assessor of Garfield County. 3.06: Use Compliance. The use of the Parcels shall comply with: (a) the terms, conditions and obligations set forth in the Declaration; (b) the matters set forth on the Plat; (c) the terms, conditions and obligations set forth in the documents described in Exhibit C attached hereto; and (d) all present and future laws, rules, requirements, orders, directions, ordinances and regulations (including zoning regulations) affecting the Parcels of any governmental authority having jurisdiction over the Parcels and of their departments, bureaus or officials. 3.07: No Partition of Parcels. No Owner may assert any right of partition with respect to such Owner's Parcel. By becoming an Owner, each Owner waives any and all rights of partition such Owner may hold with respect to such Owner's Parcel. This Section 3.07 shall not, however, limit or restrict the right of the Owners of a Parcel to bring a partition action pursuant to Article 28 of Title 38 of Colorado Revised Statutes, requesting the sale of the Parcel and the division or the proceeds among such Owners; provided that no physical division of the Parcel shall be permitted as a part of such action and no such action shall affect any other Parcel or the Common Area. 3.08: No Mechanic's Liens. (a) If any Owner shall cause any material to be furnished to such Owner's Parcel or any labor to be performed therein or thereon, no Owner of any other Parcel shall under any circumstances be liable for the payment of any expense incurred or for the value of any work done or material furnished. All such work shall be at the expense of the Owner causing it 7 to be done, and such Owner shall be solely responsible to contractors, laborers, materialman's and other persons furnishing labor or materials to such Owner's Parcel. Nothing herein contained shall authorize any Owner or any person dealing through, with or under any Owner to charge the Common Area or any Parcel other than that of such Owner with any mechanic's or materialman's lien or other lien or encumbrance whatever. On the contrary (and notice is hereby given), the right and power to charge any lien or encumbrance of any kind against the Common Area or against any Owner or any Owner's Parcel for work done or materials furnished to any other Owner's Parcel is hereby expressly denied. (b) If, because of any act or omission of any Owner, any mechanic's or materialman's lien or other lien or order for the payment of money shall be filed against the Common Area or against any other Owner's Parcel or against any other Owner or the Association (whether or not such lien or order is valid or enforceable as such), the Owner whose or which act or omission forms the basis for such lien or order shall at such Owner's own cost and expense cause the same to be canceled and discharged of record or bonded in an amount and by a surety company reasonably acceptable to the party or parties affected by such lien or order within 20 days after the filing thereof, and further shall indemnify and save all such parties harmless from and against any and all costs, expenses, claims, losses or damages, including reasonable attorneys' fees resulting therefrom. 3.09: No Dedication. Nothing contained in the Declaration (which includes the Plat) shall be deemed a grant or dedication of any portion of the Development to the public or for public use unless such grant or dedication is expressly provided for in the Declaration. ARTICLE 4 RESTRICTIONS 4.01: Use Restrictions. (a)The use of all Lots shall be restricted to nonresidential uses and shall be governed by the Planned Unit Development Guide for Strong Subdivision which was recorded . 2008, at Reception No. of the real estate records of Garfield County, Colorado, as the same may be amended from time to time. Without limiting the generality of the foregoing, the following uses shall be permitted on all Parcels: Uses -By -Right: (1) Business Offices associated with any of the following categorized uses; (2) Contractor Yard; (3) Fabrication; (4) General Storage; (5) 8 Storage of Heavy Equipment; (6) Storage of Oil and Gas Drilling Equipment and Supplies; (7) communication Facility; (8) Solar Power Generating System; (9) Materials Lab and Testing; (11) Material Handling; Uses By Special Review: (12) Processing; (13) Warehouse and Distribution Center; and (14) Concrete and Asphalt Batch Plant(s). (b) No Parcel shall be allowed a combination of categorized uses, except that each Parcel shall be allowed an office use conducted in tandem with the categorized use. (c) At any given time, Parcel 1 shall be allowed two (2) separate leasehold interests. Parcels 2 through 5, inclusive, shall each be limited to one (1) leasehold interest. (d) An Owner shall have the right to lease such Owner's Parcel upon such terms and conditions as such Owner may deem advisable; provided, however, that: (i) any such lease shall be in writing and shall provide that the lease is subject to the terms of the Declaration; (11) a Parcel may be leased only for the uses and occupancies described in this Section 4.01 hereof; and (iii) any failure of a lessee to comply with the terms of the Declaration, the Articles, the Bylaws, or the Rules shall constitute a default by such Owner under the applicable document. 4.02: Signs. (a) An Owner shall have the right to place no more than one monument sign per Parcel and one wall sign per business on a building identifying the business within that building on such Owner's Parcel. No signs of any kind or nature shall be placed on any portion of the Development by any Owner without the prior written approval of the Board of Directors of the design of any proposed sign in accordance with the provisions of Article 5 hereof, which approval may be granted or withheld by the Board of Directors based upon the Design Guidelines and the standard that all signs must be compatible with the architecture of the Development. (b) Initial Owner shall be entitled to place a monument sign which identifies the Development on the Common Area at Initial Owner's expense, but such sign shall be maintained by the Association and the costs of maintenance of such sign shall be a Common Expense. The Association shall have the right to cause no trespassing signs, signs concerning traffic and parking regulations, signs which identify the Development or other signs concerning the administration and management of the Development to be placed on the Common Area and such signs shall be a Common Expense. All such signs shall conform to the Design Guidelines as contained in the PUD Guide. 9 4.03: Service Yards and Fuel Storage. Each Parcel must maintain perimeter fencing. No storage shall be permitted outside of the enclosed service yard. No above ground storage of fuel tanks shall be permitted on any Parcel, unless approved by the Board of Directors and unless such storage provides for a spill containment area with a volume of at least 110 percent of the storage amount. No items of any kind shall be stored an any portion of the Common Area. 4.04: Trash. No trash shall be stored outside on a Parcel unless it is placed in a covered trash container which is located within an enclosed service yard. No refuse may be dumped or buried underground on any Parcel. No items of any kind shall be dumped on any portion of the Common Area. 4.05: Vehicles. No parking shall be permitted on any portion of the Common Area and no vehicles shall be parked on any portion of a Parcel, except within a building located on the Parcel or the area of the Parcel designed for parking. No inoperable vehicles will be allowed to be stored, long-term, on any Parcel. 4.06: Animals. No animals shall be raised, bred, kept or regularly brought to the Development except for dogs or other animals which are trained to and are in fact assisting persons with disabilities and except for dogs which may be brought to the Development by an Owner if the conditions set forth in this Section 4.06 concerning dogs are met. The keeping of livestock, poultry, goats and other farm animals shall not be allowed. If an Owner desires to bring a dog to the Development, such Owner may do so only if there are adequate facilities, such as a fenced yard, dog run or kennel, to contain the dog. All dogs must be in direct control of the person bringing the dog to the Development or kept within a fenced yard, dog run or kennel and no dogs will be allowed to run at large in the Development. No contractor or subcontractor shall be allowed to bring dogs to the Development during the course of construction of the Improvements on a Parcel, with the exception of bird feeders, the feeding baiting, salting or other means of attracting wildlife is not permitted in the Development. 4.07: No Noxious Offensive Hazardous or Annoying Activities. No noxious or offensive activity shall be carried on upon any part of the Development nor shall anything be done or placed on any part of the Development which is or may become a nuisance or cause any unreasonable disturbance or annoyance to others. No activities shall be conducted on any part of the Development which are or might be unsafe or hazardous to any person or property. No glaring light, loud or annoying sound or vibration, smoke or unpleasant odor arising from the use of a Parcel shall be permitted. 