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HomeMy WebLinkAbout1.0 Application1 1 RECEIVED SEP 2 2 1993 ASPEN EQUESTRIAN ESTATES PRELIMINARY PLAN SUBMITTAL September 22, 1999 923 COOPER AVENUE • GLENWOOD SPRINGS, COLORADO 81601 Telephone (970) 945-8676 • Fax (970) 945-2555 ASPEN EQUESTRIAN ESTATES PRELIMINARY SUBDIVISION PLAN TABLE OF CONTENTS SUBDIVISION APPLICATION FORM LETTER OF APPLICATION PRELIMINARY PLAN REQUIREMENTS VICINITY MAP EXISTING CONDITIONS Existing Conditions Plan Letter regarding vegetation Letter regarding wildlife PLANS Preliminary Plan Zone District Map Site Plan Constructions Plans CIVIL ENGINEERS ROADS & UTILITIES REPORT DRAINAGE REPORT WATER REPORT Letter Summarizing Water Rights & Supply Pump Tests Quality Analysis Basalt Water Conservation District Contracts GEOLOGIC AND SOILS REPORT SCS SOILS MAP & SCS SOIL TYPE DESCRIPTION / TABLES TITLE POLICY PROTECTIVE COVENANT PROVISIONS SEWER AGREEMENT WITH RANCH AT ROARING FORK ZONE DISTRICT DESCRIPTIONS Sheet # 1-3 Sheet # 3a Sheet # 4 & 5 Sheet # 6 -18A SUBDIVISION APPLICATION FORM LETTER OF APPLICATION PRELIMINARY PLAN REQUIREMENTS Sketch Plan Preliminary Plan _X Final Plan SUBDIVISION APPLICATION FORM SUBDIVISION NAME: Aspen Equestrian Estates Subdivision of the Preshana Farm PUD OWNER: Aspen Equestrian Estates ENGINEER/PLANNER/SURVEYOR: High Country Eng., Inc. - Land Design Partnership LOCATION: Section: 31 Township: 7S Range: 87W WATER SOURCE: Wells supplying a central water system protected by Basalt Water Conservation District Contract. SEWAGE DISPOSAL METHOD: Central treatment facility at the Ranch at Roaring Fork PUBLIC ACCESS VIA: County Road 100 EXISTING ZONING: Preshana Farm Planned Unit Development EASEMENTS: Utility - gas TOTAL DEVELOPMENT AREA: (1) Residential Number Acres Single Family l ,�I, 25.3 Duplex 0 . 2. �, 0 Multi -family 0 0 Mobile Home 0 l 0 (2) Commercial Floor Area Acres (Equestrian Center Zone District) sq.ft. 10.2 (3) Industrial (4) Public/Quasi-Public 00 (5) Open Space / Common Area (Open Space Zone District) 22.4 TOTAL: 57.9 PARKING SPACES: 6 parking spaces per lot sq.ft. 00 Residential Commercial Industrial 20 LAND DESIGN PARTNERSHIP 918 Cooper Avenue, Glenwood Springs, CO 81601 970-945-2246 I Fax 970-945-4066 September 22, 1999 Mark Bean Garfield County Planning Dept. 108 8th Street Glenwood Springs, CO 81601 Re: Aspen Equestrian Estates Subdivision of the Preshana Farm PUD Preliminary Plan and Amendment to the Zone District Map Dear Mark: Attached herewith are multiple copies of the Preliminary Plan and supplemental information as required for preliminary plan review and a check for the application fee for the above referenced property. Also attached herewith are the Preshana Farm PUD Zone District Map and Zone District Descriptions modified to reflect changes consistent with the Board of County Commissioners Resolution No. 98-11 approving the PUD. The project is comprised of 47 single family residential lots, opens space and an equestrian area. The Equestrian Center District allows for 3 employee dwelling units (attached or detached). Single family lots range in size from 10,000 square feet to over 30,000 square feet. The majority of the open space will be dedicated to the home owner's association. Consistent with the PUD Plan, a smaller acreage of open space is included in the lot that encompasses the equestrian center facilities. The Equestrian area will not be owned by the home owner's association. The proposed Zone District Map changes result from the Resolution No.8-11 requirement that three lots be removed from the residential districts of the PUD. All three residential lots were taken from the R10 -- Single Family Residential District in an area north of the access road and where these lots were surrounded by the Equestrian Center District. To avoid any confusion in the future, the Applicant proposes to revise the Zone District boundaries, making the area generally encompassed by the three vacated lots a part of the Equestrian Center District. This zone district boundary adjustment does not appear to be a substantial modification since it is consistent with the implementation of the BOCC resolution approving the 1 PUD. The Applicant requests that this modification be acknowledged as part of the preliminary plan process or if it is determined that the modification requires a public hearing before the Board of County Commissioners, that said hearing be conducted simultaneously with the processing of the preliminary plan. Please advise the Applicant as to which procedure is determined to be appropriate by the BOCC. The attached PUD Zone District Descri •tions have been modified to reflect the conditions of the BOCC Resolution No.'4 :-11 approving the PUD. Please review this document to confirm that the conditions of Resolution No.18-11 have been accurately applied. On behalf of the Owner, 1 request that this application be reviewed for completeness and, if found to be complete, to be scheduled to appear on the November 113th agenda for the Planning and Zoning Commission. If you have any questions or desire any additional information please call. Ronald B. Liston 2 GARFIELD COUNTY PRELIMINARY PLAN REQUIRMENTS ASPEN EQUESTRAIN ESTATES SUBDIVISION OF THE PRESHANA FARM PUD The following outlines each element of the subdivision regulations and notes generally where this information can be found in the application. REGULATION REFERENCE SECTION NO. DESCRIPTION 4.50 4:50 A 4.50 B 4.50 C 4.50 D 4.50 E 4.50 F 4.50 G 4.50 H 4.50 1 4.50 J 4.50 K 4.50 L 4.50 M 4.50 N 4.50 0 4.60 4.60 A 4.60 B 4.60 C 4.60 D 4.60 E 4.60 F 4.60 G PRELIMINARY PLAN MAP Name of Subdivision Date etc. Boundary & Legal Names of Owner, Eng. Etc Vicinity Map Adjacent Properties Lot Areas Easements Setbacks Land Use Summary Existing Conditions Common Open Space Public Land Dedication No school site or public lands to be dedicated. per county standards. Street Grades Existing Easements SHEET # 2 & 3 LOCATION SHEET # 1 SHEET # 2 SHEET # 2 SHEET # 1 SHEET # 1 SHEET #2&3 SHEET#2&3 SHEET # 2 & 3 SHEET #2&3 SHEET # 2 & 3 EXIST. COND.MAP VEGETATION LTR. WILDLIFE LTR. SHEET # 2 & 3 SHEET#2 &3 School impact fees will be paid SHEET # 8,9 & 10 ADDITIONAL INFORMATION Terms of Dedications COVENANTS Phasing ENG. REPORT Final platting and construction will be done as one phase. Evidence of Access Off-street Parking Soil & Topo Hazards Radiation Hazard Title Commitment/Deed SHEET # 2 & 3 PUD ZONES GEO REPORT GEO REPORT TITLE POLICY 4.60 H 4.70 4.70 A 4.70 B 4.70 C 4.70 D 4.80 4.80 A 4.80 B 4.80 C 4.80 D 4.90 4.91 4 4 4 4 0 • • ti A B C D 4.96 E 4.92 4.92 A 4.92 B 4.92 C 4.92 D 4.92 E Sectional Subdivision SUPPLEMENTAL INFORMATION Geology Soils Vegetation Wildlife DRAINAGE PLAN Existing Water Courses Tributary Areas Tributary Flows Design of Drainage Fac. UTILITY PLAN Water Supply Rights, Quality & Quantity Central Supply Existing System Individual Supply All uses within the project will be served by the central Augmentation Plan SANITARY SEWER Public Sewer Central Treatment Existing District Individual Sewage Disp. ISDS Management Plan All domestic wastewater will be collected and treated by the central facility at the Ranch at Roaring Fork. NA GEO REPORT GEO RE. & SCS VEG. LETTER WILDLIFE LETTER SHEET#6&7 DRAINAGE RE. DRAINAGE RE. SHEET#6&7 WATER REPORT WATER REPORT ENG.REPORT NA water system. WATER REPORT ENG. REPORT ENG. REPORT SEWER AGREE. NA NA 4.93 UTILITY & ROAD PLANS 4.94 OFF-SITE ROAD IMPACT FEE ENG. REPORT SHEET #8-18 ENG. REPORT 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 VICINITY MAP EXISTING CONDITIONS SHEET 1 OF 1 CLENvvoop 15 Mi SR rVGS SUBJ PRO COLORADO STA TE iirG ryyAr CATHERINE 4182 ROARING FORK RIVER UNION PACIFIC R.R. VEC \ITY IAP HIGH COUNTRY ENCJNEERING, INC. 923 COOPER AVENUE cLENNWOCO SPRINGS, Co 81601 (970) 945-8676 GARFIELD COUNTY. CO ASPEN EOUESRIAN ESTATES vlc*Ir Y MAP DES. CK. LAH DR. TEW DATE 8/16/99 FILE NO. 990300 J iJ: 1uS�SiCr OJ 9038, \ SMUG nik.ep 0. 2 199 i= Mei I= d z ria 3'IVDS 3IHdVt1D s ai 71 o ASPEN EQUESTRIAN ESTATES, L.L.C.era CARPIELO COUNTY, COLORADO A,SF EN EQUESTRIAN ESTATES EXCST1NG DOM MAP 4 - o1104 a coY EhiONEERNOL NC gritTMADB. OD _ - PHfG OjN445 A�47WOOD B 545-2155 DES. LAM N0. DA% REVISION BY DR, DdW cK. DATE 9/20 99 FILE SF2 : ANDREW ANTIPAS ECOLOGICAL FAX NO. : 9707040305 Sep. 19 1999 09:26PM P5 Andrew Antipas Ecological & Environmental Consulting, LLC 9117199 Jay Weinberg Aspen Equestrian Estates, LLC 3275 County Road 100 Carbondale, CO 81623 Reference: Wetland Investigation Aspen Equestrian Estates Farm Carbondale, CO Dear Mr. Weinberg. No jurisdictional wetlands will be impacted as a result of the proposed housing development based on my investigation conducted on September 17, 1999. However, jurisdictional wetlands do exist south of the proposed building envelopes for lots 132 through B11. This wetland boundary has been delineated in the field and it is my understanding that High Country Engineering surveyors have transferred this information to project mapping_ The following letter describes the Army Corps methodology, my observations, and recommendations. Methodology The routine criteria as described in the Army Corps of Engineers 1987 Delineation Manual was utilized to determine if wetlands are present in the study area. The 1957 manual utilizes the three parameters of vegetation. soils, and hydrology to identify and delineate wetlands. and requires that these parameters be determined during the growing season_ Weber's Colorado Flora of the Western Slope (1937) was the primary Laxonomlc reference. and plant species nomenclature and wetland indicator status follow Reed (1988) for the intermountain region (Region 8). Dominant plant species at each sample location were determined by visual estimation within a 30 foot radius plot. f Iydrophvtie (wetland) species are those with an indicator status of OBI. (obligate wetland), FACW (facultative wetland). or FAC (facultative). Species listed as FACT' (facultative upland) or TJPL (obligate upland) generally do not occur in wetlands. Some species are not considered to be reliable indicators of wetland or upland conditions: these are marked NI (no indicator). All soil characteristics reported here reflect field determined conditions in the B horizon or the greatest depth above an impermeable layer. Indicators of wetland hydrology include but are not limited to inundated or saturated soils. water marks, drift lines, and sediment deposits. Results The proposed building envelopes were clearly marked and staked in the field which insured that the investigation included all areas proposed for disturbance. The proposed home and out buildings would be constructed on level terrain dominated by herbaceous plant species typical of agricultural/pasture lands including orchard and 0285 Crysral C:trek , Carbondale. CO 8 623 970-903-8297 a:Au Ipasqsopr s.net. OM irM : ANDREW ANTIPAS ECOLOGICAL FAX NO. : 9707740305 Sep. 19 1999 09:27PM P6 wheat grasses, plantain, thistle. timothy and dandelion. There were no hydrologic indicators in this area and soil testing revealed upland conditions. South of the "13 lots" building envelopes is a sharp topographic break. Large cottonwood trees and a variety of other shrubs aided in delineating this arca. At the toe -of -slope of this topographic break begins the jurisdictional wetlands. Pink flagging tape labeled Wetland Boundary- was used to identify this transition from upland to wetland. Wetland flags were hung as close to the toe -of -slope as possible from surrounding trees and shrubs. in some cases flagging was hung several feet within the upland areas due to a lack of suitable branches. In addition, thick shrubs growing along the slope did not allow the toe -of -slope to he observed in all cases or did not allow for safe passage of the investigator. Vegetation within the wetland area consisted of a variety indicator species including blue joint grass (Catamagrostis canadensts, OBL), soft stem bulrush (Scirpus validus, OBL). blue bells (Mertensiu ciliate, OBL), spotted touch-me-not (Irrcpatients capensis. FACW), red -osier dogwood (Cornus stolor4fera. FACW), Box elder (Acer n.egundo, FACW), stinging nettle (Urtica click ., FAC), cattail (Typha species, OBE,,), and sedges (Carex species, OBL). Water was Bowing through the wetland arca which met the hydrologic indicator requirement. Soil testing within the wetland was not possible due to the site being inundated with water. However. the Army Corps delineation manual does allow hydric soil conditions to be inferred based on the dominant wetland plant community and hvcirnlo v_ Summary No wetlands were identified iri the areas identified for development,.but care needs to be taken to avoid adjacent jurisdictional habitats south of the B lots_ The remainder of the proposed homes and structures are not near or adjacent to jurisdictional wetlands. fie615*V41- The use of silt fence at the wetland edge is recommended which will reduce erosion and sedimentation from impacting the area. in addition. stock pile and construction staging areas should be determined well in advance and illustrated on project plans in order to avoid oversights by the contractor. This will insure that heavy equipment or construction materials do not enter the jurisdictional wetland inadvertently. If project plans change and wetland impacts are unavoidable, permits from the Army Corps of Engineers must be in place before wetland disturbance can begin. If I can provide any further information please do not hesitate to can. Thank you for the opportunity to provide ecological services for your project. Very truly yours. / Aiorr.-- Andrew tipa.s rr: Ikon Liston Torn Zancanella : ANDREW ANTIPAS ECOLOGICAL FAX NO, : 970704©305 Sep. 19 1999 09:24PM P2 Andrew Antipas Ecological & Environmental Consulting. LLC 9/17/99 Jay Weinberg Aspen Equestrian Estates. LLC 3275 County Road 1.00 Carbondale,. Co 81623 Reference: Wildlife Review Aspen Equestrian Estates Farm Carbondale, CO Dear Mr. Weinberg, Based on current land uses it is my opinion that the proposed project will riot signifc.antly impact wildlife resources. Sensitive planning. design, and construction wi1I minimize potential impacts to neighboring natural areas- l visited the site on September 17. 1999 in order to identify existing land uses and adjacent natural areas. The following letter discusses my observations and recd mmendations. Existing Land Use, Project Overview, and Wildlife Considerations The proposed project would combine new home sites and recreational amenities, while maintaining the existing equestrian facility. Much of the open space at the existing facility is utilized as either pasture land. polo grounds. or horse training. The proposed homes and recreational facilities would use a portion of this open space. The existing land use in the project area is not. particularly appealing to most wildlife. However, bears, raccoons, foxes, skunks, and coyotes are very opportunistic and do very well when living near people. Unfortunately, most folks are not thrilled about sharing their homes with these critters! The guidelines outlined below will address ways to minimize conflicts between home owners and wildlife. South of the existing pasture lands and equestrian facilities is a wetlarnd/riparian complex associated with Blue Creek_ This wetland/riparian habitat is dominated by large cottonwood trees and a dense woody understory. This arca is important for a variety of wildlife including deer. The proposed project will not impact this area directly, but there is potential for indirect impacts duc to its proximity to the project area. The large cottonwood trees provide valuable habitat for a variety of bird species. Especially, nesting birds of prey who make their living along neighboring streams and river corridors. Dead snags provide additional habitat for a variety of small birds, mammals, and the insects they feed on. In addition, to the 0285 Crystal Circle. Czrbcndale. CO 81623 97O -A63-8297 as ntipgq{�isopris.rict m. iM : ANDREW ANTIPAS ECOLOGICAL FAX NO. : 97070410305 Sep. 19 1999 09:25PM P3 1 ovcrstory of cottonwoods, the understory vegetation is typically dense and thick ' which provides valuable cover and nest sites for song birds and small mammals. Even though riparian corridors may be impenetrable to people, they often act as wildlife super highways. They also act as rest areas for migrating birds. It is my understanding that this riparian /wetland area may have conservation ' easements or, other types of protection in place which will protect wildlife. It is also my ririderstanding that most if not all of this habitat falls outside the Equestrian Estates property line. Again, our concern is with indirect impacts, which can be minimized with a little forethought. Wildlife Protection Guidelines 1 The following wildlife protection guidelines have been developed through discussions with the Colorado Division of Wildlife (DoW) staff. These guidelines can help protect wildlife and reduce conflicts between horde owners and nuisance species. - The homeowners association should consider instituting regulations which recognize wildlife issues that are part -and -parcel with living on the western slope. Homeowner association covenants should included clauses which prevent wildlife protection measures from being changed without permission of the DoW. .C.47N4 'St • Ain environmental education program which included brochures and interpretive signs will help property owners minirnize impacts to wildlife and visa versa. - Free ranging dogs can run wildlife which causes the animals to burn extra calories in winter when they can least afford it. When outside. dogs should be leashed or kenneled. Kennels should have a roof to keep the dogs in and the wildlife out. There should be fines for pet owners who allow their dogs to nxn free. It is well documented that house cats can have a tremendous impact on song bird and small mammal populations in rural residential areas. Cats should be keptindoors or kenneled because of the threat to wildlife. • Trash should be stored in wildlife proof containers (preferably bear proof) in order to eliminate the temptation to bears, raccoons. and skunks. ' Dead wildlife (deer) removal is the responsibility of the homeowner. Winter kills and highway injured animrils have the potential to be common in the project area. 1 mm =ROM : ANDREW ANT I PAS ECOLOG I CAL 1 FAX NO. : 970704305 Sep. 19 1999 09:25PM P4 • Down lighting should be utilized in the development to protect evening wildlife activities. • Hay piles must be enclosed in order to discourage feeding by deer and elk in the open space. • Areas that are disturbed need to be revegetated aoci as p i. le to reduce soil erosion which has the potential to affect water quality in the adjacent riparian area. Silt fencing should be utilized in areas adjacent to streams or wetlands. ' ('-*�` Wr�.[� • During project construction. workers should not be all ed to bring dogs to the site. Typically, these dogs are unsupervised for most of the day and may run wildlife. As mentioned previously, the proposed project will not directly impact wildlife habitat. The guidelines outlined above address common problems between home owners arid wildlife. Plus. the guidelines will reduce indirect Impacts to the adjacent riparian habitat and its inhabitants. If you have any questions or require additional information, please do not hesitate to call. Thank you for the opportunity to provide ecological services for your project. Very truly yours. cc: Ron Liston Tom Zancanella IRON : ANDREU ANT IPAS ECOLOGICAL F!old h ' ...,T `it f' l-(ts 1 1 1 1 1 1 1 1 1 1 FAX NO. : 9707O4 1305 Sep. 19 1999 09:28PM Wim: s 1 ( Q� Twp; -- e beamed=Clink rvisisery Walked lies Geld..:went 191Tibelerel Werner, Method X Carp ofLegineent MAW Dd thNormal ?!ot ' Sods, or �m S ydrnZogy He ? Ya Mk:L i tiural a ttaZrtbZCarefrou* os her>sd at this Sslsipic Lads Yaa „_ N. P s1 prsen area? Yee0,,A... —�. Dena* * Aistert1 Problems& pews: Flit 024 PACw, or FAC species (exciuding PAG} Mapped Scriesirhet= Harm Depth 1 1 1 1 1 Ranks of FAC-eertraZ Teak SOILS T Meseir Color Waist/ Mottle Color (moist) lie.AliemelanceiCtoserast L`' 0 _Yrs 3/3_f, 11.1.11.1111 Maggi tam mea oa a kcal Ivedin,aa list, rade inipedoe __..�Salfgrn Odor? : Moral ea Law -Ch e odors? _-. —Mapped Serieumuse Ccoileraad ire, Field? Itetearke 1 v.) et. Tds twat rated— the metiond Wen eal sae? Saiquicuick LiziL7 _ With Orpaie Saab sae °mee a Streidaitgf Sip & Soriaaort Avis/paragon tate mine? Pecan). istricator= Usilut X _ S * .d Bet Upper 12 inches W%tee Matta Drift Uttar; Sediment Vi etlaad Dr/Wit Pattern OLOGY Depth to irree Stsnt&ug Water is Soil Fit Sochss) _ S'voadary tadkatars Cor eaorie required): asked Walsorpbeent ridge 12 i>bekat waterigaidai Laird FAC -era d Tata) .�.�� Erdzoloet F4 Dela Witt sperm&) JURISDICTIONAL DETERMINATION AND RA' ONALE EYdrnigtrtic V ice? Hydric Soh Preens? Wetland ytirolo Pretem3 Yeas Yes Yes No No No la ,This maple Labao within a wedged? Yea ]( No g .eland ens o u. 'YLQ 5hr'L? 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CCAORAOO ASPEN EQUESTAIAN ESTATES SANITARY SEWERDETAIL SFEET 1.01 WMFAMEIT T11-00HOW4MYOWANEETTFAHC Y7j IXA A4$+4JE CLE A MD BPHHCET Co MOA PROM 246.6679 MVO) 46--26e6 OES. PEW N0. DATE NE OS1ON B CA. LAN DATE 9/16/42 FILE! SAOET Sella 1a NW �MIE 1=1 NM MP INIP A g !On. Iln.-'r1� ■rtemmiliggipirmin IIN 2 ASPEN EQUES1RAIN ESTATES, L.L.C. GARFIELD COUNTY, COLORADO ASPEN EOUEST€IAN ESTATES WATER CETAL SHEET t -wr RUN MUM DOWERING. IVC:. 973 COOPHt AVENUE OLD/M.000 EPRIA38, CO OIE01 -- PH070) 946-I670 F7Lfi703 11.13.2685 Io 14 14 N ;a a • gE V P A i Pg as 01 1 1 a 2 5 0 RE 0E5. TEW OR, CIC. LAN DATE 8/18/90 FILE: WIOEI 0 DALE REVISION . t10 ijQ ,g4 •:s tiyli Oyu 0 DALE REVISION III= ■■■ 111■ 111111 w 111111 111111 0 0 t a e ig al • n gl IV rvi Q AA eAlIN z R§ • • Y rgr. P N • v 4 1 6. 0 A v y A V N g .it re € gri ; P Pgi Xri is r g i; ax l i ai zr i; F W E ;x 1 4 € fit R ix �. q �� `f .� a=x �"$��t �{ $ a � � w� ��f st7 �,..�� x! V � egRe 1 h Rp ! 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YEW CK, LAN I' DATE 8/16/94 FILE: NISCOET , gg muma L— m— gm um um a 7 g • n y i r pp -a o .10 to V a m ring ix gm NOI133NNOD 3dId—)NV1 lVOIdAl 1 A 7 3dld 1331S 'Altl7 .8 II O c N Stl313N A!]1! 7NIZI-wi e o n■® i l 11 a G i 1 i 11 140 0; ifnIC i 1 i i ill Ili[ 1 '� 4 1 1 y 4i 1 ! t� 4 V PA Q a z A 0 m 1- P 9 r 1 yy ym wPP n CIVIL ENGINEERS ROADS & UTILITIES REPORT DRAINAGE REPORT PRELIMINARY PLAN SUBMITTAL FOR: ASPEN EQUESTRIAN ESTATES September 21, 1999 OWNER: Aspen Equestrian Estates, LLC 3275 County Road 100 Carbondale, CO 81623 PREPARED BY: Y.112,41,PLA-A. a • Leslie A Hope, P.E. High Country Engineering, In 923 Cooper Avenue Glenwood Springs, CO 81601 PRELIMINARY PLAN SUBMITTAL FOR: ASPEN EQUESTRIAN ESTATES September 21, 1999 The owner of the proposed development is Aspen Equestrian Estates, LLC, represented by Jay Weinberg. The proposed subdivision is located to the east of the Town of Carbondale, in sections 31, Township 7 South, Range 84 West, of the Sixth Principal Meridian. The zoning of the parcel is Planned Unit Development. The parcel is 57.890 acres, more or less, with approximately 20.006 acres as 47 single family residences, 15.209 acres as an equestrian area, and the remainder as open space and right of ways. Off-street parking will be provided with 2 in each garage and 4 in each driveway, resulting in 282 spaces. WATER SUPPLY The source of the water supply will be a well located on the south side of the equestrian area (along Road A). A pump test and water quality test were performed by Zancanella & Associates. A copy of the test results are included in this submittal package. A pressurized distribution system is proposed to supply water to the lots. The tank, pump and chlorination facilities are proposed adjacent to the well site within the equestrian area. A utility easement will be provided on the equestrian lot to provide for the installation and maintenance of the water system. A 200,000 gallon tank is proposed for the subdivision to meet the fire flow demands and the peak daily demands for the subdivision. Fire protection will be provided via onsite fire hydrants. Hydrants will be located per the NEPA requirements. Fire flows will be based upon a minimum of 1000 g.p.m. @ 20 psi residual for a duration of 2 hours (which is 120,000 gallons of storage required). SEWAGE DISPOSAL Sanitary sewer will be provided within the project via an onsite gravity sewer collection system. The entire gravity system will flow to an existing sanitary manhole located at the end of Stagecoach Lane within the Ranch at Roaring Fork. This manhole connects to the sanitary sewer treatment plant for the Ranch at Roaring Fork. An easement for the crossing of Lot 12 and 13 of the Ranch at Roaring Fork has been secured and is provided in the submittal package. The Ranch at Roaring Fork has allowed us up to a maximum of 120 EQR's of sewer service. This is sufficient for the proposed residential development, the equestrian area, and additional amenities. SHALLOW UTILITIES Electricity will be provided Holy Cross Electric. The natural gas will be provided by KN Energy. Telephone will be provided by US West. Cable television will be provided by TCI Cable. Preliminary discussions have indicated that adequate capacity is available to service this site. It is anticipated that electric, telephone and cable will share a common utility trench. SOIL TYPES According to the Soil Conservation Services Soils Map, the predominant soil type is atencio- azeltine complex and redrob loam. The applicable portion of the SCS map and tables are included in this submittal. IMPACTS OF THE SUBDIVISION Blue Creek and the Roaring Fork River are located to the south of the proposed development. The FEMA designated floodplain is present along lots B3, B4, B5 and B6. However, all building envelopes are outside of the floodplain limits. The envelopes are also outside of the Army Corps of Engineers jurisdictional wetlands. Drainage best management practices should be used to mitigate potential impacts. One of the best management practices includes installing silt fences along the top of banks prior to commencing construction activities. Also, hay bales should be installed within drainage ditches to reduce the amount of sediment entering environmentally sensitive areas. Due to the gentle to moderate slopes present on the site, the impacts to the existing topography should be reasonable. RADIATION HAZARDS According to Hepworth Pawlak, radiation hazards are not present for this proposed development. ACCESS TO LOTS The access to the residential lots will be off of County Road 100 via Road A. The access to the equestrian area is a separate entrance off of County Road 100. This road is not included in Garfield County's Off -Site Roadway Impact Fee area. PHASING AND CONSTRUCTION The subdivision will be constructed in one phase, Phase I. The construction access will be at the intersection of the proposed Road A and County Road 100. The construction operations will be restricted to property boundaries. joss s Q% 7 0 6 d ^ .5>4,.. � r �' sso�o August 10, 1999 Leslie Hope High Country Engineering 923 Cooper Avenue Glenwood Springs, Colorado 81601 RECEIVED ji,;la 3799 HIGHWAY 82 • PO. DRAWER 2150 GLENWOOD SPRINGS, COLORADO 81602 (970) 945-5491 • FAX (970) 945-4081 RE: Aspen Equestrian Estate Dear Leslie: The above mentioned development is within the certificated service area of Holy Cross Energy. Holy Cross Energy has existing power facilities located on or near the above mentioned project. These existing facilities have adequate capacity to provide electric power to the development, subject to the tariffs, rules and regulations on file. Any power line enlargements, relocations, and new extensions necessary to deliver adequate power to and within the development will be undertaken by Holy Cross Energy upon completion of appropriate contractual agreements. Please advise when you wish to proceed with the development of the electric system for this project. Sincerely, HOLY CROSS ENERGY je rey A. Franke, Staking Engineer JAF: rj m DRAINAGE STUDY FOR ASPEN EQUESTRIAN ESTATES HCE JOB NO. 99030.01 August 16, 1999 Todd West, E.I. Design Engineer c>6,Lta Reviewed by: Leslie A. Hope, F.E. Project Manager k:1wp1991D301d ram n.doc TABLE OF CONTENTS Introduction 1 Hydrology 1 Drainage Plan 1 Roaring Fork River 2 Floodway 2 Summary 2 Figures: 1) Vicinity Map (81/2" x 11") 2) Portion of FEMA Floodway Map for the Site (81/2" x 11") 3) SCS Soils Map (81/2" x 11") 4) Off -Site Basin (81/2" x 11") Grading and Drainage Plan (reduced to 11" x 17") Appendix: Calculations INTRODUCTI©N Aspen Equestrian Estates is an approximately 58 acre site bounded by Colorado State Highway 82 on the north, County Road 100 on the east, the St. Finnbar Farm Subdivision on the south, and the Ranch at Roaring Fork on the west. Please see the enclosed Vicinity Map for the site location. The major drainages affecting this property are Blue Creek and the Roaring Fork River. Blue Creek flows east to west near the southern boundary of the proposed subdivision. Some areas of the site are located within the designated 100 year floodplain and the 100 year floodway of the Roaring Fork River. However, all of the proposed building envelopes are above the 100 year floodplain. See the enclosed Figure 2, FEMA Floodplain Map. HYDROLOGY The hydrologic methods for this study are outlined in the Soil Conservation Service publication "Procedures for Determining Peak Flows in Colorado" (1980) and the Soil Conservation Service's TR -55. There are currently two houses, barns, and equestrian arenas on site. The existing vegetation consists of pasture/rangeland in fair condition. The developed condition will have additional impervious and semi -pervious areas such as roofs, sidewalks, and driveways. The proposed development consists of 47 single family lots, and the equestrian area will consist of pastures, outdoor arenas, stables, and a barn and residence. The curve numbers have been provided in the Appendix. Peak on-site flows for this site will be primarily rainfall derived since the entire site is below 8,000 feet in elevation. Therefore, the storm drainage system should be more than adequate to handle on-site spring snowmelt runoff. Hydraulic studies for the Roaring Fork River were performed with the 1986 FEMA Flood Insurance Study and this study was used to digitize the floodplain and floodway limits on the plans. DRAINAGE PLAN The on-site drainage will be, in general, captured by roadside ditches and conveyed by culverts and grass lined swales off-site. The historic flow pattern is mostly sheet flow to the southwest. The existing irrigation ditch, Basin Ditch, is proposed to be incorporated into the landscape plan for the equestrian area. Approximately 3.5 cfs will be used for irrigation purposes. Natural drainage paths will be left intact. This ensures that, in general, overland flow will follow predictable historic paths. This also decreases the amount of grading necessary for roadways and actual building areas and thus reduces the possibility of erosion. 1 No detention is proposed for this development because of the large lot sizes, the diffuse flows, and the fact that all drainage has direct access to a river connected channel. The magnitude of the flows and flow paths associated with the river and creek far exceed any reasonably possible on-site storm event. The proposed onsite swales will convey the storm drainage to its historic outfalls. ROARING FORK RIVER The major drainage basin that is in the vicinity of this property is the Roaring Fork. The Roaring Fork River is located to the south of the site. According to the Floodway Map (Community Number 080205, Panel 1880, Revised January 3, 1986) produced by the Federal Emergency Management Agency, a small area along the southern boundary of the property is located within the 100 year floodway. The 100 year floodway and 100 year floodplain limits from the Roaring Fork River that affect this property have been shown on the Grading and Drainage Plan, a copy of which has been included in this report. Other minor offsite basins that affect this property area located along the north side of Highway 82. Multiple culverts flow under Highway 82 to the proposed development. These historic stormwater flows and the irrigation tail -water will sheet#low through the pastures and be conveyed by swales and culverts through the site. FLOODPLAIN AND FL OOD W AY The Grading and Drainage Plan shows the boundaries of the FEMA mapped floodway/ floodplain, which generally follow the Blue Creek drainage, an old secondary stream channel of the Roaring Fork River. The pertinent portion of the FEMA Floodway map has also been included with this report. The areas of the site proposed for residential construction are outside of the designated floodplain and floodway, except for a small portion of Lots 1-9. The building envelopes for Lots 1-9 are out of the 100 year floodplain and floodway. In order to facilitate drainage for each building envelope area, and to provide protection from high groundwater levels, we have proposed a minimum finish floor elevation on lots 1-9. The minimum finish floor elevations proposed are 1 foot above the 100 year floodplain elevation. A recommended list of minimum finish floor elevations for these lots area included with this report in Appendix B. SUMMARY The preliminary drainage plan for Aspen Equestrain Estates blends the equestrian area and the residential subdivision with the natural amenities present in the area. 2 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 GLEN WaCD SP 15 Mi. SUBJ PRO NGS lb COLORADO STA TE HIGHWAY CATHERINE ROARING FORK RIVER UNION PACIFIC R.R. VICAITY VAP HKGI COUNTRY ENGNEERNG, INC. 923 COOPER AVENUE GLENWOOD SPRINGS, CO 81601 (970) 945-8676 GARFIELD COUNTY, CO ASPEN EOUESMAN ESTATES MCMI' MAP FIGURE 1 DES. CK. LAH OR. TEW DATE 8/16/99 FILE NO. 99030.01 SHEET OF 100 IIATI$ IL FLOID INSCAANCI PIMA KEY TO MAP 5.O6 -'"ear Flood Boundary IOU--'<ar Hood Boundary FLOODWAY FRINGE 10U ear Flood Boundary 500-7eat Flood Boondary AppOoXunal< i66-Y•ar Flao.l Boundary Cro); Section Line FLOODWAY FLOODWAY FLOOD BOUNDARY AND FL000WAY MAP GARFIELD COUNTY. COLORADO (UNINCORPORATED AREAS) PANEL 1880 OF 1900 sei as...w Glx rpq 1.60.1ef6 MOT •fr,MTtfJ COMMUNITY -PANEL RUMEN 080205 1880 MAP REVISER: JANUARY 3. 1906 Fnd rel Emeilerwy Vianagenreirie 41ency H -1 COUNTRY ENGINEERING, INC. 923 COOPER AVENUE GLENWOOD SPRINGS, CO 81601 (970) 945-8676 GARFIELD COUNTY, CO ASPEN EOUESTRRAN ESTATES FEMA MAP SCALE 1 '=500' DES. CK. LAI -I DR. TEN DATE 8/16/99 FIGURE 2 FILE NO 99030.01 SHEET 1 OF 1 HIGH COUNTRY ENGINEERING, INC, 923 COOPER AVENUE GLENWOOD SPRINGS, CO 81601 (970) 945-8676 ASPEN EQUESTRIAN ESTATES SCS SOLS MAP SOA'_- ='Uu0' Js FIGURE 3 {. h- r ILc NO. -: a1•5 ' 9903001 SHEET 1 OF 1 •J._ • Fi _: . ii -• t R • • ,2b, a 1 ,:;, ► tir,naa HIGH COUNTRY ENGINEEFING, INC. 923 COOPER AVENUE GLENWOOO SPRINGS, CO 81601 (970) 945-8676 GARFIELD COUNTY, CO ASPEN EQUESTRIAN ESTATES OFF SITE BASIN SCALE 1"=2500' FIGURE 4 DES. DR. TEW CK. LAN FILE NO. DATE B/16/99 99030.01 SHEET 1 OF 1 �. �.. W..•,.I ..JV ,J� .. J...,,,. N. -.,t, - ,...L 1•-I - . �. -.. — — — — — — — — — - — — — — — — — — — I f f1 "`, ,i 1.1( ! I E t�,.�.,E„•:3.1a: ,�11 \'.i .i I;. N\\\‘`.\`.\ ti�l ti ' 2 1 �,r�r l-•. I �i 1 I , x ,' I 11 { y k% 1111 lin 4)/1 'r, C1r I k ( 1)"4 n fk. 1 , .. �' y, tI,.Ir lI yt! `. it '`+,• 14/ y� r 1 I :j £ '+' ; ;lift / 1 / ;.r / 61 /J i 1 1 11c \T 1 : I 1• �'e fn MATCH TO SHEET 7 .r\Y 1 0 °1 0 ASPEN EOIIESTRIAN ESTATES. L.L.C. CARFIELD COUNTT, COLORADO ASPEN EQUESTRIAN ESTATES CFIADiNQ end DRANACE PLAN DES. LAR 0 °ATE RE SI qi elo!101 OR. LAN C1. DATE 9/23/11 FILE; GR1 J I ue blep ei dJLi .111 MN MN Eli IME CEE MATH TO SHT 6 111 I 'Y/71 1. il IX:. ---------1-1-1-1-1,---4.:-----"9- 's• i : 71 1.- V\.r•J ,.' f Id4, *4ttd 1.iidI,i1l,"I•4I•--:; e;4 4- , : ,.-..' 1S'. 1t,9f1 / it/ 11 ,,./ ... - I I 1 - 7, ,1 7 , 1 1 ...--77-....--' ......" •.... --i ...<— .-- .._ ... ... /4-' - \ ,....,..•i , --„, ( -$...-, , .. ,-- -....( ; 1 1 :,- ‘ ) -:` L d- \ ., r / t -,, _.....,.•- .....„,,,,, ........i Ili._ . . ...1 / ill-- \ f I. N i \ I i 11 I k 1 ' ' t ' \ .4 '.. . 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ASPEN EQUESTRIAN ESTATES GRAC4/43 and DRAINAGE PLAN n 1 . , , \ , :,.... --. ,.- .,... 17. ',C ‘%. z PION WINTRY ENCITEElitalC 923 OCCPER AYEN.E OLEAWOCO Eff.A23, CO nem P7t19707 945-2278 FX00701 945.2553 ;4 OS. LW Id DATE RDA 011, DATE 9/23/99 FILE: CR1 APPENDIX: CALCULATI©NS I -ICE JOB NO. 99030.01 28 -Jul -99 GENERAL INFORMATION TOTAL BASIN AREA = 57.89 AC EXISTING CONDITIONS file kaexce11991990301drainage.xls 25 YEAR PRECIPITATION = 2.0" 100 YEAR PRECIPITATION = 2.4" Time of Concentration..53 hrs Pasture / Range (fair condition) Semi -Pervious areas (rooftops, concrete pad) Gravel Driveways 25 YR PEAK FLOW RATE = 100 YR PEAK FLOW RATE = PROPOSED CONDITIONS Curve Number 5.36 cfs 12.13 cfs B 55.18 AC S 1.27 AC S 1.44 AC Weighted CN 68 98 85 69 Time of Concentration: .52 hrs Residential Lots (composite CN based on lot size) Asphalt Roadway Existing Semi -Pervious areas / Gravel Driveways Area to be kept natural (Pasture / Range) 25 YR PEAK FLOW RATE 100 YR PEAK FLOW RATE Curve Number 8.99 cfs 17.81 cfs B 19.47 AC 72 B 2.05 AC B 2.71 AC B 33.66 AC Weighted CN 98 91 68 72 1. EXISTING CONDITIONS - 25 YEAR PEAK FLOW EVENT TR -55 Tabular Hydrograph Method Input Summary Description Ex Cond - 25 Year Event Rainfall Distribution Type II Ia1F Interpolation On Total Area 57.89 ac Peak Time 12.5000 hrs Peak Flow 5.36 cfs = Q25 ex Given Input Data: Subarea DIS Subareas Area CN Tc Tt Rainfall Description (ac) (hrs) (hrs) (in) Site 57.89 69 0.5264 0.0000 2.0 Computed Sheet flow time > 0.1722 hrs Computed Shallow flow time > 0.3542 hrs *************************** Total Time of Concentration > 0.5264 hrs ************************* Info: Time of Concentration rounded to 0.5000 hrs in row <1> . 2. EXISTING CONDITIONS - 100 YEAR PEAK FLOW EVENT TR -55 Tabular Hydrograph Method Input Summary Description Ex Cond - 100 Year Event Rainfall Distribution Type 11 la/P Interpolation On Total Area 57.89 ac Peak Time 12.5000 hrs Peak Flow 12.13 cfs = Q100 ex Given Input Data: Subarea DIS Subareas Area CN Te Tt Rainfall Description (ac) (hrs) (hrs) (in) Site 57.89 69 0.5264 0.0000 2.4 Computed Sheet flow time > 0.1722 hrs Computed Shallow flow time > 0.3542 hrs *************************** Total Time of Concentration > 0.5264 hrs *************************** Info: Time of Concentration rounded to 0.5000 hrs in row <1> . 3. PROPOSED CONDITIONS - 25 YEAR PEAK FLOW EVENT TR -55 Tabular Hydrograph Method Input Summary Description Proposed Conditions - 25 Year Event Rainfall Distribution Type II Ia/P Interpolation On Total Area 57.89 ac Peak Time 12.5000 hrs Peak Flow 8.99 cfs = Q25 pr Given Input Data: Subarea DIS Subareas Area CN Tc Tt Rainfall Description (ac) (hrs) (hrs) (in) Site 57.89 72 0.5158 0.0000 2.0 Computed Sheet flow time > 0.1795 hrs Computed Shallow flow time > 0.2849 hrs Computed Shallow flow time ..... > 0.0514 hrs *************************** Total Time of Concentration > 0.5158 hrs Messages: Info: Time of Concentration rounded to 0.5000 hrs in row <1> . 4. PROPOSED CONDITIONS - 100 YEAR PEAK FLOW EVENT TR -55 Tabular Hydrograph Method Input Summary Description Proposed Conditions - 100 Year Event Rainfall Distribution Type II IaJP Interpolation On Total Area .. 57.89 ac Peak Time 12.5000 hrs Peak Flow . 17.81 cfs = Q100 pr Given Input Data: Subarea DIS Subareas Area CN Tc Tt Rainfall Description (ac) (hrs) (hrs) (in) Site 57.89 72 0.5158 0.0000 2.4 HCE JOB NO. 99030.01 28 -Jul -99 GENERAL INFORMATION file k:lexce1\99\990301dra"rnage.xls TOTAL BASIN AREA = 3500 AC EXISTING CONDITIONS 25 YEAR PRECIPITATION — 2.0" 100 YEAR PRECIPITATION = 2.4" Time of Concentration: 1.96 Hrs. Oak/Aspen & Mtn. Brush (poor condition) Pinion / Juniper (Fair condition) 25 YR PEAK FLOW RATE = 100 YR PEAK FLOW RATE 62.3 cfs 132.5 cfs Curve Number �f3 E 2187 1312 Composite CN 66 58 63 5. OFF-SITE BASIN CONDITIONS - 25 YEAR PEAK FLOW EVENT TR -55 Tabular Hydrograph Method Input Summary Description Off -Site Basin - 25 Year Peak Storm Event Rainfall Distribution Type 11 Ia/P Interpolation On Total Area 3500 ac Peak Time 14.0 hrs Peak Flow 62.3 cfs = Q25 Off -Site Given Input Data: Subarea D/S Subareas Area CN T Tt Rainfall Description (ac) (hrs) (hrs) (in) Off Site Basin 3500 63 1.96 0.00 2.0 Computed Shallow flow time > 1.96 hrs Messages: Info: Time of Concentration rounded to 2.0000 hrs in row <1> . Warning: Ia/p > 0.5 in row < I > . Increase CN and/or Rainfall. Ia/p = 0.5 used. 6. OFF-SITE BASIN CONDITIONS - 100 YEAR PEAK FLOW EVENT TR -55 Tabular Hydrograph Method Input Summary Description Off -Site Basin - 100 Year Peak Storm Event Rainfall Distribution ...... Type II Ia/P Interpolation On Total Area 3500 ac Peak Time 14.0 hrs Peak Flow 132.5 cfs = Q100 Off -Site Given Input Data: Subarea D/S Subareas Area CN T Tt Rainfall Description (ac) (hrs) (hrs) (in) Off Site Basin 3500 63 1.96 0.00 2.4 Computed Shallow flow time > 1.96 hrs Messages: Info: Time of Concentration rounded to 2.0000 hrs in row <1> . 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 AUG -12-99 THU 02:21 PM HIGH COUNTRY ENGINEERING FAX NO. 970 945 2555 P. 01 Vol I !"AG2—PW EOURt S Florida Department of Transportation Drainage Manual r n r w 2 .. • n 0 0 • • v 7.1'• 711110111 r r 1 i 1 1 gl F { arrow r M A 9 w 1 d 1 1 1 ! d 1 1 1 _' 1 1_ 1 1 1 J . S3M5N1 NI (01 y71717r10 0 0 0 0 0 0 0 C 0 0 0 0 1 0 0 0 r r A • M p 0 4 0 a � 0 r A * A H 5 NI 10) 394P1$ S1* 0 d. 4,4 w n e 7: .. 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Y a A l A to a a • - 1 1 1 1 1 I 1 1 1 1 1 1 1 '4 L 1 1 1 J - S1NOIV PO (*1 Y3111I3111 i! 0 00 0 Cr a 0 0 0 0 Cr 0 o a P 0 0 • r A w w - • r A t a 01 a• • n a .n a t.l,.l.l.l a l I.,S“..1.,..1A...,,Z.1.I.I.1 . S. 1 1.... 1. . 1 1 1 1 1.1.1 . l 1 Si,111101 19.11V10510 •i t1.141_, w w A _0•. • w r r .41 A 1. 1., E .i 1... Ji. a. 9 1 H .,.. a l r a 1. r r l ! 1 1 r 1 . J i .s r n 4. O w �! w • *141 $11713i171I® 1111 141.430 i1311110r314 et w _, i • -- ; ,: ! y a f b o s 4 3 ca 3 0 0 �, U w r' w 0 g r aw o •� rn in rNn Z I ..3 7i.V 1.Uni7l4.1f --I �� NJ Ilio r a r 0 r f1 IN IN r n y A a 0 : i V 2 2 i • - n r n n • Id a 0 1 i Z •a ." a =I3; ler .00 1 i s f 1_. = x : . - 1. •' 'i "i 0 R r tin 0 •t91 4•Z- • ran r n w 0 5.19 114 101 3.341VH0510 M t r • S3143111 MI (01 1113A1f1'1 10 Y3131/1'1l0 1■ 7 041000141 625-040-208-a Page 37 of 82 Reference: USOOr, FHWA, HEC -5 (955). 0 WATER REPORT 1 P.C. Box 1908 1005 Cooper Ave. Glenwood Springs, CO 81602 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 /X\ Z,141C1NELL4 4(117 455OCl4TE5, INC. E IEERiNG CO SULT4NTS September 16, 1999 Mr. Mark Bean Garfield County Planning 109 Eighth Street Glenwood Springs, CO 81601 Re: Aspen Equestrian Estates - Water Supply Investigations Dear Mark: (970) 945-5700 (970) 945-1253 Fax This report presents the findings of the water supply investigations performed by Zancanella and Associates, Inc. for the proposed Aspen Equestrian Estates. Information contained in this report covers estimated future domestic water uses, the Basalt Water Conservancy District Contract, a well pump test report, and water quality. Water Requirements The following table presents the estimated uses for the subdivision: Table 1 Aspen Equestrian Estates P.U.D. Future Water Uses 47 Single Family Lots 1.2 56,4 3 Single Family Equestrian Center Lots 1.0 3.0 Subtotal 59.4 ir:ro 4 Showers 0.3 1.2 2 Toilets 0.5 1.0 2 Lays 0.2 0.4 Pool, 25,000 gal 1.0 1.0 Hot Tub 0.2 0.2 Subtotal 3.8 Table 1(cont.) Aspen Equestrian Estates P.U.D. Future Water Uses 2 Toilets 0.5 1.0 2 Lays 0.2 0.4 1 Horse Bath 1.0 1.0 Subtotal 2.4 We have assumed that each EQR will represent 3.5 people using 100 gallons of water per person per day. Water will be diverted to irrigate up to 2,500 square feet of lawn at each residence. We have also included 30 livestock units in the water service plan. Table 2 attached, presents the diversions and consumptive use for the proposed Aspen Equestrian Estates P.U.D. Legal Supply As can be seen from the attached Table 2, the subdivision will divert an average 36.94 AF annually, and consumptively use 9.30 AF. The peak month of June would require a continuous average diversion of 35.6 gpm, The subdivision is located within area A of the Basalt District and will be eligible for the Basalt District temporary exchange plan approved by Garfield County and the Colorado Division of Water Resources. A contract from the Basalt District for 38.2 acre feet which includes transit losses has been obtained and is attached for your review. Physical Supply Jay Weinberg has also retained the services of Zancanella and Associates, Inc. to supervise the drilling and testing of the water supply for the proposed Aspen Equestrian Estates. Pump Test Report A summary of the well construction details and results of the pump test have been summarized as follows: The Appaloosa Well was completed on September 10, 1999 by Shelton Drilling Corporation. At the time of drilling, this well was registered with Colorado Division of Water Resources as a monitoring hole under permit MH -36529 (attached). 2 N G) W W Ci • CC 47. fll w CrCa W c 'C • df • E • zoW ti A M1 yl Cd U .03 m m u m 88888 Lel 6 uco c a 2 a � e - Ga 10, ti ,c c o a w E 114 0 c c c m 2 2, a s a . > > - •0. 4.4 o. c i) 1 8 yl w La Cd 0imi v W 0 m a ingegziz of Residential EQRs L7y., m dl cr o § c EE W • L " ° w O- m 0'b ac O Q O • c $ E • m u c . ca 3 ii 1! J Qa 0 Water Use Calculations Iu LT VT"' m L Id u a E 4 0 a LL c. • 3 4- Y ▪ > 0 • 0 E r 1 OLL,,11 V } 6 m 0. I. IA (V N Ory Y .- N 0 ei ri T 71. IQ 01 in es. 8 Y,-000 ad Q Q Q© O D 0 0 0 0 0 0 6 888888888888 O 0 0 0 0 0 0 0 0 0 0 6 6 888,1;1:219,73288 , u 6 6 6 c7 +" T T T O C7 L] O F el Q D O O Q D a Q D O 0. O O o a o o 0 0 0 0 0 0 6 0 W (17 001 WW1 W p0�))1 'IA 0) 0) (0 0Q111 CO CO 6 0 0 D Q D O O 0 Q Q D 6 6 c Q Q D O 0 0 6 O O rocsmmw av O 00 14 N'T.: N Q N Q N N CD Gil LC/ 8 I) 01 N N N• 7 7 0) 0) N N N C7 43 41 r 0) .- C1 0) .--• r1 r C7 82888888888a cj D 0 D 0 0 6 0 D 6 6 6 rD n Q D 8 8 8 S Q 8. 8 8 8$ 0 0 0 0© 0 0 0 0 0 0 0 88838LIQN3g88 O Q Q Q lV N N T 0 6 Q 6 N 0) N N 54 0 N N f0V N N O 0 0 0 6 0 0 6 6 6 0 0 til CD 43 4 Gil CO CO 7 10 V OD mnrnarnmmmmm al 01 M r 0 A 4 The well is located in the SE 114 of the NW 1/4 of Section 31, Township 7 South, Range 87 West of the 6th P.M. The well can be plotted approximately 2752 feet from the West section line and 2408 feet from the North section line. The approximate location of the well is shown on the attached project location map, Figure 1. The well was drilled to a total depth of 40 feet into Roaring Fork River alluvial deposits. Water was first encountered during drilling at approximately 10 feet. The static water level in the Appaloosa Well on September 13, 1999 was 6.9 feet below the top of the well casing. The well was constructed with five feet of stainless steel well screen set at a depth of 33 - 38 feet. At its current static water level there is approximately 33.1 feet (40 feet - 6.9 feet) of available drawdown. The drawdown represents the available drop from the initial static level. The attached Figure 2 has been prepared to illustrate the well construction details. Also attached is the well construction report from Shelton Drilling Corporation. A pump test was conducted on September 13 and 14, 1999 by Samuelson Pump Company utilizing a 3 horsepower electric submersible pump powered by a portable generator. The pump test was conducted at an initial rate of 100 gpm and the pumping rate was held at that level throughout the remainder of the test. The well was pumped continuously for a 24 hour period at the 100 gpm rate. The drawdown and time data collected during the test are presented in Table 3. We have plotted the results of the test in a drawdown vs. time curve as shown on the attached Figure 3. The maximum drawdown during the 24-hour test was approximately 5.1 feet early in the test. The water level then rebounded to 4.5 feet of drawdown as the well developed, and remained at that level for the remainder of the test. The water level remained well above the pump intake during the entire test. Recovery data for the well following the 100 gpm pump test was collected for an eight minute period after the pumping stopped. The recovery data is summarized in Table 4. The recovery plotted as residual drawdown is shown in Figure 4. Based on the residual drawdown curve, the well displayed positive recovery characteristics. The well appears to have been a good test of the aquifer capabilities. The test indicates that the well will probably be able to operate for extended periods at the rate of 100 gpm. This pumping rate is more than twice the peak average demand for the proposed P.U.D. Finally, water samples were collected during the pump test and sent to Barringer Laboratories in Golden, Colorado for independent analysis. The lab tests included analyses for Inorganic Chemicals (lOCs), Volatile Organic Chemicals (VOCs), Synthetic Organic Chemicals (SOCs), radiological properties (gross alpha and beta) and various physical properties of the water. Since the well screen is at a depth of less than 100 feet, a microscopic particulate analysis (MPA) sample was also taken. The MPA filter was sent to Microsearch Laboratories in Grand Junction. Results of the laboratory tests have not yet been received, but will be forwarded to you as soon as they are made available to us. However, Zancanella and Associates, Inc. has conducted groundwater investigations for the adjacent St. Finnbar Farrn Subdivision, located on property immediately south of Aspen 3 R 88 W R 87 W PROJECT LOCATION MAP aruz i- - soar WTI Oppligalior 1). PM tco' 1 aim 1Tt I MD ss: 1CP TAD DM NM Lf PUN NM Scale In Fret ASPEN EQUESTRIAN ESTATES ZA/iCAACLLA AND ASSLKIATES, INC EAGIACERIN5 CLEC TANTS r0iT 4'F][E !?t 1U - iEOS =POI MOM Pilt41CO3 ammo. mimeo num WO 0.4--v.+.. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 GROUND LEVEL ALLUVIAL BOULDERS ROCKS, GRAVEL ALLUVIAL SANDS, GRAVELS TOTAL DEPTH 40' 10- 15- 20- 25- 30- 35 40- 7 STATIC WATER LEVEL 6.9' ❑N SEPTEMBER 13, 1999 CEMENT 5-15' ~`�----._ -1' T ❑ 33' AND 38' T ❑ 40' 5 1\2' LD, PLAIN STEEL 0.188' WALL CSG 6.5' DIA. H❑LE 33' T❑ 38' 5,5' STAINLESS STEEL SCREEN APPALOOSA WELL DETAIL llama MAYA We nark Iliamber 1.110 MET 1A1 DIawxsY: ica tAZ TAZ tu1Fn viorkiroa ASPEN EQUESTRIAN ESTATES ZAtiC,AYl£LLA .4WD ASSZETATES; ,ThC EISGIAEERI MST CFIXIE ME Baca — IRIS ooWE N M61E FLLOFROS MINA =swop awe Metra-eace NUORZ 2 Table 3 Aspen Equestrian Estates - Appaloosa Well Pumping Test Data WATER DRAW DATE TIME LEVEL DOWN t t' tlt' Q (ft) (ft) (min) (min) (gpm) Comments 13 -Sep -99 09:05 AM 6.9 0 0 --- 100 13 -Sep -99 09:06 AM 9.9 3.0 1 --- 100 13 -Sep -99 09:07 AM 12.0 5.1 2 100 13 -Sep -99 09:08 AM 11.8 4.8 3 --- 100 13 -Sep -99 09:09 AM 11.7 4.8 4 --- 100 13 -Sep -99 09:10 AM 11.5 4.6 5 --- -- 100 13 -Sep -99 09:11 AM 11.5 4.6 6 --- 100 13 -Sep -99 09:12 AM 11.5 4.6 7 - --- 100 13 -Sep -99 09:13 AM 11.5 4.6 8 --- 100 13 -Sep -99 09:14 AM 11.5 4.6 9 --- 100 13 -Sep -99 09:15 AM 11.5 4.6 10 --- - 100 13 -Sep -99 09:25 AM 11.5 4.5 20 --- 100 13 -Sep -99 09:35 AM 11.5 4.5 30 --- 100 13 -Sep -99 09:45 AM 11.5 4.5 40 --- 100 13 -Sep -99 09:55 AM 11.5 4.5 50 --- --- 100 13 -Sep -99 10:10 AM 11.5 4.5 65 --- --- 100 13 -Sep -99 10:35 AM 11.5 4.5 90 --- 100 13 -Sep -99 11:05 AM 11.5 4.5 120 - 100 13 -Sep -99 12:15 PM 11.5 4.5 190 -- --- 100 13 -Sep -99 04:30 PM 11.5 4.5 445 --- --- 100 14 -Sep -99 06:00 AM 11.5 4.5 1255 - -- 100 14 -Sep -99 09:45 AM 11.5 4.5 1480 --- - 100 09116/99 Zancanella & Associates App aloosePrepTs1.123 oosaPmpTst.123 4 a nCanalls d A Table 4 Aspen Equestrian Estates - Appaloosa Well Recovery Test Data WATER DRAW DATE TIME LEVEL DOWN t t' tit' Q (ft) (ft) (min) (min) (gpm) Comments 14 -Sep -99 09:45 AM 11.46 4.5 2876 0 --- 0 14 -Sep -99 09:46 AM 7.04 0,1 2877 1 2877.0 0 14 -Sep -99 09:47 AM 7.00 0.1 2878 2 1439.0 0 14 -Sep -99 09:48 AM 7.00 0.1 2879 3 959.7 0 14 -Sep -99 09:49 AM 7.00 0.1 2880 4 720.0 0 14 -Sep -99 09:50 AM 7.00 0.1 2881 5 576.2 0 14 -Sep -99 09:51 AM 7.00 0.1 2882 6 480.3 0 14 -Sep -99 09:52 AM 7.00 0.1 2883 7 411.9 0 14 -Sep -99 09:53 AM 7.00 0.1 2884 8 360.5 0 04116/99 7_ancenella & Associates AppelaysaPmpTat.123 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 AppalooaaPm prsl. S23 2ancanalla & A Equestrian Estates. The St. Finnbar Farm well is very similar to the Aspen Equestrian Estates well, as they both will draw water from the general aquifer associated with the Roaring Fork River alluvium. The two wells are approximately 800 feet apart. Because of their proximity and the fact that they are drawing water from the same aquifer, we feel that the water quality results from the St. Finnbar Well #1, Lot #1 may be used as a temporary substitute for the pending lab analyses from the Aspen Equestrian Estates Appaloosa Well. The analytical results from the St. Finnbar well are attached. St. Finnbar Well #1, Lot #1 was drilled by Shelton Drilling Corporation. The test well is currently registered as a monitoring hole with the Division of Water Resources under permit No. MH -32679 and is located in the NE'/4 of the SW of Section 31, Township 7 South, Range 89 West of the lith P.M. 2320 feet from the West section line and 2595 feet from the North section line. The approximate location of the well is shown on the attached project location map (Figure 1). St. Finnbar Well #1, Lot #1 was drilled to a depth of 39 feet and constructed with a 5 -inch diameter steel well casing. The water bearing portion of the well is in the Roaring Fork River alluvium. This alluvial formation is under nearly all of the proposed. St. Finnbar Subdivision. The static water level in the well on March 5, 1998 was 9.21 feet below the top of the well casing. From the above description, it can be seen that the Appaloosa Well and the St. Finnbar Well #1 are very similar. Fire Flow Fire flow requirements for the subdivision will be provided by the use of a 200,000 gallon storage tank with a pump pressure boosting station. Bill Gavette with the Carbondale Rural and Fire Protection District has indicated that the fire flow required for this subdivision will be 1000 gallons per minute for two hours. The proposed water system improvements including the storage tank, booster pumps, and distribution system have been designed to meet this requirement. If you have any questions, please call our office at (970) 945-5700. Very truly yours, Zancanella and Associates, Inc. Thomas A. Zancanella, P.E. Attachments cc: Jay Weinberg Ron Liston N: 97 600"s1974241GARa s gene st.wpd 4 Basalt Water Conservancy District Contract ORDER GRANTING APPLICATION FOR ALLOTMENT CONTRACT JAY WEINBERG CONTRACT NO. 343 Application having been made by or on behalf of Jay Weinberg and hearing on said Application having been duly held, it is hereby ordered that said Application be granted and that the attached Water Allotment Contract for 0.23 cubic feet of water per second from the District's direct flow rights and 38.2 acre feet per year (35.6 acre feet for domestic use and 2.6 acre feet for commercial use) of storage/augmentation water owned or controlled by the District is hereby approved and executed by and on behalf of the Basalt Water Conservancy District, for the beneficial use of the water allotted in the attached Contract. upon the terms, conditions and manner of payment as therein specified and subject to the following specific conditions: 1. The Applicant has acknowledged that the land to be benefitted by the attached Contract is described on Exhibit "A" attached hereto and incorporated herein by this reference. 2. In the event of the division of the property served by this Contract into two (2) or more parcels owned by different persons, the Applicant shall establish a Homeowners Association or other entity acceptable to the District for the ongoing payment of charges due under the approved Contract following subdivision of the property described in the Application on tile with the District. The Applicant shall give notice to purchasers of all or any part of the subject property of the obligation of this Contract, and shall record such notice in the records of the Clerk and Recorder of Garfield County, Colorado. Applicant and his successors and assigns shall comply with all rules and regulations now existing or hereafter adopted by the District to enforce payment of charges due under the approved Contract by present and future owners of all or any part of the real property served under this Contract. 3. The Applicant shall provide the District proof that the proposed land use of the land to be benefitted by the water allotted hereunder has been approved by the applicable governmental authorities having jurisdiction over such land use, including evidence satisfactory to the District that each lot or parcel to be benefitted hereunder is legally subdivided. 4. By acceptance of this Contract, Applicant acknowledges that within two years of the date hereof or such later date as the District may approve, the Applicant shall file with the Water Court of Water Division No. 5 a water rights plan of augmentation for utilization of water allotted hereunder at the location and for the purposes hereinabove set forth or the Applicant's water allotment as provided in this Contract may be included in a water rights plan of augmentation to be filed by the District with the expenses thereof to be shared prorata by the Contract holders included in such plan; provided that inclusion of the Applicant's water allotment in the District's plan of augmentation shall be at the District's sole discretion. The District may establish an augmentation plan fee to be paid by the holder of any Contract to be included within a plan of augmentation to be filed by the District, which fee shall be payable in advance of the inclusion of such Contract in a District plan of augmentation and may be based on the District's good faith estimate of the anticipated expense of such plan of augmentation. If such augmentation plan fee paid by a Contract holder exceeds the Contract holder's prorata portion of the actual expenses incurred by the District IttosnavectikenumALLL a 40 -1- in completing said plan of augmentation, the District shall refund such excess to the Contract holder. 5. Any and all conditions imposed upon the release and diversion of water allotted hereunder in any water rights plan of augmentation or other water rights decree of the Water Court for Water Division No. 5 shall be incorporated herein as a condition of approval of this contract. Granting of this allotment contract does not constitute the District's representation that the Applicant will receive a well permit or water rights decree for the land to be benefitted hereby. 6. If Applicant intends to divert water through a well or wells, Applicant shall provide the District a copy of Applicant's valid well permit for each such well before the District is obligated to deliver water for the benefit of Applicant hereunder. Applicant must comply with the well - spacing requirements set forth in C.R.S. §37-90-137, as amended, if applicable. Compliance with said statutory well -spacing criteria shall be an express condition of the extension of service hereunder, and the District shall in no way be liable for an Applicant's failure to comply. 7. The Applicant's property to be benefitted by the water allotted hereunder is located within an area in which the Applicant's diversion of water may require the augmentation of Blue Creek. The District has incurred extraordinary costs and expenses in connection with the acquisition of water rights which enable the District to augment Blue Creek. Therefore, the annual contract fee, as well as the Applicant's share of expenses incurred by the District in connection with the augmentation of Blue Creek, may be greater than such fees charged for contract allottees in other portions of the District; provided that such fees charged to Applicant shall not be greater than the fees charged to other allottees similarly situated in the area for which Blue Creek augmentation is required. The District may establish an augmentation plan fee to be paid by the holder of any contract to be benefitted by a plan for augmentation filed by the District, which fee shall be payable within thirty (30) days following the District's statement to the Applicant and may be based on the District's good faith estimate of the anticipated expense of such plan of augmentation. If such augmentation plan fee paid by a Contract holder exceeds the Contract holder's prorata portion of the actual expenses incurred by the District in completing said plan of augmentation, the District shall refund such excess to the Contract holder_ Attest: By: `7 Approved this 19th day of July, 1999. 1.7-4110 Barbara Mick - Secretary MI:01.11.1,COXIIME.1.1.1.1t DtP BASALT WATER CONSERVANCY DISTRICT By: r, Art Bowles. President -2- 1 1 1 1 A parcel of lard Section 31, Towns Cour y of Garfield described as follows ,r I'T' A �S-ca Maur ctrc' aLI.