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HomeMy WebLinkAbout1.00 General Application Materials• BALCOMB&GREEN WATER LAW I REAL ESTATE I LITIGATION I BUSINESS EST4 1953 Tunothy A. Thulson Office (970) 945-6546 Direct (970) 928-3462 tim(&balcombgreen. coin May 12, 2017 Via Hand Delivery Garfield County Community Development Department c/o Glenn Hartmann 108 8`h Street, Suite 401 Glenwood Springs, CO 81601 RE: ADMINISTRATIVE REVIEW FOR COMMUNITYMEETING FACILITY Dear Glenn: I provide herewith for filing in your office for purposes of completeness review three hard copies and one digital copy (CD) of the above -entitled application along with a check in the amount of $250 for the application fee. I look forward to working with you further on this. I would note that this application is comprised of the following: Enclosures: Exhibit A Narrative Statement Exhibit B Pre -Application Conference Summary Exhibit C Land Use Change Permit Application Exhibit D Vicinity Map Exhibit E Statement of Authority authorizing Lawrence ("Larry") R. Halonen to act on behalf of the Applicant, Red Barn Guest Ranch LLC Exhibit F Site Plan Exhibit G Deed Exhibit H "Improvement Location Certificate" with Legal Description Exhibit I Adjacent Property Owners Exhibit J List of severed Mineral Right Owners Exhibit K Onsite Wastewater Treatment Report Exhibit L Water Supply Plan & Reports Exhibit M Traffic Waiver Letter Of course, should you have any questions or concerns please let me know at your convenience. TAT/lp Encls. Very truly yours, BALCOMB &GREEN, IF A. Thulson ASPEN I BASALT I GLENWOOD SPRINGS I LAMAR Post Office Box 790 J Glenwood Springs, Colorado 81602 800.836.5928 1 970.945.6546 1 Ra1rnmhr1rPPn rnm EXHIBIT A NARRATIVE DESCRIPTION OF PROPOSED LAND USE CHANGE I. The subject property at 345 Mid Valley Lane is a 20.76 Acre Parcel with the following existing, detached structures and Site Amenities; a. "Main House" a 2 -story home of 3,176 square feet of Living Area, 4 Bedrooms, 3 Baths, a 408 square foot Basement and 1,518 square feet of Covered Porch b. "Guest House -1", a 960 square foot guest house with 4 Rooms. C. "Guest House -2"; a 1,029 square foot guest house with 2 rooms d. "Garage" an 8 -vehicle Garage and Workshop of 3,600 square feet. e. "Red Barn"; a 2 -story, 4,425 square foot barn with 7 Horse Stalls, a Central Meeting Room, 2 Tack Rooms, Office, Storage Rooms, Bathroom, Vet & Laundry Room and a second story Meeting and Event Room. f. "Hay Barn"; a new Hay Barn of 4,400 square Feet plus a 3,040 square foot Main Stable comprised of 10 Horse Stalls and a Tack Room g. "Small Stable"; a 1,320 square foot Stable with 6 Horse Stalls and a Storage Area h. 4 Large, Fenced Pastures for Horse Grazing L A Large, Fenced Pasture with 3 Shade Structures j. A large Riding arena and a 90 foot diameter 'Bull Ring" k. Extensive lawns and orchards I. 2 Wells and 4 separate septic tanks with leach fields II. Current Zoning is "Rural", Comprehensive Plan is "Residential Medium High (2-6 Ac/DU) III. The existing use of the property is a residence with guest houses and horse boarding. The proposed use is to continue the Residential uses in the main house and horse boarding and care in existing facilities. Additionally, we propose adding Community Meeting Facilities in the renovated Garage and Red Barn and utilizing the existing guest houses for lodging; prior to the initiation of lodging uses, Applicant will need to obtain separate approval from Garfield County for the same in conformance with that discussed in the Pre -Application Summary attached hereto All improvements will be within existing structures and no additional buildings are proposed. IV. The proposed events will include weddings, family picnics or reunions, corporate events, quilting retreats and similar gatherings. Wedding ceremonies, dinners and receptions will be held in the Red Barn, Garage (which we have re -named the Carriage House) and on various outdoor lawns or orchards. Other events may be held in the riding arena, Hay Barn or other sites desired by the clients. The Main House may be used for small gatherings such as Rehearsal dinners. V. The average event size would be 100 people with an occasional larger group of up to 300 people. We anticipate 60 events per year at full development with only one or 2 of the larger events. We want to keep the rural and pastoral look and feel of the property and do not want large paved areas. Consequently, we propose using a large pasture just west of the Events Center as a grass Community Development Department, Garfield County May 1, 2017 Page 2 lawn that will be used for event parking. We show 109 spaces in our parking area, but more can easily be added as needed. We do not feel a traffic study is needed and request a waiver for that requirement. Attached is a letter from our Civil Engineer, Chris Hale, documenting that request. The existing Drives and access are "All -Weather" (gravel) and shall be maintained as is, with an existing secondary access drive to the rear (west) of the property. VI. The existing Guest Houses will provide 6 total Guest Rooms available to Event Guests. We propose to add a Men's and Women's Bathroom with 2 stalls and 2 lav's to the Red Barn that will serve event guests. Attached is the "OWTS" study from our Civil Engineer documenting waste treatment for a 300 person event. VII. The existing 2 wells have been tested and a Water Supply Plan with documentation has been prepared by our Water civil engineer, Colorado River Engineering. Water samples have been sent to the lab for analysis and will be sent to us when completed. The existing wells are adequate for our proposed uses and have been approved by West Divide Water District. VIII. We are requesting a waiver for Grading and Drainage Plans as the existing property is essentially flat and not being altered. There are no drainage issues and no areas of significant impervious surfacing is being added. There is extensive landscaping existing on the property and will be maintained. Future plans call for a pond to be added. X. There is no wildlife habitat on the property and no significant Impact, therefore we are requesting a waiver for an impact analysis. X. The Red Barn will utilize both floors for events and gatherings including wedding dancing. The Barn will be analyzed by a Structural Engineer to verify it's compliance with safety and codes. We will be adding a secondary stair and elevator to serve the second floor. XI. There will be no on-site kitchen facilities or cooking other than outdoor Bar-B-Que's. All events will be catered by outside vendors. EXHIBIT B w�<<: , Garfield County_ Community Development Department 108 8" Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garrield-countv.com TAX PARCEL NUMBER: 2181-063-00-135 PRE -APP DATE: 10/20/16 PROJECT: Hallett Wedding Facility CURRENT OWNER: Fred Chaney FUTURE OWNER OPERATOR AND APPLICANT: Richard Hallett REPRESENTATIVES: Tim Thulson, Balcomb and Green Mike Deer, Realtor COMPREHENSIVE PLAN: Residential Medium High (2 < 6 Ac/DU) PRACTICAL LOCATION: 345 County Road 262, New Castle, CO 81647 TYPE OF APPLICATION: Administrative Review for a Community Meeting Facility ZONING: Rural 1. GENERAL PROJECT DESCRIPTION The Applicant is proposing to operate a community meeting facility for events to include, weddings, corporate events, and similar gatherings. The facility would utilize existing buildings on the site including a large two story bam (approximately 5,000 sq.ft.) and two residences. The bam would include spaces for wedding ceremonies, receptions, and dancing. The residences could be utilized as guest houses for event participants. In general no cooking or indoor kitchen facilities are proposed as part of the event facility as the events would be catered. However, an outside BBQ area may be developed. The site is approximately 20 acres in size and served by existing wells (2) and on site waste water treatment facilities (OWTS). All other utilities are existing to the site. The site is accessed off of County Road 262 by a private driveway. Adequate on-site parking would be required. The facility would average around 100 attendees per event with an estimate of parking for 50 vehicles. The Applicant anticipates installing an elevator in the barn to serve the second floor. At this time the Applicant did not anticipate building any new structures. Key topics discussed with the Applicant included: • Verification that the existing wells can be used for the commercial use. • Documentation that OWTS are adequate and in good condition along with the potential use of portable facilities. • Structural engineering review of the existing barn and confirmation that it meets code requirements and/or potential for remodeling and structural upgrading. Andy Schwaller, Chief Building Official participated in the pre -application meeting. • Provision of adequate parking and potential need for upgraded County Road Access Permit. • Inclusion of guest house/lodging associated with the use would likely require a concurrent review of a land use change permit for a lodging facility. Given the developed nature of the site and the lack of any new structures waivers from some submittal requirements (such as topography for the entire site) were discussed. General information on the site including any special features, water bodies, steep slopes, or natural/geologic hazards would need to be addressed by the submittals. ll. SUMMARY OF REGULATORY PROVISIONS REQUIRED TO ADDRESS Garfield County Comprehensive Plan 2030 as amended Garfield County Land Use and Development Code as amended o Article III, Zoning • Rural Zone District - Lot/Building Requirements (Table 3-201) and Use Table (Table 3-403) o Article IV, Application and Review Procedures ■ Administrative Review Process (Section 4-103) ■ Common Review Procedures (Section 4-101) ■ Table 4-102 Common Review Procedures and Required Notice ■ Application Materials (Table 4-201 and Section 4-203) ■ Sections 4-118 and 4-202, Submittal Waivers and Waivers from Standards o Article VII, Standards -- Division 1 General Standards, Division 2 General Resource Protection Standards, Division 3 Site Planning — as applicable III. ADMINISTRATIVE REVIEW PROCESS In summary, the Application will follow the Administrative Review Process contained in Sections 4-101, 4-103 and Table 4-102: 1. Pre -application Conference 2. Submittal of 3 hard copies of the Application along with 1 Digital PDF copy. 3. Review by staff for Technically Complete Status 4. If Technically Complete the Applicant will be notified, the request scheduled for a decision by the Director. If Not Technically Complete the Applicant will be advised of the deficiencies and will have 60 days to address completeness topics. 5. Applicant completes public notice mailing by certified mail to adjacent property owners within 200 ft. and mineral rights owners on the property. The mailing is required to be a minimum of 15 days prior to the Director's Decision. 6. Staff prepares a report including public and referral comments. 7. The Director's Decision is documented by letter as of the noticed date. 8. 10 day call up permit where the Applicant and adjacent property owners can request that the decision be reviewed by the Board of County Commissioners. 9. Director issues the Land Use Change Permit if no requests for a call-up are received and once all conditions of approval have been met. 10. The Applicant has one year from the date of the decision to address the conditions of approval. Extensions can be requested. IV. SUMMARY OF SUBMITTAL REQUIREMENTS — KEY TOPICS General Application Forms and attachments including agreement to pay form, application fees, evidence of ownership such as a deed for the property, and narrative description of the proposal. The general information also needs to include a list of property owners within 200 ft. and any mineral rights owners on the subject property. • If ownership is held in a trust, documents will need to be provided establishing who the trustees are and verifying their authority to sign for and represent the trust. • Vicinity Map (including the area generally within 3 miles of the site) • Site plan with information on proposed location of the community meeting facility, any other existing structures, and significant features on the property (i.e. easements, utilities, ditches etc.) • Grading & Drainage Plans — a submittal waiver to defer grading and drainage may be requested and should be supported by an assessment of the site confirming that the existing drainage is adequate and that no drainage problems exist. Addition of significant areas of impervious surfacing (i.e. parking areas) would require drainage plans. Landscaping Plans as appropriate based on the existing condition of the property. Application Submittal 3 Hard Copies 1 Digital PDF Copy (or CD o� USB stick) Both the paper and the digital copy should be split into individual sections. Please refer to the list included in your pre -application conference summary for the submittal requirements that are appropriate for your application: • General Application Materials Vicinity Map Site Plan ■ Grading and Drainage Plan ■ Landscape Plan . Impact Analysis Traffic Study Water Supply/Distribution Plan Wastewater Management Plan Article 7 Standards • Impact Analysis — basic descriptive information should be provided. Submittal waivers from detailed plans including wildlife habitat may be requested. General information on habitat may be available from the Colorado Parks and Wildlife. Typical practices to minimize impacts on wildlife (i.e. use of bear proof trash containers or storage of trash within structures) are often proposed. • Development and Improvements Agreements are typically not applicable (no vesting issues and no public improvements). • Traffic Study — General information on the County Road traffic is available from the County Road and Bridge Department. If waivers are requested from all or a portion of the study requirements, it needs to be supported by technical information. A new County Road Access permit will be required and a copy of the permit or evidence that an application has been filed should be provided. • Water supply plan and supporting documentation. Documentation of legal water (commercial use of the wells allowed), adequate well production and water quality testing. The plan should include any plans for temporary water service. • Waste