4.08: No Imperiling of Insurance. No Owner, no Owner's Guests, nor any lessee shall do anything or cause anything to be kept in or on the Development that might result in an increase in the premiums of insurance obtained by the 10 Association or which might cause cancellation of such insurance without the prior written consent of the Board of Directors first having been obtained. 4.09: No Violation of Law. No Owner, no Owner's Guests, nor any lessee shall do anything or keep anything in or on the Development which would be in violation of any statute, rule, ordinance, regulation, permit or other validly imposed requirement of any governmental body. 4.10: No Resubdivision. No Parcel shall be resubdivided into smaller tracts or Tots. 4.11: Mining and Drilling. No Lot shall be used for the purpose of mining, quarrying, drilling, boring or exploring for or removing oil, gas or other hydrocarbons, minerals, rocks, stones, gravel or earth. 4.12: Solar Applications. The installation or use of either active or passive solar equipment shall not be prohibited or restricted solely on the basis of aesthetic considerations, unless such considerations are reasonable and do not significantly increase the cost of such installation or use. 4.13: Temporary Structures Occupancy and Incomplete Structures. No temporary structures or office trailers shall be allowed on any Parcel other than in connection with and during the period of construction, alteration or demolition of the improvements on a Parcel. No space or area of any improvement on a Parcel shall be occupied in any manner prior to completion of construction and the issuance of a temporary or permanent certificate of occupancy by the appropriate governmental authority with respect to such space or area. No partially completed structure shall be allowed to remain on a Parcel, except during the period of construction, alteration or demolition of such structure and providing that the completion of such construction, alteration or demolition is being pursued with reasonable diligence. 4.14: Variances. The Board of Directors shall be entitled to grant reasonable variances to the restrictions contained in this Article 4 in order to prevent undue hardship to any Owner or for any other good cause shown to exist by an Owner. Any such variance may be granted upon any such conditions as the Board of Directors shall determine. Variances shall not be allowed that may interfere with or abrogate the zoning of the Parcels within the Development. 4.15: Weeds. Weeds shall not be allowed to thrive anywhere in the development. The Parcel Owner's Association shall be authorized to ensure strict compliance with this section. Individual parcel owners or their lessees shall be required to remove or eradicate weeds growing on its Parcel(s). The owners association 11 shall be responsible for weed control and eradication on all common areas. 4.16: Drainage Easements. Drainage easements shall be under the control of the Parcel Owner's Association, No parcel owner or lessee shall obstruct any drainage area or improvement that would affect the proper functioning of the drainage easement or structure. ARTICLE 5 ARCHITECTURAL CONTROL 5.01: Design Approval. Initial Owner shall not be required to obtain the approval of the Association for the design of any Improvements to be constructed on any Parcel owned by Initial Owner, but such design shall conform to the Design Guidelines. Except for such construction by Initial Owner, no Improvements may be constructed on a parcel and no modifications to the exterior of any Improvements already constructed on a parcel (including without limitation an addition to the structure or the painting of a structure a different color than previously) may be undertaken without in each case obtaining the prior written approval of the Board of Directors of the design of the proposed construction or modification. The Board of Directors shall not be required to grant approval of the design of any construction or modification which would violate the use and occupancy restrictions of Section 4.01 hereof or any other restrictions contained in Article 4 hereof. In considering each request for design approval, the Board of Directors shall be guided by the Design Guidelines and shall attempt to assure that all Improvements within the Development are architecturally compatible and in a compatible color scheme while allowing reasonable and tasteful deviations from the architectural design and style of the Development. 5.02: Approval Procedures. Whenever any Owner requests design approval from the Board of Directors, the Board of Directors may request that such Owner provide the Board of Directors with such items as the Board may reasonably request in order to inform the Board of Directors about the matter requiring approval. The Board of Directors shall not be required to take any action with respect to a requested design approval unless and until the Board of Directors receives all items reasonably requested by the Board of Directors. Once all of such items have been furnished to the Board of Directors, the Board of Directors shall have 30 days to approve the request as submitted, to approve the request with such reasonable conditions as the Board of Directors may require or to reject the request and, if the Board of Directors does not so act within such 30 day period, the request shall be deemed approved as submitted. If the request is approved, the matter approved shall be undertaken by the Owner in accordance with the items submitted to the Board of Directors and any conditions placed 12 upon such approval by the Board of Directors. 5.03: No Liability. The Board of Directors shall neither be responsible nor liable for damages because of any failure to act, disapproval nor failure to approve or disapprove any request for design approval or because of any defects in any items submitted to the Board of Directors in connection with any request for design approval. Any Owner requesting design approval by the Board of Directors by so doing agrees and covenants not to bring any action or suit to recover damages against the Board of Directors, its members as individuals, or its advisors, employees or agents or the Association and its officers and members. ARTICLE 6 THE ASSOCIATION 6.01: Membership. (a) Initial Owner shall be a member of the Association for so long as Initial Owner is the Owner of any Parcel. Each individual and each corporation, nonprofit corporation, partnership, limited partnership, limited liability company, limited partnership association, joint venture, trust, nonprofit association, cooperative or other legal entity capable of holding title to real property in Colorado shall automatically become a member of the Association upon becoming an Owner of a parcel. Membership shall be continuous throughout the period that such ownership continues and shall be appurtenant to and inseparable from ownership of a parcel. Membership shall terminate automatically without any Association action whenever any Initial Owner or any other Owner ceases to own any parcel. Termination of membership shall not relieve or release any former member from any liability or obligation incurred by virtue of or in any way connected with ownership of a parcel or impair any rights or remedies which the Association or others may have against such former member arising out of or in any way connected with such ownership or membership. (b) The total number of votes in the Association shall be five. The votes are hereby allocated equally to each parcel so that each parcel is entitled to one vote. If there is only one Owner of a parcel, such Owner shall be entitled to cast the vote allocated to such parcel at any meeting of the members. If there are multiple Owners of a parcel and only one of such multiple Owners is present at a meeting of the members, such Owner shall be entitled to cast the vote allocated to such parcel. If there are multiple Owners of a parcel and more than one of the multiple Owners of such parcel are present at a meeting of the members, the vote allocated to such parcel may be cast only in accordance with the agreement 13 of a majority in interest of such Owners as such agreement may be reasonably evidenced to the person presiding over such meeting. It is reasonable evidence of the agreement of a majority in interest of multiple Owners of a parcel if any one of such Owners casts the vote allocated to such parcel without protest being made promptly to the person presiding over the meeting of the members by any of the other Owners of such parcel. Each member which is a corporation, nonprofit corporation, partnership, limited partnership, limited liability company, limited partnership association, joint venture, trust, nonprofit association, cooperative or other legal entity capable of holding title to real property in Colorado shall from time to time designate in writing to the Association one or more individuals who may represent it at a meeting and vote on its behalf. Until the Association is notified in writing to the contrary, any action taken by any person(s) designated in writing to represent such member shall be binding upon such member. (c) The rights and obligations of members of the Association are further delineated in the Articles, the Bylaws and the Rules and each Owner is advised to obtain copies of the then current Articles, Bylaws and Rules upon becoming an Owner. (d) Each member shall comply strictly with the provisions of the Declaration, the Articles, the Bylaws and the Rules. The failure of a member to comply strictly with such provisions shall permit the Association to take the actions outlined in the Declaration, the Articles, the Bylaws and the Rules to enforce any such provisions. 