�z, Orzc. Reg. Land Surveyors and Engineers 811 Colorado Avenue Glenwood Springs, Colorado 81601 (303) 945-8664 r PROP ;TDESCRIPTION o situated in a portion of Ls 3, 4, 6.. 17, 18 and 19 of hip 7 South, Range 87 West of the Sixth Principal Meridian, State of Colorado, said parcel being more particularly Commencing at the Witness Corner to the Northeast Corner of said Section 31, a �stone in place; thence 5.60°01'05"W. 2350.39 feet to the Southeast Corner of Reception No. 279416. also being a point on the westerly right -of -fav of Count; Road No. 100, a rebar and cap L.S. No. 10732 in puce, the True Point cf Becinrtinc; thence S . 00 ° 11 "29"N. along said westerly right -of -fay 827.14 feet to rebar and cap L.S. No. 10732 in place; thence continuing along said westerly right-of-way S.03°56'29"W. 117.74 feet to a rebar and can L. S. No. 10732 in IL ace; thence co timairs3 along said westerly right-of-way S.11 °37' 27"W. 299.44 et ; thence leaving said westerly right-of-way N. 72 ° 41 ' 32'rw. along a line '."gig northerly of Blue Creek 136.34 feet; thence continuing along a li.r.e being northerly of Blue Creek N.77°44'52"W. 317.09 feet; thence continuing along a IL'ne being northerly of Blue Creek N.52°48'46"W. 375.98 feet; thence ccrtinu+:g long a lire being northerly of Blue Creek N.41°30'29"W. 69.74 feet; thence continuing along a lire being northerly of Blue Creek N.81°01' 17"W. 285.92 Wit; thence N.13°12' 20"E. 120.00 feet to a point in an existing fence; thence 111.76°47'40"W. along said existing fence 1038.73 feet to a point on the easterly line of Parcel 3 of Reception No. 375 558 (from whence rebel.' and can L.S. NO . 110732 ' bears 3.00°00'18"W. 263.28 feet) ; thence N.00°00' 15"B. along said Westerly line 1013.61 feet to a point an the southerly right -at -way of Colorado State Highway NO. 82 as evidenced by existing right-of-way monuments .nts 2_r- i the x.istirr centerline (whence a rebar and can L.S. No . 3317 Mears S . 00 ° 00' 18 "W. .99 feet) ; thence S.79°56'55"E. along said southerly right-of-way 1982.77 ._eet; thence S.10°30'58"W. along the easterly line of said Reception 4o. 279416 Il/33.47 feet to a rebar and can L.S. No. 10732 in place; thence 5.79'44'32"E. ' -mg the southerly lire of said Reception No. 279416 247.29 feet to the Tri !^int of Beainnir-c; saidcel containing irL.rxg 57.889 acr es , more or less. • 'cgether with a perpetual easement being a portion of Parcel "S" shown in option No. 375658 situated in a portion of Lot 17 of Section 31, Township. 7 South, Range 87 West of the Sixth, Principal Meridian. county of Garfield, State IIf Colorado; said easent being more particularly described as follows: Commencing at the Witness Corner to the Northeast Corner of said Section 31, a Fr.9 in place; thence 5.81 ° 10' 28 "W. 4257.59 feet to a point an the southerly -oy of Sate Higy No. 82, the True Point of Beo*rina; t;-ece 0 ° 00' 18"W . along the easterly line of said Pa -cel " 3 1013.61 feet to a coint on an existing fence; thence N.76°47'40"W.. along said fence 67.27 feet to ILDoomon the westerly line of sajd Parcel "3"; thence N.CO°07' 35"E. along `d westerly line 1009.48 feet to a point on the southerly right-of-way southerly ri : v of said State Highway No. 82; thence S.79 56'55"3. along �� C.1they right -of- t y 64.25 feet .o the True .cint of fir.- j: • said easement. containing 1.496 :es, more or less. 2. 1987 BASALT WATER CONSERVANCY DISTRICT WATER ALLOTMENT CONTRACT NO. 343 Pursuant to C.R.S. 1973, 37-45-131 Jay Weinberg (hereinafter "Applicant") has applied to the Basalt Water Conservancy District (hereinafter the "District"), a political subdivision of the State of Colorado, organized pursuant to and existing by virtue of Colorado Revised Statutes, 1973, 37-45-101, et sec ., for an allotment Contract for beneficial use of water rights owned, leased, or hereafter acquired by the District. By execution of this Contract, Applicant agrees to the following terms and conditions: 1. QUANTITY: In consideration of the covenants and conditions herein contained, Applicant shall be entitled to receive and apply to beneficial use 0.23 cubic feet of water per second from the District's direct flow rights and 38.2 acre feet per year (35.5 acre feet for domestic use and 2.6 acre feet for commercial use) of storage or other augmentation water owned or controlled by the District. 2. SOURCE OF ALLO ri ED WATER: Water rights allotted pursuant to this Contract shall be from the District's water rights decreed to the Basalt Conduit, Landis Canal, Stockman's Ditch Extension, Troy and Edith Ditch, Robinson Ditch, or other decrees or water rights hereafter acquired by the District, including the District's contractual right to receive storage water from Ruedi Reservoir and Green Mountain Reservoir, The District shall have the right to designate the water right or Decree of the District from which the Applicant's allotted rights shall be obtained. The Applicant's use of any of the District's water rights shall be subject to any and all terms and conditions unposed by the Water Court on the use of the District's said rights. Exchange or augmentation releases made from the District's storage rights in Ruedi or Green Mountain Reservoirs or other works and facilities of the District shall be delivered to the Applicant at the outlet works of said storage facility and release of water at such outlet works shall constitute full performance of the District's delivery obligation. Delivery of water from the District's storage rights in Ruedi or Green Mountain Reservoir shall be subject to the District's lease contract with the United States Bureau of Reclamation and any rules and regulations promulgated pursuant thereto. 3. PURPOSE AND LOCATION OF USE: Applicant will use the waters herein granted for beneficial purposes limited to the augmentation of existing and future wells and other water sources, within or through facilities or upon lands owned, operated. or served by Applicant, which lands are described on Exhibit "A" attached hereto; provided that the location and purpose of Appli- cant's use of said water shall be legally recognized and permitted by the applicable governmental authority having jurisdiction over the property served. Applicant's contemplated usage for the water allotted hereunder is for the following use or uses: X Domestic/Municipal — Industrial X Commercial Agricultural Other Applicant acknowledges that usage of the District's water rights as herein contemplated shall be in lieu of or supplemental to Applicant obtaining or adjudicating, on its own. the right to use 1 C %tt fl ,L1 SCkWrt,,,nal,.,.O. k, certain waters. It is acknowledged that certain locations within the District may not be susceptible to service solely by the District's water rights allotted hereunder or the District's said water rights may not satisfy Applicant's needs and purposes. To the extent that service cannot be achieved by use of the District's allotted water rights, or in the event said service is inadequate, Applicant may, utilize such other water rights, by way of supplementing the District's water rights, or otherwise, as is necessary to assure water service sufficiently reliable for Applicant's intended purpose or purposes. All lands, facilities and areas served by water rights allotted hereunder shall be situated within the boundaries of the District. The District reserves the exclusive right to review and approve any conditions which may be attached to judicial approval of Applicant's use of the District's water rights allotted hereunder. Applicant agrees to defray any out-of-pocket 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 adjudication necessary to allow Applicant's use of such allotted water rights; provided, however, in the event any such adjudication involves more of the District's water rights than are allotted pursuant to this Contract, Applicant shall bear only a pro -rata portion of such expenses. Applicant shall be solely responsible for providing works and facilities, if any, necessary to utilize the District's water rights allotted hereunder for Applicant's beneficial use. 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 State Engineer to estimate any conveyance losses between the original point and any alternate point and such estimate shall be deducted from this amount in each case. The District, or anyone using the District's decrees, may call on any additional sources of supply that may be available at an alternate point of diversion, but not at the original point of diversion, only as against water rights which are junior to the date of application for the alternate point of diversion. In the event the Applicant intends 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 an augmentation plan to utilize the water allotted hereunder, Applicant shall not be obligated to bear or defray any legal or engineering expense of the District incurred by the District for the purpose of developing and adjudicating a plan of augmentation for the District. In any eti'ent, the District shall have the right to approve the Applicant's augmentation plan and the Applicant shall provide the District copies of such plan and of all pleadings and other papers filed with the Water Court in the adjudication thereof. 4. PAYMENT: Applicant shall pay annually for the water service described herein at a price to be fixed annually by the Board of Directors of the District for such service. Payment of the annual fee shall be made, in full, within fifteen (15) days after the date of a notice from the District that the payment is due. Said notice will advise the Applicant. among other things. of the water delivery year to which the payment shall apply and the price which is applicable to that year. If a payment is not made by the due date, written notice thereof will be sent by the District to the Applicant at Applicant's address set forth below. If payment is not made within thirty (30) days after 2 said written notice, the District may, at its option, elect to terminate all of the Applicant's right, title, or interest under this Contract, in which event the water right allotted hereunder may be transferred, leased or otherwise disposed of by the District at the discretion of its Board of Directors. In the event water deliveries hereunder are made by or pursuant to agreement with some other person, corporation, quasi -municipal entity, or governmental entity, and in the event the Applicant fails to make payments as required hereunder, the District may, at its sole option and request, authorize said person or entity to curtail the Applicant's water service pursuant to this Contract, and in such event neither the District nor such persons or entity shall be liable for such curtailment. 5. APPROPRIATION OF FUNDS: The Applicant agrees that so long as this Contract is valid and in force, Applicant will budget and appropriate from such sources of revenues as may be legally available to the Applicant the funds necessary to make the annual payments in advance of water delivery pursuant to this Contract. The Applicant will hold harmless the District and any person or entity involved in the delivery of water pursuant to this Contract, for discontinuance in service due to the failure of Applicant to maintain the payments herein required on a current basis. 6. BENEFIT OF CONTRACT: The water right allotted hereunder shall be beneficially used for the purposes and in the manner specified herein and this Contract is for the exclusive benefit of the Applicant and shall not inure to the benefit of any successor, assign. or lessee of said Applicant without the prior written approval of the Board of Directors of the District. In the event the water right allotted hereunder is to be used for the benefit of land which is now or will hereafter be subdivided or otherwise held or owned in separate ownership interest by two (2) or more uses of the water right allotted hereunder, the Applicant may assign the Applicant's rights hereunder only to a homeowners association, water district, water and sanitation district or other special district properly organized and existing under and by virtue of the laws of the State of Colorado and then only if such association or special district establishes to the satisfaction of the Basalt Water Conservancy District that it has the ability and authority to assure its performance of the Applicant's obligations under this Contract. In no event shall the owner of a portion, but less than all, of the Applicant's property to be served under this Contract. have any rights hereunder, except as such rights may exist through a homeowners association or special district as above provided. Any assignment of the Applicant's rights under this Contract shall be subject to and must comply with such requirements as the District may hereafter adopt regarding assignment of Contract rights and the assumption of Contract obligations by assignees and successors, provided that such requirements shall uniformly apply to all allottees receiving District service. The restrictions on assignment as herein contained shall not preclude the District from holding the Applicant, or any successor to the Applicant, responsible for the performance of all or any part of the Applicant's covenants and agreements herein contained. 7. OTHER RULES: Applicant's rights under this Contract shall be subject to the Water Service Plan as adopted by the District and amended from time to time; provided that such Water Service Plan shall apply uniformly throughout the District among water users receiving the same service from the District. Applicant shall also be bound by the provisions of the Water Conservancy Act of the State of Colorado, the Rules and Regulations of the Board of Directors of the District, the 3 plumbing advisory, water conservation. and staged curtailment regulations. if any, applicable within the County in which the water allotted hereunder is to be used, together with all amendments of and supplements to any of the foregoing. 8. CURTAILMENT OF USE: The water service provided hereunder is expressly subject to the provisions of that certain Stipulation in Case No. 80 CW 253 on file in the District Court in Water Division 5 of the State of Colorado, which Stipulation provides, in part, for the possible curtailment of out -of -house municipal and domestic water demands upon the occurrence of certain events and upon the District giving notice of such curtailment, all as more fully set forth in said Stipulation. 9. OPERATION AND MAINTENANCE AGREEMENT: Applicant shall enter into an "Operation and Maintenance Agreement" with the District if and when the Board of Directors finds and determines that such an agreement is required by reason of additional or special services requested by the Applicant and provided by the District or by reason of the delivery or use of water by the Applicant for more than one of the classes of service which are defined in the Rules and Regulations of the Board of Directors of said District. Said agreement may contain, but not be limited to, provision for water delivery at times or by means not provided within the terms of standard allotment contracts of the District and additional annual monetary consideration for exten- sion of District services and for additional administration, operation and maintenance costs, or for other costs to the District which may arise through services made available to the Applicant. 10. CHANGE OF USE: The District reserves the exclusive right to review and approve or disapprove any proposed change in use of the water right allotted hereunder. Any use other than that set forth herein or any lease or sale of the water or water rights allotted hereunder without the prior written approval of the District shall be deemed to be a material breach of this Contract. 11. PRIOR RESOLUTION: The water service provided hereunder is expressly subject to that certain Resolution passed by the Board of Directors of the District on September 25, 1979, and all amendments thereto, as the same exists upon the date of this application and allotment Contract. 12. NO FEE TITLE: It is understood and agreed that nothing herein shall give the Applicant any equitable or legal fee title interest or ownership in or to any of the water or water rights of the District, but that Applicant is entitled to the right to use the water right allotted hereunder, subject to the limitations, obligations and conditions of this Contract. 13. CONSERVATION PRACTICES: Applicant shall implement and use commonly accepted conservation practices with respect to the water and water rights allotted hereunder and shall be bound by any conservation plan hereafter adopted by the District. as the same may be amended from time to time. 14. WELL SPACING REOUIREMENTS: Applicant must comply with the well -spacing requirements set forth in C.R.S. §37-90-137, as amended, if applicable. Compliance with said C.'.7, wTINDER [% 344 4 statutory well -spacing criteria shall be an express condition of the extension of service hereunder, and the District shall in no way be liable for an Applicant's failure to comply. 15. RECORDING OF MEMORANDUM: In lien of recording this Water Allotment Contract, a Memorandum of Water Allotment Contract will be recorded with the Garfield County Clerk and Recorder's Office. The costs of recording the Memorandum shall be paid by Applicant. Applicant's Address: clo Patrick & Stowell, P.C. 730 E. Durant Aspen, CO 81611 STATE OF COLORADO ) ) ss. COUNTY OF ) Subscribed and sworn to before me this Jay Weinberg. APPLICANT: Jay Weinberg WITNESS my hand and official seal. My commission expires: CAWNOCCISMKNWERal!Writ 14, 5 day of , 1999, by Notary Public 1 1 1 EXEMBIT A eca 7. t©CV and tlighza.E. �, L7re. Reg. Land Surveyors and Engineers 31.1 Colorado Avenue Glenwood Springs, Colorado S1.601 (303) 945-8664 Rc = DESCRiPTION AA parcel of Yard sin.Lated in a portion of Lots 3, 4, 6, 17, 13 and 19 cf Section 31, Tcws;.p 7 South, Range 67 West of t:., Sixth Principal Meridian, Coue' of Garfield,' State of Colorado, said parcel bei:g more particularly Irscribedas follows: Commencing at to Witness Corner to the Northeast Corner of said Section 31, a re in place; thence S. 60 °01' 05 "W. 2250.39 r t Southeast Corner +.± � to the 4 Lr rti W. i..li; a �,� C L otion N4 279416, also being a point cn the ;ester" y right-of-way or County rcd No. 100, a re'sL.S.`,' " and cap No. 10732 in�place, the True Pa ; .r. t of Ifecinning; thence S .0O°11' 29"W. along said westerly right-of-way 827.14 feet to rebar and cap L.S. No . 10732 in place; thence continuing alma said westerly _'ght-of-way $.03'56'29"F"i. 117.74 feet to a rebar and cap L. S. No. 10732 in IlPlace; thence continuing along said westerly right-of-way 5.11'37'27"W. 299.44 eet; thenceleaving said westerly right -Of -way N. 72 ° 41' 22'" W . along a lire northerly of Blue Creek 126.34 fit; thence continuing a1c:a a line being northerly of Blue Creek N.77°44'52"W. 317.09 feet; thence continuing along aI _a being northerly of Blue Creek N.62°48'46"W. 375.93 feet; thence continuing Crg a lire ;:g" rr hery of Slue Creak N.41°30"29"W. 69.74 feet; thence continuing along a lire being northerly of Blue Creek :f .81 °01' 17"W. 2E5.92 IIest; thence N.13°12'20"E. 120.00 feat to a point in an existing fence; thence .76°47'40"W. alcrg said existing -fence 1038.73 fe'l't to a point on the easterly line of Parcel 3 of Reception Nc. 375658 (from whence re` ar and cap L.S. No. II.0732 - bears 5.00.00'18"W. 263.28 feet) ; thence N. C0°00' I8"Z. along said aster?y lire 1013.61 feet to a point an the southerly richt-of-way of Colorado tate High4ay No. 82 as evidenced by existing right -of -ray monuments and the st.!stjrg centerline (whence a ;ebar and cap L.S. No. 3317 bears 3.00°00'18"W. .99 feet) ; thence 5.79°56' 55"M alcrg said southerly richt-of-way 1982.77 _t; thence 5.10'30'5.8"W. along the easterly lire of said Reception No. 279416 133.47 feet to a rear and cap L.S. Na. 10732 in piece; fence S.79"44'32"= r c the southerly line of said Reception th ption No. 279416 247.29 feet to e TflLe int of 3evv.inninc; said parcel containing 57.889 acres, more or less. Irether with a z rmetual easement being a portion of Parcel "3" shown +n eption No. 375558 situated in a portion of Lot 17 of Section 31, Township 7 South, Range 87 West of the Sixth Principal Meridian, County of Garfield, State Colorado; said e;ssre it being more particularly describe as fcllcs : ILS.. r+ { the r • w .. e..cirg at t� _ Witness Corner to to Northeast Corer of said Section 31, a stone in place; thence 5.81 .10' 28"W. 4257.59 feat to a come c:. t o sc^t`'e, 1y ;,hit -of -gray of State H±g• y No. 82, the Tree Point of �m =ild; thence C0 00' 18 W. along to easterly line of said Parcel "B" 1013.61 feet to a point cn an existing fence; thence N.75°47'40"W. along said fence 57.27 feet to point on the westerly ir.ef said a i P r v i "3"; thence t ° 1 rs r . along II Id said �+ westerlyHighs-ay ; + 4 feet to a point on tc, southerlyright-of-way of .�. State No. 82;thence55. °C +� c g s _ • 79 5.n' SJ`�}"�.. a.la•.JI� .�Gfd southerly r1; -- 11 v 64.35 fees 4o the 'baa Point of re 1nninc; sai easement cc:-; 4a_nIng 1.496 res, more ar less. December 2, 1987 1 Water Quality 1 1 BARRINGb'R LABORATORIES, INC. 15000 W. 6TH AVE., SUITE 300 GOLDEN, CO80401 (303) 277-1687 FAX (303) T/I-1fie9 15000 W. 6TH AVE., SUITE 300 GOLDEN, CO FAX (303) 27/-1689 1 Colorado Department of Health - Drinking Water Section REPORTING FORM FOR PHASE I,II,V ORGANIC ANALYSES IIMPLER: PLEASE FILL OUT ONE FORM - FOR EACH INDIVIDUAL SOURCE/PLANT or COMPOSITE SET YES [X] or NO ( ] THESE RESULTS ARE TO BE USED TO FULFILL STATE SAMPLING REQUIREMENTS "SID #: Not ADP COUNTY: Garfield DATE COLLECTED: 03/06/98 YSTEM/ESTABLISHMENT NAME: St. Finnbar Farm, c/o Zancaneila & Assoc STEM ADDRESS: 1005 Cooper Ave Street address/PO Box Glenwood Sprgs CO 81601 CITY STATE Z=P INTACT PERSON: Mark Haves PHONE: L970)945-5700 M?LE COLLECTED BY: Mark Haves TIME COLLECTED:11:10 AM WATER TYPE: RAW [X] or CHLORINATED [ ] or OTHER TREATMENT [ ] I(S): LOCATION(S): - address SAMPLE POINT(S): Well 1, Lot 1 In field off Ctv Rd 100 Wellhead, no treatment DO SAMPLES NEED TO BE COMPOSITED BY LABORATORY? YES [ ] or NO [X] Ifves, record information for second source or second PWSID# IFURCE(S): LOCATION(S): - address SAMPLE POINT (S): I[ ii_EORATORY SAMPLE # 981579-1 CLIENT NAME or TD# •BOATORY NAME BARRINGER LABORATORIES, INC. LAB PHONE (303) 277--1587 DATE RECEIVED IN LABORATORY 03/09/98 _ DATE ANALYZED 03/10/98-03/19/98 1MENTS: 1 1 Meeting The Analytical Challenges OfA Changing World Since 1961 1 1 PAGE 2 LABORATORY NUMBER 0000042 PWSID# Not Amara BARRING.. LABORATORIES, INC. 15000 W. 6TH AVE.. SUITE 300 GOLDEN, CO 80401 (303) 277-1687 FAX (303) 277-1689 ' UNREGULATED VOCs (TRIHALOMETHANES) (ug/1) (ug/1) EPA (ug/1) BLANK IlrAMINANT CAS# RESULT METHOD Lab .IDL RESULT oroform 67-66-3 BDL 524.2 0.5 BDL Bromodichloromethane 75-27-4 BDL 524.2 0.5 BDL lorodibromomethane 124-48-1 BDL 524.2 0.5 BDL moform 75-25-2 BDL 524.2 0.5 BDL 1 liTAMINANT REGULATED ORGANIC CHEMICALS --VOCs Dichloroethylene 1,1,1 -Trichloroethane 112 -Trichloroethane ,-Dichloroethane 1,2,-Dichloropropane lir,4-Trichlorobenzene zene ..arbon tetrachloride -1,2-Dichloroethylene hloromethane ..ylbenzene Moncchlorobenzene Izchlorobenzene a -Dichlorobenzene Styrene rachloroethylene uene trans-1,2-Dichloroethylene T'chloroethylene -v yl chloride X_ enes (total) (ug/1) (ug/1) (ug/1) EPA (ug/1) BLANK CAS# RESULT MCL METHOD Lab .IDL RESULT 75-35-4 BDL 7 524.2 0.5 BDL 71-55-6 BDL 200 524.2 0.5 BDL 79-00-5 BDL 5 524.2 0.5 BDL 107-05-2 BDL 5 524.2 0.5 BDL 79-87-5 BDL 5 524.2 0.5 BDL 120-82-1 BDL 70 524.2 0.5 BDL 71-43-2 BDL 5 524.2 0.5 BDL 56-23-5 BDL 5 524.2 0.5 BDL 156-59-2 BDL 70 524.2 0.5 BDL 75-09-2 BDL 5 524.2 0.5 BDL 100-41-4 BDL 700 524.2 0.5 BDL 108-90-7 BDL 100 524.2 0.5 BDL 95-50-1 BDL 600 524.2 0.5 BDL 106-46-7 BDL 75 524.2 0.5 BDL 100-42-5 BDL 100 524.2 0.5 BDL 127-18-4 BDL 5 524.2 0.5 BDL 108-88-3 BDL 1,000 524.2 0.5 BDL 156-60-5 BDL 100 524.2 0.5 BDL 79-01-6 BDL 5 524.2 0.5 BDL 75-01-4 BDL 2 524.2 1.0 BDL 1330-20-7 BDL 10,000 524.2 0.5 BDL 1 c1rrAMINANI` REGULATED ORGANIC CHEMICALS- -SOCs (ug/1) (ug/1) (ug/1) EPA (ug/1) BLANK CAS# RESULT MCL METHOD Lab MDL RESULT Dioxin 1746-01-6 NT 0.00003 NT 21(,-D -,5,-TP 94-75-7 BDL 70 515.1 0.38 BDL 2 93-72-1 BDL 50 515.1 0.12 BDL Achlor 15972-60-8 BDL 2 525.2 0.3 BDL Atrazine 1912-24-9 BDL 3 525.2 0.3 BDL zo(a)pyrene 50-32-8 BDL 0.2 525.2 0.1 BDL bofuran 153-66-2 BDL 40 531.1 1.5 BDL ' Chlordane 57-74-9 BDL 2 505 2.0 BDL agora 75-99-0 BDL 200 515.1 1.0 BDL romochloropropane 96-12-8 BDL 0.2 504.1 0.025 BDL Dinoseb 85-85-7 BDL 7 515.1 0.30 BDL tat 85-00-7 BDL 20 549.1 5.0 BDL Meeting The Analytical Challenges OfA Changing World Since 1961 1 1 1 PAGE 3 LABORATORY NUMBER C000042 PWSID##_ Not App INTAMINANT BARRINGER LABORATORIES, INC 15000 W. 6TH AVE., SUITE 300 GOLDEN, CO 80401 (303) 277-1687 FAX (303) 277-1689 REGULATED ORGANIC CHEMICALS - - SOCs (CONT.) (2-ethylhexyl)adipate Di(2-ethylhexyl)phthalate Idothall dr in Ethylene dibromide yphosate ptachlor Heptachlor epoxide xachlorobenzene xachloracyclopentadzene ndane Methoxychlor .amyl ntachlorophenol Picloram lvchlorinated biphenyl's azine Toxaphene (ug/1) (ug/1) EPA (ug/1) CAS# RESULT MCL METHOD Lab MDL 103-23-1 117-81-7 145-73-3 72-20-8 106-93-4 1071-53-6 76-55-8 1024-57-3 118-74-1 77-47-4 58-89-9 72-43-5 23135-22-0 87-86-5 1918-02-1 1336-36-3 122-34-9 8001-35-2 BDL 400 525.2 0.5 EDL 6 525.2 0.8 BDL 100 548.1 20 BDL 2 505 0.070 BDL 0.05 504.1 0.025 NT 700 BDL 0.4 525.2 0.2 BDL 0.2 505 0.055 BDL 1 525.2 0.2 BDL 50 525.2 0.1 BDL 0.2 525.2 0.1 BDL 40 505 0.25 BDL 200 531.1 2.0 BDL 1 515.1 0.10 BDL 500 515.1 0.10 BDL 0.5 505 0.50 BDL 4 505 4.0 BDL 3 505 3.0 (ug/1) BLANK RESULT BDL BDL BDL BDL BDL NT BDL BDL BDL BDL BDL BDL BDL BDL BDL BDL BDL BDL UNREGULATED tTAINAN'T 3-Hydroxycarbofuran icarb 2 t i caro sulfone Aldicarb sulfoxide rin ach1or 2arbaryl amba ldrin homyl •!eto1achlor Iribuzin pachlor ORGANIC CHEMICALS--SOCs (ug/1) CAS# RESULT (Unk) BDL 116-06-3 BDL 1646-87-4 BDL 1646-87-3 BDL 309-00-2 BDL 23814-66-9 BDL 63-25-2 BDL 1989-00-9 BDL 60-57-1 BDL 16752-77-5 BDL 51218-45-2 BDL 21087-64-9 BDL 1918-16-7 BDL EPA (ug/1) METHOD Lab MDL 531.1 2.0 531.1 1.0 531.1 2.0 (ug/1) BLANK RESULT BDL BDL BDL 531.1 2.0 BDL 505 0.075 BDL 525.2 0.2 BDL 531.1 2.0 BDL 515.1 0.16 BDL 505 0.055 BDL 531.1 0.5 BDL 525.2 0.2 525.2 0.2 525.2 0.2 BDL BDL BDL 1 ITAMINANT UNREGULATED ITAMINANT -Dichloroethane 1,1-Dichloropropene it1,2 -Tetrachloroethane ,2,2 -Tetrachloroethane 1,2,3-Trichlorobenzene '3-Tri.chloropropane lif ORGANIC CHEMICALS --VOCs fug/1) CAS# RESULT 75-34-3 BDL 563-58-6 BDL 630-20-6 BIN, 79-34-5 BDL 87-61-6 BDL 96-18-4 BDL Meeting The Analytical Challenge (ug/1) EPA (ug/1) BLANX METHOD Lab MDL RESULT 524.2 0.5 BDL 524.2 0.5 BDL 524.2 0.5 BDL 524.2 0.5 BDL 524.2 0.5 BDL 504.1 0.050 BDL Of A Changing World Since 1961 1 1 1 14:::PAGE a LABORATORY NUMBER 0000042'Y P�M1TSID Not oo BARRI G�'R LABORATORIES, INC TAMINANT 15000 W. 6TH AVE., SUITE 300 GOLDEN, CO 80401 (303) 277-1687 FAX (303) 277-1689 UNREGULATED ORGANIC CHEMICALS --VOCs (CONT.) ,4-Trimethylbenzene 1,3-Dichloropropane -Dichloropropene ,5-Trimethvlbenzene 2,-Dichloropropane Bromobenzene mochloromethane momethane Chloroethane oromethane 111oromomethane Dichlorodifluormethane lirorotrichloromethane achlorobutadiene Isoproplbenzerne I. - i c:^1 orobenzene 4 hthalene. a utylbenzene n- Propyltenzene II o hlorotoluene n hlorotoluene n -Isopropyl toluene 5l-butylbenzene T t-buty?benzene (ug/1) (ug/1) EPA (ug/1) BLANK CAS# RESULT METHOD Lab MDL RESULT 95-63-6 BDL 142-28-9 BDL 542-75-6 BDL 108-67-8 BDL 590-20-7 BDL 108-86-11 BDL 74-97-5 BDL 74-96-4 BDL 75-00-3 BDL 74-87-3 BDL 74-95-3 BDL 75-71-8 BDL 75-69-4 BDL 87-66-3 BDL 98-82-2 BDL 541-73-1 BDL 91-20-3 BDL 104-51-8 BDL 103-65-1 BDL 95-49-8 BDL 106-43-4 BDL 25155-15-1 BDL 135-98-8 BDL 98-06-6 BDL 524.2 0.5 BDL 524.2 0.5 BDL 524.2 0.5 BDL 524.2 0.5 BDL 524.2 0.5 BDL 524.2 0.5 BDL 524.2 0.5 BDL 524.2 1.0 BDL 524.2 1.0 BDL 524.2 1.0 BDL 524.2 0.5 BDL 524.2 1.0 BDL 524.2 0.5 BDL 524.2 0.5 BDL 524.2 0.5 BDL 524.2 0.5 BDL 524.2 0.5 BDL 524.2 0.5 BDL 524.2 0.5 BDL 524.2 0.5 BDL 524.2 0.5 BDL 524.2 0.5 BDL 524.2 0.5 BDL 524.2 0.5 BDL 1 Codes Used: IL Not Tested for Compound 3 = The analyte is found in the associated blank as 3 r Indicates that the compound was analyzed for, 1[ MDL = Laboratory Method Dectection Limit 3 = Indicates the presence of a compound that meets criteria but the result is less than the sample and greater than the Lab MDL. (Above the Lab MDL but below the PQL.) 1 1 Approved well as in the sample but was below the Lab MDL. the identification quanitation limit and C R6 L & Title A R S ,,TS = Colorado Department of Health, WQCD-DW-a2, 4300 Cherry Creek South, li 4 /// Date Denver, CO 302222.1530 Meeting The Analytical Challenges OfA Changing World Since 1961 1 1 ii____ BARRINGER LABORATORIES, INC. 15000 W. 6TH AVE.,SUITE 300 GOLDEN, CO 80401 (3W) ZT/-tfi� FAX (303) Z!]-16&9 15000 W. AVE., SUITE 300 GULDEN, CO (303) 277-1687 FAX (303) 271-1689 1 Colorado Department of Health - Drinking Water Section REPORTING FORM FOR ORIGINALLPHASE II,V INORGANIC ANALYSES IPLER: PLEASE FILL OUT ONE FORM - FOR EACH INDIVIDUAL SOURCE/PLANT cr COMPOSITE SET 11 YES [X] or NO [ ] THESE RESULTS ARE TO BE USED TO FULFILL STATE SAMPLING REQUIREMENTS SID #: Not App COUNTY: Garfield DATE COLLECTED: 03/06/98 HMENT NAME: St. -STEM/ESTABLIS SYSTEM ADDRESS: Finnbar Farrri, c/o Zancanella & Assoc 1005 Cooper Ave street NTACT PERSON: Mark 81601 address/PC Box CI7Y STATE ZIP Hayes PHONE:(970)945-5700 Mark Hayes TIME COLLECTED:11:10 AM or CHLORINATED [ ] or OTHER TREATMENT [ ] SAMPLE COLLECTED BY: •TER TYPE: RAW [X] SOURCE(S): 11 1 Lot 1 LOCATION(S) : - address In field off Ct Rd 100 Wellhead no treatment SAMPLE POINT(S): DO SAMPLES NEED TO BE COMPOSITED BY LABORATORY? YES ( ] or NO [X] EORATORY SAMPLE # 981579-1 CLIENT NAME or ID# BORA TORY TORY NAME BARRINGER LABORATORIES, INC- LAB PHONE (303) 277-1687 DATE RECEIVED IN LABORATORY 03/09/98 DATE ANALYZED 03/12/98-04/03/98 1MIENTS: (mg/L) RESULT (rrtg/L) EPA MCL METHOD ANTIMONY BDL 0.006 200.9 tSENIC BDL 0.05 200.9 RItJM fl . 04 2 . 0 200.7 ==RYLLIUM CADMIUM RO IUM BDL 0.1 200.7 0.01 PPER BDL 1.3* 200.7 0.01 CYANIDE BDL 0.2 335.4 0.01 (mg/L) Lab MDL 0.005 0.003 0.02 BDL 0.004 200.7 0.004 BDL 0.005 200.7 _ 0.002 IFUORIDE AD MERCURY CKEL LENIUM D1UM SULFATE .ALLIUM BDL 4.0 300.0 0.1 BDL 0.015* 200.9 0.002 BDL 0.002 245.1 0.0002 BDL 0.1 200.7 0.04 BDL 0.05 200.9 0.005 6 ** 200.7 1 148 500.0** 300.0 1 BDL 0.002 200.9 0.001 I- Not Tested for Compound The ana_.yte is found in the associated blank as tre11 as in the sample - :!a::_;run Contaminant Level Lan MDL - Laboratory Method Detection Limit mg/L - Milligrams per Liter - NOT an MCL, "Action Level" •+ - NOT an KCL, "Monitoring Requirement only" H - Holding time has been exceeded Reviewed & Approved by Tit e / Date I L P.TSJLTS TO: Colorado Depar:-ent of Health, WOCD-DW-B2, 4300 Cherry Creek South, Denver, CO 80222-1530 Meeting The Analytical Challenges Of A Changing World Since 1961 Monitoring Hole and Well Construction Report Uf-17-VI Ui.lUnt "'KUM-UIVIa1I.m Ur 'WV( KniJURlt4114000c4Ci l�+a! r.Uiiu! 1 Jul -14-99 1O:26A a,,,�-15I NOTICE OF rE�T TO CONSTRUCT MC)�i111`` � �iNG Fi[ll,tt5} Please type or print legibly in black ink Vie r-rro JUL 1 4 1999 1 p eshana Forint Well Owner's Name Fn sharia Farms Landowner's Name_-------- * A, Section; .3L• Township _? _-OS, Range .+ L'�f PM. County _ C r_f i e 1 d violets) to ba constructed: Number 4 Estimated Depth 2f7Q_— Ft. Type I Purpose of Monitoring Hole(s)1;0 test for SAal. i tY & quant i tI ic, not prior to 72 hrr;Iler tiC. No. (if applicable) Approximate Bate of Consiructtartf.re a.i.zrq� contact Cathy Queen Phase 970 945-5700 Cansultartt or Duller 7afcane l la E. _A4s_ar-i at' as I Fax No.970 94 SCG 1 1 1 1 1 1 1 1 1 1 1 1 Address 1005 Cooper Avenue Glenvoad Springs co 81601 City. State. Zip c( ilk 4 1999 N o=rY Signal Clarke RCS 11 MH - 36529 ACKNOWLEDGEMENaFROM STATE ENGINEER'S OFFICE FOR s PM0CESSED 6Y DATE ACKNOiAtEDGED DATE NOTICE RECEIVED DIV. _ COUNTY l WO �� GRCUNO ELEV USGS MAP No. CONDITIONS OF MONITORING HOLE ACKNOWLEDGEMENT A copy OF TttE WRITTEN NOTICE OR ACICN OWLEDG>4T SHALL SE AVAILABLE AT THE DRILLING SITE. Notice was provided to the State Engineer it least 3 days prior to construction of monitoring $ observation saltie/. Construction of the notelet must be completed within 90 days of the data notice wit givan t0 the Stats Engineer. Telling and/or pumping croon riot mead a tout of 200 hours unlace prior written approval +s obteiM4 from the State Engineer. Water diverted during testing !MB. not be ossa for betteilciel purpoaea. The owner of the harms/ is responsible for obtaining permitisi ane complying wits/ ab rules and regulation, pertaining to the as:charge of fluids produced during tenting. AJ work must comply wit the Wino Wog Cor►ctructron fivios. 2 CCR 402-2. Minimum cartatructien standard* mt.at be met or a variance obtained. Weil construct:on and Teal Reports iCWS-311 mutt be submitted to tnia office by the licensed contractor or authorized individual within 50 days of me completion of the wart. Appltcetian to permit exrfUing mannormg and otssanratton hales should reference the MN number under Whici the report was fled or be accompanied by a spy of the report. Unities a well ;Damn i■ obtained. tha ho4efnl must be plugged and sealed within or 111 year after constrractian. Ah Abendenrnertt RWart (1 arm GWS -9) roust be isubmitted within 50 days of fawning & s■ating. The owner of tne helots/ mould maintain records of we;or quality tooting and submit this data to the Stall Engineer upas rextuc5t. The monitoring *note number, owner's structure name, anti trate owner's name and audress mi.ost ba pravreed an all with permit ap1'ilitattdniel. wen cOnatrucfOn and aosndonment reports. A monitoring hdlg can not be convened toe produCtiOn wetel, wall [Other [Man a recovery well, unless the hole or well wall ot.qunally constructed by a licensers weal construction contractor. T10.5 ACK:MQtNLE'PGEMENT of 100T10E DOES NOT lNYOICATE TT4AT WELL PFRMITI3) CAN RE APPROVED. Additional Cor+drtiono COLORADO DIVISION OF WATER RESOURCES. t313 SH AN ST -RM Sal -OENVER-CO 802Q3 303-866-3581)FAX 303.866-358! 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 SEP -I4-99 TUE F SHELTON DFILLIN FAX 73801 F. I WELL CONSTRUCTION AND TEST REPORT STATE OF COLORADO, OFFICE OF THE STATE ENGINEER WELL PERMITNUMBER MH -36529 2. Owner Names) : Pershana Farms Mailing Address : % Zancanella & Assoc City, St. Zip Phone PO Box 1908 Glenwood Springs, Co. 81602. (970) 945-5700 FOR OFFICE—USE ONLY APPROVAL 4 GWS31-91-03 WELL LOCATION AS DRILLED: DISTANCES FROM SEC. LINES ft. from 4 E 114 NW 114 Sec. 31 Sec. fine and SUBDIVISION STREET ADDRESS AT WELL LOCATION .. GROUND SURFACE ELEVATION DATE COMPLETED 09/09/99 5 GEOLOGIC LOG Depth Twp. 07S ft. from LOT BLOCK Range 87W Sec line. OR FILING(UNI t) ft, DRILLING METHOD Air Rotary TOTAL DEPTH 40 ft. DEPTH COMPLETED Type of Material (Size, Color, and Type) 000-025 025-039 Boulders, Rocks, Gravels Sand, Gravels 039-040 Shale 6. HOLE DIAM. fin) FROM fit) 40 TO (fp 6.5 0 40 7. PLAIN CASING WATER LOCATED 10 - 39 REMARKS 00 (in) 5.5 Kind Steel Wall Size From (it) To (ft) 0.188 -1 33 Steel 0.188 38 40 PERF. CASING = Screen Stot Size : .100 5.5 SS Screen 33 38 8. Fitter Pack Material Size : Interval: 9 Packer Placement Type Depth 10. GROUTING RECORD lui.tensi Amount Density Irrtoru.l Placement cement asks 16 gal 5-15 poured 11. DISINFECTION : Type : HTH 12. WELL TEST DATA : (1 Check Box if Test Data is Submitted On Supplemental Forrn. TESTING METHOD Air Compressor Static Level : 5 ft. Date/Time Measured Pumping Level : Remarks 13. t (.w nod Ifs. Staid or41 mode Swr..k and tenow u,o arxrrrls e,rorot, and theft Ivy em tnlo to my low4044394 Total ft. Date/Time Measured 09/09/1999 09/0911999 Poll ry n rho second * oves land •sr. toes 1 rnsdm.41101° on g Corp CONTRACTOR Address PheltRox 1059 C Name 1 Title (Please Type or Print) Sign y yne Shelton / President t t:0 Arnt. Used 0 Production Rate Test Length 1.0 gpm 2 hrs. (Pursuant to Seaton 24+1114 (13)(4) CRS. She riskrp of tit■r stotaments+ oratiltrtao t 1 Phone :(970 927-4182 Date 09/14/99 GEOLOGIC AND SOILS REPORT SCS SOILS MAP & SCS SOIL TYPE DESCRIPTION/TABLES G&tech September 21, 1999 Jay Weinberg c/o Land Design Partnership Attn: Ron Liston P.D. Box 517 Glenwood Springs, Colorado 81602 Hepworth-Pawlak Geotechnical. Inc. 5020 County Road 154 Glenwood Springs, Colorado 81601 Phone: 970-945-7988 Fax: 970-945-8454 hpgeoC hpt;eotech.conm Job No. 198 501 Subject: Radiation Potential, Preshana Farm P.U.D., County Road 100, Garfield County, Colorado. Dear Mr. Weinberg: As requested by Leslie Hope, we have reviewed our previous work performed for the project with respect to radiation potential. The project site is not in a geologic setting that would indicate high concentrations of radioactive minerals in the natural soils and underlying rock formation. However. there is a potential that radon gas could be present in the area. It is difficult to assess future radon gas concentrations in buildings before the buildings are constructed. Testing for radon gas levels could be done when the residences and other occupied structures have been completed. New buildings are often designed with provisions for ventilation of lower enclosed areas should post construction testing show unacceptable radon gas concentrations. If you have any questions or require further assistance, please call our office. Sincerely, HEPWORTH-PPt tiO�� I ti O rr/i�r 4dib., •r 4443 Daniel E. P.• t : r it 5 `r04 fi4/`r+s� rrrr+ GN&`S� cc: High Country Engineering Attn: Leslie Hope t pTECHNICAL, INC. /Sra DEH/ro 1 1 1 1 HEPWORTH-PAWLAK GEOTECHNICAL, INC. 5020 Road 154 Glenwood Springs, CO 81601 Fax 970 945-8154 Phone 970 945-7988 PRELIMINARY GEOTECHNICAL STUDY PROPOSED RESIDENTIAL DEVELOPMENT PRESHANA FARMS P.U.D. SOUTHWEST CORNER, INTERSECTION OF HIGHWAY 82 AND COUN'T'Y ROAD 100 GARFIELD COUNTY, COLORADO JOB NO. 198 501 AUGUST 31, 1998 PREPARED FOR: JAY WEINBERG C/O LAND DESIGN PARTNERSHIP ATTN: RON LISTON 918 COOPER AVENUE GLENWOOD SPRINGS, COLORADO 81601 HEPWORTH - PAWLAK GEOTECHNICAL, INC. August 31, 1998 Jay Weinberg c/o Land Design Partnership Attn: Ron Liston 918 Cooper Avenue Glenwood Springs, Colorado 81601 Job No.198 501 Subject: Report Transmittal, Preliminary Geotechnical Study, Proposed Preshana Farms P.U.D., Southwest Corner, Intersection of Highway 82 and County Road 100, Garfield County, Colorado. Gentlemen: As requested, we have conducted a geotechnical study for the proposed Preshana Farms P.U.D. The property is suitable for the proposed development based on geologic and geotechnical considerations. Subsurface conditions encountered in the exploratory borings drilled in the general proposed development area consist of about 1 foot of topsoil overlying relatively dense sandy gravel with cobbles and boulders. At Borings 1 and 3, 3 to 4 feet of sandy clay was encountered overlying the gravel. Groundwater was encountered between 3 and 7 feet deep in the borings. Spread footings placed on the natural gravel subsoils and designed for an allowable bearing pressure of 3,000 psf to 4,000 psf appear suitable at the building sites. We recommend that foundations be kept shallow to avoid groundwater impacts. The report which follows describes our investigation, summarizes our findings, and presents our recommendations suitable for planning and preliminary design. It is important that we provide consultation during design, and field services during construction to review and monitor the implementation of the geotechnical recommendations. If you have any questions regarding this report, please contact us. Sincerely, HEPGRTH A L G TECHNICAL, INC. Daniel E. Hardin, P.E. Rev. by: SLP DEH/ro TABLE OF CONTENTS PURPOSE AND SCOPE OF STUDY 1 PROPOSED DEVELOPMENT 1 SITE CONDITIONS 2 GEOLOGIC SETTING 2 FIELD EXPLORATION 3 SUBSURFACE CONDITIONS 3 GEOLOGIC SITE ASSESSMENT 4 PRELIMINARY DESIGN RECOMMENDATIONS 5 FOUNDATIONS 5 BELOW GRADE CONSTRUCTION 5 FLOOR SLABS 5 SURFACE DRAINAGE 6 PAVEMENT SECTION 6 LIMITATIONS 6 REFERENCES 7 FIGURE 1 - LOCATION OF EXPLORATORY BORINGS FIGURE 2 - LOGS OF EXPLORATORY BORINGS FIGURE 3 - LEGEND AND NOTES FIGURE 4 - SWELL -CONSOLIDATION TEST RESULTS FIGURE 5 - GRADATION TEST RESULTS TABLE I - SUMMARY OF LABORATORY TEST RESULTS H -P GEOTECH PURPOSE AND SCOPE OF STUDY This report presents the results of a preliminary geotechnical study for the proposed Preshana Farms P.U.D. to be located south of State Highway 82 and west of 100 Road, Garfield County, Colorado. The project site is shown on Fig. 1. The purpose of the study was to evaluate the geologic and subsurface conditions and their potential impacts on the project. The study was conducted in accordance with our professional services agreement letter to Jay Weinberg, dated July 15, 1998. A previous soils report for a parcel of land which included the southern portion of the subject site and St. Finnbar Farm to the south, was performed by Lincoln DeVore under Job No. GS -987, dated April 4, 1979. That report was considered in the preparation of our report. A field exploration program consisting of a reconnaissance and exploratory borings was conducted to obtain information on the site and subsurface conditions. Samples of the subsoils obtained during the field exploration were tested in the laboratory to determine their classificationand other engineering characteristics. The results of the field exploration and laboratory testing were analyzed to develop recommendations for project planning and preliminary design. This report summarizes the data obtained during this study and presents our conclusions and recommendations based on the proposed development and subsurface conditions encountered. PROPOSED DEVELOPMENT The proposed development will consist of 47 residential lots and about 3,000 feet of roadway. The existing equestrian facilities will remain. We assume the residences will be typical of the area and be two to three stories with slab -on -grade or shallow crawlspace. The development will be serviced with sewer tie-in to Ranch at the Roaring Fork and on-site water wells. If development plans change significantly from those described, we should be notified to re-evaluate the recommendations presented in this report. H -P GEOTECH 2 SITE CONDITIONS The Preshana Farms P.U.D. is located in the Roaring Fork valley about three miles upstream of Carbondale. The property covers part of the SW Y4 of Sec. 31, T. 7 S., R. 87 W. Blue Creek borders the property on the south. The proposed building envelopes are on a gently sloping terrace that averages about 15 feet above the modern Roaring Fork River channel. The valley floor has an average longitudinal slope of about 1% down to the west. At the time of this study the property was developed with equestrian facilities including an indoor riding arena, stables, storage barn and an old concrete foundation. To the south of the equestrian facilities, there are two 1 -story wood frame houses and a small garage. Most of the borings were drilled in the existing pasture and polo field. The surrounding native vegetation consists of cottonwood trees, grass and brush. The lower lying parts of the terrace on the south side of the property are wetlands. GEOLOGIC SETTING Regional geologic mapping shows that formation rock in the project area is the Pennsylvania -age Eagle Valley Evaporite (Kirkham and Widmann, 1997). Outcrops are not present an the valley floor in the project area, but outcrops are present on the Roaring Fork valley sides to the north and south. The Eagle Valley Evaporite is made up of gray and tan gypsum, anhydrite and halite with interbedded siltstone, claystone, shale, and dolomite. The gypsum, anhydrite and halite are soluble in fresh water. The bedding structure in most places is convoluted because of flow deformation in the plastic gypsum, anhydrite, and halite. Subsurface voids and related sinkholes are sometimes present in areas underlain by the Eagle Valley Evaporite because of the solubility of the gypsum, anhydrite, and halite. Evidence of sinkholes was not observed on the property. Late Pleistocene -age Roaring Fork alluvium is present below the terrace where the proposed building sites are located. The exploratory borings show that the river alluvium on the terrace is greater that 12 feet deep. It consists of a stratified deposit of rounded gravel, cobbles and boulder in a silty sand matrix. H -P GEOTEC'H 1 3 FIELD EXPLORATION The field exploration for the project was conducted on August 7, 1998. Six exploratory borings were drilled at the locations shown on Fig. 1 to evaluate the subsurface conditions. The borings were advanced with 4 inch diameter continuous flight auger powered by a truck -mounted CME -55 drill rig. The borings were logged by a representative of Hepworth-Pawlak Geotechnical, Inc. Samples of the subsoils were taken with 1% inch I.D. and 2 -inch I.D. spoon samplers. The samplers were driven into the subsoils at various depths with blows from a 140 pound hammer falling 30 inches. This test is similar to the standard penetration test described by ASTM Method D-1586. The penetration resistance values are an indication of the relative density or consistency of the subsoils. Depths at which the samples were taken and the penetration resistance values are shown on the Logs of Exploratory Borings, Fig. 2. The samples were returned to our laboratory for review by the project engineer and testing. SUBSURFACE CONDITIONS Graphic logs of the subsurface conditions encountered at the site are shown on Fig. 2. The subsoils consist of about 1 foot of topsoil overlying relatively dense, slightly silty sandy gravel containing cobbles and boulders. Drilling in the dense gravel with auger equipment was difficult due to the cobbles and boulders and drilling refusal was encountered in the deposit. In Borings 1 and 4, sandy silty clay was encountered below the topsoil between depths of 1 to 5 feet. Laboratory testing performed on samples obtained from the borings included natural moisture content and density and gradation analyses. Results of a swell -consolidation test performed on a sample of sandy silty clay are shown on Fig. 4 and indicate the clay is moderately to highly compressible under conditions of loading and wetting. Results of gradation analyses performed on small diameter drive samples (minus 1'/2 inch fraction) of the natural coarse granular soils are shown on Fig. 5. The laboratory testing is summarized in Table 1. H -P GEOTECH - 4 Free water was encountered in the borings at the time of drilling and when checked 4 days later at depths of 3 to 7 feet. The subsoils were slightly moist to wet. GEOLOGIC SITE ASSESSMENT Geologic factors that should be considered in project planning and development are the potential for sinkholes and earthquake related ground shaking. The probability of encountering sinkhole related problems at the proposed building sites is considered to be low, but the developer and prospective home owners should be aware that the building sites cannot be considered totally sinkhole risk free since the Eagle Valley Evaporite is present in the subsurface. The potential presence of subsurface voids should be considered when planning site-specific foundation studies. If indications of voids or sinkhole related problems are identified by these studies, the problem area should be avoided or the feasibility of engineered mitigation evaluated. Engineered mitigation that can sometimes be used to mitigate sinkhole related problems include: • Void stabilization by grouting or excavation and backfilling • Deep foundation systems • Structural bridging • Mat foundations or other rigid foundation systems The project area could experience moderately strong earthquake related ground shaking Modified Mercalli Intensity VI ground shaking should be expected during a reasonable service life for the residences, but the probability for stronger ground shaking is low. Intensity VI ground shaking is felt by most people and causes general alarm, but results in negligible damage to structures of good design and construction. All occupied structures should be designed to withstand moderately strong ground shaking with little or no damage and not to collapse under stronger ground shaking. The region is in the Uniform Building Code, Seismic Risk Zone 1. Based on our current understanding of the earthquake hazard in this part of Colorado, we see no reason to increase the commonly accepted seismic risk zone for the area. H -P GEOTECH 5 PRELIMINARY DESIGN RECOMMENDATIONS The conclusions and recommendations presented below are based on the proposed development, the site reconnaissance, subsurface conditions encountered in the exploratory borings, and our experience in the area. The recommendations are suitable for planning and preliminary design but site specific studies should be conducted for individual lot development. FOUNDATIONS Bearing conditions will vary depending on the specific location of the building on the property. Based on the nature of the proposed construction, spread footings bearing on the natural granular subsoils should be suitable at the building sites. We expect the footings bearing on the relatively dense gravel soils can be sized for an allowable bearing pressure in the range of 3,000 psf to 4,000 psf. The upper clay soils appear soft and may need to be removed and replaced with compacted fill or the bearing level deepened to dense gravel. Foundation walls should be designed to span local anomalies and to resist lateral earth loadings when acting as retaining structures. The footings should have a minimum depth of 36 inches for frost protection. BELOW GRADE CONSTRUCTION Ground water level is shallow throughout the project area. Due to the shallow water level, it will probably not be practical to protect below grade areas from wetting and hydrostatic pressure buildup by use of an underdrain system. We recommend that slab -on -grade floors be placed near to above existing grade and crawlspaces be shallow and at least 2 feet above the ground water level. Basements and deep crawlspaces should be avoided. FLOOR SLABS Slab -on -grade construction should be feasible for bearing on the natural soils. There could be some post construction slab settlement in clay subgrade areas. To reduce the effects of some differential movement, floor slabs should be separated from all bearing walls and columns with expansion joints. Floor slab control joints should be H -P GEOTECH -6 used to reduce damage due to shrinkage cracking. A minimum 4 inch thick layer of free -draining gravel should underlie slabs to facilitate drainage. SURFACE DRAINAGE The grading plan for the subdivision should consider runoff through the project and at individual sites. Water should not be allowed to pond next to buildings. Exterior backfill should be well compacted and have a positive slope away from the building for a distance of 10 feet. Roof downspouts and drains should discharge well beyond the limits of all backfill. PAVEMENT SECTION The near surface soils encountered in the borings below the topsoil consists mainly of silty sand and gravel which is a fair to excellent material for support of pavement materials. We recommend the pavement section for the site roads consist of 3 inches of asphalt pavement on 6 inches of Class 6 aggregate base course. The subgrade should be evaluated for pavement support at the time of construction. Clay subgrade soils should be subexcavated and replaced with coarse granular subbase material. LIMITATIONS This study has been conducted according to generally accepted geotechnical engineering principles and practices in this area at this time. We make no warranty either expressed or implied. The conclusions and recommendations submitted in this report are based upon the data obtained from the field reconnaissance, review of published geologic reports, the exploratory borings located as shown on Fig. 1, the proposed type of construction and our experience in the area. Our findings include interpolation and extrapolation of the subsurface conditions identified at the exploratory borings and variations in the subsurface conditions may not become evident until excavation is performed. If conditions encountered during construction appear different from those described in this report, we should be notified so that re-evaluation of the recommendations may be made. H -P GEOTECH -7 This report has been prepared for the exclusive use by our client for planning and preliminary design purposes. We are not responsible for technical interpretations by others of our information. As the project evolves, we should provide continued consultation, conduct additional evaluations and review and monitor the implementation of our recommendations. Significant design changes may require additional analysis or modifications to the recommendations presented herein. We recommend on-site observation of excavations and foundation bearing strata and testing of structural fill by a representative of the geotechnical engineer. Respectfully Submitted, HEPWORTH - PAWLAK GEOTECHNICAL, INC. Daniel E. Hard' Reviewed By: Steven L. Pawlak, P.E. DEH/ro cc: High Country Engineering - Attn: Tim Beck REFERENCES Kirkham, R.M. and Widmann, B.L., 1997, Geology Map of the Carbondale Quadrangle, Gari eld County, Colorado: Colorado Geological Survey Open File Report 97-3. H -P GEOTECR APPROXIMATE SCALE 1" = 300' 1 • 0 480:N2 _ ift li TOWER 1%! :ORING 3 lk Aft lrja NIPS :ORING 1:4141141bIBORIIli. r„._ lird. R r r r �21O R r i t+ + i C�4...��r it :ORI t i r • i 7 ;_,1 R Rr r EXISTING BUILDINGS a * [ (TYPICAL) ORING CO. ROAD 100 PROPERTY BOUNDARY EQUESTRIAN CENTER LOT LINE r CATHERINE STORE 198 501 HEPWORTH - PAWLAK GEOTECHNICAL, INC_ LOCATION OF EXPLORATORY BORINGS Fig. 1 Fig. 2 0 n N (D 011 z I 0 J a3 W (O (ri cD 0 11 Z O'Gri 0 Elevation Feet 0 n (D 0 in co N N (D CD 198 501 i �I111� N N co AKNACNAlt— 0 yl IL 1 4 1 \ 1 0 111 N N N 4.11, N N N (D (O (� 1 sa (n (n 1111 j li 1,1 1 li 1 1 11 1 1 1 1 1 1 1 1 1 Elevation — Feet HEPWORTH — PAWLAK GEOTECHNICAL, INC. LOGS OF EXPLORATORY BORINGS f 1 1 1 1 LEGEND: h 37/12 0,4 —2. Depth at which boring had caved when checked 4 days after drilling. TOPSOIL; sandy silty clay, organic, medium stiff, slightly moist, dark brown. CLAY (CL); silty, sandy. medium stiff to soft with depth. moist to very moist with depth, brown. SAND (SM}; silty, gravelly with scattered cobbles, medium dense, slightly moist, brown. GRAVEL (GM—GP); sandy, slightly silty, with cobbles and boulders, dense, slightly moist to wet with depth, brown. Rounded rock. Relatively undisturbed drive sample; 2—inch I.D. California liner sample. Drive sample; standard penetration test ( SPT ), 1 3/8—inch 1.0. split spoon sample, ASTM D — 1586. Drive sample blow count; indicates that 37 blows of a 140—paund hammer falling 30 inches were required to drive the California or SPT sampler 12 inches. Free water level in boring and number of days after drilling measurement was made. 1 Practical rig refusal. NOTES: 1. Exploratory borings were drilled on August 7, 1998 with a 4—inch diameter continuous flight power auger. 2. Locations of exploratory borings were measured approximately by pacing from features shown on the site plan provided. 3. Elevations of exploratory borings were based on contours on the site plan provided. 4. The exploratory boring locations and elevations should be considered accurate only to the degree implied by the method used. 5. The lines between materials shown on the exploratory boring logs represent the approximate boundaries between material types and transitions may be gradual. 6. Water level readings shown on the logs were made at the time and under the conditions indicated. Fluctuation in water level may occur with time. 7. Laboratory Testing Results: WC = Water Content ( % ) DD = Dry Density ( pcf ) +4 = Percent retained on No. 4 sieve. —200 = Percent passing No. 200 sieve. 198 501 HEPWORTH - PAWLAK GEOTECHN1CAL, INC_ LEGEND AND NOTES 1 Fig. 3 0 1 2 0 3 rn as ti D0. E 4 0 5 7 8 ?moisture Content = 23.5 percent Dry Density Weight = 102 pct. Sample of: Sandy Silty Clay From: Boring 1 at 4 Feet 0.1 Compression upon wetting 1.0 10 APPLIED PRESSURE — ksf 100 19 8 501 HEPWORTH — PAWLAK GEOTECHNICAL, INC. SWELL—CONSOLIDAT10N TEST RESULTS Fig. 4 { 1 1 1 1 `ERCENT PASSIM} HreDROMETR ANALYSIS TWE !&A NGS U.S. STAN 1A 1 SERIES STEVE ANALYSS I QIAR 50JARf OPENING:, 24 KR. 7 RR •4., 5 3 . 1 3 4• 11 r S'6' 46 IOC 75 Wi. 60 WC 19 Mr 4 hpN , Wi. 00 100 os,4, mwlf.ir.� MMLIMIM•IMM MI= =r=MM= �_� MNW milill• 91N��� � a�� ■a✓ __ IMI= RCENT PAESIN ,0 .... ===. ...... ===alae=m o u_3.-R.-ipms-pruiczEi_r.i —.Imam-al-ma==.1-A ......... — IMIIMZEIIC 11=1IMMEMENIMMIEM/ Ir�IWWI=1===M� IMOW:MIIIMMWEIWW im jiii 1.1=11Mr_a.- I.__�=_�s.1a _�liWlMltsT -lac�.W���—MII� �WEE 111W1 WW=1=1MME=WWW1 .005 .009 .019 .037 .074 .150 - .600 1.15 2.36 4.75 12_5 16.0 37.5 DIAMETER OF PARTICLES IN MILLIMETERS C .AT TO SILT SAND IEDSM fCDARSEi FINE SILT AND CLAY 9 GRAVEL 51 % SAND 40 % LIQUID LIMIT VEL 10 30 70 100 75.2 152 203 127 CORK_ COARSE PLASTICITY INDEX SAMPLE OF: Slightly Silty Sandy Gravel FROM: Boring 2 of 4 Feet '1VROMETER ANALYSIS ` S1EW ANALYSIS TOE READINGS 51ANDARD SER1ES CLEAR SQUARE OPENINGS jjj 3/4' 11 3' 5.5• 6.0 24 HR. 7 HR 45 hIN. 15 M9i. 60 MPI 11 MN. 4 YEN. 1 Nil. DCI 00 .... 103 imm mmlni NM 1* arEIMILIMMA mi=mriZe= 2° isigimom 60 ME= 40 IIM=�_ ___ VIIM =MB =immiN.M11=FWMiommlionmvslmmmin6mmm 5° E.........m...... .... .0 m-g.iiimm _im ..... Qa ------ Nr—r—,....r..---.---mmsinc INIPMEE 70 20 WII 00 �D er '�.NsiE =1111PM = _ . 10 MEM��Mm+ 40 �.� == = := ��E� 1 111.1=1:.+. 100 T .005 .009 .019 .037 .074 .150 300.I001.16 3.36 4.75 0.51L5 ILO 37.5 76.i 127 Si 203 DIAMETER OF PARTICLES IN MILLIMETERS • RCENT RETAINEF 198 501 .0Q2 CLAY To SILT GRAVEL 58 % LIQUID LIMIT SAMPLE OF: Slightly Silty Sandy Grovel SAND 36 7. SILT AND CLAY 6 PLASTICITY INDEX 7. FROM: Boring 6 of 2 Feet 7. HEPWORTH — PAWLAK GEOTECHNICAL, INC. GRADATION TEST RESULTS ,■ ERCENT RETAIN 1 Fig. 5 1 1 1 1 1 JOB NO. 198 501 ti z _ . _.J ▪ J 'Q D 2 CD ▪ LLJ °C 2 I— U CO I F ~ CC - I C W O Lu 1— (11-1 <<0 coI QJ Q far p - CL C Q 0 i CLW 2 1 1 1 1 1 BEDROCK TYPE Slightly silty sandy gravel UNCONFINED COMPRESSIVE ATTERBERG LIMITS GRADATION SAMPLE LOCATION Gtech September 21, 1999 Jay Weinberg c/o Land Design Partnership Attn: Ron Liston P.O. Box 517 Glenwood Springs, Colorado 81602 Hepworth -Paw lak Geotechnical Inc.. 5020 County Road 154 Glenwood Springs. Colorado 81601 Phone: 970-945-798 Fax: 970-945-8454 hpgeo@hpgeotech.com Job No. 198 501 Subject: Radiation Potential, Preshana Farm F.U.D., County Road 100, Garfield County, Colorado. Dear Mr. Weinberg: As requested by Leslie Hope, we have reviewed our previous work performed for the project with respect to radiation potential. The project site is not in a geologic setting that would indicate high concentrations of radioactive minerals in the natural soils and underlying rock formation. However, there is a potential that radon gas could be present in the area. It is difficult to assess future radon gas concentrations in buildings before the buildings are constructed. Testing for radon gas levels could be done when the residences and other occupied structures have been completed. New buildings are often designed with provisions for ventilation of lower enclosed areas should post construction testing show unacceptable radon gas concentrations. If you have any questions or require further assistance, please call our office. Sincerely, HEPWORTH-P/604n r ,TECHNICAL, INC. Daniel E, Htrdit, P. , DEH/ro v f-*Y4,-.3fU9VAL 1 0' cc: High Country Engineering - Attn: Leslie Hope 1 1 HIGH COUNTRY ENG1NEERING 923 COOPER AVENUE GLENWOOD SPRINGS, CO 81601 (970) 945-8676 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Aspen -Gypsum Area, Colorado Atencio-Azeltine complex, 3 to 6 percent slopes. This map unit is on alluvial fans and terraces.. The native vegetation is mainly grasses and shrubs. Elevation is 5,900 to 6,500 feet. The average annual precipitation is 15 to 18 inches, the average annual air temperature is 44 to 46 degrees F, and the average frost -free period is 105 to 120 days. This unit is about 60 percent Atencio sandy loam and 30 percent Azeltine gravelly sandy loam. Included in this unit are small areas of soils that are similar to the Atencio and Azeltine soils but are finer textured. Also included are small areas of gravel bars. Included areas make up about 10 percent of the total acreage. The Atencio soil is deep and well drained. It formed in alluvium derived dominantly from sandstone and shale. Typically, the surface layer is reddish gray sandy loam about 6 inches thick. The next layer is sandy loam about 4 inches thick. The subsoil is about 10 inches of sandy clay loam over about 4 inches of gravelly sandy loam. The upper 6 inches of the substratum is gravelly sandy loam. The lower part to a depth of 60 inches is very gravelly sand. The soil is noncalcareous to a depth of 20 inches and calcareous below that depth. In some areas the surface layer is gravelly or cobbly. Permeability is moderate to a depth of 30 inches in the Atencio soil and rapid below this depth. Available water capacity is low. The effective rooting depth is 60 inches or more. Runoff is slow, and the hazard of water erosion is slight. The Azeltine soil is deep and well drained. It formed in alluvium derived dominantly from sandstone and shale. Typically, the surface layer is reddish gray gravelly sandy loam about 9 inches thick. The upper 7 inches of the substratum is gravelly loam. The lower part to a depth of 60 inches is extremely gravelly sand. The soil is calcareous throughout. In some areas the surface layer is cobbly loam or sandy loam. Permeability is rapid or very rapid below a depth of 16 inches in the Azeltine soil. Available water capacity is low. The effective rooting depth is 60 inches or more. Runoff is slow, and the hazard of water erosion is slight. This unit is used mainly for irrigated hay or pasture. It also is used for crops, urban development, wildlife habitat, or rangeland. if this unit is used for hay and pasture, the main limitations are the low available water capacity and small stones. Grasses and legumes grow well if adequate fertilizer is used. Good management helps to maintain optimum vigor and quality of forage plants. Because these soils are droughty, applications of irrigation water should be Tight and frequent. Irrigation water can be applied by corrugation, sprinkler, and 23 flooding methods. 