Water Plans and supporting documentation demonstrating adequacy of the existing facilities and/or any proposals for supplemental portable toilet use. • Information to address applicable sections of Article 7, Division I, II, and III are needed. Application formats that respond to each section are recommended. Key topics include any hazards (general mapping can be provided), comprehensive plan (statements of compliance), utilities (references to existing or planned services), and access (address any Road and Bridge concerns). • Engineering information on the bam structure documenting compliance with code requirements including snow load and fire protection (potential for fire sprinklers) • Waiver requests need to address applicable review criteria (Sections 4-202 & 4-118) The Application submittal needs to include 3 hard copies of the entire Application and 1 Digital PDF Copy of the entire Application (on a CD or USB Stick). Both the paper and digital copies should be split into individual sections. Please refer to this pre -application summary for submittal requirements that are appropriate for your Application. Please note that if a lodging facility is proposed it would require an application for a Limited Impact Review Land Use Change Permit and would require a public hearing before the Board of County Commissioners. The lodging facility application can be under review concurrently with the community meeting facility and additional pre -application meetings/discussions with Staff would be appropriate to discuss the timing for that review. Additional meetings with Staff can also be scheduled to address specific questions regarding submittal waivers. V. APPLICATION REVIEW a. Review by: Staff for completeness recommendation and referral agencies for additional technical review b. Public Hearing: X Director Decision with notice (not a public hearing) Planning Commission Board of County Commissioners Board of Adjustment c. Anticipated Referral Agencies may include but are not limited to: Garfield County Road and Bridge Garfield County Attorney Fire Protection District Garfield County Environmental Health Manager Garfield County Vegetation Manager Colorado Division of Water Resources County Consulting Engineer VI. APPLICATION REVIEW FEES a. Planning Review Fees: $ 250.00 b. Referral Agency Fees: $_ _ _ ___ na (may be billed separately) c. Total Deposit: $ 250.00 (additional hours are billed at $ 40.50 /hour) VII. GENERAL APPLICATION PROCESSING Planner reviews the case for completeness and sends to referral agencies for comments. Planner will contact the Applicant and set up a site visit. Planning Staff reviews application to determine if it meets standards of review. Planner makes a recommendation of approval, approval with conditions, or denial to the appropriate hearing body which in the case of Administrative review is the Director of the Community Development Department. Vlll. DISCLAIMER The foregoing summary is advisory in nature only and is not binding on the County. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. This summary does not create a legal or vested right. This summary is valid for 6 months after which time an update needs to be requested. IX. Application Submittal — Public Information The Applicant is advised that the Application submittal once accepted by the County becomes public information and will be available (including electronically) for review by the public. Proprietary information can be redacted from documents prior to submittal. X. PRE -APPLICATION SUMMARY PREPARED BY: Glenn Hartmann Senior Planner 1012- Date U ZDate A. Section 4-103 Administrative B u CL E 0 E .o N .N E E E N T v A E .x 0 G Garfreld Count), Administrative Review Process (Section 4-103) •May be waived by Director •Applicant has 6 months to submit application Step 2: Application Submittal 910 business days to review *If incomplete, 60 days to remedy deficiencies .Mailed to adjacent property owners within 200 feet and mineral owners at least 15 days prior to decision date •21 day comment period Step 6: Evalution by Director Stip 1 • Decision •Call-up Period - within 10 days of Director's Decision •Applicant has 1 year to meet any conditions of approval EXHIBIT C Garde ldl Ct unty J Community Development Department 108 8'' Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212. "v. .,,Rariield-count i.co,n TYPE OF APPLICATION Administrative Review ❑ Limited Impact Review ❑ Major Impact Review ❑ Amendments to an Approved LUCP ❑ LIR (MIR ❑ SUP__ _ ❑ Minor Temporary Housing Facility ❑ Vacation of a County Road/Public ROW _❑_Location and Extent Review ❑ Comprehensive Plan Amendment LAN® USE CHANGE PERM IT APPLICATION FORM, ❑ Development in 100 -Year Floodplain i ❑ Development in 100 -Year Floodplain Variance ❑ Code Text Amendment ❑ Rezoning ❑ Zone District[] PUD ❑ PUD Amendment ❑ Administrative Interpretation -- --_ - ❑ Appeal of Administrative Interpretation ❑ Areas and Activities of State Interest ❑ Accommodation Pursuant to Fair Housing Act I ❑ -Pipeline Development - - ❑ Variance ❑ Time Extension (also check type of original application) s INVOLVED PARTIES Owner/Applicant Name:_40 Afw G K 21" 4�" Phone: (q 70 } 4 °�' O i Mailing Address ® i 07—me2 • City: /z,"7' State: 00' Zip Code:. E-mail: L#A�Al � Representative (Authorization Required) Name: Phone: I Mailing Address: (0Z`}-.32 )EFL City: State: (?A Zip Code: j E-mail: PROJECT NAME AND LOCATION Project Name: Assessor's Parcel Number: ASJ - jay Physical/Street Address: Ai Legal Description: l�a+i !??� s C-� ;=Ie %° Zone District: Property Size (acres): zo. & PROJECT DESCRIPTION Existing Use: Proposed Use (From Use Table 3-403): Description of Project: j REQUEST FOR WAIVERS _ Submission Requirements - - 10 The Applicant requesting W 'ver of Submission Requirement r Se "on -202. List: Section: Section: Section: Section: i Waiver of Standards - - ❑ The Applicant is requesting a Waiver of Standards per Section 4-118. List: Section: Section: Section: Section: I have read the statements above and have provided the required attached information which is correct and a urat o the best of my knowledge. -7 Signature of Property Owner Date OFFICIAL USE ONLY File Number: Fee Paid: S EXHIBIT D El I Kill dam �41 NZ S E :C3 0 tj 'Z 94, Job m 0 r. CD Job m 0 CD 0 0 ■ Z 3 w cQ -0 o a 0 0 0 0 C: CL co0 0 D A (D o 0 O 0O O 0 CL lo� EXHIBIT E r` q STATEMENT OF AUTHORITY 1. This statement of Authority relates to an entity named: Red Barn Guest Ranch LLC, a Colorado limited liability company 2. The type of entity is a: [ ] corporation [ { ] nonprofit corporation [ [X] limited liability company [ [ ] general partnership [ [ ] limited partnership [ [ ] registered limited liability partnership [ ] registered limited liability limited partnership ] limited partnership association ] unincorporated nonprofit association J government or governmental subdivision of agency ] business trust ] trust 3. The entity is formed under the laws of State of Colorado 4. The mailing address for the entity is: 345 Mid Valley Lane a/k/a 345 County Road 262, New Castle, CO 81647 5. The [X ] name(s), or [X ] position(s) of each person authorized to execute'instruments conveying, encumbering, or otherwise affecting title to real property on behalf of the entity is (are): Lawrence R. Halonen, Manager/Member Mary Pat Halonen, Member 6. (Optional) The authority of the foregoing person(s) to bind the entity is [ ] not limited [ ] limited as follows: 7. (Optional) Other matters concerning the manner in which the entity deals with interests in real property: S. This statement of Authority is executed on behalf of the entity pursuant to the provisions of Section 38-30-172, C.R.S. Executed this 11,�' day of March, 2017 By: Lawrence R. Halonen, Manager/Member State of ) ) ss. County of ) By:pryt Halonen, Member The foregoing 'instrument was acknowledged before me this day of March, 2017 by: Lawrence R. Halonen as Manager/Member and Mary Pat Halonen as Member of Red Barn Guest Ranch LLC, a Colorado limited liability company. Witness my hand and official seal. My Commission Expires: Notary Public CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of _ _ of M(Nf—_ On �kral «; 7.61 before me, Date personally appeared 0 Here Insert Name and '110nt- V1 al Name(s) of Signer(s) of the who proved to me on the basis of satisfactory evidence to be the persons) whose name(s)re subscrib to the within instrument and acknowledge me that � Ah executed the same . is ei authorized capacity(ies), and that by qhe - signature(s) on the instrument the person(s), or the en Ity upon behalf of which the, person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws rof the State of California that the foregoing paragraph ELIZABETH MURILLO is true and correct. Commission # 2016404 WITNESS my hand and official seal. Notary Public - California z — z Orange County D My Comm. Expires Mar 30.2017` Signature gnature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Docupnt ��y��� Title or Type of Doc;�(t: Document Date: Number of Pages: i 4 1 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Na e: _ Signer's Name: ❑ Corporate cer — Title(s): O Corporate Offic es): ❑ Partner — ❑ L ited ❑ General ❑ Partner — ❑ General ❑ Individual ttorney in Fact ❑ Individualey in Fact ❑ Trustee ❑ rdian or Conservator ❑ Trustee ian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: 02014 National Notary Association • www.NationaiNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 EXHIBIT F z 0 0 cf) m P, X lim Z m z 0 3: i 01 .A 103 m rn go M z 0 (n 0 :E z Z C.1 tg'BZP &R.LZ.00S MID VALLEY LANE COUNTY ROAD 262 rn In li�Ijl , X, CA m Z to m <>m m �o Z Zzo tin Z o m Fm Z�m X --i MEM ci 0 i 01 .A 103 m rn go M z 0 (n 0 :E z Z C.1 tg'BZP &R.LZ.00S MID VALLEY LANE COUNTY ROAD 262 rn In li�Ijl , X, CA m Z to m cc 0 EXHIBIT G 3 J SPECIAL WARRANTY DEED THIS DEED, made on March 15, 2017, between Fred B. Chaney of the County of Pinellas, and State of Florida, grantor(s), and Red Barn Guest Ranch LLC, a Colorado limited Iiability company whose legal address is: 345 Mid Valley Lane a/k/a 345 County Road 262, New Castle, CO 81647 of the County of Garfield; and State of Colorado, grantee: WITNESS, that the grantor(s), for and in consideration of the sum of ten dollars and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, have•granted, bargained, sold and conveyed, and by these presents do grant, bargain, sell, convey and confirm unto the grantee, its successors and assigns forever, all the real property, together with improvements, if any, situate, lying and being in the County of Garfield and State of Colorado described as follows: AS SET FORTH ON EXHIBIT "A" 'Y'(- also known by street and number as: 345 Mid Valley Lane a/k/a County Road 262, New Castle, CO 81647 TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor(s), either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described, with lire appurtenances, unto the grantee, its successors and assigns forever. The grantor(s), for themselves, their heirs, and personal representatives, successors and assigns do covenant and agree that they shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the grantee, its successors and assigns, against all and every person or persons claiming the whole or any part thereof_ by, through or under the grantor(s); except those items as set forth in Exhibit "B" attached hereto. IN WITNESS WHEREOF, the orantor(s) have executed this deed on the date set Forth above. Fred B. Chaney STATE OF A Of -1 ) SS. COUNTY OF p jXjdkCLS ) The foregoing instrument was acknowledged before me on March �, 2017, by Fred B. Chaney. Illy commission expires: ZIS P -10V'1 Commonwealth File No. 1610063-3 Return to: Red Barn Guest Ranch LLC, a Colorado limited liability company 345 Mid Valley Lane New Castle, CO 81647 No. 16. Rev. 4-94. SPECIAL WARRANTY DEED WITNESS land and official se< Notary Public CALEY ROBERTS NOTARY PUBUC STATE OF FLORIDA Camrr4 FF19&341 1� Expires 2/5/2019 File No. 1610063-3 EXHIBIT "A" A tract of land situated in the Southeast '/4 Northwest % and the Northeast % Southwest % of Section 6, Township 6 South, Range 91 West of the Sixth Principal Meridian, being more particularly described as follows: Beginning at a point on the southerly right-of-way fence of a County Road whence the Northwest Corner of said Section 6 bears North 3335'41" West 2,632.47 feet; thence along said right-of-way fence the following courses: South 88°01'13" East 548.55 feet; thence South 86°32'34" East 265.09 feet; thence South 68°53'42" East 85.61 feet; thence South 28°45'57" East 442.94 feet; thence South 00°27'29" East 428.64 feet to the centerline of the Ware and Hinds Ditch; thence along said Ditch centerline the following courses: South 5I°43'16" West 138.49 feet; thence South 76°56'13" West 134.52 feet; thence North 87043'10" West 185.83 feet; thence South 87°48'14" West 120.88 feet; thence North 48°48'42" West 111.11 feet; thence North 44°46'12" West 91.02 feet; thence North 5702'43" West 175.44 feet; thence North 50°58'37" West 65.75 feet; thence North 48°1 T09" West 182.27 feet; North 4I °50'16" West 169.04 feet; thence North 57°26'40" West 31.13 feet; thence leaving said ditch centerline on a course bearing North 07°14'07" East 461.33 feet TO THE POINT OF BEGINNING. EXHIBIT "B" Any and all water rights, claims; or title to water, whether or not the matters excepted are shown by the public record Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted and a right of way for ditches or canals as constructed by the authority of the United States, as reserved in United States Patent recorded February 24, 1896 in Book 12 at Page 409_ Right of the proprietor of a vein or lode to extract and remove his ore therefrom; should the same be found to penetrate or intersect the premises hereby granted and a right of way for ditches or canals as constructed by the authority of the United States, as reserved in United States Patent recorded March 18, 1902 in Book 56 at Page 441. Map and Statement of the Ware and Hinds Ditch; filed July 16, 1896 as Reception No. 19,178. Decree, Map and Statement for the Nelson Enlargement of the Ware and [finds Ditch recorded December 4. 