6.02: Powers of the Association. (a) The Development shall be administered and managed by the Association pursuant to this Declaration, the Articles, the Bylaws and the Rules. The Association shall have all of the powers expressed in, or implied from, the provisions of Section 38-33.3-302(1) of the Ad and the provisions of the Declaration, the Articles, the Bylaws or the Rules subject, however, to the following limitations; (i) except for the power to grant easements, licenses and concessions through or over the Common Area set forth in Section 38-33.3-302(1 )(i) of the Act, the Association shall not convey or encumber the Common Area unless all Owners and all First Lienors have given their approval thereof; (ii) the Association shall be organized and operated exclusively for pleasure, recreational and other non-profitable purposes as set forth in Section 501(c) (7) of the internal Revenue Code of 1986, as it is now or may hereafter be 14 amended, or in any corresponding provisions of any future law of the United States of America providing for the exemption of similar organizations from income taxation; and (iii) no part of the net earnings of the Association shall inure to the benefit of any member of the Association. (b) Without limiting the generality of the foregoing, the Association shall have the power from time to time as it deems necessary and appropriate to adopt, amend and enforce the Rules in order to implement the provisions of the Declaration, including without limitation, Rules intended to promote the general health, safety and welfare of persons within the Development, to protect and preserve property and to regulate the use of the Common Area. (c) AH of the Rules adopted by the Association shall be reasonable and shall be uniformly applied. The Association may provide for enforcement of the Rules through reasonable and uniformly applied fines and penalties, which shall be collectable by the Association as a charge pursuant to the provisions of Article 8 hereof. EachOwner, and such Owner's Guest, shall be obligated to and shall comply with and abide by the Rules and pay such fines or penalties upon failure to comply with or abide by the Rules. The Association shall not be responsible to any Owner or Guest for the non -observance by any other Owner or Guest of the Rules. 6.03: Board of Directors. The Board of Directors is hereby designated to act on behalf of the Association and shall be responsible for the control and management of the Association and the disposition of its funds and property; provided, however, that the Board of Directors may not act on behalf of the Association to: (a) amend the Declaration except in the instances set forth in the Declaration; (b) terminate the Development; or (c) elect directors or determine the qualifications, powers and duties, or terms of office of directors, but the Board of Directors may fill vacancies in the Board of Directors for the unexpired portion of any term. The number of directors, their terms of office and their qualifications shall be determined according to the laws. The members of the Association shall elect and may remove all directors. 6.04: Officers. The officers of the Association shall be a president, a secretary, a treasurer and such other officers as may from time to time be prescribed by the Bylaws. The terms of office of the officers of me Association and their qualifications shall also be determined according to the Bylaws. The Board of Directors shall elect and may remove the officers of the Association. 15 ARTICLE 7 MAINTENANCE AND INSURANCE 7.01: Maintenance by Owners. Each Owner shall be responsible for maintaining iri a clean, safe, attractive and sightly condition and in good order and repair all portions of such Owner's Parcel and improvements. In performing such maintenance, no Owner shall do any act or work which impairs or otherwise affects the Common Area. If, in the reasonable judgment of the Association, an Owner has failed to maintain such Owner's parcel and improvements a clean, safe, attractive and sightly condition and in good order and repair, the Association may, after 10 days' notice to such Owner, perform all work deemed necessary by the Association to place such parcel and Improvements in conformity with the foregoing standards and shall have access to such parcel and Improvements for such purposes. The Association shall be reimbursed by the Owner who or which failed to adequately maintain such Owner's Lot and Improvements for all costs of the work performed by the Association pursuant to the authorization contained in the preceding sentence in the manner set forth in Section 8.04 hereof. 7.02: Maintenance by the Association. The Association shall be responsible for maintaining all portions of the Common Area. The costs of such maintenance shall be a Common Expense. If, however, the need to perform such maintenance results from the negligence or intentional act of an Owner or such Owner's Guests, such Owner shall reimburse the Association for all costs of such maintenance in the manner set forth in Section 8.04 hereof. 7.03: Insurance. (a) The Association shall provide and keep in force the following insurance: (1) Property damage insurance on any improvements that may be constructed on the Common Area insuring against Toss by fire, lightning and the risks covered by the "all risks" endorsement of the insurer (which risks shall include at least vandalism, malicious mischief and those risks covered by a standard broad form coverage endorsement) in an amount not less than the full replacement cost of the insured property (without deduction for depreciation but less applicable deductibles and exclusive of the costs of land, excavation, foundations, paving and other items normally excluded from property policies) in an agreed endorsement amount. Such insurance may be carried in blanket policy 16 form naming the Association as the insured. Any Toss covered by such insurance must be adjusted with the Association whether or not the insurance proceeds with respect to that Toss are payable to the Association. Such insurance proceeds shall be payable to the Association unless the Association shall have previously designated in writing an insurance trustee for that purpose, but in no event shall such insurance proceeds be payable to any Lienholder. The Association or the insurance trustee receiving such insurance proceeds shall hold such insurance proceeds in trust for the Association, the Owners and the Lienholders as their interests may appear. Such insurance proceeds shall be disbursed in accordance with the provisions of Section 9.02 hereof and the Association, the Owners and the Lienholders are not entitled to receive payment of any portion of such insurance proceeds unless there is a surplus of such insurance proceeds after such disbursements have been made. (11) Commercial general liability insurance against claims and liability arising in connection with the ownership, existence, use, or management of the Common Area (including liability for death, personal injury and property damage) in the amount deemed sufficient by the Board of Directors insuring the Board of Directors, the Association, the managing agent (if any) and their respective employees, agents and all persons acting as agents, and the Owners (including Initial Owner). The policy of such insurance shall provide that it will also cover claims of one or more insured parties against other insured parties. (illi) Such other insurance in such amounts as the Association may consider necessary or advisable against such other insurable hazards as the Association may from time to time wish to insure against. (b) All insurance which is carried by the Association pursuant to the provisions of Section 7.03(a) hereof shall be issued by responsible insurance companies authorized to do business in the State of Colorado. Each policy of insurance described in Sections 7.03 (a)(i) and (ii) hereof shall contain the following provisions: (i) such policy shall not be materially modified or canceled without at least 30 days prior written notice to the Association and to each Owner and Lienholder whose or which address has been made known to the insurer; (ii) the insurer waives its rights of subrogation under such policy as to