11 properly managed, the unit can produce 4 tons of irrigated grass hay per acre annually. This unit is moderately well suited to irrigated crops. 1f furrow or corrugation irrigation systems are used, runs should be on the contour or across the slope. If properly managed, the unit can produce 70 bushels of barley per acre annually. The potential plant community on this unit is mainly western wheatgrass, Indian ricegrass, needleandthread, big sagebrush, and Douglas rabbitbrush. Nevada bluegrass, prairie junegrass, and bottlebrush squirreltaii also are included. The average annual production of air- dry vegetation is about 800 pounds per acre. Suitable management practices include proper grazing use and a planned grazing system. If the quality of range vegetation has seriously deteriorated, seeding is needed. The main limitations are cobbles and stones. For successful seeding, a seedbed should be prepared and the seed drilled. Brush management improves deteriorated areas of range that are producing more woody shrubs than were present in the potential plant community. If this unit is used for homesite development, the main limitation is small stones. Population growth has resulted in increased construction of homes in areas of this unit. Topsoil can be stockpiled and used to reclaim areas disturbed during construction. The gravel and cobbles in disturbed areas should be removed if the site is landscaped, particularly in areas used for lawns. If the density of housing is moderate or high, community sewage systems are needed to prevent the contamination of water supplies resulting from seepage from onsite sewage disposal systems. This map unit is in capability subclass IVe, irrigated, and Vie, nonirrigated. It is in the Rolling Loam range site. 14—Callings-Yeljack complex, 25 to 65 percent slopes. This map unit is on ridgetops, benches, and mountainsides. Elevation is 7,500 to 9,500 feet. The average annual precipitation is 18 to 20 inches, the average annual air temperature is 39 to 41 degrees F, and the average frost -free period is 70 to 80 days. This unit is about 50 percent Callings soil and 40 percent Yeljack soil. Included in this unit are small areas of Mine, Arle, Ansari, Jerry, Millerlake, Uracca, and Mergel soils. Included areas make up about 10 percent of the total acreage. The Callings soil is deep and well drained. It formed in alluvium and colluvium derived dominantly from sandstone, Typically, the surface layer is dark brown loam about 5 inches thick. The next 6 inches is gravelly loam, The subsurface layer is very cobbly clay loam pen -Gypsum Area, Colorado g0—Mussel loam, 6 to 12 percent slopes. This ep, well drained soil is on terraces, fans, and foot opes. It formed in alluvium. Elevation is 6,500 to 7,500 feet. The average annual precipitation is 13 to 14 ches, the average annual air temperature is 42 to 44 Iegrees F, and the average frost -free period is 75 to 90 days. Typically, the surface layer is light gray loam about 8 ches thick. The upper 34 inches of the substratum is 111 andy clay loam. The lower part to a depth of 60 inches is gravelly sandy clay loam. IIncluded in this unit are small areas of Yamo soils. cluded areas make up about 10 percent of the total acreage. Permeability is moderate in the Mussel soil. Available water capacity is high. The effective rooting depth is 60 inches or more. Runoff is slow, and the hazard of water rosion is moderate. This unit is used as hayland, as rangeland, or for rban development. It is suited to hay and pasture. The main management concerns are low fertility and the ▪ lope. Grasses and legumes grow well if adequate ▪ fertilizer is used. If properly managed, the unit can produce 4 tons of irrigated grass hay per acre annually. The potential plant community on this unit is mainly Iwestern wheatgrass, needfeandthread, Nevada bluegrass, Sandberg bluegrass, and big sagebrush. The average annual production of air-dry vegetation is about I800 pounds per acre. Areas that are heavily infested with undesirable plants can be improved by chemical or mechanical Itreatment. If the quality of range vegetation has seriously deteriorated, seeding is needed. If this unit is used for homesite development, the main limitation is the slope in the steeper areas. The I slope is also a management concern if septic tank absorption fields are installed. Absorption lines should be installed on the contour. Access roads should be Idesigned to control surface runoff and help stabilize cut slopes. This map unit is in capability subclass IVe, irrigated and nonirrigated. It is in the Rolling Loam range site. 91—Mussel loam, 12 to 25 percent slopes. This deep, well drained soil is on fans and foot slopes. It formed in alluvium. Elevation is 6,500 to 7,500 feet. The average annual precipitation is 13 to 14 inches, the average annual air temperature is 42 to 44 degrees F, and the average frost -free period is 75 to 90 days. Typically, the surface layer is light gray loam about 8 inches thick. The upper 34 inches of the substratum is sandy clay loam. The lower part to a depth of 60 inches is gravelly sandy clay loam. 1 1 1 1 1 63 Included in this unit are small areas of Yamo soils and soils that are similar to the Mussel soil but have slopes of 6 to 12 percent. Included areas make up about 10 percent of the total acreage. Permeability is moderate in the Mussel soil. Available water capacity is high. The effective rooting depth is 60 inches or more. Runoff is medium, and the hazard of water erosion is moderate. This unit is used as rangeland or for urban development. The potential plant community is mainly western wheatgrass, Nevada bluegrass, Sandberg bluegrass, needleandthread, and big sagebrush. The average annual production of air-dry vegetation is about 800 pounds per acre. Range seeding may be needed if the range is in poor condition. The main limitations are the slope and the limited availability of irrigation water. In areas where brush is removed by prescribed burning or by chemical or mechanical methods, the hazard of erosion may increase. If this unit is used for homesite development, the main limitation is the slope. The slope is also a management concern if septic tank absorption fields are installed. Absorption lines should be installed an the contour. Access roads should be designed to control surface runoff and help stabilize cut slopes.. This map unit is in capability subclass Vie, nonirrigated. it is in the Rolling Loam range site. Redrob loam, '1 to 6 percent slopes. This deep, so ewhat poorly drained soil is on alluvial valley floors, low terraces, and flood plains. It formed in mixed alluvium derived dominantly from sandstone and shale. Elevation is 5,800 to 7,200 feet. The average annual precipitation is 16 to 18 inches, the average annual air temperature is 40 to 44 degrees F, and the average frost -free period is 85 to 105 days. Typically, the surface layer is dark grayish brown loam about 14 inches thick. The next layer is stratified stony loam about 6 inches thick. The substratum to a depth of 60 inches is stony and very cobbly loamy sand and sand. Included in this unit are small areas of Fluvaquents and Atencio, Azeltine, Showalter, and Morval soils. Included areas make up about 15 percent of the total acreage. Permeability is moderate in the surface layer of the Redrob soil and rapid in the rest of the profile. Available water capacity is low. The effective rooting depth is 60 inches for water -tolerant plants but is 20 to 40 inches for other plants. Runoff is slow, and the hazard of water erosion is slight or moderate on the steeper slopes. A high water table is at a depth of 18 to 48 inches 64 Soil Sur% throughout the year. This soil is subject to rare flooding of brief duration. Ice jams may cause flooding during prolonged cold periods in winter. This unit is used for irrigated hay and pasture or as wildlife habitat. It is well suited to hay and pasture. The main limitations are the restricted rooting depth for plants that are not water -tolerant and a short growing season. The wetness limits the choice of suitable forage plants and the period of cutting or grazing and increases the risk of winterkill, Irrigation water can be applied by furrow, border, corrugation, and sprinkler methods. This unit provides food and cover for waterfowl and other wetland wildlife. This unit is poorly suited to homesite development. The main limitations are the wetness and the hazard of flooding. This map unit is in capability subclass IVw, irrigated and nonirrigated. It is in the Riverbottom range site. 93—Rogert very stony sandy loam, 25 to 65 percent slopes. This shallow, well drained soil is on mountainsides. It formed in residuum derived dominantly from granite. Elevation is 7,500 to 9,500 feet. The average annual precipitation is 18 to 20 inches, the average annual air temperature is 36 to 38 degrees F, and the average frost -free period is 35 to 60 days. Typically. the upper part of the surface layer is dark grayish brown very stony sandy loam about 6 inches thick. The lower part is brown very gravelly sandy loam about 11 inches thick. Hard granite is at a depth of 10 to 20 inches. The soli is noncalcareous throughout. Included in this unit are small areas of soils that are similar to the Bogert soil but are finer textured and deeper over granite bedrock. Also included are small areas of soils that are similar to the Rogert soil but have a lighter colored surface layer. Included areas make up about 15 percent of the total acreage. Permeability is moderately rapid or rapid in the Rogert soil. Available water capacity is very low. The effective rooting depth is 10 to 20 inches. Runoff is medium, and the hazard of water erosion is moderate. This unit is used for livestock grazing or wildlife habitat. The potential plant community is mainly western wheatgrass, bluebunch wheatgrass, prairie junegrass, and mountain big sagebrush. Other plants that characterize this site are needleandthread, Indian ricegrass, Idaho fescue, and small numbers of many forbs. Some areas of aspen are also included. The average annual production of air-dry vegetation is about 1,000 pounds per acre. The suitability of this unit for range seeding is poor. The main limitations are the slope and the surface stoniness. Suitable management practices include proper range use, deferred grazing, and rotation grazing. Aerial spraying is suitable for brush management. This unit is poorly suited to homesite developme The main limitations are the slope and the depth to bedrock. This map unit is in capability subclass Vile, nonirrigated. It is in the Rocky Loam range site. 94—Showalter-Morval complex, 5 to 15 percen slopes. This map unit is on alluvial fans, high terra. and valley sides. Elevation is 7,000 to 8,500 feet. T average annual precipitation is 14 to 16 inches, the average annual air temperature is 42 to 44 degrees and the average frost -free period is 80 to 90 days. This unit is about 45 percent Showalter very stor loam and 35 percent Morval loam. The Showalter s in convex areas, and the Morval soil is in the more concave areas. Included in this unit are small areas of soils that similar to the Morval soil but have a thicker surface layer. Also included are small areas of soils that an, similar to the Morval soil but have 30 to 40 percent cobbles in the substratum. Included areas make up about 20 percent of the total acreage. The Showalter soil is deep and well drained. It formed in alluvium derived dominantly from basalt. About 10 to 15 percent of the surface is covered wr stones, 5 percent with cobbles, and 5 percent with gravel. Typically, the surface layer is brown very st, loam about 8 inches thick. The upper 3 inches of tf subsoil is very cobbly clay loam. The lower 28 inch very cobbly clay. The substratum to a depth of 60 inches or more is very cobbly clay loam. Permeability is slow in the Showalter soil. Availa, water capacity is moderate. The effective rooting dE is 60 inches or more. Runoff is medium, and the h2 of water erosion is slight. The Morval soil is deep and well drained. It form alluvium derived dominantly from basalt. Typically, surface layer is brown loam about 7 inches thick. T upper 12 inches of the subsoil is clay loam. The lov inches is loam. The substratum to a depth of 60 inc. is loam. The soil is noncalcareous to a depth of 19 inches and calcareous below that depth. Permeability is moderate in the Morval soil. Avai' water capacity also is moderate. The effective rooti depth is 60 inches or more. Runoff is medium, and hazard of water erosion is slight. This unit is used as hayland or rangeland, for crc or for homesite development. It is moderately suitet hay and crops. The main limitations are the surfacE stoniness, the slope, and the slow permeability. 192 Soil SurvE TABLE 10. --BUILDING SITE DEVELOPMENT --Continued Soil name and map symbol Shallow excavations Dwellings without basements Dwellings with basements Small commercial 1 Local roads 1 and streets buildings 1 Lawns ar. landscape 12*: Rook outcrop. 13': Atencio Azeltine 14*: Callings Yeljack 15*, 16': Charcol Mord 17*: Cochetopa Antrobus 18*, 19*: Cochetopa Antrobus 20 Coulterg 21*: Curecanti Fughes Severe: cutbanks cave. Severe; cutbanks cave. Severe: slope. Severe: slope. Severe: slope. Severe: slope. Moderate: too clayey, slope. Severe: Moderate: shrink -swell. Slight Severe: slope. Severe: slope. Severe: slope. Severe: shrink -swell, slope. Severe: shrink -swell. Severe: large stones. 1 large stones. Severe: slope. Severe: large stones, slope. Severe: slope. Severe: shrink -swell. slope. Severe: slope, large stones. Severe: slope. Severe: Moderate: cutbanks cave.) slope, large stones. Moderate: too clayey, slope. See footnote at end of table. (Severe; shrink -swell. Slight Slight Severe: slope. Severe: slope. Severe: slope. Severe: slope, shrink -swell. Severe: shrink -swell. Severe: large stones. Severe: slope, shrink -swell. Severe: slope, large stones. Moderate; shrink -swell, slope. Moderate: slope. Severe: slope. Severe: scope. Severe: slope. Severe: shrink -swell, slope. Severe: shrink -swell, slope. Severe: slope, large stones. Severe: shrink -swell, slope. Severe: slope, large stones. Severe: (Severe: slope. k slope. Moderate: (Severe; slope, 1 slope. large stones. 1 Severe: shrink -swell. Severe: shrink -swell, slope. Moderate: shrink -swell. Slight Severe: slope. Severe; low strength, slope. Severe: slope. Severe; low strength, slope, shrink -swell. Severe: low strength, shrink -swell. Severe: large stones. Severe: low strength, slope, shrink -swell. Severe: slope, large stones. Severe: slope. Moderate: slope, frost action, large stones. Severe: shrink -swell, low strength. Moderate: droughty. Moderate; small stor. droughty. Severe: slope. Severe: slope. Severe: large star. slope. Slight. Moderate: slope. Severe: large ston Severe: slope. Severe: large stony slope. Severe: I slope. !Severe; I large stow 1Moderate: large stony 1 slope. 1 1 Aien-Gypsum Area. Colorado 1 Soil name and map symbol 37': "[dell 81111 arson ick B9 197 TABLE 10. --BUILDING SITE DEVELOPMENT Continued outcrop. ssel ssel Is se 1 •edrob 1 Shallow 1 excavations V Dwellings without basements Severe: 'Severe: cutbanks cave,' slope. slope. 1 Severe: 'severe: depth to rock,' shrink -swell, slope. 1 slope. Severe: ISlight cutbanks cave.1 'Moderate: cave.' slope. 1 [Severe: cave,' slope. Severe: (Severe: cutbanks cave,' flooding. wetness. 1 Severe: (Severe: depth to rock.' slope, slope. I depth to rock. 1 1Moderate: I shrink -swell, I elope, 1 large stones. 'Moderate: I shrink -swell, 1 slope. [Severe: 1 slope. 1Severe: I slope. [Moderate: 1 large stones. IModerate: I slope, I large stones. 1 [Severe: I slope. 1 oge rt 94*: •how1te r Ioa1 Dwellings with basements Small commercial buildings Local roads I and streets I 1 Lawns and landscaping Severe: cutbanks 15*: Showalter Morval Severe: cutbanks slope. 46 Southace 97 Southace 98, 99 Southace Severe: slope. Severe: slope. Severe: (Severe: depth to rock, shrink -swell, slope, 1 slope. shrink -swell. 1 Moderate: too clayey, large stones, slope. Moderate: slope. Severe: slope. Severe: slope. Moderate: large stones. Moderate: large stones, slope. Severe: 1 slope. See footnote at end of table. Slight Moderate: slope. Severe: slope. Severe: flooding, wetness. Slight Severe: slope. Severe: slope. (Severe: 1 flooding. Severe: slope. Severe: low strength. slope, shrink -swell. Moderate: frost action. Moderate: slope, frost action. Severe: slope. Moderate: wetness, flooding. 'Severe: I slope. 1 (Severe: I slope, I thin layer. 1 'Slight. Moderate: 1 slope. iSevere: 1 slope. 1 IModerate: 1 wetness. Severe: 'Severe: iSevere: (Severe: depth to rock, slope, 1 depth to rock,1 small stones, slope. I depth to rock. slope. I slope. Moderate: Severe: slope, I slope. large stones. 1 Moderate: (Severe: slope, 1 slope. shrink -swell. Severe: slope. Severe: slope. Moderate: large stones. Moderate: slope, large stones. Severe: slope. Severe: slope. Severe: slope. Moderate: slope. frost action, 1 1Severe: I large stones. shrink -swell. Moderate: low strength, slope, frost action. Severe: slope. Severe: slope. Moderate: Moderate: large stones. V large stones. Severe: slope. Severe: slope. Moderate: slope, large stones. Severe: slope. IModerate: 1 slope. 1 1 'Severe: I large stones, I slope. 1 'Severe: 1 slope. 1 1Severe: I droughty. [Severe: 1 droughty. 'Severe: 1 droughty, I scope. 202 TABLE 11. --SANITARY FACILITIES --Continued Sail Sun% Soil name and map symbol Septic tank absorption fields Sewage lagoon areas Trench sanitary landfill Area sanitary landfill Daily cover for landfill 12*: Ansari Rock outcrop. 13*: Atencio Azeltine 14*: Callings Yeljack 1S*, 16*: Charcol Mord 17*: Cochetopa Antrobus 18*, 19*: Cochetopa Antrobus 20 Coulterg Severe: depth to rock, slope. Severe: poor filter. Severe: poor filter. Severe: percs slowly, slope. Severe: percs slowly, slope. Severe: slope. Severe: percs slowly, slope. Severe: percs slowly. Severe: large stones. Severe: percs slowly, slope. Severe: slope, large stones. Severe: slope. See footnote at end of table. Severe: depth to rock, slope. Severe: seepage. Severe: seepage. Severe: slope. Severe: slope. Severe: seepage, slope. Severe: seepage, slope. Severe: slope. Severe: slope, large stones. Severe: slope. Severe: slope, large stones. Severe: slope. Severe: Severe: Poor: depth to rock, 1 depth to rock, 1 area reclaim, slope. 1 slope. 1 large stones, I slope. Severe: (Severe: (Poor: seepage, 1 seepage. 1 seepage, too sandy. 1 1 too sandy, small stones. Severe: (Severe: (Poor: seepage, 1 seepage. 1 seepage, too sandy. P E too sandy, I 1 small stones. Severe: (Severe: Poor: slope, 1 slope. 1 large stones, large stones. 1 1 slope. Severe: slope. Severe: slope. Poor: slope. Severe: Severe: Poor: slope, ' seepage, 1 small stones, large stones. 1 slope. 1 slope. Severe: (Severe: slope, 1 seepage, too clayey. { slope. Severe: too clayey. Severe: large stones. Severe: slope, too clayey. Moderate: slope. Moderate: slope. Severe: slope. Severe: (Severe: slope, 1 slope. large stones. Severe: slope. Poor: too clayey, hard to pack, small stones. Poor: too clayey, hard to pack, small stones. Poor: large stones. Poor: too clayey, hard to pack, small stones. Poor: large stones, slope. 'Severe: Poor: slope. I slope. 1 I Is en -Gypsum Area, Colorado TABLE 11. --SANITARY FACILITIES --Continued 207 Soil name and map symbol i 0 1 Moen 183 Monad 1 Morval 3[86 vol 9 vol Tridell 1 lirerson �ck Septic tank absorption fields Severe: depth to rock. outcrop. Severe: depth to rock, slope. Severe: percs slowly, slope. Moderate: percs slowly. 89 lissel 90 Mussel Mussel lidrob 1 1110gert Showalter See Severe: slope. Severe: slope. Severe: poor filter, slope. footnote at Severe: depth to rock, slope. Moderate: percs slowly. Moderate: percs slowly, slope. Severe: slope. Severe: wetness, poor filter. Severe: depth to rock, slope. Severe: percs slowly. end of table. Sewage lagoon I 'french areas 1 sanitary ' landfill 1Severe: I depth to rock, I slope. 1Severe: 1 depth to rock, I slope. 'Severe: seepage, I slope. 'Moderate: I seepage, I slope. (Severe: I slope. 1Severe: I slope. 1 !Severe: 1 seepage. I slope, 1 large stones. 1Severe: 1 depth to rock, I slope. [Moderate: I seepage, slope. 1Severe: I slope. !Severe: I slope. 1Severe: 1 seepage, I flooding. 1 wetness. !Severe: I seepage, 1 depth to rock, I slope. 1 [Severe: I slope, I large stones Area sanitary landfill { Daily cover for landfill 'Severe: I depth to rock. [Severe: 1 depth to rock, I slope. !Severe: 1 slope. !Moderate: I too clayey. [ !Severe: I slope- ! 1Severe: 1 slope. I Se.vere: I slope, I large stones. 1Severe: I depth to rock, 1 slope. 1 1 (slight !Severe: 1 depth to rock. {Severe: 1 depth to rock, I slope. !Severe:. 1 seepage, I slope. (Slight !Moderate:. I slope. 'Severe: 1 slope. !Severe: I seepage, I wetness, I too sandy. 1Severe: [ depth to rock, I seepage, I slope. 1Severe: I large stones. !Severe: I slope. 1 1Severe: 1 slope. 1Severe: I slope. 1Severe: 1 depth to 1 slope. !Slight !Moderate: I slope. !Severe: I slope. !Severe: I seepage, 1 wetness. (Severe: I depth to I seepage, I slope. 'Moderate: I slope. (Poor: I area reclaim. (Poor: I area reclaim, 1 slope. 1Poor: 1 slope. [Fair: I too clayey, I small stones. 'Poor: I slope. 1Poor: I slope. 'Poor: 1 slope. 1 1 1Poor: rack, I area reclaim. 1 hard to pack, I slope. [Good.. !Fair: I slope. 'Poor: I slope. [Poor: I seepage, 1 too sandy, small stones. 1Poor: rock, h depth to rock, I seepage, I small stones. 'Poor: I small stones. 212 Soil name and map symbol 11*: Anvik Skylick Sligting 12*: Arle Ansari Rock outcrop. 13*: 1.tencio TABLE 12. --CONSTRUCTION MATERIALS --Continued Roadfill Poor: slope. Azeltine Poor: slope. Poor: large stones. slope. 14*: Callings Yeljack 15*: Charcol Mord Poor: area reclaim, large stones, slope. Poor: area reclaim, slope. Good Sand improbable: excess fines. Good Gravel Improbable: excess fines. Improbable: lImprobable: excess fines. 1 excess fines. Improbable: excess fines, large stones. Improbable: excess fines, large stonez. Improbable: excess fines, large stones. Improbable: excess fines, large stones. Soil Survey Topsoil Poor: area reclaim, small'stones, slope. Poor: slope. Poor: large stones, area reclaim, slope. Poor: small stones, slope. Improbable: lImprobable: (Poor: excess fines. 1 excess fines. 1 area reclaim, small stones, I slope. Probable (Probable ( Probable 1Probable Poor: 11mprobable: slope. ( excess fines, p large stones. Poor: small stones, area reclaim. Poor: too sandy, small stones, area reclaim. Improbable: (Poor: excess fines, 1 area reclaim, large stones. 1 small stones, I slope. Poor: lImprobable: (Improbable: 1Pact: low strength, p excess fines. 1 excess fines. 1 slope. slope. 1 Fair: large stones, slope. Poo r: shrink -swell. See footnote at end of table. Improbable: excess fines. Improbable: excess fines. Improbable: Poor: excess fines. 1 small stones, I area reclaim, p slope. Improbable: (Poor: excess fines. 1 small stones, I area reclaim, slope. 1en-Gypsum Area, Colorado 1 219 TABLE 12. --CONSTRUCTION MATERIALS --Continued F Soil name and i Roadfill map symbol orval 6 IMorval 87': Morval- Tridell 88*: II Moyer on II Rock outcrop. 89 Mussel 190 Fair: slope, shrink -swell. Poor: slope. Mussel 191 Poor: slope. Poor: Mussel 92 1 Redrob 1 93 slope. Poor: area reclaim, low strength. slope. Bogert 94*: Showalter Morval Good 1 I Sand { Gravel Topsoil Improbable: Improbable: excess fines. excess fines. Improbable: Improbable: excess fines. excess fines. Good Fair: slope. 95'; Showalter Fair: wetness. Poor: depth to rock. slope. Fair: large stones. Fair: shrink -swell. Fair: large stones. slope. See footnote at end of table. Improbable: improbable: excess fines. excess fines. Improbable: Improbable: excess fines. excess fines. Improbable: excess fines. Improbable: excess fines. Improbable: excess fines. Improbable: excess fines. Probable Improbable: thin layer. Improbable: excess fines. Improbable: excess fines. Improbable: excess fines. Improbable: excess fines. Improbable: excess fines. Improbable: excess fines. Improbable: excess fines. Probable Poor: small stones, slope. Poor: small stones, slope. Poor: small stones, slope. Poor: small stones, slope. Improbable: thin layer. Improbable: excess fines. Improbable: excess fines. Improbable: excess fines. Poor: area reclaim, slope. Fair: small stones. Fair: small stones, slope. Poor: slope. Poor: small stones, area reclaim. Poor: depth to rock, small stones, slope. Poor: too clayey, small stones, area reclaim. Poor: small stones. Poor: too clayey, small stones, area reclaim. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 224 TABLE I3. --WATER MANAGEMENT --Continued Soil Survey Soil name and map symbol Limitations for -- Features affecting -- Pond reservoir areas I Embankments, ! dikes, and levees Drainage Irrigation 1 Terraces 1 and 1 diversions 13*: Atencio Azeltine 14e: Callings Yeljack 15', 16*: Charcot Mord 17*, 18*, 19*: Cochetopa Antrobus 20 Coulterg 21*, 22*: Curecanti Fughes 23, 29 Cushool 25': Cushool Rentsac Severe: seepage. 1 'Severe: I seepage. Severe: (Severe: seepage. I seepage. Severe: !Moderate: slope. I large stones. Severe: 'Moderate: slope. I piping. Severe: 'Severe: slope. I large stones. Severe: (Moderate: slope. I hard to pack. Severe: (Moderate: slope. I hard to pack, I large stones. Severe: (Severe: slope. I piping, I large stones. Severe: (Severe: slope. I piping. Severe: (Severe: seepage, I seepage, slope. I large stones. Severe: ISlight slope. Severe: 'Severe: seepage, I piping. slope. Severe: 'Severe: seepage, I piping. slope. Severe: 'Severe: depth to rock,1 seepage, scope. I large stones. ( See footnote at end of table. Deep to water Deep to water Droughty, soil blowing, slope. Slope, droughty, rooting depth. Deep to water Large stones, droughty, percs slowly. Deep to water (Slope, I erodes easily. Deep to water Large stones. { droughty, I slope. Deep to water IPeres slowly, I slope. Deep to water IPeres slowly, I slope. Deep to water (Large stones, droughty, slope. Deep to water (Slope Deep to water (Large stones, I droughty, I slope. Deep to water 'Slope, I percs slowly.. Deep to water (Droughty, I soil blowing, I depth to rock. Deep to water 'Droughty, I depth to rock. Deep to water (Slope, large stones, droughty. Large stones, too sandy. Large stones. too sandy. Slope, large stones. Slope, erodes easily. Slope, large stones. Slope, percs slowly. Slope, large stones, percs slowly. Slope, large stones. Slope Slope, large stones, too sandy. Slope, percs slowly. Slope, depth to rock, soil blowing. Slope, depth to rock. Slope, large stones, depth to rock. Grassed waterways Large stones, droughty. Too arid, large stones. Large stones, slope, droughty. Slope, erodes easily. Large stones, slope, droughty. Slope, percs slowly. Large stones, slope, percs slowly. Large stones, slope, droughty. Slope. Large stones, slope, droughty. Slope, percs slowly. Slope, droughty, depth to rock. Slope, droughty,. depth to rock. Too arid, large stones, slope. 1 228 1 1 Soil name and map symbol rni Pond reservoir areas TABLE 13. --WATER MANAGEMENT --Continued tions or 1 Embankments, 1 I dikes, and I 1 levees 1 87*: Morval ITridell II 88*: Moyerson 1 1 1 1 1 1 1 1 1 1 1 1 Rock outcrop. 89 Mussel 90, 91 Mussel 92 Redrob 93 Rogert 94*, 95*: Showalter Morval 96 Southace 97, 98, 99 Southace 100*: Starley Starman 101*: Tanna Pinelli Fea Drainage 1 Irrigation 1 es affect in I Terraces and diversions Severe: 'Moderate: (Deep to water slope. I piping. 1 I I Severe: lSevere: IDeep to water seepage, 1 large stones. I slope. 1 I 1 1 I 1 Severe: lSevere: 'Deep to water depth to rock,] thin layer. 1 slope. I I I 1 I 1 1 I Moderate: !Severe. !Deep to water seepage, 1 piping. I slope. I 1 I I. Severe: 'Severe. 'Deep to water slope. 1 piping. I I 1 Severe: 'Severe: ILarge stones, seepage. I seepage, 1 slope, I wetness. I cutbanks cave. 1 I Severe: 'Severe: (Deep t� water depth to rock.] seepage, I slope. I large stones. I I I I I Severe: lSevere: 'Deep to water slope. I large stones. I I I I Severe: (Moderate: 'Deep to water slope. 1 piping. I 1 I Severe: 'Severe: 'Deep to water seepage. I seepage, I I large stones. I I 1 Severe: 'Severe: (Deep to water seepage, I seepage, 1 slope. I large stones. I I I I Severe: lSevere: 'Deep to water depth to rock,] thin layer. 1 slope. ' 1 1 Severe: 'Severe:, ]Deep to water depth to rock,] thin layer. I slope. 1 I I I I 1 Moderate: 'Severe: (Deep to water depth to rock,] thin layer. 1 slope. I I 1 1 Moderate: 'Severe. 'Deep to water slope. I piping. I 1 1 Slope, erodes easily. Large stones, droughty, slope. See footnote at end of table. Peres slowly, depth to rock. Slope Slope Wetness, slope. Slope, erodes easLly. Large stones, droughty, depth to rock. Slope, large stones, droughty. Slope, large stones. Slope, depth to rock. Slope, erodes easily. Slope, large stones, droughty. Slope, large stones, droughty. Erodes easily Soil Survey Grassed waterways Slope, erodes easily. Too arid, large stones, slope. Slope, depth to rock. Erodes easily. Slope, ISiope, erodes easily.I erodes easily. Large stones, 1Favorabie. wetness, too sandy. 1 Slope, 'Large stones, large stones, 1 slope, depth to rock.] droughty. 1 Slope, ILarge stones, large stones. I slope, 1 droughty. Slope, ISiope, erodes easily.' erodes easily. 1 IToo arid, 1 Large stones. IToo arid, I large stones. I slope. 1Slope, to rock.] droughty, I depth to rock. ISiope, to rock.] droughty, 1 depth to rock. IDepth to rock, IToo arid, slowly, I erodes easily.] erodes easily. to rock.] 1 'Erodes easily Large stones, soil blowing. Slope, large stones, soil blowing. Slope, 1Slope, droughty, 1 depth depth to rock.] Slope, droughty, depth to rock Slope, percs depth Slope Slope, 1 depth 'Tao arid, I erodes easily. 232 TABLE 14. --ENGINEERING INDEX PROPERTIES --Continued 1 Soil name and IDepthl USDA texture map symbol 1 I Classification IFrag- 1 Percentage passing 1 j Iments 1 sieve number -- Unified 1 AASHTO 1> 3 1 I ! linches1 4 1 10 lLiquid 1 P1as- 1 l limit 1 ticity 40 ! 200 f 1 index 10*, 11*: Skylick Sligting 12*: Ar le Ansari Rock outcrop. 13*: Atencio- Azeltine In 0-311Loam 31-481C1ay loam, loam 48-60IGravelly sandy 1 clay loam. 0-241Very stony loam 24-601Extremely cobbly 1 clay loam, very cobbly clay, very stony clay. 0-10 10-30 30 0-8 8-14 14 0-10 10-24 24-30 30-60 0-9 9-16 16-60 Very stony loam Very stony loam, very stony sandy loam. Weathered bedrock Loam Loam, stony loam Unweathered bedrock. Sandy loam Gravelly sandy clay loam, sandy clay loam, gravelly sandy loam. Gravelly sandy clay loam, gravelly sandy loam. Extremely cobbly sand, very gravelly sand. Gravelly sandy loam. Gravelly sandy loam, gravelly Loam. Extremely gravelly sand. See footnote at end of table. CL -ML A-4 CL A-6 CL, SC A-6, A-2 CL -ML A-4 CL, SC A-6, A-7 SM, GM, ML GM, SM CL -ML, SM -SC CL -ML, SM -SC SM SC SM -5C, GM -GC SP, GP, SP -SM, GP -GM SM, SM -SC. GM, GM -GC GM -GC, SM -SC, GC, SC GP A-4 A-2, A-1 A-4 A-9 A-2 A-2, A-6 A-2 A-1 A-2, A-4 A-2, A-4, A-6 A-1 Pct 1 0 0 0 20-40 30-65 25-40 30-60 5-10 5-30 0-5 0-5 5-10 20-60 0-5 0-5 15-30 90-100 90-100 65-85 75-85 70-80 60-85 40-70 75-100 75-95 75-100 65-90 50-80 40-60 60-85 60-85 25-40 85-100 85-100 55-75 70-80 50-75 55-80 40-70 75-90 75-90 75-100 50-90 50-75 35-55 50-75 50-75 20-35 Pct 1 70-90 155-75 20-30 5-10 75-90 160-80- 25-35 10-15 40-65 !30-55 25-35 10-15 60-70 50-60 25-35 5-10 45-70 40-60 35-50 15-25 45-70 35-55 70-80 70-80 50-65 35-65 40-65 35-55 20-45 45-65 45-65 20-30 25-45 15-30 10-35 1 0-10 40-65 25-40 40-65 125-50 10-20 1 0-5 25-35 20-35 20-30 20-30 15-20 20-30 15-25 20-30 25-35 NP -10 HP -10 5-10 5-10 NP -5 10-15 5-10 NP NP -10 5-15 HP 240 TABLE 14. --ENGINEERING INDEX PROPERTIES --Continued Soil Survey I I Classification IFrag- I Percentage passing 1 1 Soil name and IDepthl USDA texture 1 1 Iments 1 sieve number-- !Liquid 1 ?las- map symbol I 1 1 Unified 1 AASHTC 1> 3 1 1 1 1 limit 1 ticity 1 1 1 l !inches! 4 10 1 40 1 200 1 1 index 87*: Tridell 88*: Moyerson Rack outcrop. 89. 90, 91 Mussel 92 Redrob 93 Rogert I In 1 0-2 2-37 37-60 0-5 5-16 16 0-8 8-42 42-60 0-14 14-20 20-60 0-6 6-17 17 Stony sandy loam Very cobbly loam, extremely gravelly sandy loam, very stony fine sandy loam. Very gravelly sand, very stony loamy sand, extremely cobbly sand. Silty clay loam Silty clay, clay, clay loam. Unweathered bedrock. Loam Loam, sandy clay loam. Stratified gravelly silt loam to loamy sand. Loam Stratified stony loam to loamy sand. Very gravelly sand, very cobbly sand, extremely cobbly loamy sand. Very stony sandy loam. Very gravelly sandy loam, very cobbly sandy loam, extremely gravelly sandy Loam. Unweathered bedrock. See footnote at end of table. CL -ML, SM -SC GM, GM -GC GP CL, CH CI,, CH CL -ML, ML CL -ML, ML SM, ML, GM A-4, A-2 A-1, A-2 A-1 A-7 A-7 A-4 A-4 A-4 CL -ML A-4 SM -SC, A-4 CL -ML GM, SM, A-1 GP -GM, SP -SM GP -GM, GM, SP -SM, SM GM, GP -GM A-1, A-2 A-1 Pct 1 20-30 35-50 30-45 0-5 0-15 0 0 0 75-95 45-55 35-45 95-100 95-100 80-100 90-100 70-100 70-90 40-50 30-40 95-100 95-100 75-100 90-100 65-100 1 1 1 Pct 1 60-80 30-40 20-30 85-95 85-95 65-95 75-95 55-95 30-60 15-30 0-5 80-90 80-90 60-85 55-75 40-75 0 95-100 95-100 65-95 60-75 0-15 95-100 90-95 65-85 35-60 20-50 40-65 30-60 20-35 5-15 30-45 15-70 15-70 10-50 5-30 10-50 20-50 20-50 15-35 5-20 20-30 15-30 45-65 45-65 25-35 25-35 15-20 20-25 20-25 20-30 5-10 NP -10 NP 20-35 20-35 5-10 5-10 NP -5 5-10 5-10 NP NP -5 NP 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 246 Soil Survey TABLE 15. --PHYSICAL AND CHEMICAL PROPERTIES OF THE SOILS (The symbol < means less than; > means more than. Entries under "Erosion factors --T" apply to the entire profile. Entries under "Wind erodibility group" and "Organic matter" apply only to the surface layer. Absence of an entry indicates that data were not available or were not estimated} I { 1 1 1 1 1 1 ErosionIWind 1 Soil name and IDepthlClay l Moist I Permea- 'Available! Soil 'Salinity! Shrink- factorslerodi-(Organic map symbol 1 1 1 bulk 1 bility 1 water 'reaction' 1 swell 1 Ibilityl matter 1 1 ' density 1 !capacity 1 !potential K 1 T (group 1, 2 3 Acree Acree 4, 5 Acree 6, 7 Almy 8*, 9*: Ansel Anvik 10*, 11*: Anvik I In Skylick Sligting 12*: Arle 1 0-5 15-10 110-60 1 I 0-10 110-27 127-60 Ansari Rock outcrop. 13*: Atencio 0-10 10-27 27-60 0-8 8-26 26-60 0-23 23-48 48-60 0-12 12-18 18-42 42-60 0-12 12-18 18-42 42-60 Pct ! g/cc 1 In/hr 8-1711.40-1.501 2.0-6.0 20-3511.35-1.401 0.2-0.6 35-4511.35-1.4510.06-0.2 I I 15-2711.35-1.401 0.6-2.0 35-5011.35-1.4510.06-0.2 30-4511.35-1.4510.06-0.2 I I 15-2711.35-1.401 0.6-2.0 35-5011.35-1.4510.06-0.2 30-4511.35-1.4510.06-0.2 I I 20-2511.15-1.25 20-3511.25-1.40 10-2011.35-1.50 15-2511.35-1.45 28-3511.40-1.50 28-3511.40-1.45 1 15-2511.25-1.30 10-2511.40-1.50 20-3511.25-1.40 20-3511.25-1.40 15-2511.25-1.30 10-25 20-35 20-35 0-31;10-25 31-48120-35 48-60120-35 0-24120-27 24-60135-45 0-10115-25 10-30110-25 30 1 --- 1 0-8 118-25 8-14116-20 14 1 --- I 0-10110-20 10-24118-35 24-30115-25 30-601 0-2 1 I 1.40-1.50 1.25-1.40 1.25-1.40 1.25-1.35 1.20-1.30 1.25-1.35 1.35-1.40 1.15-1.20 1.35-1.45 1.40-1.50 1.35-1.45 1.35-1.45 1.45-1.55 1.40-1.50 1.40-1.55 1.60-1.70 See footnote at end of table. 0.6-2.0 0.6-2.0 2.0-6.0 0.6-2.0 0.2-0.6 0.2-0.6 2.0-6.0 0.6-2.0 0.6-2.0 0.6-2.0 2.0-6.0 0.6-2.0 0.6-2.0 0.6-2.0 0.6-2.0 0.2-0.6 0.2-0.6 0.6-2.0 0.06-0.2 0.6-2.0 0.6-2.0 0.6-2.0 0.6-2.0 2.0-6.0 0.6-2.0 2.0-6.0 6.0-20 In/in I pH 0.10-0.1416.6-7.3 0.13-0.16[6.6-7.3 0.13-0.1617.9-8.4 1 0.17-0.2116.6-7.8 0.13-0.1616.6-7.8 0.13-0.1617.9-8.4 1 0.17-0.2116.6-7.8 0.13-0.1616.6-7.8 0.13-0.1617.9-8.4 1 0.17-0.1917.4-8.4 0.19-0.2117.4-9.0 0.13-0.151 >7.8 1 1 0.14-0.1616.1-7.3 0.12-0.1616.1-7.3 0.17-0.2016.1-7.3 1 0.16-0.1816.1-7.3 0.14-0.1716.1-7.3 0.18-0.2016.1-7.3 0.12-0.1516.1-7.8 1 0.16-0.1816.1-7.3 0.14-0.1716.1-7.3 0.19-0.2016.1-7.3 0.12-0.15 6.1-7.8 0.14-0.16 0.17-0.20 0.10-0.12 0.09-0.12 0.07-0.11 0.07-0.09 0.06-0.09 0.12-0..14 0.08-0.12 0.12-0.14 0.11-0.13 0.07-0.09 0.03-0.05 6.1-7.3 6.1-7.3 6.1-7.3 6.6-7.3 5.6-6.5 7.4-8.4 7.9-8.4 7.9-8.4 7.9-8.4 7.4-7.8 7.4-7.8 7.9-8.4 7.9-8.4 mmhos/cml 1 1 Pct 1 <2 'Law 0.32 5 3 4-8 <2 'Moderate 0.28 <2 'High 0.28 1 <2 'Low 0.28 5 5 2-4 <2 1High 0.28 <2 !Moderate 0.28 1 <2 'Low 0.28 5 5 2-4 <2 'High 0.28 <2 'Moderate 0.28 c4 'Law 0.32 5 4 1-3 <8 [Moderate 0.37 <8 [Low0.37 1 1 <2 'Low 0.37 4 5 <1 <2 [Moderate 0.24 <2 'Moderate 0.37 1 <2 'Low 0.28 5 5 2-4 <2 'Low 0.28 <2 Moderate 0.28 <2 Moderate 0.29 <2 Low 0.28 5 5 2-4 <2 Low0.28 <2 Moderate 0.28 <2 Moderate 0.28 <2 Low 0.17 5 5 2-5 <2 Moderate 0.32 <2 Moderate 0.28 <2 Low 0.10 3 8 4-6 <2 Moderate 0.10 <2 Low 0.10 2 8 2-4 <2 Low 0.10 <2 Low 0.24 1 4 2-4 <2 Low 0.15 <2 <2 <2 <2 Lo w Moderate Low Low 0.17 0.20 0.15 0.10 3 3 2-4 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 250 TABLE 15. --PHYSICAL AND CHEMICAL PROPERTIES OF THE SOILS --Continued Soil Survey I I I Soil name and IDepthIClay 1 map symbol 1 Moist bulk density 69 Kilgore In 1 0-4 1 4-25 125-29 129-60 1 Pct 70, 71, 72, 73---1 0-3 Kobar 1 3-35 135-60 1 74 I 0-32 Leavittville 132-50 1 50 1 75 1 0-19 Millerlake 119-44 144-60 1 76, 77 I 0-4 Mine 1 4-37 137-60 78 I 0-3 Miracle 13-18 118-37 1 37 79, 80, 81 1 0-4 Moen 1 4-22 1 22 1 82, 83 1 0-2 Monad 1 2-37 137-60 1 84, 85, 86 I 0-7 Morval 1 7-23 123-60 1 87*: Morval 1 0-7 1 7-23 123-60 Tridell 1 0-2 1 2-37 137-60 1 88*: 1 Moyerson--------1 0-5 1 5-16 1 16 Rock outcrop. 1 1 89, 90, 91 1 0-8 Mussel 1 8-42 142-60 92 1 0-14 Redrob 114-20 120-60 24-27 18-35 12-16 2-8 35-40 35-45 35-45 15-25 20-35 15-27 20-35 18-27 15-25 5-18 5-18 15-25 18-35 10-25 10-15 20-35 10-20 22-35 27-35 15-27 25-35 25-35 15-27 25-35 25-35 10-15 5-15 0-5 40-50 35-50 18-27 18-30 10-25 18-27 18-27 2-8 g/ cc 1.15-1.20 1.15-1.25 1.50-1.55 1.60-1.70 1.15-1.30 1.15-1.30 1.15-1.30 1.30-1.35 1.35-1.40 1.25-1.35 1.25-1.35 1.25-1.35 1.30-1.40 1.55-1.65 1.55-1.65 1.30-1.40 1.40-1.45 1.50-1.55 1.30-1.40 1.35-1.45 1.15-1.35 1.40-1.60 1.40-1.60 1.30-1.40 1.40-1.50 1.40-1.50 1.30-1.40 1.40-1.50 1.40-1.50 1.25-1.35 1.35-1.55 1.35-1.55 1.25-1.30 1.25-1.30 1.10-1.30 1.40-1.60 1.35-1.60 1.25-1.30 1.35-1.40 1.55-1.65 See footnote at end of table. Permea- bility In/hr 0.2-0.6 0.2-0.6 2.0-6.0 >20.0 0.2-0.6 0.06-0.2 0.06-0.2 0.6-2.0 0.6-2.0 0.6-2.0 0.2-0.6 0.6-2.0 0.6-2.0 6.0-20 >6.0 0.6-2.0 0.6-2.0 2.0-6.0 0..6-2.0 0.2-0.6 2.0-6.0 0.2-0.6 0.2-0.6 0.6-2.0 0.6-2.0 0.6-2.0 0.6-2.0 0.6-2.0 0.6-2.0 0.6-2.0 2.0-6.0 6.0-20 0.06-0.2 0.06-0.2 0.6-2.0 0.6-2.0 0.6-2.0 0.6-2.0 2.0-6.0 >20 1 IAvailablel Soil 1 water (reaction! !capacity 1 1 In/in p pH 1 10.15-0.2016.1-7.8 10.17-0.2116.1-1.8 10.06-0.0816.1-7.8 10.03-0.0516.1-7.8 1 10.17-0.2117.4-8.4 10.15-0.1917.4-8.4 10.15-0.1917.9-8.4 I I 0.16-0.1916.6-8.4 0.12-0.1517.9-8.4 1 (Salinity! Shrink - 1 swell 1potentia mmhos/cml 1 0.16-0.1816.6-7.8 0.19-0.2116.6-8.4 0.10-0.1217.9-8.4 1 0.14-0.1815.1-6.5 0,06-0.0915.1-6.5 0.03-0.0715.1-6.5 0.14-0.1616.6-7.8 0.14-0.1616.6-7.8 0.10-0.1317.4-8.4 1 0.15-0.1816.1-7.8 0.18-0.2016.6-7.8 1 0.11-0.1315.6-7.3 0.14-0.1715.6-7.3 0.11-0.1316.6-7.8 0.14-0.1717.4-8.4 0.14-0.2117.4-8.4 0.08-0.1817.4-8.4 0/34-0.1717.4-8.4 0.14-0.2117.4-8.4 0.08-0.1817.4-8.4 1 0.11-0.1317.4-8.4 0.06-0.1017.9-9.0 0.06-0.101 >8.4 1 1 0.14-0.1717.4-9.0 0.14-0.1711.4-9.0 0.16-0.1817.9-8.4 0.16-0.1817.9-8.4 0.12-0.1417.9-8.4 1 0.17-0.2017.4-8.4 0.12-0.1517.4-8.4 0.03-0.0516.6-7.8 <2 <2 <2 <2 <2 <2 <2 <2 <2 <2 <2 <2 <2 <2 <2 <2 <2 <2 Moderate Moderate Low Low I ErosionIWind I 1 factorslerodi-!organic 1 1 Ibilityl matter 1 K 1 T (group 1 Moderate High High Low Low Low Moderate Low Low Low Low Low Low <2 Low <2 Moderate <2 <2 <2 <2 <4 <4 <2 <4 <4 <2 <2 <2 2-4 2-4 Low Moderate Moderate Moderate Moderate Low Moderate Moderate Low Low Low High High <2 Low <2 Low <4 Low <2 Low <2 Low <2 Low 0.28 0.28 0.05 0.02 0.37 0.37 0.37 0.24 0.24 0.24 0.32 0.10 0.24 0.10 0.05 0.24 0.28 0.28 0.20 0.24 0.24 0.37 0.20 0.37 0.37 0.28 0.37 0.37 0.28 0.15 0.10 0.02 0.28 0.28 0.32 0.37 0.24 0.32 0.32 0.10 3 1 7 5 1 7 5 5 5 5 2 5 5 5 3 2 5 5 4 5 5 6 5 4 4 8 4 41. 5 1 Pct 6-10 <1 2-4 2-5 1-2 2-3 2-4 2-4 1-2 1-2 1-4 1-2 1-4 2-4 1plpSLJm Area, Colorado 1 1 1 W I .6▪ .1 N W .G-4 0 0 'r3 0 C A F.Y L C W N .•-I >. 4 1W. C ▪ ro 4 R C 0 111 rt 4. 0 0 n C W 0E. W C A a.0 u W 0E J N 4 W A A E 3 c M1 1 1 1 1 1 .❑ •. o= Cv A A W u ▪ 441 E O 0 -. . 1 t1 .7 0 .-Wi Ai 0 C 0 --1 11 0 4 4 0 0 0 P▪ G 0 0 0 N al °b (4 W W .J u W A 4 4 v 3 u a X a 3 3 3 3 °3 . 0 z 4 0 . Moderate. erste. 3 3b 3 a a .-3• 0 ▪ 4• ❑ 4 °a •0 1 1 4y.. 1 1 1 4.1 61 1 4 ❑ 44-1 .0 L JC O N i1' 1T 03 O --1 •.i _1 = = = High water table 41 W W W u .1 ..1 .1 4.4 ro A A A ro 1. 4 4 4 40 413 411 0 W ❑ 0 0 0 0 5 '.E 5 X X {1 I 1 111 W 41 it I I .' •4 .1 � 1 1 00 03 4.. 34441A. 14 443 I I 1 1 W W W y1 tr' C' Q' 0' '0 0 O 0 X x w X. x ▪ X X X X I I I } 1 1 I I d ad L 4-1 A 1A.3 4-4 41 0 0 X 3 0 0 0 a a4-3 ❑ - s x 1 W b 4 W 0 1 W '▪ 6 4 W '0 ❑ a 0 a a 1 I 4+ W 443 4.4 • '0 L 1. W 91 O 0 E i 3 0 -a W A 4s W '0 ❑ NI 1 4 0 4 W 1 ❑ A A C Y 1 fA = 04 0 0 u F 4.4 O. W 04 .0 ..1 c 0 O O 0 0 O O 0 0 O e N 46 46 'D 'D ID 'P '4) O 01 A A A A A M1 N '-I O C] ..6 '6 A A C1 0 4.0 It" A A o o 'D ..D A A O ID W 40 A A 0 G W 0 CY W G4. 4 O 9 9 D 'a 40 4-6 A A A • a a 40 W A A C5 p Q a 18 t6 'D \0 A A A A G G C W G 0 z I Y C411 0 Z. z C C 0 0 1.... 0' 0 V U U L0 CA 03 R1 [i1 U U a x' 1 Cr G 0 Z 0 41 0 0 0 0 Z 5 C C o z 611 W U m132U N 'n s .. 01 W 1.1 • A. 114 • I"- EE W .4 .4 ▪ i.4 10 W 03 0 . 4 V' 444 0' -44 4-1 N W R 4 4 Rock outcrop_ Y1 O 0 0' .., 0 O d -"1 C-4 W 0 ...-1 it 4.1 N .[ 40 ri 4 4 #" U .1 .. A W 34. 253 256 TABLE 15. --SOIL AND WATER FEATURES --Continued o a 3 01 3 3 6 0 0 a s .4 a Moderate Moderate. 3 0 .x a Moderate. 0 4} ro 4 a 3 3 '0 4.00 0 a a 3 0 0 .3 a a a Soil Survey 4u A 4 ku 0 0 E I I I I 1 1 I 1 4 I 1 1 I I 0' 0' a4 z x 1 0 v a I 1 1 1 1 1 1 1 11 0 1 1 1 I I I 1 1-1. L 1 1 1 1 4 I 1 A •0 1 1 1 1 1 I 1 4a 4 1 i 1 1 1 X b - 0' 04 w 0' 04 0' 0 0 .•..1 • -^1 = X E G: x x s x = Moderate p' z 4 x. 3 0 0 a .a 1 4 4 4 1 4 I 1 1 1 1 4 1 1 1 1 1 1 1 1 I 0 0 0 V 14 0 0 }4 aJ 11 ...4 4 1.1 4.1 A A 41 A A A A 4 L '4 4 14 4 14 -0 V '0 'C -0 -0 -0 Z 0 X 0 0 0 E ,a '0 -a 41.1 4 44 O b 4 N x x 3 ❑ o o ..a .] M1 G1 A 4v A 0 a E 4.4 4 4 -0 w 1 1 u 0 4 1 b y Q 6 0 0 6 6 0 '0 0 Q C' v' co. Q 0 0 N 0 0 ('4 0 417 40 1 '4C 40 I I 40 '0 'i0 '0 1 40 '0 M1 4.0 A A 0 A A 0 0 A A A A 0 A A O A v N 414 14 "4 High water table n x 44 z 74 U 14 d A 17 lJ G 14 4 1 1 1 A R I 4 0. 4 I I a U 14 G3 C *'f at 0 Cr 4 A a a • 1J 4.1 O C] C] O O I0 Q 04 0 Q 0. 111 1 O A A lbl A A A A A A A A A A • A A n yl C O 3: Duration 0. 11 [h 9r 44 4 .0 1 I I f Li I I 4 4, Occasional 0 0 0 0 0 0 0 0 0 0 0 0 z z x x z z I 0 0. 144 04 O 00 0 o CV CO 0 0 4011 3: b 0 4 94-1 4+ X •0 4 0 E 4. E >, C n - pq. 0 E 444 r'1 I-. 4u .a -a a 4v +1 .4 r 9 A L 11 .a 4 1.4 4 ❑ .-4 4 +1 11 r" A 9 •^a .4 A 4G 4•a -4 . O 401 -1 4p r r- r - 1r C 417 X. r m m 14 v o a O z a z x C 03 C] co U A U m 17 0 O 441 "0 A m C CO A 4 44 0 EA 3: 0+3; 413 r- 4-- - op A •• 4 a 0 m Rock outcrop. ra a. d a 1.1 * .a A .1 4/7 .a C] 11 O 4 a4 A a+ n 4 44 3 0 'O 04 • ❑ to S r‘)a r+1 : .a. N co 04 0'. an See footnote TITLE POLICY FROM :HERBERT S VL.E I N Property Address: VACANT LAND 1. Effeetiee Date: 970 728 3059 Chiraso Title Insurance Company ALTA COMMITMENT 1999.09-21 13:1E 13E54 P.02/12 Chir Order No. GW224411-3 5ctxtdole A Cast. Ref.: M Y 25. 1999 at 5:00 P.M. Z, Policy to be Issued, tied Proposed Imcor+d; "ALTA' Owner's Policy 10-17-92 $3,750 ,000,00 Proposed Insured: A$P N EQUESTRIAN ESTATES. I.LC LOMIX) UNITEDJIMaLlIT COMPANY "ALTA" Loan Policy 10-17-92 Proposed Insured: ALPINE RANK, ITS SUCCESSO AND/OR ASSIGNS TA" Lean Fraposod Losured: HETRy TRETTIN ANDMNA TRE`i 11N a000,000.O9 a,000,000.00 3. The estate or inters is the land de,c4bfd or referred to In this Commitment and coveted here -in is. A Fee Sisriple 4- Title to the estate or interest covered heron b at the efTecti'c date berm( rested in: HENRY TRETTIN AND LANA TF.TTIN 5- The land referred to g thi$ Commitment !s described as mol uws; SEE ATTACHED PAGES) FOR LEGAL DESCPIPTION PROM :HERBERT S KLEIN 970 725' 3OSS LEGAL DESCRIPTION 1999. 0S-21 13:16 1554 P.03/12 Our Order No. OW224611-3 PARCEL A: A PARCEL OF LAND SULTRIER IN A PORTION OF LOTS 3, 4, 6, 17, 18. AND 19 OF SECTION 31 TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF OARFELD, 'STATE OF COLORADO, SAID PARCEL. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS COMMENCING AT THE WITNESS CORNER TO THE NORTHEAST CORNER OF SAID SECTION Si, A STONE 1N PLACE, THENCE 560 DEGREES 01' 05' W 2350.39 FEET TO THE SOUTHEAST OF-WAY CORNER OP RECEPTION NO. 279416, ALSO BEU A POINT ON THE WEST I OF COUNTY ROAD NO. 100, A REBAR ANE) CAP L.5. NO. 10732 IN PLACE,YTHETRUE R.RIGH0 POINT OF BEGINNING THENCE S 00 DEGREES 11' 29' W ALONG SAID W ESTERL827.14 FEET TO A REBAR AND CAP LS_ NO. 10732 IN PLACE; THENCE CONTINUING ALONG SAID WESTERLY RIGHT-OF-WAY S 03 DEGREES 56' 29' W 117.74 FEEL' TO A REBAR T-OE_WAY D CAP L.S. NO.1.0732 US PLACE; THENCE CONTINUING ALONG slab 5 11 DEGREES 3T 27' W 299.44 FEET; THENCE LEAVING SAID WESTERLY RIGHT-OF-WAY N 72 DEGREES 41' 32' W ALONG A LINE BEING NORTHERLY OF BLUE CREEK 136.34 FEET; THENCE CONTINUING ALONG A LINE BEING NORTHERLY OF BLUE CREEK N 77 DEGREES 44' 52' w 317.09 FEET; THENCE CONTINUING ALONG A LINE BEING NORTHERLY OF BLUE CREEK. N 62 DEGREES 48' 46' W 375.98 FEET; THENCE CONTINUING ALONG A LINE BEING NORTHERLY OF BLUE CP EK N 41 DEGREES 30' 29' W 89.74 FEET; THENCE CONTINUING ALONG A LINE TEEING NOR'T'HERLY OF BLUE CREEK N 81 DEGREES 01' 17" W. 285.92 PEEL THENCE N 13 DEGREES I2' 20" E 120.00 FEET TO A POINT IN AN EXISTING PENCE; THENCE N 76 DEGRE15 47' 40' W ALONG SAID EXISTING FENCE 1038.73 FEET TO POINT ON THE EASTERLY LINE OF PARCEL "S' OF RECEVA ION NO. 375658 (FROM WHENCE REBAR AND CAP L_S. NO. 10732 BEARS 500 DEGRRES 00' 18' W 263.20 FEET): THENCE N 00 DEGREES 00' 18" E ALONG SAID EASTERLY LINE 1013.61 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY OF COLORADO STATE HIGHWAY NO, 82 AS EVIDENCED BY EXISTING RIGHT -OF -NAY MONUMENTS AND THE EXISTING CENTMINE (WHENCE A REEAE AND CAP L.S. NO. 3317 BEARS 5'00 DEGREES 00' 18" W 3.99 FEET); THENCE S 79 DEGREBS 56' 55" E ALONG SAID SONY RIGHT-OF-WAY 1982.77 FEET; THENCE 510 DEGREES 30' 58' W ALONG THE EASTERLY LINE OF spat) RECEPTION NO- 279416 133,47 FEET TO A REBAR AND CAP L.S. NO- 10732 IN PLACE; THENCE 579 DEGREES 44' 32" E ALONG THE SOUTHERLY LINE OF SAID RECEPTION NO. 279416 247-29 PELT TO THE TRUE POINT OF BEGINNING. COUNTY OF GARFIELD STATE OF COLORADO 'PARCEL B: A 20 FOOT SANITARY SEWED EASEMENT OVER, UNDER, AND ACROSS THE SOUTHWESTERLY AND WESTERLY 20 FEET OF LOT 12, AMENDED PLAT OF Io"3'S 11 AND 12 RANCH AT ROARING FORK, PHASE V, GARFIELD COUNTY, COLORADO. AS MEASURED AT RIGHT ANGLE TO THE SOUTHWESTERLY AND WESTERLY BOUNDARIES OP SAID LOT ACCORDING TO THE RECORDED SUBDIVISION PLAT THEREOF. THE EASEMENT CENTERLINE IS DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEASTERLY CORNER OF LOT 12, AMENDED PLAT OP LOTS 1 I AND 12 RANCH AT ROARING FORK, PHASE V: THENCE NORTH 00 DEGREES 07' 35" EAST ALONG OE GINNING; THENCE WFC Pte- TO ANIS 10 FEET AT RIGHT ANGLE TO THE FROM :HERBERT 8 KLE I fJ 970 728 3069 LEGAL DESCRIPTION 1999.09-21 13:17 I€S4 P.04/12 slur Orcks Nu. GW22 11-3 CE OF 94.33 FEET; THENCE NORTH 18 39' 41' WEST BOUNDARY T LOT 12 A AND 0 FEET ATS H,1 NG TO T 'WESTERLYOUNDAR OF 39' 41 " WET PIIAALLEI' LOT 12 A DISTANCE OF 145.87 FEET MORE OR LESS TO THE CURVED NORTHERLY BOUNDAR OF LOT 12, THE CENi'ER 1NE TERMINUS. COUNTY OF GARFIELD STATE OF COLORADO FROM :HERBERT S VLEIN 970 728 30E8 1999.@9-21 13:17 tlgS4 P.0S/12 AHA COMMITMENT Schedule B - Section 1 (iiegulre:Incsiis) Our Order No. GWZ24611.3 The following are the requirements to be implied with: Item (a) Payment w or for the accoRmt of the grantors or mortgagors of the fill consideration for the estate or inter to be insured. Iteral (b) Proper instrument(s) creating tbe estate or intim to be insured ,must be executed and duly filed for record, t4-wtt: Item (c) Payment of all razes, charges of assessments levied and assessed atiti aiast tbe subject premises which are clue and payable. Item (d) Additional requirements, if any disclosed below: L RELEASE TR OF 1N 10D THE PUBLIC TRUSTEE UST DATED OfGARFIELD WUN'FY F01 TAE USE OFBER 14, 199s, FROM HENRY -FREI 1IN LANA TixETTIN TQ'i'7-IE Al-PLNE RAND TO SECURE THE SUM OFi 0, REEC708R3 ED DECEMBER Z3. i , IN BOOK 1105 AT PAGE 938, UNDER 2. AELRASE OF DFS OF TRUST DATED NOVEMBER 01, 1989, FROM HENRY T'RE17TN AND LANA TRETTIN TO THE PUBLIC TRUSTEE Of 4LD OUB (� R�CCONTY POP. � ESE OF NOVEMBER ALPINE BANK, CARBONDALE TO SECURE.THE SUM 14, 1989, IN BOOK 707 AT PAGE 93, UNDER RECEPTION NO. 407430. Y NA 3. RELEASE TO D OP L C TIWSTEE F GARF'IELD COUNTY FOR THE USE OF KENNETH �j�i THE P138 CH 12, 1991, TN BOOK RoDENBus' TO SECURE THE SUM OF 579,147.90 RECORDED 800 AT PAGE 245. LEER RECEPTION NO. 421806. SUBORDINATION AGREE IN CONNECTION WITH SAID DEED OF TRUST WAS RECORDED DECEMBER 23, 1998 IN BOOK 1105 AT PAGE 94-5. 4 RELEASE OF DEED OF TRUST DATED JULY 01, 1990, FROM HENRY TRET`l7N AND LANA TRET IN TO THE PUBLIC TRUSTEE OP GARFIELD CourFOR THE USE OF KENNETH RODENBUSH. AS TRUSTEE 'i STOR O `6 D004 -M RECORDED MAY E I NEDINB BENEFIT PENSION PLAN TO SECTJRE B001( 803 AT PAGE 517, UNDER ILECEFTION NO, 423785. SUBORDINATION AGREEMENT IN CONNECTION WITH SAID DEEB Of TRUST WAS RECORDW DECEMBER 23, 1998 IN BOOK 1105 AT PAGE 948. FROM :HERBERT 8 LCLE I N II 970 728 3089 1999.®9-21 13:17 g854 P.06✓12 ALTA COMMITMENT $cedu1c B - Section 1 CoatixOusd: oral HENRY � AND �` RELEASE OF LEEN NOTE DATED JULY 0I, 1990,USTEE FOR aNA FILMS, TRETTB`1 FOR THE USE OF KENNETHrr ENSI PLANT TEC THE SUM OF YBOARD FIL 00,00 INCORPORATED DEFINED $E� AT YPxGE 250. RECORDED MARCH I2, 1991, IN 13001( goo SUBORDINATION AOk't'RF-M� "T IN CONNECTION WITH SAID DE,bv R OF TRUST WAS E.cORPPD DECEMBER 23, 1993 IN BOoK. 1105 AT PAGE 951, _ 1 bRIAINATION OF FINANCING STATEMENT WITH FAISAM, LLC, THE SECURED PARTY, RECORDED I[INE 24, 1996, IN BOOTS 93AT PAGE 636 1 1 1 1 1 1 1 1 1 1 II`E TOA LJF,SiK WARRANTY DEED FROM HENRY TIBET 1N AND LANA WE -TM ETINTCONVEYING SUBJECT ESIb t LL COLOR:.!.s . !I E P L1 B1 !M" PROPERTY. EST T. A 0 1 ; !Ls ED D OF TRUST FR.O`1++[ ASPEN Es 1-- ' COUNTY FOR THE USE OF s Y CDS` '-T(3 THE PUBLIC TRusTEE OF ob4,pC} ARF' TELD AL -EINE E BAND TO SECURE THE SUM OF �t� ��c�[10-- NOTE: ITEMS 3-3 OF THE STANDARD EXG'EFTIONS WILL BE DELETED UPON KECLIP"T OF AN APPROVED SURVEY. �� NO.4 OF UPON RECEIPT OF A SIGN AND NOTARIZED FIE DELETEDAS © ANY LIENS i AL LIEN AI. IT, ITEM HENS THE FROM EXCEPTIONS OR MikTER ALS FURNISHED AT T} REQUEST OF SELLER AS OF POLICY DATE. NOTE: ABOVE NOTES AFFECT ONLY MRCP", A IIFROM �: HERBERT S KLEIN 1 1 1 1 1 1 1 1 1 1 1 1 1 1 870 728 3065 ALTA COMM1TM'ExT $cbedula F - Soman 1 cR,egoise,'°u) 1999 . 09-21 13:18 yl654 P.07/12 Our Order Pio. 4Wi24611-3 NOTE: ram 3 OF THE STANDARD E3CCEFTIONS WILL BE DELETEDIF LAND TITLE RECORDS THE DOCUMENTS REQUIRED UNDER SCHEDULE B -I. tit RB § on 0 FROM :HERBERT S KLEIN 970 728 30E9 vmIM ALTA COMMITMENT Schedule B - Section 2 (jccxptions) 1999.219-21 13:18 St684 P. 08/12 Our Order No. GW22461I-3 114 FOC'"? or policies to be wed win combs ricvyt OUS to the following unless the same art disposed of to the satisfaction of the Con Y; I. Rights or claims of parries in possession riot shcnkra by the public records. 2. E2Semeslts, or elms of casetrient , not shown try the public records. 3. Discrepancies, conflicts in 'boundary luxes, shortage in area, eccroacl»ezrt3, and any facts whiff a correct survey and inspection of the premises would disclose and which are not shown by the public ree»rd' 4. Any lien. or right to a Isco, for services, labor or mxierinl theretofore or hereafter shed, imposed by law and not sbown' y the public records, 5. Defects, lisps encumbrxaces, adverse claims or other matters, if any, crested, first appearing in the public records or hereofte oepinsux d acquires of record for attachsmg s-ubsegucut tp [be effecfi� d thel�cari �r^cted byt�xsCr�ammutmeu� . rape the ez.tate 9r interest or mortgage 6. Taxes or spacial assessments which are not shown es existing liens by the public records, 1. Liens for uupia4 water and sewer charges, if any. 8. In additioh, the owner's policy will be subject to the mortgage, if any, noted in Section 1 of Schedule B hereof. 9. FEE STMPLB AS TO PARCEL A AND EASEMENT INTEREST AS TO PARCEL B 1D. ME EFFECT OF INCLUSIONS TN ANY GENERAL OR SPECIFIC WATER CONSERVANCY, F1R . PROTECTION, SOIL CONSERVATION ION OR oTErzat DISTRICT OR INCLUSION IN ANY WATER SERVICE Q. STREET IMPROVEMENT AREA. I1. WA'I ER RIGHTS OR CLAIMS TO WATER RIGHTS. 1.2_ RIGHT OP PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE ITIS ORE THEREFROM SHOULD TJW SAME BE POUND TO PENETRATE OR INTERSECT THE PREMISES AAS T RESERVED IN UNITED STATES AUGUST 11,PATENT 1894 INRECORDED AT P UGE2sAND RECORDED 5, IN ROOK 71 Jug 24, 1895 IN BOOK 12 AT PAGE 368 13. RIGHT OF WAY FOR DTTCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OP THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED AUGUST 1+D, 1894, IN BOOK 12 .AT PAGE 233 AND RECORDED JUNE 24, 1895 IN BOOK 12 AT PAGE 368 FROM :HERBERT 9 VLEIN 970 728 30ES 1999.09-21 13:18 UG54 P.09/12 ALTA COMMITMENT Scheidu]e B - Scctian 2 j xesptions) The policy or policies to be Issued will contain exceptions to the roflor+iog unless the saw are disposed of to the satisfaction of the Company! Our Order No. Gw224611-3 14- EASEMENTS AND RIGHTS OF WAY AS GRANTED TO ROCKY MOUNTAIN NATURAL GAS COMPANY, INC IN INSTRUMENT RF..CORDED OCTOBER 19, 1961 IN BOOK 337 AT PAGE 236 AND IN INSTRUMENT RECORDED NOVEMBER 2:3, 1990 IN BOOK 793 AT PAGE 891, CORRECTED JUNE 12, 1991 IN BOOK 806 AT PAGE 73 15. EASEMENT'S AND RIGHTS OF WAY AS GRANTED TO HOLY CROSS ELEC. i RIC ASSOCIATION, INC. IN INSTRUMENT REODRDED JULY 13, 1972 IN BOOK 433 AT PAGE 111 AND IN INSTRUMENT RECORDED SEPTEMBER 17, 1984 IN BOOK 656 AT PAGE 856. NTAIN A FORFEITURE OR REVERTER 15_ CLAUS E. AS CONTAINED IN INSTRUMENT RECIVE COVENANTS, WHICH DO NOT OORDED AP 0'7, 1969, TN BOOK 401 T PAGE 28. 17. RESTRICTIVE COVENAN`T'S, WHICH 170 NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, AS CONTAINED IN INSTRUMENT RECORDED DECEMBER 07, 1987, IN BOOK 725 AT PAGE 792. 18. TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT, EASEMENT GRANT ANI) I1UT13AL RELEASE RECORDED OCTOBER 22, 1985 IN BOOK 697 AT PAGE 616. 19, TERMS, CONDITIONS AND PROVISIONS OF Q LD COUNTY RESOLUTION NO. 85-006 RECORDEDRESOLUTION NO. JANUARY i21 S 198,8 TN BOOK 727 AT PAGE 676 AND RECORDED SEPTEMBER 7, 1989 BOOK 762 AT COUNTY It -E -SO 535 20. TERMS, CONDITIONS AND PROVISIONS OF WARRANTY DEED RECORDED MARCH 05, 1993 IN BOOK 856 AT PAGE 143. 21_ TERMS, CONDITIONS AND FROVJS1ONS OF AGR MENT RECORDED OCTOBER 27. 1995 IN BOOK 957 AT PAGE 131. 22, EIGHT OF WAY FOR THE UNINTERRUPTED FLOW OF BLUE CREEK_ 23. EASEMENTS AND RIGHTS OF WAY FOR ROADS. STILETS, HIGHWAYS, DITCFIF.S, CANALS, FIFSLINES AND UTILITY LINES AS CONSTRUCTED AND IN FLAW. PROM :HERBERT E. VLE I N 970 728 3059 ALTA COMMITMENT Schothae 8 - Section, 2 (Exceptions) The icy or 'Aide* to be ismoci1 will cocitaw ext.cWtlons to the following unless the smut art tli sposed of to the satisfaction of the Com}?y: 1999.09-21 13:18 6664 P.10/12 Our Oris No. 0wa4611.3 NOTE. UPON RECEIPT OFA SURVEY, MEETING THE ALTA M1NIMUM STANDARDS FOR CONTENT AND ACCURACY, TRE EXCEPTION SHOWN ABOVE WILL BE DELETED. PROVIDED HOWEVER, THAT D�� �CFSSRRYA FO �MATT6 5DISCLOSED E COMPANY � � SURVEE RIGHT Y- 24, ANY EXCEPTIONS IT 24, TERMS. CONDITIONS AND PROVISIONS OF RESOLUTION 98-11 RBCORDED MARCH 10, 1998 IN BOOK1056 AT PAGE 952, 25. TERMS, CONDITIONS AND PROVISIONS OF MEMORANDUM Q WATER ALLUTMENT CONTRACT RECORDED SEPTEMBER 16, 1995 IN BOOK 1088 AT PAGE 800. 26 TERMS, CONDITIONS AND PROVISIONS OF MEMORANDUM OF WATER ALLOTMENT CONTRACT RECORDED AUGUST 12, 1998 IN BOOK 1083 AT PAGE 131. 27. EXTS INC3 CIES ANY. NOTE: EXCEPTIONS NO. 9 THROUGH NO. 27 AFFECT ONLY PARCEL A. 28. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD TEE SAME BE FOUND TO PENVTR ATE OR INTERSECT THE PREMISES AS RESERVED INN UNITED STATES PATENT RECORDED APRIL 25, 1904, IN BOOK 56 AT PAGE 496 THE 29. UNITED OF TATES AS RESERVEDWAY FOR DrreitESOR. IN UNITED STATES PATENT RECORDED APRIL 25,CANALS CONSTRUCi ED BY TI -1E AUTHORTIT 1904, 1N BOOK 56 AT PAGE 496. 30. EASEMENT AND RIGHT OP WAY FOR SEWER SYSTEM AND WATER SYSTEM, AS GRANTED TO RANCH AT ROARING FORK , INC., BY THE RANCIi AT ROARING FORK, LNC-. AS RECITED 1N INSTRUMENT RECORDED JULY 12, 1973 AS DOCUMENT NO, 259141 IN BOOK 447 AT PAGE 140. 31_ EASEMENTS, RIGHTS QF WAY AND OTHER MATTERS AS FOUND ON 1 HE PLATS RECORDED 7ULY 6, 1976 AS RECEPTION NO. 273384 AND RECORDED APRIL 20, 1988 AS RECEPTION NO- 391345. Nmosimmi FROM :HERBERT S KLEIN 970 728 3069 1999.09-21 13:15 18E4 P.11/12 ALTA. COMMITMENT Schedule B - Sk eltiO 1 2 (Exceptional The Policy or pollen' to be issued will contain exceptions to the following unless the mitts are disposed of to the satisfaction of the Company: Our Order No. OW211-3 32. TERMS, CONDmONs, 12111ATIONS, RESTRICTIONS, RESERVATIONS AND OBLIGATIONS AS SET FORTH IN DECLARATION OF COVENANTS POR RANCH AT ROARING FORK CONDOMINIUMS, A RESORT CONDOMINIUM PROTECT, RECORDED QCTQBER 23, 1973 AS DOCUMENT NO. 260425 IN BOOK 451 AT PAGE 48, AND A5 AMENDED OCTOBER 26, 1917 AND RECORDED OCTOBER 26, 1977 AS DOCUMENT NO, 2,8040 IN BOOK 502 AT PAGE 82., AND AS AMENDED JULY 8, 1980 AS RECEfl ON NO. 305407 IN BOOK 551 AT PAGE 429, AND AS AMENDED NOVEMBER 3. 1980 AS RtECEFT1ON NO. 309011 IN BOOK 559 AT PAGE 159. AND AS AMENDED AUGUST 7. 1985 AS RECTION NO. 364004 IN BOOK 673 AT PAGE 585, 1 33. TERMS, CONDmoNS, LIMITATIONS, RESTRICTIONS, RESERVATIONS AND OBLIGATIONS AS SET FORTH IN THE SUPPLEMENTARY DECLARATION OF ESTABLISHMENT OF COVENANTS FOR RANCH AT ROARING FORK RESIDENTIAL PARCEL NO- V RECORDED JULY 7, 1976 AS DOCUMENT NO. 273385 IN 1300K 486 AT PAGE 497, AND SUPPLEMENTARY RECORDED AUGUST 26, 1990 IN BOOK 554 AT PAGE 613, 34.. BASEMENT AND RIGHT OF WAY FOR, THE INSTALLATION AND MATN'TENANCE OF UTILITIES AND DRAINAGE FACiLIT1 S, INCLUDING BUT NOT LIMITED TO: ELECTRICAL LINES, GAS LINES, TELEPHONE LINES AND CABLE T.V. TINES AS GRANTED TO THE PUBLIC UTILITIES BY PROPERTY OWNERS IN INSTRUMENT RECORDED AS DOCUMENT NO, 281184 IN BOOT, 501 AT PAGE 614. NATE: (AFFECTS COMMON AREAS) 35. EASEMENTS AND RIGHTS OF WAY AS CONTAINED IN IN AGREEMENT FOR EASEMENT RECORDED OCTOBER 27, 1995 IN BOOK 957 AT PAGE 131. NOTE: EXCEPTIONS NO. 24 THROUGH 35 AFFECT ONLY PARCEL B. ION SLA a S 28 9 ! 31 32 334 • F YO pg&VIoi1S CO HT HAVEI3�I I14QDIPIED Q1,21 ETER 1 1 1 1 1 1 1 1 1 1 1 1 1 FROM :HERBERT S KLEIN 970 728 3059 1999.09-21 13:19 #654 P.12/12 1 LANA TITLE GUAR e►riTEE COMFfr NY DISCLOSURE STATEMKI T Ecguired by C.R.S. 1041-122 A) The subject real property -123,4y be located in a special taxing district. 