1897 in Book 39 at Pagc 315 as Reception No. 20613. Reservation of an undivided one-half interest in and to all oil, gas and other minerals as described in deed recorded August 14, 1950 in Book 252 at Page 61 and any interests therein or assignments thereof. Terms; conditions and all matters set forth in Garfield County Resolution No. 79-125 recorded October 12, 1979 in Book 537 at Page 199. Right of way for County Road No. 214 and 262. Easement and rights of way for all ditches, canals, laterals, pipelines and utilities as constructed and in place. Possessory rights outside of fence, apparent easement for overhead utilities, easement for the Ware & Hinds Ditch and all matters shown on Improvement Location Certificate prepared by Divide Creek Surveyors Inc. dated November 17, 2016, Proj. 10129/2015. QUIT CLAIM DEED (Water Rights) Fred B. Chaney, Grantor, for and in consideration of the sum of ten dollars ($10.00), in hand paid, hereby sells and quitclaims to Red Barn Guest Ranch, LLC, Grantee, whose address is 345 Mid Valley Lane, New Castle, Colorado 81647, any and all right, title, interest, claim and demand which Grantor has in and to the following water and water rights, ditch and ditch rights, well and well rights, to wit: (a) An undivided five percent (5%) interest in and to all water rights decreed to the P. Tomkins, a/k/a Thompkins, a/k/a Roseman Ditch, which diverts water from Elk Creek including Priority No. 158aab decreed for 2.76 c.f.s. ori February 1, 1912, with an appropriation date of November 10, 1900; Priority 177a decreed for 5.56 c.f.s. (1.4 c.f.s. decreed on February 10, 1913, with an appropriation date of March 9, 19I0), and Priority 2201 decreed for 11.88 c.f.s. on January 11, 1943, with an appropriation date of March 4, 1921; (b) Twelve (12) shares in the Ware and Hinds Ditch Company; and (c) Two (2) water wells, one of which is identified by Well Permit No. 92777 issued August 26, 1977 TO HAVE AND TO HOLD the same, together with all and singular the appurtenances andprivileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of Grantor, cither in law or equity, to the only proper use, benefit, and behoof of Grantee, n Grantee's heirs, successors, and assigns forever. 9 Signed the 114111 day of W(' ,T ck\ 12017. GRANTOR: Fred B. Chaney By: Fred B. Chaney STATE OF �5kOv\aot ) ) ss. COUNTY OF P(ne-kkaS ) The foregoing instrument was acknowledged before me thisa day of _� Ch , 2017, by Fred Chaney, Grantor. WITNESS my hand and official seal. My cominission expires on V1)/ 7,OkGt Notary Public t1� CALEY ROBERTS NOTARY PUBLIC STATE OF FLORIDA Cornail FF196341 wv Expires 2/5/2019 File No. 1610063-3 EXHIBIT "A" A tract of land situated in the Southeast % Northwest '/4 and the Northeast t/4 Southwest % of Section 6, Township 6 South, Range 91 West of the Sixth Principal Meridian, being more particularly described as follows: Beginning at a point on the southerly right-of-way fence of a County Road whence the Northwest Corner of said Section 6 bears North 33°35'41 " West 2,632.47 feet; thence along said right-of-way fence the following courses: South 88001'13" East 548.55 feet; thence South 86°32'34" East 265.09 feet; thence South 68°53'42" East 85.61 feet; thence South 28°45'57" East 442.94 feet; thence South 00°27'29" East 428.64 feet to the centerline of the Ware and Hinds Ditch; thence along said Ditch centerline the following courses: South 51°43'16" West 138.49 feet; thence South 76°56'13" West 134.52 feet; thence North 87"43'10" West 185.83 feet; thence South 87048'14" West 120.88 feet; thence North 48°48'42" West 11 IA I feet; thence North 44"46'12" West 91.02 feet; thence North 57°02'43" West 175.44 feet; thence North 50°58'37" West 65.75 feet; thence North 48°17'09" West 182.27 feet; North 41°50'16" West 169.04 feet; thence North 57°26'40" West 31.13 feet; thence leaving said ditch centerline on a course bearing North 07°14'07" East 461.33 feet TO THE POINT OF BEGINNING. 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Q z s z { d9 iV W e9Ei6A a+Y� 6,V3' eyffjy {05s EXHIBIT I i F21-6 061M �ft- Ft Gin 40027,1 Garfield County Garfield County Colorado Land Explorer jearch Address Parcel (PIN) Account Enter all or part of an owner narl Search PLSS (Township, Range, Section) I Subdivision Buffer Draw Layers Measure Locate Basemap Results Copy CSV PDF Print Search: ! —� Parcel Physical Owner Address 4633 214 YOAST, 218106200047 COUNTY JAMES B RD SILT & SHARON L owing 1 to 1 of 1 entries Previous RI Next A he map PIN 218106200047 X Report la! Details $ Tax Files 1_�D email Account R015073 Owner YOAST, JAMES B & SHARON L Physical Address 4633 214 COUNTY RD SILT 81652 Mailing Address 4633 COUNTY ROAD 214 SILT, CO 81652-9513 Acres 2.563 2016 Mill Levy 50.4090 _&W a Garfieldl�r�, 9tyy Garfield County Colorado Land Explorer IL Address Parcel (PIN } Account Owner 218106200051 Search f PLSS (Township, Range, Section) Subdivision Buffer Draw Layers Measure Locate Basemap 1 to 1 of 1 entries Previous E Next PIN 218106200051 [--'7 Report R Details $ Tax I� Files B email Account R015004 Owner BECKER, JAMES R 611080W _ 17- 7 Physical Address 4441 214 COUNTY RD i SILT 81652 Mailing Address 4441 COUNTY ROAD 214 SILT, CO 81652 Acres 14.8 2016 Mill Levy 50.4090 he map 49 Results Copy CSV PDF Print Search: ( Parcel Physical Owner Address 4441214 BECKER, 218106200051 COUNTY RD JAMES R SILT 1 to 1 of 1 entries Previous E Next PIN 218106200051 [--'7 Report R Details $ Tax I� Files B email Account R015004 Owner BECKER, JAMES R 611080W _ 17- 7 Physical Address 4441 214 COUNTY RD i SILT 81652 Mailing Address 4441 COUNTY ROAD 214 SILT, CO 81652 Acres 14.8 2016 Mill Levy 50.4090 he map 49 711111- r�,�Garfield County Garfield County Colorado Land Explorer Address Parcel (PIN) Account Owner R015069 Search PLSS (Township, Range, Section) al Subdivision Buffer i Draw Layers Measure Locate Basemap Results Copy CSV PDF Print Search: Parcel Physical Owner Address 4731214 WILKINSON, 218106200046 COUNTY MARTIN R RD SILT ihowing 1 to 1 of 1 entries Previous la Next PIN 218106200046 F-9 Report -`-Details $ Tax 71 Files 0 email Account ROI 5069 Owner WILKINSON, MARTIN R mat Physical Address 4731 214 COUNTY RD SILT 81652 Mailing Address 9 BENCHMARK DRIVE BOULDER, CO 80303-5125 Acres 2 2016 Mill Levy 50.4090 he map A� a 111, K J ��TI I 72�W:, Garfield County Garfield County Colorado Land Explorer Address Parcel (PIN) Account Owner JR015032 a Search PLSS (Township, Range, Section) Subdivision i Buffer Draw Layers Measure Locate Basemap Results Copy [CSV PDF Print Search: C7 Parcel Physical Owner Address GHAN, 4773 214 MICHAEL S 218106200045 COUNTY & RD SILT DEBORAH T lowing 1 to 1 of 1 entries .PIN 218106200045 d Report f= Details $ Tax [J Files N7 email Account R015032 t82 Owner GHAN, MICHAEL S & DEBORAH T Physical Address 4773 214 COUNTY RD SILT 81652 Mailing Address 4773 COUNTY ROAD 214 SILT, CO 81652 Acres 1.88 2016 Mill Levy 50.4090 ►• he map MrGarfield County Garfield County Colorado Land Explorer Search Address Parcel (PIN) Accouni Owner R006629 Search PLSS (Township, Range, Section) Subdivision Buffer Draw Layers Measure Locate Basemap Results Copy CSV PDF Print Search: Parcel Physical Owner Address WHITTINGT( 4791 214 THE VALTO 218106200273 COUNTY DELBERT RD SILT FAMILY TRI. DATED JUN 25, 2001 )owing 1 to 1 of 1 entries e map '!r•,)wZ !�# _ & PIN 218106200273 Report != Defails $ Tax Files Account R006629 Owner WHITTINGTON, THE VALTON DELBERT FAMILY TRUST DATED JUNE 25, 2001 Physical Address 4791 214 COUNTY RD SILT 81652 Mailing Address PO BOX 161 RIFLE, CO 81650- 0161 Acres 5.293 2016 Mill Levy 50.4480 6 MrGarfield County Garfield County Colorado Land Explorer Address Parcel (PIN) Account Owner ER006628-- Search PLSS (Township, Range, Section) Subdivision i Buffer Draw Layers Measure Locate Basemap 1 to 1 of 1 entries Previous Fil Next e map PIN 218106100272 X Report z-�' Details $ Tax � Files R email Account R006628 Owner GUCCINI, TOBY J & DEBRA J Physical Address 4789 214 COUNTY RD SILT 81652 Mailing Address PO BOX 88 NEW CASTLE, CO 81647 Acres 2.819 2016 Mill Levy 50.4480 Results Copy CSV PDF Print Search: F— Physical Parcel Owner Address 4789 214 GUCCINI, 218106100272 COUNTY TOBY J & RD SILT DEBRA J 1 to 1 of 1 entries Previous Fil Next e map PIN 218106100272 X Report z-�' Details $ Tax � Files R email Account R006628 Owner GUCCINI, TOBY J & DEBRA J Physical Address 4789 214 COUNTY RD SILT 81652 Mailing Address PO BOX 88 NEW CASTLE, CO 81647 Acres 2.819 2016 Mill Levy 50.4480 Garfield County Garfield County Colorado Land Explorer Search Address [Parcel (PIN) Account Owner IR015165 Search PLSS (Township, Range, Section) Subdivision Buffer Draw Layers Measure Locate j Basemap Results Copy CSV PDF Print Search: Parcel Physical Owner Address 4833 214 HUNT, 21 81 062001 76 COUNTY EDGAR L & RD SILT SOCORRO ihowing 1 to 1 of 1 entries �� Previous I 1 1 Next PIN 218106200176 2� P Report f_j Details $ Tax E.1 Files f2 email Account R015165 Owner HUNT, EDGAR L & SOCORRO Physical Address 4833 214 COUNTY RD SILT 81652 Mailing Address 4815 COUNTY ROAD 214 SILT, CO 81652-9513 f Acres 2.2 2016 Mill Levy 50.4090 he map t' a Garfield Cotinity Garfield County Colorado Land Explorer Search " Address Parcel (PIN) ccourit Owner - R015168 Search PLSS (Township, Range, Section) Subdivision Buffer Draw Layers Measure Locate Basemap Results Copy CSV PDF Print Search: _ Parcel Physical Owner Address Not MURR, 218106100183 NEwlable RICHARD CASTLE 1 0 howing 1 to 1 of 1 entries 1 Previous � 'hex' �he map PIN 218106100183 P. Report [__° Details $ Tax ) Piles F:7) email Account R015168 Owner MURR, RICHARD J Physical Address Not available NEW CASTLE 81647 Mailing Address 37659 HIGHWAY 6 NEW CASTLE, CO 81647-9434 Acres 149.706 2016 Mill Levy 50.4090 GarfeId C01"Itjy Garfield County Colorado Land Explorer Search Address Parcel (PIN j I [Account Owner J R150198 Search I PLSS (Township, Range, Section) Subdivision Buffer Draw Layers Measure Locate Basemap Results Copy CSV PDF I Print Search: Parcel Physical Owner Address 4354 214 PFEIFER, 218106300220 COUNTY RD MICHELE SILT howing 1 to 1 of 1 entries Previous la Next e map PIN 218106300220 9 Report R� Details S Tax J Files Il email Account R 150198 Owner PFEIFER, MICHELE Physical Address 4354 214 COUNTY RD SILT 81652 Mailing Address 0295 COUNTY ROAD 262 SILT, CO 81652 Acres 83 2016 Mill Levy 50.4090 Garfield County I Garfield County Colorado Land Explorer Search ----- - - + Address Parcel (PIN) 1 Owner �R150197 � Search PLSS (Township, Range, Section) Subdivision Buffer Draw Layers Measure Locate Basemap CASTLE 1 to 1 of 1 entries Previous a Next e map J21 PIN 218106300219 R7 Report [=7 Details $ Tax ] Files ll email Account R 150197 Owner PFEIFER, MICHELE Physical Address 295 262 COUNTY RD NEW CASTLE 81647 Mailing Address 0295 COUNTY ROAD 262 SILT, CO 81652 Acres 35 2016 Mill Levy 50.4090 Results Copy CSV PDF (Print Search: Parcel Physical Owner Address 295 262 218106300219 COUNTY RD PFEIFER, NEW MICHELE CASTLE 1 to 1 of 1 entries Previous a Next e map J21 PIN 218106300219 R7 Report [=7 Details $ Tax ] Files ll email Account R 150197 Owner PFEIFER, MICHELE Physical Address 295 262 COUNTY RD NEW CASTLE 81647 Mailing Address 0295 COUNTY ROAD 262 SILT, CO 81652 Acres 35 2016 Mill Levy 50.4090 Garfield Cour � Garfield County Colorado land Explorer Search, ^ d 21ii@fi'tQ�2>Ki Address Parcel (PIN) Account Owner - PIN 218106400056 JR01 5098 Report r l Details $ Tax 1 Files ID email Search Account R015098 � 'Owner GUY, PETER & BARBARA Physical Address 4954 214 COUNTY RD PLSS (Township, Range, Section) NEW CASTLE 81647 Mailing Address 4954 COUNTY ROAD 214 NEW Subdivision CASTLE, CO 81647 Acres 36.03 Buffer 2016 Mill Levy 50.4090 Draw r �� f �- 4.*4 Layers �iSi66i40i� ��siet VrA— Measure Locate 21's4o Basemap Results Copy CSV PDF Print - 2�no� �� Search: Parcel Physical Owner - Address - CTIT- 4954 214 GUY, 218106400056 COUNTY PETER & RD NEW BARBARA CASTLE 1 to 1 of 1 entries Previous 11 Next he map Garfield County Garfield County Colorado land Explorer :PeasiCii11 Address Parcel (PIN) Account Owner r Search PLSS (Township, Range, Section) Subdivision Buffer Draw Layers Measure Locate Basemap Results Copy CSV PDF Print Search: Parcel Physical Owner Address 68 262 DIXON, 218106400055 COUNTY RD LINDA M SILT g 1 to I of 1 entries Previous Next he map PIN 218106400055 X a Report "i Details $ Tax Piles E;� email Account R015101 Owner DIXON, LINDA M Physical Address 68 262 COUNTY RD SILT 81652 Mailing Address PO BOX 58 NEW CASTLE, CO 81647-0058 Acres 10.89 2016 Mill Levy 50.4090 EXHIBIT J SEVERED MINERAL INTERESTS A.V. Lough, address unknown EXHIBIT K MOUNTAIN GLOSS ENGINEERING, INC. Ceti( and Enviranmantal Ccnriuliini; and �a_sitf� March 23, 2017 Ked .Barn Guest Ranch C/O Mr. Larry Halon.en 26432 El Mar Drive Mission Viejo, CA 92691 RE: Red: Barn Guest Ranch, 345 Mid Valley Lane, Newcastle, CO Dear Larry: The purpose of this correspondence is to state our opinion that an onsite wastewater treatment system (OWTS) is feasible for the Red Barn Guest Ranch. The project proposes to construct a reception center for an events serving up to 300 people. The project .is .located in .Peach Valley, to the east of Silt and to the west of New Castle, at 345 Mid Valley Lane. This will be a gravity system from the events center to a conventional septic tank where a siphon doses to a leach field comprised of infiltration chambers. The event center will be served by well water. The OWTS is not within the 100 -year flood plain boundary. There are practical constraints that you should be aware of when considering the proper design, construction, and operation of the OWTS. Subsurface The LTAR was approximated from previous percolation results for other septic systems that are on the property and that have been permitted by Garfield County Building and Sanitation Department. These percolation tests results are very good and show that an OWTS is feasible for the site. However, soil results can vary significantly throughout a site; soils test will be required prior to obtaining a septic permit to determine the actual LTAR value, if there is bedrock, or if there is a high ground water table. A profile .hole will need to be excavated and an inspection performed to verify types of soils. It is recommended that these tests and the profile hole be performed during excavation and earthmoving operations to minimize the costs of mobilizing excavation equipment. This inspection may require revisions to the design. For approximating setbacks and field size, a conservative t.TAR value of 0.35 was used. Design Calculations The water use is based on a flow rate of 5 gallons per person per day. Using Garfield County Table 6-2, this equates 1,500 gallons per day (GPD) total. The design calculations for sizing of the septic system and the leach field follow: • Red Barn Guest Ranch: 300 Person. Capacity * 5 GPD per person = 1,500 GPD + Estimated LTAR = 0.35, to be verified prior to permitting * Minimum absorption area =1,500 GPD / 0.35 = 4285.75 sq. ft. • .Reduction in soil treatment areas for chamber/trench treatment with dosing = 4285.7 sq. ft. * 0.7 * 0.9 = 2,700 sq.ft estimated leach area 826'.,2 Grand Avenue, Glenwood Springs, CO 816€1 P. 970.945.55" E: 970.945.5558 www.mountaincross-eng.com Red .Barn Guest Ranch March. 