any claim against the Association, its officers, directors and employees, any Owner and members of such Owner's household and any Lienholder; (iii) each Owner is an insured person under such policy with respect to liability arising out of such Owner's membership in the Association; (iv) no act or omission by an Owner, unless acting within the scope of such Owner's authority on behalf of the Association, shall void such policy or operate as a condition to recovery under such policy: and (v) if, at the time of Toss under such policy, there is other insurance in the name of an Owner covering the risk covered by such policy, the Association's 17 policy shall provide primary insurance. if the insurance described in Sections 7.03 (a)(i) and (ii) hereof is not reasonably available, or if any policy of such insurance is canceled or not renewed without a replacement policy therefore having been obtained, the Association promptly shall cause notice of such fact to be hand delivered or sent prepaid by United States mail to all Owners and to all Lienholders whose or which address has been made known to the Association. (c) Each Owner shall be solely responsible for obtaining and maintaining any insurance covering loss or damage to any Improvements located on such Owner's parcel and to any personal property on such Owner's parcel and covering liability for injury, death or damage occurring on such Owner's parcel. Any policy of such insurance shall contain waivers of subrogation as to any claim against the Association, its officers, directors and employees, any Owner and such Owner's Guests and any Lienholder and shall be so written that the liability of the insurers issuing insurance obtained by the Association shall not be affected or diminished thereby. (d) The costs of obtaining and maintaining all insurance which is carried by the Association pursuant to the provisions of Section 7.03(a) hereof shall be a Common Expense to be prorated among all Owners as set forth in the Declaration, notwithstanding the fact that the Owners may have disproportionate risk. To the extent that the Association settles claims under the insurance described in Section 7.03 hereof for damages to real property, any Owner whose or which negligence caused such Toss shall reimburse the Association for the amount of all deductibles paid by the Association with respect to such claims in the manner set forth in Section 8.04 hereof. ARTICLE 8 ASSESSMENTS AND CHARGES 8.01: Annual Assessments. (a) Until the Association establishes an annual assessment for Common Expenses for the initial fiscal year of the Association, Initial Owner shall pay all Common Expenses. The Association shall establish an annual assessment with respect to the initial fiscal year of the Association for the purpose of paying or creating a reserve for Common Expenses. The amount of the annual assessment for the initial fiscal year of the Association and for each fiscal year 18 thereafter shall be based upon the Budget to be adopted by the Association. The Budget shall be based upon a good faith estimate of the Common Expenses to be paid or reserved for the fiscal year covered by the Budget including, without limitation, an estimate of the costs of the maintenance required to be performed by the Association pursuant to the provisions of Section 7.02 hereof during such fiscal year, an estimate of the costs of the insurance described in Section 7.03 hereof to be obtained by the Association during such fiscal year and an estimate of the amount of funds to be reserved during such year for the costs of the periodic refurbishing and replacement of those items which are to be maintained and repaired by the Association pursuant to the provisions of Section 7.02 hereof as such items wear out or become obsolete so that the costs of such periodic refurbishing or replacement may be paid through the annual assessments instead of special assessments. The annual assessment for each fiscal year shall be established only after a Budget is adopted in accordance with the provisions of Section 8.01(b) hereof. The Board of Directors may adjust the amount of an annual assessment during the fiscal year covered by such annual assessment from time to time as the Board of Directors may in its discretion deem necessary or advisable, but any such adjustment shall be based upon a revised Budget adopted by the Association in accordance with the provisions of Section 8.0 (b) hereof. (b)Beginning with the first fiscal year of the Association or in the event the Association desires to make an adjustment to an annual assessment previously established with respect to any such fiscal year, the Board of Directors shall adopt a proposed Budget to serve as the basis for the establishment of the annual assessment or the adjustment to the annual assessment (as the case may be). Within 30 days after the adoption of such proposed Budget, the Board of Directors shall mail, by ordinary first-class mail, or otherwise deliver a summary of such proposed Budget to all Owners and shall set a date for a meeting of Owners to consider ratification of such proposed Budget not less than 14 nor more than 60 days after mailing or other delivery of the summary. Unless at that meeting Owners holding 80 percent or more of the total votes in the Association reject such proposed Budget, such proposed Budget shall be considered ratified, whether or not a quorum is present. In the event such proposed Budget is rejected, the Budget last adopted by the Association shall be continued until such time as the Owners ratify a subsequent Budget proposed by the Board of Directors and the proposed annual assessment or adjustment to the annual assessment shall be based upon such continued Budget. 8,02: Special Assessments. In addition to the annual assessments authorized in Section 8.01 hereof, the Association may establish at any time a special assessment for the purpose of paying or creating a reserve for, in whole or in part, the cost of any expense which the Association is entitled to incur pursuant 19 to the provisions of this Declaration, the Articles or the Bylaws and which is not scheduled to be paid in a Budget adopted by the Association. No special assessment may be levied by the Association unless such special assessment has been approved by tile Board of Directors and by the majority vote of the Owners present in person or proxy at a meeting called for such purpose at which a quorum was present. 8.03: Payments of Assessments. All annual assessments shall be payable in equal monthly installments or, at the option of the Association, in equal quarterly installments. Each installment of the annual assessments shall be due on the first day of the period to which it relates in the amount specified in the most recent written notice from the Association until the Association notifies an Owner in writing of a different amount. At the option of the Association, special assessments may be payable in a lump sum or in quarterly or monthly installments. Each special assessment shall be due 30 days after the Association gives an Owner notice of the amount of such Owner's assessment. The Association may charge and collect a late charge in the amount of $25 (or in such other amount as may be established by the Board of Directors in the Rules) for any annual or special assessment which is not paid when due. In addition, the Association may charge and collect interest at an annual rate of 21 percent on any annual or special assessment which is not paid within 30 days after the due date thereof, which interest shall run from such due date until the date of payment If the Association engages an attorney to collect any annual or special assessment not paid when due, the Owner responsible for the payment of such annual or special assessment shall reimburse the Association for all costs of collection of such annual or special assessment including, without limitation, reasonable attorneys' fees. 8.04: Charges. Each Owner shall be liable for all charges with respect to such Owner or such Owner's Lot as set forth in the Declaration which include, but are not limited to, the costs to be reimbursed to the Association by an Owner pursuant to the provisions of Sections 7.01,7.02 and 7.03(d) hereof, fines and penalties for violations of the Rules as described in Section 6.02(b) hereof and the late charge described in Section 8.03 hereof. Any charge shall be payable within 10 days after notice of the amount of such charge is delivered to an Owner and, if not paid when due, shall thereafter bear interest at an annual rate of 21 percent. If the Association engages an attorney to collect any such charge not paid when due, the Owner responsible for the payment of such charge shall reimburse the Association for all costs of collection of such charge including, without limitation, reasonable attorneys' fees. Any charge collected by the Association shall be used by the Association in furtherance of its duties hereunder or to defray Common Expenses. 