8) A Certificate of Taxes Due fisting each taxing jurt3dictioo may he obtained from the County Treasurer's authorised agent. C) The information regarding special districts and tin boo:odar es of such districts may be obtained from the Hoard of Cvauty Commissioners, the County Clerk and Recorder, or the Cvw0.ty Asse sor. Effective September 1, 1997, CRS 30-10 -4015 wires that all docmzcsts metived for ring or Ming in the cleric and recorder's office shall contain a top :margin of at least one inch and a k1t, right and bottom margin of at lease one half of an iJcti. The cleric sod recorder May refuse to record or file any doSment that does not conform, except that, the requirement for the top margin shall not apply to dints using fors on which Tact is provided for recording or lalua informatioli at the tap margin of the diem, PROTECTIVE COVENANT PROVISIONS DECLARATION OF PROTECTIVE COVENANTS FOR ASPEN EQUESTRIAN ESTATES SUBDIVVISION WHEREAS, ASPEN EQUESTRIAN ESTATES, LLC, a Colorado limited liability company ("Declarant") has caused certain real property in Garfield County, Colorado, to be surveyed, subdivided and platted into [forty-seven] residential lots described as Lots B1 through B1.1, C1 through C16 and El through E20, Aspen Equestrian Estates, (collectively the "Lots") and remaining areas of land which generally includes roads, utility facilities and open space which is not within the Lots (the "Common Elements"). The Lots and the Common Elements are collectively referred to as the "Subdivision". In addition, there has also been created and platted one Equestrian Parcel (the "Equestrian Parcel"). The Lots, Common Elements and Equestrian Parcel are shown on the plat of ASPEN EQUESTRIAN ESTATES SUBDIVISION/PUD which plat has been filed for record in the real property records of Garfield County, Colorado, on the day of , 1999, in Plat Book at Pages (the "Plat"). Except where specifically referred to in this Declaration, the Equestrian Parcel is not subject to the terms of this Declaration and shall not be included within the term "Subdivision." NOW, THEREFORE, Declarant, as the owner in fee simple of all of the lands included within said Plat as above described, does hereby declare and acknowledge that all of the lands within said Subdivision as shown on the Plat are and shall hereafter be subject to all of the covenants, restrictions, and limitations contained hereinafter, and further reserves to itself all of the lands and easements described in Article 8 hereinafter. These covenants shall run to the benefit of and be enforceable by the owners of the property within the Subdivision and to the extent provided for herein, by the owner of the Equestrian Parcel. IN WITNESS WHEREOF, Declarant, has executed this instrument this day of , 1999- ASPEN EQUESTRIAN ESTATES, LLC,\01lvt a Colorado limited liability company /.‘14) t i By: Jay N. Weinberg, Manager [NOTARY BLOCK ON FOLLOWING PAGE] STATE OF COLORADO COUNTY OF PITKIN The foregoing instrument was acknowledged before me this day of , 1999 by Jay N. Weinberg, acting in his capacity as a manager of Aspen Equestrian Estates, LLC, a Colorado limited liability company. WITNESS my hand and seal. My commission expires: Notary Public ii DECLARATION OF PROTECTIVE COVENANTS FOR ASPEN EQUESTRIAN ESTATES SUBDIVISION TABLE OF CONTENTS Contents Page ARTICLE 1 -- PURPOSE OF COVENANTS 1.1 General Requirements 1 1.2 Planned Community ARTICLE 2 -- DEFINITIONS 2.1 Allocated Interests 1 2.2 Association 1 2.3 Board 1 2.4 Colorado Common Interest Ownership Act 1 2.5 Common Elements 1 2.6 Common Expenses 1 2.7 Declarant 2 2.8 Declaration 2 2.9 Equestrian Parcel 2 2.10 Green Belt and Wetland Areas 2 2.11 Owner 2 2.22 Recorded Plat 2 2.13 Lots 2 2.14 Restricted Open Space 3 2.15 Subdivision and the term Subdivide 3 2.16 Units 3 ARTICLE 3 -- ASPEN EQUESTRIAN ESTATES HOMEOWNERS ASSOCIATION 3.1 Membership and Voting Rights in the Association 3 3.2 Association Easement 4 3.3 Governing Instruments 4 3.4 Duties and Voting of Board 4 3.5 Election of the Board 5 3.6 Removal of Directors 5 3.7 Delivery of Association Property 5 3.8 Budget 7 3.9 Assessments 7 3.10 Assessment Lien 7 3.11 Statement of Assessments and Liability of Purchasers 8 3.12 Incorporation into Future Filings 9 3.13 Declarant's and Owners Acknowledgment of Future Development Potential 9 3.14 Sewer Service Disclosure 9 3.15 Water Service to Equestrian Parcel. . . .10 ARTICLE 4 -- ARCHITECTURAL COMMITTEE 4.1 Architectural Committee 10 4.2 Approval by Architectural Committee 11 4.3 Variances ... 11 4.4 General Requirements 11 4.5 Preliminary Approvals 12 4.6 Architectural Plans 12 4.7 Architectural Committee Not Liable 12 4.8 Written Records 12 ARTICLE 5 -- GENERAL RESTRICTIONS ON ALL LOTS 5.1 Zoning Regulations 12 5.2 No Mining, Drilling, or Quarrying 13 5.3 No Business Uses 13 5.4 Signs 13 5.5 Animals and Fencing 13 5.6 Service Yards and Trash 14 5.7 No Discharge of Firearms 15 ARTICLE 6 -- RESTRICTIONS ON LOTS 6.1 Number and Location of Buildings 15 6.2 Dwelling House to be Constructed First 15 6.3 Towers and Antennae 16 6.4 Trees and Landscaping 16 6.5 Tanks 16 6.6 Used or Temporary Structures 16 6.7 Exterior Lighting 16 6.8 Off -Street Parking 16 6.9 Dust Control 16 6.10 Weed Control 17 6.11 Road Damage ..... 17 ARTICLE 7 -- RESERVED DEVELOPMENT AND SPECIAL DECLARANT RIGHTS 7.1 Addition of Unspecified Real Estate 17 7.2 Reservation of Withdrawal Rights 18 7.3 Other Reserved Rights 18 7.4 Change in Allocated Interest 18 7.5 Termination of Rights 18 ARTICLE 8 -- EASEMENTS AND LANDS RESERVED 8.1 Utility Easements Reserved 19 8.2 Equestrian Easements 19 8.3 Easements for Private Roads and Equestrian Trails 19 iv ARTICLE 9 7- ENFORCEMENT 9.1 Enforcement Action 20 9.2 Limitations on Actions 20 ARTICLE 10 -- INSURANCE 10.1 Insurance. 20 10.2 Fidelity Insurance 20 10.3 Insurance Premiums are Common Expenses 21 ARTICLE 11 -- GENERAL PROVISIONS 11.1 Covenants to Run 21 11.2 Termination and Amendment of Declaration 21 11.3 Severability 21 11.4 Repeal of the Act 21 11.5 Paragraph Headings 22 v. DECLARATION OF PROTECTIVE COVENANTS FOR ASPEN EQUESTRIAN ESTATES SUBDIVISION ARTICLE 1 -- PURPOSE OF COVENANTS 1 1 General Requirements. The name of the common interest community created hereby is the "Aspen Equestrian Estates Subdivision." It is the intention of Declarant, expressed by its execution of this instrument, that the lands within the Aspen Equestrian Estates Subdivision, but excluding therefrom the Equestrian Parcel, be developed and maintained as a highly desirable residential area. It is tthehenatu o growth ase of nd covenants that the present natural beauty, native setting and surroundings of the Subdivision shall always be protected insofar as is possible in connection with the uses and structures permitted by this instrument. 1.2 Planned Community, The Subdivision shall be considered a planned community for purposes of the Colorado Common Interest Ownership Act, as hereafter defined. ARTICLE 2 --- DEFINITIONS 2.1 Allocated Interests means the undivided interest in the Assessments and votes in the Association allocated to each Lot. Except for specially allocated common expenses allowed pursuant to Section 3-aci eachonLotexpenses shall haveshall one votebe assessed equally to each Lot an in Association matters. 2.2 Association means the Aspen Equestrian Estates Homeowners Association, a Colorado non-profit corporation and its successors and assigns. 2.3 Association.To the 2.4 Colorado Common Interest Ownership Act. the Colorahe extent applicable, this Declaration is governed by he C l_a, Common Interest Ownership Act (the "Act"), C.R.S. § et. seq. Board means the Board of Directors of the 2.5 Common . Them CommonAElements portions shall be theSubdivision bythe except for the Lot Association. 2.5 Common Expenses means (i) all expenses expressly declared to be common expenses by this Declaration or the Bylaws of the Association; (ii) all other expenses of administering, servicing, conserving, managing, maintaining, repairing or replacing the Common Elements; (iii) insurance premiums for the insurance carried under Article 9; and (iv) all expenses lawfully determined to be common expenses by the Board. 2.7 Declarant. The Declarant is Aspen Equestrian Estates, LLC, a Colorado limited liability company. 2.8 Declaration. This Declaration of Protective Covenants for the Aspen Equestrian Estates Subdivision, and any and all duly executed amendments, supplements, or additions to this Declaration recorded in the office of the Clerk and Recorder of Garfield County, Colorado, and including any maps or plats recorded in connection therewith. 2.9 Equestrian Parcel. The real property designated as the "Equestrian Parcel" on Sheet 1 of the Plat. 2.10 Green Belt and Wetland Areas. The Plat indicates an area described as "Greenbelt Area" with a boundary described by a "Greenbelt Delineation" line. The Greenbelt Area was established by a private covenant recorded in Book 725, page 792- 796. This area affects Lots B2 through BIO. No use or development within a Lot shall occur within the Greenbelt Area that affects such Lot except as permitted by said private covenant, and as otherwise subject to approval of the Architectural Control Committee as provided for in these Declarations. The Plat also identifies the location of the 100 year Floodplain. No development shall occur within the 100 year floodplain, except as may be permitted by the Board and any governmental entity having jurisdiction over such areas. During construction on any Lot which contains or is adjacent to wetlands, silt fencing around such areas under construction shall be used to protect the wetlands from disturbance. 2.11 Owner means any person, firm, corporation, partnership, association, or other entity, including the Declarant, or any combination thereof, who own(s) one or more Lots. The term "Owner" shall not refer to any lienholder unless such lienholder has acquired title pursuant to foreclosure or any proceeding in lieu of foreclosure. 2.12 Recorded Plat shall mean that map recorded at Plat Book at Pages _ of the records of the Clerk and Recorder of Garfield County, Colorado (hereinafter referred to as "Plat") and any Amendments or Replats thereof of all or a portion of said Lands. 2.13 Lots shall mean all of the residential lots as designated on the Plat. Each Lot and the appurtenant interest in the Association shall comprise one Lot, shall be inseparable and may be transferred, leased, devised or encumbered only as a - 2 - Lot. Any contract of sale, deed, lease, Mortgage, will or other instrument affecting a Lot may describe it by its Lot number, Aspen Equestrian Estates Subdivision, Garfield County State of Colorado, according to the Plat thereof recorded in Plat Book at Page , and the Declaration thereof recorded in Book at Page , in the records of the Clerk and Recorder of the Pitkin County, Colorado, as amended from time to time. Each Lot shall be considered a separate parcel of real property and shall be separately assessed and taxed. 2.14 Restricted Open Space shall mean areas identified on the Plat within the Open Space zone district boundary or otherwise identified as open space, as described on the Plat. The uses of the Restricted Open Space shall be regulated by the Board by its establishment of rules and regulations therefore and shall at all times comply with the terms of such zone district as established by Resolution 98-11 of the Board of County Commissioners of Garfield County, Colorado, recorded in Book 1056 Page 952 of the records of Garfield County, Colorado, ("Resolution 98-11") and such other uses that may be permitted in such zone district by Garfield County in the future. The zone district regulations and definitions related thereto as established by Garfield County shall be used in any interpretation of the uses so permitted, provided in the event of any conflict between the terms of Resolution 98-11 and the general zoning regulations of Garfield County, the terms of Resolution 98-11 shall be given paramount effect. Any Restricted Open Space located within the 100. Year Floodplain shall also be subject to the regulations which apply to such areas. 2.15 Subdivision and the term Subdivide. The Lots and the Common Elements are collectively referred to as the "Subdivision". In addition, there has also been created and platted one Equestrian Parcel (the "Equestrian Parcel"). The Lots, and Equestrian Parcel are shown on the plat of ASPEN EQUESTRIAN ESTATES SUBDIVISION/PUD which plat has been filed for record in the real property records of Garfield County, Colorado, on the day of , 1999, in Plat Book at Pages (the "Plat"). The Common Elements are shown on the Plat, although not specifically labeled thereon, as they are all portions of the Subdivision except for the Lots. Except where specifically referred to in this Declaration, as in for example, Sections 3.14 and 3.15 related to sewer service and water service obligations, the Equestrian Parcel is not subject to the terms of this Declaration and shall not be included within the term "Subdivision." 2.16 Unit(s) shall have the meaning therefor described in the Act and shall also mean "Lot(s)". - 3 ARTICLE 3 -- ASPEN EQUESTRIAN ESTATES HOMEOWNERS ASSOCIATION 3.1 Membership and Voting Rights in the Association. All persons or associations who own or acquire the title in fee to any of the lands in the Subdivision (other than lands dedicated as public roads, if any), by whatever means acquired, shall automatically become Members of ASPEN EQUESTRIAN ESTATES HOMEOWNERS ASSOCIATION, INC. (hereinafter referred to as "Association"), a Colorado nonprofit corporation, in accordance with the Articles of Incorporation of said Association as recorded or filed in the records of the State of Colorado, and as the same may be duly amended from time to time. 3.1.1 The owner of each Lot shall be entitled to one membership in the Association. 3.1.2 Each membership shall be entitled to one vote per Lot. If more than one individual or entity owns a portion of a Lot, a representative of such multiple owners shall be designated and shall vote all the votes allocated to such membership. There shall be no fractional voting permitted. 3.1.3 The members representing a majority of votes in the Association shall constitute a quorum. 3.2 Association Easement. The Association shall have the right of access to each Lot from time to time during reasonable hours as may be necessary for the maintenance, repair, or replacement of utility extensions, roads and fences, ditches and irrigation systems, and at any time for the making of emergency repairs, and shall have a nonexclusive easement as may be appropriate to perform the duties and functions which it is permitted to perform pursuant to this Declaration. In addition to the foregoing, the Association shall also have the right to establish utility easements from time to time for the benefit of owners of Lots across any of the lands within the Subdivision subject, however, to the prior approval of the location of said easements by the Architectural Control Committee, which approval shall not be unreasonably withheld; further provided, however, that the Architectural Control Committee may impose conditions on the use, installation, revegetation or rehabilitation required to restore any disturbed property to its prior condition after completion of the installation of any such utilities and may further require that all such utilities be installed underground. 3.3 Governing Instruments. The administration of the Association shall be governed by this Declaration and the Articles of Incorporation and Bylaws of the Association. 3.4 Duties and Voting of Board. The Board of Directors of the Association shall have the duties of management, 4 operation, and maintenance of the utilities, roads and fences of the Subdivision, enforcement of the provisions of this Declaration, the Articles and Bylaws of the Association, and the rules and regulations adopted by the Board of Directors thereunder. 3.4.1 If appointed by the Declarant, the officers and members of the Board are required to exercise the care required of fiduciaries of the Unit Owners. 3.4.2 If not appointed by the Declarant, no member of the Board and no officer shall be liable for actions taken or omissions made in the performance of such member's duties except for wanton and willful acts or omissions. 3.4.3 The Board of Directors shall act by majority vote. 3.5 Election of the Board. The Board of Directors shall be composed of five (5) persons. Initially, the Declarant shall appoint all five Directors. However, not later than sixty (60) days after conveyance of twenty-five percent (25%) of the Units that may be created to Owners other than the Declarant, at least one member and not less than twenty-five percent (25%) of the members of the Board of Directors must be elected by Unit Owners other than the Declarant. Not later than sixty (60) days after conveyance of fifty percent (50%) of the Units that may be created to Owners other than the Declarant, not less than thirty- three and one-third percent (33 1/3%) of the members of the Board of Directors must be elected by Unit Owners other than the Declarant. Not later than either sixty (60) days after the earlier of the conveyance seventy-five percent (75%) of the Units that may be created to Owners other than the Declarant, two years after the last conveyance of a Unit by the Declarant in the ordinary course of business, or two years after any right to add new Units was last exercised, the Owners of the Units shall elect the entire Board of Directors, at least a majority of whom must be Unit Owners other than the Declarant or designated representatives of Unit Owners other than the Declarant. 3.6 Removal of Directors. The members may remove a Director other than a Director appointed by the Declarant, with or without cause, by a two-thirds vote of the members present and entitled to vote at a meeting of the members at which a quorum is present. 3.7 Delivery of Association Property. Within sixty (60) days after the Owners other than the Declarant elect a majority of the members of the Board, the Declarant shall deliver to the association all property of the Owners and of the Association held by or controlled by the Declarant, including - 5 - without limitation, the following items: (a) The original or a certified copy of the recorded Declaration as amended, the Association's Articles of Incorporation, Bylaws, minute books, other books and records, and any rules and regulations which may have been promulgated; (b) An accounting for Association funds and financial statements, from the date the Association received funds and ending on the date when the Owners other than the Declarant took control of the Association. The financial statements shall be audited by an independent certified public accountant and shall be accompanied by the accountant's letter, expressing either the opinion that the financial statements present fairly the financial position of the Association in conformity with generally accepted accounting principles or a disclaimer of the accountant's ability to attest to the fairness of the presentation of the financial information in conformity with generally accepted accounting principles and the reasons therefor. The expense of the audit shall not be paid for or charged to the Association; (c) The Association funds or control thereof; (d) All of the Declarant's tangible personal property that has been represented by the Declarant to be the property of the Association, and inventories of such property; (e) A copy of any plans and specifications used in the construction of the improvements in the Subdivision which were completed within two years before the Declaration was recorded; (f) All insurance policies then in force, in which the Owners, the Association, or its directors and officers are named as insured persons; (g) Copies of any certificates of occupancy that may have been issued with respect to any improvements comprising the Subdivision; (h) Any other permits issued by governmental bodies applicable to the Subdivision and which are currently in force or which were issued within one year prior to the date on which Owners other than the Declarant took control of the Association; (i) Written warranties of any contractor, subcontractors, suppliers, and manufacturers that are still effective; (j) A roster of Owners and holders of first mortgages or deeds of trust and their addresses and telephone numbers, if known, as shown on the Declarant's records; - 6 - (k) Employment contracts in which the Association is a contracting party; and (1) Any service contract in which the Association is a contracting party or in which the Association or the Owners have any obligation to pay a fee to the persons performing the services. 3.8 Budget. The Association must prepare an annual. budget. Within thirty (30) days after adoption of any proposed budget for the Association, the Board of Directors shall mail, by ordinary first-class mail, or otherwise deliver a summary of the budget to all the members and shall set a date for a meeting of the members to consider ratification of the budget not less than fourteen (14) rior more than sixty (60) days after mailing or other delivery of the summary. Unless at that meeting a majority of all members reject the budget, the budget is ratified, whether or not a quorum is present. In the event that the proposed budget is rejected, the periodic budget last ratified by the members must be continued until such time as the members ratify a subsequent budget proposed by the Board. 3.9 Assessments. All Owners shall be obligated to pay assessments imposed by the Association to meet the expenses of management, operation, and maintenance of the Subdivision. Assessments shall be made against each Lot in proportion to the number of votes allocated to such Lot. In addition, the Association may apportion the assessments against such Lots based on the benefits or burdens related to a particular Lot or class of Lots in its reasonable discretion. Assessments may include, without limitation, the costs of additions, maintenance, repair, replacement and operation of utilities, roads and fences, expenses of management, taxes and special assessments unless separately assessed, landscaping, ranching, farming and equestrian facilities and activities, irrigation activities including ditch construction, maintenance and repair either within the Subdivision or along ditches leading to or from the Subdivision, and care of grounds for all lands within the Subdivision, additions, repairs and renovations, trash and garbage collection, wages, snow removal, irrigation and domestic water system and sewer system additions, repairs and maintenance, legal and accounting fees, management fees, expenses and liabilities incurred by the Association under or by reason of this Declaration, payment of any deficit from a previous assessment, creation of a reasonable contingency, reserve or surplus fund, and other costs and expenses relating to the Subdivision. Assessments shall be a personal obligation of each owner and suit to recover money judgment shall be maintainable without waiving the lien securing the same. - 7 - 3.10 Assessment Lien. 3.10.1 Assessments chargeable to any Unit shall constitute a lien on such Unit superior to all other liens and encumbrances except: (i) liens and encumbrances recorded before the recordation of the Declaration; (ii) a security interest on the Unit which has priority over all other security interests on the Unit and which was recorded before the date on which the assessment sought to be enforced became delinquent; and (iii) liens for real estate taxes and other governmental assessments or charges against the Unit. 3.10.2 An assessment lien under this section 3.10 is superior to a security interest on the Unit which has priority over all other security interests on the Unit and which was recorded before the date on which the assessment sought to be enforced became delinquent to the extent of: (a) any attorney fees and costs being incurred in an action to enforce the lien, plus; (b) an amount equal to the common expense assessments based on a periodic budget adopted by the Association which would have become due, in the absence of any acceleration, during the six months immediately preceding institution of an action to enforce the lien, but in no event shall such priority accorded to the assessment lien exceed one hundred fifty percent of the average monthly assessment during the immediately preceding fiscal year multiplied by six. 3.10.3 This section 3.10 does not affect the priority of mechanics' or materialmen's liens or the priority of liens for other assessments made by the Association. 3.10.4 If any assessment shall remain unpaid 25 days after the due date thereof, the Association may impose a surcharge of 1.75% of such assessment on the first day of each calendar month thereafter so long as such assessment shall be unpaid, provided, however, that the maximum surcharge in one year shall be no greater than twenty-one percent (21%). 3.10.5 Recording of the Declaration constitutes record notice and perfection of the lien. No further recordation is required. 3.10.6 The Association's lien may be foreclosed in like manner as a mortgage on real estate. 3.10.7 Upon such foreclosure the Association's claim shall include the amount of unpaid assessments, penalties thereon, the costs and expenses of such proceedings, the costs 8 and expenses of filing the notice of lien, and reasonable attorney's fees, and any deficiency shall be a common expense assessed equally to all Unit Owners. The Association may bid on the Unit at foreclosure sale and hold, lease, mortgage, or convey the same. 3.11 Statement of Assessments and Liability of Purchasers. The Association shall furnish to an Owner or his designee or to a holder of a security interest or its designee upon written request, delivered personally or by certified mail, first-class postage prepaid, return receipt requested, to the Association's registered agent, a statement setting forth the amount of unpaid assessments currently levied against such owner's lot. The statement shall be furnished within fourteen (14) business days after receipt of the request and is binding on the Association, the Board of Directors, and every Owner. If no statement is furnished to the Owner or holder of a security interest or their designee, delivered personally or by certified mail, first-class postage prepaid, return receipt requested, to the inquiring party, then the Association shall have no right to assert a priority lien upon the Unit for unpaid assessments which were due as of the date of the request. 3.11.1 The grantee of a Unit shall be jointly and severally liable with the grantor for all unpaid assessments against the tract accrued prior to the conveyance, without prejudice to the grantee's right to recover from the grantor the amounts paid by the grantee therefor. 3.12 Incorporation into Future Filings. For purposes of administration, maintenance and the sharing of expenses provided for in Section 3.9 above, the Association may be incorporated into any association created in the future pursuant to the further subdivision of lands now or hereafter owned by Declarant, its successors and assigns adjacent to the Subdivision. Without incorporation, the Association may contract with any other homeowners association which administers adjacent property to mutually undertake functions similar to those undertaken by Association pursuant to this Declaration and the costs incurred pursuant to said contract shall be a common expense of the Association. 3.13 Declarant's and Owners Acknowledgment of Future Development Potential. Each owner of a Lot, by acquiring title thereto subject to this Declaration, acknowledges and agrees that, for a period of fifty (50) years following the recordation of the Declaration, subject to obtaining any necessary approvals from the government of Garfield County, Colorado or any successor political subdivision having jurisdiction over the Subdivision and the Equestrian Parcel: 1) Declarant, its successors and assigns, may undertake additional development of the Equestrian - 9 - Parcel; and 2) no such owner shall have any claim against Declarant nor shall make any objection to any such future development based upon any claim of reliance or misrepresentation with respect thereto; and, 3) that the maximum number of Units in the Subdivision is 47. 3.14 Sewer Service Disclosure. Sewer Service is provided to the Subdivision and the Equestrian Parcel by the Ranch at Roaring Fork Homeowners Association ("Ranch Association") pursuant to a Sewer Service Agreement between Ranch Association and the Declarant recorded in Book , Page of the records of Garfield County, Colorado. The Equestrian Parcel is specifically subject to the provisions of this section of these Declarations. The Ranch Association is a private homeowners association entitled to establish rules and regulations for the provision of sewer service and is not subject to rules and regulations affecting public utilities. The Association is required, under the terms of the Sewer Service Agreement, to accept, without vote or any other approval, an assignment of the Sewer Service Agreement and assumption by the Association of each and all of the Declarant's obligations and rights under the Sewer Service Agreement, except such rights with respect to the Equestrian Parcel as may be reserved by Declarant in such assignment. The assessment powers of the Association shall include the right to levy assessments on the Lots and the Equestrian Parcel as necessary to meet the Association's obligations under the Sewer Service Agreement. Any such levies on the Equestrian Parcel shall be based upon an equitable apportionment of the sewer services used between the Lots and the Equestrian Parcel, or such other equitable allocation if the circumstances which required the levy to me made were due in whole or in part to the acts or omissions of the owner of the Equestrian Parcel. Such levy and collections of assessments for purposes of satisfying the obligations under the Sewer Service Agreement shall not require any specific member approvals. Individual lots in the equestrian parcel may be subject to a lien for sewer charges as provided for in Section 12c of the Sewer Service Agreement. 3.15 Water Service to Equestrian Parcel. The Association shall provide potable water to the Equestrian Parcel as part of and upon the same terms and conditions as it serves the Subdivision with such water service and the water usage of the Equestrian Parcel shall be metered. Association shall be obligated to maintain, repair and replace the water system and its related components, easement and apparatus. The Association shall enter into an agreement with the owner of the Equestrian Parcel with respect to such services. The assessment powers of the Association shall include the right to levy assessments on the Lots and the Equestrian Parcel as necessary to meet the 10 Association's obligations to provide water service to the Subdivision and the Equestrian Parcel. Any such levies on the Equestrian Parcel shall be based upon an equitable apportionment of the water services used between the Lots and the Equestrian Parcel, or such other equitable allocation if the circumstances which required the levy to me made were due in whole or in part to the acts or omissions of the owner of the Equestrian Parcel. ARTICLE 4 -- ARCHITECT'UTRAL COMMITTEE 4.1 Architectural Committee. The Architectural Committee shall mean the Board of Directors of the Association. The Architectural Committee shall have and exercise all of the powers, duties, and responsibilities set out in this instrument, and may, but shall not be required to, establish guidelines and requirements for compliance with its authority, including the establishment of costs and fees reasonably related to the processing and evaluation of requests for Committee action. 4.2 Approval by Architectural Committee. No improvements of any kind, including but not limited to dwelling houses, outbuildings, swimming pools, tennis courts, ponds, driveways and parking areas, fences, walls, garages, antennae, flagpoles, curbs, walks, landscaping, irrigation ditches or structures, shall ever be constructed or altered (including any change in exterior color or materials), on any lands within the Subdivision, nor may any vegetation be altered or destroyed nor any landscaping performed on any Lot or Common Element unless the complete architectural plans for such construction or alteration or landscaping are approved in writing by the Architectural Committee prior to the commencement of such work. No person shall have the right to rely on any verbal approval. In the event the Architectural Committee fails to take any action within 60 days after complete architectural plans for such work have been submitted to it, then all of such submitted architectural plans shall be deemed to be approved. In the event the Architectural Committee shall disapprove any architectural plans, the person or association submitting such architectural plans may appeal the matter to the next annual or special meeting of the Members of the Association, where a vote of at least sixty-seven (67%) of the votes entitled to be cast at said meeting shall be required to change the decision of the Architectural Committee. 4.3 Variances. Where circumstances, such as topography, location of property lines, location of trees and brush, or other matters require, the Architectural Committee may, by a two-thirds vote, allow reasonable variances as to any of the covenants contained in this Declaration, on such terms and conditions as it shall require; provided that no such variance shall be finally allowed until 30 days after the Architectural - 11 Committee shall have mailed a notice of such variance to each Member of the Association. In the event any three Members shall notify the Architectural Committee in writing of their objection to such variance within said 30 -day period, the variance shall not be allowed until such time as it shall have been approved by a vote of at least sixty-seven (67%) the votes entitled to be cast at an annual or special meeting of the Members of the Association. 4.4 General Requirements. The Architectural Committee shall exercise its best judgment to see that all improvements, construction, landscaping and alterations on the lands within the Subdivision conform and harmonize with the natural surroundings and with the existing structures as to external design, materials, color, siting, height, topography, grade, landscaping and finished ground elevation. 4.5 Preliminary Approvals. Persons or associations who anticipate constructing improvements on lands within the Subdivision, whether they already own lands in the Subdivision or are contemplating the purchase of such lands, may submit preliminary sketches of such improvements to the Architectural Committee for informal and preliminary approval or disapproval, but the Architectural Committee shall never be finally committed or bound by any preliminary or informal approval or disapproval until such time as complete architectural plans are submitted and approved or disapproved. 4.6 Architectural Plans. The Architectural Committee shall disapprove any architectural plans submitted to it which are not sufficient for it to exercise the judgment required of it by this Declaration. 4.7 Architectural Committee Not Liable. The Architectural Committee shall not be liable in damages to any person or association submitting any architectural plans for approval, or to any owner or owners of lands within the Subdivision, by reason of any action, failure to act, approval, disapproval, or failure to approve or disapprove, with regard to such architectural plans. Any person or association acquiring the title to any property in the Subdivision, or any person or association submitting plans to the Architectural Committee for approval, by so doing does agree and covenant that he or it will not bring any action or suit to recover damages against the. Architectural Committee, its members as individuals, or its advisors, employees, or agents. 4.8 Written Records. The Architectural Committee shall keep and safeguard for at least five years complete permanent written records of all applications for approval submitted to it (including one set of all architectural plans so - 12 - 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 submitted) and of all actions of approval or disapproval and all other actions taken by it under the provisions of this instrument. ARTICLE 5 -- GENERAL RESTRICTIONS ON ALL LOTS 5.1 Zoning Re. Mations . Nor used lands by wiothin the any Subdivision shall ever be occupied nner which is contrary to the structure or purpose or in any terms of Resolution 98-11of � recorded in Book 1056 pageof County s952nofsthe of Garfield County, Colorado, , records of Garfield County, Colorado, ("Resolution e 98-11"), 8111")any b amendments thereto and such other uses that may permitted in the zone districts affecting the Subdivision of Garf field Garfield by County, County now or in the future zoningregulations Colorado, validly in force from time to time, except as the same may be allowed under said regulationssofaparagrapforming structure or use. Subject to the previsions Lot w the no lands within the Subdivision (including Subdivisions •410,1040ife‘` . y mini -, 5.2 No Minin• Drillin• or /u r 1 . for Nos quarrying, tunneling, excavating, or drilling any substance within the earth, including but not limited to, oil, gas, minerals, gravel, sand, rock, geothermal and earth, except for activities conducted under prior mineral reservations, agricultural, utility, water and septic purposes shall ever be permitted within the limits of the Subdivision. 5.3 No Business Uses. Except for residential uses and uses accessory thereto, no lands withn iagrhe eult bdi ision, shall evof er be occupied or used for any �n equestrian commercial ort business ye innor purpose noxious x� ous ut the activity consent and the Architectural Comms it saidn nothing shall be done or permitted to be done on any lands which is a nuisance or might become a nuisance to the owner or owners of any of said lands. No store, offal e bus or r o place any of non-agricultural commercial or p kind; nor any hospital, sanatarium, or other place for oy mentally; hecare or treatment of the sick or disabled physically any public theater, bar, restaurant, or other public place of entertainment; nor any church; shall ever be constructed, altered, or permitted to remain within the Subdivision. Nothing herein shall be deemed to prohibit recreational facilities or activities including without limitation, equestrian,home. nor any boarding and training, tennis, swimming, fgolf, uder Resolution 98-11, occupation provided the same is permittedUse Code in any amendments thereto or Mime he Garfield � me and furtherdpr vided such effect and as amended from use does not constitute a nuisance or violate any other provision - 13 - of this Declaration. 5.4 Signs. With the exception of one "For Rent" or "For Sale" sign (which shall not be larger than 20 x 28 inches) and except for one entrance gate sign of a style and design approved by the Architectural Committee, no advertising signs, billboards, unsightly objects, or nuisances shall be erected, altered, or permitted to remain on any tract in the Subdivision. The above-referenced "For Rent" or "For Sale" sign shall only be located, if permitted by the Architectural Committee, within the boundaries of a Lot. 4610L 5.5 Animals and Fencing. 4Except as approved by the Architectural Committee, which shall have the right to establish rules with respect to the keeping of pets and animals permitted by this Section, or as set forth herein, no animals or poultry shall be kept on Lots in the Subdivision. Notwithstanding the foregoing, however, each Owner may keep up to one (1) domestic dogs and/or up to two (2) cats per Lot, provided, however, that each Owners shall use their best efforts to prevent any dog from being a nuisance to any person, horse, or other animal within the Subdivision. Any animal which interferes with wildlife or the equestrian and/or farming operations within the Subdivision or any adjoining lands thereto shall be subject to removal or destruction by the Architectural Committee upon its finding of such interference or failure of the owner to properly control and/or restrain such animal. Horses may be kept in accordance with the rules established, from time to time, by the Architectural Committee, which may designate areas for the pasturing and housing of said horses. Pets shall not be allowed loose or unsupervised on any part of the Property and dogs shall be kenneled or within a fenced area and shall not be chained or tied outdoors. No pets shall be allowed in the Common Elements except as may be permitted by rules of the Board. No Owner shall allow his or her pet to enter the Common Elements except on a leash. After making a reasonable attempt to notify the Owner, the Association or any Owner may cause any unleashed pet found within the Common Elements to be removed by the Association (or any Owner) to a pound or animal shelter. Owners shall prevent their pets from soiling the Common Elements and shall promptly clean up any such soiling caused by their pets. Owners shall be fully responsible for any damage caused by their pets. When such conditions are created, the Owner may be assessed an amount for each separate incident (such amount to be determined by the Board from time to time) for cleanup expenses by the Board and the Board or any Owner may seek enforcement or other relief as permitted by law and by this Declaration. Upon the written request of any Owner the Board shall conclusively determine, in its sole and absolute - 14 - discretion, whether, for the purpose of this Section, a particular pet is a generally recognized household pet, or a nuisance. Any decision rendered by the Board shall be enforceable in the same manner as any other restrictions contained in this Declaration. The Board shall have the right to prohibit maintenance of any specific pet which constitutes, in the sole and absolute discretion of the Board, a nuisance. No grading shall take place nor shall any fence be. erected on any tract nor shall any change in any irrigation ditch or water structure take place which, in the judgment of the Architectural Committee, interferes with any agricultural activity in effect on the date of recording of this laratio or thereafter. (112.40.1;401 ctuk 5.6 Service Yards and Trash. All clothes lin equipment, campers, boats, trucks, trailers, service yards, woodpiles, or storage piles on any Lot in the Subdivision shall be kept screened by adequate planting or fencing so as to conceal them from the view of neighboring tracts and streets and access roads. All rubbish and trash shall be removed from all Lots, and shall not be allowed to accumulate and shall not be burned thereon except in burners approved by the Architectural Committee as to location, design, materials, and construction, and except at such hours of the day as shall be established by the Arc itec turdommitte --.,fir � t72. ? ,Q G� D4. 149 ischarge of Firearms. The discharge of not be permitted on any of the lands in the 5.7 firearms shall Subdivision. ARTICLE 6 -- RESTRICTIONS ON LOTS 6.1 Number and Location of Buildings. Except for buildings or structures in place on the date of recording this Declaration, no buildings or structures shall be placed, erected, altered, or permitted to remain on any Lot other than: 7 (a) re/Xj\ Q:49,11% One detached single-family dwelling house; and —� One guest or caretaker house (if permitted and approved under local zoning regulations); unless otherwise approved by local governmental authorities and the Architectural Committee, if a caretaker house, it shall be attached to or within either the principal dwelling house or an approved outbuilding; - 15 - (c) One attached or detached garage and one accessory building or structure. (d) With respect to Lot El, it shall be allowed to have all uses permitted in the R10-S.F.R zone district as established by Resolution 98-11, or under the Garfield County zoning ordinances in effect on the date hereof or as amended if less restrictive, shall also be permitted. 6.1 1 Prior to issuance of residential building permits, individual home design and grading shall be reviewed and approved by a certified engineer to insure that such construction and grading does not create any adverse impact on drainage throughout the Subdivision. All construction activity within Lots within the Subdivision shall be limited to the hours between 7:00 a.m. and 7:00 p.m. There shall be no individual sewage disposal systems within the Subdivision. 6.2 Dwelling House to be Constructed First. No guest house, caretaker house, garage, or other building shall be constructed on any Lot until after commencement of construction of the dwelling house on the same Lot. All construction and alteration work shall be prosecuted diligently, and each building, structure, or improvement which is commenced on any Lot shall be entirely completed within 18 months after commencement of construction. 6.3 Towers and Antennae. No towers or radio or television antennae or satellite transmission receiving antennae larger than twenty-four inches in diameter shall be erected on any Lot without approval of the Architectural Committee and shall be fully screened from view from adjacent properties. 6.4 Trees and Landscaping. No trees or brush growing on any Lot shall be felled or trimmed nor shall any natural areas be cleared, graded or formal lawn areas constructed, or landscaping performed on any Lot without the prior written permission of the Architectural Committee. Each owner of a Lot shall provide, prior to issuance of a building permit on said lot, financial assurances satisfactory to the Association for the costs of landscaping necessary to comply with the approved landscaping for said lot. 6.5 Tanks. No tanks of any kind shall be erected, placed, or permitted upon any Lot unless buried or if located above ground the location and screening shall be as determined by the Architectural Committee. 6.6 ❑sed or Temporary Structures. No used or - 16 - previously erected or temporary house, structure, house trailer, or nonpermanent outbuilding shall ever be placed, erected, or allowed to remain on any Lot, except, to the extent permitted by all applicable County regulations, during construction periods, and no dwelling house shall be occupied in any manner prior to its completion. 6.7 Exterior Lighting. All exterior lights and light standards on Lots shall be approved by the Architectural Committee for harmonious development and the prevention of lighting nuisances to other lands in the Subdivision and shall also fully comply with any applicable Garfield County li htin regulations. v ^ 6.8 Off -Street Parking. No dwel ing house shall be constructed on any Lot unless there is concurrently constructed on the same tract adequate off-street parking areas for at least four automobiles. 6.9 Dust Control. Each owner shall be responsible for ongoing dust control during construction on any Lot. All driveways and parking areas shall be paved. The Association shall take reasonable steps to insure minimal dust pollution. results from roads within the Subdivision which are not paved, and such roads may, in the discretion of the Association, be treated as necessary with magnesium chloride or other dust suppressants. The Association shall have the right to control dust on any Lot during its construction and assess the costs thereof against the respective owner if such owner fails to fulfill his responsibility for his individual dust control. 6.10 Weed Control. The Association may, in its discretion, implement and follow a program of noxious weed control which may address, the control and elimination of Canadian Thistle and other undesirable weeds. The Association shall have the right to enter upon any Lot d co u t a we control program within the area of such Lot. Cztri +5 6.11 Road Damage. Each owner of a Lot is responsible for any damage caused to the roadways within the Subdivision during the construction of improvements upon such owner's property by any vehicle or equipment belonging either to said owner or to any person or entity using the roads within the Subdivision while engaged in any activity benefitting said owner. Metal treads or other "lugged" tread or tired vehicles are not permitted to drive across the roads within the Subdivision, however, such equipment may access lands within the Subdivision on a trailer or flatbed vehicle as may be appropriate provided any damage resulting therefrom is repaired and paid for as provided herein above. Each owner shall also be responsible for any damage caused by utility cuts in roads, washouts and run off damage caused by failure to install culverts properly and in a timely manner as may be necessary in connection with the construction of improvements upon or any other uses made by such owner to his Lot. The Board shall have the right to establish, implement and enforce an impact fee system to allocate costs for road damage and general wear and tear on the roads within the Subdivision upon terms and conditions which said Board deems best in the interests of the members of the Association. Such impact fee system may include charges based upon "per vehicle", "per load", "per ton", or "per trip" calculations. Said system may also deny access to the Subdivision to any vehicle for which said impact fee has not been paid. The Board may also implement and enforce weight limits on the roads within the Subdivision. ARTICLE 7 -- RESERVED DEVELOPMENT AND SPECIAL DECLARANT RIGHTS 7.1 Addition of Unspecified Real Estate. Subject to those restrictions set forth in Section 222 of the Act, Declarant reserves the right for itself and any Successor Declarant at any time and from time to time to subject unspecified real property to the provisions of this Declaration. 7.2 Reservation of Withdrawal Rights. Declarant reserves the right for itself and any Successor Declarant at any time and from time to time to withdraw from the provisions of this Declaration individual Lots and/or Common Elements, provided, however, that none of the real estate may be withdrawn after a Lot has been conveyed by Declarant to a purchaser_ 7.3 Other Reserved Rights. Declarant reserves the right for itself and any Successor Declarant at any time and from time to time to: (a) complete any improvements indicated on the Plat for a period of twenty (20) years from the recording of this Declaration with the Clerk and Recorder, (b) maintain and relocate sales offices, management offices, signs advertising the Project and models, of any size, within one or more Lots and within the Common Elements so long as Declarant or Successor Declarant continues to be an Owner of a Lot or, if earlier, ten (10) years from the recording of this Declaration with the Clerk and Recorder, (c) to subject the Project to a master association for a period of five (5) years from the recording of this Declaration with the Clerk and Recorder, (d) to merge or consolidate the Subdivision with a common interest community of the same form of ownership for a period of five (5) years from the recording of this Declaration with the Clerk and Recorder, (e) to appoint or remove any officer of the Association or any Board member during the period of Declarant control, (f) to permit the owners of lots on the. St. Finnbar property adjacent to the Subdivision, their family members and up to two guests each 18 and up to an additional fifty people who are not owners of Lots, their family members and up to two guests each, the right to use the Common Elements and improvements and amenities constructed thereon, free from any costs or fees charged to such persons by the Association, except for charges for consumable items and personal services, if any are offered for sale. Declarant shall provide a list of the names of such persons to the Association from time to time. 7.4 Change in Allocated Interests. In the event Declarant or Successor Declarant exercises the right to add additional units or withdraw Lots as set forth above, the Allocated Interests of the resulting Lots after such expansion or withdrawal shall be adjusted prorata based upon the number of residential lots in the Subdivision remaining after the expansion or withdrawal. 7.5 Termination of Rights. The rights reserved to the Declarant for itself, its successors and assigns in this Article shall expire, unless sooner terminated as required by the Act, at the latest time provided in Section 7.3 of this Declaration unless such rights are (i) extended as allowed by law or (ii) reinstated or extended by the Association, subject to whatever terms, conditions and limitations the Board may impose on the subsequent exercise of the rights by Declarant. ARTICLE 8 -- EASEMENTS AND LANDS RESERVED 8.1 Utility and Irrigation Easements Reserved. Declarant hereby reserves to itself, its successors and assigns, perpetual easements ten feet in width: 1) on each side of the boundary line along the entire perimeter of each Lot and the Common Elements and within all other easements described on the Plat, for the purpose of constructing, maintaining, operating, replacing, enlarging, and repairing electric, telephone, water, irrigation, sewer, gas, and similar lines, pipes, wires, conduits, ditches, fences and within the Common Elements, trails for non -motorized recreational uses and equestrian riding trails. The precise location of said easements shall be identified in a recorded document after the establishment of any such facilities or trails. 8.2 Irrigation Easements_ Reservation. Declarant hereby reserves to itself, its successors and assigns, perpetual easements across all of the lands in the Common Elements along the line of all domestic water lines and irrigation ditches and laterals presently in existence or hereafter established for the purpose of constructing, maintaining, relocating, replacing and operating water supply systems or irrigation ditches and laterals and if the Architectural Committee so determines, to construct, - 19 - maintain and operate other irrigation systems including without limitation, sprinklered irrigation systems, all for the proper irrigation of all meadow lands or hay or equestrian fields in and adjoining the Subdivision or located on any tracts therein. Association shall have the obligation to irrigate all meadow lands at all reasonable times, to build and maintain fences and ditches so as to preserve and maintain their natural beauty. In the event Association does not so irrigate and maintain the Common Elements, Declarant shall have the right to do so and shall be reimbursed the cost thereof by the Association. In this regard, Declarant reserves to itself, its successors and assigns the right to irrigate all meadow lands within the Common Elements at all reasonable times, to build and maintain fences and ditches and relocate the same from time to time and to go on the Common. Elements for the purpose of carrying on such activities and irrigating such meadow lands or hay fields so as to preserve and maintain their natural beauty and to preserve the water rights associated therewith. 8.3 Easements for Private Roads. In addition to the easements and reservations set forth on the Plat, Declarant hereby reserves to itself, its successors and assigns perpetual easements across all roads within the Subdivision giving access to the Lots and the Common Elements as shown on the Plat or as may hereafter be established, together with the right of the Declarant to permit the use of said easements by the owner of the Equestrian Parcel for purposes of access, ingress, egress and the placement of utilities. ARTICLE 9 -- ENFORCEMENT 9.1 Enforcement Action. The Architectural Committee shall have the right to prosecute any action to enforce the provisions of all of this Declaration by injunctive relief, on behalf of itself and all or part of the Owners. In addition, each Owner and the owner of the Equestrian Parcel and/or the Association, shall have the right to prosecute any action for injunctive relief and for damages by reason of any violation of any provisions of this Declaration. 9.2 Limitations on Actions. In the event any construction or alteration or landscaping work is commenced upon any of the lands in the Subdivision in violation of any provision of this Declaration and no action is commenced within 180 days thereafter to restrain such violation, then injunctive or equitable relief shall be denied, but an action for damages shall still be available to any party aggrieved. Said 180 -day limitation shall not apply to injunctive or equitable relief against other violations of this Declaration. No bond shall be required to be posted by any party seeking to enforce the provisions of this Declaration against the owner of a Lot and all - 20 - of said owners of Lots hereby waive the requirement of posting a bond in such action. ARTICLE 10 -- INSURANCE 10.1 Insurance. The Association may purchase property insurance policies covering the. Subdivision, its Common Elements, utility systems, roads, easements, equipment, and other property that the Association, in its discretion, deems advisable. In addition, the Association may purchase commercial general liability insurance against claims and liabilities arising in connection with the ownership, existence, use, management or other activities related to the land shown on the Plat. The Association may purchase any other insurance policies it deems advisable. 10.2 Fidelity Insurance. If any Owner or employee of an Association controls or disburses funds of the Association, the Association must obtain and maintain, to the extent reasonably available, fidelity insurance. Coverage shall not be less in aggregate than two months' current assessments plus reserves, as calculated from the current budget of the Association. 10.2.1 Any person employed as an independent contractor by the Association for the purposes of managing the Subdivision must obtain and maintain fidelity insurance in an amount not less than the amount specified in Section 10.2, unless the Association names such person as an insured employee in a contract of fidelity insurance, pursuant to Section 10.2. 10.2.2 The Association may carry fidelity insurance in amounts greater than required in Section 10.2 and may require any independent contractor employed for the purposes of managing the Project to carry more fidelity insurance coverage than required in Section 10.2. 10.3 Insurance Premiums are Common Expenses. Premiums for insurance that the Association acquires and other expenses connected with acquiring such insurance are common expenses. ARTICLE 11 -- GENERAL PROVISIONS 11.1 Covenants to Run. All of the covenants contained in this Declaration shall be a burden on the title to all of the lands in the Subdivision and the Equestrian Parcel but only where specific burdens or obligations are imposed upon the Equestrian Parcel as stated herein in Sections 3.14 and 3.15, and the benefits thereof shall inure to the owners of all of the lands in the Subdivision, and the owner(s) of the Equestrian Parcel. - 21 - 11.2 Termination and Amendment of Declaration. The covenants contained in this Declaration shall terminate unless extended by Amendment, on or before November 1, 2055, or at the time of final and intentional corporate dissolution of the Association, whichever date shall first occur. This Declaration and/or the Plat may be amended by the owners of seventy percent (700} of the votes in the Association. A properly certified copy of any resolution of amendment shall be placed of record in Garfield County, Colorado, not more than six months after the date of said amendment. If the Declaration is so amended, then it shall continue in effect, as amended, for so long thereafter as may be stated in said amendment. Owners of Lots within the Subdivision hereby expressly waive any rights to enforce the provisions of the Development Plan pursuant to § 24- 67-106, C.R.S., except that all such modifications shall otherwise be subject to the procedures required by the Garfield County zoning or subdivision regulations, as appropriate to the modification. 11.3 Severability. Should any part or parts of the Declaration be declared invalid or unenforceable by any court of competent jurisdiction, such decisions shall not affect the validity of the remaining covenants. 11.4 Repeal of the Act. In the event that the Act is repealed, the provisions of the Act immediately before its repeal shall control this declaration. However, to the extent that the Bylaws of the Association differ.from the Act as repealed, the provisions of the Bylaws shall control. 