2017 Page 2 of 3 • Required chambers= (2,700 sq.ft)/(12.34 sq.ft/chamber) = 218.8 chambers, Use 10 rows of 22 chambers, 220 chambers • Required septic tank volume = 2,000 gallons per Garfield County Table 9-1 The components manufacturers are typical for the area. Alternatives may be considered by contacting this office. Construction must be in accordance with the specifications of Garfield County Environmental Health, the OWTS permit, and this design. Topsoil should be placed over the OWTS and planted with native grasses. No large vegetation and/or plants with taproots should be planted over the absorption area nor grasses that require excessive irrigation. Setbacks The location for the septic and dosing tanks are limited by setback requirements per Garfield County and the State of Colorado. These include: • 50' FROM WELL • 10' FROM WATER SUPPLY LINE • 5' FROM BUILDING • 10' FROM PROPERTY LINE • 10' FROM LINED DITCH OR STREAM • 50' FROM STREAM # 5' .FROM LEACH FIELD The leach field setback requirements are: • 140' FROM WELL • 25' FROM WATER SUPPLY LINE • 20' FROM BUILDING • 10' FROM PROPERTY LINE • 10' FROM LINED DITCH OR STREAM. • 90' FROM UNLINED DITCH OR STREAM • 5' FROM SEPTIC TANK The setback requirements deal primarily with buildings and potential contamination from the septic tank, dosing tank, and leach field to either culinary water or surface water. These setbacks have been. included on the plans for reference. There is a proposed pond that will need to be either lined or the shape of the pond modified to conform to the required setbacks. Additionally, the Ware and Hinds ditch is within the setbacks for an unlined ditch. The ditch may be lined in this area but if it is not, the ditch will either need to be lined or the leach field moved out of the required setback distance. Mountain Cross Engineering Inc. Civil and Environmental Consulting and Design 826'/-- Grand Avenue, Glenwood Springs, CO 81601 P: 970.945.5544 l=: 970.945.5558 www_mountaincross-eng.coni Red .Barn Guest .Ranch March. 2017 Page 3 of 3 Operation Information and Maintenance The Owner will need to be responsible for the operation and management of the OWTS. Geo - fabrics or plastics should not be used over the absorption area. No heavy equipment; parking of machinery, or materials should be placed on. the absorption area. Livestock should not graze on the absorption area. Plumbing fixtures should be checked to ensure that no additional water is being discharged to OWTS; for example, running toilets or leaky faucets can discharge hundreds of gallons of water a day and harm the absorption area. Garbage disposal use should be minimized, and non -biodegradable materials should not be placed into the OWTS. Grease should not be placed in drains and grease traps should be installed upstream of the septic tank but downstream. from any kitchen. Loading from a water softener should not be discharged into the OWTS. No hazardous wastes should be directed into the OWTS. The OWTS is engineered for domestic waste only. The Owner will likely need to contract with a septic system cleaner to clean the septic tank every two years, or as needed gauged by measurement of solids in the tank. The standards of performance for the septic system cleaner are recommended to be the following, at a minimum: 1. The Systems Cleaner shall be licensed. 2. The Systems Cleaner, when cleaning a septic tank, shall remove the liquid, sludge, and scum, leaving no more than three (3) inches depth of sewage in a septic tank. 3. The Systems Cleaner shall maintain his equipment so as to ensure that no spillage of sewage will occur during transportation, and that its employees are not subject to undue health hazards. 4. The Systems Cleaner shall dispose of the collected sewage only at a designated site recognized by the Board of Health. Construction Observation Prior to being backfilled, the construction of the OWTS and all of the components will need to be observed by representatives of Mountain Cross Engineering, Inc. The conclusions and opinions that are expressed above are based on the information available at the time of preparation of this report. Any additional information presented afterward may require that these opinions and the design be modified. Thank you for the opportunity to provide this report. Feel free to call if you have any questions, concerns, or comments. Sincerely, Afountain Cross Engineering, Inc. Chris Hale, PE Mountain Cross Engineering Inc. Civil and Environmental Consulting and Design 826 '.-a Crane! Avenue, Glenwood Springs, CO 81601 P: 970.945.5544 F: 970.945.5558 www.mountaincross-eng.corn 'i¢`0g sJoW o s $T' P "n k D ke ; 2 "1 c i LA ;t �¢a ra ageg at -1 I a L� D 3 e s � k ��e L A F� c �T � R •J � T��r� -n y7 laE3 a2F,ty�L• __ a a: rig 8`•� 1 r, 0 1 ;�'l� 3 > ` ' b lk� "` 9 RED BARN MOUNTAIN CROSS l��GUEST RANCH ENGINEERING. INC- GINI aW &rv4amenvlCduW8n8 an00eil8n O.W.7.S. DETAILS a6nm�•a�Ws wo"wro'«�,�,..�v n,r ou+uw NJ�S�U •.�. '1•(IA�O-_—__._._– � � � W� j "G WPv+8W4 �]PY+b+a+o+W9Fml4+l� �b n; gF'� 1 f T� ssoma Kip 1whow Nuve a3u '�6 y a a Z5Z O}/02t hliVn6Tgh--- "-311y—_ y { W Y EXHIBIT L 0 LO, RAD 0 RV V111t ENC INEER IN6 INCOP.POPRTED May 5, 2017 Larry and Mary Pat Halonen c/o Red Barn Guest Ranch, LLC 345 County Road 262 New Castle, CO 81647 RE: CRE Job #1142 - Red Barn Guest Ranch, LLC - Water Supply Mr. and Mrs. Halonen: Colorado River Engineering, Inc has prepared this letter to address Garfield County's water supply and distribution requirements for the planned commercial development of a guest ranch and wedding venue. The guest ranch is contemplated to have two guest houses as well as 7,000 square feet of commercial area associated with the wedding venue, and 28 head of livestock. The wedding venue anticipates serving an average of 100 people for 52 weeks out of the year. This frequency of events does not qualify as a transient, non -community water system and is therefore not subject to the additional monitoring requirements of that type of water system. In order to address the requirements outlined in Section 4-203 (M) of the Garfield County Land Use and Development Code, four-hour pump and water quality tests were performed on the existing (unpermitted) well that will be serve as the water source for commercial uses. Legal Supply The Red Barn Guest Ranch (hereafter referred to as "The Ranch") is in the process of permitting the historic well on the property that will serve the wedding venue, referred to as the "Barn Well" (Figure 1). Because the wedding venue will expand the use of the well for commercial activities, the well will be permitted as a non-exempt, augmented well. The Ranch has acquired a West Divide Water Conservancy District contract (#170420LMH(a)) to cover out of priority depletions to the Colorado River associated with the wedding venue. A copy of the contract is provided in Appendix A. The contract covers 0.73 acre feet of depletions (including 5% transit loss) associated with 2 guest houses, 7,000 square feet of commercial space and 28 head of livestock. No irrigation uses are included in this contract because the Ranch also holds five Dio ENG INEE.91NEi IACORPORATt_D percent interest in the Roseman (aka Thompkins) Ditch and 12 shares in the Ware and Hinds Ditch Company. Well Construction The well to be used for the Ranch was never recorded with the State of Colorado. On April 13, 2017, a post -construction well test was performed by Ray's Well Done Pump Service, LLC. This report will be used to permit this well for the uses covered on the West Divide Contract. Once the well permit is finalized, it will be provided. Well Yield Tests The Garfield County Land Use and Development Code requirements for well water quantity testing are outlined in Section 4-203 (M)(1)(b)(5)(a). A four hour pump test was performed by Ray's Well Done Pump Service, LLC (State License: #1419). Results are summarized below and the report can be found in Appendix B. The well was pumped continuously for four hours and averaged 12.5 gallons per minute. The static water level was 89.1 feet and the well depth was reported to be 110 feet. The well is equipped with a % horsepower pump. The total draw down over the four hour test was 0.4 feet. The well made a full recovery within five minutes after pumping ceased. Over four hours, 12.5 gallons per minute yields 3,000 gallons, which is substantially more water than would be required for the anticipated commercial uses. Water demand for this well is fairly uniform throughout the year because there is no irrigation uses associated with the well. Demands for the guest houses are estimated to be 0.53 gallons per minute (gpm). Demands associated with the commercial uses are estimated to be 0.98 gpm and livestock demand at 0.23 gpm. These uses total 1.74 gpm. Even under peak conditions, the 12.5 gpm production of this well is more than sufficient to supply the anticipated uses. This well is subject to Colorado Revised Statute 37-90-137(2) which requires six hundred foot spacing between non-exempt wells. Well Permit: 117165-A is the closest to the commercial well at the Red Barn Guest Ranch, however the distance from well to well will need be verified. If it is within the spacing requirement, permission to use the augmented well will be requested from the owner. r OLO-MADO R�IV`_--E R� ENG INEE.RINO INCORPORATED Water Quality The Garfield County Land Use and Development Code requirements for well water quality testing are outlined in Section 4-203 (M)(1)(b)(5)(c) and include: Alkalinity, arsenic, cadmium, calcium, coliform bacteria, chloride, conductivity, copper, corrosivity, fluoride, hardness, iron, lead, magnesium, manganese, nitrate/nitrite, pH, sodium, sodium adsorption ratio, sulfate, total dissolved solids, uranium, zinc and alpha/beta radioactivity. Although the Colorado Department of Public Health and Environment's (CDPHE) Colorado Primary Drinking Water Regulations (CPDWR) generally apply only to public water systems and not to private water systems, the maximum contaminant levels contained in the CPDWR were used for reference. Water quality samples were obtained by Ray's Well Done Pump Service and sent to Accutest Laboratories. Laboratory results are provided in Appendix C, the well that will be used for commercial purposes is labeled as the "Barn Well". Please note that the project name was incorrectly transcribed and should read "Red Barn Guest Ranch", not "Ped Bar N Ranch". All required water quality parameters are within the State's established maximum contaminant levels as outlined in the CPDWR. Fecal coliform was indicated to be <2 per 100ml, which is the lowest possible detection limit and indicates fecal coliform is not present. As of this writing, the Gross Alpha/Beta radioactivity test had not been completed. Once those results are received and reported, the water quality testing completed satisfies Section 4-203 (M)(1)(b)(5)(c) of the Garfield County Land Use and Development Code. It is our opinion that the water supply for the proposed commercial wedding venue has adequate quality, quantity, and dependability for the proposed uses. If you have any questions, please do not hesitate to call our office at 970-625-4933. Best Regards, Christopher Manera, P.E. U Wendy Ryan rF 11 ,0LO-WADO ENCS INEER ING INCORPORATED Punch List: Requirements to be reported when received • Well permit for the "Barn Well". • Gross Alpha/Beta Radioactivity Test 1 N V^ 1 fi n � r Valle 4 �jR IIIED�J3 ID -a I Appendix A West Divide Water Conservancy District Contract WEST DIVIDE WATER CONSERVANCY DISTRICT April 20, 2017 Red Barn Guest Ranch, LLC 345 Mid Valley Lane New Castle, CO 81647 Re: Application to Lease Water Dear Larry and Mary Halonen: Enclosed is approved Water Allotment Contract # 170420LMH(a). 818 "Iaughenbaugh Blvd., Suite 101 P.O. Box 1478 Rifle, Colorado 81650-1478 Tel: (970) 625-5461 Web: tvww.wdwcd.org Email: water,rwdwcd.org The next step is to obtain a well permit from the Colorado Division of Water Resources office in Glenwood Springs. Once the well is drilled, a totalizing flow meter must be installed and maintained in good working order. In September, West Divide requests an annual reading of this meter. Non-compliance with measuring and reporting requirements are grounds for cancellation of this contract, which could result in action by the Colorado Division of Water Resources to curtail further use of the well. Also enclosed is some information regarding acquiring a meter. Sincerely yours, WEST DIVIDE WATER CONSERVANCY DISTRICT ib'rAft'� L��1r Tammy Keenan Enclosures cc Division No. 5 Water Resources w/contract Colorado River Engineering, Inc. w/contract Directors: Samuel B. Potter Kelly Coucy Robert J. "Lanella Bruce E. Wampler Dan R. Harrison WEST DIVIDE WATER CONSERVANCY DISTRICT APPLICATION TO LEASE WATER 818 Taughenbaugh Blvd. #101, P.O. Box 1478, Rifle, CO 81650 970-625-5461 watera wdwcd.org 1. APPLICANT INFORMATION /� Name: Lar and Ma Pat Halonen Le' &rn Mailing address: 345 Mid -Valley Lane (CR 252), ELLAOL New Castle, CO 81647 Telephone: 949-291-1888 Email: _Ihalonen(cDsbcgIobal.net Authorized agent: Wendy Ryan -CRE 2. COURT CASE #s: Decree Case No. Augmentation Plan Case No. 3. USE OF WATER RESIDENTIAL Number of main residences: 2 No. ADU's Subdivision: No. constructed units: No. vacant lots Home garden/lawn irrigation of total sq. ft. Method of irrigation: flood_ sprinkler_ other_ Non-commercial animal watering of 28 animals Fire Protection X Evaporation: Maximum water surface to be exposed: Description of any use, other than evaporation, and method of diversion, rate of diversion, and annual amount of diversion of any water withdrawn from the pond: _ Well SharbngAgreenrent for multiple owner wells must be submitted If greater than two owners, applicatlon must be made under a homeowners association. COMMERCIAL Number of units: 2 Total sq. ft. of commercial units: 7,000 Description of use: Weddintl Venue. 