20 8.05: Liability of Owners. The liability for annual and special assessments of the Common Expenses is hereby allocated equally to each parcel so that the Owners of each parcel are liable for a portion of the total amount of the annual and special assessments for the Common Expenses equal to such total amount multiplied by such Parcels Sharing Ratio; provided, however, that the Association may allocate on a reasonable basis the liability for annual and special assessments for those Common Expenses which benefit some but not all of the parcels to the Owners of each parcel so benefited. The amount of any annual and special assessment and charges payable with respect to an Owner or such Owner's parcel shall be a personal obligation of the Owner of such parcel and such Owner's heirs, devisees, personal representatives, successors and assigns and, if there are multiple Owners of one parcel, such obligation shall be a joint and several obligation of each Owner of such parcel. Except as set forth in Section 8.06 hereof, a party acquiring fee simple title to a parcel shall be jointly and severally liable with the former Owner of the parcel for all such amounts which had accrued and were payable at the time of the acquisition of fee simple title to the parcel by such party without prejudice to such party's right to recover any of such amounts paid by such party from the former Owner. No Owner shall be exempt from liability for payment of such Owner's share of the Common Expenses either by waiver of the use or enjoyment of the Common Area or Easement or by abandonment of such Owner's parcel. 8.08: Liability of Lienholders. The transfer of title to a parcel pursuant to a foreclosure of a Security Interest or pursuant to any procedure in lieu thereof shall extinguish the lien for annual and special assessments and charges against such parcel described in Section 8.07 hereof as to payments which become due prior to such transfer but only to the extent such Security Interest has priority over the Association's lien as specified in Section 38-33.3-316(2)(b) of the Act. A Lienholder shall not be personally liable for any assessment or charge payable by the Owner of the parcel encumbered by the Security Interest held by such Lienholder, but the Association agrees to accept any payment of such assessment or charge made voluntarily on behalf of such Owner by such Lienholder. 8.07: The Association's Lien. The Association shall have, from the date of recording of this instrument, a lien against each parcel to secure payment to the Association of all annual and special assessments with respect to such parcel and all charges with respect to each Owner of such parcel together with interest thereon at the annual rate of 21 percent from the due date thereof and together with all costs and expenses of collecting such assessments and charges including reasonable attorneys' fees. The Association's lien shall be prior and superior to all other liens and encumbrances on a parcel except: (a) liens and encumbrances recorded prior to the recordation of this instrument; (b) the 21 Security Interest of a First Lienor with respect to such parcel except to the extent specified in Section 38-33.3-316(2)(b) of the Act; (c) liens for real estate taxes and other governmental charges against such parcel and (d) mechanic's and materialman's liens which by taw may be prior to the Association's lien. The Association's lien shall attach from the date of recording of this instrument and shall be considered perfected without the necessity of recording a notice of default and claim of lien. Nevertheless, the Association may, as evidence of the Association's lien but not as a condition to enforcement of the Association's lien, record a notice of default and claim of lien executed by an officer or director of the Association and containing substantially the following information: (i) the legal description of the parcel against which the lien is claimed; (ii) the name of the defaulting Owner(s) of such parcel(s) indicated by the Association's records; (iii) the total unpaid amount together with interest thereon and the costs of collection as of the date of such notice; (iv) a statement that the notice of default and claim of lien is made by the Association pursuant to the Declaration; and (v) a statement that a lien is claimed and will be foreclosed against such parcel in an amount equal to the amount stated as then due and any additional amounts thereafter becoming due. If the Association elects to file such notice of default and claim of lien, the Association shall send a copy of such notice of default and claim of lien to all Owners and all Lienholders whose or which name and address were made known to the Association of the parcel against which such lien is claimed at their addresses last known to the Association within 10 days after the recording of such notice of default and claim of lien. The Association's lien may be foreclosed in the manner provided by Colorado for the foreclosure of mortgages encumbering real property. At its option, the Association may recover any amounts claimed to be due in a notice of default and claim of lien by an action for a money judgment. In any such foreclosure or action, the Owner(s) of the parcel subject to such foreclosure or action shall be required to pay the costs and expenses of such proceedings, including reasonable attorneys' fees. The Association shall be entitled to purchase the parcel at any foreclosure sale, and to acquire, hold, lease, mortgage or convey the same. In any such foreclosure or action, the Court may appoint a receiver to collect all sums alleged to be due from the Owner(s) prior to or during the pendency of such foreclosure or action. The Court may order the receiver so appointed to pay any sums held by such receiver to the Association during the pendency of such foreclosure or action to the extent of the unpaid annual and special assessments and charges. 8.08: Statement of Unpaid Assessments and Charges. The Association shall furnish to an Owner of a parcel, a designee of such Owner, a Lienholder with respect to a parcel or a designee of such Lienholder, upon receipt by the Association of a written request accompanied by the payment of a fee in the amount of $25 (or in such other amount as may be established by the Board of Directors in the Rules), a written statement setting forth the amount of the unpaid 22 annual and special assessments and changes, if any, with respect to such parcel. Such statement shall be furnished within 14 calendar days after receipt of such request and fee and is binding upon the Association, the Board of Directors and every Owner. If no statement is famished to the requesting party within such 14 calendar day period, then the Association shall have no right to assert a hen upon the parcel for unpaid annual and special assessments and charges which were due as of the date of the request. 8.09; Surplus Funds. Upon the determination by the Board of Directors that surplus funds of the Association remain after payment or provision for Common Expenses and any prepayment or provision for reserves, the Board of Directors may decide either to distribute such surplus funds to the Owners in accordance with the respective Sharing Ratios of their parcels or to credit such surplus funds to the Owners in accordance with the respective Sharing Ratios of their parcels against their respective liabilities for future Common Expenses. ARTICLE 9 DAMAGE OR DESTRUCTION 9.01: Requirement of Repair and Restoration. In the event of any damage or destruction to any portion of the improvements located on the Common Area for which insurance is required to be maintained by the Association under the provisions of Section 7.03(a)(i) hereof, the Association shall cause such damaged or destroyed portion of the Development to be fully repaired or restored promptly after the occurrence of such damage or destruction unless such repair or restoration would be illegal under any state or local statute or ordinance governing health or safety. 9.02: Insurance Proceeds. The insurance proceeds paid to the Association as a result of the damage or destruction of any portion of the Improvements located on the Common Area shall be disbursed by the Association first to the expenses of the repair or restoration of the damaged or destroyed portion of such improvements and the remainder shall be disbursed to the Owner of each parcel or the Lienholder with respect to such parcel, as their interests may appear, in accordance with the Sharing Ratio of such parcel. If the costs of the repair or restoration of the damaged or destroyed portion of the improvements located on the Common Area required by Section 9.01 hereof are in excess of the insurance proceeds paid to the Association as a result of such damage or destruction, the excess amount shall be a Common Expense payable by the Owners in accordance with the respective Sharing Ratios of their parcels. 