11.5 Paragraph Headings. The paragraph headings in this instrument are for convenience only and shall not be construed to be a part of the covenants contained herein. weinberg\presh\decs.2 - END - - 22 - SEWER AGREEMENT WITH RANCH AT ROARING FORK FROM :HERBERT S KLEIN 970 728 3969 1999.09-22 1521.9 #5E9 P.02/23 SEWER SERVICE AGREEMENT (Preshana Farms Property) THIS AGREEMENT (this "Agreement") is executed as of this . day of September, fit, 1999, by and between the RANCH AT ROARING FORK HOME OWNERS ASSOCIATION, INC., a Colorado non-profit corporation (the "Ranch") and ASPEN EQUESTRIAN ESTATES, TLC, a Colorado limited liability company (the "Developer") (collectively, the "Parties"). RECITALS A. The Ranch is the homeowners' association for a residential community laiown as "The Ranch at Roaring Fork," located in the County of Garfield, State of Colorado (the "Ranch Property"). B. The Ranch owns and operates a wastewater treatment plant and related facilities appurtenances and collection Systems (the "Existing Facilities") on and about the Ranch Property for the benefit of the owners thereof. C. The Developer is the owner of certain real property located in the County of Garfield, State of Colorado, as is more particularly described in Exhibit A attached hereto and incorporated herein. by this reference (the "Developer Property"), which Developer Property lies adjacent to the Ranch Property. D. The Developer is in the process of subdividing and platting the Developer Property, and in connection therewith, the Developer needs to obtain certain governmental approvals and permits; in order to obtain such approvals and permits, Developer must demonstrate that wastewater collection and treatment services ("Sewer Service") will be available to the Developer Property. E. The Developer has requested, and the Ranch has agreed to provide such Sewer Service to the Developer Property, and the Parties desire to set forth their agreement regarding the terms, covenants and conditions under which such Sewer Service will be provided, NOW, THEREFORE, for and in consideration of the premises and the im tual covenants hereinafter set -forth, the Parties agree as follows: 1. cture p v ost Allocation. alo pr vement Project and Deve�,er ollec-tion Sv em • Portions of the Existing Facilities need to be improved, replaced or upgraded and, in the process, can be expanded in order to provide Sewer Service to the Developer Property (the "Improvement Project"). The cost of the Improvement Project shall be borne by the Ranch, contingent upon receipt of the tap fees identified in Sections 13b(1) and 13b(2) below. In addition to the WA" 1012,M15C4K7L01f.DOC 9915.020 01212,1T v] 1 FRGM :HERBERT 5 hLE I N 970 728 3069 1999.09-22 15:19 #669 P.03/23 Improvement Project, a sewage collection system (the "Developer Collection System") will need to be designed and constructed on and about the Developer Property, including but not limited to, collection and individual service lines and other facilities and appurtenances, and a connecting -line will need to be designed and constructed within the Ranch Property ("Connecting Main"), in order to provide Sewer Service to the Developer Property, The Developer Collection System and the Connecting Main shall be designed, engineered and constructed at Developer's sole cost and expense. b. Connecting Mme, The Connecting Main will need to be designed and constructed within the Ranch Property to connect the Developer Collection System, to the main ("St. Finnbar Main") to be installed by St. Finnbar Land Company ("St. Finnbar") which, in turn will connect with the nearest existing main on the Ranch Property in the cul de sac at the end of Stagecoach Lane. The Connecting Main is expected to traverse through the easement described in the Agreement, Easement Grant and Mutual Release dated June 28, 1986, recorded in Book 697 at Page 616 of the Garfield County real estate records ("Usage Easement") ("Developer Usage Portion") and connect with the St. Finbar Main which will traverse through the easement owned by St. Finnbar along the south liar of Lot 13, Ranch at Roaring Fork, Phase 5 and through the cul de sac where the existing Ranch main is located. As provided in Section 4b hereof, Developer will be required to pay to St. Finnbar the "Preshana Share" of St. Finnbar's maintenance costs for the St. Finbar main. The Connecting Main shall be owned and operated by the Ranch but shall be designed, engineered and installed and thereafter maintained, repaired and replaced at the cost and expense of Developer, acting as agent for the Ranch and subject to the direction and approval of the Ranch in the exercise of its reasonable discretion. Developer shall indemnify and hold harmless the Ranch from all loss, cost, damage and expense, including, without limitation, attorneys fees, arising out of the design, engineering, installation, maintenance repair or replacement of thc Connecting Main by Developer. The Connecting Main shall, at some accessible point, have manhole access and a means to shut off effluent entering the existing Ranch system. If the Ranch or Developer as agent for the Ranch are prevented from installing the Connecting Main as a result of any temporary or permanent order of any court of competent jurisdiction, Developer shall have the right to terminate this Agreement by written notice to the Ranch given, before the Ranch has contracted for construction of the Improvement Project, in which case any payment by Developer of tap fees under Section 13 below shall be refunded to Developer and both parties shall be released from any further obligations hereunder. The Developer shall have until July 1, 2000 to install the Connecting Main. Until that date, the Ranch agrees not to contract for any construction of tale Irxlprovement Project, the costs of which would be the obligation of the Developer if it terminates this Agreement pursuant to this provision. 11AH©LVN1S ,4K71,o1!.);}W 991$.0288 #212817 r1 2 FROM :HERBERT S VLE1N 970 728 3069 2. Project Design and Construction. 1999.09-22 15:22 #569 P.04/23 a. McLaughlin Role. The Developer acknowledges that McLaughlin Water Engineers, Ltd. ("McLaughlin"), water engineer for the Ranch, shall design, engineer, and supervise construction of the Improvement Project. Developer shall be entitled to retain either McLaughlin or its own engineer or engineers, at its sole expense, to design, engineer and supervise construction of the Developer Collection System and the Connecting Main; provided that, McLaughlin, on behalf of the Ranch, and at Developer's sole cost up to, but not exceeding 55,000 (57,500 if a lift station is required), shall have rights to (i) review and, based on reasonable grounds, approve and/or disapprove of the design and engineering plans produced by Developer's engineers, and (ii) inspect construction of the Developer Collection System and the Connecting Main. If McLaughlin disapproves of the Developer Collection System or the Connecting Main, it shall specify the changes necessary to allow approval. b. Froiect Design and Construction. Ranch agrees to cause McLaughlin to finalize its engineering studies and produce a final design for the Improvement Project, inclusive of detailed cost estimates (the "Project Design"). Upon delivery of the Project Design to the Ranch, the Ranch shall deliver same to Developer for its review and comment. Developer shall have twenty (20) calendar days to deliver any comments or suggested changes to the Ranch, in writing. The Ranch covenants to give reasonable consideration to such comments or suggested changes, but reserves the right to approve the Project Design in its sole discretion. Upon the Ranch's approval of the Project Design, and upon receipt .from Developer of the tap fee amounts specified in Sections 13b(l) and 13b(2) below, and upon satisfaction of the conditions in Sections 14a and 14b below the Ranch shall construct, or cause to be constructed, the Improvement Project.. Developer shall construct, or cause to be constructed, the Developer Collection System and the Connecting Main. The Ranch and the Developer shall each be responsible for obtaining, at their respective cost, all required permits and approvals for performance of their respective construction obligations. All such construction shall be in accordance with applicable laws, building codes and regulations, as well as being in accordance with plans and specifications approved by McLaughlin. The Developer shall construct and install, or cause to be constructed and installed, at its sole cost and expense, service lines to serve individual units within the Developer Property. 0. Completion Date for InnrrovementProject. The parties hope that the Improvement Project will be completed in 2000 but understand that there could be delays that would make this not possible. If, however, the Improvement Project is not completed by December 31, 2001, the Developer may, at its option, terminate this Agreement by written notice to the Ranch given before completion of the Improvement Project in which case any payments by Developer of tap fees under Section 13 below shall be refunded to Developer and both parties shall be released from any further obligations hercuudcr, If, however, the conditions contained in Sections 13 and 14 of this Agreement have been satisfied and the failure to complete the improvement Project by December 31, 2001 is due to unreasonable delay within the control of the Ranch, Developer may bring an action for specific performance by the Ranch of its obligations hereunder. The remedy of specific performance shall be in lieu of termination of this Agreement and return of tap fees paid hereunder. 'HAHOLUISC 4K7L01!.DOC 99t3.02811 0212617 v3 3 FROM :HERBERT 5 VLEIN 970 728 3059 1999.09-22 15:20 M669 P.05/23 d. Ittteadi_Service to Developer Property. If requested in writing by Developer on or after August 15, 2000, or such earlier date as the Ranch may elect to do so, the Ranch shall offer to provide Developer with Sewer Service for up to 14 EQRs on the Developer Property pending completion of the Improvement Project ("Interim Sewer Service") utilizing existing capacity of the Ranch's Existing Facilities but only to the extent such service is not utilized by St. Finnbar Land Company. Interim Service shall actually be provided only to the extent tap fees have been paid and only after satisfaction of the conditions precedent in Sections 11 and 14 below. If interim Service is commenced, this Agreement will govern as to the EQRs served notwithstanding any termination of this Agreement for failure to complete the Improvement Project or for any other reason. 3.v cense. Upon execution hereof, the Ranch, McLaughlin, and their contractors, agents and consultants shall have the right, after reasonable advance notice to Developer, to reasonably enter upon the Developer Property, at the expense of the Ranch for the limited purposes of inspecting, testing and won -lining the Developer Property in connection with the design and construction of the Improvement Project (the "Design/Evaluation License"). To the extent reasonably possible, such entry shall utilize roads and driveways in place on the Developer Property and avoid any homes and improved areas, wetlands and wildlife sensitive areas. The Design/Evaluation License shall expire upon completion of the Improvement Project. The Design/Evaluation License is distinct from and different than the inspection and other rights under Sections 2a, 4a and 9 of this Agreement. 4. Easements. a. Developer Collection System Easement. Upon commencement of construction of the Developer Collection System, the Ranch shall have an easement (the "Developer Collection System Easement") which shall (i) only be subject to such title matters and burdens that would not materially impair, limit or interfere with the Ranch's exercise of any of its rights thereunder; (ii) allow the Ranch and its contractors, consultants, licensees, employees and agents, upon reasonable notice, to enter upon the portion of the Developer Property containing the Developer Collection System and, if reasonably necessary in order to access the Developer Collection System, to enter upon adjacent portions of the Developer Property (such entry, to the extent reasonably possible, to utilize roads and driveways in place on the Developer Property and to avoid homes and improved areas, wetlands and wildlife sensitive areas); and (iii) be used to monitor and inspect the Developer Collection System and, as provided in Section 9 below, if the Rules and Regulations have been violated or Developer has been negligent or untimely in performing its obligations hereunder, be used by the Ranch to maintain, operate, repair, replace and clean the Developer Collection System. b. CenneetignAQattyjnatarAgis Developer (the "Preshana Owner") shall connect into and use, for sewer service to the Preshana Property, that portion ofthc St. Finnbar Main installed by St. Finnbar in the casement owned by St. Finnbar in Lot 13, Ranch at Roaring Fork, Phase 5 and the cul de sac west of Lot 13 (tile "Preshana Joint Use Portion"). Such connection and use shall be at the sole cost and expense ofthc Preshana Owner, At the time of any such connection, and as a condition precedent to commencement of service to the Preshana Ii[ANOL' 14I{71.U1!11QC 9915.02H N2125:7v3 4 FROM :HERBERT S b<LE I N 970 728 3069 1399.09-22 15:20 *669 P.06/23 Property, the Preshana Owner shall pay to St. Finnbar the Preshana Share, as hereinafter defined, of the costs to St. Finbar of installing the portion of the St. Finnbar Main within the Preshana Joint Use Portion, The Preshana Owner shall pay to St. Fmnbar the Preshana Share of the costs to St. Finbar of maintaining, repairing and replacing the portion of the St. Finnbar Main within the Preshana Joint Use Portion ("St. Finbar Maintenance Costs") and shall be solely responsible for any loss, cost, damage or expense caused by the Preshana Owner and for any breach of, or default under, the Agreement between the Ranch and St. Finnbar dated August 4, 1999 ("St Finnbar Agreement") caused by the Preshana Owner. The "Preshana Share" shall mean the proportion which thc EQRs on the Preshana Property connected to the Preshana Joint Use Portion, bears to the total EQRs connected to the Preshana Joint Use Portion. The "Preshana Property" shall mean that certain real property located in Garfield County, Colorado, bounded on the west by the Ranch Property, on the south by the Developer Property, on the north by Colorado State Highway 82 and on the east by Catherine Store Road. The Ranch may shut off sewer service to Developer if Developer at any time fails, after appropriate notice and right to cure, to pay Preshana's Share of any St. Finbar Maintenance Costs required to be paid to St. Finnbar. Under any such provision, the Ranch will, after notice and right to cure, shut off sewer service to Developer at the written request of St. Finnbar until Developer pays Preshana's Share of St. Finbar Maintenance Costs required to be paid to St. Finnbar provided, however, that thc Ranch is satisfied that Developer has, after notice and right to cure, clearly breached its obligation to pay the Preshana Share of St. Finbar Maintenance Costs required to be paid to St. Finnbar and provided also that St. Finbar agrees in writing, in form and substance satisfactory to the Ranch, to indemnify the Ranch against any loss, cost, damage or expense, including attorney's fees, arising as a result of the shut off of service to Developer. S. Rules and Regulations. The Ranch has advised Developer, and Developer acknowledges and agrees, that the Ranch is not, and does not hold itself out as, a public or private utility or as a governmental or quasi -governmental entity. The Ranch, acting through the Committee referred to in Section 8 below, shall have, in perpetuity, the right to establish and amend, from time to time, the rules and regulations under which Sewer Service will be provided to the Ranch Property and the Developer Property and/or other users of the Sewer Service which rules and regulations shall be applicable also to residential users who are members of the Ranch. A copy of the Ranch's initial rules and regulations is attached hereto as Exhibit B (the "Rules and Regulations"). The Ranch's discretionary power and right to establish and amend such Rules and Regulations is subject to the limitation that the Rules and Regulations shall not be amended to treat the Developer Property differently than the Ranch Property except as provided in this Agreement or to unreasonably, materially and adversely (a) affect the provision of Sewer Service to Developer, (b) increase Developer's costs for such Sewer Service, except increases which are comparable to increases for single-family homeowners within the Ranch, or (c) materially alter Developer's rights under this Agreement, 6.Developere d v =AL Developer expressly consents to the recordation of this Agreement in the real property records of the County of Garfield, State of Colorado. Developer agrees that it shall, prior to conveying fcc simple title to any portion of the Developer Property to a third party, cause to be recorded in the real property records of the IHnuOr w T5c I, n,011.DOC 9915,028a X2128171/3 5 FROM :HERBERT 9 KLE I N 970 728 3099 1999.09-22 19:21 g669 10.07/23 County of Garfield, State of Colorado, declarations and covenants (the "Declarations and Covenants"), which, insofar as they relate to or may affect this Agreement or the rights and obligations of the parties hereto, shall be in form and substance reasonably satisfactory to the Ranch and its legal counsel. The Declarations and Covenants shall be binding upon Developer, the Developer Property and all subsequent owners thereof and will, at a minimum, (1) contain a separate section entitled "Sewer Service Disclosure" which will identify the Ranch and refer to this Agreement, including the Book and Page of the Garfield County real property records at which this Agreement is recorded and note that the provision of Sewer Service to the Developer Property is subject to this Agreement; (ii) contain a provision to the effect that Sewer Service to the Developer Property is provided by the Ranch which is a private homeowners' association entitled to establish rules and regulations for the provision of such service but which is not subject to rules or regulations affecting public utilities; (iii) expressly require the acceptance by the homeowners' association for the Developer property (the "Developer Property Association"), without vote or other approval, of an assignment of this Agreement and assumption by the Developer Property Association of each and all of the Developer's obligations and rights hereunder; and (iv) provide for the formation of the Developer Property Association with lien and assessment rights and the power to enforce such lien and assessment rights sufficient to allow the Developer Property Association to meet its obligations hereunder, including the power to levy and collect assessments for such purpose without the need for member approval. 7. Deveto cr's Successors and Assigns. It is expressly agreed between the Ranch and the Developer that this Agreement creates a master service relationship between the Ranch and the Developer, any Successor Developer, as hereinafter defined, and, ultimately, the Developer Property Association. Although this Agreement shall be binding upon Developer's successors and assigns, this Agreement is not intended to, nor does it, nor shall it at any time, create a contractual relationship between the Ranch and any party other than Developer, a Successor Developer and the Developer Property Association. Only Developer, a Successor Developer and the Developer Property Association shall have the right to enforce this Agreement or to make any claim or have any cause of action against the Ranch or any of its officers, directors, members, attorneys, consultants or employees arising from or on account of this Agreement. Developer may not assign this Agreement or any portion thereof to any other person or entity, and any such attempted assignment shall be void and of no effect provided that, (1) Developer shall be entitled, prior to creating the Developer Property Association, to assign this Agreement, in its entirety to a purchaser of all, but not less than all, of the Developer Property described on Exhibit A (a "Successor Developer"); and (ii) Developer or any such Successor Developer shall assign Developer's rights hereunder and delegate Developer's duties hereunder to the Developer Property Association created pursuant to the Declarations and Covenants, which will be recognized by the Ranch as Developer's successor -in -interest and shall succeed to the entirety of Developer's contractual rights and obligations hereunder. Owners of a lot or unit or other portion of the Developer Property shall be bound by the terms of this Agreement but shall have no direct rights to enforce this Agreement or make any claim or have any cause of action against the Ranch under this Agreement. The Developer Property Association shall at all times represent and be the only party entitled to act for such owners and all actions of the Developer Property Association shall be binding on such owners. uiAHOUI 9SC14K'+L1}I!.Dore 9915.0288 #212817 v3 6 FROM :HERBERT S kLE I N 970 728 3069 1999.09-22 15:21 #669 P.06/23 8.ystenl Manag t and Modifi ^tion g�I117.y LVII of J cial Dist `1 A Wastewater Systems Management Committee (the "Committee") shall be established to which the Ranch Board shall, so long as this Agreement remains in effect, delegate all decisions regarding (a) the alteration, modification, reconstruction or replacement of the sewer system and/or wastewater treatment plant, (b) establishment of rates, tap fees, sewer charges, rules and regulations and future connections to the sewer system (excluding existing commitments of the Ranch) which decisions shall be subject to and consistent with the terms ofthe agreements, including this Agreement, between the Ranch and third parties to whom the Ranch is required or authorized to provide wastewater treatment service. Initially, the Committee shall consist of three (3) members, one appointed by the St. Finnbar, one by the Preshana and one by the Ranch homeowners associations with each member having a number of votes equal to the number of EQRs for which tap fees have been fully paid with respect to their respective properties. All decisions of the Committee shall be by majority vote. Should another entity obtain sewer service from the Ranch, the Committee shall have one (1) additional member appointed by each such entity which additional member shall have a number of votes equal to the number of EQRs for which tap fees have been fully paid with respect to such entity. The Committee shall not act m a manner which would impair sewer service to the Developer's Property, the Ranch and, if applicable, any such other entity other than for periods of time reasonably required for work affecting the system and upon reasonable notice to all parties except in cases of emergency, where advance notice shall not be necessary. The discretionary power of the Ranch or Committee, as the case may be, is subject to the limitation that they shall not treat the Developer Property differently than the Ranch Property except as provided in this Agreement or so as to unreasonably, materially and adversely (a) affect the provision of Sewer Service to Developer, or (b) increase Developer's costs for such Sewer Service, except increases per EQR which are comparable to increases per EQR for owners within the Ranch. The Ranch also reserves the right, in its sole and absolute discretion, to organize a special district and to assign its rights and delegate its duties hereunder to such a special district andlor to any governmental or quasi - governmental entity, in which event all functions ofthe Committee shall be assumed by the District. In connection with the organization of such special district or the assignment and/or delegation ofthe Ranch's rights and obligations hereunder to a governmental or quasi - governmental entity, the Developer covenants on behalf of Developer and Developer's b.cirs, successors and assigns, (except to the extent, if any, prohibited by law) to reasonably support such organization and/or to reasonably consent to such assignment and/or delegation and to lend all assistance reasonably required by the Ranch in connection therewith, notwithstanding that the Developer Property may be within Or without the boundaries of such special district or governmental or quasi -governmental entity; provided that the Developer Property is included in the service area of such district or entity or otherwise is assured of sewer service from such district or entity on terms which are no less favorable to the Developer Property than the terms of this Agreement except to the extent that terms applicable to the Ranch Property are also comparably less favorable. 9. System Maintenar re and Cost Allocation. The Ranch shall performs or cause to be performed all maintenance, repairs, replacements, cleaning and monitoring of the wastewater treatment plant and all portions of the sewer system, as the same may be expanded or modified after the date hereof, excluding the Developer Collection System and the Connecting Main which shall be maintained, repaired, replaced, cleaned and monitored by Developer at its sole 1NAHOLIMrsOly[7LOI .DOC 95,15.o2R8 *212817 v3 7 FROM :HERBERT 8 KLEIN 970 728 3089 1999.09-22 18:22 #569 P.09/23 cost and expense. With respect to the Developer Collection System, if and to the extent that the Rules and Regulations have been violated by Developer or Developer has been negligent or untimely in performing Developer's obligations, the Ranch, upon giving prior notice to Developer may (but shall not be obligated to) enter upon the Developer Property to operate, maintain, repair, replace, clean and/or monitor the Developer Collection System at Developer's sole cost and expense; provided that, in the event of emergency, no prior notice of entry need be given. 10. Ownership of Improvements. The Ranch shall own the wastewater treatment plant and all portions of the sewer system lying within the Ranch Property, including the Connecting Main. The Developer shall own the Developer Collection System. 11. Conditions Pres ent to Provision of Service. Developer expressly acknowledges and agrees that the following shall constitute conditions precedent to both the Ranch's obligation to provide the Sewer Service described herein and to the Ranch's allowing any sewer taps to be connected on the Developer Property. a. Service Charge Reserve. Developer shall have delivered to the Ranch and shall thereafter maintain a six (6) months' service charge reserve, calculated in accordance with the Ranch's Rules and Regulations and the formula set forth in Section I3d below, and based on the larger of (i) the minimum of 56 EQRs committed to hereunder or (ii) the number of EQRs which have actually been connected. Developer acknowledges and agrees that such service charge reserve may be applied by the Ranch to satisfy any delinquency or default hereunder and covenants to maintain such service charge reserve with the Ranch for so long as Sewer Service is provided hereunder. To the extent such service charge reserve is drawn down or applied to any delinquency or default, Developer shall promptly replenish the funds drawn down or applied. Developer shall add to the service charge reserve as necessary to reflect increases in the number of EQRs connected and to reflect increases in service charges over time. The Ranch shall keep the service charge reserve in an interest-bearing account at a bank or other financial institution in which it maintains one or more of its own accounts and shall pay the interest credited to the account to the Developer at least annually to the extent the funds in the service charge reserve, after the payout of such interest, are at least equal to the amount then required to be maintained in the service charge reserve. b. Activation of Developer Property Association. The Developer's Declarations and Covenants as hereinabove described shall have been recorded in the real property records of the County of Garfield, State of Colorado, and the Developer Property Association described therein shall have been formed, commenced to operate and assumed the obligations under this Agreement. c. [Intentionally Omitted.) d, Payment of Tap Fees, The Developer shall have paid and/or reiAabursed to the Ranch all tap fees and other fees and costs required hereby and by the Ranch's Rules and Regulations. 4 061r1OVAIlSC 4K71.:oV..DOC 99915.O281i tU212817 v3 8 FROM :HERBERT S KLEIN 970 729 3069 1999.09-22 15:22 #669 P.10,23 e. Performance by Developer. The Developer shall have performed or caused to be performed such acts or actions as may be required by law, by this Agreement or as may reasonably be required by the Ranch's engineers, as necessary conditions to the connection of taps on the Developer Property. f. Tap Fees. Tap fees payable pursuant to Section 13b have been paid and the conditions set forth in Sections 14a and b have been satisfied. 12. Lien Rights, Disconnection Rights and Other Rights of the Ranch. a. Sewer Service Tien_ In consideration of the Ranch entering into this Agreement and in order to secure the payment and performance of the obligations of Developer hereunder, the Developer, on behalf of Developer and Developer's successors and assigns, hereby grants to the Ranch and its successors and assigns a perpetual lien upon the Developer Property (the "Sewer Service Lien"). The Sewer Service Lien shall run with the Developer Property and shall be binding upon and enforceable against the Developer and each and all of Developer's successors and assigns. After notice to Developer and a 30 -day right of cure by Developer, the Sewer Service Lien may be foreclosed and/or executed or realized upon by the Ranch as a mortgage, or by any other means authorized under the applicable laws of the State of Colorado. The Sewer Service Lien shall be prior and superior to any other lien or encumbrance upon the Developer Property, excepting only the lien for ad valorem real property taxes; provided that, the Sewer Service Lien shall be junior to the lien of any first mortgage or first deed of trust on any part of the Developer Property taken in good faith and for value and perfected by recording in the office of the Clerk and Recorder of Garfield County, Colorado, prior to the time of recording by or on behalf of the Ranch of a specific notice of lien claim. b. Disconnection for Default. The Ranch expressly reserves, and the Developer hereby grants to the Ranch, the right, after notice to Developer and failure of Developer to cure the default by the expiration of -the Cure Period as hereinafter defined, to disconnect the Developer Property or any portion thereof from service or to discontinue providing service to the Developer Property or any portion thereof in the event any charges, costs or fees payable hereunder or under the Rules and Regulations of the Ranch are not timely paid, or in the event of any other violation of this Agreement or the Ranch's Rules and Regulations by Developer or Developer's successors or assigns or any owner or occupant of the Developer Property, The "Cure Period" for purposes of this section shall mean, for a monetary default, 60 days and, for a non -monetary default, 60 days plus such additional time as Developer is diligently proceeding to cure the default, in each case, extended until conclusion of any arbitration under Section 22 below which is commenced prior to disconnection of service. in the event of reconnection to the system or the continuation of service, Developer shall pay the costs and expenses thereof. c. Individual Lien for Sewer Charges. Upon payment in full of all sums due the Ranch under Sections 13b(1) and (2) below and 11a above and the platting of the Developer Property into legally subdivided lots or parcels of land, the Ranch's remedies of a Sewer Service Lien and disconnection set forth in 12a and 12b above shall apply in each instance: (i) only to the separate lot or parcel of land that is in default with respect to nonpayment of service charges VIIA110125.115\4.K71011.130C 9915.02911 9212917 v3 9 FROM :HERBERT S KLEIN 970 729 3059 1999.09-22 15:23 Zt699 P.11/23 including capital costs provided that the Developer Property Association shall designate in writing to the Ranch the particular lot or parcel that is in default, and (ii) to the entire Developer Property with respect to any obligations under this Agreement other than nonpayment of service charges including capital costs. d. Controls on Developer Property and Use of Sewer Facilities. Developer shall not (i) use any sewer tap on the Developer Property for any purpose other than providing service to a single-family residence and any related Caretaker Unit, as hereinafter defined, or Outbuilding, as hereinafter defined (e.g., no commercial uses other than unobtrusive home occupations shall be allowed) or (ii) permit or allow to occur occupancy of any of such single- family residence or Caretaker tinit by a number of persons which exceeds any applicable statute, rule, ordinance, regulation or the design capacity of such residence or Caretaker Unit or (iii) permit or allow to occur infiltration of the sewer system by ground or seepage water or (iv) permit or allow use of the sewer system for disposal of any wastes which are not usual and customary in connection with single family residential use; provided, however, that the ancillary amenities for the primary benefit of the residential owners on the Developer Property which are described on Exhibit C, attached to and incorporated in this Agreement shall be allowed; and further provided that, uses allowed under Developer's developer approvals and zoning designation shall be allowed which are residential or ancillary to residential use, and which do not result in requiring wastewater treatment service with respect to the Developer Property for an aggregate of more than the 120 EQRs provided for herein, subject to the capacity and ability of the wastewater system to serve those uses and subject to the approval of the Ranch and Committee, in their discretion. It is understood that the banquet facility, equestrian center and barn may be used by the general public to the extent not used by residential owners. Developer and its successors and assigns shall not be responsible for any violation of the foregoing requirements by St. Finnbar or owners of lots or units on the St. Finnbar Property. 13. Lees. Charees and Payment Thereof. a. EORs to 12e Served. Developer hereby agrees to purchase and, subject to the terms and conditions hereof, the Ranch berehy commits to sell to Developer sewer taps for not less than 56 nor more than 120 EQRs. For purposes of this Agreement, one "EQR" shall equal a single-family residence ("Residence") with up to three (3) bedrooms and two (2) bathrooms or Half Baths; each Caretaker Unit (as hereinafter defined) shall equal 0.4 EQR; each additional bedroom, bathroom, or Half Bath of the Residence or Caretaker Unit as well as an Outbuilding bathroom or Half Bath (as hereinafter defined) shall equal two-tenths (0.2) EQR. The addition of bedrooms and/or baths with a service demand of less than one-half (.5) EQR shall require the payment for one-half (5) EQR, and EQRs must be purchased in bailor whole Dumber increments provided that, partial EQRs required to serve a Residence, Caretaker Unit and/or Outbuilding may be aggregated together and with any pre-existing EQRs of -the associated Residence for purposes of determining service requirements hereunder. For purposes hereof, the term "Caretaker Unit" shall mean a dwelling unit, located on the lot or parcel containing the Residence, whether attached to or detached from a Residence uscd by the family inhabiting the Residence, such family's guests employees, and/or tenants and containing no more than one bedroom and no more than one bathroom or Half Bath. For purposes hereof, the term "Half- Bath" HallBath" shall mean a toilet and wash basin and an "Outbuilding" shall mean a non -dwelling unit EA1441.‘riffs 41i7LOI LDDC 9915.0288 IC 17817 v3 10 FROM : HERBERT S KLE I N S78 728 30GS 1999.09-22 19:23 #999 P.12/23 associated with, but detached from a Residence or Caretaker Unit. For purposes hereof, EQRs for the ancillary amenities and other uses on the Developer Property shall be defined and calculated in accordance with Exhibit C. b. Payment of Tap Fees. Developer shall pay to the Ranch tap fees equal to Seven Thousand Five -Hundred Dollars ($7,500) per EQR. Developer agrees to pay or cause to be paid the tap fees as follows: Agreement. (1) $262,500, representing 35 EQRs 120 days after the date of this (2) $157,500, representing 21 EQRs, on or before the commencement of construction of the Improvement Project_ Al Developer's election, payments under subsections (1) and (2) may be placed in escrow with Alpine Bank pursuant to escrow instructions providing for disbursement of such payments to the Ranch solely for design, engineering and construction of the Improvement Project as authorized by McLaughlin; provided that, such escrow instructions shall be prepared at the cost of Developer and agreed to in advance by the Ranch and all costs and fees of the escrow agent and the escrow shall be borne by Developer. Approval of any such escrow agreement by the Ranch shall not be unreasonably withheld or delayed. The escrow agreement may provide that the escrowed funds shall be placed in an interest-bearing account with interest earned to be paid to Developer. (3) S7,500 for each additional EQR (not to exceed 64 additional EQRs in the aggregate) on or before the date upon. which the service for such EQR is requested by Developer. Developer acknowledges and agrees that once made, the payments under subsections (1), (2) and (3) above shall be deemed fully earned by the Ranch and shall not be refundable under any circumstances, except if this Agreement docs not become effective for failure to satisfy the conditions precedent set forth in Sections 14a and b or is terminated as provided in the last paragraph of Section lb or as provided in Section 2c. c_ Time Limits for Purchase and Connection of Taps. The Ranch agrees that the $7,500 per EQR tap fee shall remain in full force and effect for a period of five (5) years commencing on the date hereof. After the expiration of such 5 -year period, (i) the Ranch shall have no obligation to provide any unpurchased taps to Developer, and (ii) service for additional EQRs shall be determined by the Ranch in its discretion. Any taps purchased hereunder must be connected and put into service by December 31, 2020. Thereafter, the Ranch will have no obligation to allow connection of, or to provide Sewer Service for, taps not put into service by such date or to provide additional taps except to the extent of then existing unused and uncommitted available capacity. d. Service Charges. The Developer shall pay service charges in accordance with the Rules and Regulations promulgated by the Ranch from time to time; provided that the service charges per EQR payable by Developer shall be determined in accordance with the following formula: '$1AHOLaMLSCAK.7L01!110C 9915.01111 #212817 v3 11 FROM :HERBERT S KLEIN 970 728 3069 1999.09-22 15:24 #869 P.13/23 Aggregate cost of operation, maintenance and repair of the sewer system divided by the total number of EQRs connected to the sewer system x 1.25 = service charge per EQR connected on the Developer Property. For purposes of determining service charges, the costs of the Improvement Project and Capital Costs, as hereinafter defined, shall not be included and costs for insurance and such other items as are customary and necessary to the continued operation of the sewer system shall be included, including costs incurred in good faith which might be found to be avoidable or excessive. Costs of service or other fees or charges in the future to Developer shall be based on actual costs and experience in operating, maintaining and repairing the Ranch's sewer system. Except as otherwise provided herein, no additional charges for operation, maintenance, etc. of the Ranch's sewer system shall be payable by Developer. e. Capital Costs. For purposes of this Agreement, the term "Capital Costs" shall mean and include costs and expenses of whatsoever kind or nature suffered or incurred in connection with installing or replacing Common Facilities and major or extraordinary expenditures for repair and maintenance of Common Facilities, except that the costs of the Improvement Project shall not be included, The term "Common Facilities" shall mean and include all portions of the Ranch's sewer system, on the Ranch Property, including without limitation the wastewater treatment plant, all mains, lift stations and other facilities and appurtenances, but excluding service lines to provide service to individual users, and excluding facilities which never handle or treat sewage from the Developer Property, and excluding the Connecting Main. Developer hereby covenants and agrees to pay to the Ranch the Developer's Share of Capital Costs for Common Facilities. Developer's Share of Capital Costs shall be due and payable within a reasonable time after receipt of a written billing from the Ranch. "Developer's Share of Capital Costs" shall be the proportion which the number of EQRs on the Developer Property for which tap fees have been paid, whether or not the EQRs have been connected, is of the total number of EQRs connected to the Ranch sewer system. f. EQRs Attributable to Ranch Pro ty. Developer acknowledges and agrees that, under the Ranch's governing documents, assessments of dwelling units are equal and therefore each dwelling unit now or hereafter existing on the Ranch Property (whether the same is a condominium, townhome or detached residence) will be deemed to equal one EQR for all purposes, in perpetuity. Developer further acknowledges and agrees that the Ranch shall be entitled, in its sole and absolute discretion, to determine the number of EQRs to be charged andlor allocated to commercial users of the Ranch's sewer system. 14. Conditions Precedent to Conlinuine Effectiveness of Agreement. The following shall constitute conditions precedent to the Ranch's obligation to perform hereunder: a. Financing Availability. The Ranch obtaining a substantially unconditional loan commitment, on terms satisfactory to the Ranch, for financing up to 5600,000 to cover costs of the Improvement Project other than the tap fees payable by the developers of the Presbana and fiDLLMISCI4K7L0I [DOC 9Y15.021* 2212417 v! 12 FROM :HERBERT S VLEIN 970 728 3069 1999.09-22 15:24 *569 P.14/23 St. Finbar properties ("Financing Condition"). The target date for satisfaction of the Financing Condition shall be November 5, 1999. b_ Obtaining Permits. The obtaining by the Ranch of all necessary permits, licenses and approvals from all applicable governmental entities tind/or regulatory agencies. The target date for obtaining approval of the Site Application for the Improvement Project and for obtaining any other permits, licenses and approvals required before commencement of construction of the Improvement Project shall be May 15, 2000. c. Condition Satisfaction Dates. If conditions set forth in subparagraphs 14a and 14b are not satisfied by the target dates set forth therein„ this Agreement may be terminated by either party by written notice to the other party given before the relevant condition is satisfied, in which case any payments by Developer of tap fees under Section 13 above shall be refunded to Developer and both parties shall be released from any further obligations hereunder. 15. Reuse Water. All wastewater resulting from the Sewer Service provided to the Developer Property shall be returned to the Roaring Fork River basin at the Ranch's wastewater treatment discharge point. 16. Design. Engineering kering and Construction Cly. In the event of any negligence, default, or other defalcation by any designer, engineer, contractor or subcontractor retained by either the Ranch and/or the Developer in connection with the Improvement Project and/or the Developer Collection System, each of the Ranch and the Developer shall have, and they hereby retain, the right to proceed against such designer, engineer, contractor or subcontractor, The Ranch and the Developer hereby waive and disclaim any rights to proceed against the other on account of the negligence, default or defalcation of any such designer, engineer, contractor or subcontractor. 17. Noticec. All notices, demands, requests or other coromunications to be sent by one party to the other hereunder or required by law shall be in writing and shall be deemed to have been validly given or served by delivery of same in person to the addressee or by courier delivery via Federal Express or other nationally recognized overnight air courier service or by depositing same in the United States mail, postage prepaid, or by facsimile transmission, addressed as follows: To Ranch: Ranch at Roaring Fork Homeowners Association, Inc. 14913 State Highway 82 Carbondale CO 81623 Facsimile No. 970-963-9243 With copy to: Hardin Holmes, Esq. Ireland, Stapleton, Pryor & Pascoe, P.C. 1675 Broadway, 26th Floor Denver, CO 80202 Facsimile No.: 303-628-2062 To Developer: Aspen Equestrian Estates, LLC Jay Weinberg, Managing Member 1HAL1t4L\t.0SC14K7L01 ! DOC 9!15.0288 11212817 v3 13 FROM :HERBERT 6 KLEIN 970 726 30Gg With copy to: 135 Palm Avenue Miami Beach, FL 33135 Facsimile No.: Kevin L„ Patrick, Esq. Patrick & Stowell, P.C. 730 East Durant, Suite 200 Aspen, CO 81611 Facsimile No.: 970-925-6847 1999.09-22 1S:24 11669 P.1S/23 All notices, demands and requests shall be effective upon such personal delivery or one (I) business day after being deposited with Federal Express or other nationally recognized overnight air courier service or three (3) business days after deposit in the United States mail or upon the date of such facsimile transmission as required above, unless it is not a business day in which case a facsimile transmission shall be effective on the next business day. By giving to the other party hereto at least ten (10) days' written notice thereof in accordance with the provisions hereof, the parties hereto shall have the right from time to time to change their respective addresses and/or facsimile numbers. 18. Governing Law, This Agreement and each term, covenant, and condition hereof shall be governed by and construed under the applicable laws of the State of Colorado. 19 Inurement. This Agreement shall inure to the benefit of send be binding upon the parties hereto and their respective heirs successors and assigns; provided that the provisions hereinabove set forth establish the relationship between the Ranch and Developer's successors and assigns. This Agreement may not be modified or amended except m a writing executed by the Parties hereto. 20. Commencement of Service. Subject to each of the terms, covenants and conditions hereof, the Ranch shall provide Sewer Service to the Developer Property as provided in this Agreement. 21. l: orce Majeure. Any obligation of either party under this Agreement which is delayed or not performed due to acts of God, strike, riot, or weather, failure to obtain labor and materials at a reasonable cost, inability to gain governmental or regulatory licenses, permits or approvals, or any other reason beyond the control of the party, shall not constitute a default hereunder and such obligation shall be performed within a reasonable time after the egad of such cause for delay or non-performance. 22. R.esolutioLof Disputes: Arbitration and Attorney's Fees. If and to the extent any person or party (including individual property owners) has a complaint or dispute regarding the interpretation of this Agreement or the provision of Sewer Service or the imposition and/or collection of fees, rates, or charges hereunder, such complaint or dispute shall first be addressed to, and heard by, the Ranch's Board of :Directors, lf, and only if, after such hearing, the complaint or dispute has not been satisfactorily resolved, the dissatisfied person or party shall be obligated to submit the matter to binding arbitration before one arbitrator under the Commercial Rules of the ',IHAii0L1.IISC4x7L01.'.POC 99tS.o288 02t2!17 v3 14 FROM : HERBERT S KLEIN 970 728 30E9 1999.09-22 19:42 14670 P.02/04 American Arbitration Association in Glenwood. Springs, Colorado. If the arbitrator finds that a party is entitled to relief available only through court proceedings, such as foreclosure or injunctive relief, the party may proceed in court for such relief based on the arbitrator's decision which shall not be challenged. In the event of any arbitration or other proceeding to enforce the terms, conditions or provisions hereof, the prevailing party in any, such arbitration or other proceeding shall be entitled to obtain as part of its judgment or award, its reasonable costs, including attorney's fees and costs. 23. Limitatip on Liability. The Ranch, Developer, any Successor Developer and the Developer Property Association, their Boards of Directors, officers, agents, members and employees shall not be liable to any person or party with respect to any matter arising in connection with this Agreement or the Sewer Service to be provided hereunder except in the case of willful disregard of this Agreement, recklessness, bad faith or malice, except that Developer, a Successor Developer and the Developer Property Association shall be liable for payment of all fees, charges and other monetary amounts payable hereunder, and the Ranch shall be entitled to pursue the remedies set forth in Sections 12a. and b above and except that either party shall be entitled, in an appropriate case, to injunctive relief. No person or party shall be entitled to recover any punitive or consequential damages in any action or proceeding, arising under or in connection with this Agreement. 24. Entire Agreement. This Agreement constitutes the entire understanding between the parties hereto with respect to the subject matter hereof and all other prior agreements or understandings shall be deemed merged into this Agreement. The Exhibits hereto are incorporated in this Agreement by this reference. 25. Authority of Parties. Developer is a Colorado limited liability company validly existing and in good standing under the laws ofthe State of Colorado. The Ranch is a Colorado not for profit corporation validly existing and in good standing under the laws of the State of Colorado. Each of the parties has the power and authority to own its properties and to carry on its, business as now conducted, and, except to the extent permits, licenses or approvals are required as provided in Section 14b hereof, has all necessary power and authority to execute, deliver and perform this Agreement and any other documents made or given in connection therewith and to be bound thereby. 26, t o e e s. In the event tbe Ranch shall enter into other like or similar agreements .for sewer service with any other party (such other party is hereinafter referred to as a "'Thud Party''), which other agreement shall contain provisions of materially greater benefit or advantage to said Third Party, this Agreement shall, retroactively to the date hereof, automatically be amended to embody said provisions of greater benefit or advantage. By way of illustration only, should the Ranch enter into a sewer service agreement with a Third Party with a price of 55,000.00 per EQR, this Agreement shall be amended to reduce the price to Developer to 55,000.00 per EQR, with the 52,500.00 difference per EQR being a credit to Developer against future tap fees to be paid under this Agreement, or if all tap fees have been paid or the credit exceeds any unpaid tap fees, such amount being refunded to Developer within sixty (60) days following execution of such other agreement_ Within thirty (30) days of the full execution, the Ranch shall provide Developer with copies of all like or sin -filar agreements for sewer service with any Third Party. The provisions of RA140L\ flSC'4 'TL01!.DOC 9913.0215 #212611 v3 15 FROM :HERBERT 9 KLEIN 970 729 3059 1999.09-22 19:42 M870 P.03/04 this section shall not apply to agreements with respect to properties located within the Original Ranch, as defined in the Second Amended Declaration governing the Ranch at Roaring Fork. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first set forth above. RANCH AT ROARING FOR HOMEOWNERS ASSOCIATION, INC., a Colorado non- profit corporation By: Its: Attest: ASPEN EQUESTRIAN ESTATES, LLC, a Colorado limited liability company By: Attest: By: Its: \HAH001ss3SC4K71.011,DOC 991S.0214 walls 1743 16 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 FROM :HERBERT S VLEIN STATE OF COLORADO COUNTY OF GARFIELD The foregoing ins n n, +7 .f u _ as as 970 729 30E9 ) ss. ) 1999,09-22 15:43 #670 P.04/04 was acknowledged before me on this Z day of t, 1999, by and by F2A -1 of Ranch at Roaring Fork Hotneofvners Association, nc., a Colorado non-profit corporation. IMPASERLY A Amon Notary Puhlc =�- Stmt• of oziorado My commission expires: d/ [SEAL] STATE OF ecLgPAe).p COUNTY OFi' . 4_ ) ss. ) The foregoing instrument was acknowledged before me on thisgA day o *twist, 1999, by . W v n , as Managing Member, and by as of Aspen Equestrian Estates, LLC, a Colorado limited liability company. My commission expires: $'-24e, - 0 Z [SEAL] 1HAHQLIMtSCI4K7tv1! OC 991l.D266 #212817 v3 17 a/ FROM :-ERBERT S KLEIN 970 728 3069 1999.219-22 15:25 0.669 P.17,'23. EXHIBIT A lj��Ir� //II 0.t'to ur and Wall Eei _ t2,C. Rag. Land Surveyors and Engineers 811 Colorado Avenue Glenwood Springs, Colorado 81601 (303) 945-8664 PROPERTY DESCRIPTION A parcel of lard situated in a portion of Lots 3, 4, 6, 17, 18 and 19 of Section 31, Township 7 South, Range 87 West of the Sixth Princieal Meridian. Ccunty of Garfield, State of Colorado, said parcel being more particularly described as follows: Commencing at the Witness Corner to to Northeast Corner of said Section 31, a stone in place; thence S.50'01'0574. 2350.39 feet to the Scutheast Corner of Recepticn No. 279416, also being a point on the westerly right -of -ay of Ccs r ty Road No. 100, a rebar and cap L.S. Na. 10732 in place, to True Faint cf Beginning; thence 5.00.11129"W. along said westerly right-of-iay 827.14 feet to a rebar and cap L.S. No. 10732 in place; thence continuing alcrsg said weete;ly right-of-way S.03'S6'29"W. 117.74 feet to a rebel* arra can L. 5. No. 10732 in. place: thence ccntituirg along said westerly right-of-way S.11•37127"14. 259.44 feet; thence leaving said westerly right-of-way N.72'41'32"W. along a lire being northerly of 91z:e Creek 136.34 feet; thence ccntirttring along a line being r.nrthe;ly of Slue Creek N.77"44'52"W. 317.09 feet; t1'.ence continuing along a line being northerly of Blue Creek N. 62'421' 46"W 375.98 feet; thence continuing along a line being northerly of Blue Creek N.41'30'2914. 89.74 foot; thence cantinaxi ng along a line being ncrterly of Blue Creek 14.81.01' 17"W. 285.92 feet; thence N. 13.12' 20"5. 120.00 feet to a point in an existing fence; thence N.76'47' 40"W. along said existing fence 1038.73 feet to a point cn tee easterly lie of Parcel 3 cf Rice-sticn No. 3756658 (from whence rebar and coo L.S. No. 10732 ' bears 5.00100'18"W. 253.28 feet) ; thence N. C0'C0' 13"E. a1erg said easterly lire 1013.81 feet to a point cn the southerly righteofeway right-of-ayof Colorado State Higheeey No. 52 as evidenced by existing right-of-way n rurer.ts and the existing centerline (whler:ce a reber and cap L.S. No. 3317 boars 5.00'00'12"W. 3.99 feet) ; thence S.79'56' 55"E. alcng said acutherly right-of-vay 1982.77 feat; thence 5.10'34'98"W. alcng the easterly lire of said Reception No. 279416 133.47 feet to a rebar and can L.S. No. 10732 in place; thence 5.79"44"32"E. a c g the southerly line of said Rcceptien No. 279416 247.29 feet to the True Fa ret o inns said parcel ccntairirrg 57.889 acres, more or less - Together with a perpetual easement . being a portion of Parcel "3" shown in. Peceeticn No. 375658 situated in a portion of Lot 17 of Section 31. Tcea'ship 7 South, Range 87 West of the Sixth Principal Meridian, Ccunty of Garfield, State of Coloredo - said easment being more particularly described as follows: Casraercing at the Witness Cortef to the Northeast Corner of said Section 31, a stone in place; thence 5.81610'28"w. 4257.59 feet to a point on the southerly righteofeway of State Highway No. 52, the True Point oaf 9ea1r '.r1: thence S.00.001i8"W. along tee easterly line of said Parcel "8" 1013.61 feet to a paint on an existing fere*: thence 14.75.47'40"W. along said fence 67.27 feet to a point en the westerly lire of said Parcel "B"; thence N.00•07135"E. along said %esterly lire 1009.48 feet to a point an the southerly right-Cf-waY of said State highway No. 92; thence $.79'56'5"E. along said scutherly right--of- way 64.35 feet to the True Paint of inns ; said easement containing 1.496 acres, more or less. December 2. 1987 FROM :HERBERT 5 VL.E I N 970 729 3069 EXHIBIT "B" 1999.09-22 RANCH AT ROARING FORK HOMEOWNERS ASSOCIATION, INC. RULES AND REGULATIONS (SEWER SERVICE) G RAL 15:26 tt669 P.18/23 1.1 PURPOSE.. The purpose of these Rules and Regulations is to provide for the orderly management and operation of the sanitary sewer collection and treatment system serving the Service Area as hereafter defined. 1.2 ISTENT OF CONSTRUCTION. It is intended that these Rules and Regulations shall be liberally construed to effect the general purposes set forth herein, and that each and every part thereof is separate and distinct from all other parts. 1.3 AMENDMENT. It is specifically acknowledged that the Ranch at Roaring Fork Homeowners Association, Inc. ("HOA") shall retain the power to amend these Rules and Regulations as it deems appropriate, by action of the Board of Directors. Prior notice of amendments shall not be required to.be provided by the HOA. 1.4 DEEIN;TIQNSt Unless the context specifically indicates otherwise, the meaning of terms used herein shall be as follows: Board and Board of Directors shall mean the governing body of the HOA. B.Q.D. (Denoting 5 -Day, 20 degrees centigrade Biochemical Oxygen Demand) shall mean the amount of oxygen which is utilized in the aerobic decomposition of sewage under laboratory procedures in accordance with the current "Standard Methods for the Examination of Water and Wastewater." Collection System shall mean the Sewer Mains which are either Common Facilities or Local Facilities. Portions • Pursuant to and to the extent provided in Section 8 of the Agreement dated August 4, 1999, between St. Finbar Land Company and the HOA, and pursuant to Seco 7.1 of these Rules. the authority of the HOA with respect to the management and operation of the system has been delegated to the Committcc established by that Agreement, effective upon the establishment of to St. Finbar Homeowners' Association. -1- FROM :HERBERT S 6CLE I N 970 72$ 321E9 DCr cc 73 IJ.] •'4crrI rr1 I r Lor, . 6 I LAVtLL 1999.0S-22 15:49 14671 P.02/02 H.G of the Collection; Syatern will be owned, operated, repaired, maintained and replaced by the HOA. but soma portions cf the Collection System which are Local Facilities may be owned, operated, maintained, repaired and replaced by a Designated Intermediary se the representative of Owners served by such Local Facilities if so provided ie a written service contract with the .HDA. Common Facilities aba11 mean shoed facilities generally serving the HOP_Is Service Area as a whole. Examples are trunk sewers and sewage treatment plants. Designated Intermediary eha11 mean a Person designated in these Rules and Regulations or in a contract as the party to act as an intermediary between the HOA and Owners within designated parts of the HOA's Service Area and/or to be'a representative of Owners in that designated area. Notices tc Owners in an area havinc a Designated Intermeidiary need only be given to the Designated Intermediary for that area. Payments due from Owners in an area having a. Designated Intermediary shall be made by the Designated Intermediary for that area ,and, in general, the HOA will not be expected or required to deal directly with owners in an area having e Designated Intermediary. The Designated Intermmediary for St. Finnbar ie the Developer of St. Finnbar or a guocesgar Developer Of St. Finnbar until a property a88ociaeicn is formed for St. Finnbar and, thereafter, will be the property association for St. Finnbar. A similar arrangement will be applicable to Preehana and to the Commercial Parcel (as defined in the Ranch Covenants) within the Ranch, or separately deve{aped porticns of the Commercial Parcel (e.qd, Ranch Creek) . The HOA is the Designated Intermediary for Owners Of multi -family and Condominium dwelling units within the Ranch for all purposes other than for payment of 1>xumS, fees or charges due hereunder. Developer shall mean the person(a), firm, joint venture, partnership or corporation which is the owner of land within the Service'Area which it seeks to have served by the Ranch at Roaring Fork Homeowners Association, Inc. Engineer shall mean the engineering firm, or duly eu.thorized representative, designated by the HOA to act on its behalf in 'all engineering end related matters. -2- FROM :HERBERT S KL.E I N 970 728 3OES 1999.09-22 1S:26 eSS9 P.19/23 This item includes an Inspector employed by the Engineer. EQR - This is an abbreviation for Equivalent Residential Unit which is an average single-family detached residence or the equivalent, from a systems demand standpoint, as more fully described in Section 5.2 hereof, Sewer Main shall mean a sewer pipeline which is not a Service Line and carrying sanitary sewage wastes only. Service Line shall mean a sewer line serving either one building.or more than one building if such buildings are on the same lot or parcel and under common ownership, extending from the building drain to the Sewer Main and shall include the tap into the Sewer Main. Sewage shall mean any liquid waste containing animal or vegetable matter in suspension or solution from residences or commercial buildings. Shall is mandatory; "May's is permissive. St. Finnbar shall mean the area adjacent to the east boundary of the Ranch and bounded on the south by the Roaring Fork River, on the east by The Catherine store Road, on the north by Preshana and on the west by the Ranch. Suspended Solids shall mean the filterable solids measured by concentration in one liter of Sewage. Tap Fee shall mean the charge per EQR or portion thereof charged by the HOA for connection of a property to the HOA' S sewer systema. The current Tap Fee is $7500. User shall mean any Person actually discharging Sewage into the sewer system. SE fy •ad. RSH p ON OF yaquallga 2.1 PONS ayE P,ARTI_E Unless otherwise agreed in a written service contract, it is the HOA's responsibility to operate and maintain all Common Facilities. .ue'ali'.t..l+..I .014 -3 - PROM :HERBERT S I<LE I N 970 7228 3069 1999.09-22 1S:28 M869 P.20/23 It is the Developers responsibility to finance, design, and construct all Local Facilities as defined herein. Such facilities shall be constructed in accordance with plans and specifications approved by the HOA- The Developer shall pay the cost of all such facilities. After construction, the Owners served by the Local Facilities, or, if. one exists„ the Designated Intermediary, as representative of the Owners, shall be responsible tor the operation, maintenance and replacement of all Local Facilities. It is the responsibility of the Owner or his builder to pay the cost of and construct all Service Lines. Such service facilities shall be constructed in accordance with plans and specifications approved by the HOA, and shall be subject to inspection by the HOA prior to use. The individual owners shall be responsible for the operation, maintenance, repair and replacement of all Service Lines. 