2nest houses, 2 event buildings �- INDUSTRIAL Description of use: Evaporation: Maximum water surface to be exposed: Description of any use, other than evaporation, and method of diversion, rate of diversion, and annual amount of diversion of any water withdrawn from the pond: DIRECT PUMPING Tributary: Location: 4. SOURCE OF WATER Structure:. well Structure Name: N/A Source: surface_ storage_ ground water X Current Permit # Unoermitted existing well (attach copy) CONTRACT# 170420LMH(a) MAP ID # 709 DATE ACTIVATED: 04/20/2017 5. LOCATION OF STRUCTURE Garfield SE NW County 6QuS91W Quarter/quarter Quarter6th Section Township Range P. M. Distance of well from section lines: 3,274' from East, 2,676' from South of Sec 6 See Exhibit A Elevation: 5583 Well location address: 345 CR 252, New Castle CO 81647 (well is being post -construction permitted) (Attach additional pagesfol- nudliple structures) 6. LAND ON WHICH WATER WILL BE USED (Legal description may be provided as an attachment.) A tract of land in the SE1/4 of NW 1/4 and NE 1/4 of SW 1/4 of Section 6 Township 6S Range 91W of 6th PM Number of acres in tract: 20.76 See Exhibit B Inchrsion Into the District, at Applicant's expense, may be required. 7. TYPE OF SEWAGE SYSTEM Septic tank/absorption leach field X Central System_ Other District name: 8. VOLUME OF LEASED WATER NEEDED IN ACRE FEET: 1 (minimum of 1 acre foot except augmentation from Alsbury Reservoir where a lesser amount is allowed) Provide engineering data to support volume of water requested Commercial, municipal, and industrial users mist provide diversion and consumptive data on a nronlhly basis. A totalizing flow meter with renmte readout is required to be installed and usage reported to West Divide Applicant etpressly acknowledges it has had fire opportuni(v to review the District's form Water Allotment Contract and agrees this application Is made pursuant and subject to the teens and conditions contained therein pplicanl Signature Ap icant S,iaturc Application Date: G ISSUED AS AREA B CONS RACT YES ,�JNO Printed portions of this form, except differentiated additions or deletions, have been approved and adopted by the West Divide Water Conservancy District Form: WDWCD 2014 APPLICATION 4/5/2017 GeoLOcation: (39.5580499,-107,59986429999998) WDWCD Functions Legend Geo lookup: enter your Geol-ocation and click Go. 39.55652087758637, -107.595 Go F --i"` District Boundariest L Alsbury Reservoir service area Fourmile service area �- Silt Mesa service area hilp:/ www.wdwcd.orglproof.hbnl 112 Exhibit B (1 of 4) SPECIAL WARRANTY DEED THIS DEED, made on March 15, 2017, behvicen Fred B. Chaney of the County ofpinellas, and State of Florida, grantor(s), and Red Barn Guest Ranch LLC, a Colorado limited liability company whose legal address is: 345 Mid Valley Lane a/k/a 345 County Road 262, New Castle, CO 81647 of the County of Garfield, and State of Colorado, grantee: WITNESS, that the grantor(s), for and in consideration of the sum of ten dollars and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, have granted, bargained, sold and conveyed, and by these presents do grant, bargain, sell; convey and confirm unto the grantee, its successors and assigns forever, all the real property, together with improvements, if any, situate, lying and being in Iltc County of Garfield and State of Colorado described as follows: AS SET FORTH ON EXHIBIT "A" also known by street and number as: 345 Mid Valley Lane allJa County Road 262, New Castle, CO 81647 TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or In anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor(s), either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, its successors and assigns forever. The grantor(s), for themselves, their Stairs, and personal representatives, sucecssors and assigns do covenant and agree that they shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the grantee, its successors and assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under the grantor(s); except those items as set forth in Exhibit "B" attached hereto. . IN WITNESS WHEREOF, the grantor(s) have executed this deed on the date set forth above. Fred B. Chaney STATE OF COLORADO } ) ss. COUNTY OF GARFIELD } The foregoing Instrument was acknowledged before me on March 15, 2017, by Fred B. Chaney. WITNESS my hand and official seal My commission expires: Notary Public Commonwealth File No. 16110063-3 Return to: Red Barn Guest Ranch LLC, a Colorado limited liability company 345 Mid Valley Lane New Castle, CO 81647 No. 16. Rev. 4-94. SPECIAL NVARRANTY DEED File No. 1610063-3 Exhibit B ( 2 of 4) EXHIBIT "A" A tract of land situated in the Southeast '/ Northwest %, and the Northeast '/ Southwest % of Section 6, Township 6 South, Range 91 West of the Sixth Principal Meridian, being more particularly described as follows: Beginning at a point on the southerly right-of-way fence of a County Road whence the Northwest Corner of said Section 6 bears North 33°3541" West 2,632.47 feet; thence along said right-of-way fence the following courses: South 88°01' 13" East 548.55 feet; thence South 863234" East 265.09 feet; thence South 68053'42" East 85.61 feet; thence South 28°45'57" East 442.94 feet; thence South 00027'29" East 428.64 feet to the centerline of the Ware and Hinds Ditch; thence along said Ditch centerline the following courses: South 51043'16" West 138.49 feet; thence South 76°56'13" West 134.52 feet; thence North 87°43'10" West 185.83 feet; thence South 87°48'14" West 120.88 feet; thence North 48°48'42" West 111.11 feet; thence North 44°4612" West 91.02 feet; thence North 57°02'43" West 175.44 feet; thence North 505537" West 65.75 feet; thence North 48117'09" West 182.27 feet; North 41 °5016" West 169.04 feet; thence North 57026'40" West 31.13 feet; thence leaving said ditch centerline on a course bearing North 07°l4'07" East 46I.33 feet TO THE POINT OF BEGINNING. Exhibit B (3 of 4) EXHIBIT "B" Any and all water rights, claims, or title to water, whether or not the matters excepted are shown by the public record Right of the proprietor ofa vein or lode to extract and removc his ore therefrom, should the same he found to penetrate or intersect the premises hereby granted and a right of way for ditches or canals as constructed by the authorRv of the United States, as reserved in United States Patent recorded rcbruary 24, 1896 in Book 12 at Page 409. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted and a right of way for ditches or canals as constructed by the authority of the United States, as reserved in United Sinter Patent recorded March 18, 1902 in Book 56 at Page 441. Map and Statement of the Ware and Hinds Ditch, filed July 16: 1896 as Reception No. 19478. Decree, Map and Statement for clic Nelson LnlargcmenL of the Ware and Hinds Ditch recorded December 4, 1897 in Book 39 at Pagc 315 as Reception No. 20513. Reservation of an undivided one-half interest in and to all oil: gas and other minerals as described in deed recorded August 14, 1950 in Book 252 at Page 61 and any interests therein or assignments thereof. 'terms, conditions and all matters set Forth in Garfield County Resolution No. 79-125 recorded October 12, 1979 in Book 537 at Page 199. Right of way for County Road No. 214 and 262. Easement and rights of way for all ditches, canals, laterals, pipelines and utilities as constructed and in place. Possessory rights outside of fence, apparent casement for overhead utilities, easement for the Ware & Hinds bitch and all matters shown on Improvement Location Certificate prepared by Divide Creek Surveyors Inc. dated November 17, 2016, Proj. 10/29!3015. Exhibit B (4 of 4) QUIT CLAIM DEED (Water Rights) Fred B. Chaney, Grantor, for and in consideration of the sten of ten dollars ($10.00), in hand paid, hereby sells and quitclaims to Red Barn Guest Ranch, LLC, Grantee, whose address is 345 Mid Valley Lane, New Castle, Colorado 81647, any and all right, title, interest, claim and demand which Grantor has in and to the following water and water rights, ditch and ditch rights, well and well rights, to wit: (a) An undivided five erc t 5°° terest in and to all water rights decreed to the P. Tomkins, a/k/a Thom r s� c c' aj lt_ l I t r1�1Q. TWx ar �� 0�-. �-chis a fig. app, pr tion date of March.9, 91U},:13nd Priority 2ed for 11 88 cis: on UI_* 43; with an appropriation date dMuth 4,1921; (b) Twelve (12) shares in the Ware and Hinds Ditch Company; and (c) Two (2) water wells, one of which is identified by Well Permit No. 92777 issued August 26,1977 TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of Grantor, either in law or equity, to the only proper use, benefit, and behoof of Grantee, Grantee's heirs, successors, and assigns forever. Signed the day of )2017. GRANTOR: Fred B. Chaney By. Fred B. Chaney STATE OF ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this _ day of 2017, by Fred Chaney, Grantor. WITNESS my hand and official seal. My commission expires on Notary Public CONTRACT# 170420LMH(a) MAP ID # 709 DATE ACTIVATED: 04/20/2017 WEST DIVIDE WATER CONSERVANCY DISTRICT WATER ALLOTMENT CONTRACT Name of Applicant: _t--Cirr!A a& J ar.� � -{ 1) Ic. of VA Quantity of \Pater in Acre Feet: Applicant, hereby applies to the West Divide Water Conservancy District, a political subdivision of the State of Colorado. organized pursuant to and existing by virtue of C.R.S. 1973, Section 3745-101, el seg.. (hereinafter relerred to as the "District**) loran allotment contract to beneficial fy and perpetuall% use nater or water rights owned, leased, or hereafter acquired by the District. Bw execution ofthis Contract and the attached Application. Applicant hereby agrees to the following terms and conditions: Water Rights: Applicant shall own water rights at the point of diversion herein lawfully entitling Applicant to divert water_ which will he supplemented and augmented by water leased herein. ICApplicant intends to divert through a well. it must he understood by Applicant that no right to divert exists until a valid well permit is obtained from the Colorado Division of Water Resources. 2. uantity: Water applied for by the Applicant in the amount set forth ahut e shall be diverted at Applicant's point of diversion from the Districi s direct flow water rights, and when water is unavailable for diversion pursuant to administration h. the Colorado State Engineer during periods when said direct flow water right is not in priority, the District shall release for the use of Applicant up to said quantity in acre fent per year of storage water owned or controlled by the District. It is understood that any quantity allotted from direct floe:. storage or otherwise, to the Applicant b} the District will be limited by the priority of the District's decrees and by the physical and legal a,.ailahility ofwater from District's sources. Any quantity allotted will only be provided so long as water is available and the Applicant fully complies with all of the terms and conditions of this Contract. The District and the Applicant recognize that some of the District's decrees ma% he in the name of the Colorado River Water Conservation District, and the ability of the District to allot direct floe right to the Applicant may be dependent on the consent ofthe Colorado River Water Conservation District. If at anytime the Applicant determines it requires less water than the amount herein provided. Applicant ma% so notify the District in writing, and the amount of water allotted under this Contract shall he reduced permanently in accordance with such notice. Rates shall be adjusted accordingly in following water years only. 3. Beneficial Use and Location ofBeneficial Use: Any and all water allotted Applicant by the District shall be used for the following beneficial use or uses: industrial; municipal, domestic and related uses. or commercial (except for commercial use from Alsbur• Reservoir and except to the extent that Ruedi Reservoir water may not be available for commercial as that term is defined on Page 5 of Contract No. 2-07-70-X%'0547 bettteen the United States and the West Divide Water Conservancy District). Applicant's beneficial use ofany and all water allotted shall he within or through facilities or upon land owned, leased, operated. or under Applicant's control - 4. Decrees and Del iyer•: Exchange releases made by the District out of storage from Ruedi Reservoir. (ircen Mountain Reservoir, Alsbury Reservoir. or other works or facilities of the District. or from other sources available to the District. shall he delivered to the Applicant at the outlet tyorks of said storage facilities or at the decreed point of diversion tier said other sources. and release or del it ery of twater at such outlet or points shall constitute perlbrinance of the District's total obligation_ Delivery (if water ht the District from Ruedi Rescr oir or Green Mountain Reservoir shall be subject to the District's lease contracts with the United States Bureau of Reclamation. Releases from other facilities av ailable to District shall be subject to the contracts. laws. rules. and regulations governing releases therefrom. Furthermore. the District hereby expressly reserves the right to store water and to make exchange releases from structures that may be built or controlled by the District in the future. so long as the water service to the Applicant pursuant to this agreement. is not impaired by said action. Any quantity of the Applicant's allocation not delivered to or used by Applicant by the end of each watery car (October I ). shall reven to the water supplies of the District. Such reversion shall not entitle Applicant to any refund of payment made for such %%ater. Water service provided by the District shall be limited to the amount of water available in priority at the original point of diversion of the District's applicable water right. and neither the District_ nor those entitled to utilize the District's decrees, may call on any greater amount at new or alternate points of diversion. The District shall request the Colorado Division of Water Resources to estimate anv conveyance losses between the original point and any alternate point. and such estimate shall he deducted from this amount in each case. Water service provided by the District for properties located vv ithin the Bluestone and Silt Water Conservancy Districts is provided pursuant to Agreements with said Districts. The Intergovernmental Agreement between the District and the Silt Water Conservancy District. dated January 25, 2001, is recorded as Reception No. 575691. Garfield County Clerk and Recorder's Office. The Intergovernmental Memorandum of Understanding between the District and the Bluestone Water Conservancy District. dated April 26, 2001, is recorded as Reception No. 584840. Garfield County Clerk and Recorders Office. 