9.03: Notice to Lienholders. Promptly after the occurrence of any fire or other 23 casualty which causes damage or destruction of any portion of the improvements located on the Common Area for which insurance is required to be maintained by the Association under the provisions of Section 7.03 hereof and which the Association estimates will cost $10,000.00 or more to repair, the Association shall deliver written notice thereof to all Lienholders whose or which address has been made known to the Association. The delivery of such written notice shall not be construed as imposing any liability whatever on any Lienholder to pay all or any part of the costs of repair or restoration. ARTICLE 10 CONDEMNATION If all or any portion of the Common Area is taken under any statute, by right of eminent domain, or by purchase in lieu thereof, then the Association (as attorney-in-fact for the Owners) shall collect the award made in such taking, shall promptly cause the portion of the Common Area not so taken to be restored. The costs of such restoration in excess of the amount of the award for such taking shall be a Common Expense payable by the Owners in accordance with the respective Sharing Ratio of their parcels. The amount of the award paid to the Association as a result of any such taking which is not used for such restoration shall be disbursed by the Association to the Owner of each parcel or the Lienholder with respect to such parcel. as their interests may appear, in accordance with the Sharing Ratio of such parcel. ARTICLE 11 MISCELLANEOUS PROVISIONS 11.01: Enforcement and Remedies. The provisions of the Declaration which create certain rights in Initial Owner shall be enforceable by Initial Owner and the other provisions of the Declaration shall be enforceable by the Association. In enforcing the Declaration, the Association shall be entitled to utilize any of the remedies set forth in Article 8 hereof and both Initial Owner and the Association and any other party entitled to enforce the Declaration shall be entitled to any remedy at law or in equity including without limitations, an action seeking a prohibitive or mandatory injunction or damages or both. In any action for the enforcement of the Declaration, the party or parties against which or whom enforcement is sought shall pay the reasonable attorney's fees and costs, including the reasonable attorney's fees for any appeal, incurred by the party enforcing the Declaration in the amount determined by the Court if the party enforcing the Declaration is the prevailing party in such action. The issuance of a building permit or certificate of occupancy which may be in contravention of the 24 Declaration shall no prevent enforcement of the Declaration. All cost incurred by the Association in the enforcement of the Declaration shall be a Common Expense. 11.02: Duration. The Declaration shall continue and remain in full force and effect in perpetuity, as the same may be amended from time to time in accordance with the provisions of Section 11.03 hereof, unless the Declaration is sooner terminated by an amendment made in accordance with the provisions of Section 11.03 hereof. 11.03: Amendment. The provisions of the Declaration which create certain rights in Initial Owner may be amended only with the prior written consent of Initial Owner. Any amendment to the Declaration which proposes to terminate the Declaration or which proposes to amend the provisions of the Declaration pertaining to the Sharing Ratio of each parcel, the allocation of the liability for Common Expenses and voting rights to each parcel and the rights of Lienholders under the Declaration must be signed by all Owners and consented to in writing by all of the Lienholders whose or which name and address have been made known to the Association. The Association shall be entitled to amend the Declaration in those circumstances set forth in Section 38-33.3-107of the Act Except for the foregoing amendments, the provisions of this Declaration may be amended only by the recording of a written instrument or instruments specifying the amendment signed by the Owners who or which are entitled to vote at least 80 percent of the total votes in the Association. No amendment to this Declaration shall have the effect of abrogating the zoning of the development. 11.04: Covenants Running with the Land. Each provision of the Declaration, and any agreement, promise, covenant and undertaking to comply with each provision of the Declaration shall be deemed a covenant running with the land as a burden with and upon the title to each parcel of real property within the Development for the benefit of any other real property within the Development. 11.05: Limited Liability. A director or an officer of the Association shall not be liable for actions taken or omissions made in the performance of his or her duties except for wanton and willful acts or omissions. The liability of directors and officers shall be further limited by the provisions of Parts 4 and 5 of Article 128 of Title 7 of Colorado Revised Statutes and the provisions of the Articles and the Bylaws. Neither Initial Owner nor any member, manager, agent or employee of Initial Owner shall be liable to any party for any action or for any failure to act with respect to any matter arising in connection with the Declaration if the action taken or failure to act was in good faith and without malice. 11.06: Successors and Assicns. Except as otherwise provided herein, the 25 Declaration shall be binding upon and shall inure to the benefit of Initial Owner and each subsequent Owner and their respective heirs, devisees, personal representatives, successors and assigns. Initial Owner and each subsequent Owner shall be fully discharged and relieved of liability with respect to the obligations of such party under the Declaration upon ceasing to own an interest in a parcel and upon the payment of all sums and the performance of all other obligations of such party under the Declaration up to the time such party ceased to own an interest in a parcel. 11.07: Successors to initial Owner. The following shall be successors to Initial Owner: (a) any party to whom or which Initial Owner conveys all parcels then owned by Initial Owner and assigns all rights of Initial Owner under the Declaration and who or which assumes all of Initial Owner's obligations under the Declaration; and (b) any Lienholder who or which obtains title to all parcels owned by Initial Owner through foreclosure of the Security interest held by such Lienholder or through any proceeding in lieu of such foreclosure and who or which assumes all of initial Owner's obligations under the Declaration. 11.08: Notices to Owners and Association. Each Owner shall register such Owner's mailing address with the Association, and except for statements for the assessments, notices of Association meetings, other routine notices and notices which may be sent in another mariner in accordance with the provisions of the Declaration, all notices or demands intended to be served upon an Owner shall be sent by either registered or certified mail, postage prepaid, addressed in the name of the Owner at such registered mailing address. If an Owner fails to register such Owner's mailing , address with the Association, such Owner's mailing address shall be deemed to be the address of such Owner's parcel. All notices, demands or other notices intended to be served upon the Association shall be sent certified mail, postage prepaid, to the address of the Association as designated in the Bylaws. 11.09: Severability. Invalidity or unenforceability of any provision of the Declaration in whole or in part shall not affect the validity or enforceability of any other provision or any valid and enforceable part of a provision of the Declaration. 11.10: Captions. The captions and headings in the Declaration are for convenience only and shall not be considered in construing any provisions of this Declaration. 11.11: Construction. When necessary for proper construction, the masculine of any word used in the Declaration shall include the feminine or neutered gender, 26 and the singular the plural and vice versa. 11.12: Governing Law. The Declaration shall be governed by and construed under Colorado law. IN WITNESS WHEREOF, the parties have executed this Declaration on the day and year set forth next to their signatures. UNA DEVELOPMENT, LLC By: STATE OF COLORADO ) )ss. COUNTY OF GARFIELD ) Date: Acknowledged and sworn before me this day of 2008, by Manager of Una Development, LLC. WITNESS my hand and official seal. My commission expires: 27 WELL SHARING AGREEMENT THIS AGREEMENT is entered into by and between UNA DEVELOPMENT, LLC, a Colorado Limited Liability Company, and lot purchasers of lots within the Strong Subdivision Planned Unit Development. WITNES SETH WHEREAS, Una Development (hereinafter Developer) owns certain property in Garfield County, Colorado, specifically the Strong Subdivision and Planned Unit Development (hereinafter Development), County of Garfield, State of Colorado the finial plat of which is recorded as Reception Number in the Garfield County Clerk and Recorder's Office; and WHEREAS, a water well commonly referred to as the Strong Well and permitted as Colorado Division of Water Resources Well Permit Number 67484-F (a copy of said permit is attached hereto as Exhibit A and incorporated herein by this reference), currently exists on Parcel 3, and provides a water supply to all parcels in the development. WHEREAS, the parties desire to ensure the supply of water to all parcels in the development now and in the future, and desire to set forth their understanding and agreements with regard to the future ownership, use and maintenance of the Strong Well. NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained herein, the adequacy and sufficiency of which is hereby acknowledged, the partes agree as follows: 1. The Strong Well structure and related facilities, including the pump, pipelines, well equipment, and well permit, shall be owned by the PUD Parcel Owners Association. The parties further agree that their respective interests in the Strong Well shall be appurtenant to the benefited parcels, and such interests may not be conveyed separately for the respective parcels. The water rights for the well, as augmented, are owned by the Strong Subdivision PUD Parcel Owners Association for the benefit of all owners. 