2.2TATI N OF OF A. It is expressly stipulated that no claim for damage shall be made against the HOA by reason of the following: Acts of God or the occurrence of any event or circumstance beyond the reasonable Control of the HOA; blockage in the system causing the backup of effluent; damage caused by „smoking" of lines to determine drainage connections to HOA lines; breakage.of Sewer Main lines by HOA personnel; inadequate sewer treatment, interruption of sewer service and the conditions resulting therefrom; breaking of any collection or service line, pipe, valve, or meter by any employee of the HOA; shutting off or turning on of service; making of connections or extensions; burst service lines and other facilities not owned by the HOA; or for doing anything to the systems of the HOA deemed necessary by the Board of Directors or its agents. The HOA shall have no responsibility for notification to any Persons of any of the foregoing conditions. Notwithstanding the preceding sentence, the HOA shall teak. a reasonable attempt to notify the other Designated Intermediaries whenever practicable. The HOA reserves the right to.discontinue temporarily service to any property at any time for any reason deemed necessary or appropriate by the Board of Directors. 2.3 OW%IERSHI OF FACILITIEM All existing and future Common Facilities connected with and forming an integral part of the sewer system and accepted for operation and maintenance pursuant to these Rules and Regulations shall become and are the property of the HDA, unless any contract with an Owner, Developer or -4- FROM :HERBERT 8 KLEIN 970 728 3089 1999.09-22 18:28 #6.69 P.21/23 Designated Intermediary provides otherwise. Said ownership will remain valid whether the lines and treatment works are constructed, financed, paid for, or otherwise acquired by the HOA, or by other Persons. Local Facilities shall be owned by the Owners served by the Local Facilities and, if one exists, shall be managed by the Designated Intermediary on behalf of the Owners within the area served by such Local Facilities: That portion of all existing or future Service Lines that is connected with the sewer system, shall become and is the. property of the Owner. This principle shall not be changed by the fact that the ROA might construct, finance, pay for, repair, maintain or otherwise affect the Service Line. The construction and connection of any Service Lime shall be done in compliance with these Rules and Regulations. The Owner's ownership of the Service Line shall not entitle the Owner to make unauthorized uses of the sewer system once the Service Line has been connected to a Sewer Main. All uses of the Service Line or any appurtenances thereto at any time after the initial connection to the sewer system shall be subject to these Rules and Regulations. 2.4 RIGHT QF ENTRY. The HDA, its agents, officers, employees, or other Persons designated by the HOA shall be permitted to enter upon all properties for the purpose of inspection, observation, measurement, sampling, and testing, in accordance with the provisions of these Rules and Regulations. The granting of right of entry by the Owner and occupant is a condition to the provision of sewer service. 2.5 MODIFICATIc N,, WAIThe HOA shall have the sole authority to, on a non-discriminatory basis, waive, suspend or modify these Rules and Regulations. Any such waiver or suspension shall not be deemed an amendment of the Rules and Regulations; nor will any such waiveror suspension be deemed a.continuing waiver or suspension. SECTION - CQ ITIONS OF USE OF i7, T iTTY SYSTEMS 3.1 APPLICATION F'OR SERVICE. Subsequent to September 1, 1996, applications for service or modifications of service must be filed with the HOA on forms provided by the HOA and (i) be accompanied by the Tap Fee for initial service prior to any action to connect to the system, or (ii) be accompanied by the appropriate fees, if any, prior to any modification of such rc�mn.n+s+s. n u l -5- PROM :HERBERT S KLEIN 970 726 30E9 1999.09-22 15:27 #669 P.22/23 connection to or service by the system. Only upon authorized approval of the application and receipt of any required fees may a connection or modified connection to or service by the system be made. Application approvals attach to the designated premises only. They are not affected by changes in the ownership of the licensed premises and are usable only in accordance with the terms of the approved application. Neither application approvals nor the associated Tap Fees are transferable to other properties. No taps will be permitted or made during non -business hours without specific, written approval of the HOA. All information requested on the tap application form must be completed, and a diagram of the tap location included. Should any information of a material nature disclosed on the application prove at any time to be false, or should the applicant omit any information, the HOA shall have the right to reassess the Tap Fees originally charged at the rate current to the discovery by the HCA of the false or omitted information, and/or to disconnect the service in question, and/or to back -charge the property in question for service fees that may be due and owing, acid/or to charge any other or additional fee or penalty specified in these Rules and Regulations, as amended. Any reassessment shall be due and payable, together with any penalties or other additional fees charged, and together with interest at the legal rate of interest as then in effect pursuant to §5-12-1O1 C.R.S. as it may be amended from time to time on the entire balance, upon and from the date of the original application. 3.2 DENIAL QF APPLICATION. The HOA shall have the right to deny application for service when, in the opinion of the HOA, the service applied for would exceed the capacity of the facilities. 3.3 MOVED OR DES_TfZQYFD B T EWXNGS . When buildings are moved or destroyed, the original tap authorization shall terminate and no credit shall be authorized for Tap Fees paid previously with respect to said building.. 3.4 CHANGE II, r OWNER'S QU jMENT ■ SERVICE OR USE OF PROPERIL, No change in the Owner's equipment, service or use of property served shall be made without prior notification to and approval by the HOA. 'The HOA shall have no obligation to provide service to any Owner in excess of the EQRs which the HOA has expressly contracted to serve. Any change which increases the number of EQRs served by the sewer system will require payment of an additional Tap Fee or Tap Fees. Any change which decreases the +rur,n,,..n..,s.n.x -6- FROM :HERBERT S <LEiN 970 728 30E9 1999.09-22 1E:27 #GG9 8.23/23 burden placed on the sewer system shall not result in a refund, rebate or reduction of any Tap Fees or other fees previously paid. 3.4.1 Any violation of Section 3.4 shall result in the assessment of an unauthorized connection fee, as provided by Section 3.5 of these Rules and Regulations, and the HOA shall take those steps authorized by these Rules and Regulations and Colorado law regarding the collection of said fees. 3.4.2 If the HOA believes that any Owner has changed the equipment, service, or use of their property in violation of this Section, . the HOA shall notify ..the Owner (if within the Ranch) or the Designated Intermediary (if the Owner is not within the Ranch)of the HOA's belief, and the HOA's intent to assess any additional Tap Fees, service or unauthorized connection fees. The notice recipient shall be afforded thirty (30) days in which to respond to the HOA's notice. Failure to respond as required herein within the thirty (30) day period shall be deemed to establish the HOA's belief concerning the nature and extent of the change, and such additional Tap Fees, service and unauthorized connection fees as are deemed appropriate by the HOA shall be assessed against the property in question and shall be collected as provided under these Rules and Regulations and Colorado law. To defer the collection of said fees, and as a prerequisite to the right to hearing as provided for and described in Section 6 of these Rules and Regulations, any response by the Owner or applicable Designated Intermediary must, in addition to being provided in the thirty (30) days, include permission to make such inspection of the property in question as the HOA deems necessary to clearly establish the nature of equipment, service and use of the property in question. 3.5 UNAUTHORIZED CONNECTIONS .AND FEgS. No person shall be allowed to connect onto the sewer system or to enlarge or otherwise change equipment, service or use of property without prior payment of Tap Fees, approval of application for service, and adequate supervision and inspection of the taps by the HOA. Any such, connection, enlargement, or change shall be deemed an unauthorized connection. Upon the discovery of any unauthorized connections, the HOA may, in its discretion, assess the property an unauthorized connection fee in an amount not to exceed twice the then -current Tap Fees that would be due for such property. The HOA shall send written notice to the Owner of the property benefited by such connections stating that an unauthorized connection has been made between the Owner's property and the sewer system. The Owner shall then have thirty (30) days from the date of the notice to pay the then -current Tap Fees. If that fee nsn,ltrk.sV.1.. r�. -7- FROM :HERBERT S KLA N 970 729 3069 1999.09-22 19:28 #669 P.01 is paid within the thirty (30) day period, the unauthorized connection fee shall be waived by the HOA. In the event the periodeen- current Tap Fees are not paid within the thirty (30) day or if the Tap would exceed the maximum allowable number pursuant to contractual or other limitations a notice of revocation of service shall be sent and service shall be disconnected pursuant to Section 3.6 of these Rules and Regulations. Once discontinued, service may be returned to the property only upon receipt by the HOA of both the unauthorized connection fee (if assessed) and the then -current Tap Fees, plus any service charges or any other charges that may be due. The HOA also reserves such rights of foreclosure as may be. provided by law and/or these Rules and Regulations for the collection of unpaid fees and charges of the HOA. 3.6 REVOC TION OF SEENTIQZ Service may be revoked by the HOA upon non-payment of any valid fees or charges owing to the HCA or upon violation of these Rules and Regulations or the provisions of any contract for service. In the event of non-payment or upon violation of these Rules and Regulations or the provisions of any contract for service, the Owner (if within the Ranch) or Designated Intermediary (if such Owner is not with the Ranch) shall be given not less than thirty (30) days advance notice in writing of the revocation, which notice shall advise the owner or applicable Designated Intermediary of its opportunity to be heard in accordance with the provisions . of these Rules and Regulations or the applicable contract for service. If the non-payment or violation is not resolved within the time prescribed, service to the property shall be revoked by blocking or disconnecting the appropriate line serving the property- The cost of disconnection or blockage shall be assessed to the Owner or applicable Designated Intermediary. 3.7 T The Owner's right to connect to the sewer system shall terminate and any Tap Fee paid shall be retained by the HOA if the .tap is not connected to the sewer system within 60 months of the payment of the Tap Fee, unless a contract for service expressly provides otherwise. RECTI - S W 4.1 UNAUTHORIZED 'TAMPER NG STEMS 4.1.1 No unauthorized Person shall uncover, use, alter, disturb, or snake any connection with, or opening onto, use, alter, or disturb the sewer system without first obtaining a written -8- FROM :HERBERT S 6<LE I N 970 728 30E9 1999.09-22 1S:29 #669 P.02 permit from the HOA. Unauthorized uses of the sewer system include, but are not limited to, an unauthorized turn -on or turn- off of sewer service, or a tampering or in any way modifying any facility, even though the same may be performed on a privately owned and maintained Service Line. 4.1.2 No Person shall maliciously, willfully, or negligently, break, damage, destroy, uncover, deface or tamper with any portion of the sewer system. 4.1.3 Any Person who shall violate the provisions of this Section 4.1 shall be prosecuted to the full extent of Colorado law. 4.1.4 Any Person violating any of the provisions of these Rules and Regulations shall become liable to the HOA for any expense, loss or damage occasioned by reason of such violation, the amount of which shall be a lien upon the violator's property or a lien upon the property concerning which the violator was providing services at the time of the violation in question, whichever the HOA deems appropriate. 4.2 1,7NAUTHORIZE.f USES. The sanitary sewer system is for the disposal of water contaminated by biodegradable wastes. No person shall make connection of roof downspouts, exterior foundation drains, areaway drains, surface drains, or other sources of surface runoff or groundwater to a building sewer or building drain which in turn is connected directly or indirectly to the sewer system. In order to protect the sewage system from damage, destruction, deterioration, misuse or malfunction and to guard against health hazards and the creation of public nuisance the following regulations shall apply relative to the discharge of Sewage containing deleterious wastes. 4.2.1 Septic Facilities. A septic facility may not be utilized within the HOA Service Area unless a special permit is obtained from the HOA. 4.2.2 Prohibited Wastes. (a) Industrial Wastes. No Person or Persons shall discharge or cause to be discharged any industrial waste (defined as the liquid wastes from industrial processes, as distinguished from sanitary sewage) of any type into the sewer system. wan.»u..vau.aII -9- i FROM :HERBERT S KLEIN 970 728 309 1999.09-22 18:29 U669 P.03 (b) Inflow/Infiltration. No Person or Persons shall discharge or cause to be discharged into the sewer system, from "ground surface, roof ladders, catch basins, or any other source, surface or sub -surface drainage or ground water. (c) ether Wastes. No Person or Persons shall discharge or cause to be discharged into the sewer system any of the following, except to the extent permitted under the express provisions of a written contract for service or approved application and upon the installation of suitable and approved, grease, sand, or oil interceptor or other pre-treatment facility: (1) Industrial cooling water. (2) Agricultural and livestock wastes. (3) Unpolluted process waters. (4) Bakery/restaurant wastes. (5) Car washing wastes. (6) Swimming pool drainage. (7) Floor drainage from enclosed and covered areas. (8) Toxic or non -biodegradable waste. (9) Any garbage that has not been properly shredded to less than. 1/2 -inch in the largest dimension. (10) Any ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastic, wood, paunch manure, or any other solid or viscous substance capable of causing obstruction to the flow in sewers or other interference with the proper and normal operation of the sewage works. (11) Any waters or wastes having Ph lower than 5.0 or higher than 9.0, or having any other corrosive or toxic property capable of causing damage or hazard to structures, equipment, or personnel of the sewage works. (12) Any water or wastes containing a toxic or poisonous substance in sufficient quantity to injure or interfere with any sewage treatment process, constitute a hazard to humans, animals ....,.4.0111.140 -10- FROM :HERBERT S KL.E t N 970 728 30E9 1999.09-22 15:29 t1S89 P.04 or fish, or create any hazard in the receiving waters of the sewage treatment plant effluent. (13) Any waters or wastes containing suspended solids of such character and quantity that unusual attention or expense is required to handle such materials at the sewage treatment plant. (14) Any noxious substances or malodorous waste, waters, gases, or substance capable of creating a public nuisance, either in the sewer system or at the sewage treatment plant. (15) A 5 -day S.O.D. concentration greater than 300 ppm. (15) A concentration of more than 300 ppm of Suspended Solids. (17) Concentrated wastes from septic tanks and portable sanitary devices (18) A peak flow rate greater than 5 times the average flow rate. (19) Any chemicals having a 24-hour proportionate composite sample concentration at the point of discharge in excess of the following: Cadmium 0.10 mg/1 Chromium 5.0 mg/1 Copper 3.0 mg/1 Cyanides 2.0 mg/1 Iron 15.0 mgfl Phenol 10.0 mg/1 HzS (HydrogenSulfide) 1.0 mg/1 Zinc 2.0 mg/1 (20) Recreational vehicle -produced wastes. . (21) Any wastes produced other than in a dwelling unit or commercial building within the Service Area. 4.2.3 Sump Pump and Other Illegal Devices. No plumbing fixture, device, construction or plumbing system shall be installed within any building or improvement which will provide a connection between the sewer system, directly or indirectly, or with a Sewer Service Line for the purpose of draining ground or surface waters into the sewer system, and no physical connections shall be permitted whereby a Sewer Service Line is connected to a .,....,,,...x„11 -11- FROM :HERBERT 5 KLEIN 970 729 3069 1999.09-22 15:30 #969 P.06 sump pump or other facility in such a manner that through the manipulation of valves, or because of lack of back pressure valves, or because of any other arrangement, it is possible to drain flood, overflow, drain, storm, or groundwater directly or indirectly into the sewer system. Any Person having connected, or permitting to be connected such a forbidden system to any Common Facilities, Local Facilities, Collection System, Service Line or any Sewer Main may be summarily ordered to disconnect such forbidden device or pumping system at his cost, and upon failure to do so, the HOA may forthwith disconnect any Service Line from the property containing such a forbidden device or pumping system at the Sewer Main, the cost of which shall be a lien and charge against the property involved. No Service Line shall thereafter be connected to the sewer system without payment of all applicable fees to the HOA, costs and expenses of the HDA relative thereto, and positive proof that such improper and illegal connection or device has been removed and will not thereafter be reconnected to the sewer system. 4.2.4 Construction and Cleaning of Grease, Oil and Sand Traps. Grease, oil and sand interceptors shall be provided at the sole cost and expense of the owner when, in the opinion of the HOA, they are necessary for the proper handling of liquid wastes containing greases, oil, etc., in excessive amounts, or any flammable wastes, sand or other harmful ingredient. All interceptors shall be located so as to be readily available and accessible for cleaning and inspection. Grease and oil interceptors shall be in an accessible location for maintenance and inspection and shall be constructed of impervious materials capable of withstanding abrupt and extreme changes in temperature. They shall be watertight, and, if necessary as determined by the HOA, gastight and vented. Where installed, all grease and oil and sand interceptors shall be maintained by the Owner at his expense, in continually efficient operation at all times. The HOA requires a monthly or periodic cleaning and pumping of any grease traps as approved by the HOA. Periodic inspections may be made of sand and grease traps and interceptors and in the event the Owner is in violation of these Rules and Regulations, the Owner shall be held accountable as set forth in these Rules and Regulations. The charge for these inspections to the Owner shall be a direct pass - on of the expense to the HOA and shall be billed directly by the HOA for all costs incurred by the HOA in inspecting the property. 4.2.5 Swimming Pocis. No public or private swimming pool !I shall be connected to the sewer system. 4.3 RESPO$SIZILITIES OF TI F. OWN ft •,C I+1+..1 f.n.. e.. 1 FROM :HERBERT S .(LEI N 970 728 3069 1999.09-22 15:30 #1669 P.06 4.3.1 Sewer Service Line Maintenance. Each Owner shall be responsible for maintaining his Service Lines. Infiltration leaks or breaks in the Service Lines shall be repaired by the Owner within 72 hours from the time of notification of such condition by the HOA. If satisfactory progress toward repairing The leak has not been made by the time specified, the HOA shall have the authority to repair, or have repaired, the lines and shall charge the Owner all resulting costs thereof. The HOA shall be entitled to place a lien against the property of such Owner securing payment of such costs. 4 4 ENFORCEMENT, a. The HOA shall have the right to revoke service to any property for violations of these Rules and Regulations in accordance with the procedures set forth in these Rules and Regulations. b. Whenever a discharge of Sewage or the operation of a grease interceptor or sand or oil trap is in violation of the provisions of these Rules' and Regulations or otherwise causes or threatens to cause a condition of contamination, pollution or nuisance, the HOA will issue a 72 hours' written notice to correct the practice. If the practice is not corrected within such time, the HOA may notify the State Health Department and effect disconnection of the Service Line from the sewer system, until such time as the HOA has received adequate assurances that any and all violations of the HOA's Rules and Regulations will cease and will not occur in the future. In addition, all of the costs of the aforementioned proceedings shall be charged against the property and, until paid shall constitute a perpetual lien against the property. When a discharge of wastes causes an obstruction, damage or any other impairment to the sewer system, the HOA may assess a charge against the Owner for the work required to clean or repair the facility and add such charge to the Owner's (or if applicable, such Owner's Designated Intermediary's) sewer service charge, and the HOA shall have such remedies for the collection of such costs as it has for the collection of sewer service charges which, until paid, shall constitute a perpetual lien against the property. ee=mn.•bf.•kN -13- FROM :HERBERT S KLEIN 970 72R 3069 1999.09-22 15:30 #EFi9 P.07 d. In order to effect its powers, the HOA may enter upon private property for the purpose of inspection and maintenance of sanitary and waste disposal facilities and may terminate service to property in which a violation of any of these Rules and Regulations is found to exist. In order to secure the payment and performance of the obligations of Owners, Designated Intermediaries, and Users hereunder, each owner, Designated Intermediary and User, on behalf of itself and its heirs, successors and assigns hereby grants to the HOA and its successors and assigns a perpetual lien upon its property. Such perpetual lien shall run with such property and shall be binding upon and enforceable against each Owner, Designated Intermediary and User and each and all of their respective heirs, successors and assigns. After notice to any such Owner, Designated Intermediary or User and a 30 -day right of cure by the applicable Owner, Designated Intermediary or User, the perpetual lien may be foreclosed and/or executed or realized upon by the HOA as a mortgage, or by any other means authorized under the applicable laws of the State of Colorado. Such lien shall be prior and superior to any other lien or encumbrance upon the applicable property, excepting only the lien for ad valorem real property taxes and the lien of any first mortgage or first deed of trust on the applicable property taken in good faith and for value and perfected by recording in the office of the clerk and recorder of Garfield County, Colorado, prior to the time of recording by or on behalf of the HOA of a specific notice of lien claim. S CTION 5 - _RATES AND CHARGES 5.1 GENERAL. The HOA has established Tap Fees and a mechanism for determining service charges. These fees may be increased or decreased by the HOA at any time without notice. 5.2 EOUI(ALENT RESIDENTIAL UNIT (EOR) SCHEDULES. For the setting of Tap Fees, the HOA has found it convenient to establish Equivalent Residential Unit Schedules. The basis for these Schedules is an average detached single-family residence, or its equivalent The Schedules are given in Appendix A attached hereto. 5.3 SEWER SIE CgaRGES. Sewer system operating revenues are primarily derived from sewer service charges. Sewer service 1,.4,,nn. ..n„ -14- FROM :HERBERT 9 VLEIN 970 728 30E9 1999.09-22 15:31 #669 e.ee charges shall be billed and payable on a periodic basis, in an amount determined by the HOA from time to time based on the HOA's estimate of revenues necessary to operate the system. The HOA shall do an annual reconciliation and make appropriate adjustments regarding the service charges paid or to be paid by each Owner and Designated Intermediary. 5.4 PENALTY FOR LATE PAYMENL, At any time the Owner or, if applicable, the Designated Intermediary is twenty (20) days overdue in payment of any charges due the HOA, the HOA shall have the right to assess a late charge of Ten Dollars ($1Q.0Q) and an interest charge at a rate of one percent (1 1) per month on the unpaid balance. The HOA has the right to assess to any Owner or Designated Intermediary who is overdue in payment of his account, all legal, court, disconnection, blockage and other costs necessary to or incidental to the collection of said account. 5.5 pNALTI_POR FORECLOSrrR-PR,nC`CFF INS If at any time it becomes necessary for the HOA, following efforts to collect overdue payments of any tee or charge aesessed by the HOA under these Rules and Regulations or otherwise to enforce the provisions hereof, to initiate foreclosure proceedings, the HOA shall in each such case assess a foreclosure fee against the subject property in an amount equal to the attorneys' fees and other costs of the foreclosure proceedings. Payment of the foreclosure fee and any and all other fees outstanding against the subject property shall be a precondition to the resumption of service to that property. SECTI - INT RESOLUT PROCED S 6.1 APPLICATION. The complaint resolution and appeal procedures established by this Section shall apply to all complaints concerning the interpretation, application, or enforcement of the Rules and Regulations of the HOA, as they now exist or may hereafter be amended. 6.2 INITIAL COMPLAINT RESOLUTION, Complaints concerning the interpretation, application, or enforcement of the Rules and Regulations of the HOA must be presented in writing to the HOA. Upon receipt of a complaint, a hearing officer may be designated by the HOA to hear and investigate the complaint. After a full and complete review of the allegations contained in the complaint, the hearing officer shall take such action and/or make such determination as may be warranted and shall notify the complainant w mnn A nS.au -15- . FROM :HERBERT S KLEIN 970 728 3069 1999.09-22 15:31 #669 P.09 of the action or determination bye mail within thirty (30) days after receipt of the complaint. 6.3 UPEALS TO THE BOARD. In the event the complainant disagrees with the determination of the hearing officer, the complainant may, within fifteen (15) days from the date of mailing o€ such determination, file with the HOA a written request for an appeal thereof to the Board of Directors. (If no such hearing officer was appointed, the complaint shall be heard in its entirety by the Board of Directors). The request for an appeal shall set forth with specificity the facts upon which the complainant relies and shall contain a brief statement of the complainant's reasons for the appeal. The Board shall consider the complainant's written request at the next regularly scheduled meeting held not earlier than ten (10) days after the filing of the complainants request for appeal. Such considerations shall be limited exclusively to a review of the Complainant's written request for appeal. No further evidence shall be presented by any party to the appeal and There shall be no right to a hearing de novo before the Board of Directors. 6.4 @CARP' S FINDINGS. The Board of Directors shall make written findings concerning the disposition, of the appeal presented to it and shall cause notice of the decision to be sant by certified mail to the complainant within thirty (30) days after the hearing. The Board of Directors will not reverse the decision of the hearing officer unless it appears that such decision was contrary to the manifest weight of the evidence made available to the hearing officer. 6.5 ARBITRATION. If, and only if, after a hearing by the Board of Directors, the complaint has not been satisfactorily resolved, the complainant shall be obligated to submit the matter to binding arbitration before one arbitrator under the commercial. rules of the American Arbitration Association in Glenwood Springs, Colorado. If the arbitrator finds that a party is entitled to relief available only through court proceedings, such as foreclosure or injunctive relief, the party may proceed in court to obtain such relief based on the arbitrator's decision, which shall not be challenged. ECTIO - V CE Co 7.1 CONFLICTS. If and to the extent the terms of these Rules and Regulations are inconsistent or in conflict with the express provisions of a written service contract between the HOA and an Owner or Designated Intermediary or to the extent the express -16- FROM :HERBERT S KLEIN 970 728 3059 1999.09-22 15:31 #669 P.10 provisions of such written service contract are more specific with regard to any particular matter, the express provisions of such written service contract shall supersede and be controlling over the terms of these Rules and Regulations. ....�.un.�vrsr�.... -17- FROM :HERBERT S KLEIN Sop -22-99 li!e9 From -IRELAND STAPLETO 970 728 3059 1999,09-22 15:31 N669 P.11 S336132700 T-169 P.9Z/93 f -D31 Exhibit C To the Sewer Service Agreement dated September, 1999 Between the Ranch at Roaring Fork HOA and. Aspen Equestrian Estates, LLC Subject to compliance with the provisions of the Agreement, and norwithstanding any inconsistent terms therein, the ancillary amenities descnbed in this'Exhibit C and in Artnchsncrit 1 hereto shall be permitted on the Developer Property and shall be provided with wastewater treatment service in aecardance with the Agreement; provided that drainage from the swimming pool and animal waste from the equestrian center and barn shall be treated with a separate septic system which is the sole responsibility of the Developer. The pool. drainage and animal waste shall be disposed of by the Developer in such a manner as to preclude any portion of such drainage and waste from being introduced into the Ranch's potable water or wastewater treatment systems or its fisheries, or from otherwise raving an adverse erfect on the use and enjoyment of the Ranch's residential and common areas. The permitted amenities may include an approximately 25,000 gallon swimming pool, hot tubs and health chubs; a restaurant/special event and banquet facility to sear up to 200 people; and an eq-uestrian center, all as more fully described in Attachment L _ The facilities on the equestrian parcel may be used by the general public CO the extent riot used by residential owners. The amenities shall be deemed to represent the number of EQRs set forth in Attachment 1. The related tap and maintenance fees shall be payable in accordance with the Agreement. µMIO AQT-M1SCvKli 01 DCV 991$ eaV /21447a .1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 FROM :HERBERT 9 KLEIN 970 728 3099 1999.09-22 1S:32 tt699 P.12 Attachment i Aspen Equestrian Estates P.U.D. Planned Water Uses Other Than Non-residential Dwelling Auxsik /2.7c 2-7 1 Swimming pool() and hot tub(s) will not be connected to Ranch wastewater system and will be connected to separate on-site septic system. 2 Assumes: 0.15 EQRlshower, 0,15 EQRltoilet or urinal; 0.10 EQR/sink. Configuration of bathrooms and fixtures can change so long as assumptions remain constant. ' Assumes: 0.3 EQR/shower, 0.3 EQRltoilet or urinal; 0.15 EQR/sink. Configuration of bathrooms and fixtures can change so long as assumptions remain constant. Assumes: 1.0 EQR for 1" 25 seats and 0,04 EQR/seat thereafter. +-v1 `-x f »e Tap Aceo,,,Z w_wycinberg14871L30c ‘Zane9rVilaTa6kWaterUaese/y4 1 EQR per unit EQR total limishileillidisuseitemliseheigor [swimming pool(s), hot tub(s)1, heath club] 5 Bathrooms (approximately 2 toilets, 1 urinal, 1 sink and 1 shower per bathroorn)2 0.7 4.2 Subtotal 4.2 AinesmatiliesalerEqueetrian Center [horse barn/arena EQR per unit EQR total facility and amenities; restaurant/bar/banquet 1 cility, tennis/health faolilty] 5 Bathrooms (approximately 2 toilets, 1 urinal, 1 sink and 2 showers per bathroom)' *PIO /.‘s- RI. ;25— i Kitchen (sink, dishwasher, washing machine) 0.5 0.5 2 Horse Baths 0.5 1.0 Restaurant/ Bar/ Banquet Facility` 8.0 Subtotal-- Total.�eMlwesFEQRS atm —" Auxsik /2.7c 2-7 1 Swimming pool() and hot tub(s) will not be connected to Ranch wastewater system and will be connected to separate on-site septic system. 2 Assumes: 0.15 EQRlshower, 0,15 EQRltoilet or urinal; 0.10 EQR/sink. Configuration of bathrooms and fixtures can change so long as assumptions remain constant. ' Assumes: 0.3 EQR/shower, 0.3 EQRltoilet or urinal; 0.15 EQR/sink. Configuration of bathrooms and fixtures can change so long as assumptions remain constant. Assumes: 1.0 EQR for 1" 25 seats and 0,04 EQR/seat thereafter. +-v1 `-x f »e Tap Aceo,,,Z w_wycinberg14871L30c ‘Zane9rVilaTa6kWaterUaese/y4 1 FROM :HERBERT S KLEIN 970 728 3059 1999.09-22 18:32 1559 P.13 SEWER CONNECTING MAIN AGREEMENT (St. Finnbar, Preshana Farms, Ranch At Roaring Fork) (Partially Amending Agreements for Sewer Service) THIS AGREEMENT ("this Agreement") is executed this E!, t day of, 1999, by and between, the RANCH AT ROARING FORK HOME OWNERS AS SOCIA N, INC., a Colorado non-profit corporation (the "Ranch"), ASPEN EQUESTRIAN ESTATES, LLC, a Colorado ]imitcd liability company ("AEE"), and ST. FINNBAR LAND COMPANY, a Colorado corporation ("St. Finnbar")(AEE and St. Finnbar collectively referred to as "Developers" or individually as "Developer")(AEE, St. Finnbar and the Ranch collectively referred to as the "Parties") RECITALS A. The Ranch is the homeowners' association for a residential community known as "The Ranch at yRgoaring Fork," located in the County of Garfield, State of Colorado (the "Ranch Property"). B. The Ranch owns and operates a wastewater treatment plant and related facilities appurtenances and collection systems (the "Existing Facilities") on and about the Ranch Property for the benefit of the owners thereof C. The Developers arc the owners of certain real property located in the County of Garfield, State of Colorado, (the "Developer Properties"), which Developer Properties lie adjacent to the Ranch Property. D. St. Finbar and the Ranch have entered into an Agreement for Sewer Service dated August 4, 1999 ("St. Finnbar Agreement") for the provision of sewer services to the St. Finnbar property as referenced and described in the St Finnbar Agreement. E. AEE and the Ranch have entered into an Agreement for Sewer Service dated , %AX/ Pig/ ("AEE Agreement") for the provision of sewer services to the AEE property as referenced and described in the AEE Agreement_ F. The St. Finnbar Agreement and the AEE Agreement ("collectively, the "Developer Agreements") provide for a connecting sewer main line ("Connecting Main") to be constructed on the Ranch Property in order to provide sewer service to the Developer Properties. However, the Developer Agreements currently contemplate that the Connecting Main will be constructed by St. Finnbar with cost reimbursement to come from AEE. G. The Developer Agreements provide for each Developer to design and construct sewage collection systems (the "Developer Collection Systems") on their respective Developer Properties. FROM :HERBERT S KLEIN 970 728 3069 1999.09-22 15:32 fE5S P.14 H. The Parties wish to amend the Developer Agreements with respect to the design, construction and utilization of the Connecting Main, the cost recovery associated with the Connecting Main, and which party will construct the Main. 1. The Parties desire to address these issues within in this Agreement and set forth their agreement regarding the terms, covenants and conditions under which such Connecting Main will be constructed and utilized. The Parties desire this Agreement to supercedc, modify and/or amend the Developer Agreements to the extent such Developer Agreements are inconsistent or conflict in word or interpretation with this Agreement. NOW, THEREFORE, for and in consideration of the premises and mutual covenants hereinafter set forth, the Parties agree as follows: 1. Section 1.b. in the Developer Agreements shall be amended in its entirety to read as follows: Connecting Main. A connecting sewer line will need to be designed and conducted within the Ranch Property ("Connecting Main"), in order to connect the Developer Collection Systems to the nearest existing main on the Ranch Property in the cul-de-sac at the end of Stagecoach Lane. The Connecting Main is expected to traverse through (1) the easement described in the Agreement, Easement Grant and Mutual Release dated June 28, 1986, recorded in Book 697 at Page 616 of the Garfield County real estate records ("Usage Easement"), being an easement under which AEE has the right to use a portion of the Ranch Property adjacent to the AEE Property's west boundary ("Preshana Usage Portion-); (2) through the easement owned by St. Finnbar along the south line of Lot 13, Ranch at Roaring Fork, Phase 5, or, through the easement along the southerly boundary of Lot 12, Ranch at Roaring Fork, Phase V, as described in the Agreement for Water and Sewer Easement dated October 20, 1995, recorded in Book 957 at Page 131 of the Garfield County real estate records; and (3) through the cul-de-sac to the point where the existing Ranch train is located (the "Connecting Main Easement Route"). The Parties hereby grant to each other a reciprocal non-exclusive easement right and privilege to use and enjoy the easements along the Connecting Main Easement Route. The Connecting Main shall be owned and operated, maintained, repaired and replaced by the Ranch. Notwithstanding that fact, the Connecting Main shall be designed, engineered and installed by and at the cost and expense of the. Developers, subject to the direction and approval ofthe Ranch, or if it has been activated, the Committee, as defined in the Developer Agreements, in the exercise of its reasonable discretion. The Developers shall indemnify and hold harmless the Ranch from all loss, cost, damage and expense, including, without limitation, attorneys fees, arising out ofthe design, engineering and installation of the Connecting Main by the Developers. Such loss resulting from the design, engineering and installation ofthe Connecting Main shall be borne by the Developers in accordance with their respective Developer Share. 2 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 FROM :HERBERT S KLEIN 970 728 3069 1999.08-22 15:33 #66S P. 1S The Connecting Main shall, at some accessible point, have manhole access and a means to shut off effluent entering the existing Ranch system. The Developer first prepared, in terms of land use approvals, planning and construction schedule, to tie into and begin. utilizing the Connecting Main shall have the right and obligation to design and construct the Connecting Main (the "Constructing Developer"), 2. Section 4.b. in the Developer Agreements shall be amended in its entirety to read as follows: Dey'e1gaers ivhtc to Connect. Whichever Developer is not the Constructing Developer pursuant to Section 1 (b), as amended (the "Connecting Developer"), shall have the right to connect into and use the Connecting Main . It is expected that each Developer will tie-in and connect their respective Developer Collection Systems and collection main lines to the Connecting Main at the point labeled "MIT A3" on the attached Master Utility Plan Map, incorporated herein by reference, which point lies in the Usage Easement . Any such physical connection to the Connecting Main shall be at the sole cost and expense of the Developer making the connection. The Constructing Developer shall timely submit to the Connecting Developer and the Ranch the design and engineering plans and specifications for the Connecting Main and the Connecting Developer and the Ranch (or the Committee, if activated), at their sole expense, shall have the right to (i) review and, based on reasonable grounds, approve and/or disapprove of the design and engineering plans produced by the Constructing Developer's engineers, and (ii) inspect construction of the Connecting Main to insure compliance and adequate provision for the Connecting Developer's future tie-in. At the time of connection, and as a condition precedent to commencement of service to the Connecting Developer, the Connecting Developer shall pay to the Constructing Developer its Developer Share, as defined below, of the costs to the Constructing Developer of designing and installing the Connecting Main ("Construction Costs"). The "Construction Costs" of the Connecting Main shall mean and include all labor, materials, equipment, engineering, survey work, permit fees, inspection fees, and other actual out-of-pocket costs and expenses reasonably required in connection with and incurred to complete the design, construction, and installation of such Connecting Main and manholes. Upon completion of the work, an affidavit of costs itemizing and certifying all costs and expenses incurred in connection with the Connecting Main construction, will be submitted by the Constructing Developer for approval by the Ranch and Connecting Developer, thereby establishing the "Construction Costs" for purposes of reimbursement under this Agreement. Any disputes regarding incurment or payment of Construction Costs shall be submitted to binding arbitration before one arbitrator under the Commercial Rules ("Rules") of the American Arbitration Association in Aspen, Colorado. In order to expedite said arbitration, all time periods set forth in the rules shall be reduced by one-half ('f7) except that no time period shall be less than three (3) days and no time period affecting performance by the arbitrator shall be reduced except with the consent of the arbitrator. As part of its award or judgement in the arbitration , the arbitrator shall have authority to award the prevailing party its reasonable attorney fees and costs. Pending any arbitration, the Connecting Developer may, 3 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 FROM :HERE6RT S KLEIN 970 728 3069 1999.09-22 15:33 14669 P.16 at its option, escrow with the Ranch the amount set forth in the affidavit ofConstruction Costs and obtain immediate service. The escrow amount shall be deposited with a local commercial bank in a money market type account with all interest accruing thereon paid to the Connecting Developer. Absent negligence or willful acts or omissions, the Developers agree to indemnify and hold harmless the Ranch in connection with its undertaking any duties as the escrow hereunder. Following construction ofthe Connecting Main, each Developer shall reimburse the Ranch its Developer Share ofthe costs of thereafter maintaining, repairing and replacing the Connecting Main ("Maintenance Costs"). The "Developer Share" shall initially be based on the Developers' development plans and shall be 77% to AEE and 23% to St. Finnbar. After build -out on the Developer Properties, the "Developer Share" shall be adjusted and from that point forward, mean the proportion which the EQRs on the particular Developer Property and actually connected to the Connecting Main, bears to the total EQRs actually connected to the Connecting Main. The Ranch may shut off sewer service to a Developer if that Developer at any time fails, after reasonable notice and right to cure, to pay its Developer Share of any Maintenance Costs required to be paid to the Ranch. 3. Sewer Lin asement ver Preshana Usage Portion. AEE agrees to grant to St. Finnbar and the Ranch a perpetual, non-exclusive easement, right and privilege to use thc Preshana Usage Portion, for purposes of St. Finnbar installing and utilizing a sewer line to connect to the Connecting Main. �. Future Cost Recovery and Capacit4y. The Developers have a first right to the capacity in the Connecting Main. Should any other party hereafter connect to or otherwise utilize the improvements funded by Developers for purposes of collecting andior conveying effluent to the Ranch wastewater treatment system ("Subsequent User"), they shall be required to pay to Developers, in an amount equal to thc costs incurred by the Developers multiplied by a fraction where their proportionate demand, computed and calculated on an EQR basis is the numerator and the denominator is the total EQR's to be served by the facilities between the Developers and the Subsequent User(s), escalated at the rate of 3% per year from the date of Connecting Main completion to the date of the Subsequent User connection ("Developer Rebate"). For purposes of this provision, the term "EQR" shall have the definition set forth in the Developer Agreements. The Itanch shall condition sewer service to such Subsequent User(s) upon payment of the Developer Rebate. 5. Representations Regarding ements. St. Finnbar represents to the other Parties that it is the owner of and has good title to the easement recorded in Book 892 at Page 513 of the Garfield County Real Estate Records ("Lot 13 Easement") situated along the south line ofLot 13, Ranch at Roaring Fork, Phase 5 ("Lot 13"). AEE, represents to the other Parties that it is the owner of and has good title to that part of the Usage Easement under which AEE has the right to use a portion of the Ranch Property adjacent to AEE Property's west boundary (Preshana Usage Portion), and to the easement along the southerly boundary of Lot 12, Ranch at Roaring Fork, 4 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 FROM :HERBERT S KLEIN 978 728 3069 1999.09-22 1S:34 #669 P.17 Phase V ("Lot 12"), as described in the Agreement for Water and Sewer Easement dated October 20, 1995, recorded in Book 957 at Page 131 of the Garfield County real estate records ("Lot 12 Easement"}, The Ranch represents to the other Parties that it is the owner of and has goad title to (or, in the alternative, has the right to make available for the purposes ofthis Agreement) that portion of the Connecting Main Easement Route from the westerly end of the Lot 13 Easement or Lot 12 Easement through the cul-de-sac at the end of Stagecoach. Lane to the point where the existing Ranch main is located. With respect to the Lot 13 Easement, St. Finnbar agrees, within sixty (60) days following execution of this Agreement by all parties to provide the other parties with either: (i) evidence from a reputable title company that no mortgage or deed of trust (a "Lien" and the holder thereof being a "Licnholder") on Lot 13 is senior or prior to the Lot 13 Easement or (ii) good and sufficient subordination(s) in recordable form by any senior or prior Lienholder(s) on Lot 13, subordinating said Lien(s) to the Lot 13 Easement. AEE agrees, within sixty (60) days following execution of this Agreement by all parties that it shall, with respect to the Preshana Portion of the Usage Easement, provide the other Parties with either (i) evidence from a reputable title company that there exists no Lienholder on the AEE Property with a Lien senior or prior to this Agreement and, in particular, the easement granted to. St. Finbar under Paragraph 3 above or (ii) a good and sufficient subordination(s) in recordable form from any Lienholder(s) on the AEE Property subordinating said Lien (s) to this Agreement and, particular, the easement granted to St. Finnbar under Paragraph 3 above. AEE further agrees, with respect to the Lot 12 Easement, within sixty (60) days following execution of this Agreement by all parties, to provide the other parties with tither: (i) evidence from a reputable title company that no mortgage or deed of trust (a "Lien" and the holder thereof being a "Lienholdef') on Lot 12 is senior or prior to the Lot 12 Easement or (ii) good and sufficient subordination(s) in recordable form by any senior or prior Lienholder(s) on Lot 12, subordinating said Lien(s) to the Lot 12 Easement. 6. Recordation of Agreement. Upon full execution hereof, this Agreement shall be recorded in the real estate records of the county(s) where the property(s) affected hereby is located. 7. Limited Modification, The Developer Agreements shall remain in full force and effect and all provisions contained therein shall apply equally to this Agreement and be unchanged, except as expressly amended or modified or rendered inconsistent with the terms of this Agreement, in which case the terms of this Agreement shall control. LN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first set forth above. RANCH AT ROARING FOR HOMEOWNERS ASSOCIATION, INC., a Colorado nonprofit corporation. By: Its: 5 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 FROM :HERBERT S VLE I N STATE OF COLORADO COUNTY OF GARFIELD 970 728 3069 1999.09-22 15:34 #669 P.18 ASPEN EQUESTR IAN ESTATES, LLC ST. FLNNBAR LAND COMPANY, a Colorado corporation. ) ss. The foregoing instrument was ackno 1999, by(`jpi as as Ranch at a Colorado non-profit corporation. ed before pie on this day of and by g Fork Homeo STATE OF COUNTY OF ) ss. ) otary Public My Commission Expires: 7/23/2001 The foregoing instrument was acknowledged before me on thia4A day of L 6 199, by Jay Weinberg as managing member of Aspen. Equestrian Estates, LLC, a Colorado limited liability corporation./ 6 Notary Pub My Commission Expires: FROM :HERBERT S KLETN 970 728 3359 STATE OF CO ) ss. COUNTY OF Lomet,e7 1999.09-22 15:34 :559 R.19 The foregoing instrument was acknow edged befog of_267e4074- on this[ day of t 99Z by 0./„° I, / r '� _ ' Sec of St. Finnbar Land Company, a Colorado corporation. 7/2 Notary blic My Commission Expires: 1Weinbag1487,DoesLSIF inereshanaRRFCetsn tMainAgrmtCL4.ffixi 7 MYCOMM1SSIQN E]«iAES 4/7/01 ::NAI PROM :HERBERT S KLEIN 970 729 3069 1999.09-22 H, Ex m=6255.3 v-62411,61' 1 A1 -EX H. Al = 6253.40 1N 3 2150.2? A2 -A1 251ii -Ex 'llq. i\.Tqv 1 ` l � \ 1 LOT 12\ L RANCH AT \ *ROARING FOR \ PHASE V -\ LAT 13 M.H. A2 RIM - 6255 50 INV, IN = 6'50.78 A3 -A2 INV, OUT = 6250,3a A2 -A7 1 N i1� EXISTING Tr\ \4 �0' SEWER EASI34ENT 15:34 #3669 P.20 M.H. At RIM - 5256,00 INV. IN - 6252 INV. OUT = 62 2A1 PROPOSED 10' UTILITY EASEMENT 4 EXISTING 20' SEWER it WATER EASEMENT M.N. A3 Rlr�l - 6256.0 INV. IN = 62 INV OUT • 6 PROPOSED 4" SEWER DAT: 9-16.99 ST. FINNBARR JOB NO,: 99C3o.(it 14ONI 223 ClOCCEI MUM NC r�av 21201 ZONE DISTRICT DESCRIPTIONS PRESHANA FARM PLANNED UNIT DEVELOPMENT P. U. D. ZONE DISTRICT DESCRIPTIONS and VARIANCE FROM SUBDIVISION REGULATIONS August 28, 1997 REVISED PER RESOLUTION 98-11, Dated March 2, 1998, OF THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO. 1. ZONE DISTRICTS The provisions of these regulations shall prevail and govern the development of Preshana Farm PUD provided; however, where the provisions of Preshana Farm PUD Zone Regulations do not clearly address a specific subject, the ordinances, resolutions or regulations of Garfield County shall prevail. Definitions established herein shall take precedence over definitions established by the Zoning Regulation of Garfield County, adopted January 2, 1979 and as amended, wherever these regulations are applicable to Preshana Farm PUD. A. ZONE DISTRICTS LISTED To carry out the purposes and provision of the Garfield County Zoning Resolution of 1978, Garfield County, Colorado, as amended, the Preshana Farm Planned Unit Development Zone District is further divided into the following zone district classifications: - S. - E.C. - R20-S.F.R.. - R10-S.F.R Open Space District Equestrian Center District R20 - Single Family Residential District R10 - Single Family Residential District 6. O.S. OPEN SPACE DISTRICT 1. Uses By Right: a. Open Space and Greenbelt b. Park c. Water Storage Tank d. Pasturing of livestock including structures providing shelter for livestock and livestock feed when the footprint of the structure is 600 square feet or less. 1 2. Uses, Conditional NONE �l„fbr\, . n ses, Speciates --_-- a. Golf Course b. Golf Driving Range inimum o Area 43,560 Square Feet (1 acre) 5. Maximum Lot Coverage a. Buildings: 5 per cent of net developable land b. All impervious materials: 10 per cent of net developable land c. And as further restricted by Supplemental Regulations. 6. Maximum Floor Area NONE 7. Minimum Setbacks a. Front Yard 50 feet b. Rear Yard 35 feet c. Side yard 35 feet B. Maximum Building Height 16 feet C. E.G. Equestrian Center DISTRICT 1. Uses By Right: a. Riding Stable, Equestrian Arena and Tack Shop b. Agricultural, including farm, ranch, garden, greenhouse, plant nursery, orchard, and customary accessory uses including buildings for the enclosure of animals or property employed in any of the above uses and retail establishment for the sale of goods processed from raw materials produced on the lot. c. Employee Housing units either attached or detached. d. Veterinary Clinic e. Park and open Space f. Public Equestrian Event attended by Tess than 300 people 2 2. Uses, Conditional: NONE 3. Uses, Special: a. Horne Occupation b. Indoor and Outdoor Golf Driving Range c. Golf Course with associated clubhouse including customary accessory uses including pro -shop, retail food and beverage rizirdoliti service. 1 r_v Athletic Club with indoor and outdoor facilities 4 e. Miniature Golf f. Indoor Commercial Recreation 4. Minimum Lot Area 43,560 Square Feet ( 1 acre ) 5. Maximum Lot Coverage 30 percent 6. Minimum Setback a. Front Yard 35 feet b. Rear Yard 25 feet c. Side Yard 25 feet 7 Maximum Building Height 25 feet, Except that a water storage tank or a structure enclosing such tank may be 32 feet to the highest ridgeline of the structure. D. R20/S.F.R. R20/SINGLE FAMILY RESIDENTIAL DISTRICT 1. Uses By Right: a. Single family and customary accessory uses including building for shelter or enclosure of animals or property accessory to use of the lot for residential purposes and fences, hedges, gardens, walls and similar landscape features. b. Park and Open Space 3 2. Uses, Conditional NONE 3. Uses, Special: a. Day Nursery (maximum of 6 nonresident children) b. Home Occupation 4. Minimum Lot Area 20,000 square feet 5. Maximum Lot Coverage 40 percent 6. Minimum Setbacks Front Yard: 25 feet Rear Yard: 25 feet except as depicted on the final plat (Note: Lots 11, 12 & 13 to have 60 foot rear yard setback) Side Yard: 20 feet 7 Maximum Building Height 25 feet B. Maximum Floor Area 0.40/1.0 and as further provided under Supplemental Regulations 9. Minimum Off -Street Parking Parking Spaces 6 D. R10/S.F.R. R10/SINGLE FAMILY RESIDENTIAL DISTRICT 1. Uses By Right: a. Single family and customary accessory uses including building for shelter or enclosure of animals or property accessory to use of the lot for residential purposes and fences, hedges, gardens, walls and similar landscape features. b. Park and Open Space 2. Uses, Conditional NONE 3. Uses, Special: a. Day Nursery (maximum of 4 nonresident children) b. Home Occupation 4 4. Minimum Lot Area 10,000 square feet Maximum Lot Coverage 40 percent 6. Minimum Setbacks Front Yard: 25 feet Rear Yard: 25 feet except as shown on final plat (Note: Lots 16 - 19 to have 50 foot rear yard setback) Side Yard: 15 feet 7. Maximum Building Height 25 feet 8. Maximum Floor Area 0.4011.0 and as further provided under Supplemental Regulations 9. Minimum Off -Street Parking Parking Spaces 6 Il. DESIGN STANDARDS A. SIGNS All signs shall be subject to the Garfield County Zoning Resolution as amended except as listed below 1. Open Space District One subdivision identification sign not to exceed 100 square feet. R10 — Single Family Residential District One subdivision identification sign not to exceed 50 square feet. One real estate sign not to exceed 50 square feet �. B. FENCES All fences shall be subject to the Garfield County Zoning Resolution as amended except as listed below 5 1 1 1 1 Fences within the Open Space District shall observe the following criteria except for areas requiring protection from wildlife: 1 1 1 1 2. Fences within the Residential Districts shall not exceed 48" when located a) Maximum height: Wire Fence or solid fence or wall - 44 inches Rail Fence - 54 inches b) Wire strand fences shall have a minimum of 12 inches between the top two wire strands. d) Fences higher than 54" designed to exclude deer and elk from gardens, landscaped areas or storage areas shall meet the required building setbacks of the district. within the Front Yard Setback. C. LIGHTING ' All site lighting shall be downward directed to avoid projection of the light beyond the boundaries of the lot. The luminar light source shall be shielded to minimize glare when observed from adjacent lots. III.. VARIANCE FROM SUBDIVISION REGULATIONS 1 A. STREET DESIGN STANDARDS 1 Except as defined below, all provisions of the Garfield County Subdivision Regulations shall be applicable to the Preshana Farm PUD. 1 1 1 1 1 1 1, Design Standards: Standard street design shall be as identified in the attached chart titled Preshana Farm - Road Design Standards. 2. Cul-de-sac Length: Cul -de --sacs in excess of 600 feet shall observe the following design standards: a. Minimum Right -of -Way Radius b. Minimum Driving Surface, Outside Radius 6 t eet 1 1 PRESHANA FARM PUD Load Design Standards 7/28/97 TOAD NAME R.O.W. LANE SHOULDER DITCH MINIMUM MAXIMUM CUL-DE-SAC WIDTH WIDTH WIDTH WIDTH C. LINE GRADE RADIUS 1 All widths & radii are in feet RADIUS R.O.W. Primary Access 70 12 4 10' min. 100 6% 75 'Secondary Access 70 11 4 10' min. 100 6% 75 NOTES: 1. All road surfaces are a minimum of chip & seal. ' 2. All roads are two lanes in width. 