5. Alternate Point of Diversion and Plan ol'Augmentation: Decrees for alternate points of diversion of the District's water rights or storage water maybe required in order for Applicant to use the vv ater service contemplated hereunder. Obtaining such decree is the exclusive responsibility of Applicant. The District reserves the right to rev ievv and approve any conditions which maybe attached to judicial approv al of said alternate point of diversion as contemplated or necessary to serve Applicant's facilities or lands. Applicant acknowledges and agrees that it shall be solely responsible for the procedures and legal engineering costs necessary for any changes in water rights contemplated herein. and further agrees to indemnify the District from any costs or losses related thereto. Applicant is solely responsible for providing works and facilities necessary to obtain/divert the waters at said alternate point ol'diversion and deliver them to Applicant's intended beneficial use. Irrespective of the amount of water actually transferred to the Applicant's point of diversion. the Applicant shall make annual payments to the District based upon the amount of water allotted under this Contract. In the event the Applicant intends to apply for an alternate point of diversion and to develop an augmentation plan and institute legal proceedings for the approval of such augmentation plan to allow the Applicant to utilize the water allotted to Applicant hereunder, the Applicant shall give the District written notice of such intent. In the event the Applicant develops and adjudicates its own augmentation plan to utilize the water allotted hereunder, Applicant shall not be obligated to pay any amount tinder Paragraph 19 below. In any event, the District shall have the right to approve or disapprove the Applicant's augmentation plan and the Applicant shall provide the District copies of such plan and ofall pleadings and other papers filed with the water court in the adjudication thereof. 6. Contract Payment: Non-refundable. one time administrative charge_ in the amount determined by the Board of Directors of the District from time to time, shall be submitted with the application for consideration by the District. Annual payment for the water service described herein shall be determined by the 13oard ofDirectors ofthe District. The initial annual payment shall be made in full. within thirtv (30) days after the date of notice to the Applicant that the initial payment is due. Said notice will advise the Applicant. among other things. of the water deli-, cr% year to which the initial payment shall apply and the price which is applicable to that year. Annual payments for each year thereafter shall be due and payable by the Applicant on or before each January 1. If an annual payment is not made by the due date a Rat S50 late lee wil I be assessed. Final written notice prior to cancellation will be sent cervi Pied mail. return receipt requested, to the Applicant at such address as may he designated by the Applicant in writing or set forth in this Contract or Application. Water use for any part of a water year shall require payment fir the entire water year. Nothing herein shall be construed so as to prevent the District from adjusting the annual rate in its sole discretion for future years only. If payment is not made within fifteen ( 15) days after [fie date of said written notice, Applicant shall at District's sole option have no further right, title or interest under this Contract a ithout further notice. and deliver• map be immediately curtailed. The allotment of water, as herein made, may be transferred, leased, or other% ise disposed of at the discretion of the Board of Directors of the District. Upon cancellation of this water allotment Contract with the District. the District shall notify the Division of Water Resources oil -ices in Denver and Glenwood Springs. The Division of Water Resources may then order cessation of all water use. Additional Fees and Costs: Applicant agrees to defray any expenses incurred by the District in connection with the allotment of water rights hereunder, including. but not limited to. reimbursement of legal and engineering costs incurred in connection with any water rights and adjudication necessary to allow Applicant's use of such allotted .cater rights. 8. Assignnment: This Contract shall not inure to the benefit of the heirs, successors or assigns of Applicant, without the prior written consent of the District's Board of Directors. Any assignment of Applicant's rights under this Contract shall be subject to, and must comply with,. such requirements as the District may herealier adopt regarding assignment of Contract rights and the assumption of Contract obligations by assignees and successors. Nothing herein shall prevent successors to a portion of Applicant's property from applying to the District for individual and separate allotment Contracts. No assignment shall be recognized by the District except upon completion and filing of proper forms for assignment and change of ownership. In the event the water allotted pursuant to this Contract is to be used for the benefit of land which is now or will subsequently be subdivided or held in separate ownership, the Applicant may only assign the Applicant's rights hereunder to: 1) No more than three separate owners all of whom shall be party to a well sharing agreement satisfactory to the District; or 2) A homeowners association, water district, water and sanitation district or other special district properly organized and existing under the laws of the State of Colorado, and then, only if such parties, association or special district establishes to the satisfaction of the District that it has the ability and authority to perform the Applicant's obligations under this Contract. In no event shall the owner of a portion. but less thart all. of the Applicant's property to be served under this Contract have any rights hereunder, except as such rights ma% ex ist pursuant to a well sharing agreement or through a homeowners association or special district as provided above. Upon the sale of the real proNn% to which this Contract pertains. Applicant shall make buyer aware ofthis Contract and proper fonts for assignment and change of ownership must he completed. 9. Other Rules: Applicant shall he bound by the provisions of the Water Conservancy Act of Colorado: by the ntics and regulations of the Board of Directors of the District: and all amendments thereof and supplements thereto and by all other applicable la%%. 10. Operation and Maintenance Agreement: Applicant shall enter into an "Operation and Maintenance Agreement" with the District under terms and conditions determined by the hoard of Directors of the District. if and when. the Board ofsaid District dcterrninc. in its sole discretion that such an agreement is required. Said agreement may contain. but shall not be limited to, provisions for additional annual monetary consideration l'or extension of District deliver services and for additional administration_ operation. and maintenance costs: or lur other costs to the District which ma} arise through services made available to the Applicant. If. Change of Use: The District reserves the exclusive right to review, re -approve or disapprove any proposed chance in use of the water allotted hereunder. Am• use other than that set forth herein or any lease or sale of the water or water rights allotted hereunder without the prior written appro%al of -the District shall he deemed to be a material breach of this Contract. 12_ Esc and Place of Use: Applicant agrees to use the water in the manner and on the property described in the documents submitted to the District at the time this Contract is executed, or in any operation and maintenance agreement provided by Applicant. Any use other than as set forth thereon or ane lease or sale of the .eater or water rights herein, other than as permitted in paragraph 8 above. shall be deemed to be a material breach of this agreement. 13. l isle: It is understood and agreed that nothing herein shall be interpreted to give the Applicant any equitable or legal fee title interest in or to am eater or water rights referred to herein. 14. Conservvatiow Applicant shall use commonly accepted conservation practices with respect to the water and %tater rights herein, and hereb% agrees to he bound by any conservation plan adopted hereafter by the District for use of District owned or controlled water or water rights. 15. Restrictions: Applicant shall restrict actual diversions to not exceed the contract amount for ordinan household purposes; the watering of domestic livestock- fire protection. and the irrigation of lawn and garden as specified in the Application. Applicant shal I also comply with all restrictions and limitations set forth in the well permit obtained from the Colorado Division of Water Resources. Watering of livestock shall be restricted to Applicant's domestic animals not to be used for commercial purposes unless Applicant obtains approval Iront the Colorado Division of Watcr Resources for commercial usellivestock watering. provided that in no event shall actual diversions exceed the amount of water provided by this Contract. Violation of this paragraph 15 shall be deemed to be a material breach of this Contract. 16. Well Pennic if Applicant intends to divert through a well. then Applicant must provide to District a crp� of Applicant's valid %sell permit heliore District is obligated nt deliver any water hereunder. 17. Measuring, Device or Meter: Applicant agrees to pro%ide. at its own expense, a measuring device deemed acceptable by the District's Engineer afier consultation. or a totalizing flow meter with remote readout to continuously and accurately measure at all times all water dig cried pursuant to the terms ofApplicant's water right and the terms ofthis Contract. Applicant agrees to pro% ide accurate readings from such deo ice or meter to District upon District's request. Applicant acknowledges that failure to comply with this paragraph could result in legal action to tenninate Applicant's diversion of water by the State of Colorado Division of Water Resources. By signing this Contract. Applicant hereb% specifically allows District, through its authorized agent. to enter upon Applicant's propeny during ordinary business hours for the purposes of determining Applicant's actual use of water. 18. Representations: By executing this Contract, Applicant agrees that it is not relying on gun legal or engineering advice that Applicant may believe has been received from the District. Applicant further acknowledges that it has obtained all necessary legal and engineering ad% ice from Applicant's own sources other than the District. Applicant further acknow ledges that the District makes no guarantees - w arranties. or assurances whatsoever about the quantity or quality of water available pursuant to this Contract. Should the District he unable to pro, ide the water contracted for herein, no damages may be assessed against the District. nor may Applicant obtain a refund from the District. 19. Costs of Water Court Filing and Augmentation Plan: Should the District. in its own discretion. choose to include Applicant's Contract herein in a water court filing for alternate point of diversion or plan of augmentation. then Applicant hereto agrees to pay to the District_ when assessed. an additional fee representing the District's actual and reasonable costs and fees for Applicant's share of the proceedings. Applicant shall he assessed a pro -rata share of the total cost incurred by the District in preparing. filing and pursuing to decree the water court case. The pro -rata share shall be calculated by dividing such total cost by the number of contractees included in the tiling. To the extent that the District is caused additional costs because of objection filed specifically due to the inclusion of Applicant's Contract in the filing, such additional costs may he charged specifically to Applicant and not shared on a pro -rata basis by all contractees_ 20. Binding Agreement: This agreement shall not be complete nor binding upon the District unless attached hereto is the firm entitled "Application to Lease Water From West Divide Water Conservancy District" fully completed by Applicant and approved by the District's engineer. Said attachments shall by this reference thereto be incorporated into the terms of this agreement. All correspondence from the District to Applicant referring to or relating to this agreement is by this reference incorporated into this agreement as further terms and conditions of this agreement. 21. Warning: IT IS THE SOLE RESPONSIBILITY OF THE APPLICANT TO OBTAIN A VALID WILL PERMIT OR OTI TER WATER RIGHT IN ORDER TO DIVERT WATER. INCLUDING 11 IE WATER ACQUIRED LKDER'11]IS CONTRACT. ITIS THE CONIINI'ING IN ITY OF TI IE APPLICANT TO MAINTAIN THE VALIDITY 01' T1 IE WELL PERMIT OR \\'A'rER RIGHT INCLUDING FILING FORE X'I ENSIONS OF PERMITS, FILING WELL. COMPLETION REPORTS. 1:11.1N(i SrATEM1EN'1:S OF BENI:FICIAL USE, OR OTHERWISI: LAWFULLY APPLYING THE WATER TO BENEFICIAL USE ON A REGULAR BASIS WITI IOUT WASTE. 