2. Una Development will reserve and/or convey all necessary easements to the other parcel owners for supplying water to all parcels in the development, and for the operation, maintenance, repair and replacement of the Strong Well, its pump, pipelines and well equipment. 3. All costs incurred for the operation, repair, maintenance and replacement of the Strong Well, its pump, common pipelines and well equipment which are deemed to commonly benefit the owners shall be paid according to the following formula: Parcel 1 two -sixths (216); Parcels 2 through 5, inclusive, one-sixth (1/6). However, each owner shall bear the cost of operation, repair, maintenance and replacement of pipelines or other components which are not used in common, but which are used solely to provide water service to that owner's parcel. It is the intent of the parties that each owner will be solely responsible for the operation, repair, maintenance and replacement of that part of the water delivery system which is solely used to provide water service from the well to that owner's parcel. 4. The parties acknowledge that pump electric charges will be paid by the Parcel Owner's Association. Monthly dues will be assessed by the Parcel Owner's Association, a portion of the assessment shall include the electric bill for the Strong Well. Parcel 1 shall pay two -sixths of the bill, Parcels 2 through 5, inclusive, shall each pay one-sixth (1/6). 5. In the event that any owner determines that repair, maintenance, improvements, or replacements are necessary for the well structure, pipelines or appurtenant common facilities, such owner shall notify the other owners in writing. The owners agree to cooperate for the purpose of entering into mutual agreements for completion and payment of such repairs, maintenance, improvement or replacement costs. Should the parties fail to reach mutual. agreement on payment or shared costs and expenses, the Parcel Owner's Association for the development shall be authorized to hear and settle such a dispute after review of all facts, which decision shall be binding on all owners. Any owner shall be entitled to make any and all reasonable improvements in an emergency which are essential for the proper functioning of the well, pump, pipeline or appurtenant facilities and to seek reimbursement from the other owners. 6. The parties agree that all common expenses and costs incurred for the operation, repair, maintenance and replacement of the well, its pump and common pipelines shall be paid by the PUD Parcel Owners Association. 7. Each owner shall be entitled to its proportionate share of the water produced from the Strong Well, subject to the Declaration of Covenants of the development and the conditional approval of Well Permit #67484-F. No owner shall use more that its proportionate share of the water physically available from the well. Each party agrees that the water withdrawn for the well shall be used only for those uses itemized in the Planned Unit Development Guide recorded at Reception Number in the records of the Garfield County Clerk and Recorder. The parties further agree that the water from the Strong Well shall be used in accordance with any other terms and conditions imposed on the well permit. 8. No owner may waste water, and each owner shall exercise prudence and conservation in the use of the water. The owners each agree to exercise such prudence and conservation to allow for efficient and beneficial use of the well and to avoid burdening the aquifer and well pump unnecessarily. 9. In the event that any government or judicial authority imposes future requirements or restrictions on the use of the Strong Well, the owners agree to mutually comply with such requirements to ensure a continuing water supply for each parcel. The parties agree to share equally in any costs associated with such compliance. 10. In the event the Strong Well should ever run dry or fail for any reason, the owners may decide either to redrill the well or drill a new well. Should the owners fail to reach agreement on the proper remedy, the Parcel Owner's Association shall be requested to make such a decision, which decision shall be binding on the owners. 11. This Agreement shall inure to the benefit of and be binding upon the parties, their heirs, devisees, executors, administrators, transferees and successors in interest. 12. The language used in this Agreement and all parts thereof shall be construed as a whole according to its plain meaning and not strictly for or against any party. 13. If any covenant, term, condition or provision contained in this Agreement is held by a court of competent jurisdiction to be invalid, illegal or unenforceable in any respect, such covenant, term, condition or provision shall be severed or modified to the extent necessary to make it enforceable, and the resulting agreement shall remain in full force and effect. 14. This document embodies the entire and complete agreement of the parties on the subject matter herein. No promise or undertaking has been made by any party, and no understanding exists with respect to the transactions contemplated, except as expressly set forth herein. All prior and contemporaneous negotiations and understanding between the parties are integrated and merged into this Agreement. 15. This Agreement may be amended from time to time by amendments made by the parties in written form and executed in the same manner as this Agreement. This Agreement shall be recorded with the Garfield County Clerk and Recorder. Any future amendment to the Agreement shall also be recorded in the same manner. 16. The Developer states this agreement shall run with the parcels of land as described on the Final Plat of the Strong Subdivision and Planned Unit Development, Garfield County, CO, and any amendments thereto, and be a burden and benefit upon those properties. 17. This Agreement may be executed in duplicate original counterparts, each of which shall constitute an original but all which shall constitute one and the same document. 18. All notices required under this Agreement shall be in writing and shall be hand delivered or sent by facsimile transmission, electronic mail or registered or certified mail, return receipt requested, postage prepaid, to the addresses of the appropriate parties. All notices by hand delivery shall be effective upon receipt. All facsimile or electronic mail transmission shall be effective upon transmission receipt. All notices by mail shall be considered effective seventy-two (72) hours after deposit in the United States Mail with the proper address and postage. 19. The terms of this Agreement and the obligations, duties, responsibilities and benefits hereunder shall survive closing on any conveyance of real property described herein, and shall not merge with the deed or other conveyance documents. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year set forth next to their signatures. UNA DEVELOPMENT, LLC By: Purchaser of Parcel STATE OF COLORADO COUNTY OF GARFIELD )ss. ) Date: Date: Acknowledged, subscribed and sworn before me this day of 2008, by , Manager of Una Development, LLC. WITNESS my hand and official seal. My commission expires: Forum No. GWS -25 APPLICANT OFFICE OF THE STATE ENGINEER COLORADOldg.. DIVISION OF Sherman St,, Denver, aEo RpRESOIJRCES 3 (303) 865.3561 GEORGE P STRONG PO BOX 808 SILT, CO 81652- (970) 379-3265 EXST WELL PERMIT NUMBER 67484 _ F DIV. 5 WD 39 DES. BASIN MD CHANGE/EXPANSION DF USE OF AN EXISTING WELL ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit does not ensure that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action, 2) The construction of this well shall be in compliance with the Water Weil Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the Stale 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 Rivr, onthe the condition that the well shall be operated only when the West Divide Water Conservancy District's substitute water supply plan, approved by 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 #070322SL(a) (amended). 