3. Shoulders are gravel or a stablized structural section as approved by the County Road Supervisor that allows grass to grow in the shoulder area. ' 4. Curb and gutter are not required on any road in the PUD. 5. Cul-de-sacs shall have a minimum paved, outside turning radius of 70 feet 1 1 1 1 1 1 1 1 1 1 January 6, 2000 Leslie Hope High Country Engineering, Inc. 923 Cooper Avenue Glenwood Springs, CO 81601 GAAFIELD COUNTY PLANNING DEPARTMENT 109 8TH ST. - SUITE 303 GLENWW(0'0 SPRINGS, CO 81601 fir RECEIVED POI FIRE • EMS • RESCUE nig RE: Aspen Equestrian Estates— Tank Building and Pump house Dear Leslie, Thanks for the opportunity to comment on the tank and pump house drawings. I have reviewed them for compliance with the following standards: • NFPA 20, Standard for the Installation of Stationary Pumps for Fire Protection, 1999 edition • NEPA 22, Standard for Water Tanks for Private Fire Protection, 1998 edition • NEPA 24, Standard for the Installation of Private Fire Service Mains and Their Appurtenances, 1995 edition I will need additional information for the booster pump station including detailed data describing pump, driver, controller, power supply, fittings, and suction and discharge connections. (NEPA 20, 1-4.3) General Comments: 1. The centrifugal fire pump shall be listed for fire protection service. (NEPA 20, 2-2.1) 2. Rated pump capacities shall be rated at net pressures of 40 psi or more. (NEPA 20, 2-3) 3. Check and gate valves at pump discharge to be listed. (NFPA 20, 2-10.4) 4. Pressure gauges to be installed per NEPA 20, 2-5 5. Provide circulation relief valve per NEPA 20, 2-6 6. Suitable means shall be provided for maintaining the temperature of the pump room above 40°F. 7. Provide pump room ventilation and drainage per NEPA 20, 2-7 8. Install listed outside screw and yoke (OS&Y) gate valve in pump suction pipe. (NEPA 20, 2- 9.5 9. Install vortex plate at entrance to suction pipe per NEPA 20, 2-9.10 10. Installation of the pump shall be arranged to allow the test of the pump at its rated conditions as well as the suction supply at the maximum flow available from the fire pump. (NEPA 20, 2-14) 11. Provide hose valves and hose valve header for testing per NFPA 20, 2-14.3 I2. All controllers and transfer switches to be installed and tested per NEPA 20, Chapter 7 13. Acceptance Testing, Performance and Maintenance to be per NEPA 20, Chapter 11. Carbondale & Rural Fire Protection District 300 Meadowood Drive • Carbondale, CO 61623 • 970/963-2491 Fax 963-0569 • • Aspen Equestrian Estates — Tank Building and Pump House Page 2 The fire hydrant, which is to be connected directly to the water tank, should be painted yellow with "SUCTION" stenciled on the bonnet. The other fire hydrant indicated on the drawings, connected to the discharge side of the fire pump, should be removed and a standard fire department connection (FDC) installed in its place. (See NFPA 24, 2-6) The FDC should be placed at the outside wall near the entrance to the pump room. Connection to the FDC from fire department apparatus would allow the system to be pumped in the event of a pump or power failure. Please contact me if you have any questions or if 1 can be of any assistance. Sincere Bili Gavette Fire Marshal Cc: Kit Lyon, Garfield County Planning • • ," PRESHANA FARM PLANNED UNIT DEVELOPMENT P. U. D. ZONE DISTRICT DESCRIPTIONS and VARIANCE FROM SUBDIVISION REGULATIONS August 28, 1997 I. ZONE DISTRICTS A. ZONE DISTRICTS LISTED To carry out the purposes and provision of the Garfield County Zoning Resolution of 1978, Garfield County, Colorado, as amended, the Preshana Farm Planned Unit Development Zone District is further divided into the following zone district classifications: - O.S. - E.C. - R20-S.F.R. - R10-S.F.R Open Space District Equestrian Center District R20 - Single Family Residential District R10 - Single Family Residential District B. O.S. OPEN SPACE DISTRICT Uses By Right: a. Open Space and Greenbelt b. Park c. Water Storage Tank d. Golf Course e. Golf Driving Range f. Pasturing of livestock including structures providing shelter for livestock and livestock feed when the footprint of the structure is 600 square feet or less. 2. Uses, Conditional NONE 3. Uses, Special NONE 4. Minimum Lot Area 43,560 Square Feet ( 1 acre ) 1 • 5. Maximum Lot Coverage a. Buildings: 5 per cent of net developable land b. All impervious materials: 10 per cent of net developable land c. And as further restricted by Supplemental Regulations. 6. Maximum Floor Area NONE 7 Minimum Setbacks a. Front Yard 50 feet b. Rear Yard 35 feet c. Side yard 35 feet 8. Maximum Building Height 16 feet C. E.C. Equestrian Center DISTRICT 1. Uses By Right: a. Riding Stable, Equestrian Arena and Tack Shop b. Agricultural, including farm, ranch, garden, greenhouse, plant nursery, orchard, and customary accessory uses including buildings for the enclosure of animals or property employed in any of the above uses and retail establishment for the sale of goods processed from raw materials produced on the lot. Single family dwelling Two family and multi -family dwellings for persons employed on the premise e. Veterinary Clinic f. Day nursery g. Park and open Space h. Public Equestrian Event attended by less than 300 people 1. Indoor and Outdoor Golf Driving Range j. Golf Course with associated clubhouse including customary accessory uses including pro -shop, retail food and beverage service, athletic facilities and tennis courts. c, 2. Uses, Conditional: NONE 3. Uses, Special: a. Horne Occupation 2 1 • b. Athletic Club with indoor and outdoor facilities c. Miniture Golf d. ,' Indoor Commercial Recreation ., up,..Aik OTC Ck.-7d 4. Minimum Lot Area 43,560 Square Feet ( 1 acre ) 5. Maximum Lot Coverage 30 percent 6. Minimum Setback a. Front Yard 35 feet b. Rear Yard 25 feet c. Side Yard 25 feet Maximum Building Height 25 feet, Except that a water storage tank or a structure enclosing such tank may be 32 feet to the highest ridgeline of the structure. �. R20/S.F.R. R20/SINGLE FAMILY RESIDENTIAL DISTRICT 1. Uses By Right: a. Single family and customary accessory uses including building for shelter or enclosure of animals or property accessory to use of the lot for residential purposes and fences, hedges, gardens, walls and similar landscape features. b. Park and Open Space 2. Uses, Conditional NONE 3. Uses, Special: a. Day Nursery (maximum of 6 nonresident children) b. Home Occupation Minimum Lot Area 20,000 square feet 3 11 (=WIN NOZ and `4.Vccx., 4: DEC. -15` 99 (WEN 16:33 WRI WATER GLNWOOD TEL:90459110 P. 002 Cov�-�.s� November 5, 1999 Michael Erion, P.E. Wright Water Engineers, Inc. 818 Colorado Avenue P.O. Box 219 Glenwood Springs, CO 81602 Re: Aspen Equestrian Estates — Response to Comments HCE Project No. 99030.01 Dear Michael: • ‘vATE R E'N 'L c5 INC. NOV DB1999 The purpose of this letter is to respond to your comments in the letter dated October 27, 1999. Water Supply 1. On the revised plans, HCE will show a back-up well and the connections to the primary well. 2. HCE's attorney will be addressing this issue of the surety for the permanent augmentation plan. 3. Per our conversation on October 27, 1999, we will provide a fire connection on the outside of the water tank. This connection will provide the fire trucks with access to the water supply in the event of a power outage. 4. The water system design has been submitted to the State for their review. Wastewater 5. The Ranch at Roaring Fork is in the process of providing a document to the County that will address this issue. DrainagefFioodplains 6. The details for the swales and outfall channels will be provided on the revised plans. 923 COOPER AVENUE • GLENWOOD SPRINGS, COLORADO 81601 Telephone (970) 945-8676 • Fax (970) 945-2555 DEC. -15' 99 (WED) 16:34 WR1 Y4'ATER GLNWOOD TEL: 459210 P. 003 Mr. Michael Erion November 5, 1999 Page 2 7. HCE did not directly state the Best Management Practices (BMPs), but did use the following best management practices: minimizing directly impervious areas, grass lined swales instead of curb and gutter, and installing silt fences and hay bales during construction activities. 8. Since the preliminary plan submittal, HCE has prepared a Stormwater Management Plan and. an NPDES Permit, and submitted them to the State. These erosion control measures are on the revised Grading and Drainage Plan. The floodplain boundary was digitized off of the FEMA FIRM map. The water surface elevations were based off of the FEMA worksheets for the Roaring Fork River. On the worksheets, they have spot elevations on the bridge and in the parking area of the existing equestrian area. HCE surveyed these locations, and is on the same datum as the FEMA mapping. Therefore, the finished floor elevations are accurate. A copy of each of these maps has been included for your review. Soils/Geotechnical 10. We will add a plat note requiring site-specific geotechnical studies for each lot. Wetlands 11. The plat will be revised to show the wetland delineations and the wetland protection measures that were outlined by Ecological Environmental Consulting. TrafflcfRoads 12. This issue was addressed at the PUD hearing and was not required. Miscellaneous Comments on the Drawings -7. 13. A copy of the perpetual easement description is included with this letter. 14. The outflow channel will be finalized on the revised Grading Plan. 15_ The culverts will be provided on the revised Road Plan and Profiles. 16. The utility notes will be revised on Sheet 18. 17. The easement for the potable water system improvements will be further clarified. DEC. -15' 99 (WED) 16:34 WRI•WATER GLNWOOD TEL: 459210 P. 004 Mr. Michael Eason November 5, 1999 Page 3 Concurrently with the preliminary plan submittal to Garfield County, HCE submitted the sewer plans and specifications to McLaughlin Water Engineers, Ltd., who represents the Ranch at Roaring Fork's Homeowners Association. The primary result of their review was to increase the cover of the sewer main to 5 feet minimum cover (or to provide insulation if this cover cannot be met), Therefore, the sewer plarr and profiles are being revised. If you have any further questions or comments, please feel free to give me a call. Sincerely, HIGH COUNTRY ENGINEERING, INC. taiw Leslie A. Hope, P.E. Project Manager Enc gibe- LIPP cc. Kit Lyon, Garfield County Building and Planning Ron Liston, Land Design Partnership Janet Lightfoot, Aspen Equestrian Estates Tom Zancanella, Zancanella & Associates PEG, -15' 99 MED) 16:34 WRISWATER GLNWOOP TEL: 4592113 P.005 99c 3v. 0/ 4x• •Tim "!Y P-V••y�` +r+ -► - �* Recorded al 5:OQ0•clock Reception Na MILDRED ALSDCRF. RECORDER GARFIELD COUNTY. CDLORADO AGREEMENT, EASEMENT GRANT AND MUTUAL RELEASE Boon 697 r c,61E IIRELEASE is made asatthi5'4 day f _,ifi 1986, between the RANCH ROARING gdypo- IAT1INC.,aRbethee hand, and GERTRUDE L. PEET, d/b/a St. Finnbarr Farm (Sc."Finnbarr"), on the other hand. RECITALS WHEREAS. the lands which are the subject of this Agreement. Easement Grant and Mutual Release are situate in part of Lot 19 and Lot 13 of Section 31, Township 7 South, Range 87 West of the 6th Principal Meridian, Garfield County, Colorado ("Parcel 'A"), and in part of Lor 17, Section 31, Township 7 South. Range 87 West of the 6th Principal Meridian, Garfield County, Colorado ("Parcel 'R"), as more fully described in that document entitled Ranch at Roaring Fork - Osage Easements. attached hereto and incorporated as Exhibit "A"e WHEREAS, through the years, disputes have arisen between the parties concerning the easternmost boundary of the Ranch and west- ernmost boundary of St. Finnbarr and concerning discrepancies between the true boundary line and the position of tee fence line between the Ranch and St. Finnbarr; WHEREAS, through the yeeta. disputes have arisen between the parties concerning, and the Ranch ham no instrument of record from St. Pinnbarr granting the Ranch an easement for the Ranch's access and ingress and egress for normal maintenance, imprevenents, mod- ernisation and use of the Jacobsen Extension of the Patterson Ditch and headgate located upon and across the southwest corner of St. Finnharr's property; WEEREAS, the parties desire to completely and finally resolve, and mutually release each other from all differences and claims between them as of the date of this Agreement, Easement Grant and Mutual Release relating to or arising from the circumstances described herein; WHEREAS, the Ranch desires to grant, convey, transfer and war- rant to St. Finnbarr a perpetual easement to Parcel "8" for the purpose of St. Finnbarr's use, possession and enjoyment; WHEREAS, St. Finnbarr desires to grant, convey. transfer and warrant to the Ranch a perpetual easement to the Jacobsen Extension of the Patterson. Ditch described as Parcel "A• for the purpose of the Ranch's use, possession and enjoyment; NOW, THEREFORE, in consideration of the €oregoing and mutual promises and covenants herein contained, the parties agree as follows: DEC. -15'99MWED1 16:35 WR! S WATER GLNWOOD TEL: 0459210 P. 006 1 noK 697 Pi 61_- 1. st. Pinnbarr Farr Easement and Right-of-yay to Parcel "8", The Ranch, contemporaneously with the execution hereof, shall grant, convey, transfer and warrant to St. Finnbarr its good and sufficient perpetual and exclusive easement to Parcel "B" for St. Finnbarr's full and excluci,ve use, possession and enjoyment: provided, however, that such perpetual easement and right-of-way shall prohibit the construction of any building or .tithe im rovement over or across such easement for Parcel "a' with- out, the writ -C nit of the Ranch. 2. The Ranch Farm, Easement and Right -of -why for parcel 'a', St. Finnbarr, contemporaneously with the execution hereof, shall grant, convey, transfer and warrant to the Ranch its good and suf- ficient perpetual and exclusive easement for the Jacobsen Extension of the Patterson flitch and necessary appurtenant property described as Parcel 'A" for the Ranch's full and exclusive use, possession and enjoyment, including access, ingress and egress for all mainte- nance and repair, improvement, modernization and use of the ditch and headgate; provided, however, that such perpetual easement and right -of --way shall prohibit the construction of any building or other improvement over or across such easement and right-of-way f©r Parcel 'A' without the written consent of St. Finnbarr. 3. Fence tine for Parcel A. On or before aceober , .� r 1986, the Ranch shall cause to be erected and constructed, at its 9 own expense, along the eastern line of Parcel 'A' to the point it meets the northern edge of the Roaring Fork River, a standard commercial nine (9) gauge cyClone wire mesh'fence six feet (6') in SOI? height topped with three (3) strands of barbed wire. Said fence shall not contain any gate or portal whatsoever affording any access between Parcel "A" and the remainder of St. Finnbarr's prop- erty. During the period of the erection and Construction of the fence line, St. Finnbarr shall grant to the Ranch a temporary license and right of ingress and egress over and across such por- tion of Std Finnbarr's land and premises immediately adjacent to Parcel A as may be reasonably necessary in connection vith the Ranch's construction and erection of said fence; and further, pro- vided, that the Ranch shall provide St. Pinnbar_ ten (10) days written notice prior to the commencement of its construction and erection of the fence along the eastern line of Parcel "A". 4• Future Fence Raintenan.E, From and after the date of execution hereof, the costs of maintenance of the existing boundary fence between the Ranch and Sc. Finnbarr along Parcel "8' and the boundary fence to be erected along the eastern line of Parcel 'A', after its installation, shall hereafter be borne equally by the parties; provided, however, each party shall be solely responsible for the cost for repairs to mese fences caused by the act or acts of its own officers agents, employees, owners, licensees, invitees, • or acceptable "V• PIcah wire -2- DEC. —15' 59(WVED) 16:36 \IRI•WATER GLNWOOD TEL:59210 P. 007 • s'- MMEMMOr 8r10r 697 PicC61S assigns or animals kept upon the premises. Either party. upon 60 days advance written notice to the other. may replace, at its sole cost, risk and expense, the existing boundary fence between the Ranch and St. Finnbarr along Parcel 'R" with a new stack -proof fence. The notice shall describe the type and dimensions of the proposed new fence and the anticipated construction schedule thereof. (During the period while the old fence is demolished and the new fence is erected, each party hereto shall be responsible for restraining and protecting its own livestock. Provided that timely notice has been given as aforesaid, the constructing patty snallihave and the other (non -constructing) party shall grant to the constructing patty a temporary license and right of ingress and egress aver and'across such portion of the non -constructing party's land and premises immediately adjacent to the fence line as may be reasonably necessary for the construction and erection of said new fence. The cost of past -construction maintenance of any new fence constructed along the Parcel 's' boundary shall be borne solely by the constructing part. S. Mutual Release. The Ranch releases St. Finnbarr and St. Finnbarr releases the Ranch (including its directors, officers, employees, agents, attorneys, members, successors or assigns) from any and all claims, demands, debts, obligations, liabilities, pen- alties, costs, ezpenses.. rights of action and causes of action of any kind or character whatsoever, whether known or unknown, sus- pected or unsuspected, absolute of contingent. relating to or arising from all acts Which in any way relate to the claims described herein or that relate in any ray to or arise from the circumstances and transactions described herein, or that in any way relate to Parcels "A" and 'B" described on Exhibit 'A' (the 'Released Claims'). 6. Unknown Pacts_ It is understood and agreed that the Released Claims include the described claims whether known or unknown, suspected or unsuspected, absolute or contingent. The parties acknowledge that hereafter they may discover facts differ- ent from, or in addition to, those which they now know or believe to be true with respect to the Released Claims, and agree that this Agreement. Easement Grant and Mutual Release and the Released Claims contained herein shall be and remain effective in all respects notwithstanding such different or additional facts or their discovery thereof. 7. No Previous Assignment. Each party represents to the other that it has not heretofore assigned or transferred, or pur- ported to assign Or transfer to any person, firm or corporation whatsoever, any of the Released Claims or the perpetual easements to Parcels "A' and "8'. Each party agrees to indemnify and hold the other harmless from and against any claim. demand, debt, -3- DEC. -15' 9'9 MD) 16:36 WRICIIVATER CLNW00D TEL:9559210 P. 008 ., , . .. 1- ,4 ram . „ 741; • • �!�'d��}.f,-.; : •:�!�}fL`,.Gr�41�r-cam. �p�.},�,[ adOI 697 174E61.9 obligation, liability, costs, expenses, right of action oe cause action based on, arising out of, or in connection with, any such transfer or assignment or purported transfer or assignment. 6. No Admission. It is expressly underutood and agreed that this Agreement, Easement Grant and Mutual Release and the releases contained herein are not- and shall not be construed or used as an admission of liability or responsibility by either paety as to any issue, including adverse possession issues related to Parcels AN and "B". of 9. Successors, Assigns, This Agreement, Eatement Grant and Mutual Release and the release contained herein shall be binding upon and shall operate in favor of the successors, assigns and heirs of each party. 10, Enforcement. If it shall hereafter be necessary for either party to enforce this Agreement or any Court order, ruling or judgment made pursuant hereto, the prevailing party shall he entitled co collect from the other party its damages, including reasonable attorney's Fees and costs as the Court may properly assess_ 11. Venue, Choice of Law. Venue for any action arising under this Agreement, Easement Grant and mutual Release shall rest solely in the District Court within and for Garfield County, Colorado, and the laws of the State of Colorado shall be applicable in the incer- pretation hereof_ 17, &presentation of Authoriiu. Each party represents to the other that it has a full right and authority to enter into and execute this Agreement. Easement Grant and Mutual Release. IN WITNESS WHEREOF, the parties have executed this Agreement, Easement Grant and Mutual Release on the date and year first above written. 4mom/ s: Secretary -4- RANCH A ROARING PORK HOM[EOWN " ' ASS • , ION, INC, silent Geftrude L. pee dila St. Pinnbarr Farm DEC. -15' 99(WED) 16:37 WRI•WATER GLNWOOD . -mei • �'�+t �- • 14.E =r�•fs te r!; •e r -•r STATE OF COLORADO j 1 5S: COUNTY OF raRFrFrri ) TEL:90159210 P. 009 MI 697 r+cf520 The foregoing was acknowledged before be this nth day of , 1986 by as VJ'e President and as Secretary of RANCE AT ROARING FORK ROKECWNERS ASSOCIATION, INC., a Colorado corporation. Witness my hand and official seal. My commission expires: 12/26169 ,...,p� .fig "•• STATE OF COLORADO COUNTY OF 4 1. } ) SS: G11 -- J Notary Pubi C.le4�t"c �a C #/G,da4 foregoing was acknowledged before me this ,/ day of 19B6 by GERT1U]DE L. PEET, d/b/a St. Finnbarr Perm. Witness my hand and official seal_ LiyC My commission expires; cr.•.`i;;ionZaireJon 1991 DEC. -15r`99(WED) 16:38 WRI•WATER GLNYk'0CD TEL: 45921O • r 2 n rn rn n ',trr1�a' o ' ` c n In 9$ Z 6 it? ti V, 13311 V .J In PI fll °•� h 3 •,v 3 .•- . m 0 •1 0 7 ..7 :q r °3 n . r o- 01 -31-F030 rl a I U7 n r - ar a 01, C rr M-• rn .av 7.1 - •.+mr 7 T 7 7 y o P. N 1.-•1. .7 0 1.• 7 ro 0 It iA rD art z r* CPI •• ro r • rr L75 ..., -3 0 +. 7. 1D 7 • fD rr it 7 n nr n gra a:cOU sasae r m 3• -4 M 0 r+ *w n 16 0 rJ 7 c •. O en ,+ • w r 0 :A ••1 r5 rr .D rwco en 4, Erna, A 7 r5 0. arp ►+ 01 N Y rn � O rD - pr.. [r ■+. rT .0 *3 .7 w =0 70 .% W11 7 C7u Q • 7 W VI to ro H e-+ rt CO OF A) 1.'.•�i .11 ro-10 m em r. ,. w 7' (et m re a or a, © a w fl rr Lr. ? rr 1D A N 13 r0 i v ►•• N �. ' O 0 •B .3 7 O aS_. • 01 PT rO W C. m 111•:J•1 r to 7. N N k ri 01 ry N rr M .11 +0 N S al CL r.inn on., rr •A • s lb 11.•1a .. 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P. 010 m 697 r:cE62i Psi 1 _s.�•--'�•a • f • �'1- a rr y jA- Y F � n ., n P rr, • H A Y• 1-P 0 en rr a. 3 rr W 0.7 ID,' l4D 7 r, 0. ro S O ,D rl 0 7,6 a en a a n ♦•• v 0 A 01 a O 0E3 Per, -0 M W Y Err rJ O ▪ 1[1 La 3.4_-ree `u1 i7 V F as 0 - CO 1 rr 0- A •./1 r' • r.. . • 0_ IPP Zs aouayl t4aa3 -p ;7 1. G 4 r A 2 $7-2,0P)' 1 .' 07-c F sr,1'I,.ry• ••• (' ei, n p 1 r 01 CA n P4 U + 1') .. W 1a .r IP ▪ ut Y f 0 e. 4 • V _ fir u `, 40 c ^:N W ■ .r a n 0 8.0. M tb It . d •i Lp I -1 ixi Y tir c mad/ tP m `'111 0 fi • Mcaughllt December 6, 1999 Mr. Ron Liston Land Design Partnership 918 Cooper Avenue Glenwood Springs, Colorado 81601 RE: Ranch at Roaring Fork WI i P Expansion Dear Mr. Liston: Water. engineets, I Id. RONALD C. MCLAUGHLIN WILLIAM R. KFr DALL Milt L. TOREN TERHFN(:f P KENYON RICHARD E. MCLALJGEIUN RONALD J. MCLAUGHLIN GENE A. BURREfL McHan E MERCER JOHN M. PELAIIM Muawwi R. GauUltl SCCITT E LEHMAN G. DEAN DEHOSI±R BRIAN E. CHEVALIER DANIEL f BLAHA RDHEHT i. ANDERSON GREGORY R. CHDL WAYIAND J. ANDERSON ..WIN M. KALM N CARY R. PALMER RoNAtu E. DVYORAK LEAHDFR L. Uwe DANAL M. PEIRAMALA RONALQ D. LUCERO ALAN V Julwso' SusANNE C. NIGwLLs JERROLD J. ANION Per your request, this is to provide you with status information regarding the Ranch at Roaring Fork Wastewater Treatment Plant Expansion Project. The Ranch has a service agreement with both Aspen Equestrian Estates and St. Finnbar; the plant is being designed to treat projected maximum loads from both these subdivisions. The Site Application has been approved by the State and we are now in the final design phase. The plans are now approximately 50% complete and we should have them ready to submit to the State for final review by January 15, 2000. Construction is scheduled to start in March or April (weather dependent) — with the plan in operation before the end of the year 2000. We will keep you informed of any significant schedule updates. Very truly yours, fra? Ronald C. Mc aughlin cc: Mike 13e11, Manager Ranch at Roaring Fork P:11994194-021100000lwp1RCM-M-Liston re•WWTP Exp.wpd 242O Alcott Street • Deriver • Colorado • 80211 • te 303.458.5550 • fax 303 480.9766 • tErnweOmwewater.corn AT ROARING FORK tuber 17, 1999 Mr. Ron Liston Aspen Equestrian Estates, Inc. Land Design Partnership 918 Cooper Avenue Glenwood Springs, Co. 81601 Dear Mr. Liston, • This will confirm that the Ranch at Roaring Fork Homeowners Association, Inc. will provide wastewater treatment services to Aspen Equestrian Estates in accordance with the terms of the agreement between the Ranch and AEE dated September 22, 1999. For your information, we are advised that the plans for our expanded facility will be completed and furnished to the State Department of Health in January. We also expect to submit them to contractors at that time, subject to any changes, which may be required by the Department. Sincerely yours, p r th s7 , Charles Holloway President, Ranch at Roaring Fork Homeowners Association lee 14913 Highway 82 • Carbondale, Colorado 81623 • (970) 963-3500 P.Q. Box 1908 1005 Cooper Ave. Glenwood Springs, CO 81602 • Zt4NC4NELL4 4140 453004TES, INC. ENGINEEI1ING CANSULT4NTS October 28, 1999 Mr. Mark Bean Garfield County Planning 109 Eighth Street Glenwood Springs, CO 81601 RE: Aspen Equestrian Estates - Water Quality Dear Mark: (970) 945-5700 (970) 945-1253 Fax Barringer Laboratories seems to be backed up and we are having trouble receiving timely analytical results from them. We are having particular problems getting them to send us the analyses on the state forms. despite several attempts. We finally received the results of the water samples collected on September 13, 1999 from Aspen Equestrian Estates' Appaloosa Well. They were faxed to Zancanella and Associates on October 26, 1999 (attached) For your convenience we have constructed the attached Table 1 which shows the well's analytical results alongside the Colorado Department of Public Health and Environment's (CDPHE's) Maximum Contaminant Levels (MCLS) As can be seen, all analyses were below the CDPHE's MCLs. Also attached are the results of the Microscopic Particulate Analyses (MPA) samples which were collected on September 13 and 14. 1999. These results show a low risk level for microscopic particulates. Based on the above, it appears that the water quality of the Appaloosa Well will meet current CDPHE standards. If you have any questions please call our office at (970) 945-5700. Very truly yours, Zancanella & Associates, Inc. items �-tc ui�lt Thomas A. Zancanella, P.E. cc: Ron Liston Herb Klein Scott Miller RECEIVED OCT 2 9 1999 N--197000's\97420\W aterQual.wpd Table 1 Aspen Equestrian Estates Appaloosa Well Analyses Result Maximum Contaminant Level Units Gross Alpha -2.7 ± 3.2 15 p011 Gross Beta 2.3 ± 3.0 50 pC11 Cyanide ND 0.2 mg/I Nitrogen, Nitrate + Nitrite 0.49 10 mg/I Antimony ND 0.006 mg/I Arsenic ND 0.05 mg/1 Barium 0.031 2 mg/1 Beryllium ND 0.004 mg/I Cadmium ND r 0.005 mg/1 Calcium 110 No Official Limit , mg/I Chromium ND 0.1 mg/I Copper ND 1.0 mg/I Manganese ND 0.05 mg/I Nickel ND 0.1 mgll Sodium 6.4 20 mg/I Lead ND 0.015 mg/1 Mercury ND 0.002 mg/I Selenium ND 0.05 mg/1 Thallium ND 0.002 m911 Alkalinity, Bicarbonate 190 No Official Limit mg/I Alkalinity, Carbonate ND No Official Limit mg/l Alkalinity, Total 190 No Official Limit mg/1 Chloride 5.7 250 mg/I Fluoride 0.46 4.0 mg/1 Sulfate 150 250 mg/1 Table 1 Aspen Equestrian Estates Appaloosa Well Analyses Result Maximum Contaminant Level Units pH 7.55 No Official Limit Specific Conductance 640 No Official Limit Total Dissolved Solids 410 500 mg/ Herbicides ND Individ. Analytes Vary pgll Semivolatiles ND 1 Individ. Analytes Vary pg/II Endothall ND Individ. Analytes Vary pgll DiquatlParaquat ND Individ. Analytes Vary pglll Volatiles ND Individ. Analytes Vary pglll EDB, DBCP, TCPP ND Individ. Analytes Vary pg/Il Pesticides & PCBs ND Individ. Analytes Vary pglll Trihalomethanes ND 0.10 pg/Il ote: N D = Not Detected OCT -26-1999 15:42 BARRINGER LABORATORIES 303 277 1689 P.01 4111 4110 BARRTNGER LABORATORIES, INC 1 WOO W 87H AVE STE 300 Gene . CO 8f407 (3031277-i 7 FAX {303) z77• 6684 Telecopy Transmittal To: Nyt 00,tis EavIcalt(ta a4,611 f‘Dual-e,i Date: {I f r1� i /2 --ti/ -161 We are sending pages (including cover sheet) CONFIDENTIAL This facsimile contains CONFIDENTIAL INFORMATION which also may be LEGALLY PRIVILEGED and which is intended only for the use of the Addressee(s) named above. If you are not the intended recipient of this facsimile, or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination or copying of this facsimile may be strictly prohibited. If you have received this facsimile in error, please immediately call us toll free, 800-654-0506, or focally, 303-277-1687 and return the original facsimile to us at the above address via the Postal Service. Thank You. If there are any questions regarding the analytical results of this repot[, please contact our client services department at 800-654-0506, or locally, 303_277-1687. If there is an issue regarding the facsimile, i,e., you received an incomplete or illegible fax, please call 303-590-2083. Thank You. OOT -26-1999 15:42 \\''% Barringer Laboratories, Inc. BARRINGER LABORATORIES 333 277 1689 P.02 • 15000W6th Avenue &elrr300 Golden. Colorado 80401-5047 (800) 654-0506 (303) 277-1667 CLIENT: Zancanelia & Associates Project: 97420 Work Order: 9909127 Date: 25-Ocr-99 Frei (303) 277-1659 CASE NARRATIVE All reported values in this report have been rounded to the correct number of significant figures. All calculations have been performed before applying significant figures, therefore, not all calculations may be reproducible with the results printed in this report. Analytical Comments for method EPA 524.2, and 524,2THM's: Sample were analyzed twice with surrogates failing QC limits each time. There was insufficent sample for reanalysis. Analytical Comments for METHOD EPA 525.2, SAMPLE LCS/LCSD-1180: Many analytes failed set QC recovery Iimits causing many RPDs to fail. Many analytes failed set QC recovery limits for the matrix spike sample, 9909127-01 AMS. Page 2 OCT --26-1999 15 : 42 BARR I NGER LABCRATOR I ES 303 27"/ 1689 P . 03 L.._. • Barringer Laboratories, Inc. 15000 W 6th eLveiut Suitt 300 Golden Colorado 80401.5047 (8010 554.0506 (309) 27"7-1687 Fax (303) 277.1689 Client: Lab Order: Project: Lab ID: Zuncaaclla & Associates 9909127 97420 9909127-01A Analyst% GROSS ALPHA/BETA, TOTAL Grass Alpha Gross Bata CAS# Date: 25-Ocr-99 Client Sample Ii): Preshema Farm-App;alossa Well Tag Number: Collection Date: 09/13/1999 Matrix: Aqueous 12587-46.1 12587-47-2 Qualifiers: Result z 2 sigma Limit Quai Units DF Analyzed Bach Method: EPA 9000 -2.7 s 3.2 2.3 x 3.4 VD • Not detected at the repotting lirais 1- Analyte detected below qusnatsiion limits E - Value above quanaretion range R - RPD owiside accepted recovery limns X DOPiit~tte rax pic(s) c 5 times limit 6 5 pCL/L Spike recovery outside accepted recovery finita Y - Utrspiked samplc a 4 runts amount spiked a - Araire detected in ibc associated method bLank Z - Sample > 19 times blank result Analyst: CWP 09/20/1999 P1 029 09/20/1999 P1029 Page1 OCT -26-1999 15:43 BARR I NGER LABORATORIES 303 277 1609 P.04 4111 Date: 25 -Oct -99 Barringer Laboratories, Inc. 13%10 Wdrh flsenur Scare 300 Golden. Colorado 80401.5047 18004 654-0506 (301) 277-1387 Pax (303)277-1680 Client: Zancanel]a & Associates Lab Order. 9909127 Project: 97420 Lab ID: 9909127-01B Analyses CAS# CYANIDE, TOTAL Cyunida, Total Qualifiers: 57.12-3 Client Sample ID: Presharma Farm-Appalossa Well Tar Number: Collection Date: 09/13/1999 Matrix: Aqueous Result ± 2 sigma A rt#tad: EPA 335,4 NQ ND - Not detected at the reporting chair 1 • Analyte detected below quanurauon lents E - Value above qu,In icaeon range R - RPp VASide accepted, recovery limits X - L7uplieate samples) <5 Groes limit Limit Qua' Units DF Analyzed Batch 0.01 mg/L. Analyst: TSB 09/21/1999 A1749b S • Splie rea rtery outside, accepted recovery lis du Y - lhtspikad sample 4 times amount spiked II - Analyte detected in the associated method blank Z - Samples I 0 times Wank result Page 2 OCT -26-1999 15:43 BARR I NGER LABORATORIES • \11 - Barringer Laboratories, Inc. 15000 W 6th Avenue Suite 300 Golden, Colorado 80401-5047 303 27? 1689 P.05 • (800) 654-0506 (303) 277-1687 Fax (303) 2774689 Date: 25.Qar-99 Client: Lab Order: Project: Lab ID: Zancanella & Associates 9909127 97420 9909127-01C Client Sample ID: Presharrma Farm -Appaloosa Well Tag Number: Collection Date: 09/13/1999 Matrix; Aqueous Analyses CAS# Result t 2 sigma limit Qual Units DF Analyzed Batch NITRATE+NITRITE Nitrogen, Nitrate+Nitrite 7727-37-9 Method: EPA 353.2 Analyst: TSB 0.49 0,05 mg+L 1 091271/999 A18988a Qualifies: NLD Not detected at the reporting limit J - Analyez detected below quantitation lints 8 - Value above quantitation range R - RPD outside accepted recovery limits X - Duplicate ssmplc(s) < 5 times limit S - Spike reeovrty outside accepted recpvety limitx Y - U spiked sample s 4 times arrt mt spiked R - Analyte detected in the associated method blank Z - Semple s 10 times blank result Page. 3 OCT -26-1999 15:43 BARRFNGER LABORATORIES 303 277 1689 P.06 Ba ringer Laboratories, Inc. 15000 W brit Ave,rne 5riire 300 Golden, Colorado 80401.5047 • (800 654-0506 1303) 277-1687 Paz (303) 277-1689 Date: 25-Ocr-99 Client: Lab Order. Project: Lab ID: Zancaneila & Associates 9909127 97420 9909127-01D Client Sample ID: Preshama Dann-Appalassa Wc11 Tag Number: Collection Date: 09/13/1999 Matrix: Aqueous Analyses CAS# Result *2 sigma Limit Qual Units DF Analyzed Batch ANTIMONY, TOTAL Antimony ARSENIC, TOTAL Arsenic 1CP METALS, TOTAL Barium Beryllium Cadmium Calcium Chromium Copper Manganese Nickel Sodium LEAD, TOTAL Lead MERCURY, TOTAL Mercury SELENIUM, TOTAL Selenium THALLIUM, TOTAL Thallium 7440.36-0 7440-384 7440-39-3 7440-41.7 7440-43-9 7440-711-2 7440-47-3 7440-50-8 7439-96-5 7440-02-0 7440-23-5 7439-92-1 7439--97-8 7782-49-2 7440-28-0 Method: EPA 200.9 NA Method: EPA 200,9 NO Method: EPA 200.7 0.031 ND ND 110 ND ND ND ND 6.4 Method: EPA 200.9 ND Method: EPA 245.1 ND Method: EPA 200,9 ND Method: EPA 200.9 ND 0.003 mgiL 0.002 0.01 mart, 0.002 mg/L 0.002 mg/L 0.1 mg/L 0.006 mg/L 0.005 mgrL 0.002 mg& 0.02 mg/L 0.5 mg1L 0.001 mg/L 0.0002 mg/L 0.002 mg/L 0.001 mg/L (!mitts: ND - Not detected at the reporting limit J - Anaiyre dcrcctcd below quanntanoa limits E - Value above onantiottion range R - RPD outside accepted recovery limits X - Duplicate camp c s) e 5 moo Lima S • Spike recovery outside accepted recovery limits Y - Um -inked sae:pie a 4 tines amount spiked - Aaaalyte detected is the associated method blank Z . Semple > l0 runes blank result Analyst AW 1 10/22/1999 P 11 39S Analyst: AW 1 10/2211999 P1139AS Analyst: SLM 1 09/23/1999 P1136 7 09/23/1999 P1136 1 09/23/1999 P1138 1 09/23/1999 P1136 1 09/23/1999 P1136 1 09/23/1999 P1136 1 0912311999 P1136 1 09/23/1999 P1136 1 09/23/1999 P1136 Analyst: AW 1 10/22/1999 P1139PB Analyst: AW 1 10/04/1999 A20630 Analyst: AW 1 10(22/1999 P1139.9 Analyst AW 1 10/22/1999 P1139T1 Page 4 CBCT -26-1999 15:44 BARRINGER LABORATORIES • Barringer Laboratories, Inc. 15000 W 6th Avenue Suite 300 Golden, Colorado 80401-5047 303 277 1689 P. S7 • f 800) 654-0506 (303) 277.1687 Pax (JO3) 277-1649 Date: 25 -Oct -99 Client: Lab Order: Project: Lala ID: Zancanc1 a & Associates 9909127 97420 9909127-01E Client Sample ID: Preshama Fame-Appalossa Well Tag Number: Collection Date: 09/1311999 Matrix Aqueous Analyses CAS# Result ± 2 sigma Limit Qaal Unita DF Analyzed Batch ALKALINITY Alkalinity, Bicarbonate (As CaCO3) Alkalin ty, Carbonat8 (As CaCO3) Alkalinity, Total (As CaCO3) ION CHROMATOGRAPHY, TOTAL Chksride Fluoride Sulfate PH PH SPECIFIC CONDUCTANCE Specific Conductance TOTAL DISSOLVED SOLIDS Total Dissolved Solids 471-34-1 471-34-1 T.005 16887-00-8 18984-48-8 1406.79.6 10-29-7 10.33-3 Method: SM 23208 190 ND 190 Method: EPA 300.0 5.7 0.46 150 Mtathoa: EPA 150.1 7.55 Method: EPA 120.1 540 Method: EPA 160.1 410 5 5 5 0.1 1 mg/L mg/L mg/L mg/L MOIL rng& 0.01 pH Units 1 pmhosltxn 20 mg1L Analyst: TSB 09/2411999 Al 867 09/24/1998 A1567 09/24/1999 A1867 Ana)yat: $$M 09/28/1999 A1956 09/2811999 A1956 09/29/1999 A1956 Analyst: TSB 09/24/1999 A1868 Analyst: AW 10/01/1998 A2027 Analyst: TSB 09/23+'199$ Al 827 ND . Nor deterred at the reper[ing Wait - Analyze detected below quaatitsaon hulks E - Value above quaatitarioa range R - Rt3 ourntic accepted recovery hats X - Duplicate samples) t 5 liaav1unit S - Spite recovery cowrie aCcepurd recovery limits Y - Unspikcd sampic a 4 umPs amount spiked • Analyra deme rel in the associated method blank Z ' Saurpic > 10 limes blank result Page 5 OCT -26-1999 15;44 BARR I NGER LABORATOR I ES 4110 Barringer Laboratories, Inc. 15000 W6rAAvenue .Frere 300 GoLdrn Colorado 80401-5047 3103 277 1689 P . 08 • (800) 654.0506 (303) 277-1647 Pax (303) 277-1689 Date: 25-Ocr-99 Client: Lab Order: Project: Lab ID: Zancanella & Associates 9909127 97420 9909127-01F Client Sxm,ple IU: Preshama Farm•Appalossa Well Tag Number: Collection Date: 09/13/1999 Matrix: Aqueous Analyses CAS# Result ± 2 sigma Limit Qual Units DF Analyzed Batch HERBICIDES 2,4,5-T 2.4,5 -TP (Silvio) 2,4-D z,4 -til 3,5-Dichtorvbenzoic acid 4-NitropheraV Pcif uor1en 8antaion Chioramb9n Daiappn OC PA Diearnba Malaprop D noseb Pentachlorophenol Peclomm Surr OCAA 93-`3-5 93-72-1 94-75-7 94.$2.6 51-36-5 100-02.7 50594-68-6 250-57-89-0 133.90.4 75-99-0 1881-32-1 1918-00-9 120-38-5 88.85-7 87-86-5 1918-02-1 19719-28-9 Method: EPA 515.1 NO ND ND ND NO NO N11 NO ND NO ND ND NO NO NO ND 127 0.1 KO_ 0.1 ug/L 0.4 N$ 0.5 pg/L. 0.1 µgfL 0.2 P9/1- 02 g/L0.2 igtL 0.3 PS/1- 0.1 ryL0.1 ugFL N9- 0.2 iig/L 0.2 N 1. 0.4 pg&L 0.3 .ig/L 0.1 N9IL 0.1 Ng/ - 70 -130 `DREG Analyst: RDH 1 09/2811999 P1152 1 09/28+'1999 P1182 1 09/28/1999 P1182 1 09/28/1999 P1182 1 09/2811999 P1182 1 09128/1999 P1182 1 09!2811999 P1182 1 09/28/1999 P1182 1 09(28/1999 P1182 1 09/28/1999 P1182 1 05128/1999 P1182 1 0912811999 P1182 1 09/2811999 P1182 1 09/28/1999 P T 182 1 09/28/1999 P1182 1 09/2811999 P1182 T 09/2E0 999 P1182 !+til - Not cheer d at the reporting limit 1 - Analyte detected below quaatitattoa ll airs E - Value above quanti $tion mage R - RPD outsi4c accepted recovery limits X - Duplicate sample{s1 a 5 rimes hour - Spike mnvo-y outside cctprcd recovery limits Y - llaspiteti samptc > 4 times amtluni spiked B - Analyte daccted in the eskl fated merhod blank Z - Sample > ILO LiTheS blank resWt Page 6 OCT -26-1999 15:44 BARR I NGER LABORATOR I ES 303 277 1689 P.09 Barringer Laboratories, Inc. 13000 Wbth Aur/Sur Sino 300 Gulden. Colorado 80401-5047 • (800) 654.05ft (303)2 77-1687 'i x (303} 277-1689 Date: 25-0cr-99 Client: Lab Order: Project Lab ID: 7Anranella & Associatcs 9909127 97420 99091'27-01G Client Sample ID: Preshama Farm-Appatossa TNeII Tag Number: Collection Date: 09/13/1999 Matrix: Aqueous Analyses CAS# Result x 2 sigma Limit Qual Units DE Analyzed Batch SEMIVOLATULES 2,2 `,3, 3',4,4",5• Heptacn iambi ph en yl 2,2`,3,3 ,4,5`,6,6`-4ctachterobiphenyl 2,2`,3 ,4,6-Pentschlorobiphenyl 2,2 `, 4, 4 `, 5.8 "-Hexachlomblphenyi 2,2 `, 4,4 "-TotrddlWrobtahen yl 2,3 -Duch lorabipl16ny1 2,4.5-Trtrhlorcbiphenyl 2-Chlorobipherryl Acanaphthylens Atachlor Wdrtn alpha-C11IOrdane Anthracene Atf@21118 Benz (a)anthrts co ne Benzo(a)pyrene gernzo(b)ftuoranthene € enzo{9,h,i)perytene Berizo(k)11uo ranthene Bis (2-ethylhexyl)adlpate B1s(2-ethythexyllphtbalate Buta#dor Butyl benzyl phthalate Chrysene Di-n-butyt phthalate D ibenz(a,h)e nthracene Diethyl phthalate Dimerhyt phthalate Endrin Ruorens gamma -$HC gamma -Chlordane Heptachlor Heptachlor epoxide Hexachlorobenzene HexactikerocycSopentaclierao lndeno (1,2, 3-r %)pyrene Methoxychlor Metolac/Jor Metnbuzin Method: EPA 525.2 528563-71-5 ND 49186.71.8 60233-25-2 6014.5-22-4 2437-79-8 16805-91-7 15862-07-4 2951.80.7 208-96-•8 15972.80-8 309-00-2 5103-71-9 120-12-7 1912-24-9 56-55-3 50.32.9 205-99-2 191-24.2 207-08-9 103-23-1 117-81-7 23814-86-9 85.88-7 218-01-9 84-74-2 53-70-3 84-66-2 131-11-3 72-20-8 86-73-7 56-89-9 5556-34-7 76-44-8 102447-3 118-74-1 77-47-4 193-3905 72.43-5 51218-46.2 21087-64-9 ND ND NO ND ND ND ND NO ND NO NO ND NO NO NO NO NO NO ND NO NO NO NO ND ND NO ND ND NO ND ND NO NO ND NQ ND ND NQ ND 0.3 1ibtL 0.3 di111- 0.2 1911- 0,4 pg/L 02 W9/1- 0.2 W94- 0.1 1g1L 0.1 yg/L 0.1 1911- 9/1- 0.2 11- Q/L0.2 1S/l 0.3 1giL 0.1 141 0.3 1$/L 0.2 pg/t. 0.3 1-194- 0.3 pg/L 0.3 ylg/L 0.3 pgrL 0.5 pg/L 0,8 WgIL 0.2 19/1- 0.5 pig L 0-3 Wt 0.2 141/3- 0-3 1-19/1- 0.6 9JL0.6 P9A- 0.3 W9i1- 1 pg/L 0.1 19(L 0.3 Lig/ 0.3 18/1- 0.2 pg/L 0.3 pg/L 0_2 pg/L 0.1 1g/L 0,3 VGA 0.3 PO - 0.2 Ws+L 0.3 pg/L Analyst: RDH 10/10/1999 1011011 999 10/10/1999 10/10/1999 10/1011999 10/10/1999 10/10/1999 10/10/1999 10/10/1999 1W/0/1 999 10/10/1999 10/10/1999 10/10/1999 10/10/1999 113110/1999 10/1011999 1 0/1 011 999 10/10/1999 10/10/1999 10/10/1999 10/10/1999 10/10/1 999 10(10/1999 10/10/1999 10/1 0/1999 10/10/1999 10/10/1999 10/10/11999 70/10/1999 10/1' 1999 1 011 0/1 99 9 10/10/1999 10/10/1999 10/10/1999 10/10/1999 10/10/1999 10/10/1999 10/10/1999 10/1[111999 10/10/1999 P1180 P1180 P7180 P1180 P1180 P1180 P1180 P1180 P1180 P1180 P1180 P1180 P1180 P1189 P1180 P11 B0 P1180 P1180 P1180 P1180 P1180 P1180 P1180 P1180 P1180 P1180 P1180 P1180 P1180 P1180 P1180 P1180 P1180 P1180 P1180 P1180 P1180 P1160 P1180 P1180 Qu 11&rs: ND - Not 4o4ccuyd sr the reperung limit 1- Analyte detected below yuanritarian limits E - Value above quaatituian /sage R - RPD outside accepted recovery limes X - Duplicate sar1splgo) r 5 rules omit. S - Spike recovery outside accepted recovery ]%mita Y - umpired sartmp1 a 4 Omits amourt spaced B - Analyte detected iia the associated method blank Z - Sample > 70 rimer binnlr result Pae? OCT -26-1999 15:45 BARRINGER LABORATORIES • Barringer Laboratories, Inc. 15000 W 6rA Avenue Spilt 300 Golden, Colorado 8040 1-504 7 303 27? 1589 P.10 • (8001654-0506 (303) 277.1687 Fax {303) 277--1689 Date. 25-Ocr-99 Client.: Zancanella & Associates Lab Order: 9909127 Project: 97420 Lab ID: 9909127-010 Analyses Client Sample ID: Preshalna Farm-Appalosse Well Tag Number Collection Date: 09/13/1999 Matrix: Agtcotu CAS# Result t 2 sigma Limit Qual Units DF Analyzed Batch Pentacfltorophenol Phenanthrene Pmpach{or Pyrene Sauna trsrrs-Nonactdor Tntfturalin Surr Psty lens -d12 87-36-5 85-01.08 1918-16-7 129.00.0 122-34-9 39765.50.5 1582.09-8 198-55-0 ND NO NI3 ND ND Nd ND 68 3 Vats, 0.2 tltyL 0.2 1,1 got 0,3 u91L 0.4 pg/L 0,2 WO - 0.2 0-2 udL 55-120 % EC 1 10/10/1999 P1180 1 10/10/1999 P1180 1 10/10%1999 P1160 1 10/10/1999 P1180 1 101110/1999 P1180 1 10/10/1999 P1180 1 10/10/1999 P1180 1 10/10/1999 P1180 Qurrlifie - Nt] - Not detected at the reporting limit 1 • Aaslyte detected below quandiatioa limas E - value above quanliaaon range R - RPD out M accepted recovery limits X • Duiirate saotple(s) < 5 times limit 5 Spike recovery uutaicie accepted recovery limits Y - Uaspiked sample > 4 limes amouat spiked B - Analyte detecied in the associated mcthaxi blank 2 - Sample > t6 t.imrs bLnk result Page 8 QCT -26-1999 15:45 BARRINGER LABORATORIES 4111 Barringer Laboratories, Inc. 15000 W 6r1t Avenue Scare 300 Golden, Colorado 80401-5047 303 277 1689 P.11 • 18001654.0506 (303) 277-1687 Fax (3011277-1689 Client: Lab Order Project: Lab ID: Zancaneila & Associates 9909127 97420 9909127-01H Date: 25•0c7-99 Client Sample ID: Presharna Farm-Appalossa Wel/ Tag Number: Collection Date: 09/13/1999 Matrix: Aqueous Analyses CAS# Result t 2 sigma Limit Quid Units DF Analyzed Batch ENDOTHALL Method: EPA 548.1 Endothal 145-73-3 ND 2{l 140 - Qualifiers; ND - Na detacind at the reporting limit - Analyte dctcclCd blow quail:itsnrm 1tnats E - Value above guano/anon range R • RPD outside accepted recovery Limits X - Duplicate sample(s) < 5 times Omit S - Spikc recovery Outside accepted recav(ry iimirs Y • tinspiked samples 4 Prost amount spiked II - Analyte detected in the associated merhnd blink Z - Sample )0 amts blank resuit Analyst: RDH 09/20/1999 P1063 Purge 9 OCT -26-1999 15:45 BARRINGER LABORATORIES • Barringer Laboratories, Inc. 15000 W tit Avenue Suue 300 Goldin. Colorado d0401-5047 303 277 1689 • (800) 654-0506 (303) 277.1687 Fax (303) 277-1689 14 P. 12 Date: 25 -Orr -90 Client: Lab Order: Project Lab ID: Zancanefla & Associates 9909127 97420 9909127-01I Client Sample ID: Preshama Farm-Appalussa Weil Tag Number. Collection Date: 09113/1999 Maine: Aqueous Arudysfts CAS# Result ± 2 sigma Limit Qual Units DF Analyzed Batch m1QUATJPARA[]UAT Oiguat Paraquat 85-00-7 1910.42.5 Method: EPA 549.1 N❑ NO 5 NgrL 5 l,g1L IND Not detected at the reporting limit 1- Analyst detected below quaalltairne limits E - Va3uc above quanatagon tango R - RFD outside accepted recovery Limits X - Dupheate sampic(s) <5 Eames limit S - Spike recovery nutsitle accepted recovery leans Y - Unspilona sample a 4 fines amount spiked B - Atsatytc detoctcd in the associated method blank T - Simple > i 0 times blank result Analyst JMP 09/1771999 A1780 09/17/19(39 A1780 Page 1 U OCT -26--1999 15:46 BARRINGER LABORATORIES 303 277 1689 P-13 \\s\iarringer Laboratories, Inc. 15000 W 6:h Avenue Sirsre 300 Civic/err, Colorado 80401.5047 • (800) 654-0506 (303) 277-1687 Fu (303) 277-1689 Date: 25 -Oce -99 Client: Lab Order: Project: Lab ID: 7anranella & Associates 9909127 97420 9909127-01d Clkrit Sample ID: Preshama Farm-Appalossa We /1 Tag Number: Collection Date: 09/13n 999 Matrix Aqueous Analyses CASK Result *2 sigma Limit Qua' Units DF Analyzed Batch VOLATILES 1,1,1,2 -Tetrachloroethane 1,1,1-Tnccdorvathane 1,1,2,2 -Tetrachloroethane 1,1,2-TrichloroeiYlarte 1.1-01ch{oroethana 1, t-Oichioroethone 1,1-Dichloroproperi 2,3-Trichloro er tene 12,3-Trichlorapropano 1,2,4 -Tri tlorobenzene 1.24-Trimethy{ berizone 1.2- Dibrorno-3-chlarmpropana 1,2 -Di ivmoethane 1, 2-Dicttiorthervere 12-0ichloroethane 1.2-D101nn ropane 1,3,5-7rimethylbenzena 1,3 -MN= benzene 1,3-Dit Iommpmpano 1,4-C7ichlorob enzenra 2-2-Drchloroprnpene 2-C ilorotoluene 4-Chlprotoluena 4-Iaopropyttotuane B ene $rornobanzene B rnrnochlorcenothan Bramo achloromatharte Rrornotomr 9i morrtot11an6 Catton tetrachloride Chtorobertzene Chi()routlane Chlormterm Chlarnmathana cis-1.2-0ichiorentfana cis -1.3-0 felt Ioropropene Dbrtxnocb lornmethen e Dbromometh ane Dlchiorndituormmeth an e 630-20-6 71-55-6 79.34-5 79-00-5 75.34.3 7535-4 583.58-6 87-61-6 96-18-4 120-82-1 95-63.8 96.12.8 106.93-4 95-50.1 107-06-2 78-87-5 106-67.8 541-73-1 142.26-9 106-46-7 594-20-7 95-49-8 106-43-4 99-87-6 71-43-2 108-86-1 74.97.5 7S•27-4 75-25-2 74-83-9 56-23-5 108-90-7 75-00-3 67-86-3 74.87-3 158-59.2 10061-01.5 12448.1 74-96-3 75-71-8 Method: EPA 5242 ND NO NO ND NO ND ND NO NO ND NO ND NO ND ND ND ND ND ND NO ND ND NO Nd NO ND NO NO ND ND NO NO NO NO ND NO NO NO ND ND 0.5 141. 0.5 yA 0.5 Ug/l. 0.5 pg/L 0.5g1L 0.5 pg/L 0,5 P911- 0.5 pg/L 0.5 nit 0.5 pg/L. 0.5 g1gIL. 1 UgtL 0.5 lrgt 0.5 UV - 0.5 0.5 P94- 0.5 IQ0.5 P001- 0.5 141- 0.5 pg/L 0.5 Ng1L 0.6 N92 0.5 uglL 0.5 pg/L 0.5 Ug1L 0.5 pg/L 0.5 Ug/L 0.5 PIAL 0.5 pg/L 0.5 V9A 1 P 0.5 pg/L 0.5 ug1L 1 pg1L 0.5 UgiL 1 pg./ 0.5 S14Y L 0.5 pg/L 0.5 Ug/L 0.5 P911 - 1 91L1 Ugt. QuIdirierS: ND - Not detected nr the reporting limit J - Analyte detected below quantirat e:1 litmU E - Value above quanutttioa rang R - RPD outside accepted raovery !hairs X - Dtrplieate sample(s) < 5 tions limit 5 - Spike recovery outside xcceQltd recovery limits Y - Unstilted sample y 4 braes anxituil spiked 9 - Analric dascled in the assvciaad method blank Z - Sample - 10 times blank result Analyst: MHC 09/24/1999 A1856 091224/1999 A1856 09/24/1999 Al B56 09/24/1999 A1856 09/24/1999 A18S6 09/24/1999 A1856 09/24/1999 A1856 04/24/1999 A1856 09/24/1999 A1856 09124/1999 A185s 09/2411999 Al 856 09/24/1999 A1856 09/24/1999 Al a56 09/24/1999 A1856 09124/1999 A 1856 09/24/1999 A1856 09/24/1999 A1856 09/24/1999 A1858 09/24/1999 A1856 09/24/1999 A1856 09/24/1999 A1856 09/24/1999 A1856 09/24/1999 Al 856 09/24/1999 A 1656 09/2411999 A1856 09/24/1999 Al 856 09/24/1999 A1856 09/24/1999 A1856 09/24/1999 A1856 09/24/1999 A1856 09/24/1999 A1856 0S/2411999 A1856 09/24/1999 A7856 09/24/1999 A1856 09/24/1999 A1856 09/24)1999 41856 09/24/1999 A1856 09/24/1999 Al 656 03124/1999 A1856 09/24/1999 A1856 Pao / 1 OCT -26-1999 15:46 • BARR I NGGER LABORF TOR 1 ES Barringer Laboratories, Inc. 15000 W 6th Avenue Sense 300 Golden, Colorado 80401-5047 (800) 654-0506 303 277 1689 P.14 • {303) 277-1687 Fou /303) 277-1689 Date: 25 -Oct -99 Client: Lab Order: Project: Lab ID: Lamandla & Associates 9909127 97420 9909127-011 Analyses Client Sample ID: Preshama Farm- Appalossa Well Tag Number: Collection Date: 09113/1999 Matrix; Aqueous CAS# Result x 2 sigma Limit (al Units BF Analyzed Batch ethyl benzene Fiexachl orobutadlene Isopropylbenzene m,p-Xylene Methylene chloride n-6utylbenzere rt-Pnopyibenzene Naptithelene o -Xylene sac-Butyibenzene Styrene tort-Butytbenzene Teiractiloroethene Mill am tray15-1,2-Dict Fortieth ene trans -1.3-0 ichloropropene Tnchlaroethone Trit.-hroroftuorom ethan Vinyl chloride Surr 1,2-0iChlorebanzene-a4 Sum 4.Bror11oftuorvbeslzene 100.41-4 87-68-3 98-82.8 1330-20-7 75-09-2 104-51-8 103-65-1 91-20-3 95-47-6 135.98-5 100-42-5 98-06-8 127-18-4 108-88-3 156-60-5 100 61-02-6 79-01-6 75-69-4 75-01-4 3855-82-1 460-00.4 ND NO NO NO 1.4 ND ND ND ND NC NO NO ND ND NO ND NO ND NO 71 67 0.5 1191 - 0_5 PIA 0.5 140- 0.7 yyy`L 0.5 B 10_ 0.5 vg/1- 0.5 p9/1 0,5 p9/L 0.5 Ns2 0.5 Ug/L 0.5 U9+L 0.5 Ug/L 0,5 1rgfL 0.5 141- 0.5 U9/. 0.5 UQIL 0.5 PO - 1 1)9n- 75-125 S %FiE:C 75-125 9 %REC 09/24/1999 09/24/1999 09/24/1 999 0924/1999 09124/4999 09124/1999 09/24/1999 09/24/1999 09/24/1999 09/24/1999 09/24/1 999 08/24/1999 0912411999 0912411999 09/24/1899 09/24/1999 09/24/1999 09/24/1999 09/24/1999 09/24/1999 09/24/1999 '�uali�era: ND - Not deteeted at the Teporting Genic J Analyte detected below gvantirvaoa limits E - Value above quantitated range R • RPO outside acccpred recovery limn X - laapl cafe sample(s) < 5 tittles limit S - Spike recovery outside accepted recovery limas Y - UDspiked sample a 4 tunes aanount spiked i3 - &DAM detected its the associated =dual blank Z - Samnpk s 19 times blank result 41856 41856 41856 A1656 Al856 41856 A1856 A1856 41856 41956 41856 Al 855 41556 41856 41856 A1856 41855 A1856 41855 A1856 41856 Page 12 OCT -26-1999 15:47 • BARR I N(ER LABORATORIES 303 277 1689 P.15 • Date: 25 -Oct -99 Barringer Laboratories, Inc. 15000 W 6h Avenue Saar +00 Golden, Colorcwio 80401.5047 (800)6,54-0506 (303) 277-1687 Fax (303) 277.1689 Client: Zancanella & Associates Lab Order: 9909127 Project: 97420 Lab ID: 9909127-OIK Analyses CAS# Client Sample ID: Preshatna Farm-Appaiossa Well Tag Number: Collection Date: 09!!3/1999 Matrix: Aqueous Result ± 2 sigma Limit (dual Units DF Analyzed Batch EDB,DBCP, TCPP 1,2,3-Trichlaropropano 1.2-Dibromo-3- chloroprop4ne 1,2-Dibrwnaethane Sur. 4-9ro nol1uornbenzone. 96-18-4 96-12-8 106-93-4 480-70.4 Method: EPA 504.1 ND ND ND 125 0-05 1102 0.02 62.183 PO- J,iyL %REC Qom: ND - Not detected at he reporting limit 7 - Ai:L*1e detected below quaatitation limits E Value above quantitation range R - RPD outside accepted recovery iirnits x - Duplicate samples) c 5 times limit 5 - Spike recovery outside acoepled recovery li,+tit.R Y • Unspiked sample a 4 times tomcod spiked - Aa 1yte detected in the associated method blank Z - Sample i D times blank nes u11 Analyst: ADH 082111939 P1723 09/21/1999 P1123 09/21!1999 P1123 09/2T0999 P1123 Paye 13 OCT -26-1999 15:47 BARBINEER LARORATORIES • Barringer Laboratories, Inc. 15000 W dik Avera Suue 300 Golden, Cainracia 80401-,55047 • ($00)654-0506 (3031 277.1687 303 277 16E9 P.16 Fax (303) 277-1689 Date: 25-Ocr-99 Client: Zancanclla & Associates Lab Order: 9909127 Project: 97420 Lab ED: 9909127-01L Client Sample ID: Tag Number: Collection Date: Matrix: Preshaina Farm-Appalossa Well 09/13/1999 Aqueous Analyses CAS* Result t Z sigma Limit Quaff Units DF Analyzed Batch CARBAMATE PESTICIDES 3-Hydroxycarcoluran orb Addlcatb &ulfone AJdicarb suftov cie Baygor: Carbaryl Carbofuran Methiocarb Methornyi Oxarnyl 16(15.82.6 116-064 1646-87-4 1648.87-3 114-26-1 83-25-2 1563-66-2 2032-65-7 16752-77-5 23135-22-0 ND - Not detected at else rrporeng limit J - Analyte detected below quantitation Limits E - Value above quaatatatio tangs R - RPD outside rccepteu recovery luau X - Duplicate sample(s) <5 times limit Method: EPA 531.1 NO ND ND ND ND NO ND NO ND ND 2 V92 1 PTA - 2 144. 2 ogIL 1 VW - 2 utl+L 2 Ng/L 4 ugfL 1 yg/L 2 ugIL Analyst: JMP 09/27/1999 A1904 09/27/1999 Al904 09/27/1999 A1904 09/27/1999 A1904 09/27/1999 A1904 09/27/1999 A1934 OW27/1999 A1904 09/27/1999 Al 904 09/27/1999 A1904 09/'27/1999 A1904 S - Spike recovery outside accepted recovery limits Y - Unspiked sande > 4 times amount spiked f3 - Analyte detected in the sass:cant d method blank Z - Sample a 10 dwelt blank result Page 14 QCT -26-1999 15:47 • BARR I NGEIR LABOE?ATOR I ES 303 277 1689 P,17 Barringer Laboratories, Inc. 150/10 M'Odt Avenue Sr</re 300 Golden. Colorado 8040)-5047 • (800) 654.0506 (303) 277-1687 Fax (303) 2774689 Client: Lab Order: Project: Lab ID: Zancanella & Associates 9909127 97420 9909127-01M Date: 25 -Oct -99 Client Sample ID: Preshania Farm-Appalossa Well Tag Number: Collection Date: 09/13/1999 Matrix: Aqueous Analyses CAS# Result t 2 sigma Limit Qual ❑nits DF Analyzed Batch PESTICIDES & PCBS Alachlor Aldrin alpha -Chlordane Arodor 1018 Arte or 1221 Aroclor 1232 ;Vector 1242 Arocior 1248 Arocdor 1254 rOCl0r 1280 At/aim Chlordane c s-Nanachlor Dieldrin Endrin gamma -BHC gamma-CNOrdane Heptachlor Heptachlor epoxide H exact,lor benzene Hexachksrocydopentaa le n e metholryehlor 5imazine Toxaphene trans-Nonechlor Surr. Decaritoroblohonyl Surr. Tetrach[oro-m-xylane 15972-60-8 309-00-2 5103-71-9 12674-11-2 11104-28-2 11141-16-5 53489-21-9 12672.29-8 11097-69-1 11096-82-5 1912-24-9 57-74.9 5103-73-1 60-57-1 72-20-8 58-89-9 5598-34-7 76-44-8 1024.57-3 118-74-1 77-47-4 72-43-5 122-34-9 5001-35-2 39765-80-5 2051-24-3 877-09-8 Method: EPA 505 ND ND ND NO ND NO ND NO NO ND ND ND NO ND NO NO NO ND ND ND ND NO ND NO NU 86 124 Analyst: RDH 0.6 pg/I. 1 10/05/1999 0.08 1-19/L 1 10/09/1999 0.08 pg/L 1 10/0611999 0.5 1.41. 1 10/06/1999 0.5 pg/L 1 10/06/1999 0.5 Pg/L 1 10/5/1999 0.5 PAIL 1 10/06/1999 0.5 ig/L 1 10/06/1999 0.5 pg/t. 1 10/08/1999 0.5 lrg/L 1 10/06/1999 6 1.1g/l. 1 10/0611999 2 Pg/L 1 10/06/1999 0.06 P9/1- 1 10/06/1999 0-08 PGA 1 10/06/1999 0.07 Pg/L 1 10/06/1939 0.04 p /L 1 10/06/1999 0.08 iig/L 1 10/06/1999 0.02 PO/l- 1 10/06/1999 1106 Pg/l- 1 10/05/1999 0.03 UQ/L 1 10/06/1999 0.2 Pg/L 1 10/05/1999 0.2 PM- 1 10/06/1999 5 Pg /L 1 10/06/1999 3 Pt/l_ 1 10/06/1999 0.09 Pg/L 1 10/06/1999 38-169 %REC 1 10/06/1999 63-155 %REC 1 10/06/1999 P1055 P1065 Pi 065 P1065 P1065 P1065 P1065 P1065 P1065 P1065 P1065 P1055 P1065 P1065 P1065 P1065 P1065 P1065 P1065 P1065 P1065 P1 065 P1065 P1065 P1065 P1065 P1065 ND - Not detected as the Deporting 1 u r - Analyte detected below r{ua,netadoa [ingi[s E - Value above quauibuthnu range R • RPD OttESide accepted recovery limits X - Duplicate sample(s) < 5 times Uma S - Spike recovery uu side accepted recovery Limits Y • Unsprked sample n 4 times amount spike! R . Analyst detected in the associated raerhod blank Z - Sample > 10 tunes blank rrautt Page 15 OCT-26-1999 15:48 BARRINGER LABORAT©PIES 303 277 1689 P.18 • Barringer Laboratories, Inc. 15000 W 6tAvenur Suite 300 Golden, Colorado 8040!-5047 (800) 654.0506 (303)2n-16,87 Fax (303) 277-1689 Client: Zancanella & Associates Lab Order: 9909127 Project: 97420 Lab ID: 9909127-01N Date: 25 -Oct- 9 ,) Analyses CAS# TRIHALOMETHAMES Brorru dknl0romethane Bramoform Chlorofom-, Oibrorrioch orometane Total Trihalomatttanes Suer2-D hk robenzene-d4 Sum. 4-Bromofluorobonzene 75-27-4 75-25-2 67.66.3 124.4@-1 3855-82-1 460-00-4 Client Sample Ib: Preshama Farm-Appalossa Wei[ Tag Number, Collection Date: 09/13/1999 Matrix: Aqueous Result t 2 sigma Method: EPA 524.2 ND NO NO NO NO 72 71 Limit Qua! Units 0.5 ug/L 0.5 pelt 0.5 i 9iL 0.5 lrg/L 0.5 ►1gtL 75-125 5 %AEC 75-125 S %REC DF Analyzed, Batch Analyst: MHC 1 09/2411999 A1856 1 09/24/1999 A185B 1 09/2411999 A1856 1 051124/1999 A1856 09/201999 A1858 1 09/24/1999 A1856 1 09124/1999 A1855 N11 - Nay detcVSeli At the reporting limit ] • A.nalyie detected below quanlitatioa Eirmts E - Value above gtao cation range R - RPD outside aeccptcd recovery limits X - Duplicate samples? < 5 times limit 5 - Spike recovery outside stormed recovery limns Y - uncpiked sample 4 ernes amount spiked 8 - Analyte detected in the associated metbcad blank Z • Sample > I0 times blink m uli Page 16 QCT -26-1999 \\\!!._ .Barringer Laboratories, Inc. 15:48 • BARRINEER LABORATORIES 15()0O W 6th `!venue Stare 300 Golder, Coforndo 30401-50d7 Client: Lab Order: Project: Lab ,1D: Analyses Zancanclia & Associates 9909127 97420 9909127-02A VOLATILES 1,1,1,2 -Tetrachloroethane 1• 1 ,1 -Trichloroethane 1,1,2,2-TetraOlorOrettl&ne 1,1,2 -Trichloroethane 1.1-Dichlsxoethana 1,1-01oh/oroethene 1,1-Qichloroproper* 12,3-Trichiaroh txrz 9n 1,2, 3-Trichlaroprppan 1,2,4-Trichlorobenzsn9 1,2,4-Trirnethylbenzene 1.2 libromo-3-chloro ropane 1,2 -Di bromoeth ane 1.2 -Dichlorobenzene 1.2-D1cl-dome/harls 1, 2-Oichforopropane 1,3,5-Trimethylbenzene 1,3-0ichlarobertzene 1,3.Olthloropropane .4-DI:hronabenzeno 2,2-Dichloroprcpane 2-ChlorotoWens 4-C hlorctof uone 4-16CPropyttoluene Benzene Bromobenzono Brornochloromethane 9rornoddlch loromett, ane 9rornaform Bromornothane Caton terrad-donee ChlOroberizene Chloroethane Chloroform Chloromuttiane as -1,2-0 rc hloroetheine cis-1,3-Dichforoproperle D abromochlonomethan a DIbr momethans Dichlomc1iflu o rornetha n e Quail/lets; CAS# (300)654-0506 303 277 1689 • (303/ 277-1687 Fax (303) 277-1689 Client Sample ID: Trip Blank Tag Number: Coilecdon Date: Matrix: Aqueous 630-20-6 71.55$ 79-34-5 79-00-5 75-34.3 75-35-4 563-58-6 87-61-6 96-18-4 120-92.1 95-63-6 98-12-8 106.93-4 95-50-1 107-06-2 78-87-5 108-67-8 541.73-1 142-28-9 108.48-7 594-20-7 95.49-8 106-43-4 9987.8 71-43-2 108-851 74-97-5 75-274 75-25-2 74-83-9 56-23-5 108.90.7 75-00-3 67-68-3 74-87.3 158.59-2 10061-01-5 124-48-1 74-95-3 75-71-8 P. 19 Date: 25 -Oct -99 Result ± 2 sigma Limit Qua' Units Method: EPA 524.2 NO NO NO NO ND ND NO ND ND NO NO ND NO ND NC NO ND ND NO NO ND NO NO NO NO NO ND ND ND ND ND ND NO NO ND NO ND NO ND ND NO - hirer detected at the oafs limit Analyte detected below quantitauoo limits E - Value above quarslitatic i range 11 - RPD outside accepted rocovety Jitrtits X - Duplicate sample(s) <5 limes limit OF Analyzed Hatch 0.5 µglL 0.5 pg/L 0.5 p /L 0.5 µ91L 0.5 ugrL 0.5 pg/L 0.5 ug/L 0.5 ItlyL 0.5 pg.& 0.5 uWL 0.5 1✓ 94- 1 pg/t. 0.5 0.5 1t4� 0.5 ug/L 0.5 pg/L. 0.5 110/1- 0.5 µyl 0.5 pg/L. 0.5 P0/1 -- 0.8 0/L0.8 0.5 u�fL 0.5 P9/1 - 0.5 9/L0.5 pot. 0.5 pq/L 0.5 µ91L 0.5 µglL 0.5 pg/I. 0.5 pg/L 1 u4/L 0.5 pg/L 0.5 pg/L 1 uyL 0.5 udL 1 µ9/L 0.5 µg/- 0.5 wail 0.6 1.101- 0 5 f?rL0.5 its u0/1- 1 1 1 1 1 1 1 1 S - Spike recovery outside accepted recovery Irmitx Y - Unspiked sample a 4 tares a,li ouai s ikee.t 8 - Analyte detected in tsc associates: method blank Z - Sample, 10 timet blank result Analyst MHC 09/24/1999 A1855 09/24/1999 A1856 09/24/1999 A1858 09/24/1999 A1856 09/2411999 A1856 09/24/1999 41856 0,9/24/1999 A1856 09/24/1999 A1856 09/24/1999 41858 09/24/1999 41856 09/24/1999 41856 09/24/1999 418.86 09/24/1999 A1856 09/24/1999 41866 09/24/1 999 A1656 09/24/1999 41855 09/24/1999 Al 856 09/2411999 41856 09/24/1999 41856 09/24/1999 A1856 09/24/1999 A 1858 09/24/1999 41855 09/24/1999 A1656 09/24/1999 A1656 09/2411999 A18,55 09/24/1999 41656 0912411999 41856 09/24/1999 41658 09/24/1999 A1856 09/24/1999 41858 09/24/1999 A1856 09/24/1999 41856 09/24/1999 41856 09/24/1999 41856 09/24/199* A1856 09/24/1999 41856 09/24/1999 A1$55 09/24119999 41856 09/24/1999 A f 856 09/24/1999 A1856 Palle 17 OCT -26--1999 15:48 • BRRR I NGER L.ABORRTCR I ES Barringer Laboratories, Inc. 15000 W 6th Avenue Suite 300 Golden, Gnlarada 80401-5047 • (8000) 654.0506 (303) 277-1687 303 277 1689 P . 20 Fax (303) 277-]689 Client: Lab Order. Project: Lab ID: 7_ancanella & Associates 9909127 97420 9909127-.02A Date: 25-Ocr-99 Client Sample 1U: Trip Stank Tag Number:: Collection Date: Matrix: Aqueous Analyses CAS# Result t 2 sigma Limit Qual Units DF Analyzed Batch Ethylbenzene Hsdlachiorobutadi ene dsopropy ibenzend rn,p-Xylene Methylene chdonde n-8uty+lbertixerte. rr-propylber>zens Naphthalene o -Xylene sec-8utylbenzena Styrene lest-Butylbenzene Tetra chtoroeth®ne Toluene trans-1,2.11ic lioroethene trans -1,3-D lea lornprcpene Trichloroethene Trialierofluororrtelhane Vfnyt &lioride Sum 1, 2.O1chlorobenzene-d4 5 u rr. 4-BromoRuorobe nzBne 100-41-4 87.58-3 98-82-8 1330-20-7 75-08-2 104-51-8 103-85-1 91-20-3 95.47-8 135-98-8 100-42-5 98.06-6 127.18-4 108-88-3 158.80.5 10081-02.6 79.01-6 75.69-4 75-01-4 3855-82-1 460-00-4 NO ND NO ND 8.6 ND ND Ni] ND ND NO NO ND ND ND ND ND NO M] 75 74 0.5 1191- 0.5 1/9/1- 0.5 9/L0.5 NBn 0.7 pg/L 0.5 8 yg1L 0.5 {lDIL 0.5 Ng4L 0.5 itg/t- 0.5 ttg/L 0.5 yryt 0.5 µg/2 0.5 119n- 0.5 u9iL 0.5 µg/2 0.5 140- 0.5 pg/L 0.5 u91L 0.5 µg/2 1 Ng /L 75-125 %REC 75-125 S %REC 09(24+1993 A1856 09/24/1999 A1658 09/24)1999 A1856 09/24/1999 A1556 09/24/1999 A1856 09/2411999 A1856 09/24/1999 A1856 09/24/1999 A1856 09/24/1999 A1856 09/24/1999 A1856 09/24/1999 A1856 09/24/1999 A1856 09/24/1999 A1566 09/24/1999 A1856 09/24/1999 A1856 09/24/1999 A1856 09/24/1999 A 1856 09/24/1999 41656 09/24/1999 A1855 09/24/1999 A1856 09/24/1999 A1856 ND - Not detected at the reporting timir 1- Astalyre detcctrd below =ma on aunts E - Value above quaaitatioa mag R - RPD outside accepted recovery Iinad3 X - Dua igte samale(s) < 7 times 11p1it 5 - Spike recovery outside accepted recovery limits Y - Unspiked Sampo .