22. AREA B. CONTRACTS: IF APPLICANTS WELL OR O'I'I II'R WATER RIGI IT TI IAT IS TI 11: SUBJECT OF TMS CONTRACT IS LOCATED OUTSIDE "AREA A" AS DESIGNATED BY THE DISTRICT, 71 IEN 1'I IIS PARAGRAPI I APPLIES: TIME AUGMF.N1 A'TION WATER PROVIDED BY THE DISTRICT UNDER THIS CONTRACT MAY ONL.I' PRO'1'I'C'I' AI'PI.ICANT'S WATER RIG] 1'I FROM A CALL. ON "THE COLORADO RIVER AND MAY NOT PROTECT APPLICANTFROM A CALL. FROM ANY OTHER SENIOR RIGHT. NO REPRESENTATION OTHERWISE 1S MADE BY THE DISTRICT. IF THIS IS A CONCERN TO APPLICANT, THIS CONTRACT MAY BE RESCINDED UPON WRITTEN NOTICE DELIVERED TO THE DISTRICT BY THE APPLICANT WITHIN THE NEXT 30 DAYS FOLLOWING ]'HE AFFIXING OF SIGNATURES ON THIS CONTRACT IN WHICH EVENT ALL SUMS PAID BY APPLICANT FOR THIS CONTRACT SHALL BE IMMEDIATELY REFUNDED TO APPLICANT. Applicant STATE OF CU�pl ) ss. COUNTY OF C -O -C -('. i C 1 C� ) REVA A. WHITT NOTARY PUBLIC STATE OF COLORADO NOTARY ID #19884020415 My rommtssiort Expires Sepbmb4r 1, 206 _I_� The foregoing instrument was acknowledged before me on this day of �-'>rl � 20 � � by A Vht,i. Witness my hand and official seal. My commission expireess: I of STATE OF 0- 1 n r 0 -xV U ) ss. COUNTY OF G (,l X I ('I( ) Notary Public The foregoing instrument was acknowledged before me on this S! day of �> •i � , 20 1 -1 , by Cki- �,-r k U K—UVI. . Witness my hand and official seal. My commission expires: Cl - 1 I q Notary Public ORDER After a hearing by the Board of Directors of the West Divide Water Conservancy District on the Application, it is hereby ORDERED that said Application be granted and this Contract shall be and is accepted by the District. WEST DIVIDE WATE ONSE ANC DIS CT By President i ' J v/ 7 Date This Contract includes and is subject to the terms and conditions of the following documents which must accompany this Contract: 1. Map showing location of point of diversion (use map provided) 2. Application and Data Form fully completed and signed The printed portions of this form, except differentiated additions or deletions, have been approved and adopted by the West Divide Water Conservancy District. Form: WDWCD 01-01-08 CONTRACT. APPLICANT: Larry and Mary Pal Hatonon Contract Amount wl 5% transit Loss= 0.73 ...feet DWELLING UNRS: 2 IRRIGATED AREA (SD Fn' 0 COMMERCIAL AREA (SO Fes: 7000 NO. OF LIVESTOCK 28 Transit loss= 5.0% ELEVATION (MSL): 6683 Pond Location Contract Location EVAPORATION AREA (ACRE): 0 ColoradoiSilVAlsbury, This spreadshea( including ee attachments, Is for the sole use of the Intended mdplents and may contain confidential and p Waged Intormefion. use, dlsGosum, copykrg, distribution erection taken In reliance on the contents of the Information contained In this spmadshaet Is st6cily proh@l Halonen - Red Bum Guest Rench - WUE 411 3 72 01 7 Unit Value: Inigatlon Diversion (AF) Unit Value: Imgalion C.U. (AF) In House Diversion (AF) In House C.U. (AF) Commercial Diversion (AF) Consn-lal C.U. (AF) Irrigation Diversion (AF) Intgalion C.U. (AF) LWesloak Diversion 8 C.U. (AF) Pond Evaporatlan (AF) Total Dlvarslon (AF) Total G.U. (AF) Total Contract Amount (AF) JAN 0.07 0.01 0. 13 O.C2 0.00 0.00 0.03 0.00 0.24 0.06 O.D6 FEB 0.06 0.01 0.12 0.02 0.00 0.00 0.03 0.00 0.22 0.05 0.08 MAR 0.07 0,01 0.13 0.02 0.00 0.00 0.03 0.00 0.24 0.06 0.06 APR0.109 0.087 0.06 0.01 0.13 0.02 0.00 0.00 0.03 0.00 0.23 0.06 0.06 MAY 0.376 0.301 0.07 0.01 0.13 0.02 0.00 0.00 0.03 0.00 0.24 O.D6 0.06 JUN 0,555 0.444 0.06 0.01 0.13 0.02 0.00 0.00 0.03 0.00 0.23 0.06 0.06 JUL 0.613 0.490 0.07 0.01 0.13 002 0.00 0.00 0.03 0.00 0.24 0.06 0.06 AUG 0.481 0.385 0.07 0.01 0.13 0 .02 0.00 0. 0.00 0.3 D.00 0.24 0.06 0.06 SEP 0.340 0.272 0.06 0.01 0.13 0.02 0.00 0.00 0.03 0.00 0,23 0.06 0.06 OCT 0085 0.068 0.07 0.01 0.13 0.02 0.00 0.00 0.03 0.00 0.24 0.06 0.06 NOV 0.06 0.01 0.13 0.02 0.00 MOD 0.03 0.00 0.23 0.06 0.06 DEC 007 LO LI 3- 0.02 0_00 0_00 0_03 0_00 0.24 0.06 0_06 TOTAL 1 2.559 2.047 1 0.78 0.12 157 0.24 0.00 0.00 0.35 0.00 2.63 0.70 0.73 (1) 8D% Irrigellon efficiency, for sprinkler systems (7) Column (1) 'Irrigated area In sues (2) Blaney Crlddle assessment with Pochop adjustments (8) Column (2)' Irrigated area In acres (3) 350 gallons per day per residence (9) Livestock use at 11 gallons per head per day (99CW320) (4) 15% consumptive use for [SDS systems (10) Net Pond Evaporatlon(0, colas In'Aswmptions')' eveporallon area In acres (5) 200 gallons per day per 1000 aq 0 of commercial spas (11) Column (5) + Column (7) + Column (9) + Column (10) plus 5% transit loss (6) 15% consumptive use for ISDS systems (12) Column (6) + Column (8) + Column (9)+ Column (10) (13) Column (12) plus 5% transit loss This spreadshea( including ee attachments, Is for the sole use of the Intended mdplents and may contain confidential and p Waged Intormefion. use, dlsGosum, copykrg, distribution erection taken In reliance on the contents of the Information contained In this spmadshaet Is st6cily proh@l Halonen - Red Bum Guest Rench - WUE 411 3 72 01 7 Appendix B Pump Test Ray's Well Done Pump Service, LLC Ray Latham April 13, 2017 Attri, Red Barn Qxst Ranch, UC, RE: Well Twit @ 345 Mid Valley Rd./N-C (Bam Well) On 4113/17, a tour hour well test was conducted on a well located at 345Mid Valley Rd,/NC. The following information was obtained - Remarks: All well equipment is In good woddng condition. This well made a full recovery in five, minutes. Well production may vary throughout a calenda,r year. If there are any questions reprding Nis well test, please contact me at 970-375-8017. Sincerely, Xx; Ray Latham Approx. Well Depth ..........._............•-- ...................... 1101 Casing Size........ . ...... ......... .............. -- .._.........._......_......_..6`' Steel Static Water Level.. ............... .......... ............................. 89.1 ft TotalTest Time .... ............ -- ................. .......... -- ........................... 4 hours OrawDown. ..................................... ....................... --- . ........... ...... 89.5 ft. Productlon.................. —.— ...................... ............. -- .................... 12.5 GPM TeaPUMP ............... - ............................... .........................................3/4 HP Remarks: All well equipment is In good woddng condition. This well made a full recovery in five, minutes. Well production may vary throughout a calenda,r year. If there are any questions reprding Nis well test, please contact me at 970-375-8017. Sincerely, Xx; Ray Latham Ray's Well Done Pump Service, LLC p, k 970-379-8017 UIC. # 1419 P.O. sax %3 RMe, 00 81650 4.14. #1419 Appendix C Water Quality Test ACCUTEST Mountain States SGS ACCUTEST IS PART OF SGS, THE WORLD'S LEADING INSPECTION, C�(� VERIFICATION, TESTING AND CERTIFICATION COMPANY.�]�r Technical Report for Ray's Well Done Pumps, LLC Ped Bar N Ranch SGS Accutest Job Number: D93021 Sampling Date: 04/13/17 Report to: Ray's Well Done Pumps, LLC PO Box 863 Rifle, CO 81650 welldonepumps@gmail. com ATTN: Ray Latham Total number of pages in report: 20 �h 05/03/17 e -Hardcopy 2.0 Automated Report Test results contained within this data package meet the requirements Scott Heideman of the National Environmental Laboratory Accreditation Program Laboratory Director and/or state specific certification programs as applicable. Client Service contact: Cristina Araujo 303-425-6021 Certifications: CO (C000049), ID (C000049), NE (NE -OS -06-04), ND (R-027), NJ (C0007), OK (D9942) UT (NELAP C000049), LA (LA150028), TX (T104704511), WY (8TMS-L) This report shall not be reproduced, except in its entirety, without the written approval of SGS Accutest. Test results relate only to samples analyzed. Mountain States - 4036 Youngfield St. - Wheat Ridge, CO 80033-3862 - tel: 303-425-6021 - fax: 303-425-6854 - http://www.accutest:com SGS Accutest is the sole authority for authorizing edits or modifications to this document. 1 of 20 Unauthorized modification of this report is strictly prohibited. SGS ACCUTEST Review standard temis at: http:,' wwn.sgs.cont•'enfterms-and-conditions 093021 v ACCUTEST Mountain States SGS ACCUTEST IS PART OF SGS, THE WORLD'S LEADING INSPECTION, C�(� VERIFICATION, TESTING AND CERTIFICATION COMPANY.�]�r Technical Report for Ray's Well Done Pumps, LLC Ped Bar N Ranch SGS Accutest Job Number: D93021 Sampling Date: 04/13/17 Report to: Ray's Well Done Pumps, LLC PO Box 863 Rifle, CO 81650 welldonepumps@gmail. com ATTN: Ray Latham Total number of pages in report: 20 �h 05/03/17 e -Hardcopy 2.0 Automated Report Test results contained within this data package meet the requirements Scott Heideman of the National Environmental Laboratory Accreditation Program Laboratory Director and/or state specific certification programs as applicable. Client Service contact: Cristina Araujo 303-425-6021 Certifications: CO (C000049), ID (C000049), NE (NE -OS -06-04), ND (R-027), NJ (C0007), OK (D9942) UT (NELAP C000049), LA (LA150028), TX (T104704511), WY (8TMS-L) This report shall not be reproduced, except in its entirety, without the written approval of SGS Accutest. Test results relate only to samples analyzed. Mountain States - 4036 Youngfield St. - Wheat Ridge, CO 80033-3862 - tel: 303-425-6021 - fax: 303-425-6854 - http://www.accutest:com SGS Accutest is the sole authority for authorizing edits or modifications to this document. 1 of 20 Unauthorized modification of this report is strictly prohibited. SGS ACCUTEST Review standard temis at: http:,' wwn.sgs.cont•'enfterms-and-conditions 093021 Table of Contents -1- Section 1: Sample Summary Section 2: Summary of Hits.................................................................................................... Section3: Sample Results........................................................................................................ 3.1: D93021-1: BARN WELL............................................................................................. 3.2: D93021 -1A: BARN WELL.......................................................................................... 3.3: D93021-2: HOUSE WELL........................................................................................... 3.4: D93021 -2A: HOUSE WELL........................................................................................ Section 4: Subcontract Lab Data............................................................................................ Section5: Misc. Forms............................................................................................................ 5.1: Chain of Custody.................................................................... ....................................... Sections: 3 4 6 7 9 11 13 15 18 19 SGS AC2 of 20 CUTEST D93021 SGS Accutest Sample Summary Ray's Well Done Pumps, LLC Ped Bar N Ranch Job No: D93021 Sample Collected Matrix Client Number Date Time By Received Code Type Sample ID D93021 -I 04/13/17 14:00 RL 04/14/17 DW Drinking Water BARN WELL D93021 -1A 04/13/17 14:00 RL 04/14/17 DW Drinking Water BARN WELL D93021-2 04/13/17 14:30 RL 04/14/17 DW Drinking Water HOUSE WELL D93021 -2A 04/13/17 14:30 RL 04/14/17 DW Drinking Water HOUSE WELL 3 of 20 SGS ACCUTEST D93021 Summary of Hits Job Number: D93021 Account: Ray's Well Done Pumps, LLC Project: Ped Bar N Ranch Collected: 04/13/17 .ab Sample ID Client Sample ID Result/ ►nalyte Qual RL MDL Units Method D93021-1 BARN WELL Calcium 99.9 0.40 nig/1 EPA 200.7 Iron 0.20 0.010 mg/1 EPA 200.7 Magnesium 30.7 0.20 mg/1 EPA 200.7 Manganese 0.0049 0.0010 mg/I EPA 200.8 Sodium 30.3 0.40 mg/I EPA 200.7 Zinc 0.012 0.010 mg/1 EPA 200.8 Alkalinity, Total as CaCO3 350 5.0 mg/I SM 2320B-2011 Chloride 5.4 0.50 mg/l EPA 300.0 Corrosivity, Langlier Index 0.4 0.50 mg/1 SM 203, 1985 Fluoride 0.64 0.10 mg/1 EPA 300.0 Hardness, Calcium a 249 1.0 mg/I SM 2340B-2011 Nitrogen, Nitrate 0.68 0.050 mg/l EPA 300.0 Nitrogen, Nitrate + Nitrite b 0.68 0.054 mg/l EPA 300.0 Solids, Total Dissolved 443 10 mg/1 SM 254OC-2011 Specific Conductivity 660 1.0 umhos/cm SM 251OB-2011 Sulfate 56.0 2.5 mg/1 EPA 300.0 pH 7.31 su EPA 150.1 Temperature (Field) 20 Deg. C EPA 170.1 D93021 -1A BARN WELL Page I of 2 Calcium 118 2.0 mg/l SW846 6010C Magnesium 37.5 1.0 mg/l SW846 6010C Sodium 33.6 2.0 mg/1 SW846 6010C Sodium Adsorption Ratio c 0.690 ratio USDA HANDBOOK 60 D93021-2 HOUSE WELL Calcium 98.8 0.40 mg/1 EPA 200.7 Copper 0.0024 0.0020 mg/1 EPA 200.8 Iron 0.051 0.010 mg/1 EPA 200.7 Magnesium 29.8 0.20 mg/1 EPA 200.7 Manganese 0.014 0.0010 Ing/1 EPA 200.8 Sodium 25.9 0.40 mg/1 EPA 200.7 Zinc 0.013 0.010 mg/1 EPA 200.8 Alkalinity, Total as CaCO3 324 5.0 mg/1 SM 2320B-2011 Chloride 4.6 0.50 mg/1 EPA 300.0 Corrosivity, Langlier Index 0.4 SM 203, 1985 Fluoride 0.64 0.10 mg/I EPA 300.0 Hardness, Calcium a 247 1.0 mg/l SM 2340B-2011 Nitrogen, Nitrate 0.58 0.050 mg/l EPA 300.0 Nitrogen, Nitrate + Nitrite b 0.58 0.054 mg/1 EPA 300.0 Solids, Total Dissolved 431 10 mg/1 SM 2540C-2011 SGS4 of 20 ACCUTEST D93021 Summary of Hits Job Number: D93021 Account: Ray's Well Done Pumps, LLC Project: Ped Bar N Ranch Collected: 04/13/17 Page 2 of 2 Lab Sample ID Client Sample ID Result/ Analyte Qual RL MDL Units Method Specific Conductivity 642 1.0 Sulfate 55.2 2.5 pH 7.37 Temperature (Field) 20 D93021 -2A HOUSE WELL Calcium 96.2 2.0 Magnesium 31.1 1.0 Sodium 28.8 2.0 Sodium Adsorption Ratio c 0.653 (a) Calculated as: (Calcium * 2.497) to convert to Calcium Carbonate (b) Calculated as: (Nitrogen, Nitrate) + (Nitrogen, Nitrite) (c) Calculated as: (Na meq/L) / sgrt [(Ca meq/L)+ (Mg meq/L)/2] umhos/cm SM 251OB-2011 mg/l EPA 300.0 su EPA 150.1 Deg. C EPA 170.1 mg/l SW846 6010C mg/l SW846 6010C mg/l SW846 6010C ratio USDA HANDBOOK 60 SGI of 20 S ACCUTEST D93021 SGS ACCUTEST Mountain States Sample Results Report of Analysis Section 3 SGS6 of 20 ACCUTEST D93021 SGS Accutest Report of Analysis Client Sample ID: BARN WELL Lab Sample ID: D93021-1 Date Sampled: 04/13/17 Matrix: DW - Drinking Water Date Received: 04/14/17 Percent Solids: n/a Project: Ped Bar N Ranch Total Metals Analysis Analyte Result MCL RL Units DF Prep Analyzed By Method Arsenic < 0.00080 0.010 0.00080 mg/1 1 04/17/17 04/24/17 MR EPA 200.8 2 Cadmium < 0.00010 0.0050 0.00010 mg/l 1 04/17/17 04/24/17 MR EPA 200.8 2 Calcium 99.9 0.40 rng/l 1 04/17/17 04/25/17 SB EPA 200.7 3 Copper < 0.0020 1.3 0.0020 mg/I I 04/17/17 04/19/17 MR EPA 200.8 1 Iron 0.20 0.010 mg/1 1 04/17/17 04/27/17 SB EPA 200.7 4 Lead < 0.00050 0.015 0.00050 mg/1 1 04/17/17 04/19/17 MR EPA 200.8 1 Magnesium 30.7 0.20 mg/1 1 04/17/17 04/25/17 SB EPA 200.7 3 Manganese 0.0049 0.0010 mg/1 1 04/17/17 04/19/17 MR EPA 200.8 1 Sodium 30.3 0.40 rng/1 1 04/17/17 04/28/17 SB EPA 200.7 4 Zinc 0.012 5.0 0.010 mg/1 1 04/17/17 04/19/17 MR EPA 200.8 1 (1) Instrument QC Batch: MA8417 (2) Instrument QC Batch: MA8429 (3) Instrument QC Batch: MA8432 (4) Instrument QC Batch: MA8442 (5) Prep QC Batch: MP21389 (6) Prep QC Batch: MP21428 RL = Reporting Limit MCL = Maximum Contamination Level (40 CFR 141) Page I of 1 Prep Method EPA 200.8 5 EPA 200.8 5 EPA 200.7 6 EPA 200.8 5 EPA 200.7 6 EPA 200.8 5 EPA 200.7 6 EPA 200.8 5 EPA 200.7 6 EPA 200.8 5 SGS7 of 20 ACCUTEST D93021 SGS Accutest Report of Analysis Client Sample ID: BARN WELL Lab Sample ID: D93021-1 Date Sampled: 04/13/17 Matrix: DW - Drinking Water Date Received: 04/14/17 Percent Solids: n/a Project: Ped Bar N Ranch General