4) Approved for the use of, an existing well, constructed on March 28, 1997, to a depth of 35 feet under permit no. 201120 (canceled) and later permitted for an expansion of use with a pump being installed November 7, 2007, under permit no. 68018-F (can eled) and later permitted for an expansion of use under permit no. 66544-F (canceled). Issuance of this permit hereby cancels permit no. 66544-F. 5) The use of ground water from this well Is limited to fire protection, six (6) office units, five (5) warehouse units, the irrigation of not more than 5,000 square feet (0.11 of an acre) of gardens, lawns and landscaping. 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 Strong Well. 6) The pumping rale of this well shall not exceed 15 GPM. 7) The average annual amount of ground water to be appropriated shall not exceed 2.69 acre-foot (941,706 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 lake necessary means and precautions to preserve these markings. This welt shall be located not more than 200 feet from the location specified on this permit and at least 600 feet from any existing well, completed in the same aquifer, that is not owned by the applicant. 10) A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records of all diversions mull be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request. NOTE: Canceled ecinri: ires. 201120, 66018-F and 66544-F were previously issued for this well at this location. NOTE: parcel Identification Number (PIN): 23-2409-273-00-002 p g/a q���J NOTE: Assessor Tax Schedule Number: R460074 APPROVED WELL LOCATION GARFIELD COUNTY SW 1/4 SW 1/4 Section 27 Township 7 S Range 96 W Sixth P.M. DISTANCES FROM SECTION LINES 90 Ft_ from South Section Line 1100 Ft. from West Section Line UTM COORDINATES (Meters,7-one:13,NAD83'i Eastjng: Northing: APPROVED DMW Receipt No. 956305: 2 ,_ . State Engineer By XPIRATION DATEDATE ISSUED 08-29-2008 ORDER OF THE STATE ENGINEER IN THE MATTER OF WELL PERMIT NO. 66544-F LOCATION: SW 1/4, SW 1/4, SECTION 27, TOWNSHIP 7 SOUTH, RANGE 96 WEST, 6th P.M. APPLICANT: GEORGE P STRONG THE STATE ENGINEER FINDS: 8. The well permit was issued on Noember 21, on June 27,407, 997,i�expiration an dicat`s gilZ t thedate well N�as constructedon A well construction report was submitted March 28, 1997, to a depth of 35 feet, and later permitted for an expansion of use with a pump being installed November 7, 2007, under permit no. 66018 Fcanceled) and hereby ate er peels permit no. for an expansion of use under permit no. 66544-F (canceled). issuancethis permit On June 6, 2008, the current well owner (George Strong) submitted an application to change the use of the existing well permit no. 66544-F, The new permit (permit no. 67484-F) allows for the change of use of the well (Strong Well) in accordance with the West Divide Water Conservancy District contract no. 070322SL(a), amended May 29, 2008, The well permit is hereby canceled and is of no further force or effect. August 29, 2008 Dick Wolfe State Engineer By: Dwight M. Whitehead Engineering Tech (Ground Water) cc: Division Applic asst :drnw/066544-17 order to cancel, Strong. George OS -26-08 Justification for Increased Height of Structures within the PUD The maximum height of buildings may be increased above the maximum permitted for like buildings in other zone districts in relation to the following characteristics of the proposed building: 1] It's geographical location; Response: The present zoning of the property is AfRJRD. This zoning contemplates, generally, that residential uses are the most -likely use of the lot. The geographical area has been transitioning over the last decade to a much more intensively utilized area for natural gas industry support It is quite likely when the area is next studied for updating the County Comprehensive Plan, it will be recognized that the area would be more appropriately zoned commercial and industrial. Industrial zoning tends to focus on larger, heavier industries that utilize larger structures. In fact, the adjacent Encana Compressor Facility has structures that are 40 feet in height, demonstrating the transitioning of the land uses in the area. 2] The probable effect on surrounding slopes and mountainous terrain; Response: There would be no negative effect on slopes or mountainous terrain as the site slope is quite gentle. Hence, no substantial grading or slope side -cutting will be performed in the construction of the taller structures. 3] Unreasonable adverse visual effect on adjacent sites or other areas in the immediate vicinity; Response: The development is limited to no more than 15% of site coverage by buildings. Hence, there will not be a cavernous effect on narrow or limited corridor space between buildings. Furthermore, due to the site coverage limitation, the buildings will not appear to be more massive or bulky than they would if more of the site were to be allowed to be developed with structures. Finally, the area has evolved to be industrial in nature and land uses in the immediate vicinity are similar to what is proposed in this development. 4] Potential problems for adjacent sites caused by shadows, loss of air circulation or loss of view; Response: As discussed above, the site coverage for buildings of no more than 15% will result in a less dense type of development. Hence, shadows cast off site would be quite minimal or nonexistent. None of the surrounding properties contain residential uses, nor do any of the surrounding properties utilize solar aspect in their operations. S] influence on the general vicinity, with regard to extreme contrast, vistas and open space; and Response: As discussed previously, the area is rapidly transitioning to industrial in use and character. The proposal for increased height for structures is not in conflict with the actual land uses in the vicinity. No extreme contrast would result as the PUD Guide requires using earth -tone color schemes for structures. Vistas and open space would still be preserved by the 15% maximum lot coverage provision for structures. 6] Uses within the proposed building. Response: Uses within the anticipated structures are consistent with the industrial nature of the development and the area. Typically, these uses include heavy equipment and large materials that are best accommodated within larger structures. Larger structures allow the fabrication of larger materials that are anticipated to occur within the development. Justification for Uses Not Itemized in the Zoning Resolution Site planning for the development was initiated in an attempt to identify appropriate uses that would provide the natural gas development industry with the infrastructure and land necessary to locate and operate their businesses. It is understood that many of the land uses that are be required today may not be as necessary in the future. Hence, planning has been conducted to identify the land uses that would be of most benefit today, as well as land uses that may be needed in the future. Not all proposed land uses within the PUD are currently recognized in the underlying A/RIRD zone district. However, the subject land uses are identified in the proposed new land use regulations currently under review by the Board of County Commissioners as being appropriate for what would become the zone district now known as A/RJRD. In order that we may propose a development that meets the needs of today and attempt to meet future, potential needs, a few additional land uses are proposed. Specifically, those uses are: Materials lab and testing and Warehouse and Distribution Center. Materials lab and testing is a wholly integrated use into the industrial nature of the development and would conform exactly with the purposes of the development. The Warehouse and Distribution Center provision recognizes the likely evolution of land uses in the area, as they transition from natural gas development support to something else in the future. The subject property enjoys over 1500 feet of frontage adjacent to the Union Pacific railroad corridor and would make an excellent, possible shipping point sometime in the future. Staff has recommended these proposed uses be justified using the criteria contained in Section 5.03.09 of the Zoning Resolution, to wit: Uses Not Itemized: Upon application or on its own initiative, the County Commissioners may, by resolution, add to the uses listed for a Zoning District any other similar use which conforms to the conditions set forth in the following special findings: 1] Such use is appropriate to the physiographic and general environmental character of the District to which it is added; Response: The general physiographic and environmental character of the area within the zoning district has been transitioning to commercial and industrial, with all adjacent land uses being industrial in nature. The adjacent railroad corridor provides an excellent opportunity to provide a land use that may be advantageous in the future. 2] Such use does not create any more hazard to or alteration of the natural environment than the minimum amount normally resulting from the other uses permitted in the District to which it is added;