> a trans amount Spiked B - Analyte detected in the associated metbod blarddc Z - Sample > l d runts blank result Page TOTAL P.20 Colorado Department o hlic Health and Environment - Drinkint ter Section REPORTING FORM Ron I . w * • _ , YES ( ) or NO ( ) THESE RESULTS ARE TO BE USED TO FULFILL STATE SAMPLING REQUIREMENTS PWSID #: NIA COUNTY: Pitkin SAMPLE COLLECTED BY: ZancaneliaiS Assoc. SYSTEM/ESTABLISHMENT NAME:___Aspen Equestrian Estates SYSTEM ADDRESS: ,1005 Cooper Ave—Gl_ enwood S rrings,CO 81601 DATE SAMPLE BEGAN: 9/13/99 DATE SAMPLE ENDED: 9/14/99 SAMPLE START TIME: 1045 SAMPLE END TIME: 4945 am/pm PLEASE CHECK WATER TYPES: RAW( ) FINISHED ( ) SURFACE ( ) GROUND () SOURCE/WTP NAME: Appalo_osa Well, ample tap QUANTITY SAMPLED Raw = L263 Gal For Laboratory Use Only Below This Line LABORATORYSAMPLE# _ 099-232 SAMPLE METHOD 1994 CD}I Modifications LABORATORY NAME i!` -- ... - . LAB PHONE#4420) 241-1446 DATE RECEIVED INLABORATORY 9/15/99 DATE PROCESSED 9/15/99 MICROORGANISMS RAW WATER FINISHED WATER (Numbers/100 G) (Numbers/100 L) Cryptosporidium tot.IFA Count _N/A Giardia total IFA Count N/A Nondiatomaceuos Algae n.o Diatoms Plant Debris n.o. Rotifers o Nematodes n.o. Pollen n.o. Ameba n Q Ciliates n.o. Colorless Flagellates n.o. Crustaceans n� Other Arthropods n.o Insects/larvae n O. Other n.o. Giardia by Consensus Method n.o. Coccidia by Consensus Method n.o. no EVALUATION CENTRIFUGATE REMOVAL MICROORGANISM REMOVAL TURBIDITY, NTU RISK LEVEL (Ground Water) none observed l f . 4 c LLs� Reviewed & Approved by MAIL RESULTS TO: PERCENT RED. 0 = Low N/A J-0 GLREDUCTIML Title Date Colorado Department of Public Health and Environment WQCD-CMDM ATTN: Erica Kannely 4300 Cherry Creek Drive South, Denver, CO 80246-1530 P.O. Box 1908 1005 Cooper Ave. Glenwood Springs,, CO 81602 .k.\\ itLCt YoHLJV 4 044 7/1 Z4NC4NELL4 4140 4550CI4TE3, IMC. EE+IGII>NEE ilt4G CorSULwiTS November 22, 1999 Ms. Leslie Hope High Country Engineering 923 Cooper Avenue Glenwood Springs, CO 81601 (970) 945-5700 (970) 945-1253 Fax RECEIVED 401/2; 1999 RE: Aspen Equestrian Estates Dear Leslie: Attached are the results for the water quality testing for the Appaloosa Well. You will need these results for your plans review submittal to the Colorado Department of Health. If you have any questions please call our office at (970) 945-5700. Very truly yours, Zancanella & Associates, Inc. 1 i'1( ► 4 ctet P E,J`av'.'`..(4 c Chq Thomas A. Zancanella, P.E. Attachments cc: Ron Liston Jay Weinberg N: \97000's1974201hcewaterquakity.wpd BANGER LABORATORIES.C. 15000 W. 6TH AVENUE. sun'e 300 GOLDEN, CO 80401 (303) 277-1687 FAX (303) 277-1680 Colorado Department of Public Health and Environment - Drinking Water $edlon REPORTING FORM FOR TRIHALOMETHANE (Repulatedl ANALYSES Please sarrrpie by VA QUARTERS QNLY Si rerIvIred by STATE and EPA requladans YES (X) or NO [ ) THESE RESULTS ARE TO BE USED TO FULFILL STATE SAMPUNB REQUIREMENTS PINS* 1: Norse COUNTY: Gattteid DATE COLLECTED: 08/13/99 SYSTE114ESTABLISHMENT NAME: Preeha na Fa m-A{tpaloseat Welt SYSTEM ADDRESS: C/O ZancensGa, P, O. Box 1908 tt3 anwood Springs CO 181602 Sauch alms I PO Ace CONTACT PERSON: Brad Peak PHONE: 970-945.5700 SAMPLE COLLECTED BY: !rad Peek TIME COLLEL: ►t0: 10:30 AM WATER TYPE: RAW ( i or CHLORINATED ( 1 or OTHER TREATMENT { OUarr'NOM *al retia Co ref rwa rreiQyetr a IMMO) Sample 11 Address: Sarnpl♦ 12 Add Sam* Ars Address Sample 114 Address. Sample t5 Addrtass: Appebaae wed PLANT NAME /NUMBER: Preshama FsmrAppaloese Well (Cheek I>ia appropr€ata column) D STRIBLMON WT PLANT I 1 Check here rr you how written oicritisPor, Nam C—J,1* to oitidorm rale SC ¥1rO LABORATORY SAMPLE r 8809127-01 LABORATORY NAME Barringer laboralorles, Inc. DATE RECEIVED IN LABORATORY: 09/14199 QTS: CUENT NAME or lD& LAB PHONE: (303) 217-168.7 DATE ANALYZED: 09/24199 (PO-) (ug&) AVERAGE EPA (u01-1 BLANK of RE, LILTS M.101102 Lik6112.1. RESULT Chloro[enn 67.666-3 22 ail Q, BURL Byornadichiorornethana 75-274 22 524.2 005 BDL Calerodlbrorno(nelhane 124-46-1 P.S. §2Liai Q Brtxnofarm 75-25-2 24 5242 (1,1 WI TOTAL of Averagoe 0.0 TOTAL Number of Sample Palms (De.,•:11 Melo. Ae..,.aeer twos Ns") NT • MI tereo ror r.:rrfrilr try anti rre a kral+tl h tri GaLrdo sa tank CI wall al n a^v 1f1r91e. uQi: -►seri re Oir lair. Two.. hicalrum Cra4r Tal Lova CIL. COPIt trel w analaee Tor drle Ma MO. rn uio M:. r# ?1,--1;67 ti law araC -Theism Meev3 aerreerrm un+. J .YapCulte,• pia Gra corrpowe ihd ammo •m rdu'+seufre. e iw tea i* mut C lila rrcn Ale DTVI Qror•.sturka. I-' rl%7 CrriOrer ?sir rA Lem 10 CAW.. Vi'WO WOL curoerow rd P01-7 Das rwM. mutt neer or PLpe: Pfecln anti frwrtoYmit veCC049w412. AXIa C]*n CAM Q4.e 5ovil, Dim*. Co pZ1}1SJp Fag* 2 • • PSWIDE None DATE COLLECTED: W13r199/9 PLANT NAMEJNUFABER: Prathame UST OF INDIVIDUAL. SAMPLE POINTS LACE, RESULTS SIiOVLD 8E Rf1R7ED IN i TRIIHALOMF hANE$ (ReguFated) SAMPLE LOCATION POINT et LABORATORY SAMPLE A: 9909127-01. ADDRESS: (uvL) (upil-) EPA (ug/Lj BLANK CONTAMINANT agf g 1T HU= Lab MDL RESULT Chfo0:4 rm 57-65-3 .B.L 524,Z Q. NI Bs mptkhlorametuine 75-27-4 SOL 524,2 21 Chiorodl$+orrrorn a 124-48-1 MI. au 9.1 Bbl Bromoform 75-25-2 BCC 3242 QHS BOL SAMPLE LOCATION POINT e2 - LABORATORY SAMPLE it: ADDRESS: (ug&) (ug?L) EPA (ugIL) BLANK CONTAMINANT agjIt RESULT Mialt212 Lab MDI. RESULT Gtiorolarm 47-66-3 NT d.2 0055 NT Bromadtlaroa arltio one 75-27-4 NT 5242 0_5 IJ Cnkuodbmmcrnethane 124-48-1 Il aia 2.21NT Brrxrolorm 75-25-2 LE X1.2 0i5 NT SAMPLE LOCATION POINT t3 • LABORATORY SAMPLE r ADDRESS: (uot) (uyl.) EPA (ug/14 BLANK CONTAMINANT CAS* RESULT MgTHQC Lab MDL ,RESULT CNomform 67-86-3 la 2.1 faa Bromodchforarnethar►e 75-21-4 NT 5} 2▪ 4 ▪ 2 005 NT Ct)brTadibromornethane 124-48-1 NT 524.2 005 h�T Broertoform 75-2.5-2 [ 2442 21 !a7 SAMPLE LOCATION POINT #4 - LABORATORY SAMPLE 0; ADDFIES3: (uLyL) (41—) EPA (+ioj1) BLANK CONTAMINANT CAS* liS_LId RESULT C?+lorolorm 67-56-3 NT 5242 05 NT Bro 75-27-4 K 5212 21 a Chlorodrbrorrwmethrane 124-48-1 NT §Z42 41M1iT Brcmoform 75-25-2 LE Ilia 21 a SAMPLE LOCATION POINT e5 - LABORATORY SAMPLE 0: ADDRESS: (ug/L) 0944 EPA (uq'L) BLANK CONTAMINANT CAS* FiE$ULT MEF1100 I..gp}AQL RESUJJ Chloroform 87.88-9 NT 524.E 4 NT Bromodlehlaromethane 75-27-4 NT ia4-2 Q„i LE Chbrod}bromometlrane 124-46.1 NT 524.2 0.5 NT Brpmatorm 75-25-2 NT yr 9A. NT LABORATORY*: C000042 ORT# . 9909127-01 Bartingsr labvradonos, 15000 W Baa I Goidal CO 80401 (703)277-187 REGULATED Canlarrldnant 01(2-ethylhexyl) adt¢ale Di(2-ethyihexyl) phthalate Endathall Endrin Ethylene dhromuds F4e1:4achlot Heptadllor Epoxide Hexachlorobenzene Hexad'riorovidopentadlarse Lindane Methoxychlor Pentachlarophenoi Plparem Polychlorinated Biphenyls Sinning Toxaphene WSID # None Prtaharm Faurrvkvaicnxa Wog ORGANIC CHEMICALS - SOC'S (CONT.) (u9/L) CAS # MCL 103--23.1 400 117-81-7 6 145-73-7 100 72-20-8 2 106-93-4 0.05 1071-8.3-6 700 76.44.8 0.4 1024-57-3 02 118-74.1 1 77-47-4 50 58-89-9 02 72-43-5 40 233135.22-0 200 87.86-5 1 1918-02-1 500 1336-36-3 0.5 122-34-9 4 8001-35-2 3 EPA Method 525.2 525.2 548.1 505 504.1 547 525.2 505 525.2 525.2 525 2 505 531.1 515.1 515.1 505 505 505 MDL (u9&) Result 0.5 BDL 08 BDL 9 BDL 0.2 BIJL 0.01 BDL NT 02 BOL 0.2 8DL 0.2 BOL 0.1 BDL 0.1 BDL 0.1 ADL 1.0 BDL 0.1 8DL 1.0 80L 0.5 BDL 02 BDL 1.0 BDL (u9/L) Blank Result BOL BDL BOL SOL BDL NT BOL BOL BDL SOL BDL BDL. BOL B(7L BLL BOL BDL Contaminant 3-1-lydroxycartrofuran Alt5terb suilone Aidacart7ttoxlde Aldrin Buladaor Catbaryt Mamba D1eedrin Methomyl Metotachlor Metribt in Propachlor UNREGULATED ORGANIC CAS# 16655-82-6 1113-406-3 11846.88-4 1848-87-3 309-00-2 23184.66-9 63-25-2 1918-00-9 60-67-1 16752-77-5 51218-45-2 21087-64-9 191816-7 0.194) MCL N/A NIA NIA N/A N/A NIA N/A N/A NIA NIA N/A NIA N/A CHEMICALS - SOC'S EPA Method 531.1 531.1 531.1 531.1 505 5252 531.1 5151 505 531.1 5252 525.2 525.2 (ug1L) MOL (ug/L) Result 1.0 BDL 0.5 BDL 0.4 BDL 0.5 BDL 0-01 BDL 0.2 80 L 1.0 BOL 0.1 BDL 0.01 f3t71. 0.5 BDL 0.2 t DL 0.2 BDL 0.2 SOL {ug/L) Blank Result l�]L BOL BOL SOL BDL BDL BDL BDL BDL 8DL BDL BDL BOL Contaminant 1,1.O1Chlormethens 1.1-0lchloropropene 1.1 2 -Tetrachloroethane 1,122-Tetraohloroetbane 1.2.3-Trtchlorobenzen e 1.2,3- Trichlo ropropaane UNREGULATED ORGANIC CAS* 75-34-3 563.58-6 630-20-6 79-34-5 87-61-6 96-18-4 (u-) MCL N/A NIA N/A NIA NIA NIA Page 2 CHEMICALS - VOC'S EPA Method 524.2 524.2 524.2 524.2 524.2 524.2 (u911-) MDL 0-5 05 0-5 0.5 0.5 0.5 (ug/L) Result BOL 150E BOL SOL BDL (ug/L) Blank Result BDL BDL BDL BDL BDL BDL LABORATORY* 6000042 ObEiTN 9909127-01 SID # None Bardnyrr Labora►oi.. Inc- ustomer, Preshbma Farm Amakoea8 Wed 15000 w Rin AW, Gaiden. CO 80 401 303) 277-1687 UNREGULATED VOC'S (TRIHALOMETHANES) (ug/L) (ug/L) EPA (ugiL) (u914) stank CoritdminAnt CAS * MCL Method MDL Result Result Chloroform 67-66-3 NAA 524.2 02 BDL SOL Bromodlchlorornethane 75-27-4 N/A 524.2 02 BDL SOL Ch orodibromomethane 124-48-1 N/A 524.2 0.2 SOL BCL Bromotprm 75-25-2 N/A 524.2 02 BDL SQL REGULATED ORGANIC CHEMICALS -VOC'S (0i7/L) (uglL) EPA (ug/L) (ugIL) Blank Contaminant CAS # MCL Method MOL Result Result 1,1-Oldlsioroathytene 75-35-4 7 524.2 0.5 BOL 1,1.1 -Trichloroethane 71-55-6 200 5.242 0.5 HOL SQL 1,172-Tridltoroothne 79-00-5 5 524.2 0.5 BDL SOL 1,2-Dichloroethene 107-06-2 5 5242 0.5 SOL BDL 1,2-Dk iioropropane 76-87.5 5 524.2 0.5 BDL BDL 1,2,4-Trichlorobertzene 120-82-1 70 524.2 0.5 BDL SOL Saner* 71-43-2 5 524.2 0.5 SOL BDL Ca bon tetrachloride 56.23.5 5 524.2 0.5 SOL SOL cie-1,2-OlchJorae lane 156-59-2 70 524.2 0.5 SOL SQL 0kt orovmetttane 75.09-2 5 524,2 0.5 1.4 1.6 Ethyibenzene 100-41-4 700 524.2 0.S SOL SOL MonechJorobenzene 108-90-7 100 524.2 0,5 BDL BDL o-Oichiorobertzene 95-50-1 600 524.2 0.5 SQL BDL para -Dichlorobenzene 106-46-7 75 524.2 0.5 BDL BDL Styrene 100-42-5 100 524.2 0.5 BDL ---- Tetrachloroethylene 127-18-4 5 524.2 0.5 ROL SOL Toluene 108-88-3 1,000 5242 0.5 SOL BDL trans-1,2.DJchJomettrytene 156-60-5 100 524,2 0.5 BDL BDL Tridtoivettrylene 79-01-6 5 524-2 0.5 BDL SOL Vinyl chloride 75-01-4 2 524.2 0.5 BOL SOL Xylenea (total) 1330-20-7 10.000 524,2 0.5 BQL BDL REGULATED ORGANIC CHEMICALS , SOC'S (ugfL) (ug/L) EPA (uglL) lug/L) Blank Contaminant CAS # MCL Method MDL Result Result Dioxin 1746-01-6 0.00003 513 NT NT 2,4-0 94-75-7 70 515.1 1.3 SQL SOL 2,4,5 -TP 93.72-1 50 515.1 0.1 BDL Alachlor 15972-60.8 2 525.2 0,3 BDL SQL Atrazine 1912-24.9 3 525.2 0.3 SOL SQL Benzo(a)pyrene 50-32-8 02 525.2 0.1 SOL BDL Careoturan 1563-66-2 40 531,1 0.9 BOL SOL Chlordane 57-74-9 2 505 0.2 BDL BDL Dalapon 75-99-0 200 515.1 2.5 SOL SQL Ottlromochlorapropane 96.12-8 0.2 504.1 0.02 SQL BDL Dlnoseb 85-85-7 7 515.1 0.5 L SQL 0ipuat 85-00-7 20 549.1 0.4 SOL BDL Page 1 LABORATORY*: C000042 OPORT4 : 9909127-01 t3err.eQar Lat oratonaa, ,,-- 19M! W erhAva, Golden. CO 90401 (303) 277-1981 flikWSID # Noe ustomer. Praatyrrs Farm-Appatooca Web UNREGULATED ORGANIC CHEMICALS - VOC'S (CONT.) (ugIL) (ucyL) EPA (ugJL) (ug,L) Blank Caltaminant GAS 4 MCL Method MDL Result Result 1,2,4-Trimethyibenzene 95-631-8 WA 5242 0.5 BDL BOL 1,3-Dichloroproparte 142-28-9 WA 524.2 0.5 BOL SOL 1,3-Dichloroproperte 563-58-6 IIIA 524.2 0.5 90L BOL 1,3,5-Trimothylbenzene 108-67-8 N/A 524.2 0.5 BDL BOL 2,2-DIc h orapropane 594-20-7 WA 524.2 0,5 BDL SOL 9romobenzene 103-86-1 WA 5242 0,5 BDL BDL Bromochloramethsne 74-97-5 WA 524.2 0.5 BOL BDL Bramometl'lane 74-83-9 WA 524.2 1.0 BOL BDL Chloroethane 75-00-3 N/A 524.2 0.5 BDL BOL Chloromethane 74-87-3 WA 524.2 1.0 SOL BDL Dlhrornomet ane 7445-3 N/A 524.2 0.5 BDL BOL Dichlarodfifluorome hane 75-71-8 WA 524.2 1.0 BOL Bit. Fkuorotnthiromethane 75-69-4 WA 524.2 0.5 BOL BOL Hexach obutadiene 87-68-3 WA 524.2 0.5 SOL BOL Isopropylbeezene 98-82-2 WA 524.2 0.5 BDL BOL rn-Oidllarobenzene 541-73-1 WA 524.2 0.5 8DL BDL Naphthalene 91-20-3 NIA 524.2 0.5 BOL BDL n-8 itlybenzene 104-51-8 NA 524.2 0.5 BDL BDL n-Fropylbenzene 103-6.5.1 N/A 524.2 0.5 SOL BDL o-Chloroto uene 95-49-8 NIA 524.2 0.5 BOL SOL p-Chlanotoduene 106-43-4 WA 524.2 0.5 BDL SOL p-leopropyltoluene 98.87-6 WA 524.2 0.5 SOL BOL Sec-butylbe zone 13S-98-8 WA 524.2 0.5 BOL L Tart-butyltienzene 98-06-6 N/A 524.2 0.5 SOL BD[ Caeca Used Linea Result& NT • indicates Heat water sample was not tasted for tris compound. B - In6oides when the analyte is found in the assodalad biaank as well as TT the cambia. upt • Mloroarams par raw f4CL • Maximum Ganterninard Levet BDL • AttOtites deet the cotTpXearsi arae analyzed lor, blot was below detoetabie IiimI& Lab 41D1 - Lciaoratory Mothod DOCacb n Limit J - The data indestas the prattat>na Or a COmpoufd that moots peidanisrszaltOn Wane onion. but the moult is leen than the aatnpla ctusndtatlon limit but greater thin the Lao MOL (Melva the Lae MOL but t*ebw Lim POLJ Reviewed & APP By: Organic Lab Manager Title: Date r z� Page 3 BARE GER LABORATORI , INC. 15000 W. 6TH AVENUE, SUITE 300 GOLDEN, CO 80401 (303) 277-1687 FAX (303) 277-1689 Colorado Department of Public Health and Environment - Drinking Water Section REPORTING FORM FOR ORIGINAL PHASE It, V INORGANIC ANALYSES SAMPLER: PLEASE FILL OUT ONE FORM - FOR EACH INDIVIDUAL_ SOURCEIPLANT or COMPOSITE SET YES (X ] or NO ( ] THESE RESULTS ARE TO BE USED TO FULFILL STATE SAMPLING REQUIREMENTS PWSID 1: None COUNTY: Gardield DATE COLLECTED: 09/13/99 SYSTEMIESTABLI5HMENT NAME: Preshama Farm-Appaloasa Well SYSTEM ADDRESS: C/O Zancanalla & Assoc, P O. Bo Glenwood Spnngs ICG 181602 growl aricrew / 1;0 be+r 5TAft CONTACT PERSON: Brad Peek PHONE 970-945700 SAMPLE COLLECTED BY: Bred Peek TIME COLLECTED: 10:30 AM WATER TYPE: RAW ( ) or CHLORINATED (X j or OTHER TREATMENT [ SOURCE(S): LOCATIONS):. address SAMPLE POINT(S): Appalaasa WeHI tPreshama Farrn DO SAMPLES NEED TO BE COMPOSITED BY LABORATORY? YES LABORATORY SAMPLE it 9909127-01 LABORATORY NAME: Barringer L.aboratort e, Inc. DATE RECEIVED IN LABORATORY: ?//0/ 11 COMMENTS: NO CLIENT NAME or ID*: LAS PHONE: (303) 277-1687 HATE ANALYZED: 09/23/99 ((MA.) 091L) EPA (mgit) PARAMETER RESULT MCL METHOD Lab MOL ANTIMONY B L 0.006 200.9 0.003 ARSENC BOL 0.05 200.9 0.003 BARIUM 0.03 2.0 200.7 0.02 BERYWUM SOL 0.004 7 0.002 CADMIUM BI7L 0.005 200.7 0.002 CHROMIUM BDL 0.1 200.7 0.01 COPPER BDL 1.3' 200.7 0.01 CYANIDE BOL 0.2 335.4 0.01 FLUORIDE 0.5 4.0 300.0 0.1 LEAD 13DL 0.015` 200.9 0.002 MERCURY SOL,. 0.002 245.1 0.0002 NICKEL SOL 0.1 200.7 0.04 SELENIUM SQL 0.05 200.9 0.005 SODIUM E "' 200.7 1 SULFATE 150 500.0'" 300.0 1 THALLIUM SQL 0.002 200.9 0.001 NT = Not tasted for Compound rito/L-fir* Liter MCL = Mammon CanteminarTt Leve! Lab MDL Laboratory MgtRoa Detecator% Limit - _ NOT an MCL. 'Acton Lever a NOT an MCL. 'Monnarhp Haquirement gnat ti Holding time hes been exceeded MAL MUM LO_ CoCIprtko Cocc aero or tmonn. W CO-Cw. 2. 4Xi] Cncrrr C.oW* Semi CC ems- 953[7 BARRIER LABORATOAS, INC. 15000 W. 6TH AVENUE, SUITE 300 GOLDEN, CO 80401 (303) 277-1687 FAX (303) 277-1689 Colorado Department of Public Health and Environment - Drinking Water Section REPORTING FORM FOR NITRATE/NITRITE as NITROGEN ANALYSES SAMPLER: PLEASE FILL OUT ONE FORM - FOR EACH INDIVIDUAL SOURCE/PLANT or COMPOSITE SET YES [ X1 or NO [ ] THESE RESULTS ARE TO BE USED TO FULFILL STATE SAMPLING REQUIREMENTS PWSID #: None COUNTY: Garfield DATE COLLECTED: 9/13/1999 SYSTEM/ESTABLISHMENT Presharna Farm-Appalossa Weil SYSTEM ADDRESS: C/O Zancanella P.O Box 1908 [Glenwood Springs ICC) [81602 Street oddrossa J PC Sox air STATE of CONTACT PERSON: E Brad Peek PHONE: 970-945-5700 SAMPLE COLLECTED BY: B Brad Peek TIME COL{ FCTED: 10:30 A.M. WATER TYPE.: RAW [ X 1 or CHLORINATED [ ] or OTHER TREATMENT [ ] SOURCE(S): LOCATION(S): - address SAMPLE POINT(S): Appalossa Weld I Preshama Farm DO SAMPLES NEED TO BE COMFOSITED BY LABORATORY? YES [ ] NO [ ] LABORATORY SAMPLE li: 9 9909127-01 LABORATORY NAME: Barringer Laboratories, Inc. DATE RECEIVED IN LABOR 9114199 # COMMENTS: CLIENT NAME or ID#: LAB PHONE (303) 277-1687 DATE ANALYZED: 9/27/99 (ma/l-) (msTL) EPA (m3/1) PARAMETER RESULT MCL METHOD Lab MOL NITRATE/NITRITE-N 0.5 10.0 353.2 0.1 NITRATE NT 10.0 NITRITE NT 1.0 NT = Not tasted for Compound rngit = MIINgrams per Liter MCL = Maximum Contaminant Leval Lab MDL = Laboratory Method Detection Limit H a Holding time has Peen exceeded e Reviewed & Approved by MA&[ rafstiLT5 TO: Cdoroao Depot -wont- of►iu fl7l ',r QCD-ow.92 43a)Ctiouy Crook Souin Denver. CO 60222-1530 !] ( f Date P.Q. Box 1908 1005 Cooper Ave. Glenwood Springs, CO 81602 ZA1r4C4r1ELL4 4140 4550CIATE5, If1C. EricINEEI iflc CONSUL -1411 5' November 22, 1999 Ms, Leslie Hope High Country Engineering 923 Cooper Avenue Glenwood Springs, CO 81601 (970) 945-5700 (970) 945-1253 Fax. RE: Aspen Equestrian Estates Dear Leslie: Attached are the results for the water quality testing for the Appaloosa Well. You will need these results for your plans review submittal to the Colorado Department of Health. If you have any questions please call our office at (97O) 945-5700. Very truly yours, Zancanella & Associates, Inc. Thomas A. Zancanella, P.E. Attachments cc: Ron Liston Jay Weinberg N :197000's1974201hcewate rqual ity.wpd BAAPPINGER LABORf+TORIEC. 150170 W. STH AVENUE, SURE 300 GOLDEN, GO 80401 (303) 277-1687 FAX (303) 277-1689 Colorado Department of Public Health and Environment - Drinking Water Section REPORTING FORM FOR TRIKALOMETHANE (Rcqulated) ANALYSES Please sans* by rrs",trc+' ' C4JA_RTERS ONLY 85 reQVfred by STATE and EPA regulations YES r X j or NO ( j THESE RESULTS ARE TO BE USED TO FULFILL STATE SAMPLING RECtu1REMENTS PWS1D t: None COUNTY: Garfield DATE COLLECTED: 09/13/99 SYSTEMIESTABUSHMENT NA>64E. Pre& area Foam-Appeloesa Well SYSTEM ADDRESS: C/(7 Zarrnnarla, P.C. Sox 1908 1elem'ood Syringe CQ I&1602 bait adras J FCc }� CONTACT PERSON: Sad Peet Pi4ONE: 974.945-57[l0 SAMPLE COIIECTED BY: Brad Pam TIME COLLET: r LU: 10:30 AM WATER TYPE: RAW ( Xi Or CHLORINATED ( j or OTHER TREATMENT [ rmerueler 91144 MIA daref need neared TO 14 Sample ■ 1 Address: Appeloaaa Wed Sam* e2 Ammar SaMple #k3 Address: Sample f4 Address; Sample 16 Address: PLANT NAME/ NUMBER: Presharna Farre-Aupaloeaa Welt ( the 4pproprtais o urort) D3TTRala ION wr PLANT Check nen r` you Tuve wittier plmr;pn era*+ CtWIE ro Wpm roa,cea icrnvrI+a LAt3OHATORY SAMMPLJ; 1: 9809127-01 LABORATORY NAME: Barringer Laboratories, Inc. DATE RECEIVED IN LABORATORY; 0W14199 COMMENTS: CLIENT NAME or IDs: LAB PHONE: (303) 277-1687 DATE ANALYZED: 1]9,/24199 (we-) (u611-) AVERAGE EPA {ugA.] BLANK CONTAMINANT CA pi of RESVLTS METHOQ ;ALUM'. RESULT atioro(onn 67-66-3 12 iall SOL Bromodtchiorornethene 75-27-4 524.2 CI BOL Chlorodtbromomadtans 124-48.1 12 Vitali 1.1 8 Bromutorm 75-25-2 Q,,2 giu 1,5, ai2L TOTAL of Averages 0.0 TOTAL Number of Semple Points exedit r OsOOr.a.r>ranPS++ram r+r • wpr TISK Ter CsrriC Ara $.1w! anrhx aturd Y+r+* micci nObark ce velon we fmReil& WIA. . 0.62•14,7.• w N+er. I. L •genie Ca verset f�rr EC& . CterL+eeiia wen lXgMd fir or .01040. nw Lac mO . Labia). • L oroctory Me1Faa Diparficr, J .trdG+o4e h plionak 9r ocomm.a 4.d ',woo wo%scr ks/+m cameo CII fti was VON fl+ryr VW 1.7r00 4XY.'+few mo pwuw. ?m fns ifIthibL {Name to Lao fes. Cur MO?. ere ✓'GL] 11 1 3-2,--; Date UAL POLus Ina Ctrl shoe Ol posmonf of Ptak made ono 1'warniet M+CCO-OW-82. +UCG OViker Gawk Clop.* 3o.il Demo. co I8222-1530 Pape 2 PSW1Ort. None PLANT NAME/NUMBER: Presharna • DATE COLLECTED: stun o99 UST Of INDIVIDUAL SAMPLE POINTS DELL RESULTS SHOULD BE REPORTED IN vat) TRIM ALOUETHANES (Regulated) SAMPLE LOCATMON PONT rte - LABORATORY SAMPLE *:viva t27-01 ADDRESS: (ugA.) (uyt) EPA (wit) BLANK CONTAMINANT CASs 13ESULT Milfral LaD.MDL RESULT Chlo xm 67-6-3 NI 5 4.2 LI NI Bromotichl framef lane 75-27-4 BOL 52,2 IA ChlorodlhrotnomaCtane 124-48-1 1.521.2 21 BSI Brornotarm 75-25-2 ISO 4z 0O5 BDL SAMPLE LOCATION POINT 12 - LABORATORY SAMPLE s: ADDRESS: (uglL) (ufyl.,) EPA (MOIL) BLANK CONTAMINANT CAS!, RESULT METHOD IA MLT RE ULT Chloroform 57-66.3 NT gla 05 NT Bi mo larometharre 75.27.4 NT 524.2 0 55 III Chlorotltbromomathane 124-48.1 MM aiii, 2 NT Bromokxtrn 75-25-2 NT 1Z4.2 D5 NT SAMPLE LOCATION POINT t3 - LABORATORY SAMPLE t ADDRESS. (uSM/L) fuCrL) EPA (ug/L1 BUNK CONTAMINANT CASA RESULT MBTHOC Lab MDL RESULT Chloroion 67-66-3 til 524.2 Qom` Nor Bromnolthlorj athane 75-27.4 NT 524.2 4055 NT ChiormINaromomethene 124-4 -1 NT 524.2 405 NT Bromo4omi 75.25.2 °4I 2.4.2 4.I E SAMPLE LOCAT1ON PONT 14 - LABORATORY SAMPLE 0: ADDRESS: (uMit) (LDyL) EPA MIL) BLANK CONTAMINANT CASs RESULT Matict2 SQL RESULT Chlorobrm 67-450-3 NT .524.2 005 NT BremodMd+bromarAw►e 75-27-4 N ail 12 MIL C h1orodibramomethane 124.48-1 NT 524,2, Q1 NT Bromoforrn 75.25.2 LEL SAMPLE LOCATION POINT 15 - LABORATORY SAMPLE 4_ ADDRESS: {ugiL) (up7L) EPA (ug(L) aLANK CONTAMINANT CASs REB.111..1 METHOD jAgAtak RE3QI,T Chloroform 87.88-3 NT 524.2 NT BromQd tilorometirane 75-27-4 N=T i2a.2 Q.,1 Chia roaDbromorneVrans 124-48-1 NT 524,2 0.5 NT Bromotorrn 75-25-2 NT 5 .d.2 9,1 NT LABORATORY*: COOi0042 RT# . 9909127-01 if iMn9uq Lahowaonra 15000 W 6111 Ave. GoleM , CO 80+01 moa) 277-1e67 REGULATED Cantaminan1 Di(2-ethythaxyl) afloat° D+42 -e exyl) phthalate Endolhaai Endrin Ethylene dibrornide Gtyphosate • 14apiscra0f Heptachlor Epoxide Hexechlorobenzana Heniettiotocyclopentediane Linden. MathoxyCtlk?r Oxatnyi Perttachlorapherrd Pigoram Paiyct$arinaied Biphenyls Simazine Toaraphene fir WSID # None U9tornor. PtIniuma Farm-App..W**a Wee ORGANIC CHEMICALS - SOC'S (CONT.) () CAS # MCL 103-23-1 400 117-81-7 6 145-73-7 100 72-204 2 106-93-4 0.05 1071-83-6 700 76-44-8 0,4 1024-57-3 02 118-74-1 1 77-47-4 50 58-89-9 02 72-43-5 40 23135-22-0 200 87-86-5 1 1918-02-1 500 1336-36-3 0.5 122-34-9 4 8001-35-2 3 EPA Method 525.2 5252 548.1 505 504.1 547 5252 505 525.2 5252 5252 505 531.1 515,1 515.1 505 505 505 (ugly-) MOL 0.5 0.8 9 0.2 0.01 02 0.2 0.2 0.1 0.1 0.1 1.0 0.1 1.0 0.5 0.2 1.0 Resutt BDL BDL BOL l3DL BDL NT BDL SQL SQL SQL SDL BOL BDL SQL BOL SQL (u91L) Blank Peewit SOL SOL SQL SQL SQL NT SQL SQL BDL BDL SOL SOL SQL BOL BOL BDL ` OL BDL BOL Contaminant 3-t- ydtaxyoarbofuran Aidicarb Alc6carb autione Akdcarb sultoldde Akirnl Bt for Carbaryi DiCBm ba Detain Metiwrrryt Metotec nior Metribuzin Propachlor UNREGULATED ORGANIC CAS # 16655-82-6 116-06-3 184.88-4 1648.87-3 309-00-2 23184-66-9 53-25-2 1918-00-9 60-67-1 16752-77-5 51218-45-2 21087-64-9 1918-16-7 (++9&) MCL NIA N/A N/A NJA N/A N/A NIA N/A NJA NJA N/A NJA NIA CHEMICALS - SOC'S EPA Method 531.1 531.1 531.1 531.1 505 525.2 531.1 515.1 505 531.1 525.2 526.2 5252 (ug/L) MOL 1.0 0.5 0.4 0.5 0.01 02 1.0 0.1 4.01 0.5 0.2 0.2 0.2 (ug/L) Result SQL SOL SIL L BQL SOL BDL SOL SQL HDL SQL 9DL (ug/L) Blank Result SOL BQL SQL BDL SQL SQL SOL SQL SQL SOL SOL SQL Contaminant 1,1-Dich oroethane 1,1-Diohioroprapene 1,1.12-Tatrac hloroethane 1,1,2,2-Tetraohioroothanu 1,2,3-Trichlorodanzene 1,2,3-Tnchkrropropene UNREGULATED ORGANIC CAS 4 75-34-3 563-58-6 630-20-8 79-34-5 87-61-6 96.18.4 (UgIL) MCL N/A NIA N/A NJA NIA N/A Page 2 CHEMICALS - VOC'S EPA Method 524.2 524.2 524.2 524.2 524.2 524.2 (u9n-) MOL. 0.5 0.5 0.5 0.5 0.5 0.5 (ug/L) Result SOL SOL SOL (ugJL) Blank Rasuit SQL SQL SQL SQL SOL SQL SOL SOL LABORATORY#: 0000042 •PORT#: 9909127-01 estrfngrr La4oreuxiva, Irtic. 150170 W t11'1 Ave, Go1do . Co 804Q1 1303) 27T-1687 UNREGULATED VOC'S (TRIHALOMETHANES) I WSIO # None 4U$tornWC PresAame Farrl4.ppak]eaa Wag (ug+L) (ug/L) EPA (ugit) (U9IL) Blank Contaminant CAS* MCL. Method MDL Result Result Chloroform 67-68-3 NIA 5242 02 BDL BDL Bromodlchlotornethane 75-27-4 N/A 524,2 02 SOL BDL Chkrrodlbromornethane 124-48-1 1WA 5524.2 0,2 ENOL BDL Brornoform 75.25.2 N/A 524.2 02 BDL BOL REGULATED ORGANIC CHEMICALS - VOC'S (ug/L) (uyIL) EPA (u9(L) (ug/L) Blank Contaminant CAS 1 MCL Meshed MOL Ruh Result 1.1-Dichloroethytone 755-35-4 7 524.2 0.5 BDL BOL 1,1.1 -Trichloroethane 71-55-6 200 524.2 0.5 BDL BOL 1.1,2 -Trichloroethane 79-00-5 5 524.2 0.5 80L BDL 1,2-Diehtaroe1hate 107-06-2 5 524.2 0.5 BOL BDL 1,2.Dlchloropropane 78-87-5 5 524.2 0.5 BOL SOL 12,4-Trichlarobenzeno 120-82-1 70 524.2 0.5 SOL SOL Benzene 71.43-2 5 524.2 0.5 SOL BDL Carbon tetrachloride 56-23-5 5 524.2 0.5 BOL BOL oil-1,2-Olchlloroethyiene 158-59-2 70 524.2 0.5 BOL BDL Dichloromethane 75-09-2 5 524.2 0.5 1.4 1.6 Ethyibenzone 100-41-4 700 524.2 0.5 BOL SOL Monochlorobenzene 148-90-7 100 524.2 0.5 BOL BDL o -Dichlorobenzene 95.50.1 600 524.2 0.5 BOL BDL para -Dichlorobenzene 106-46-7 75 524.2 0.5 BOL BOL Styrene 10D-42-5 100 524.2 0.5 BDL Tetrachloroethylene 127-18-4 5 524.2 0.5 BOL BDL Tplusne 108-88-3 1,000 5242 0.5 BDL SQL trona-12-Dichloroethylene 156-60-5 100 5242 0.5 BDL BOL Triohlorvethylane 79-01-6 5 524.2 0.5 BOL BDL Vinyl chloride 75-01-4 2 524.2 0.5 _ _ BOL BDL Xylenes (total) 1330-20-7 10.000 524.2 0.5 BDL SOL REGULATED ORGANIC CHEMICALS - SOC'S (ug/L) (ug/L) EPA (ug/L) (uglL) Stank Contaminant CAS # MCL Method MDL Result Result Dioxin 1746--01-6 0.00003 513 NT NT 2.4-0 94-75-7 10 515.1 1.0 t3OL BOL 2.4,5 -TP 93-72-1 50 515.1 0.1 SQL DL A1$chl r 15972.60.8 2 525.2 0.3 SQL 6.3 TL Atrazine 1912.24.9 3525.2 0.3 BOL BOL Benzo(a)pyrene 60-32-8 0 2 5252 0.1 SQL BOL Carboluran 1563.66-2 40 531,1 0.9 SQL BDL Chlordane 57-74-9 2 505 0.2 SQL BOIL Dalapon 75-99-0 200515.1 2.5 SOL BDL Dibromocflloroprapane 96-12-8 0.2 504.1 0.02 81% SQL Dlrlcfseb85.85-7 7 515.1 0.5 SQL Dictum 85-00-7 20 549.1 0.4 - SQL BDL Page' 1 LABORATORY4: C000042 QRT# : 9909127-01 TM+Gea Labor.bries rc mow W Birt A+ra, Gaidir. CO [90401 (X13) Z1 4667 WSJD 4 None ust0m*r. Prssherha Farm-Appatacw Ma'" UNREGULATED ORGANIC CHEMICALS - VOC'S (CONT.) (ug/L) (ug/L) EPA (ug/L) (ug/L) Skink Contaminant CAS 1 MCL Method MDL Result Result 1,2,4-Trimethylbenzone 95-83-6 N/A 5242 0.5 BDL BDL 1,3-Dichioropropane 142-28-9 WA 524.22 0.5 BDL BOL 1,3-DicNWropropena 563-58-6 N/A 524.2 0.5 BOL BDL 1,315 -Trine 1benzana 108-67-8 WA 524.2 0.5 SDL SOL 2,2-Dtchioropropana 594-20-7 WA 524.2 0.5 BDL BDL Btyrnobenzer%e 108-86-1 N/A 524.2 0.5 BOL BOL Bromoc tloromethane 74-97-5 NIA 524.2 0.5 BOL BOL Brvsrwrttethane 74-83-9 WA 524.2 1.0 SOL BDL Chkxoethane 75-00-3 NIA 524.2 0.5 BOL BOL Chiorornethane 74-87-3 NIA 524.2 1.0 BOL BOL D1>drornomelhane 74-95-3 N/A 524.2 0.5 BDL BOL Dichlorodclluoromethane 75-71-8 N/A 524.2 1.0 SOL SOL Auort lrQmettlane 75-69-4 NIA 524.2 0.5 SOL BDL Na ctahlombrttadiene 87-68-1 N/A 524.2 0.5 SOLSOL lawprow/benzene 98-82-2 N/A 524.2 0.5 BDL BOL m Dicttlorobertznne 541-73-1 WA 524.2 0.5 SOL BOIL Naphthalene 91-243 N/A 524.2 0.5 SOL SOL n-Butlybenzene 104-51-8 N/A 524.2 0.5 BOL BOL n-Propylbenzena 103-85-1 N/A 524.2 0.5 BOL _ 8i o-Chloroto(uena 95-49-8 N/A 524,2 0.5 SOL SOL p-Chlorotoluene 106-43-4 NIA 524.2 0,5 BOL SOL p-lsvpnopyltoluene 98-87-6 N/A 524.2 0.5 BDL BOL Sac-butylbenzenr 135-95-8 N/A 524.2 0.5 BDL BDL Teit-butylb•rizane 98-06.8 N/A 524.2 0.5 BOL BbL Coles Wed Under Rewltx NT - Meet:Vas that waiter sample was not tested ter the compound B - [rtdtam when the enalyte i& found et tits as3Cdatad blank as well U ift dhe Sample. upll • Mbnppr ivw per liber iACL - ilaste sstm Cortteerti'taia S OL - indicate/ that the was analyzed lar. but was below detectable broke, Lap MDL - {x6orato y MwrSod Oeascann Limit - The Lieut inc5 stee the ptressence of ■compound that meets the klerefics $on octane low'. but the result is tear than the sample ouarataGdn limit but greater Menthe Lab MOL (Abwa the Lab MOL but below the POW e fievsewed & Apprr By: Organic Lab Manager / isle: Date z 7 z -- Page 3 BARAGER LABORATORIM, INC. 15000 W. STN AVENUE, SUITE 300 GOLDEN, CO 80401 (303) 277-1687 FAX (303) 277-1689 Colorado Department of Public Health and Environment - Drinking Water Section REPORTING FORM FOR ORIGINAL. PHASE II, V INORGANIC ANALYSES SAMPLER: PLEASE FILL OUT ONE FORM - FOR EACH INDIVIDUAL SOURCE/PLANT or COMPOSITE SET YES [ X j or NO ( j TI -}ESE RESULTS ARE TO BE USED TO FULFILL STATE SAMPLING REOU1REMENTS PWSID e: None COUNTY: 0ardield DATECOLLECTED: 09113/99 SYSTEM/ESTABLISHMENT NAME Preshama Farm-Appalosea Well SYSTEM ADDRESS: 0/0 Zama* & Assoc, P.O. Bo4Glenwaod Springs [CO 381602 Siwf odairm / PO lka r 1TV SfAtR IV CONTACT PERSON: Brad Peak PHONE: 970-945=5700 SAMPLE COLLECTED BY: Brad Peek TIME COLLECTED: 10:30 AM WATER TYPE: RAW ( ] or CHLORINATED [ X j or OTHER TREATMENT [ 1 SOURCE('S) LOCATION(S): , address SAMPLE POINT(S): Appaloosa Well lPresharna Ferro DO SAMPLES NEED TO BE COMPOSITED BY LABORATORY? YES ( J NO [ LABORATORY SAMPLE It 9009127-01 LABORATORY NAME: Barringer Laboratories, Inc. DATE RECEIVED IN LABORATORY: 4?/14f*7? COMMENTS: CLIENT NAME or ID*: LAB PHONE: (303) 277-1687 DATE ANALYZED: 09/23/99 (M114-) (m94-) EPA (mgt) PARAR RESULT MCL METHOD Lob MDL ANTIMONY BBOOL.-- 0.006 200.9 0.003 ARSENIC BDL 0.05 200.9 0.003 BARIUM 0.03 2.0 200.7 0.02 BERYLLIUM BDL 0,004 ?200.7 0.002 CADMIUM BDL 0.005 200.7 0.002 CHROMIUM BDL 0.1 200.7 0.01 COPPER BOL 1.3' 200.7 0.01 CYANIDE BDL 0.2 335.4 0.01 FLUORIDE 0.5 4.0 300.0 0.1 LEAD BDL 0.015- 200.9 0.002 MERCURY BDL 0.002 245.1 0.0002 NICKEL BDL 0.1 200.7 0.04 SELENIUM BDL 0.05 200.9 0.005 SODIUM 6 200.7 1 SULFATE 150 500.0" 300,0 1 THALLIUM BOL 0.002 200.9 0.001 NT = Not tasted for Compound mglL Mailgrams per Liar /+ACL = Maximum Cameunina t Leel Lab MILL Laboratory Method Detection Limit Reviewed & ApOuved by ' = NOT an MCL, 'Action Laver a NOT an MCL. 'Monnorhg ROitukemeni Only Ha Holding Ulna has been exceeded MAA. At3ir7 TLl CeilOrCeflb [ eao1n.. t Of wan. WiQC.D-o .82 4X0 creel, Cc South. de nve. co rr292-1 S30 bate BARRII' ER LABORATOR•S, INC. 15000 W. 6TH AVENUE, SUITE 300 GOLDEN, CO 80401 (303) 277-1 687 FAX (303) 277-1689 Colorado Department of Public Health and Environment - Drinking Water Section REPORTING FORM FOR NITRATE/NITRITE as NITROGEN ANALYSES SAMPLER: PLEASE FILL OUT ONE FORM - FOR EACH INDIVIDUAL SOURCE/PLANT or COMPOSITE SET YES (X j or NO ( 1 THESE RESULTS ARE TO BE USED TO FULFILL STATE SAMPUNG REQUIREMENTS PWS1D *: None COUNTY: Garfield DATE COLLECTED: 9113/1999 SYSTEM/ESTABLISHMENT Presshama Farm-Appalossa Well SYSTEM ADDRESS: C/O Zancanella P.0 Box 19.08 'Glenwood Springs 'CO 181602 $?bet otldries I P(7 8or CITY STATE 11P CONTACT PERSON: !Brad Peak PHONE: 970-945-5700 SAMPLE COLLECTED BY: B Brad Peek TIME COLLECTED: 10:30 A.M. WATER TYPE: RAW [ X 1 or CHLORINATED [ 1 or OTHER TREATMENT [ j SOURCE(S): LOCATION(S): - address SAMPLE POINT(S): Appalossa Wert jProshama Farris DO SAMPLES NEED TO BE COMPOSITED BY LABORATORY? YES ( I NO ( ] LABORATORY SAMPLE #: 9 9909127-01 LABORATORY NAME: Barringer Laboratories, inc. DATE RECEIVED IN LABOR 9114199 # COMMENTS: CLIENT NAME or ID#: LAB PHONE: (303) 277-1687 DATE ANALYZED: 9127199 (n0-) (m9fL) EPA (mc) PARAMETER RESULT MCL METHOD Lad MDL NITRATEJNITRITE-N 0.5 10.0 353.2 0.1 NITRATE NT 10.0 NITRITE NT 1.0 NT = Not tasted for Compound mg&L Mitligrarns per Liter MCL = Maximum Contaminant Level Lab MDL Laboratory Method Detection Unlit H Holding tuna has been exceeded Reviewed & Approved by,p9 - ?7? MAIL r7E5ULT5 TO:: CGIoroc o Deparrmarr of mecum wQCU-Ow-da 4.9Q0 Cherry Creek SBumt Denver. CO 80222-1530 /1 r Date FROM -:HERBERT 9 KLEIN HERBERT S. KLEIN MILLARD J. ZIMET' OF COUNSEL.: JACQUELINE L GARDNER ':Iso adrn ttec: in New York Via cs.W 45- 85 970 925 8700 1991-23 KLEIN _. Z1MET PROFESSIONAL CORPORATION ATTORNEY'S AT LAW November 23, 1999 Kit Lyon Garfield County Building & Planning Dept, 109 8th Street, Suite 303 Glenwood Springs, CO 81501-3303 Re: Aspen Equestrian Estates - PUD Amendment Dear Kit: 13:17 00E2 P.02/03 201 NORTH Mil L STREET SUITE 203 ASPEN, COLORADO 81611 TEL (970) 925-8700 PAX: (970) 925-3977 My office was given responsibility for ensuring that the Public Notice for the above -referenced PUD Amendment Hearing presently scheduled for December 20, 1999, was properly given. You wrote to me November 5, 1999 indicating the notice requirements. Unfortunately, although we mailed notices as required, my secretary neglected to cause the publication of the Notice within the 30 day time period. Therefore, we will need to reset the Hoard of County Commissioners: hearing on the FUD Amendment. Please reschedule this immediately and notify me as soon as you have a date so that we can be certain the proper notice is given. 1 assume we will have to reissue the mailed notices with the new date as well. If that is not the case, please advise me as soon as possible. We wish to retain our agenda time for the Board of County Commissioners Hearing on the Subdivision Preliminary Plan review for Aspen Equestrian Estates. The notice required for this hearing was only 15 days and that is being accomplished in a timely manner. Ron Liston spoke with Mark Bean about keeping the agenda date for the Preliminary Subdivision Plan and Mark has no objections. The PUD Amendment is not critical to the continued subdivision preliminary plan process- The Amendment was only necessary to conform the Preliminary Plat with the BOCC's conditions imposed in Resolution 98-11 which approved modifications to the previously granted PAD rezoning plan. The PUD amendments involve text amendments to the PUD zoning regulations that Resolution 98-11 stated and a minor adjustment of the zone district boundary of the equestrian district to reflect the elimination of three lots as a result of the conditions of Resolution 98-11. These amendments are not critical to the continued processing of the Preliminary Subdivision Plan. In fact, the text amendments may not even require a formal amendment process FROM :HERBERT S KLEIN • Kit Lyon November 23, 1999 Page 2 970 92E 8700 19901-23 13:18 #052 P.03/03 because they are already stated in prey-im�.nary Subdivision Plan a r Resolution 98-11. Also, the ppcontain a we process and obtain approvalof theseaamendma is n condition that subdivision plat review_ Prior to final I would greatly appreciate your consideration of this scheduling change so that my client will not be penalized by the mistake made by my office with respect to the correct publication of the notice. Please call me if you have art . Othforward to hearing from you shortly withtthesrevisedrdate, forlthek PUB Amendment hearing. Very truly yours, KLEIN-ZIMET PROFESSIONAL CORPORATION By. k\wcinbkrj\plAsh1442.1tt cc: Ron Liston HJ-17.13e177t S. Klein FROM, :HERBERT 9 KLEIN Herbert S. Klein Millard J. Zimet Of Counsel: Jacqueline L. Gardner • 970 925 8700 1991-23 13:17 LAW OFFICES OF KLEIN-ZIMET PROFESSIONAL CORPORATION 201 North Mill Street Suite 203 Aspen, Colorado 81611 (970) 925-8700 Phone (970) 92S-3977 'also admitted in New York LETTER OF FACSIMILE TRANSMITTAL #0E2 P.01/03 Date: November 23, 1999 Fax No.: 945-7785 PLEASE DELIVER AS SOON AS POSSIBLE TO: Name: Kit Lyon From: Herb Klein Re: Weinberg: Aspen Equestrian Estates Transmitting and/or messages: Letter to Kit Lyon dated 11/23/99 Total Number of Pages: 2 (plus one for this cover sheet) If you do not receive all of the pages, please call (970) 925-8704 as soon as poesibie. If you are not the intended addressee of this document, we regret the inconvenience caused you by its receipt. Ne ask that you telephone us, collect, to make arrangements for its disposition. Because this document may contain privileged or confidential information intended only for the addressee, we must request that you take such steps as necessary to insure that this transmission is either destroyed or returned to us at our expanse. Thank you for your assistance. November 5, 1999 Michael Erion, P.E. Wright Water Engineers, Inc. 818 Colorado Avenue P.U. Box 219 Glenwood Springs, CO 81602 Re: Aspen Equestrian Estates — Response to Comments HCE Project No. 99030.01 Dear Michael: • t'V/TE R ENO''++. KV 0 8 1999 The purpose of this Letter is to respond to your comments in the letter dated October 27, 1999. Water Supply 1. On the revised plans, HCE will show a back-up well and the connections to the primary well. 2. HCE's attorney will be addressing this issue of the surety for the permanent augmentation plan. 3. Per our conversation on October 27, 1999, we will provide a fire connection on the outside of the water tank. This connection will provide the fire trucks with access to the water supply in the event of a power outage. 4. The water system design has been submitted to the State for their review. Wastewater 5. The Ranch at Roaring Fork is in the process of providing a document to the County that will address this issue. Drainage/Floodplains 6. The details for the swales and outfall channels will be provided on the revised plans. 923 COOPER AVENUE • GLENWOOD SPRINGS, COLORADO 81601 Telephone (970) 945-8676 • Fax (970) 945-2555 Mr. Michael Erion November 5, 1999 Page 2 • 7. HCE did not directly state the Best Management Practices (BMPs), but did use the following best management practices: minimizing directly impervious areas, grass lined swales instead of curb and gutter, and installing silt fences and hay bales during construction activities. 8. Since the preliminary plan submittal, HCE has prepared a Stormwater Management Plan and an NPDES Permit, and submitted them to the State. These erosion control measures are on the revised Grading and Drainage Plan. 9. The floodplain boundary was digitized off of the FEMA FIRM map. The water surface elevations were based off of the FEMA worksheets for the Roaring Fork River. On the worksheets, they have spot elevations on the bridge and in the parking area of the existing equestrian area. HCE surveyed these locations, and is on the same datum as the FEMA mapping. Therefore, the finished floor elevations are accurate. A copy of each of these maps has been included for your review. Soils/Geotechnical 10. We will add a plat note requiring site-specific geotechnical studies for each lot, Wetlands 11. The plat will be revised to show the wetland delineations and the wetland protection measures that were outlined by Ecological Environmental Consulting. Traffic/Roads 12. This issue was addressed at the PUD hearing and was not required, Miscellaneous Comments on the Drawings . 13. A copy of the perpetual easement description is included with this letter. 14. The outflow channel will be finalized on the revised Grading Plan. 15. The culverts will be provided on the revised Road Plan and Profiles. 16. The utility notes will be revised on Sheet 18. 17. The easement for the potable water system improvements will be further clarified. Mr. Michael Erion November 5, 1999 Page 3 Concurrently with the preliminary plan submittal to Garfield County, HCE submitted the sewer plans and specifications to McLaughlin Water Engineers, Ltd., who represents the Ranch at Roaring Fork's Homeowners Association. The primary result of their review was to increase the cover of the sewer main to 5 feet minimum cover (or to provide insulation if this cover cannot be met). Therefore, the sewer plan and profiles are being revised. If you have any further questions or comments, please feel free to give me a call. Sincerely, HIGH COUNTRY ENGINEERING, INC. Leslie A. Hope, P.E. Project Manager Enc tiat cc. Kit Lyon, Garfield County Building and Planning Ron Liston, Land Design Partnership Janet Lightfoot, Aspen Equestrian Estates Tom Zancanella, Zancanella & Associates • ,RECEIVED OCT 0 1 1999 LAND DESIGN PARTNERSHIP 918 Cooper Avenue, Glenwood Springs, CO 81601 970-945-22461 Fax 970-945-4066 September 30, 1999 Kit Lyon Garfield County Planning Dept. 108 8th Street Glenwood Springs, CO 81601 Re: Aspen Equestrian Estates Preliminary Plan Application Preshana Farm PUD Amendment Application Dear Kit: This letter accompanies the multiple copy submittal of the joint application for Preliminary Plan and. PUD Amendment for the Preshana Farm Planned Unit Development. The property owner, Jay Weinberg, could not acquire the right to use the Preshana Farm name. Therefore , the project will be platted as Aspen Equestrian Estates. Appropriate notes on the plat will identify the recorded zoning text for the Preshana Farm PUD as the document controlling land use on the property. By Mr. Weinberg's signature below, he requests that the above referenced applications be placed in the County' review process and authorizes myself, Ron Liston, and Herb Klein to represent Mr. Weinberg's interests throughout this review process. Mr. Weinberg owns the property's mineral rights subject to the standard U.S. Patent reservations of 1895 and such will be noted on the Preliminary Plan. If you have any questions please contact myself or Herb Klein. Herb may be reached at 925-8700. Sincerely, Ronald B. Liston Jay Weinberg r Wright Water Engineers, Inc. 818 Colorado Ave. PO .C. Box 219 Glenwood Springs, Colorado 81602 (970) 945-7755 TEL (970) 945-9210 FAX (303) 893-1608 DENVER DIRECT UNE RECEIVED DEC 0 8 1999 December 8, 1999. Kit Lyon Garfield County Planning Office 109 Eighth Street, Suite 303 Glenwood Springs, Colorado 81601-3303 rlon ��1cs Award 1999 lit RE: Aspen Equestrian Estates — Review of Revised Drawings and Water Quality Data Dear Kit: At the request of Garfield County, Wright Water Engineers, Inc. (WWE) has reviewed the water quality data and revised engineering drawings for the Aspen Equestrian Estates Preliminary Plan. Our comments are presented below. WATER QUALITY OF WELL The water quality laboratory analysis of the "Appaloosa Well" indicates that a potable supply of water is available for the project. Disinfection, proposed by liquid hypochlorite injection prior to the storage tank, appears to be the only required treatment for the drinking water. DRAWINGS The revised drawings address the technical comments included in the Planning Commission's recommendations. However, we have identified several items in the revisions as noted below. 1. The proposed location of sediment control fence on Lots B3 through B7 shown on Sheet 7 should follow the wetland boundary rather than the lot line. The wetland boundary should also be shown. 2. The proposed water line layout between the wells, storage tank, and the main line in the road shown on Sheet 11 do match the proposed layout shown on Sheet 18A. Some minor revisions on Sheet 11 are likely needed. 3. We recommend Note 6 on Sheet 6 read "Heavy equipment shall not enter the wetland area and construction materials shall not be placed or stockpiled in the wetland area-" DENVER 1303) 480-1 700 CDUR N I3O 19701 259-7411 BOULDER (303) 473-9500 Kit Lyon Garfield County Planning Office December 8, 1999 Page 2 OTHER ITEMS 4. The applicant should submit documentation in support of the proposed fire protection system which does not use a backup power generator to operate the pump station. Please call if you have any questions or need additional information. Very truly yours, WRIGHT WATER ENGINEERS, INC. By MJEldlf 921-047.060 Michael J. Project Man . ger n. P.E. cc: Don DeFord, Esq., Garfield County Legal Leslie Hope, P.E. , High Country Engineering, Inc. Wright Water Engineers, inc. 818 Colorado Ave. P.O. Box 219 Glenwood Sprrngs. Colorado 8I 602 (9701 945-7755 TEL 19701 945-9210 FAX 13031 893-1608 DENVER DIRECT UNE October 27, 1999 Kit Lyon Garfield County Building and Planning 109 Eighth Street, Suite 303 Glenwood Springs, Colorado 81601-3303 RE: Aspen Equestrian Estates — Preliminary Plan Review Dear Kit: RECEIVED OCT 2 i 1999 At the request of Garfield County, Wright Water Engineers, Inc. (WWE) has reviewed the Aspen Equestrian Estates Preliminary Plan Submittal dated October 1, 1999. This letter presents our technical review of water supply, wastewater disposal, water quality, drainage/floodplain, soils/geology, wetlands, utilities, and trafficfroad issues. In our review, we contacted some of the Applicant's technical consultants to clarify questions and identify WWE's concerns. WATER SUPPLY 1. We believe an adequate physical water supply can be developed from the existing test well. However, we recommend a second well be added for redundancy and back up. '.( 2. From an engineering point -of -view, the Basalt Water Conservancy District (BWCD) Water Allotment Contract is adequate for the project. A permanent augmentation will be decreed for the project by the BWCD and paid for by the Applicant. The County may want this cost to be included in an appropriate document such as the SIA for the project. 3. The water distribution booster pump station on Sheet 18A has not been specified yet. The system should include a backup power generator to run the system in the event of a power failure. 4 The water system design should be submitted to and approved by the State prior to Final Plat Submittal. DENVER I303,1480-1700 DURANGO {970,1259-7411 BOULDER -13031 /73-9500 Kit Lyon Garfield County Building and Planning October 27, 1999 Page 2 WASTEWATER 5. The wastewater service agreement between Aspen Equestrian Estates and Ranch at Roaring Fork and the Sewer Connecting Main Agreement between the Ranch at Roaring Fork, Aspen Equestrian Estates, and St. Finnbar outline the conditions for sewer service. The sewer service is dependent on construction of a new wastewater treatment plant. The County has no control over ensuring that these improvements will be completed. The County may want to request a "Can and Will Serve" letter from the Ranch at Roaring Fork. DRAINAGE/FLOODPLAINS 6. The drainage plan appears adequate from a water quantity standpoint. However, a detail for construction of the swales and outfall channels should be provided. 7, The drainage plan does not list any Best Management Practices (BMPs) for stormwater. Consistent with other County approved subdivisions, BMPs should be included in the drainage plan (e.g., minimizing directly connected impervious area, grass -lined swales with check structures, permanent erosion and sediment control measures, etc.). 8. Construction erosion and sediment control measures are presented on Drawing 18; however, there did not appear to be a plan showing where and when to use these structural measures. 9. The floodplain boundary does not match the floodplain elevations and topography shown on the grading and drainage sheets. It is important to resolve this issue since minimum finished floor elevations have been set and it is not clear if the project topography is on the same datum as the floodplain study. SOILS/GEOLOGY 10. There are no significant soils or geologic constraints to development on the project site. However, we concur with H -P Geotech regarding the need for site specific studies for each lot. This requirement should be reflected in the appropriate locations such as plat notes and covenants. WETLANDS 11. The delineation of wetlands should be shown on the plat and appropriate plat notes and restrictions in the covenants should be added to avoid impacts to the wetland areas. Specific protection measures as outlined in the Andrew Antipas Ecological and Kit Lyon Garfield County Building and Planning October 27, 1999 Page 3 Environmental Consulting, L.L.C. should be presented in plat notes and shown on the drawings. TRAFFIC/ROADS 12. Access to the project is via a single, long cul-de-sac. There does not appear to be any provisions for secondary emergency access/egress on the project. MISCELLANEOUS COMMENTS ON THE DRAWINGS 13. The plat provides a legal description for and depicts a "Perpetual Easement." There is no description of the use of this easement (e.g., utilities, access, irrigation, etc.). The sewer line must cross this easement and it is unclear whether this is permitted within the easement. 14. On Sheet 6, the grading for the outflow channel between Lot El and Lot B11 is incomplete. 15. The proposed culverts should be shown on the road profiles. 16. The Water and Utility Notes on Sheet 18 should he revised to fit this project, specifically Notes 5, 6, 7, 11, 13, and 15. 17. The plat shows, but does not identify or label, the easement for the potable water system improvements. Please call if you have any questions or need additional information. Very truly yours, WRIGHT WATER ENGINEERS, INC. By MJE/dlf 921-047.060 cc: Don DeFord, Esq., Garfield County Leslie Hope, P.E., High Country Engineering Michael rion, Project M: nager • STATE OF COLORADO COLORADO GEOLOGICAL SURVEY Division of Minerals and Geology Department of Natural Resources 1313 Sherman Street, Room 715 Denver, Colorado 80203 Phone: (3031866-2611 FAX: (303) 866-2461 Ms. Kit Lyon Garfield County Planning Dept. 109 8th Street, #303 Glenwood Springs, CO 8 1601 Oct. 22,1999 Dear Ms. Lyon: Re: Aspen Equestrian Estates GA -00-0002 DEPARTMENT OF NATURAL RESOURCES Bill Owens Governor Greg E. Walcher Executive Director Michael 8, Long Division Director Vicki Cowart State Geologist and Director We have reviewed the materials submitted in support of the above referenced subdivision application as well as the general and engineering geology of the site. A field visit was conducted on Oct.11, 1999 to verify the site conditions as presented in the application. The Hepworth-Pawlak report does a good job of characterizing the site and making appropriate recommendations. We concur with the findings presented in their report and if they are followed, there should be no geology -related problems associated with this development as proposed. One exception to the above comment must be noted, however. The Preliminary Plan Submittal references Hepworth-Pawlak that " radiation hazards are not present for this proposed development ". No statement either way could be found in the H -P Report. 1n actuality the igneous rocks of which the terrace is primarily composed may represent a significant source of radon. This should present no problems under the current proposal which anticipates slab -on -grade or crawlspace foundations, but should the plan change or an individual structure is built with occupied below -grade living space, the potential for accumulation of radon gas must be addressed. Given this one additional comment, we have no objection to the approval of this application. Yours truly, Jeffrey l Hy Senior Engi e -ring Geologist x2/e ATE OF COLORADO Roy Romer, Governor DEPARTMENT OF NATURAL RESOURCES • • DIVISION OF WILDLIFE AN EQUAL OPPORTUNITY EMPLOYER John Mumma, Director 6060 Broadway Denver, Colorado 80216 Telephone: 13031 297-1192 9-14-97 Garfield County Planning 109 8th St., Suite 303 Glenwood Springs, CO 81601 Dear Eric: REFER TO For Wildlife -- For People I have reviewed the Preshana Farm PUD rezoning and sketch plan. Preshana"s main value to wildlife is the riparian and wetlands along the southern boundary and Blue Creek. This habitat type is extremely valuable to many species of wildlife from mule deer, red fox, coyote, raccoon, mink, waterfowl, raptors, owls, and a variety of small mammals and neotropical birds (songbirds). Waterfowl will nest along the riparian area and wetlands as well as cavity nesters, raptors, and owls utilizing the cottonwoods for nest and perching sites. The area does contain a small resident population of mule deer which utilize the riparian corridor from the Roaring Fork River to Blue Creek and the southern end of Preshana. In addition, there is a mule deer crossing area just to the west of Preshana and deer will utilize the easement area between the Ranch at Roaring Fork and Preshana. Impacts to wildlife should be minimal as long as a movement corridor is provided, there is protection of the riparian/wetland area, and dogs are controlled. The proposal stated that pets will be restricted by protective covenants but it does not state what are those restrictions. Protective covenants generally do not work for pet control as there is little enforcement, neighbors do not like to turn in neighbors, and they can be changed by a majoity vote. Roaming and uncontrolled dogs will have a major negative impact to wildlife in this area. Waterfowl nesting and use of the riparian areas will be disrupted. The Crown which is south of the property is critical winter range for mule deer and elk and roaming dogs would have easy and close access to this area resulting in chasing and harassment of wintering animals, displacement to less suitable habitat, direct and indirect mortality, etc. It is important that there be dog control; but as a condition of approval and not through protective covenants. DEPARTMENT OF NATURAL RESOURCES, Jaynes S. Lochhead, Executive Director WILDLIFE COMMISSION, Arnold Salazar, Chairman • Rebecca L. Frank, Vice•Chairman • Mark LeValley, Secretary Jesse Langston Boyd, Jr., Member • Chuck Lewis, Member • James Long, Member Louis F. Swift, Member • John Stulp, Member The following recommendations will help to minimize impacts to wildlife: 1. Maintain homesite locations outside of south open space area along Blue Creek. Homesites be located on bench above the creek as currently planned but with a minimum setback of 25' 50' from back lot line. There should be no home or deck overhang to riparian/wetland area. 2. Maintain cottonwoods and dead snags along this riparain corridor. If some of the trees become a safety hazard they should be trimmed or topped and not fully cut down. A minimum 2-5 snags/acre should be maintained. 3. 1 dog/home with a kennel restriction. Kennel be constructed before C.O. is issued. 4. Fencing - There should be no fencing in the southerly riparian/wetland open space area or within the western open space easement between the Ranch at Roaring Fork and Preshana. All other fencing outside of the equestrian facilities be 42", 4 strand or less barb or smooth wire with a'12" kickspace between the top 2 strands. Any rail fencing be the round or split rail type, 48", 3 rail or less with at least 18" between 2 of the rails. This is especially important to R-20 lots 1-11 and R-10 lots 1-10. 5. Bring the south boundary fence along Blue Creek into compliance with fencing recommendations from its current mesh wire state. 6. All utilities be buried or made raptor proof to prevent electrocution of raptors, owls, and eagles. 7. No horse grazing within the southern open space area along Blue Creek (riparain/wetland area) All homeowners should be made aware that deer and perhaps an. occassional elk may cause damage to their ornamental and landscaping plants. The DOW is not liable for this damage. In addition, deer or elk may die on their property and the homeowner will need to properly dispose of the carcass. Thank you for the opportunity to comment. If you have any questions, please give me a call. Sincerely, Kevin Wright District Wildlife Manager Carbondale STATE OF COLORADO RECEIVED OCT AO 1999 Bill Owens, Governor DEPARTMENT OF NATURAL RESOURCES DIVISION OF WILDLIFE AN EQUAL OPPORTUNITY EMPLOYER John W. Mumma, Director 6060 Broadway Denver, Colorado 80216 Telephone: (303) 297-1192 10-25-99 Garfield County Planning 109 8111 St. , Suite 303 Glenwood Springs, CO 81601 RE: Aspen Equestrian Estates Dear Ms. Lyon: For Wildlife - !"or people The application has changed little since originally submitted 8-29-97 as Preshana farms PUD. I will refer you to my original letter to the county dated 9-14-97 and emphasize recommendations #1-7 on page 2 of my letter. The letter also describes wildlife use of the parcel. I have included a copy of the letter for your convenience. In addition to those recommendations, the following recommendations will help minimize impacts to wildlife: 1. Silt fencing be installed along lots B-2 - B-11 2. No dogs allowed on site by construction crews 3. Bury all utilities 4. Protective covenants - items relating to pets and wildlife: it would be helpful if these items could not be changed without approval from the county and DOW, instead of majority vote of the members All cats should be kept inside, especially lots B-2 - B-11, to prevent impacts to small mammals, waterfowl nesting, and birds along the riparian/wetland areas. Free roaming cats have a tremendous negative impact on these species and they need to be controlled 5. Wildlife proof or resistant trash/garbage containers should be used for those homes along the riparian/wetland area in order to prevent problems with wildlife. 6. Maximize rear yard setbacks for those homes in the R-10/S.F.R. district (lots B-2 -- B-11), 50' rear yard setback would be helpful to minimize impacts to the wetlands and riparian area. 7. All homeowners be provided brochures `Living With Wildlife". 1 have included copies for your convenience. 8. Horse hay has not been a problem in the past, but if horse hay is kept outside the existing buildings in a free standing stack, it should be fenced at the owners' expense with 8' high game proof fencing to prevent game damage to the stack and to prevent luring animals across the highway and county roads. Thank you for the opportunity to con ntent. If you have any questions, please give me a call. Sinc ely, evin Wright District Wildl; a Manager Carbondale- DEPARTMENT QF NATURAL RESOURCES, Greg Walcher, Executive Director WILDLIFE COMMISSION, Chuck Lewis, Chairman • Mark LeValley, Vice Chairman • Bernard L. Black, Jr.,Secretary Members, Rick Enstrom • Marianna Raftopoulos . Arnold Salazar • Robert Shoemaker • Philip James 8 41Q .16 8 V N r Z �. Th8. 1-g m O v u • 2 Fri, cI 141 F4, 15 - 0 1I T,Ia)Ui To0.• Hbllh a $v • c 0. .''O$ •,�° 9A r W ``!_g 0.,,tFigi'Lg�i c go 5° - w_, { get. •Ed P Rs 7B1 3 C] 1111 m • T G� F a� G 5 H m. W• X10 W58' a - ,�. 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F-,0 2 tLr cD0 E-0. c°D 0 EM v 0•m .J ,4 ocd . 3 r � .e O U a.,dDn 0 -av 0 kC " . ▪ E b ::-c = a -D7.0 2 Ii 2- Pa u 8- v_8 ai ro 3.ffJ47IM .iQ WOI Sfh K! CD 7i • STATE OF COLORADO OFFICE OF THE STATE ENGINEER Division of Water Resources Department of Natural Resources 1313 Sherman Street, Room 818 Denver, Colorado 80203 Phone: {303) 866-3581 FAX: {303) 866-3589 littp://water.state.co.uskiefault.htin Kit Lyon Garfield County Planning Dept 109 8th St Ste 303 Glenwood Springs CO 81601 October 19, 1999 Re: Aspen Equestrian Estates NWI.A. Sec. 31, T73, R87W, 6TH DM W. Division 5, W. District 38 Still Owens Governor Greg E. Walcher Executive Director Hal D. Simpson, P.E. Stale Engineer Dear Mr. Lyon: We have reviewed the above referenced proposal to subdivide a parcel of approximately 57.9 acres into 47 single family residential lots, open space and an equestrian center (including three employee dwelling units). Water will be diverted to irrigate up to 2500 square feet of lawn at each residence, and a total of 30 livestock units are included in the water service plan. Total water use for the development is estimated at 39.64 acre-feet, with a consumptive use of 9.30 acre-feet. The applicant proposes to provide water through a central supply well pursuant to a contract with the Basalt Water Conservancy District (the District). A copy of the contract was provided. Sewage disposal is proposed to be provided through a central system via an agreement with the Ranch at Roaring Fork. A review of our records indicates that a well permit has not been issued or applied for at this time. Although new well permits for this area may be available if the wells are included in the District's temporary substitute supply plan, no subsequent well permit applications have been submitted for review by this office, and there is no guarantee that permits can be issued. A report from Zancanelia and Associates, Inc., included with the submittal indicates that a well was completed under MH -36529 at the proposed site for the central supply well. The well was test pumped on September 13 and 14, 1999, at 100 gallons per minute for 24 hours. The initial water level was 6.9 feet, and the stable drawdown was 4.5 feet below this level. With adequate storage capacity this well should be able to produce a sufficient supply for the proposed use. Based on the above, it is our opinion, pursuant to Section 30-28-136(1)(h)(I), that the proposed water supply is physically adequate and will not cause material injury to decreed water rights provided the applicant obtains a valid well permit for the proposed uses. If you or the applicant has any questions concerning this matter, please contact Craig Lis of this office for assistance. Sincerely, Kenneth W Knox Assistant State Engineer KWKICML'Aspen Equestrian Estates.doc cc: Orlyn Bell, Division Engineer Joe Bergquist, Water Commissioner, District 38 RECEIVED OCT '? i 1099 • • Memorandum To: Kit Lyon, Garfield County Planning From: Noel Huff, Roaring Fork railroad Holding Authority Re: Aspen Equestrian Estates of Preshana Farms PUD Date: October 18,1999 I have reviewed the information submitted for the PUD, which consists of a 50 -unit housing development on the opposite side of County Road 100 from the railroad right-of-way. The right-of-way measures 200 -feet (100 -feet either side of the tracks) in most of this portion of the corridor. As there are no proposed access over or encroachments upon the railroad corridor, I see no potential impacts to the railroad right-of-way from the application. For the applicant's information, the railroad right-of-way was purchased for public transportation and recreational uses. The current valley -wide trail plan for the right- of-way shows a public trail alignment along side the railroad tracks, and in some areas between the railroad tracks and County Road 100 in this portion of the corridor. The applicant may want to consider a future connection to this trail during the development of the PUD. The railroad corridor is also being studied for potential passenger and freight train use in this section of the corridor. Thank you for the opportunity to comment on this land use proposal. Please contact me at 704-9282 if you have any questions. cc: Tom Newland RECEIVED OCT 1 9 1999 1