Chemistry Units Analyte Result Alkalinity, Total as CaCO3 350 Chloride 5.4 Corrosivity, Langlier Index 0.4 Fluoride 0.64 Hardness, Calcium a 249 Nitrogen, Nitrate 0.68 Nitrogen, Nitrate + Nitrite b 0.68 Nitrogen, Nitrite < 0.0040 Solids, Total Dissolved 443 Specific Conductivity 660 Sulfate 56.0 pH 7.31 Page 1 of 1 MCL Units DF Analyzed By Method mg/I 1 04/18/17 08:00 JD SM 2320B-2011 mg/1 1 04/15/17 10:10 JB EPA 300.0 1 04/25/17 21:42 SB SM 203, 1985 4.0 ung/1 1 04/15/1710:10 JB EPA 300.0 Ing/l 1 04/25/17 21:42 SB SM 2340E-2011 10 mg/l 5 04/15/17 12:46 JB EPA 300.0 mg/l 1 04/15/17 12:46 JB EPA 300.0 1.0 mg/I 1 04/15/17 10:10 JB EPA 300.0 mg/1 1 04/17/17 SK SM 2540C-2011 umhos/cm 1 04/19/17 1D SM 251 OB -2011 mg/1 5 04/15/17 12:46 JB EPA 300.0 su 1 04/14/17 15:20 TB EPA 150.1 Field Parameters Temperature (Field) 20 Deg. C 1 04/24/17 SUB EPA 170.1 (a) Calculated as: (Calcium * 2.497) to convert to Calcium Carbonate (b) Calculated as: (Nitrogen, Nitrate) + (Nitrogen, Nitrite) MCL = Maximum Contamination Level (40 CFR 141) S^^ 8 of 20 UO. ACCUTEST D93021 SGS Accutest Report of Analysis Client Sample ID: BARN WELL Lab Sample ID: D93021 -1A Date Sampled: 04/13/17 Matrix: DW - Drinking Water Date Received: 04/14/17 Percent Solids: n/a Project: Ped Bar N Ranch SAR Metals Analysis Analyte Result MCL RL Calcium 118 2.0 Magnesium 37.5 1.0 Sodium 33.6 2.0 (1) Instrument QC Batch: MA8438 (2) Prep QC Batch: MP21470 Page 1 of 1 Units DF Prep Analyzed By Method Prep Method mg/1 1 04/17/17 04/26/17 SB SW8466010C1 SW846 3010A/M 2 mg/I 1 04/17/17 04/26/17 SB SW846 601 OC 1 SW846 301 OA/M 2 mg/1 1 04/17/17 04/26/17 SB SW846 601 OC 1 SW846 301 OA/M 2 RL = Reporting Limit MCL = Maximum Contamination Level (40 CFR 141) 9 of 20 SGS ACCUTEST D93021 SGS Accutest Report of Analysis Client Sample ID: BARN WELL Lab Sample ID: D93021 -IA Date Sampled: 04/13/17 Matrix: DW - Drinking Water Date Received: 04/14/17 Percent Solids: n/a Project: Ped Bar N Ranch General Chemistry Analyte Result MCL Units DF Sodium Adsorption Ratio a 0.690 ratio I (a) Calculated as: (Na meq/L) / sgrt [(Ca meq/L)+ (Mg meq/L)/2] MCL = Maximum Contamination Level (40 CFR 141) Page 1 of 1 N Analyzed By Method 04/26/17 13:41 SB USDA HANDBOOK 60 n SGSSGSof 20 ACCUTEST D93021 SGS Accutest Report of Analysis Client Sample ID: HOUSE WELL Lab Sample ID: D93021-2 Date Sampled: 04/13/17 Matrix: DW - Drinking Water Date Received: 04/14/17 Percent Solids: n/a Project: Ped Bar N Ranch Total Metals Analysis Analyte Result MCL RL Units DF Prep Analyzed By Method Arsenic < 0.00080 0.010 0.00080 mg/1 1 04/17/17 04/24/17 MR EPA 200.8 2 Cadmium < 0.00010 0.0050 0.00010 mg/1 1 04/17/17 04/24/17 MR EPA 200.8 2 Calcium 98.8 0.40 mg/I 1 04/24/17 04/25/17 SB EPA 200.7 3 Copper 0.0024 1.3 0.0020 mg/I 1 04/17/17 04/19/17 MR EPA 200.8 1 Iron 0.051 0.010 mg/1 1 04/24/17 04/25/17 SB EPA 200.7 3 Lead < 0.00050 0.015 0.00050 mg/1 1 04/17/17 04/19/17 MR EPA 200.8 1 Magnesium 29.8 0.20 mg/I 1 04/24/17 04/25/17 SB EPA 200.7 3 Manganese 0.014 0.0010 mg/1 1 04/17/17 04/19/17 MR EPA 200.8 1 Sodium 25.9 0.40 mg/1 1 04/24/17 04/25/17 SB EPA 200.73 Zinc 0.013 5.0 0.010 mg/1 1 04/17/17 04/19/17 MR EPA 200.8 1 (1) Instrument QC Batch: MA8417 (2) Instrument QC Batch: MA8429 (3) Instrument QC Batch: MA8432 (4) Prep QC Batch: MP21389 (5) Prep QC Batch: MP21474 RL = Reporting Limit MCL = Maximum Contamination Level (40 CFR 141) Page 1 of 1 Prep Method EPA 200.8 4 EPA 200.8 4 EPA 200.7 5 EPA 200.8 4 EPA 200.7 5 EPA 200.8 4 EPA 200.7 5 EPA 200.8 4 EPA 200.7 5 EPA 200.8 4 SS9%+t% 11 of 20 UO ACCUTEST D93021 SGS Accutest Report of Analysis Page 1 of 1 i Client Sample ID: HOUSE WELL Lab Sample ID: D93021-2 Date Sampled: 04/13/17 Matrix: DW - Drinking Water Date Received: 04/14/17 Percent Solids: n/a Project: Ped Bar N Ranch General Chemistry JD SM 2320B-2011 04/15/17 10:23 Analyte Result MCL Units Alkalinity, Total as CaCO3 324 JB mg/1 Chloride 4.6 SM 23408-2011 mg/l Corrosivity, Langlier Index 0.4 04/15/17 12:59 JB Fluoride 0.64 4.0 Ing/I Hardness, Calcium a 247 SM 2540C-2011 mg/1 Nitrogen, Nitrate 0.58 10 mg/1 Nitrogen, Nitrate + Nitrite b 0.58 TB mg/I Nitrogen, Nitrite < 0.0040 1.0 mg/I Solids, Total Dissolved 431 mg/I Specific Conductivity 642 umhos/cm Sulfate 55.2 mg/1 pH 7.37 su Field Parameters DF Temperature (Field) 20 Deg. C 1 (a) Calculated as: (Calcium * 2.497) to convert to Calcium Carbonate (b) Calculated as: (Nitrogen, Nitrate) + (Nitrogen, Nitrite) MCL = Maximum Contamination Level (40 CFR 141) Analyzed By Method 04/18/17 08:00 JD SM 2320B-2011 04/15/17 10:23 JB EPA 3 00. 0 04/25/17 23:42 SB SM 203. 1985 04/15/17 10:23 JB EPA 300.0 04/25/17 23:42 SB SM 23408-2011 04/15/17 12:59 JB EPA 300.0 04/15/17 12:59 JB EPA 300.0 04/15/17 10:23 JB EPA 300.0 04/17/17 SK SM 2540C-2011 04/19/17 JD SM 25 I OB -201 l 04/15/17 12:59 JB EPA 300.0 04/14/17 15:20 TB EPA 150.1 04/24/17 SUB EPA 170.1 S94N 12 of 20 UO ACCUTEST D93021 SGS Accutest Report of Analysis Client Sample ID: HOUSE WELL Lab Sample ID: D93021 -2A Date Sampled: 04/13/17 Matrix: DW - Drinking Water Date Received: 04/14/17 Percent Solids: n/a Project: Ped Bar N Ranch SAR Metals Analysis DF Prep Analyte Result MCL RL Calcium 96.2 2.0 Magnesium 31.1 1.0 Sodium 28.8 2.0 (1) Instrument QC Batch: MA8438 1 04/17/17 (2) Prep QC Batch: MP21470 SW846 6010C 1 Page 1 of 1 Units DF Prep Analyzed By Method Prep Method mg/1 1 04/17/17 04/26/17 SB SW846 6010C 1 SW846 3010A/M 2 mg/1 1 04/17/17 04/26/17 SB SW846 6010C 1 SW846 3010A/M 2 mg/1 1 04/17/17 04/26/17 SB SW8466010C 1 SW846 301OA/M 2 RL = Reporting Limit MCL = Maximum Contamination Level (40 CFR 141) SGS AC13 of 20 CUTEST D93021 SGS Accutest Report of Analysis Client Sample ID: HOUSE WELL Lab Sample ID: D93021 -2A Date Sampled: 04/13/17 Matrix: DW - Drinking Water Date Received: 04/14/17 Percent Solids: n/a Project: Ped Bar N Ranch General Chemistry Analyte Result MCL Units DF Sodium Adsorption Ratio a 0.653 ratio 1 (a) Calculated as: (Na meq/L) / sgrt [(Ca meq/L)+ (Mg meq/L)/2] MCL = Maximum Contamination Level (40 CFR 141) Page 1 of 1 Analyzed By Method 04/26/17 14:10 SB USDA HANDBOOK 60 14 of 20 SGS ACCUTEST D93021 SGS ACCUTEST Mountain States Subcontract Lab Data Report of Analysis Section 4 D SGS ACCUof 20 TEST D93021 industlrial LABORATORIES Indusirial Laboratories is your independent. fluid Ina; iyanalyiic3' —sr?rlg Iabcratory To: SGS Accutest Laboratories 4036 Youngfield SL Wheat Ridge, CO 80033 Attn : Scott Heideman SampleCode Client Sample ID Test Method 'rest Report Report # Rpt -170419009 Date Reported: 4/19/2017 Date Received: 4/14/2017 Client ID: ACCUTEST Client PO: D93021X D Result Unita Date Analyzed 17041417-01 A D93021 X-1 4/1 3117.2:00 PM *'Total Coliforms by MPN ArM IC-MO43 / SMEWW 9221 B Total Coliforms <2 Fecal Coliforms 4 17041417-02A R93021X-2, 4/13/17.2:30 PM *Total Collforms by MPN IL-MIC-MO43 / SMEWW 9221 B Total Coliforms 4 Fecal Coliforms <2 Submitted By: h`_ -) -� 1CL_r Measurement of Uncertainty for Scape methods are available upon request Samples racalwd In good rwditian unless othwwlea notad In case natrativo NH 4/14/2017 16:00 MPN/100mL MPN/100mL NH 4/14/2017 16:00 MPN/1 OOmL MPN/100mL = Scope Analysis # Subcontracted Anslysls # ¢ Case Narrative Attached _._ i`va6Ytlualy el:.: �i Ridge, Lu -r v7 i rn,:. wwvw induslrraNdL15 net Rr:e�o! o' final; ;3, acl.ror, ec:yes ;he ter��; and tonde3rons v:hrrn carr bre found ar �tl,:v cttduseualiabs net -..----- This repot. is ncf to be reproduced in whote t r[n part for ad vertis[tin purposes teithcut obtaining prfor written authonxaIinn. Pap 1 of 1 c 16 of 20 S ACCUTEST D93021 w. X ill 3 IVA ®©0000 ►F�Q8Ey8_ ., _ r Ij N S H � pN o 7 i s sg 0000❑ 140N �i Wb� B Roulm MUM NONE 01 MW 9 SNCII SNCM y j SS y P x x TOW COU&M MPN x n g G ❑ 4 N H 0 �zQ 0 piLLi R� G9 rn L49 s15a 0 17 of 20 ACCUTEST D93021 SGS ACCUTEST Mountain States Misc. Forms Custody Documents and Other Forms Includes the following where applicable: Chain of Custody Section 5 SGS 01 18 of 20 ACCUTEST D93021 lQr •AAI I-rr„4 CHAIN OF CUSTODY PAGE-LlbF-/--- 7��r I' MVVV1coI I W3o Y—QFUW Strtt N heat RrdT,c(0 SW3i 'IFI )03.4:540.1 FAN WIA-"54 1 'EDE.Tr.~ -- s.,mrorp«cprta. �l� L .cs�..0 uwbr 9GSM1.xwehn. 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GY Fax pa Day Em ""e' CDMMBN• OR.peneyro E3 DW Eopncy _ Q QEDDFomnt _ — 1DryEm.rp°^cy CoevarMW=Res aroy Emeiaw�cy6Rren T/AdMa oroya.Mp \M IYWnp —__ Col ero 'B'=Rs— a DC o,, Gmmwua Nl.R �NWGNan+aa (.. Yom amrl - SampM Cest rmnt be dote exh tl a ehe. wslen, 1ncleding coerler deli ' — '.p'Np A'• N.unaw.nw ep'. J l..;—W%ampnr. om T1n.: RwM.w Dr�,�J v,l D.ro TMn a'w.w eY R.'pY—B' 9 A o+ro Ttiv. e. r we w, 4 T a.reww.nw W pTw. R.e.ww ey: u�.rodyswr ❑ rm.n.a.n.�,y'r'oer. o,,.' —T- 3 .� l D93021: Chain of Custody Page l of 2 SGS A19 of 20 CCUTEST D93021 SGS Accutest Sample Receipt Summary Job Number: D93021 Client: RAYS Date / Time Received: 4/14/2017 2:45:00 PM Delivery Method: Cooler Temps (Initial/Adjusted): #17(3.1/3.1)7 Cooter Security Y or N Y Y or N 1. Custody Seals Present: R1 ❑ 3. COC Present: ❑1 ❑ 2. Custody Seals Intact: © ❑ 4. Smpl Dates/Time OK ❑a ❑ Cooler Temperature Y or N 1. Temp criteria achieved: ❑d ❑ Y or N 2. Cooler temp verification: Bar Therm; ❑ 2. All containers accounted for. 3. Cooler media: Ice (Bag) 3. Condition of sample: 4. No. Coolers: 1 Y or N N/A Quality Control Preservation Y or N N/A 2. Bottles received for unspecified tests 1. Trip Blank present / cooler: ❑ ❑ 10 ❑,i 2. Trip Blank listed on COC: ❑ ❑ W ❑ 3. Samples preserved properly: d❑ ❑ ❑ 4. VOCs headspace free: ❑ ❑ ❑,i Comments Project: PED BAR N RANCH Airbill #'s: co Samole Integrity - Documentation Y or N 1. Sample labels present on bottles: ❑] ❑ 2. Container labeling complete: ❑ 3. Sample container label / COC agree: 0 ❑ Sample Integrity - Condition Y or N 1. Sample recvd within HT: ❑� ❑ 2. All containers accounted for. ❑ 3. Condition of sample: Intact Sample Integrity - Instructions Y or N N/A 1. Analysis requested is clear: ❑ 2. Bottles received for unspecified tests ❑ 66 3 Sufficient volume recvd for analysis: ❑,i ❑ 4, Compositing instructions clear: ❑ ❑ 5, Filtering instructions clear. ❑ ❑ D93021: Chain of Custody Page 2 of 2 CGS20 of 20 ACCUTEST D93021 5/11/2017 Colorado Courts E -Filing Your filing has been successfully submitted to the court. Your filing is not considered final until the court accepts it. Filing Information: Type Attorney Organization Method Filing ID: 4537EB9065A29 N/A N/A 9th Judicial District Attorneys Office E -Service Court Location: Garfield County People Continue 50.00 Public Case Number: 20177000394 Case Caption: The People of the State of Colorado v. Martinez, Cameron Jay Authorized Date: 05/11/2017 3:32 PM Submitted By: Nadya Williams Filing Party(ies): Pally Type Status Attorney Cameron Jay Martinez Defendant Active Lucas Franklin Van Arsdale (Bakomb and Green PC) Documents: Document ID Document Title Statutory Fee Security 930827(1 Motion Unopposed Motion to Continue First Appearance on Bond 50.00 Public D490493C354EA Proposed Order Order re Unopposed Motion to Service: Submission Options: Note To Clerk: N/A Authorizer: Lucas Van Arsdale Billing Information: Statutory Filing Fees: $0.00 E -Filing Fees: $0.00 Service Fees: $0.00 Total Fees: $0.00 Billing Reference: Martinez, Cameron Party Type Attorney Organization Method 9th Judicial District Attorneys Office N/A N/A 9th Judicial District Attorneys Office E -Service The People of the State of Colorado People Continue 50.00 Public Party Type Attorney Organization Method 9th Judicial District Attorneys Office N/A N/A 9th Judicial District Attorneys Office E -Service The People of the State of Colorado People David Little 9th Judicial District Attorneys Office E -Service https:/lwwwjbits.courts.state.co.us/efiling/web/filing/reviewFilingJsubmitted.htm'?filingld=4537E69065A29 1!1 EXHIBIT M MOUNTAIN CROSS ENGINEERING, INC. CM1 and Environmentai Gonsufting and Desion March 30, 2017 Red Barn Guest Ranch C/O Mr. Larry Halonen 26432 El Mar Drive Mission Viejo, CA 92691 RE: Red Barn Guest Ranch, 345 Mid Valley Lane, Newcastle, CO — Traffic Waiver Dear Mr. Halonen: The purpose of this correspondence is to aid the request for a waiver from providing a Traffic Analysis. The project proposes to construct a reception center for an events serving up to 300 people. The project is located in Peach Valley, to the east of Silt and to the west of New Castle, at 345 Mid Valley Lane. ' The anticipated traffic generated was estimated based upon the Trip Generation .Manual, Seventh Edition, by the Institute of Transportation Engineers, 2003. However, there is not a traffic generation study for Reception. Center. Instead, average daily traffic was estimated from studies on Church (560). The reception center is estimated as 4,200 square feet: • Church. (560): Average Vehicle Trip Ends vs. 1,000 sq. ft. Gross Floor Area On. a Sunday (50% entering, 50% exiting) Average Rate = 36.63 Trips per 1,000 sq. ft. Gross Floor Area 4.2 * 36.63 => 154 Trips Based on the 2002 Transportation Study by Garfield County the Average Daily Traffic on Mid Valley Lane (County Road 262) was 336 Trips. No counts were provided for the 2014 Transportation Study. Assuming a 5% per year growth factor, the 2002 counts could be projected to 665 trips per day. When added together, the estimated total trips on Mid Valley Lane would be 820 trips per day. The HighzuA Capacity Manual, by the Transportation Research Board, estimates the capacity of a traffic lane at 3,200 vehicles per hour. The proposed reception center plus background traffic inflated from the traffic last counted to the current year is estimated to be 820 trips per day which is much less than capacity. Additionally the peak hours of use would be on the weekends and at mid-day. This is different from typical traffic patterns which have weekday AM and PM peaks that correspond to daily commuters. 826 y Grand Avenue, Glenwood Springs, CO 8#601 P: 970.945.55441=: 970.945.5558 www.mountaincross-eng.com Red Barn Guest Ranch Page 2 of 2 March, 2017 It is our opinion that the above findings support the request that a traffic study could be waived. Thank you for the opportunity to provide this letter. Feel free to call if you have any questions, concerns, or comments. Sincerely; Mountain Cross Engineering, Inc. Chris Hale, PE Mountain Crass Engineering. Inc. Civil and Environmental Consulting and Design 826' Grand Avenue, Glenwood Springs, CO 81601 P: 970.945.5544 F; 970.945.5588 WWW.momitaincr"oss-en[g.com